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HomeMy WebLinkAbout830744.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 631 - PLATTE VALLEY INVEST- MENT 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 affairs of Weld County, Colorado, and WHEREAS, it has been determined by the Board of County Com- missioners at a public meeting held in the Chambers of the Board, that the division into two parcels of land, as shown on the plat known as Recorded Exemption No. 631 , being the property of Platte Valley Investment Company, described as part of the Northwest a, Southwest a, Section 36 , Township 6 North, Range 66 West of the 6th P.M. , Weld County, Colorado, being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A" , said plat to be recorded, 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. WHEREAS, this request is to divide the property into parcels of . 64 acres and . 56 acres, more or less, in order to correct an illegal land split which occurred when the eastern portion of the property was purchased by Platte Valley Investment Company. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the hereinabove described parcel of land owned by Platte Valley Investment Company be, and hereby is, exempt from the definition of the terms, "subdivision" and "subdivided land" . BE IT FURTHER RESOLVED that this approval is conditional upon the applicant submitting a mylar plat to the Department of Planning Services Office to be recorded in the office of the Clerk and Recorder. The plat shall be drawn in accordance with the requirements of Section 9-2 C. (4) of the Weld County Sub- division Regulations. The plat shall be submitted within ninety (90) days from the date of approval by the Board. 8 30 744 /t_� Lam. ' ., ,� _, Page 2 RE: RE #631 - PLATTE VALLEY INVESTEMENT COMPANY The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of August, A.D. , 1983. �i i7 '-j 4- - BOARD OF COUNTY COMMISSIONERS ATTEST: / ' 10.41 6 ,0., i cL L' ✓' 'utr+' WELD COUNTY, COLORADO Weld County Clerk and Recorder 1 ,t . and Clerk to the Board Chuck Carlson, Chairman 7 -\ �s� �A LPG , v p� - -17- .2�4 putt' County C4 roc hn T. Martin, Pro-Tem APPROVE S TO FORM: nit- Gene R. Bran ner, Al), 'liZ7)County Attorney Norman Carlson \ cqu ' ne Jaxison DAY FILE: September 7 , 1983 DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 916 10TH STREET GREELEY,COLORADO 80631 WIID €. COLORADO F ° A "` 1 August 29, 1983 (s,` ref' Board of County Commissioners Weld County Centennial Center 915 10th Street Greeley, Colorado 80631 r Re: Recorded Exemption 631 Dear Commissioners: The attached application, plat and related items are in reference to a request from Platte Valley Investment Company for a recorded exemption. The parcel of land on which this request is being made is described as part of the Northwest 1/4, Southwest 1/4, Section 36, Township 6 North, Range 66 West of the 6th P.M. , Weld County, Colorado. The property is located just north of Greeley, east of 35th Avenue and north of "F" Street. The property contains approximately 1.2 acres of Class VIw nonirrigated soils. The request is to divide the property into parcels of .64 acres and .56 acres, more or less. This action is to correct an illegal land split that occurred when the seller sold the eastern portion of the property to Platte Valley Investment Co. and had the western portion purchased by Mr. Swanson and Mr. Nightengale. Based upon the submitted information and policies of the County, the Department of Planning Services staff recommends the request be approved for the following reasons: 1. The request complies with Section 9-2 C. of the Weld County Subdivision Regulations submission requirements. 2. The request complies with Section 9-2 E. of the Subdivision Regulations as follows: Board of County Commissioners Page 2 August 29, 1983 - The 1.2 acres, more or less, under consideration will be compatible with surrounding land uses and future development of the area. - The proposal is consistent with the intent of the district in which the use is located. - The proposal was reviewed by the City of Greeley and was found to comply with their long-range Comprehensive Plan. - The proposal is in compliance with Section 1-3 of the Weld County Subdivision Regulations and the proposed land division complies with the Weld County Comprehensive Plan; therefore, the proposed use is consistent with efficient and orderly development. - The proposal does not exist in an overlay district area. - The proposed lots meet minimum lot size requirements for land division. The City of Greeley presently provides both water and sewer service. - The proposed lots are not part of a recorded exemption within the last five (5) years. - The two lots proposed will have adequate access from "F" Street. The Department of Planning Services Staff's recommendation for approval is conditional upon the following: 1. The applicant submitting a mylar plat to the Department of Planning Services' office to be recorded in the office of the Clerk and Recorder. The plat shall be drawn in accordance with the requirements of Section 9-2 C. (4) of the Weld County Subdivision Regulations. The plat shall be submitted within 90 days from the date of approval by the Board. Respectfully submitted, f2TCa � ames R. Mayer Current Planner JRM:dg j 2. The recorded plat shall show a reservation of an additional twenty (20) feet of right of way north of the centerline of "F" Street. The total right of way north of "F" Street shall be fifty (50) feet as requested by the Greeley Planning Commission in a letter dated August 26, 1983. 3. The proposed Lot A and Lot B shall have one common access easement as requested by the Greeley Planning Commission in a letter dated August 26, 1983. The common access easement shall be shown on the recorded plat. FIELD CHECK FILING NUMBER: RE 631 DATE OF INSPECTION: _ 8-26-83 NAME: Platte Valley Investment Company, Stan Nightengale & Charles Swanson REQUEST: Recorded Exemption on C-3 Commercial Property LEGAL DESCRIPTION: NW4, SW4, Section 36, Township 6 North, Range 66 West LAND USE: N Colorado & Southern_.Railroad, pasture E Junction of C & S Railroad & "F" Street, Pasture S "F" Street, pasture (prairie dog town) W 35th Avenue, residence, pasture to Southwest ZONING: N Agricultural LOCATION: North of Greeley City limits, E Agricultural East of 35th Avenue and North of "F" S Agricultural Street W Agricultural COMMENTS: Subject site is the North 35th Avenue Business Park. The parcel is 1.2 acres and is triangular in shape. Access is to "F" Street, a paved road. Currently, there is no curb and gutter to direct access to the site. Two metal buildings are located on the parcel with the western portion of the site partially paved. BY: 4?c` .QaS .IN� Michael S. Mullen, Current Planner APPLICATION FOR RECORDED EXEMPTION PHONE : 356-4000 Ext . 400 Department of Planning Services , 915 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : �} APPL . FEE C15,00 CASE NO . RE-03 RECORDING FEE ZONING DISTRICT C-3 Mno_rcta I RECEIPT NO . QZg42. DATE Ott S vits APPL . CHECKED BY ( 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 : That part of the Northwest Quarter of the Southwest Quarter (NW1/4SW1/4) of Section Thirty-six (36) , Township Six (6) North, Range Sixty-six (66) West of the Sixth Principal Meridian, County of Weld, State of Colorado, lying South of the Colorado & Southern Railroad right of way. TOTAL ACREAGE : 1 .2 Has this property been divided from or had divided from it any other property since August 30, 1972? Yes x _ No FEE OWNERS OF PROPERTY : Name: Stanley A. Nightengale Address : 8455 F Street Phone : 352-1756 Name : Charles M. Swanson Address : 3455 F Street Phone : 352-1756 Name : Plafta Valley Investment Co. Tom Cowan & W.E. Speetzen Address : Pe•ilaX 3i» eafp&eyf ee_ Sods Phone : 3S3 - QSg WATER SOURCE: past 9 a w Parcel Weller l:ar- Parcel East Well TYPE OF SEWER : 6a-r' 4, Parcel Wes City �-i4,e-= Parcel r;ty t PROPOSED USE : a Parcel4g4444.64= Wes Cnl d storage �+t'+a` 4 e-t- Parcel Commercial ACREAGE : as Parcel West • 6 14 1•4.e-r- Parcel ,s-4. EXISTING DWELLINGS : ( Yes or No ) YeG (Yes or No) vPs 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 t b- st of my knowledge . COUNTY OF WE LD ) STATE OF COLORADO ) Charles M. ans. tan"l " Signature : wne r A I horized Agent Platte Subscribed and sworn to before me thisley vest o C•. 193 a5 d a y of (SEAL ) fa-Fy—Public I •� - AUG 5 1983 77, 1987 My tTpmmission expires : Weld to. Planaiat totauission R-ECDRLED EXEMPTIJN ND. 0805-36- 3 -RE-631' SHEET 2 OF 2 .a 4sse li Jr _. .' 4�' , s ` 1.-Dr`llKh'I, i1^ -1 l; 0 . ) ,, 1'4 ll �// 7 G Rqs ±iii _ _ - .4671, ' - - - .z�-= \\ 7 . •„,_ a' 50' 100' 150' 20 e 44.„, Sp ri op Scale I 1 ". I00' • Plns bound � —'\ W �° �.h • - Pins set LOCATION MAP SCALE' 1"•2000' Wee/ OUo r ler Corner, gee. 36, 776 R 66 A/. W • 01 . N N O \9 Oo 1 •j c m 22 ? 26 S4' B C . � 3d LofA 3 aE 4° 745 $ 3/, 5923F It�40 G 57. I� �Cr �� �nc/udes 7,234 •J 6.3 2 , y ' N v��1 3.F :n 4acffic{I h iv Lott 8 sieG 6 y` O 9 eoeZ,enf O OI tine b8i �9 \h 27, 882 SF °b • M Q r° �, t /82. 73' Cq 454.37' n° 0� \ o J✓-i�SS S89 ' 44 ' 54 " W X37 /O' • In one. "Thus Poin# of Co o �° •F.. Sfree# Fey/nnin9 m Iso' 3°' [ • McRAE & SHORT, INC. 1227-6th Avenue oleetey, Colorado 60631 82 /37 NO RECOI .DED EXEMP ION NO. O8O5 - 36- 3 -RE 631 DATE : AUGUST 9, 1983 SHEET 1 OF 2 OWNNERS : PLATTE -VALLEY INVESTMENT COMPANY, INC. AND STANLEY A. NIGHTENGALE & CHARLES M. SWANSON C/O WILLIAM E. SPEETZEN 35295 WELD COUNTY ROAD 41 1357 - 43rd AVENUE EATON , CO. 0651 GREELEY, CO. 80634 LEGAL DESCRIPTION _ -Q. dirla g•3 A PARCEL OF LAND SOUTH OF THE COLORADO AND SOUTHERN RAILROAD RIGHT-OF-WAY AND NORTH OF " F" STREET, LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6th P.M. , WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 36 AND CONSIDERING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 36 TO BEAR SOUTH 00° 02' 49" EAST WITH ALL OTHER BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE SOUTH 00° 02' 49" EAST, 1066.62 FEET TO THE CENTERLINE OF COLORADO AND SOUTHERN RAILROAD; THENCE SOUTH 73° 54' 08" EAST, 708.97 FEET ALONG THE CENTERLINE OF SAID RAILROAD; THENCE SOUTH 16° 05' 52" WEST, 50.00 FEET TO A POINT BEING THE INTERSECTION OF THE SOUTH- ERLY RIGHT-OF-WAY OF COLORADO AND SOUTHERN RAILROAD WITH THE NORTH RIGHT-OF-WAY OF "F" STREET, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 89 44' 54" WEST, 637. 10 FEET, PARALLEL WITH AND 30 FEET NORTH OF THE CENTER- LINE OF "f" STREET TO A POINT 30 FEET EAST OF THE WEST LINE OF SAID SOUTHWEST QUARTER; THENCE NORTH 00° 02' 49" WEST, 186.71 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID COLORADO AND SOUTHERN RAILROAD; THENCE SOUTH 73° 54' 08" EAST, 663.26 FEET TO THE TRUE POINT OF BEGINNING; SAID TRACT OF LAND CONTAINS 59474 SQUARE FEET, MORE OR LESS. OWNERS CERTIFICATE PLATTE VALLEY INVESTMENT COMPANY, INC. AND STANLEY A. NIGHTENGALE AND CHARLES M. SWANSON BEING THE SOLE OWNERS IN FEE OF THE ABOVE PROPERTY DO HEREBY SUBDIVIDE THE SAME AS SHOWN ON THE ATTACHED MAP. PLATTE VALLEY INVESTMENT COMPANY , INC. `-� S�� Y A. NIG NGA //),; ) . /��� �L %TE yy CHARLES M. ' SWANSO ' �f NOTARIAL CERTIFICATE STATE OF COLORADO )ss COUNTY OF WELD ) THE FOREGOING CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS____DAY OF , A.D. , 1983 , BY STANLEY A. NIGHTENGALE AND CHAR' FS M. SWANSON AND FOR PLATTE VALLEY INVESTMENT COMPANY , INC. BY MY COMMISSION EXPIRES: WITNESS MY HAND AND SEAL: NOTARY PUBLIC SURVEYOR' S CERTIFICATE I HEREBY CERTIFY THAT THIS PLAT WAS PREPARED ON AUGUST 9 , 1983, ,UNDER MY SUPERVISION, AND THAT E SAME IS CORRECT TO BEST OF MY KNOWLEDGE AND BELIEF. eSP`.... .f'!o., GERALD B. McRAE, PROFESSIONAL ENGINEER AND ? r•� • LAND SURVEYOR, COLORADO REG. NO. 6616 =*X ,'� t COUNTY COMMISSIONERS' CERTIFICATE ''r;.e k k`• f THE ACCOMPANYING PLAT IS ACCEPTED AND APPROVED FOR.,FILING.J ATTEST. ' l ICi_L'0_ t J' '' ,. _•`J � �r �d COUNTY(fLERK CHAIRMAN, BOARD OF COUNTY COMMISSIONERS 4 DATE: 7.► Co � ' „ / i McRAE & SHORT, INC. 1227 - 8th Avenue Greeley, Colored° 80631 PN2JECT NO 82/37 X August 4. 1983 Chuck Cunliffe, Weld County Department of Planning Weld County Board of Commissioners To Whom It May Concern: The writing of this letter is on behalf of Bill Speetzen and Tom Cowan, dba Platte Valley Investment, east parcel owners; and Chuck Swanson and Stan Nightengale, present owners of 3455 F Street, Greeley, Colo. , 80631 , west parcel. My intent is to clarify the reasons for the property division, which I earlier believed was within my legal rights to sell as I desired. In January of 1983, the United Bank of Greeley forced me into a position of liquidating my assets, resulting in the sale of the said property. The east portion was sold to Platte Valley Investment Co. , and I assigned the remaining west portion to the United Bank in lieu of foreclosure. The present owners of the west parcel are Chuck Swanson and Stan Nightengale, who purchased the property from the United Bank. This property is consistent with the Weld County Comprehensive Plan, was approved by the City of Greeley's Land Use Committee, and has met the Cities' Comprehensive Plan in Commercial Development. Both the proposed and existing uses are within the guidelines of the district. Present buildings and future developments are compatable for the area and there have been no objections to date from the surrounding land owners. The Burlington Northern Railroad lies to the north, F Street to the south, and a residential house to the west (the owner is well pleased with the developments) . The future buildings will be the same as the existing ones. The rezoning of this property was approved by the City of Greeley in accordance with their Master Plan and they aided in the lay-out of the buildings on this 1 .2 acre site. This division of land will not alter future developments in this area in any way. This property is not included in the 100 year flood-plain in the original plat at the time of re-zoning. The flood-plain lies north of the railroad tracks. For additional protection against flooding, over 4000 yards of fill material was placed on site to bring the ground level to the road-bed- height of F Street on south. I hope this will resolve the division situation, and appreciate your help very much. Sincerely,41167 ) • ezir C rles E. Erickson CEEcde V +. I{r x '1� I ,. . I 1 ) r b � . , ca ) $/ C�� � '- �3. � '�'" 'yea 44� �.' fr � � �_ t . i•4 • '4.71 .t1 '' i '. 1 'I r' _ - M1 k � r 1 e . ;IL:. ! TFt. c 1?'�. il. Q •R'•r .., , '{R w a a }* .7.14 .+TR'a�4 IL.s . } S. ,e `.L4\�i '1�7 1 E sJ , �.�. q . � �..'.. 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SOIL CLASSIFICATION SOIL NO. ^sc IRRIGATED NON-IRRIGATED PRIME REFERRAL LIST APPLICANT: Platte Valley Investment Company CASE NUMBER: RE-631 SENT REFERRALS OUT: August 17, 1983 REFERRALS TO BE RECEIVED BY August 24, 1983 m z m m o z z H n O U o z z 0 c 8 o Z ti w W w z vai P7 H c� O o O W H O PWi W 0 0 W OU 0 z x z 0 z z County Attorney (plat only) X Ken McWilliams City Planner Weld County Health Department City of Greeley 919 7th Street Engineering Department Greeley, Colorado 80631 X XX -� Referral sent 8-5-83 County Extension Agent CAC Colorado Geological Survey 1313 Sherman Street _ Room 703 Denver, Colorado 80203 State Engineer XX Division of Water Resources 1313 Sherman St. , Room 818 Denver, Colorado 80203 State Highway Department 1420 2nd Street Greeley, Colorado 80631 -1 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 1�---.......a.�.L } _%,�.,,,, _. tf.� > . 't ''a rw �S'',',r v,-a .a�"" A- ' .. i u.w 1 n.,.-..+.0', y' a .' ":1..A ' t � A a ! fib Ak � � , �l y • a- ...Y� 7A fail fl „ ,Rtia '.+r^ s'1,�ti `fi,.'•; , ,,,; • gw' 1r. > jtç a A.... °, t� s �. a 5 ' �� GREELEY CIVIC CENTER GREELEY. COLORADO 606'11 �y -- PHONE 4303, 3536121 August. 26 , 1983 1 C ; Chuck Cunliffe, Director _ Weld County Dept . of Planning Services 915 10th Street " Mawr,, Greeley , CO 80631 Dear Chuck: The Greeley Planning Commission reviewed the request for a recorded exemption located northeast of F Street and 35th Avenue at its August 23, 1983 , Planning Commission meeting, The Commission recommended approval subject to limiting access off F Street to one common access serving both lots and reserving adequate right.-of-way for the future development of 35th Avenue and F Street as arterial streets (100' right-of-way) . Thank you for the opportunity for reviewing and commenting on this referral . If you have any questions wit regard to this matter , please do not hesitate to contact our ofhfice. Sincerely , � J X. Ken McWilliams City Planner KM:vlp "A COMMUNITY OF PROGRESS" Hello