HomeMy WebLinkAbout841233.tiff AR1968989 1-4\ /'4:
RESOLUTION
RE: APPROVAL OF SUBDIVISION EXEMPTION NO. 219 - RICHARD AND
SONJA KLEIN
WHEREAS , the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
0 v o Rule Charter, is vested with the authority of administering the
0
affairs of Weld County, Colorado, and
WHEREAS , the Board of County Commissioners has reviewed the
0 3 request of Richard and Sonja Klein for an exemption from the
o a
"'Q definitions of "subdivision" and "subdivided land" in Section
a
w30-28-101 (10) (d) , CRS , as amended, and Section 2-1 A. (3) of the
va
d Weld County Subdivision Regulations, and
•• w
a WHEREAS , this Subdivision Exemption request from Richard
w
m v and Sonja Klein is to allow an . 086 acre tract to be utilized
H for a gas metering station, and
o
0 a WHEREAS, said land is located in Part of the SW4 , Section
w CO rn w 20, Township 5 North, Range 64 West of the 6th P .M. , Weld County,
CO
rn z Colorado, being more particularly described as follows:
Hz
o � EXISTING PARCEL
U a
a Township 5 North, Range 64 West
,n Section 20 : All that part of the Southwest
""D o Quarter (SW4) lying South of the Union Pacific
no
—p ° Railroad right-of-way . . . consisting of 150
m p, acres.
LEGAL DESCRIPTION OF METERING SITE
Township 5 North, Range 64 West
Section 20: All that part of the Slick described
as follows: Beginning at the S4 corner and
assuming the north/south centerline of Section
20 as bearing North 00°04 ' 29" West and all
other bearings contained herein relative there-
to; thence North 00°04 ' 29" West 2 ,064 . 41 feet
to a point on the south line of the County
Road 544 right-of-way; thence South 75°50 ' 31"
West 705. 13 feet to the true point of the
-beginning; thence South 75°50 ' 31" West 50 . 00
feet; thence South 14°09 ' 29" East 75 . 00 feet;
thence North 75°50 ' 31" East 50 . 00 feet;
thence North 14°09' 29" West 75 . 00 feet to the
true point of the beginning.
LEGAL DESCRIPTION OF REMAINING PARCEL
Township 5 North, Range 64 West
Section 20: All that part of the Southwest
Quarter (SW4) lying South of the Union Pacific
Railroad right-of-way except a . 086 acre
tract described as follows: Beginning at the
LD: SE #219
841233
•
Page 2
RE: SE #219 - KLEIN
S4 corner and assuming the north/south cen-
terline of Section 20 as bearing North 00°04 ' 29"
West and all other bearings contained herein
relative thereto; thence North 00°04 ' 29" West
2,064 . 41 feet to a point on the south line of
the County Road 544 right-of-way; thence South
(MO 75°50 ' 31" West 705 . 13 feet to the true point
ci
o of the beginning; thence South 75°50 ' 31" West
N o 50. 00 feet; thence South 14°09 ' 29" East 75 . 00
feet; thence North 75°50 ' 31" East 50 .00 feet;
❑ thence North 14°09 ' 29" West 75. 00 feet to the
o w true point of beginning . . . consisting of
O 3 149. 914 acres.
o a
a A NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
a
o missioners of Weld County, Colorado that the above described
• a
parcels be, and hereby are, declared to be exempt from the defi-
•• w
~ a nitions of "subdivision" and "subdivided land" as set forth in
m cai Section 30-28-101 (10) , CRS , as amended, and Section 2-1 A. (3)
z
o '-' of the Weld County Subdivision Regulations.
�o F
o z The above and foregoing Resolution was , on motion duly made
w
w w and seconded, adopted by the following vote on the 23rd day of
rn W
rn 2 May A.D. , 1984 .
o p /J .}� BOARD OF COUNTY COMMISSIONERS
w a A 12.�n.� F(ttNQ/llGn/ WELD COUNTY , COLORADO
o CV %JD
co 'Clerk and Recorder ' -�.,e Ci 4-
1/4O
H o andGt ' k to the Board Norman Carlson, Chairman
44
6Jw,/u<<Q
De uty County C erk Vac eline ohnson, Pro-Tem
APPROVED AS TO FORM: EXCUSED
Gene R. Brantner
County Attorney uck Carlson
EXCUSED
John T. Martin
TO: Board of County Commissioners Date: May 23, 1984
Subdivision Exemption # 219
Applicant: Richard and Sonja Klein
Legal Description of Property: Pt. SW1, Section 20, T5N, R64W of the 6th
P.M. , Weld County, Colorado.
Location of Property: Approximately 1 mile west of Kersey; north of WCR 541
and east of WCR 51.
The owners of the property described above have requested an exemption from
the Weld County Subdivision Regulations under Section 9-3A.
The Department of Planning Services staff has reviewed this request and
recommends that the request be approved for the following reasons:
DOES DOES NOT
X Fall in flood plain or geologic hazard area
X Agree with the Weld County Comprehensive Plan
X Create new parcels eligible for building permits
X Agree with surrounding land uses
COMMENTS:
Mizel Gas Processing Inc. of Denver, Colorado is in the process of developing
a gas field near Kersey. They are seeking a Subdivision Exemption to obtain a
ninety—nine (99) year lease to a .086 acre tract on the Klein property. This
site will be utilized for a natural gas metering station; the Subdivision
Exemption does not create a building site nor the right to construct a
residence.
444AQC M
Michael S. Mullen, Current Planner
FLOW SHEET
• cad. S E s2[g
COUNTY COMMISSIONERS MEETING DATE: M& .L3, 11A41 2:410.....
APPLICANT: �� w.d �� cc I'Y- N 2c
REQUEST: SE ?el Me r A.1 St
&4.II J,A ^ /IA.areQ GG.o PIaCAQ.4$;35
LEGAL: if• S(.Jy .Z4 •S' Cap(
LOCATION:itirrekiM^J /5. M(,(e.4hA4c( tia_; of oaf,
S'•
DATE BY
Application Received 5—•(G(,My lifk<%vv\
Application Complete S: t(,EPI AAZ",
Sign Given to Applicant f0 pc —
Sign To Be Posted By: h14. _ -
Letter to Applicant Drafted S'. (y. gy
Referrals Listed S".•(L(, Ely
Air Photo and Maps Prepared j'-*Ws-)'eptk \AV•"g*---
Soils Map Prepared
File Assembled
5-15-e 4- k�
Letter to Applicant Mailed
4K
Referrals Mailed
Chaindexed 5 1b-R 4 K�
Prop. & Mineral Owners Notified By: kW s,N.�( /141-•1
Field Check By DPS Staff 6—*(S.SY Js^ M
DPS Recommendation Drafted S• 19 • Sy Ms"
DPS Recommendation Typed S-• 2: • Sy AsM •
Packets Xeroxed
�/ 6-.2,•it 4 O1n.S M
CC Action: /f/`,,rr /J S 022 '
Pleat ror Resolution Recorded
History Card Completed G-6-
r Filed 6 -6 -
P-\
FIELD CHECK
FILING NUMBER: SE 219 DATE OF INSPECTION: May 18, 1984
NAME: Richard and Sonja Klein
REQUEST: Subdivision Exemption for a metering station - Mizel Gas Processing
LEGAL DESCRIPTION: Part of Southwest 1/4, Section 20, Township 5 North, Range 64 West
LAND USE: N WCR 54-1/y , pasture, Latham Ditch, irrigated cropland, Union Pacific Railroad
2 farm residences, I residence to northwest.
E Sandy Knolls Estates, pasture
S High power transmission line, pasture
W WCR 51, 1 farm residence, 1 laborer house, old turkey farm to southwest
ZONING: N Agricultural
LOCATION: Approximately 1/2 mile west of Kersey; E Agricultural
north of WCR 54-1/4 and east of WCR 51 S Agricultural
W Agricultural
COMMENTS:
Subject site is the 150 acre Rich Klein farm consisting of pasture and irrigated
cropland (pivot) . Improvements on the property include a residence, garage,
fuel shed, 2 sheds, barn and a silo. Access for the property is Weld County Road
54-1/4, a dirt road. The site has a northern slope and the proposed meter station
would be in a pasture area north of the pivot irrigation system.
BY: i ,c.s•
Michael S. Mullen, Current Planner
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0E � VE
MAY 141984
APPLICATION FON SUBDIVISION EXEMPTION
PHONE: 356-4000 Ext. 4400 �u"
Department of Planning Services, 915 10th Street, Greeley, amm&' abl & miSS100
FOR PLANNING DEPARTMENT USE ONLY:
CASE NO. SE .2 1 APPL. FEE &O. u0
ZONING DISTRICT flG RECEIPT NO. 13'1 4 y
DATE _1 APPL. CHECKED BY ANSM
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 exempted from the definition of the terms "subdivision" or "subdivided
land" in accordance with Section 9-3 of the Weld County Subdivision
Regulations by the Weld County Board of County Commissioners.
General legal description of total involved parcel(s)
Section 20 T 5 N, R 64 W , All that part of the SW1
described as follows: Beginning at the Si corner assuming the north/south
centerline of Section 20 as bearing North 00°04'29" West and all other bearings
contained herein relative thereto; thence North 00°04' 29" West 2,064.41 feet
to a point on the south line of the County Road 541 right-of-way; thence South
75°50' 31" West 705.13 feet to the true point of the beginning; thence South
75°50' 31" West 50.00 feet; thence South 14°09' 29" East 75.00 feet; thence
North 75°50' 31" East 50.00 feet; thence North 14°09'29" West 75.00 feet to
the true point of the beginning.
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: Richard E. Klein and Sonja Klein
Address: 25187 Weld County Road 541 Phone (303) 353-0004
bites :k Greeley. Colorado 80631
Address: Phone
Name:
Address: Phone
Total acreage of the
total property involved: 150
Existing land use of the
total property involved: Agriculture
Existing land use of the
adjacent properties: North: Agriculture South: Agriculture
East: Agriculture West: Agriculture
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.
STATE OF COLORADO )
COUNTY OF WELD ) MIZELL^GAS- PROCESSING, INC.
By: (..% ►�..A.y 1.
Charles G. Hauber, Secretary/Treasurer
authorized Agent for Richard E. Klein et ux
Subscribed and sworn to before me this 2nd day of May , 1984
SEAL �� f
My commission expires 4 - 25 - 87 �e��li"�
3600 So. Yosemite Denver, CO 80237 tart' Public Jeraldir Fitzgerald
My Commission expires:
MIZEL GAS PROCESSING* INC..
May 11, 1984 MAY 14 1984
Weld Co. Planning Commission
Weld County Department of
Planning Services
915 Tenth Street
Greeley, Colorado 80631
Re: Application for Subdivision
Exemption
Meter Site Use
Part of SWI-20-T5N-R64W
Weld County, Colorado
Gentlemen:
Enclosed herewith is our application for subdivision exemption
pertaining to the referenced site together with a plat showing the
before and after affects of said subdivision.
Said site will be used as a Natural gas metering station to be
owned by Western Slope Gas Company. This metering station is part
of a pipeline associated with the Gas Processing Plant filed under
Permit U.S.R. 625:84:21.
Please be advised that we have contacted the Klein's and they
will be providing us with an authorization form for the signing of
the enclosed application. We will forward same as soon as we re-
ceive same in our office.
Also, enclosed is our check, No. 11494, in the amount of $50.00
to cover the filing fee for Application for Subdivision Exemption.
Please advise the undersigned should you need anything further.
Thank you very much.
Sincerely,
MIZEL GAS ROCESSING, INC.
J. P. Fitzgerald
Associate Landman
:s
Enclosures
3800 South Yosemite Street, 9tite 1040, Denver, Colorado 80237 (303)694-0685
Noo,4(f"
$
'15.50r31p 905' I �+rrf Wzo/r%4ih.
y /I
Cow ry 4 550
-Tao 050'3
0,3 „W
l� 3
0
z ul
n o
T 0 ALRE o
o ? l J."i= 50 Peet
z 2
M
BEFORE
N76p5 '3�"5
p LEGAL DESCRIPTION
KLEIN PROPERTY
Township 5 North, Range 64 West
Section 20: All that part of the Southwest
Quarter (SW}) lying South of the
Union Pacific Railroad right-of-
way . . . consisting of 150 acres.
AFTER
N LEGAL DESCRIPTION
KLEIN PROPERTY
Township 5 North, Range 64 West
Section 20: All that part of the Southwest
Quarter (SW}) lying South of the
Union Pacific Railroad right-of-
way except a .086 acre tract
described as follows: Beginning e
the Si corner and assuming the
north/south centerline of Section
20 as bearing North 00°04'29" West
20 and all other bearings contained
herein relative thereto; thence
North 00°04' 29" West 2,064.41 feet
coti3 to a point on the south line of tt
County Road 541 right-of-way;
C.14 thence South 75°50' 31" West 705. 1_
N feet to the true point of the
o beginning; thence South 75°50' 31"
l o West 50.00 feet; thence South 14°
IZ. 09' 29" East 75.00 feet; thence
North 75°50' 31" East 50.00 feet;
thence North 14°09'29" West 75.00
r
feet to the true point of beginnir
5 . . . consisting of 149.914 acres.
Surface Lease Agreement
i
This Agreement, made and entered into this & S.day of April,
1984, by and betweengirhnrA E. Klein and Snrnas%. Klein. hnahnnd and wife,
hereinafter called "Owner and MIZEL GAS PROCESSING, INC. , 3600
South Yosemite Street, Denver , Colorado 80237, hereinafter
called "Mizel".
WITNESSETH
J Sib
WHEREAS, Richard E. Klein and Sonya Y. Klein is/are the
owner (s) of the surface rights in the following described lands
to wit:(
Township 5 North, Range 64 West
Section 20: All that part of the Southwest Quarter (SW})
lying South of the Union Pacific Railroad
right-of-way
And,
WHEREAS, Mizel is the owner of and operates several oil and
gas wells in the vicinity of the above described lands and
further contemplates the commencement of operations for a Gas
Processing System, and,
WHEREAS, Mizel desires to lease from Owner a 50 ' by 75'
tract of land for the purpose of housing a metering station,
and,
WHEREAS, Owner is willing to execute and enter into a
Surface Lease Agreement under the terms and conditions
hereinafter expressed.
NOW THEREFORE, it is understood and agreed by and between
the parties hereto as follows:
I
That for and in consideration of a cash consideration in the
amount of Five Hundred Dollars ($500. 00) and the other covenants
and agreements of Mizel hereinafter stated, Owner does hereby
grant and convey to Mizel its servants, employees, agents and
successors in interest a surface lease on the tract more par-
ticularly described on Exhibit "A" attached hereto, for the
purpose of erecting, and maintaining metering equipment to be used
in connection with Mizel 's Gas Processing System and such other
related purposes Mizel may from time to time deem necessary.
Coincident with the grant of Surface Lease, Owner grants and
conveys to Mizel , its servants, employees, agents and successors
in interest an easement, also depicted on Exhibit "A", for the
purpose of ingress and egress to the tract covered by this
agreement. Such tract to be maintained at the sole cost and ex-
pense of Mizel . The consideration herein recited shall cover
all damages and rental due Owner during the term of this
Agreement.
II
The term of this Surface Lease Agreement shall be for
ninety-nine (99) years from the date hereof , provided, however ,
in the event that Mizel fails to use the tract herein granted for
the purposes above specified , for any period of two (2) years
continuously, then and thereupon, the rights granted herein shall
cease and terminate.
III
Mizel shall be responsible for , and shall pay the party or
parties entitled for , any damage to or loss of property, or in-
jury to or death of person that may be caused by or arise or
result from the exercise or enjoyment of any of the rights herein
granted, and shall hold Owner harmless from and indemnify it
against any and all claims therefor .
IV
Mizel agrees to keep the tract free of litter and debris and
to fence the tract in a manner adequate to keep livestock out.
Further, under normal conditions, the meter and related equipment
shall not emit gas or odor so as to be harmful to or disturb the
surrounding area nor make more than a negligible amount of noise.
V
In the event Owner considers that Mizel has failed to comply
with any obligation hereunder, express or implied, Owner shall
notify Mizel in writing , specifying in what respect Owner claims
Mizel has breached this lease. The service of such notice and
elapse of sixty (60) days without Mizel meeting or commencing to
meet the alleged breaches shall be a condition precedent to any
action by Owner for any cause. If , within sixty (60) days after
the receipt of such notice Mizel shall meet or commence to meet
the breaches alleged by Owner , Mizel shall not be deemed in
default hereunder .
VI
This Agreement shall be a covenant running with the land
described above and shall be binding upon the undersigned, their
respective heirs, successors and assigns.
IN WITNESS WHEREOF, this agreement is executed the day and
year first hereinabove written.
MIZEL GAS P OCESSING, INC.
ktTEST: By:
/1 Steven M. zel, President
RYChAt..„
Charles G. Hauber, Secretary/ OWNER
Treasurer By: /S o n / �>
/�4/� a) /iX64
STATE OF COLORADO Richard E. Klein
) Hy:
HEW Snail) (J
ss
COUNTY OF DENVER ) Sonta Y. Xleig.
Before me, the undersigned authority in and for said county
and state, on this day personally appeared Steven M. Mizel,
President, known to me to be the person and officer whose name is
subscribed to the foregoing instrument and acknowledged to me
that the same was the act of the said MIZEL GAS PROCESSING, INC. ,
a corporation, and that he executed the same as the act of such
corporation for the purposes and consideration therein expressed,
and in the capacity therein stated.
Ilia
under my hand and seal of office this 74 day
of (,� , 1984.
a • p
NOTARY PUBLIC Christine M. Couture
3600 South Yosemite
My Commission expires: 1-16-88 Denver, Colorado 80237
STATE OF Colorado
) ss
COUNTY OF Weld
Before me, the undersigned authority in and for said county
_nd. state, on this day personally appeared Richard E. Klein and ,
Snnan}S _ Klein_ ahand and wife , known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged
to me that they freely and voluntarily signed, sealed, executed
and delivered the same as their free and voluntary act and deed
for the uses and purposed therein specified and set forth.
Given under my hand and seal of ice thi o?S' day of
4pri1 , 1984.
`iOTAI2Y PUBLIC
My commission expir
9, 19d� SUITE 550. GRrr!..e, ".T."''AI r
LAZA
CUT LEY, CO fliu:II-j994
r-.
EXHIBIT A
Attached to and made a part of that certain Surface Lease Agreement
datedflpril . 1984 , by and between Richard E. Klein and
Sonya . Klein. husband and wife , as Grantor, and Mizel
Gas Processing, Inc., as Grantee.
Leased tract situate in Weld County, Colorado, further described
as follows:
Township 5 North, Range 64 West
Section 20: All that part of the SWZ described as follows:
Beginning at the S` corner and assuming the north/south
centerline of Section 20 as bearing North 00°04'29" West
and all other bearings contained herein relative thereto;
thence North 00°04'29" West 2,064.41 feet to a point on the
south line of the County Road 541 right-of-way; thence South
75°50'31" West 705.13 feet to the true point of the begin-
ning; thence South 75°50'31" West 50.00 feet; thence South
14°09'29" East 75.00 feet; thence North 75°50'31" East 50.00
feet; thence North 14°09'29" West 75.00 feet to the true
point of the beginning.
SIGNED FOR IDENTIFICATION PURPOSES:
Richard E. Klein
.Sa �. K. -,
SoniaKY. Klein
Mizel Gas P easing, Inc.
BY: Steven M. Mizel
President
F
to i
REFERRAL LIST
APPLICANT: Richard and Sonia Klein CASE NUMBER: SE-219
SENT REFERRALS OUT: May 17, 1984 REFERRALS TO BE RECEIVED BY ,au 20, 1984
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County Attorney (plat only)
XX
Weld County Health Department
Engineering Department
-- County Extension Agent
Office of Emergency Management
State Engineer
Division of Water Resources
1313 Sherman St. , Room 818
Denver, Colorado 80203
State Highway Department
1420 2nd Street
Greeley, Colorado 80631
Colorado Department of Health
Water Quality Control Division
4210 East 11th Avenue
Denver, Colorado 80220
DEPAR'i MENT OF PLANNING SERVICES
PHONE (303)3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
•
COLORADO
May 14, 1984
Richard and Sonja Klein
25187 WCR 541/
Greeley CO 80631
Re: SE 219 -- Request for a Subdivision Exemption for a Metering Station on a
parcel of land described as Part of the SW11, Section 20, T5N, R64W of the
6th P.M. , Weld County, Colorado.
Dear Mr. and Mrs. Klein:
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 on Wednesday, May 23, 1984 at 2:00 p.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 representative be in attendance to answer any
questions the Board of County Commissioners members might have with respect to
your application.
The Department of Planning Services staff will make a recommendation
concerning this application to the Board of County Commissioners. It is the
responsibility of an applicant to contact the Department of Planning Services
office a few days before the date of the Board of County Commissioners hearing
to obtain that recommendation.
If you have any questions concerning this matter, please feel free to call me.
Respectfully,
Michael S. Mullen
Current Planner
cc: J.P. Fitzgerald
Mizel Gas Processing Inc.
3600 S. Yosemite St. , Suite 1040
Denver CO 80237
P 670 388 510
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
(See Reverse)
ti Sent to Klein
'y Street andlio
2b187 WCR 54-1/4 27 P.O.,State and ZIP Code
o Greeley, CO 80631
o:
o Postage $
Co
t Certified Fee
Special Delivery Fee
Restricted Delivery Fee _
a •SENDER:Complataiteno 7.2.3 and 4. • -
Return Receipt Showing Is
to whom and Date Delivered i 2 Put your address in the.'RETURN TO"space on the-- ..
.reverse side.Failure to do this will prevent this card from
m Return receipt showing to whom, I 41 being returned to you.The return receipt fee will provide,,
m Date,and Address of Delivery I O_D you the name of the person delivered to and the date of
a TOTAL Postage and Fees $ delivery.For additional taus tn.following servkes ere •..
LLjavailable.Consult postmaster for fees end check Ponies) •
t f for sarvicels)requested.
o Postmark or Date I `
asI m 7. Show to whom,date end address of delivery.
v
E 2. 0 Restricted Delivery. 1
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5-15-84
a y .i`3.Article Addressed to:. � .' - i
- Richard & Sonja Klein, 25187 WCR
54-1/4, Greeley, CO 80631
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4.Type of Service:- Article Number
0 Registered 0 Insured -
I m a Certified 0 COD P..670 388 510
N Express Mail
WAlways obtain signature of addresseeg,agent and•= •
DATE DELIVERED.:' . - .
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y 6.Signature—Agent •-
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M 7.Date of Delivery
I Z 8.Addrefsee's Address(ONLYlfrequeledaadfee p7td)
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