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HomeMy WebLinkAbout830843.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 641 - VESSELS OIL AND GAS 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. 641, having been requested by Vessels Oil and Gas Company, described as the Southeast 4, Sec- tion 28, Township 1 North, Range 67 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, and WHEREAS, this request is to divide the property into par- cels of 128 . 5 acres and 25 . 5 acres, more or less, to legally split a parcel of land which was recently sold to Vessels Oil and Gas Company, and WHEREAS, in May of 1974, Subdivision Exemption No. 29 concerning this property was approved, said Subdivision Exemp- tion No. 29 contained three acres of land which are now being incorporated into Lot "B" of this Recorded Exemption, and WHEREAS, the approval of Recorded Exemption No. 642 shall be conditional upon Subdivision Exemption No. 29 being vacated. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the hereinabove de- scribed parcel of land be, and hereby is, exempt from the de- finition of the terms "subdivision" and "subdivided land" . BE IT FURTHER RESOLVED by the Board that this approval is conditional upon Subdivision Exemption No. 29 being vacated. LD:ZON RE #641 LD: ZON SE #29 830843 Page 2 RE: RE #641 - VESSELS OIL AND GAS COMPANY The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of October, A.D. , 1983. BOARD OF COUNTY COMMISSIONERS ATTEST: n 4 . WELD COUNTY, COLORADO rteWeld County Clerk and Recorder and Clerk to the._ Board C uck Carlso , Chairman BY: A C9--N.A.--/LX u X /')C1-/L.0 _ - )271m , , Deputy County Clerk ( ohn T. Martin, Pro-Tem APPROVED AS TO FORM: / X/ 111 02-(yin-jtc , Gene R. Brantner Co ty Attor ey Norman Carlson \YALYSA. cque ' ne Jo n -on DAY FILE: October 17, 1983 830843 DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 IIIIIDOctober 12, 1983 C. COLORADO Board of County Commissioners Weld County Centennial Center 915 10th Street Greeley, Colorado 80631 Re: Recorded Exemption #641 Dear Commissioners: The attached application, plat and related items are in reference to a request from Vessels Oil and Gas Company for a recorded exemption. The parcel of land on which this request isbei.ng made is described as the SE', Section 28, T1N, R67W of the 6th P.M. , Weld County, Colorado. The property is located approximately 4 miles southeast of Dacono on Weld County Roads 4 and 19. The property contains approximately 68 acres of Class IIe, IIIe and IVe (all prime) irrigated soils and 86 acres nonirrigated soils. The request is to divide the property into parcels of 128.5 acres and 25.5 acres, more or less. The purpose of the recorded exemption is to legally split a parcel of land that Mr. Howard recently sold to Vessels Oil and Gas Company. Vessels Oil and Gas Company has been leasing most of this land and has had a Use by Special Review Permit for a gas proces- sing plant on this land for the past nine years. 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: / - The 154 acres, more or less, under consideration will 1I be compatible with the existing surrounding land uses. The proposal is consistent with the intent of the Agricultural Zone District in which the use is located; 830843 ,•- Board of County Commissioners October 12, 1983 Page 2. - 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 Comprehen- sive 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 proposed lots are not part of a recorded exemption within the last five (5) years; - The two lots proposed will have adequate access from Weld County Road 19. The Department of Planning Services staff recommendation for approval is conditional upon the following: t. Subdivision Exemption #29 shall be vacated. Subdivision Exemption #29 which was created in May of 1974, contained three (3) acres of land that is now being incorporated into Lot "B" of this recorded exemption. Respectfully, L Jame R� Mayerl Current Planner JRM:rJg 810843 FIELD CHECK FILING NUMBER: RE-641 DATE OF INSPECTION: September 27, 1983 NAME: David E. and Carol C. (L.E.) Howard, 8709 Weld County Road 4, Brighton, CO 80601 REQUEST: Recorded Exemption LEGAL DESCRIPTION: Part of the SE' , Section 28, T1N, R67W of the 6th P.M. LAND USE: N General farming E General farming ! S General farming W General farming ZONING: N Agricultural LOCATION: SUP-256:74:19• SUP-236:73:50• SE-029 E Agricultural 8869 and 8885 Weld County Road 4, Brighton, S Agricultural Colorado W Agricultural COMMENTS: The applicants are splitting the oil andgas processing area from the balance of P g the farmland. The area is a general farming area which inclused irrigated land, drvland. pasture and some waste land. BY: /f C-" (day-n0 Robert C. Adams, Zoning Inspector RCA:rj g 83084' • APPLICATION FOR RECORDED EXEMPTION 0 '1J# PHONE : 356-4000 Ext . 400 Department of Planning Services , 915 10th Street , Greel 1ors . . FOR PLANNING DEPARTMENT USE ONLY : 1J .�3 11 APPL . FEE IS.1P� CASE NO . pl co. ofaooj! Co �I /t (pA), , RECORDING FEE_ tl.oi ssioo ZONING DISTRICT /jrico/riia c RECEIPT NO . x.30//p 4 ,n'72ST DATE ,SET /p6 /4s.� APPL . CHECKED BY IIl 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 : Township 1 North, Range 67 West of the 6th P.M. Section 28: SE/4 TOTAL ACREAGE : 154.00 acres 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 : David E. Howard, Carol C. Howard, John E. Howard, D. Gary Howard, and Marla Sue Howart Address : 8709 Weld County Road 4, Brighton, Colorado 80601 Phone : 659-0532 Name : Vessels Oil & Gas Company Address : 600 S. Cherry St. , #1220, Denver, Colorado 80222 Phone : 321-0202 Name : Address : Phone : WATER SOURCE : Larger Parcel Tapped Smaller Parcel Well TYPE OF SEWER : Larger Parcel Septic Smaller Parcel Septic PROPOSED USE : Larger Parcel Agricultural Smaller Parcel Industrial ACREAGE : Larger Parcel 128.50 ac. Smaller Parcel 25.50 ac. EXISTING DWELLINGS : ( Yes or No ) yes_ ( Yes or No ) yes 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 STATE OF COLORADO ) Signs re : ner or Authorized- Agent Morg n Co r a Ag nt for David E. _Howard, et al and sets i �as �om any Subscribed and sworn to before me � is t�--da of Sectember , 19 83 • ( SEAL ) M _ PIA/ rn, Notary Publ _H My Commissicn Expires Dec. 15, 1988 rie�� ie 8 ntflIVV -Qy� lco40 s. Ck&Uq .4 t2Zp My Commission expires : bra-AVIV) 00 80222 830843 INTENT AND GENERAL STATEMENTS for RECORDED EXEMPTION APPLICATION Vessels Oil & Gas Company and David E. Howard, Carol C. Howard, D. Gary Howard, John Edward Howard, and Marla Sue Howard, being the owners of the property in the SE/4 of Section 28, Township 1 North, Range 67 West of the 6th P.M. , are desirous of obtaining a Recorded Exemption on said acreage. David E. Howard, et al , has leased the surface rights of a twenty-three (23) acre tract to Vessels Oil & Gas Company since May 11 , 1974. A Warranty Deed on the property was executed September 2nd, 1983, for the purchase of 25.50 acres in the SE/4SE/4 of Section 28, Township 1 North, Range 67 West, by Vessels Oil & Gas Company. Vessels Oil & Gas Company has used the land for more than nine years as the site for a Gas Processing Plant Facility and Field Office. A Special Use Permit #256 was filed, and approved for this use, in 1974. A Recorded Exemption status is now desired as the ownership has been legally divided as to the two lots. The applicants feel that the request is consistent with the Weld County Comprehensive Plan, in that the Vessels Gas Processing Facility, has and will , continue to enhance and support the oil and gas industry growth and development in Weld County. The acreage that is now legally divided, will be used in the same way that it has been for nearly ten (10) years. The Howards' 128.50 acres will continue to be used as agricultural farm land; and the Vessels 25.50 acres will continue to be the site of their gas plant facility and field office. The land uses are compatible with the surrounding lands. The larger lot will remain agricultural , which is consistent with the majority of the acreage in the area. The smaller lot will facilitate in the purchasing, and processing of the production, from the oil and gas wells that are located in the vicinity. The existing and proposed land use will continue to enhance the future development of the area. The acreage is presently zoned Agricultural , and is proposed to remain so. The Gas Plant Facility, by continuing to expand its pipelines and processing capabilities, will encourage more oil and gas production throughout the county, which in turn will bring both economic and employment opportunities to the residents of Weld County. Vessels Oil & Gas Company has been active in business and community involvement within Weld County for nearly ten (10) years. Vessels Oil & Gas Company is an active member of the Ft. Lupton Chamber of Commerce, and is vitally concerned with the growth of the area. The company is familiar with the county regulations, and will continue to comply with the Weld County requirements in an efficient and orderly fashion. The acreage in which we are requesting a Recorded Exemption does not lie within the Overlay District. Therefore the Overlay District Regulations are not applicable. Please find attached to this application: 1 . Recorded copies of the Warranty Deeds between the Howard family and Vessels Oil & Gas Company. 2. Copy of the Surface Lease dated May 11 , 1974, by and between David E. Howard, et al and Vessels Oil & Gas Company. 3. Receipt for Septic Tank Permit #150-83, on file with The Weld County Health Department. The septic tank will be placed on Vessels acreage. 4. Transamerica Title Insurance Policy on the transacted acreage. 5. Registered land survey plat. 830843 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that /WE E. Howard, Carol C. Howard, D. Gary Howard, Howard John E. Howard, and Marla Sue(name) , the undersigned, of 8709 Weld County Road 4, Brighton, Colorado 80601 _(address) , County of Weld , State of _ Colorado _ , here- by constitute, make and appoint Nprgan J. Connor as Agent of — Vessels Oil & Gas Company (name) , of 600 South Cherry Street, Suite 1220, Denver, Colorado 80222 (address) , County of Denver , State of Colorado , my true and lawful attorney- in-fact, for the following purpose : To represent me in the matter of the foregoing attached application for a _ Recorded Exemption and a Special Use Permit (variance, recorded exemption, etc. ) , in regard to and only in regard to the particular property described in said ap- plication, before the Board of County Commissioners (Board of County Commissioners, Board of Adjustment, etc. ) and Ato pr- evidence on mynbehalf before^ sJaiCBoard,��`�� Le David E. Howard C �{ Carol fiC..a-Howard �� Aand 171,9 _ 2 D. H �,/E�. Howard Al0A14 l i Q f� t{� Marla Sue H and Subscribed and sworn to before me this _2nd _ day of Septamher , 19_83. Weatteet. i Notary Public My commission expires : Dec. 1, 1986 Residing at: 918 10th Street Greeley, CO. 80631 830843 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that I THOMAS G. VESSELS, as President of VESSELS OIL & GAS COMPANY, the undersigned, of 600 South Cherry Street, Suite #1220, Denver, Colorado 80222, County of Denver, State of Colorado, hereby constitute, make and appoint MORGAN J. CONNOR, as Agent of VESSELS OIL & GAS COMPANY, of 600 South Cherry Street, Suite #1220, Denver, Colorado 80222, County of Denver, State of Colorado, my true and lawful attorney-in-fact, for the following purpose: To represent me in the matter of the foregoing attached application for a Recorded Exemption and a Special Use Permit, in regard to and only in regard to the particular property described in said application, before the Board of County Commissioners and to present evidence on my behalf before said Board. ATTEST: VESSELS OIL & GAS COMPANY a A 441111469 Fred D. Feuerbacher, Secretary ? omas G. Vesse s, resident Subscribed and sworn to before me this (3141 day of pi-orniof , 1983. e44+.0 ✓l Meer ' Notary Public Yll�icc My commission expires: My CommIssien Cxplres Occ. 15, 1986 Residing at: 406 S. *l2Zo &b?zz g30843 Hello