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Home My WebLink About810609.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 523 - GREAT NORTHERN INVESTMENTS CO. 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 at a public meeting held on the 9th day of December, 1981 in the Chambers of the Board, that the division into two parcels of land, as shown on the plat known as Recorded Exemption No. 523 , being the property of Great Northern Investments Co. , described as a parcel of land in the NE4 of Section 21, Township 6 North, Range 67 West of the 6th P.M. , being more particularly described as follows : Attached exhibit "A" is incorporated herein by reference. 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that the hereinabove described parcel of land owned by Great Northern Investments Co. be, and hereby is, exempt from the definition of the terms "subdivision" and "subdivided land" . The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of December, A.D. , 1981. BOARD OF COUNTY COMMISSIONERS ATTEST: . • WEL COUNTY,,, C ORADO Weld County Clerk and Recorder _/ (Aye) and Clerk to the Boa " Tuck Carls •n, Chairman BY: a it 4 , /(c _ 1,t�C( Lja ja 1t+ ai-r (Aye) Deputy County Clerk Norman Carlson, Pro-Tem A PjtOIED AS TO FORM: , / (Aye) C. W. Kirby '�� o County , / _ (Aye) ,fi n T. Martin ' j'/ ( I.l-721 ✓ Pal7, 'd0AYe) X K. Steinmark 010609 -' DATE PRESENTED : DECEMBER 14 , 1981 EXELE--- RECLRDED EXEMrfTION NO. 0807-21- RE523 SHEET 1 OF 3 A parcel of land in the NE 1/4 of Section 21, Township 6 North , Range 67 West of the 6th P.M. , more particularly described as follows: • • Beginning on the East line of said Section 21 at a- point which is 110 feet Southerly from, when measure3 at right angles to the centerline of the main line track of the Colorado and Southern Railway Company, and con°sidering the centerline of said railway company to bear South 70 56 ' East, and to which all hearings following are referred; thence South 0° 08' 30" West 242. 25 feet along the East line of said Section 21 to a point which is 10 feet North of the centerline of the factory spur track of The Great Western Sugar Company; thence along said spur track by chords whose end points are 10 feet Northerly from, when measured at right angles to the centerline of said spur track, North 87°53' West 34 . 75 feet to a point; ve thence North 87°23 ' West 100 feet to a point; 01 thence North 85°17 ' West 100 feet to a point; la n thence North 81°15 ' West 100 feet to a point; d�(/ thence North 74°40 ' West 100 feet to a point; 4� thence North 71001' West 100 feet to a point; fir thence North 70 55 ' West 100 feet to a point; thence North 70°56 ' West 100 feet to a point; thence North 70°55' West 10-O feet to a point; thence North 7026 ' West 100 feet to a point; thence North 7001 '° West 100 feet to a point; thence North 69°52 ' West 100 feet to a point; thence North 63°07 ' West 100 feet to a point; thence North 55°43 ' West 100 feet o a point; thence leaving said track North 19 07 ' East 85 . 8 feet to a point which is 8. 5 feet from the railroad track serving the warehouse of said sugar company, said point being 20 . 36 feet from the face of the pilaster of the warehouse building ; thence parallel and 8. 5 feet from, when measurei at right angles, to the centerline of said tract South 70°53' East 100 feet to a point which is the centerline of the wall between the main Building and said warehouse extended South; thence North 19°07' East 20 . 36 feet to the face of,,,,the pilaster and on the centerline of the columns in the wall separating the main building and the sugar warehouse; { thence on the same bearing North 19°07' East and along the centerline of said columns 67.63 feet to the North fade o. the ' pilaster in the North wall of said building; thence on the same bearing North 19°07 ' East 24 feet to a point; thence North 70°53 ' West parallel with the Northerly wall of said warehouse 198. 2 feet to a point; thence North 19 07 ' East 74 . 6 feet to a point in the Southerly line of the county,road, which point is 110 feet Southerly from, when measured at right angles to, the centerline of the main line track of the Colorado and Southern Railway Company; thence South 70°56 ' East along the Southerly line of said county road 44 . 1 feet to the most Westerly point of that certain parcel conveyed to The Great Western Sugar Company by deed dated April 6 , 1966 and recorded under Reception No. 1486951, in Book 565 , Weld &ounty Records; thence North 89 29 ' East along the Southerly line of the county road 149 . 2 feet to a point which is 60 feet from, when measured at right angles to the centerline of the main line track of said Colorado and Southern Railway Company; thence South 70°56 ' East parallel to and 60 feet from said centerline a distance of 962. 2 feet to a point; thence South 48 43' East 132. 2 feet, to a point which is the most Easterly point of said parcel conveyed by deed recorded under Reception No. 1486951, in Book 565, Weld County Records; thence South 70°56 ' East 70 feet to the POINT OF BEGINNING EXCEPTING from said parcel the right of way of State Highway No. 257 along the East side thereof. Said parcel contains 10.12 acres, more or less. B 18gfPQ NO. MCRAE & SHORT, INC. 1227-8th An.nus Groin, Colorodo 80871 o euso 3 RECLRDED EXENii- TION NO. 0807-2I-I-RE523 SHEET 2 OF 3 DATE: OCTOBER 30 , 1981 OWNER: GREAT NORTHERN INVESTMENTS CO. , A CO-PARTNERSHIP 1331 - 8th AVENUE GREELEY , CO. 80631 LEGAL DESCRIPTION SEE SHEET 1 of 3 FOR THE LEGAL DESCRIPTION. OWNER'S CERTIFICATE GREAT NORTHERN INVESTMENTS CO. , A CO-PARTNERSHIP, BEING THE SOLE OWNER IN FEE OF THE ABOVE PROPERTY DOES HEREBY SUBDIVIDE THE SAME AS SHOWN ON THE ATTACHED MAP. GREAT NORTHERN INVES ENTS CO. , A CO-PARTNERSHIP: 7J ef tilAT:Iiik---JO N R. P. WHEELER. DAVID G. CLARKS'ON NOTARIAL CERTIFICATE STATE- OF COLORADO ) ss COUNTY OF WELD ) THE FOREGOING CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS564, 0AV OF2 .ctcn.I- --A.D. ,1981 BY GREAT NORTHERN INVESTMENTS CO. , A CO-PARTNERSHIP OF JOHN R.P. WHEELER AND DAVID G. CLARKSON. MY COMMISSION EXPIRES : j -/.5, /9/7, 3 WITNESS MY HAND AND SEAL : 24. ...i'" .J NOTARY PUB �A`t,. ^•°••./te q o . sp • c C 'O , SURVEYOR'S CERTIFICATE •., UDL ' /of € '........... Qcr I HEREBY CERTIFY THAT THIS PLAT WAS PREPARED ON OCTOBER 30 , 1981 UNDER 6'Q�� AND TT AT THE SAME IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. .n mun „,., 5 ► �7 2 77/Cae GERALD B. McRAE, PROFESSIONAL ENGINEER AND F. ; LAND SURVEYOR, COLORADO REG. NO. 6616 *�. . k � l ,A :`a COUNTY COMMISSIONERS CERTIFICATE THE ACCOMPANYING PLAT IS ACCEPTED AND APPROVED FO LIN . ATTEST: -�/ d %illOUNTW CLERK �r✓ RMAN, BOARD 0t COUNTY COMMISSIONERS t J ZODeputy County Clerk DATE: /off — 9t" 2/ 810609 PROJECT NO. McRAE & SHORT, INC. 1227 -em Avenue Greeley. Colorado 80671 8//SO X RECD _ RDED EXEMi ,TION NO. 0807-21-I-RE 523 SHEET 3 OF 3 Co/ora0% 5'#'o'/P Hwy 392 � Lof A t , 1 LO • ,I le J�_ r� =IQ ' n to* a o . ti Windsor o - ec F . ' ( I( • t121 T) 4783 'Q 3 - 0 zoo'/00• o• 300' 400• — KJ Dsposal __ _ Scaler 1 "• zoo' s''', 24 7' 6A/., R.61 W. • , Pins found o ' Pins so LOCATION MAP SCALE' 1"-2000' LIE Corner- Seel ion 21 7.6 A/., R.6 7N. 2/ 22 e oi� R0 \`'P 72/0 3c1 JI $6 9 So I In C 772. t8 co /7 Lof A 6 96 ao, 7 /6 2944 Ac. 0o P• J. 363, 2 \ l 1 /3 h �� 0) th 24 0 /4 c` Z.071 B 5 /3 X93 ?o. 7. /76 Ac. N. Point of I. $! 00" 08'30'1 kl R4R.A'S 8P9inn i n9 I 4_ R• N. 87. 55'00" 1J 34. 75' // h ^O il co 3. N. g7•R3'oo- W, 100.00' /a / 4. At. 85' /7' 00" la/, /00.00' 9 5 ' 5 A/. 8 N. /• /5'00" W /00.00' B ig OI 0 6. 74°40'00' /•�, /OAOO' 7 7 N. 7/•O/' oo- W 0', /00.0 6 O d 8. Al. 70°55'00" W 1000'.0 9. N.N. 70'56'00" k// /00.00' 4 3 P /o. 70.55'00• $/ too.to' O /1. I I. Al 70.26'00" i✓, /00.00' � V t?. Al. 70°d'00 W, /00.00' /& Al. 69'52 oo" P/, /00617 It N. O.i•or00" W, /00.00' _. /s. Al. 55°43.00- W A70.00' k. A/. 19°07'00' E, 85.80 %l. S. 70'53'0o- E, /00.00' (8 N. /9. 07'00" E, /1 1.99' . N. N. 70.5300" W, /98.20' Ou/Pr Soondory SurUPy a Al. 19.07'00" E, 74.60' / Jos-per f rPl�5� R1. S. 70.54'00" E 44./0' by R. Al 89-29'00' E, /49.20' RE -L.S. 0 4 392 23. S• 70° 56'00" E, 962.20Pro Pc/ /974 59, Morch to,/979 24. S. 48°43'00" C /32.RefJ 2S S. 7b Sear E 70.00 810609 PROJECT NO. McRAE & SHORT, INC. 1227- 0th Arsnus Grssisy, Colorado 80631 8//50 Ar • DEPARTMENT OF PLANNING SERVICES "1 6�• PHONE(303)356-4000 Eli d g 91510th Hki.-1 --- _ I GREELEY,COLORADO 8Db December 7, 1981 r` OLORADO Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, Colorado 80631 Re: Recorded Exemption #523 Dear Commissioners: The attached application, plat and related items are in reference to a request by Great Northern Investment Company for a recorded exemption. The parcel of land under consideration is dcccribed as Pt. NE1, Section 21, T6N, R.67W of the 6th P.M. , Weld County, Colorado. The property is located adjacent to the southeast part of the town of Windsor. The property contains 10.13 acres of Class IIE irrigated and Class IVE non-irrigated soils. The request is to split the property into parcels of 2.944 acres and 7.176 acres. The 2.944 acre parcel will be utilized as a construction supply center. The intended use of the 7.175 acre parcel is an industrial park. This property is located in the Town of Windsor's Comprehensive Planning Area. The existing zoning for the subject property is industrial (3). Based upon the information submitted and the adopted policies in the County, the Department of Planning Services Staff recommends the request be approved for the following reasons: 1. The proposed split conforms with the recorded exemption intent clause and the Weld County Comprehensive Plan. The request is consistent with the Town of Windsor's Comprehensive Plan which identifies the area for future industrial land uses. The proposed uses of the property would be compatible with surrounding land uses. 2. The request complies with the provisions of Section 9-4A of the Weld County Subdivision Regulations. The Town of Windsor has set forth objections to this request. The Town has an existing sewer main within 400 feet of the subject property. The Town will not extend sewer service until the subject property is annexed by the Town. Further, the Planning Services Staff has reviewed the subject parcel for possible illegal parcel divisions. The staff has determined that no illegal divisions has occurred on this subject property. 810609 Board of County Commissioners December 7, 1981 Page 2 The Weld County Health Department was contacted for discussion about the sewer main problem. The Health Department's position is public sewage hook- up should be sought at all costs. It is the Health Departments policy to limit installation of independent sewer system where and whenever possible. However, if public sewer hook-up is not feasible, this policy can be waived in lieu of a another sewage system. The development of a septic system as a sewage disposal facility would limit the size and kind of development that could occur on the property. The applicant would be required to secure a proper septic permit at the time they make application for a building permit. Finally, the Town of Windsor and the applicant are in the process of annexation negotiations. Respectfully, (z 7/lC cl Rod Allison Current Planner RA/bn Encl. 810609 L yy !CTT i A I INN ti GREELEY CIVIC CENTER November 1- . 1981 GREET EV. COLORADO E30C PHONE '303' 353 0 Weld County Planning Commission Greeley, Colorado 80631 Attention: Mr. Ron Allison TO WHOM IT MAY CONCERN: This is to certify that the City of Greeley is now providing water service to 15 E. Walnut Street, Windsor, Colorado, for Windsor Lumber Company. However, from our records it has been determind that the 3/4" service is being metered by a 6" meter on the old Sugar Factory 6" tap. To continue service, the 3/4" tap will need to be metered by a 3/4" meter to be installed at the owners expense. No additional taps will be granted , nor will enlargement of the 3/4" be permitted for this tract of around since service is from our transmission lines and the City cannot guarantee a minimum pressure. Sincerely, CITY OF GREELEY uthiere Administrative Engineer Water and Sewer JG/pm 810609 "A COMMUNITY OF PROGRESS" 1so , ` ow4 ofWir1d8of _ .,0 � o. r� P.O. BOX 627 WINDSOR, COLORADO 80550 December 3 , 1981 Mr. Rod Allison Weld County Department of Planning Services 915 Tenth Street Greeley, Colorado 80631 RE : RE523 Great Northern Recorded Exemption. Dear Rod: The Town of Windsor has an existing sewer main in the area of the subject property, however, no sewer hook up will be allowed until the area is annexed by the Town. This , therefore, does not fulfill the require- ments of Section 9-4 A (5) of the Weld County Subdivision Regulations. Furthermore , violations of the above regulations occurred in June 1979 , when the parcel in question was split without following proper procedures. This vio- lation by the Carfields and Great Northern Investment Company should not be condoned by now granting this exemption. Thank you for your cooperation in this matter. Sincerely, TOWN OF WINDSOR cHrThc 01-51S-40--- Donald E. Sandoval Town Administrator DES/jel 810609 „s,;u i sor TOW cdfcWiRclesoc yet ii �r; . 1 P.O. BOX 621 WINDSOR, COLORADO 80550 November 6 , 1981 Mr. Rod Allison Weld County Planning Commission Greeley, CO 80631 Dear Mr. Allison : The Town of Windsor is now providing sewer service to the area to East Walnut Street in the Town of Windsor . This service is provided to the Great Western Sugar Company plant located on Walnut Street . The Town of Windsor has an existing sewer main in the area, designed to serve the area east of the Great Western Sugar Company property and if annexed, the Town is capable of serving the properties designated as parcels A and B located east of the Great Western Sugar Company , now owned by Great Northern Investment Company . Parcel A would be designated as 15 East Walnut Street in the Town of Windsor . Sincerely , c —TOWN OF WINDSOR Donald E. Sandoval Town Administrator DES/pjb 810609 r AF 'CATION FOR RECORDED EXEM ION PHONE: 356-4000 Ext . 400 Department of Planning Services , 915 -- 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY: CASE NO . EEC)-3 APPL. FEE 1 VT. c'-r, ZONING DISTRICT RECORDING FEE SS' ec-; DATE II 1j , s(j RECEIPT NO . / �- � 7 APPL . CHECKED BY I?r] 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 ACREAGE: Lot "A" 2944 ; Lot "B" 7.176 ; Total 10.12 Has this property been divided from or had divided from it any other property since August 30 , 1972? Yes XX No Are there any existing improvements on Lot A? Yes XX No Lot B? Yes No XX FEE OWNERS OF PROPERTY: GREAT NORTHERN INVESTMENTS CO. Name: A CO-PARTNERSHIP: Address 1331 - 8th AVENUE Phone 356-1331 Name : JOHN R.P. WHEELER Address GREELEY, CO. 80631 Phone Name : DAVID G. CLARKSON Address Phone WATER SOURCE FOR: Lot "A" CITY OF GREELEY ; Lot " B" CITY OF GREELEY TYPE OF SEWER FOR: Lot "A" TOWN OF WINDSOR ; Lot "B" TOWN OF WINDSOR PROPOSED USE FOR: Lot "A" INDUSTRIAL ; Lot "B" INDUSTRIAL . 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 ) 2 / STATE OF COLORADO) ( y Sig ature : Own r or Authorized gent Subscribed and sworn to before me this .9tok day of 19 P/ . SEAL c+�' Notary Public • My Co mission expires : V 81O600 FIELD CHECK FILING NUMBER: RE-523 DATE OF INSPECTION: 12/2/81 NAME: Great Northern Investment Company REQUEST: Recorded Exemption LEGAL DESCRIPTION: NNE* Section 21, T6N, R67W LAND USE: N Pasture-Open Space E Industrial-Irrigated Farmland S Unimproved Vacant Land w Residential ZONING: N Windsor LOCATION:adjacent to the S.E. part of the town E I-3 of Windsor S Windsor w Windsor COMMENTS: There presently exist a large building with smoke stack (Windsor Lumber Co. ) at the north west part of the property. The remainder of the property is unimproved vacant land and is relatively flat. There is a 60' right-of-way at the northern boundary of the property for the main line of Colorado & Southern Railroad with an extension of the railway at the southern boundary of the property. BY: g Planner I 810609 WHEELER el Better REALTY I I Hand Gardens® Wheeler Realty Company, 1321 8th Avenue,Greeley,Colorado 80631 Telephone(303)356-1331 November 5, 1981 Mr. Rod Allison Weld County Planning Commission 915 10 Greeley, CO 80631 Dear Mr. Allison: We are applying for a recorded exemption for the following reasons: 1 . Parcel A will be utilized immediately as a construction supply center, which will generate employment opportunities and a cash flow for the area. 2. Parcel B will be platted into an industrial park, after we know who the users will be. Parcel B will be platted on an as needed basis. By granting this recorded exemption, you will enable us to put Parcel A to immediate use. Very truly yours, WHEELER REALTY COMPANY 71O--e—rel Fran C. Jacoby Cooperate Secretary FJ:gm 810609 REFERRAL LIST APPLICANT: Great Northern Investments Company CASE NUMBER: RE-523 SENT REFERRALS OUT: November 12, 1981 REFERRALS TO BE RECEIVED BY November 27, 1981 CD U) z z Eno v) o z '- 0 H w o 6 U) H A z WU C2 W U U Z 0 "2 W E U . U.) Fa. CD 0 H W 0 U O W. O W O W U 2 U) P4z 0 vai W' Z / County Attorney (plat only) Al Town of Windsor XX c/o David Atolls Weld County Health Department P.O. Box 308 Windsor, Colorado 80550 Engineering Department x XX County Extension Agent Colorado Geological Survey 1313 Sherman Street Room 703 Denver, Colorado 80203 IColorado Water Conservation Board Centennial Building 1313 Sherman Street Denver, Colorado 80203 State Engineer Division of Water Resources Room 818 Denver, Colorado 80203 State Highway Department 1420 2nd Street Greeley, Colorado 80631 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 810609 yr r r. 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BOX 621 WINDSOR, COLORADO 80550 December 8 , 1981 Weld County Commissioners County of Weld State of Colorado RE: RE523 Great Northern Recorded Exemption. Gentlemen ,and Commissioners : Donald E. Sandoval , Town Administrator, has written to the Planning Services Department express- ing his concern about this exemption. While the Town of Windsor would be happy to see this property occupied by a retail lumber and supply company, such occupancy without annexation to the Town would create an unreasonable burden on the community unless the adjoining streets were improved by the county and a sewer tap was properly obtained. The Town of Windsor, at the request of the property owner, furnished a sewer main to the south boundary of the property in anticipation of annexa- tion of the property to the Town. The property to the west, owned by Great Western is served by a sewer tap obtained years ago when the sugar plant was operating. When the Great Northern property constructed an office and lumberyard on their prop- erty, east of the Great Western Sugar Company prop- erty, a sewer connection was made between the two properties, dumping sewage from Great Northern into the Great Western sewer tap. This connection was made illegally, without the consent or knowledge of the Town of Windsor. The Town of Windsor obtained knowledge of the illegal tap and advised Great Western that their services would be terminated unless the Great North- ern sewer taps situation was resolved. Since that date there have been extended conversations and promises of annexation of the property but it now appears that this matter is not yet resolved, and an illegal sewer tap exists which is being relied 810609 Page 2 upon by Great Northern to meet your requirements for an exemption. If your board approves this exemption, you should be aware of the fact that there is no present legal sewer connection provided by the Town of Windsor to the subject property. With the cooperation of the present landowners , this matter could be easily re- solved. If the property is approved for division and then sold, as anticipated, without resolution of these problems , this situation will present nothing but greater difficulty to the Town of Windsor, Great Western Sugar Company and any subsequent property owner. Unless this property is annexed to the Town of Windsor and unless proper sewer service is provided to this property by the Town, there is little benefit to be gained by the Town from this recorded exemption. Sincerely, TOWN OF WINDSOR /(. John H. Huisjen Town Attorney JHH/jel 810609 Hello