HomeMy WebLinkAbout800801.tiff 903
Recorded a: Y 2 1 1980
Rec. No. 1825451 1 -�u.�.a.. u�.
RESOLUTION .7-, "fre
State of Colorado, Weld County Clerk & Recorder
RE: APPROVAL OF SUBDIVISION EXEMPTION NO. 111 - UNION PACIFIC
RAILROAD COMPANY.
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
0
affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners of Weld County,
c.z
Colorado has reviewed the request of the Union Pacific Railroad
Company for an exemption from the definitions of "subdivision"
and "subdivided land" in Section 30-28-101 (10) , CRS 1973, as
amended, and Section 2-1 of the Weld County Subdivision Regula-
N
tions, and
WHEREAS, the Board of County Commissioners finds that the
Union Pacific Railroad Company is the owner of a certain parcel
of land locted in Part of the Northwest Quarter of Section 6,
Township 4 North, Range 64 West of the 6th P.M. , Weld County,
Colorado, being more particularly described as follows :
A parcel of land situate in Lot 2 of the
Minor Subdivision No. 4 in the Northwest
Quarter of Section 6, Township 4 North,
Range 64 West of the Sixth Principal Meri-
dian in Weld County, Colorado, more particu-
larly described as follows:
Commencing at the Southwest Corner of said
Lot 2, which is coincident with the West
Quarter corner of said Section 6;
Thence North 00°00 ' 00" East along the West
line of said Lot 2 , a distance of 869. 88
feet, to the Northwest corner of that
certain parcel land conveyed by Earl Platt
and Maude Platt to Central Weld County
Water District by Deed dated September 22 ,
1966, recorded October 3, 1966, Reception
No. 1495631 in Book 574 in the Weld County
Records, and the True Point of Beginning;
Thence North 90°00 ' 00" East along the North
line of said deeded parcel of land and the
extension thereof, a distance of 290 . 0 feet;
Thence North 00°00 ' 00" East, a distance of
200. 0 feet;
Thence North 90°00' 00" West, a distance of
290. 0 feet to a point in said West line of
Lot 2 ;
Thence South 00°00 ' 00" East along said West
line, a distance of 200. 0 feet to the True
Point of Beginning .
Containing an area of 1. 33 acres , more or less.
Subject to the right of the public in and to
all county roads.
a-r y 800801
-Op4, - 1825451
• *903 y z
The proposed site is to be used as a VHF radio tower site to
provide radio communications for railroad personnel. The pro-
perty will not be used for residential purposes.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the abovedescribed par-
cel be, and hereby is, 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.
BE IT FURTHER RESOLVED by the Board that the parcel of land
described above be, and hereby is, considered to be a single lot.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 14th day of
May, A.D. , 1980.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
(Aye)
C. W. Kirby, Chairman
ce• (Aye)
Leonard L. Roe, Pro-Tem
as.44.0.� (Aye)
Norman Carlson /�
L vi,,.,� 4- m .t�ia��ef� (Aye)
'Du�nbar
,K/L 7//Aye)
AhR"EST: Thaiu:`j N`^"- Q�^� �'��N ne K. Steinmark
Weld County Clerk and Recorder
and Clerk' to the- card
By;
( eputy Cou " y Cler
AP�RO AS TO FORM:
County Attorney
DATE PRESENTED: MAY 19 , 1980
QSUBDIVISION EXEMPTION
FLOW SHEET
a 1Q
County Commissioners 1r Meeting Date: /MQI 1`1' ` 1t
Applicant: V��10f��AC�`t`�1v,WO"
lQ, - /`Case e� #: �AS�E�1,\
Legal Description: 1).V. O" L `c 1741\ 1 '"1p4•A
Location: 5 yr.'\ec @0.b LASA��Cas
DatE 1 g_
MAR 19 19110
Application Received
MAR 19 189
Application Complete /t
MAR 21 1980 �,vt�
Letter to Applicant Drafted /�
OAR 21 1980 Il`.d
SE# Assigned
Air Photo Map Prepared `111QRCh
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Chaindexed ;1S—go dA)
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Applicant Notified
�r/n5-�
Legal Approved by County Attorney D CO. ce
APR 119129 0.0t.„•9field Check by D.P.S. Staff nn --
By 91920 1i0-�
D.P.S. Recommendation Drafted r,a�
MY 91999
D.P.S. Recommendation Typed
Packets Xeroxed 7
History Card - Completed
TO: Board of County Commissioners Date May 14, 1980
Subdivision Exemption # 111
Applicant Union Pacific Railroad Company
Legal Description of Property: Pt. WW1/4 Section 6, T4N, R64W
of the 6th p.m. , Weld County, Colorado.
Location of Property: 5 miles east of LaSalle
The owners of the property described above have requested an exemption from
Section 2-1 of the Weld County Subdivision Regulations adopted August 30, 1972.
The Department of Planning Services staff has reviewed this request and
recommends that the request be approved for the followings reasons:
DOES DOES lio '
X Fall in flood plain or a geologic hazard area
X Agree with the Weld County Comprehensive Plan
X Create new parcels elgible for residential building
permits
X Agree with surrounding land uses
COMMENTS:
The prosposed site is to be used as a VHF radio tower site to provide radio
communications for railroad personnel . P. six foot by eight foot building and
a one hundred foot tower are located on the property. The property will not
be used for residential purposes .
o \ v `
Assistant Zoning Administra o
804-80-040
J . re% �-.
- -N
APPLICATION FOR SUBDIVISION EXEMPTION
PHONE : 356-4000 Ext . 404 •
Department of Planning Services , 915 10th Street , Greeley, Colorado
FOR PLANNING DEPARTMENT USE ONLY:CASE NO. SE' M `` APPL. FEE t �A JV.OO
ZONING DISTRICT A Y\C\AI YIAYA` RECEIPT NO. 1W44 �
DATE MAR 21 1980 0 APPL. CHECKED BY 1.O.C.
TO BE COMPLETED BY APPLICANT: (Print or type only except for requited
signatures) :
I (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: Nt,,,1 /4 (part) Section 6 T 4 N, R 64 W
See Exhibit "A" description 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 : Lalovee Glendale Cobb & Marta C. Cobb (Fee Owner) -
Address: 23600 Weld County Rd. #49 - Lasalle . coPhone 284-6221
Name: Union Pacific Railroad (Easement Interest)
Address: 1416 Dodge St . - Omaha, NE Phone 402-271-3329
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.
COUNTY OF WELD )
STATE OF COLORADO) \-- /Z:"/ 7b /-
General Manaoer - Union Pacific Railroad
,.� Company
• Subscribed and sworn to before me this o29 - day of / 19 .
•
SEAL
XNERALNOTARrtated
6ENEATUNBIJ1 Notary Public
Mfil /f/2-
My Con issron expires : .
•
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EXHIBIT A
C.D. No. 30628-11
A parcel of land situate in Lot 2 of the Minor '
Subdivision No. 4 in the NW1/4 of Section 6 , Township 4 di(
North, Range 64 West of the Sixth Principal Meridian in Weld
County, Colorado, more particularly described as follows : (
9� /
Commencing at the southwest corner of said Lot 2,
which is coincident with the west quarter corner of said 7
• Section 6;
•
thence N. 00°00' 00" E. along the west line of said
Lot 2, a distance of 869. 88 feet, to the northwest corner of
that certain parcel land conveyed by Earl Platt and Maude
Platt to Central Weld County Water District by Deed dated
September 22, 1966, recorded October 3, 1966 , Reception No.
1495631 in Book 574 in the Weld County Records, and the True
• Point of Beginning;
thence N. 90°00' 00"E along the north line of said
deeded parcel of land and the extension thereof, a distance
• of 290.0 feet;
thence N. 00°00' 00"E. , a distance of 200. 0 feet;
thence N. 90°00' 00"W. , a distance of 290.0 feet to
a point in said west line of Lot 2;
thence S. 00°00' 00"E. along said west line, a
distance of 200. 0 feet to the True Point of Beginning.
Containing an area of 1. 33 acres, more or less.
Subject to the right of the public in and to all
county roads.
.4't
ORIGINAL
L'1;. .G1.
DEED
C.D. No. 30628-11
THIS DEED, made as of the . 7/ day of
°SC I-nal/Le , 19 7Q , between LALOVEE
GLENDALE COBB and MARTA C. COBB, husband and wife, of LaSalle,
Colorado, Grantors, and UNION PACIFIC RAILROAD COMPANY, a
corporation of the State of Utah, Grantee:
WITNESSETH, that the said Grantor, for and in
consideration of the sum of three thousand dollars ($3, 000. 00)
to them paid by the said Grantee, the receipt whereof is hereby
confessed and acknowledged, have granted, bargained, sold and
conveyed, and by these presents do grant, bargain, sell and
convey unto the said Grantee, and unto its successors and
assigns, a PERPETUAL EASEMENT for the
(a) construction, operation, maintenance, repair,
renewal and reconstruction of an electric power
pole and wire line with necessary appurtenances
thereto;
(b) construction, operation, maintenance, repair,
renewal and reconstruction of a radio communi-
cations station with necessary appurtenances,
together with the right of exclusive possession
of a sub-area measuring twenty (20) feet in width
by twenty-five (25) feet in length within such
easement area; and
(c) construction, use, maintenance, repair, renewal
and reconstruction of an access roadway;
upon a parcel of land situate in the County of Weld, State of
Colorado, described in Exhibit A, hereto attached and hereby
made a part hereof; together with the right of ingress and
egress to and from said land for the purpose of exercising
the rights herein granted.
This deed is made SUBJECT to all taxes which shall
be levied upon or assessed against such improvements as the
Grantee shall construct or install upon the premises described
in said Exhibit A, all of which taxes the Grantee shall assume
and agree to pay.
1
ve
•
This deed is further made SUBJECT to the following:
1) Right-of-way for county roads 30 feet wide on
either side of section and township lines , as
established by Order of the Board of County
Commissioners for Weld County, recorded
October 14 , 1889 in Book 86 at Page 273.
2. Right-of-way for ditches or canals constructed
by the authority of the United States , as
reserved in United States Patent recorded
January 14 , 1916 in Book 418 at Page 277.
3. All coal in the subject property and the right
to prospect for, mine and remove coal from the
same upon compliance with the conditions and
subject to the limitations of the Act of
June 22, 1910 (36 Stat. , 583) as reserved by
the United States of America in United States
Patent recorded January 14, 1916 in Book 418
at Page 277 .
4. Right-of-way for a public highway over and across
• the Westerly forty feet of the subject property,
as conveyed to Weld County, Colorado, by Right-of-Way
Deed recorded June 7, 1939 in Book 1046 at Page 25.
5. The right to enter upon the subject property to
place, construct operate, repair, maintain, relocate
and replace an electric transmission line or dis-
tribution line upon all streets, roads or highways
abutting said lands, and to cut and trim trees and
shrubbery to the extent necessary to keep them
clear of said electric line or system and to cut
down from time to time all dead, weak, leaning or
dangerous trees that are tall enough to strike the
wires in falling, as conveyed to the Poudre Valley
Electric Association, Inc. , by Right-of-Way Easement
recorded November 6 , 1972 in Book 679 as Reception
No. 1610210 .
TO HAVE AND TO HOLD the above-mentioned easement
unto the said Grantee, and to its successors and assigns forever,
and the said Grantors , for themselves and their heirs and
assigns, do covenant with the said Grantee, and with its
successors and assigns, that they are lawfully seized of said
2
fi
•
•
premises in fee simple; that said premises are free from
encumbrances except as aforesaid; that they have good right
and lawful authority to sell the same ; and that they will,
and their heirs and assigns shall, warrant and defend said
easement unto the said Grantee, and its successors and assigns
forever, against the lawful claims of all persons whomsoever,
except as aforesaid.
IN WITNESS WHEREOF, said Granto have hereunto
set their hands this / day of —fez-WS-et-
194
In Presence of:
(L lovee Glendale Cobb)
• 9Frtalx/i/12 L.Cobb)
•
3 def-
•
eN
STATE OF COLORADO )
) SS.
COUNTY OF WELD
7
I, J„ L✓ , a Notary
Public in and For said County in the State aforesaid, do
hereby certify that LALOVEE GLENDALE COBB and MARTA C. COBB,
who are personally known to me to be the same persons whose
names are subscribed to the foregoing instrument, appeared
before me this day in person and acknowledged that they signed
the said instrument of writing as their free and voluntary
act, for the uses and purposes therein set forth.
Given under my hand and notarial seal this
/07,m, day of
A. D. 19 1g
My commission expires My Cnmrn's;on expires Solt. fl, 1983
�- � &&or-
Notary Public
(Seal)
`f
• A. EXHIBIT A
C.D. No. 30628-11
A parcel of land situate in Lot 2 of the Minor •
Subdivision No. 4 in the NW1/4 of Section 6 , Township 4
North, Range 64 West of the Sixth Principal Meridian in Weld
County, Colorado, more particularly described as follows:
Commencing at the southwest corner of said Lot 2,
• which is coincident with the west quarter corner of said
• Section 6;
thence N. 00°00' 00" E. along the west line of said
Lot 2, a distance of 869. 88 feet, to the northwest corner of
that certain parcel land conveyed by Earl Platt and Maude
Platt to Central Weld County Water District by Deed dated
September 22, 1966, recorded October 3, 1966, Reception No.
1495631 in Book 574 in the Weld County Records, and the True
Point of Beginning;
thence N. 90°00' 00"E along the north line of said
deeded parcel of land and the extension thereof, a distance
of 290.0 feet;
thence N. 00°00' 00"E. , a distance of 200. 0 feet;
thence N. 90°00' 00"W. , a distance of 290.0 feet to
a point in said west line of Lot 2;
thence S. 00°00' 00"E. along said west line , a
distance of 200. 0 feet to the True Point of Beginning.
Containing an area of 1. 33 acres, more or less.
Subject to the right of the public in and to all
county roads.
M
•
EXHIBIT "C"
STATiT TO ACCOMPANY APPLICATION
FOR
CONDITIONAL USE PERMIT
Per items (1) (e), (1) (f), (1) (g) and (1)(h) of Procedural
Guide for Conditional Use Permit Application, the following is submitted:
(1)(h) Improvements on this site are intended to provide radio
communications for use of Railroad dispatcher, super-
visory and maintenance personnel to provide for safe and
efficient operation of trains within the range of radio
transmitters to be installed at this site. This location
was chosen because of its accessibility, proximity to
available power and telephone service, and its elevation
which will provide the radio coverage needed on the
Railroad between LaSalle and Union, Colorado. There will
be nothing in the operation of this site that will produce
air or water pollution, odor, noise, glare, fire or other
safety hazards. No traffic congestion should result, as
this site will only be visited approximately once per
month by maintenance personnel.
(1)(f) There will be no sanitary facilities installed at this
site.
(1)(g) There will be no water supply at this site.
(1)(h) The roadway from the county highway to the building will
not require any maintenance by the County.
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FIELD CHECK
FILING NUMBER: SE-111 DATE OF INSPECTION: April 1, 1980
NAME: Union Pacific Railroad Co.
REQUEST: Subdivision Exemption
LEGAL DESCRIPTION: Pt. NWT, Section 6, T4N, R64W.
LAND USE: N Agricultural
E Agricultural
S Agricultural
W Agricultural _
ZONING: N Agricultural
LOCATION: 5 miles East of La Salle E Agricultural
S Agricultural
w Agricultural
COMMENTS :
Tower facility is already in place, but not in operation. Parcel is two acres in
Access is existing to County Road 49. County Road 49 is paved. Closest house appears to
be 500 feet, more or less, to the Southeast.
There is also a water storage tank located to the South. Appears to be highest
ground around for location of radio tower. Another house located 800 feet, more or less,
to the Northwest.
BY:
CC:rg
4-3-80 i'1*
DEPARTMENT OF PLANNING SERVICES
PHONE (303)356-4000 EXT.4041
915 10TH STREET
GREELEY,COLORADO 80631
® CASE NUMBER SE-111
.J ,
COLORADO
REFERRAL
TO WHOM IT MAY CONCERN:
Enclosed is an application from Union Pacific Railroad Company
for a subdivision exemption
The parcel of land is described as Pt . NW4, Sec. 6, T4N, R64W
The location of the parcel of land for which this application has been
submitted is 5 miles east of LaSalle
This application is submitted to your office for review and recommenda-
tions. Any comments or recommendations you consider relevant to this
request would be appreciated. Your prompt reply will help to facili-
tate the processing of the proposal and will ensure prompt considera-
tion of your recommendations. If a response from your office is not
received within 21 days of mailing from our office, it may be in-
terpreted to mean approval by your office. If you are unable to
respond within 21 days (but wish to do so at a later date) please
notify our office to that effect.
Check the appropriate boxes below and return to our address listed
above. Please reply by May 7 , 1980 so that we may give
full consideration to your recommendation. Thank you very much for
your help and cooperation in this matter.
1. We have reviewed the proposal and find no conflicts with our
interests.
2. A formal recommendation is under consideration and will be
submitted to you prior "to
3 . Please refer to the enclosed letter.
Signed Agency Date es\aee.,4Assistant Zoning A•mini r for
CIS
DEPARTMENT OF PLANNING SERVICES
PHONE (303)3564000 EXT.404
915 10TH STREET
( GREELEY,COLORADO 80631
{
5,• '4 O •
COLORADO
March 25, 1980
Mr. H. M. Robertson, Director-Communications
Union Pacific Railroad Company
1416 Dodge Street
Omaha, Nebraska 68179
RE: Request for a subdivision exemption on a parcel of land
described as Pt. NWI, Sec. 6, T4N, R64W of the 6th PM,
Weld County., Colorado
Dear Mr. Robertson:
Your application and related materials for the request described
above are complete' and in order at the present time. ' I have
scheduled a meeting with the Board of County Commissioners for
Wednesday, May 14, 1980, at approximately 9: 30 a.m. This meeting
will take place in the County Commissioners' Hearing Room, first
floor, Weld County Centennial Center, 915 10th Street, Greeley,
Colorado. - It is recommended that you and/or a respresentative be
in attendance to answer any questions the Board might have with
respect to your application.
If you have any questions concerning this matter, please feel free
to' contact our office.
Respectfully,
rt
Chuck Cunliffe
Assistant 'Zoning Administrator•
CAC:dr
cc: G. F. Howard
Assistant Manager - Communications Facilities
1735 19th Street
Denver, CO 80202
P117250085 .
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED-
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'(See Reverse)- -
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P.O.,STATEAND ZIP CODE -
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TOTAL POSTAGEAND FEES $ Add your address in the"RETURN TO"space an
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g o -,-.. Si 1.The following service is requested(check one).O.
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Show to whor,date,and address of delivery.$-
(CONSULT POSTMASTER FOR-FEES)
2.ARTICLE ADDRESSED TO: (
/Ar,H,on•gob nr{sce,'J'r(a'eCT'Or`.COMM un:oo,F.'K,,,sm
U-Int Dr, Pacific Rs,/rood <3a.
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Z 3.ARTICLE DESCRIPTION: m
s 'REGISTERED NO. CERTIFIED NO. I INSURED NO.
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*GPO.1978-273-3.
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