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Home My WebLink About810688.tiff RESOLUTION RE: DETERMINATION REGARDING ROTH SUBDIVISION PARK PROPERTY 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, the Board of County Commissioners held a public hearing on the 2nd day of September, 1981 at the hour of 2 : 00 o'clock p.m, in the Chambers of the Board of County Commissioners for the purpose of receiving comments regarding the 5. 34 acres of land dedicated to be used as a park in Roth Subdivision, located in Section 31, Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, the dedication of said parcel to Weld County to be used as a park and the filing of the final plat reflecting said dedication, was approved by Resolution of the Board of County Commissioners on July 23, 1969, and WHEREAS, the Board has received a request from the sub- divider, Alex Roth, Jr. to purchase said parcel for develop- ment purposes, and WHEREAS, the Board of County Commissioners heard the statements of the property owners regarding their desires for said parcel and reviewed the recommendation of the Weld County Planning Commission, and WHEREAS, the Board has determined that it was the subdivider' s original intent to deed said parcel to Weld County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that the County Attorney is directed to secure legal title to the above described 5. 34 acres. BE IT FURTHER RESOLVED that said parcel is to remain in its present natural state until determined otherwise by an association of the property owners. The above and foregoing Resolution was, on motion duly r/ made and seconded, adopted by the following vote on the 2nd day of September, A.D. , 1981. PL 631 810683 t"- i. Page 2 RE: ROTH SUBDIVISION BOARD OF COUNTY COMMISSIONERS WELD 0 TY, CO ORADO � (Aye)C uck Carlso Chairman ABSENT Norman Carlson, Pro-Tem C iyet- y (Aye) C/._W.1K rby i, (Ave) n T. Martin` (A e) e K. Steinmark ATTEST: '"la • :1 Weld County Clerk and Recorder and Clerk to the Board B DepuAeity 27.Cou �C k 6 APP AS TO FORM: /� 6-sa.., O�Q/,v �` County Attorney DATE PRESENTED : SEPTEMBER 8, 1981 �, A public hearing was conducted on September 2, , 1981 at 2 : 00 P.M. , with the following present: CHUCK CARLSON CHAIRMAN NORMAN CARLSON PRO TEM EXCUSED BILL KIRBY COMMISSIONER JOHN MARTIN COMMISSIONER JUNE STEINMARK COMMISSIONER Also present: ACTING CLERK TO THE BOARD, KEITHA WHITE ASSISTANT COUNTY ATTORNEY, LEE MORRISON PLANNING DEPARTMENT REPRESENTATIVE, ALLEN JOST The following business was transacted: I hereby certify that pursuant to a notice dated July 27, 1981 and duly published July 30 and August 20, 1981 in the Johnstown Breeze a public hearing was held for the purpose of receiving comments regarding the 5. 34 arces of land dedicated to be used as a park in Roth subdividion. Allen read the Planning Commission' s recommendation: "they recommend that the County Commissioners secure clear title or deed to this property and that they designate it as open space within this subidivison and leave it as it is. " Allen also reviewed comments by some of the Planning Commission members. Several of the residents were present and stated that they wish to have the property remain in its present state and that the County retain ownership of said property. They do not wish to form a Homeowners Association and care for the property themselves. Mr. Roth was present and stated that he does not feel the property is healthy and it is a potential fire problem. Following questions and discussion by the Board Commissioner Steinmark made a motion to direct the County Attorney to gain legal title to the property and leave it as is until such time as the property owners form some type of association and wish to do something different with the property. Commissioner Kirby seconded the motion and it carried unaimously. Commissioner Martin stated that if the homeowners complain about water in their basements or on their property he does not think the County should spend any money correcting the situation. CHAI RMAN BOARD OF COUNTY COMMISSIONERS CHAIRMAN 71 IQu uL1.PPl ektI r BOARD OF COUNTY COMMISSIONERS ATTEST: /� VV WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD �. {p'eputy Count Clerk / � DO - T4 81-38 U TAPE* 81-57 X LD: SUBDVN; Roth ATTENDANCE RECORD TODAY' S HEARINGS ARE AS FOLLOWS: DOC 81-38 Roth subdivision - park property PLEASE write or print legibly your- name, address and the DOC # (as listed above) or the applicants name of the hearing you are attending. NAME /[y� /��'" //// {�//11 [nADDRESS HEARING ATTENDING .I p/. //1 . p/! £ 4i)YL • /T!P V �U,9 ,, ll 0:e.;J24(.144, :. ( 1,/ ii. "r he ill x 417.3 li(o.�kl x i ii ,.J 24(..C ea. pin ct g irtA S4 9 J-.�y. ) `l to In SC A J-114/N St 7A) .J-n 1 d cfOS 5 ; 6,,r - o c z .e,?C /c ..< ys,, �2 7 S9 / �az,% cs; % i0_ 6 L, GZ )e � . I r4loq -5 tr. ,reAA ' \..O I v,si C�,nr- , se . r NOTICE DOCKET #81-38 NOTICE IS HEREBY GIVEN, the Board of Weld County Commissioners will conduct a public hearing in its chambers on the First Floor of the Weld County Centennial Center, 915 10th Street, Greeley, Colorado, at the date and time specified: DATE: September 2, 1981 TIME: 2: 00 P.M. Said hearing will be for the purpose of receiving comments regarding the 5. 34 acres of land dedicated to be used as a park in Roth Subdivision. Said subdivision is located in Section 31, Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado. Questions regarding this hearing may be directed to the Office of Clerk to the Board of County Commissioners, Third Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado - 356-4000 ext. 226. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Keitha White, Deputy DATED: July 27, 1981 PUBLISHED: July 30 and August 20, 1981 in the Johnstown Breeze AFFIDAVIT OF PUBLICATION w-_ •. THE JOHNSTOWN BREEZE STATE OF COLORADO ) !.'filar*nos ) ss COUNTY OF WELD ) • i I, Clyde Briggs, do solemnly swear that I m et am publisher of The Johnstown Breeze; �, that the same is a weekly newspaper cTuwii we printed, in whole or in part, and published PA September L> in the County of Weld, State of Colorado, scao r 1L and has a general circulation therein; that said newspaper has been published Said a wilt be for y continuously and uninterruptedly in said r �~ � County of Weld for a period of more than Roth mrw m° u u fifty-two consecutive weeks prior to the 7 et first publication of the annexed legal notice the w or advertisement; that said newspaper has been admitted to the United States mails as Sai thee second-class matter under the provisions of Cam ,p Center:., the Act of March 3, 1879, or any M amendments thereof, and that said I newspaper is a weekly newspaper duly 'nm ,+ qualified for publishing legal notices and : Y advertisements within the meaning of the ". $VID, laws of the State of Colorado. That the annexed legal notice or advertise- , ment was published in the regular and -"-, entire issue of every number of said weekly BY: �Whitt Depu h newspaper for the period of ../... consecu- tive insertions; and that the first DAVID:,rely a?,Lp _ publication of said notice as in the issug�f rUSLIS mJu.yj said newspaper dated 2..w.2.O, A.D. 19?.., w3auaeet m the and that the last publication of said notice "°*#- was in the issue of said newspaper dated , A.D. 19 In witness whergof I have hereuntp set my hand this e" day of ...�T.T. f...., A.D. 19r/. z �4 Publisher Subscribed and sworn to before me, a Notary Public in and for the C my of Wel,State of Colorado, this:z0wday of /c 1 A.D. 19ZL.,. ,// alAt 4.w& 14 4./ Notary Public. My commission expires if- I-d a" AFFIDAVIT OF PUBLICATION THE JOHNSTOWN BREEZE STATE OF COLORADO ) ) ss COUNTY OF WELD ) I, Clyde Briggs, do solemnly swear that I amI publisher of The Johnstown Breeze; that the same is a weekly newspaper DOOnmaai printed, in whole or in part, and published EWABtu OtvBm, in the County of Weld, State of Colorado, of �i nt3 and has a general circulation therein; that public in its chambers said newspaper has been published tattam x°36 continuously and uninterruptedly in said at the data and time specified; County of Weld for a period of more than fifty-two consecutive weeks or to the nw1:'� .poemeror s, toot first publication of the annexed legal notice tmtzt a;eo P.Y. or advertisement; that said newspaper has Said hewing will be for the been admitted to the United States mails as purpose of receiving comments tacelli.adz:of land second-class matter under the provisions o£ nod gild park the Act of March 3, 1879, or any a'»�w°m°mto 1° Section psi,Colorado. amendments thereof, and that said 1z atBat�gva ad newspaper is a weekly newspaper duly Gusghonshear- Mar qualified for publishing legal notices and the Omen advertisements within the meaning of the commmi lls laws of the State of Colorado. Weld get, tents That the annexed legal notice or advertise- Da ME-yea Chreel�Y' ment was published in the regular and nm Bo or=PITY entire issue of every number of said weekly o et-_newspaper for the period of ..2 consee tive insertions; and that the first BY: ri publication of said notice w s in the issucof said newspaper dated .7/3.e, A.D. 19. .., ANDCM ABOARD and that the last publication of said notice BY:Reims want w in the issue of said newspaper dated DATED: win w,no witness A.D. 19 81 In witness whereof I have h eunto set FUABHBD: July fie and aT le,1981 m the JeMetoim my hanl4his day of . . ...... ........ rearpt Ht-drastic to the. A.D. 19yy.. VO,,,..2 Publisher Subscribed and sworn to before me, a Notary Public in and for the County of Weld„State of Colorado, this .`/.... day of G{-c..ce7A.D. 19..d.%.. .4Z /JJ /4Z% 1.4 bfi.�s:t2L ..si Notary Public. My commission expires ii`/- AUgu st 17 , 1981_ To whom it may concern: I wish this letter to express my desire to purchase the 5. 34 acre partial of land in Roth Subdivision provided my offer would be accepted and the property is for sale. Sincerely, V1 Alex Roth Jr. 36736 Gaylen Windsor, Colorado 80550 G wEl9 COUNTY COMMISSIONERS 'S � n JUN1 3 1987 U BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERSGReEtgc CO,Q, Date Mav 19. 1981 Roth Subdivision Park Property Public Hearing Moved by Don Billings that the following resolution be introduced for passage by the Weld County Planning Commission. • Be it Resolved by the Weld County Planning Commission that they recommend the County Commissioners secure clear title or deed to this property and that they designate it as open space within this subdivision and leave it as it is. Planning Commission members comments are attached. be recommended (favorably) (wi(xxYflaf * to the Board of County Commissioners for the following reasons : This is what the residents requested in the public hearing. Motion seconded by Bob Halleran Vote: For Passage Ehrlich Against Passage Otis Billings Diehl Halleran Kiefer Holman Kountz Wafel The Chairman declared the Resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. I , Jeanene Moore , Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on Mav 19. 1981 and recorded in Book No. VIT of the proceedings of the said Planning Commission. Dated the 5th. day of June 1981 Se etary Planning Commission May 19, 1981 Tape 60 - Side 1 Comments on the property in the Roth Subdivision from the Planning Commission members. Bob Ehrlich: "Basically I don't feel that the County should be in ownership of that land on down the line. I think it should either be dedicated back to those people or if the County Commissioners wish to some price on it and give the residents in that area first option to buy it. I don't feel that the County should be in a position to be owning those kinds of parcels of ground" . Bill Diehl : "I think we should establish who owns this piece of land. If the County does then they can give it to the land owners if they want it and if they don' t want it then they should sell it" . Wilber Wafel : It is the opinion of the people here that they want this area left as open space and that would be my specific comment to the Commissioners that it should be left as it is. Fred Otis: "I would like to see the area remain open space but I like the idea that Mr. Diehl suggest of offering it to the home owners. If they can form a group of some kind to give it to them if they want it, if they don't want it then to sell it. I don't think the County should be in the business of owning property or to have the liability for it" . 7:7n ar.sv:er`- _ : _ Cr_.-,Ls ECe:-: a _EE N.' . Coeur sp:ke . ..i :re :rs ed.: . r'orma:icr. :net had not beer. presented previousl_ Tape 59 - side 1 The problem cf dust and odor were addressed b` N." . T.,-an and he stated there wouL _ r:t be any cf either. Nsise was a sc a ..cr.:err and the levels civen or a ,.. .:s Cf e i 77-2r1. !).r .. a. _.v.e-E_ questions from the Flanninc CoTr.ission. Mr. Connell made his closing statement regardine the harmony with the surroundinc area. He also made the statement that there should be a reduction in the traffic not an increase . General discussion followed with Mr. Connell answerinc questions from the Planning Commission members. Mr. Hill also answered more questions . • Planning Department' s Staff recommendation for approval was read by Tom Honn including the Conditions and the Development Standard: revision of R2 and 21 . Tape 59 - Side 2 Don Billings made a statement regarding the City of Greeley' s consideration of this same application and that they were more in a position to evaluate the traffic impact of this request. The motion was made by Don Billings that the Planning Commission recommend to the County Commissioners that this Special Use Permit be approved on the basis that we have had no evidence presented that would indicate that this would be any less compatible or any less harmonious or less needed than the present activity or would have any greater effect on the. neighborhood than the present activity already has. Seconded by Bob Halleran. Motion was approved with Ehrlich, Billings, Halleran, Kiefer, Kountz, and Otis voting for and Holman voting against, Diehl and Wafel abstained from voting. Comments were noted from Fred Otis, Jerry Kiefer, Don Billings and Jack Holman. • These comments are attached on separate sheet. CASE: Public Hearing Public hearing to consider comments concerning the park property in the Roth Subdivision was held with several of the residents expressing their opinions . General Discussion followed. Tape 60 - Side 1 The Motion was made by Don Billings to recommend to the County Commissioners that they secure clear title or deed to this property and that they designate it as open space within this subdivision and leave it as it is. Seconded by Bob Halleran. Motion passed with Ehrlich, Billings , Diehl , Halleran, Kiefer, Holman, Kountz and Wafel voting for and Otis voting against. Motion passed. Comments followed regarding the legal responsibilities of land ownership of the county. Comments were made that were to be recorded. Planning Commission May 19, 1_9B1 Tape 60 - Side 1 Page 3 Comments on the property in the Roth Subdivision from the Planning Commission members. Bob Ehrlich: "Basically I don' t feel that the County should be in ownership of that land on down the line. I think it should either be dedicated back to those people or if the County Commissioners wish to some price on it and give the residents in that area first option to buy it. I don't feel that the County should be in a position to be owning those kinds of parcels of ground" . Bill Diehl : "I think we should establish who owns this piece of land. If the County does then they can give it to the land owners if they want • it and if they don' t want it then they should sell it" . Wilber Wafel : It is the opinion of the people here that they want this area left as open space and that would be my specific comment to the Commissioners that it should be left as it is. Fred Otis: "I would like to see the area remain open space but I like the idea that Mr. Diehl suggest of offering it to the home owners. If they can form a group of some kind to give it to them if they want it, if they don' t want it then to sell it. I don't think the County should be in the business of owning property or to have the liability for it" . CASE NUMBER: UD-4:81 :2 APPLICANT: Richard Perchlik SUBJECT: Request to amend Development Standards LEGAL DESCRIPTION: Pt. SE;, Section 36, T6N, R67W LOCATION: 3 miles west and 1 mile north of Greeley APPEARANCE: Richard Perchlik Mr. Perchlik gave the background of the Sharkstooth area and their plans for summer activities . Tom Honn read the Planning Staff's recommendation for approval with the Development Standards and comments regarding the health requirements will be evaluated by the Health Department. Motion was made by Jerry Kiefer that we forward this application to the County Commissioners with our recommendation for approval . Seconded by Bette Kountz. Motion passed with Ehrlich, Billings , Diehl , Halleran, .Kiefer, Holman, Wafel , Kountz and Otis voting for and none against. CASE NUMBER: SUP-467 :81 :13 APPLICANT: Lloyd Rockwell SUBJECT: Poultry Manure Methane - Digester and Dryer LEGAL DESCRIPTION: Lot 10, Ranch Eggs Subdivision Pt. N%2, NEq, Section 33, T1N, R68W LOCATION: 12 miles east of Erie APPEARANCE: Lloyd Rockwell April 22, 1981 Dear Resident: On July 23, 1969 the Board of Weld County Commissioners approved the Roth Subdivision in Section 31, T7N, R67W of the 6th P.M. , Weld County, Colo- rado. Included in the plat of the subdivision was an area of approximately 5.34 acres, which was dedicated to be used as a park. During the past several years property owners within the subdivision have requested that the Board of County Commissioners either dispose of the park property or make improvements to the property so it is useable as a park. The Board of County Commissioners has requested that the Planning Commission notify the property owners of the subdivision and hold a public hearing to con- sider their comments. After the public hearing the Planning Commission will make a recommendation to the Board of County Commissioners concerning the park property. The public hearing has been scheduled for May 19, 1981, in the First Floor Hearing Room, Centennial Center, 915 10th Street, Greeley, Colorado. The regular Planning Commission meeting begins at 1:30 p.m. and the public hearing is the second item on the agenda. As a property owner in Roth Subdivision the Planning Commission has notified you since you may be interested in this proposal. If you have any questions, please contact Allen Jost at the Weld County Planning Department - 356-4000 ext. 400. Sincerely, Jim Komanich, Director Planning Services JK:rg lye <14, �≤tt "C �s1 CctrIN --?--14-1`2A% a 0 4.4 Q81n �6�t Cep . `e)OSSt) a \ \eaSC t, Cd . e:ClIsso - \(‘.0ISCC> y$'s '-r. c_2\W Soc(C-0 . e.) SSA` cLc.C,k_AS C,.�� , Co -tar)-(ISO `t s el)(7 \J1 c vt� or I Cc . _� > G�. M A Co-1 rl',5 oe C mecc_e_tQA ( Ca . ( a2. Ne•--I\c1C\Soc \ c., eSSO Z�da\ 4 Cc.t-al -jS`'kO CZ�z , �c� A.ce , \kt\rM z t k Co, ecttei C\No Aec. .Vk r aco\ V\-“& C \\ \INC; c\&c oc , C.0 . Aso s WS) klba a �c�csSo��Cc� t-SU Ne. -LNe\sot t Co. .C) S S s 1(�` �� d� JCL 12Q 1 s ° Aci \ar c-c \kv C.r) . ce,cs-Scs . \ %o>c \\‘)\ C C\C\9-,`ar . Sot` Co . `' 3D SZ� \LE Man . Co :%c-3S, c cx3 \34J-k toA Ne S-- . (Co oAN‘c\� , *- \ Qt-\ \ \O'er\ C&& o -c • / j ' C Cc, o.,\- t _ ,\ 2- Lc '\ le_l �c�c\c\e? Ahs• SC,v- kCa - • 4t--"&t c Al`, V\s Lo • t \ 1�- c * \ l \QA- N V803 It P,ce. C-c—e-e\•e�� ; C . COL31 ict-cNcc,QA\ 't V-:1/4eS-4. \- ?3C-)v-4\ czt.a K_\!t•Q�1�4 � c\,Ls.xitS C . 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A a LO ;j. / v"`- -.z�-4�e_ ,da-1.ieenza--, zQc2cra 4 cam- -. /9 76 O . x2e 1 a-tea:: 0 --4-t« , ( i 0- � ni ee /ka-��i ,� / tkD-, _7_,,eu t)1 -cam ctz/4G- -re% O-o--,it.e.. -d a-ce a� Gitc9--t.u-e_c�"`J o`�i -e- , p2Q_e4_,_„-„, c, -. Avi-ert-2-1 . 0--- 64-09.-Y -2--tc-pacv 6,Ce-tzt 17A-C-G-CL /AC, ,e 4.4. -�c i gt /��c 04, 'o c- ir-wc i c_,- rz� yea E_ _ez„e. c� k-fin Cb.7 i (1�J .l /moo L- �u a-- Q a� .,ca; 0_12_6 a ✓ita t G �_`z.rpta .at JC/ D pP Art.7i.o-n t _A.,_�i a/� ate/ le) /�2,6 p�� . 1#i et-e-yhi-en ' Q�el r, t �-5 l� frt./ 7e)-a-4-1-j #114-i 71 14 /76-97 ca OV ems, Ce-e4-,et_eio Q s3 O SAMUEL S . TELEP ATTORNEY AND COUNSELOR AT LAW FIRST NATIONAL BANK BUILDING TELEPHONE 352-5132 GREELEY, COLORADO October 24, 1969 CERTIFIED MAIL Mr. Alex Roth Rt. 1, Box 166 V1 indsor, Colorado 80550 Dear ir: Reference is made to your subdivision known as Roth Subdivision, located in part of the Northeast C,uarter of Section 31, Township 7 North, Range 67 West of the 6th P. M. , Weld County, Colorado. If you will recall, on or about July 23, 1969, the Board of County Com- missioners of W eld County, Colorado, adopted a Resolution approv- ing the filing for record of said subdivision; however, with the stipula- tion that a bond in the sum of $7028. 00 be posted to guarantee that all roads within the subdivision be built in compliance with eld County road specifications. To the present time, we have no record that such a bond has ever been posted as required. In view of the above, I kindly ask that you accept this letter as notice to you that no building permit will be issued for any structure within said subdivision, unless a bond in the sum of $7028. 00 is posted as required by Order of the Board of R eld County Commissioners. If you have any questions in this regard, do not hesitate to contact the V eld County Planning Commission or this office. Very truly yours, Samuel S. Telep County Attorney SST:jo Cc: V eld County Planning Commission Board of County Commissioners COPY tx—t4 6F-/ _ 44, L. i _ .1/3 ,a7 .cam y , ant& ("Arnow k�-Qo-rr.+.ctiIZErt/enfte .cap ,d,s94;) 4,1.dr aele;241 „eua P��ss-luau tad//12-,..44.921 Ja.Aste-14-;,404-tegid1Setital S -t Ste , axlaypitee, 07v A „ a. 1�2vr�t _ dukRem&o. - ai....etaai-eetn'alu zitizaa , L2- .. _ 1) --etsvaae, 02„CoseAs> Anti Siefif nn sit,_ j:_3 D, l�(n. ,e-w_ .`C4? .ai nauft.ILL ue-1 if - . i ft,dteton - ens " 4, i1 WIRY 23 1981 —trees ' Hello