HomeMy WebLinkAbout20082630.tiff RESOLUTION
RE: APPROVE REQUEST CONCERNING EXTENSION OF TIME FOR SUBMITTAL OF FINAL
PLAN FOR CHANGE OF ZONE, PZ #1071, FOR ADLER ESTATES PUD - MEAD
CROSSINGS, 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 #2005-2855, dated October 19, 2005, the Board approved the
application of Melody Homes, Inc., dba DR Horton - The Melody Series, 11031 Sheridan
Boulevard, Suite A, Westminster, Colorado 80020, requesting a Change of Zone, PZ#1071, from
the A(Agricultural)Zone District to a PUD(Planned Unit Development)Zone District for 833 single
family residential lots, along with an elementary school site, 70.08 acres of open space, and
continued oil and gas production,for a parcel of land located on the following described real estate,
to-wit:
Part of the SW1/4 and part of the SE1/4 of
Section 33, and part of the SW1/4 of Section 34, all
in Township 3 North, Range 68 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, pursuant to Section 27-8-50 of the Weld County Code, the current owner of
the property, Mead Crossings, LLC,c/o Fred Kelley, 1200 17th Street, Suite 850, Denver, Colorado
80202, submitted a letter dated August 28, 2008, requesting the Board consider an extension of
time for filing the PUD Final Plan for the Adler Estates PUD, 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 staff from the
County Attorney's Office and the Weld County Department of Planning Services, and all of the
exhibits and evidence presented in this matter and, having been fully informed, finds that this
request shall be approved for the period of twelve (12) months.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the time for filing the Final Plan for Change of Zone, PZ#1071, for the Adler
Estates PUD, for Mead Crossings, LLC, be, and hereby is, extended for the period of twelve (12)
months.
2008-2630
PL1792
RE: EXTENSION OF TIME FOR SUBMITTAL OF FINAL PLAN (ADLER ESTATES PUD,
PZ #1071) - MEAD CROSSINGS, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 29th day of September, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
E La WELD COUNTY, COLORADO
ATTEST: �, r1-, L✓
am H. Jerke, Chair
Weld County Clerk to th ‘ ((Cr
Robert D asdPro-Tem
BY:
De y Cle to the Board h
Willi F. Garcia
AP O AS TO F
David E. Long
u ty Attorney
glas ademac r
Date of Signature: iC)k (08
2008-2630
PL1792
4411:* MEMORANDUM
whit TO: Board of County Commissioners
FROM: Chris Gathman — Planner III
COLORADO
SUBJECT: Request for Extension for Submittal of Final Plat Application
for Adler Estates PUD (PZ-1071)
PZ-1071 — Change of Zone for Adler Estates PUD, was approved by the Board of County
Commissioners on October 19, 2005. Fred Kelly, Partner— Mead Crossings, LLC, the current
owner of the property upon which the change of zone for Adler Estates PUD was approved, is
requesting a 1-year extension for the submittal of the final plat application for Adler Estates PUD
due to existing market conditions.
Section 27-8-50 of the Weld County Code states: "If a PUD final plan application is not
submitted within three (3)years of the date of the approval of the PUD Zone District, the Board
of County Commissioners shall require the landowner to appear before it and present evidence
substantiating that the PUD project has not been abandoned and that the applicant possesses
the willingness and ability to continue with the submittal of the PUD final plan. The Board of
County Commissioners may extend the date for the submittal of the PUD final plan application
and shall annually require the applicant to demonstrate that the PUD has not been abandoned.
If the Board of County Commissioners determines that conditions or statements made
supporting the original approval of the PUD Zone District have changed or that the landowner
cannot implement the PUD final plan, the Board may, at a public meeting, revoke the PUD Zone
District and order the recorded PUD Zone District reverted to the original zone district."
The Department of Planning Services is in support of the request and recommends that the final
plat submittal deadline be extended to October 19, 2009.
2008-2630
Weld County Planning Department
GREELEY OFFICE
SEP 09 ?non
RECEIVED
August 28, 2008
Mr. Kim Ogle
Senior Planner
Weld County Planning Department
1400 N. 17th Avenue
Greeley, Colorado 80631
Dear Mr. Ogle:
Pursuant to my recent phone call to you, I am writing to request a one year
extension of time from the due date for finalizing the plat on the Adler Farm near Mead.
Current market conditions do not make it possible for lots to be sold at present therefore
development will be unavoidably delayed. Thank you in advance for your consideration
of my request. I eagerly await your written response.
Sincerely,
Fred Kelly
Partner
Mead Crossings
1200 17th Street, Suite 850
Denver, Colorado 80202
(303) 572-6990
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5� Statement of Authority
(Section 38-30-172,C.R.S.)
I. This Statement of Authority Relates to an entity named
MEAD CROSSINGS,LLC
2. The type of entity is a LIMITED LIABILITY COMPANY
3. The entity is formed under the laws of COLORADO
4. The mailing address of the entity is: 1200 17TH STREET SUITE 850
DENVER,CO 80202
5. The name and position of each person authorized to execute instruments conveying,
encumbering,or otherwise affecting title to real property on behalf of the entity is:
FRED KELLY,JR. MANAGER
6. The authority of the foregoing person(s)to bind the entity is limited as follows:
NONE
7. This Statement of Authority is executed on behalf of the entity pursuant to the
provisions of S 38-30-172,C.R.S.
8. This Statement of Authority amends and supersedes in all respects any prior Statement
of Authority executed on behalf of the entity.
Executed this 4T day of APRIL ,2006 .
Name:
FRED KELLY,
STATE OF COLORADO
)ss.
COUNTY OF BOULDER
The Foregoing instrument was acknowledged before me this 4TH day of
APRIL ,2006 ,by FRED KELLY,JR. -rI�E {Y
KELI E M A"3
NOTARY PUBLIC
Witness my hand and official seal. STATE O1 COLORADO
My commission expires: M1P
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522 SPECIAL WARRANTY DEED
THIS DEED,dated April 4.2006,between FLOYD ADLER and MARIAN D.
ADLER, of the County of WELD and State of COLORADO, (collectively,
"Grantor"), and MEAD CROSSINGS, [LC, a Colorado limited liability
company,whose legal address is 1200 17th Street.Suite 850,Denver,Colorado
80202-5835 of the County of DENVER and State of COLORADO ("Grantee"):
WITNESS,that the Grantor,for and in consideration of the sum of TEN MILLION NINE-HUNDRED SEVENTY-
FIVE THOUSAND AND NO/100 DOLLARS (SI0,975,000.00), the receipt and sufficiency of which is hereby
acknowledged,has granted, bargained, sold and conveyed, and by these presents does grant,bargain,sell,convey and
confirm unto the Grantee,its heirs and assigns forever,all the real property,together with Two Hundred Forty-Five(245)
Units of Colorado Big Thompson Project water,and all improvements,if any,situate,lying and being in the County of
WELD and State of Colorado,described as follows(the"Property"):
"SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE"
TOGETHER with all and singular the hereditaments and appurtenances [hereunto 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 Grantor(s), 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
Grantee(s),its heirs and assigns forever.The Grantor,for itself,its heirs,personal representatives,successors and assigns,
does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above bargained premises in
the quiet and peaceable possession of the Grantee,its heirs and assigns,against all and every person or persons claiming
the whole or any part thereof,by,through or under the Grantor(s),subject to(i)the historical rights of third parties to
access and use the Highland Ditch Company ditch and the Gerald Bacon ditch, and appurtenant pipelines and/or
headgates located on the Property,and(ii)those matters set forth in Exhibit B attached hereto and incorporated herein by
this reference(the"Permitted Exceptions").
IN WITNESS WHEREOF,the Grantor has executed this deed on the date set forth above.
1/ -; £ (7)�
FLOP ADLE MARIAN D.ADLER
STATE OF COLORADO)
ss.
County of Boulder
The foregoing instrument was acknowledged before me this 44ft day of April,2006,by Floyd Adler and Marian D.Adler.
Witness my hand and official seal.
My commission expires: LA 30A
KELL -_ No Public �l
STATE OF L1 „Rs
rv.
SoWitliF5
Security
Title
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Exhibit A
Parcel I:
A portion of the Southeast Quarter of Section 33,Township 3 North,Range 68 West of the 6th P.M.,being more
particularly described as follows: Commencing at the Southeast corner of said Section 33;whence the East one-
quarter corner of Section 33 bears North 00°19'30"West 2651.44 feet;thence along the East line of the Southeast
Quarter of Section 33 North 001 9'30"West 412.20 feet to the Point of Beginning;
Thence leaving said East line South 47°19'34"West 231.67 feet;thence North 54°03'07"West,574.20 feet;
thence North 41°55'17"West 627.20 feet;thence North 35°57'17"West 588.20 feet;thence North 62°25'37"
West 191.60 feet;thence North 19°05'27"West 1058.25 feet to a point on the North line of the Southeast Quarter
of Section 33;thence along said North line North 89°10'08"East 1903.03 feet to the East one-quarter comer;
thence along the East line of the Southeast Quarter of Section 33 South 00°19'30"East 2239.34 feet to the Point
of Beginning,
County of Weld,
State of Colorado.
Parcel 2:
The Easterly 120 acres of the Northeast Quarter of Section 33,Township 3 North,Range 68 West of the 6th P.M.,
being more particularly described as follows:
Beginning at the Northeast Corner of the Section 33,whence the North one-quarter corner of said Section 33
bears South 89°03'55"West 2670.95 feet;thence along the East line of the Northeast Quarter of Section 33 South
00°24'50"East 2659.16 feet to the East one-quarter corner of said Section 33;thence along the South line of the
Northeast Quarter of Section 33 South 89°10'08"West 1967.09 feet;thence leaving said South line North
00°24'50"West 2655.60 feet to a point on the North line of the Northeast Quarter of Section 33;thence along
said North line North 89°03'55' East 1967.12 feet to the Northeast corner of Section 33 and the Point of
Beginning,
County of Weld,
State of Colorado.
Parcel 3:
A portion of the Southwest Quarter of Section 34,Township 3 North,Range 68 West of the 6th P.M.,
being more particularly described as follows:
Beginning at the Southwest corner of Section 34,whence the West one-quarter corner of Section 34 bears North
00°19'30"West 2651.44 feet;
thence along the West line of the Southwest Quarter of Section 34 North 00°19'30"West 2651.44 feet to said
West one-quarter corner;thence along the North line of the Southwest Quarter of Section 34 North 89°07'20"
East 1756.66 feet;thence leaving said North line South 01°04'15"East 2033.10 feet;thence South 28°18'59"
East 737.00 feet to a point on the South line of the Southwest Quarter of Section 34;thence along said South line
North 89°54'46"West 2129.00 feet to the Southwest corner of Section 34 and the Point of Beginning,
County of Weld,
State of Colorado.
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EXHIBIT B
(Permitted Exceptions)
1. Taxes and assessments for the year 2006,and subsequent years,a lien,not yet due or payable.
2.through 6.Intentionally Deleted.
Parcel 1:
7. Rights of way for County Roads 30 feet on either side of Section and Township lines,as established by the
Board of County Commissioners for Weld County,Colorado,recorded October 14,1889 in Book 86 at Page 273.
8. Reservations made by the Denver Pacific Railway Company in deed recorded July 24,1894 in Book 118 at Page
337,providing substantially as follows:Reserving unto the company and its assigns all coal that may be found underneath
surface of land herein described and the exclusive right to prospect and mine for same,also such right of way and other
grounds as may appear necessary for proper working of any coal mines that may be developed upon said premises,and
for transportation of coal from same;and any and all assignments thereof or interests therein.
9. An undivided one fourth interest in all oil,gas and other minerals as reserved by Robert H.Poage and Tola M.
Poage in Deed recorded May 25,1954 in Book 1391 at Page 532,and any and all assignments thereof or interests therein.
10. An undivided one-half interest in all oil,gas and other minerals conveyed to Bessie M. Hartman by Mineral
Deed,recorded May 1, 1972 in Book 667 at Reception No. 1588657,and any and all assignments thereof or interests
there in.
II. An Oil and Gas Lease,from Bessie M.Hartman as Lessor(s)to Amoco Production Company as Lessee(s)dated
April 30, 1972,recorded July 6, 1972 in Book 671 at Reception No. 1593040,and any and all assignments thereof or
interests therein.
12. An Oil and Gas Lease,from Paul W.Newby and Nellie G.Newby as Lessor(s)to Amoco Production Company
as Lessee(s)dated March 18, 1975, recorded April 8, 1975 in Book 736 at Reception No. 1657681, and any and all
assignments thereof or interests therein.
13. An easement for a pipe line and incidental purposes granted to Panhandle Eastern Pipe Line Company by the
instrument recorded December 2,1975 in Book 754 at Reception No.1675870.
14. An easement for a pipe line and incidental purposes granted to Panhandle Eastern Pipe Line Company by the
instrument recorded July II,1980 in Book 908 at Reception No.1829880.
15. Notice concerning underground facilities of United Power,Inc.,formerly Union Rural Electric Association,Inc.,
recorded January 24,1991 in Book 1288 at Reception No.2239296
16. Notice of Oil and Gas Interests and Surface Use recorded December 12,2000 at Reception No.2812815.
17. An easement for a water pipeline and incidental purposes granted to Longs Peak Water District by the instrument
recorded October 2,2001 at Reception No.2888264.
18. Request For Notification of Surface Development recorded May 28,2002 at Reception No.2954747.
19. Terms,conditions,provisions,agreements and obligations specified under the Non-Exclusive Utility Easement
Agreement by and between Floyd Adler and Marian D.Adler and St.Vrain Sanitation District recorded January 25,2006
at Reception No.3357798.
Parcel 2:
20. Rights of way for County Roads 30 feet on either side of Section and Township lines,established by the Board
of County Commissioners for Weld County,Colorado,recorded October 14,1889 in Book 86 at Page 273.
21. Mineral reservations as set forth in the Patent from the United States of America to the Union Pacific Railway
Company recorded April 28,1892 in Book 106 at Page 291,as follows:
Excluding and excepting from the transfer by these presents"All Mineral Lands"should any such be found to
exist in the tracts described in the foregoing,but this exclusion and exception,according to the terms of the
Statute,"shall not be construed to include coal and iron land."
22. Terms,conditions,provisions,agreements and obligations specified under the Agreement by and between Floyd
and Marian Adler and Dale and Nancy Slater,et al recorded May 10, 1966 in Book 567 at Reception No. 1488754 and
recorded January 4,1972 in Book 659 at Reception No.1581364.
23. An Oil and Gas Lease,from Floyd Adler and Marian D.Adler as Lessor(s)to T.S.Pace as Lessee(s)dated May
I, 1970,recorded May 27, 1970 in Book 626 at Reception No. 1548174,and any and all assignments thereof or interests
therein. JJJ F.-)! 0,
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24. An Oil and D. er ssor(s)to Amoco Production Lessee(s) dated July 31, 174, recorded om yA gd usty 16, 1974 in Book 1721s at ReceptionNo. 1642895, and Company
and all
assignments thereof or interests therein.
25. An easement for a pipeline and incidental purposes granted to Panhandle Eastern Pipe Line Company by the
instrument recorded July II,1980 in Book 908 at Reception No.1829880.
26. An easement for a pipeline and incidental purposes granted to Panhandle Eastern Pipe Line Company by the
instrument recorded October 12,1982 in Book 979 at Reception No.1906195.
27. Notice concerning underground facilities of United Power,Inc.,formerly Union Rural Electric Association,Inc.,
recorded January 24,1991 in Book 1288 at Reception No.2239296.
28. An easement for a water pipeline and incidental purposes granted to Longs Peak Water District by the instrument
recorded October 2,2001 at Reception No.2888264.
29. Notice of Oil and Gas Interests and Surface Use recorded December 12,2000 at Reception No.2812815.
30. The following items as disclosed by ALTA Survey No.10-0068-061.00,dated April 15,2004,prepared by Tetra
Tech RMC:
a.Concrete Ditch.
b.Corregated metal pipes,gate and water tank.
c.Existing gravel road,separator unit,tanks and gas well.
d.Power poles and overhead electric lines.
31. Terms, conditions, provisions, agreements and obligations specified under the Non-Exclusive Utility Easement
Agreement by and between Floyd Adler and Marian D.Adler and St.Vrain Sanitation District recorded January 25,2006 at
Reception No.3357798.
Parcel3:
32. Rights of way for County Roads 30 feet on either side of Section and Township lines, as established by the
Board of County Commissioners for Weld County,Colorado,recorded October 14,1889 in Book 86 at Page 273.
33. The right of proprietor of a vein or lode to extract or remove his ore should the same be found to penetrate or
intersect the premises thereby granted as reserved in United States patent recorded November 6,1884 in Book 34 at Page
199;and any and all assignments thereof or interest therein.
34. The right of proprietor of a vein or lode to extract or remove his ore should the same be found to penetrate or
intersect the premises thereby granted as reserved in United States patent recorded November 6,1884 in Book 34 at Page
200;and any and all assignments thereof or interest therein.
35. An easement or right of way for a lateral irrigation ditch created by the instrument recorded March 2, 1891 in
Book 97 at Page 400.
36. An Oil and Gas Lease,from Floyd Adler and Marian D.Adler as Lessor(s)to T.S.Pace as Lessee(s)dated May
I, 1970,recorded May 27,1970 in Book 626 at Reception No. 1548174,and any and all assignments thereof or interests
therein.
•
37. An Oil and Gas Lease,from Floyd Adler and Marian D.Adler as Lessor(s)to Amoco Production Company as
Lessee(s) dated July 31, 1974, recorded August 16, 1974 in Book 721 at Reception No. 1642895, and any and all
assignments thereof or interests therein.
38. An easement for a pipe line and incidental purposes granted to Panhandle Eastern Pipe Line Company by the
instrument recorded May 21,1975 in Book 739 at Reception No.1660906.
39. An easement for a pipeline and incidental purposes granted to Panhandle Eastern Pipe Line Company by the
instrument recorded December 2,1975 in Book 754 at Reception No.1675870.
40. Notice concerning underground facilities of United Power,Inc.,formerly Union Rural Electric Association,Inc.,
recorded January 24,1991 in Book 1288 at Reception No.2239296.
41. Notice of Oil and Gas Interests and Surface Use recorded December 12,2000 at Reception No.2812811.
42. The following items as disclosed by ALTA Survey No. 10-0068-061.00,dated Aprill5,2004,prepared by Tetra
Tech RMC:
a.Concrete ditch.
b.Existing ditch.
c.Corregated metal pipe,gate and water vault.
d.Existing gravel road,separator unit,tanks and gas well.
43. Terms, conditions, provisions, agreements and obligations specified under the Non-Exclusive Utility Easement
Agreement by and between Floyd Adler and Marian D.Adler and Si Vrain Sanitation District recorded January 25,2006 at
Reception No.3357798. FIE
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44. MI items as set forth on Adler Estates P.U.D.Change of Zone Plat,recorded January 26,2006 at Reception No.
3357813. (Parcels 1,2 and 3).
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