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Home My WebLink About800777.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 441 - NEAR WEST LAND 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 of Weld County, Colorado, at a public hearing held on the 20th day of February, 1980 in the Chambers of the Board of County Commissioners of Weld County, Colorado, that the division into two parcels of land, as shown on the plat known as Recorded Exemption No. 441, being the property of Near West Land Company, described as Part of the East Half of the Southwest Quarter and the West Half of the Southeast Quarter of Section 9 , Township 5 North, Range 66 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: The East Half of the Southwest Quarter and the West Half of the Southeast Quarter of Section 9 , Township 5 North, Range 66 West of the 6th P.M. , Weld County, Colorado, except 3 . 75 acres, more or less, described as follows: Beginning at the Northeast Corner of the Northwest Quarter of the Southeast Quarter; Thence South 00°05 ' 45" East, 364 . 00 feet (South on the East line of said Northwest Quarter of the Southwest Quarter, 359 feet, recorded) ; Thence North 71°50 '41" West, 600. 27 feet (North 73°05 ' West, 601 feet recorded) ; Thence North 36°43 ' 52" West, 233 . 50 feet (North 36°54 ' West, 223 .5 feet to the East and West centerline of said Section 9 , recorded) ; Thence South 89°10 '40" East, 709. 50 feet (South 89°56 ' East, 709. 5 feet along said centerline to the Point of Beginning, recorded) to the Point of Beginning. 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, the Board of County Commissioners of Weld County, Colorado finds that this particular division of land is not within 800777 . n ,^--• the purposes of the Weld County Subdivision Regulations and the Board desires to exempt this particular division of land from the definitions of "subdivision" and "subdivided land" pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973, as amended, and Section 2-1A(3) of the Weld County Subdivision Regulations . 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 Near West Land Company be, and hereby is, exempt from the definition of the terms "subdivision" and "sub- divided land" pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973, as amended provided that an additional 20 feet of right-of-way be dedicated along 20th Street and that the church property have future access to a local street when the surrounding area subdivides and develops. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of February, A.D. , 1980. BOARD OF COUNTY COMMISSIONERS WELD CODUNTY„COLORADO gd ECG (Aye) C. W. Kifby, iairman ,.;<„n- „ce Ef ./I A (Aye) Leonard L. Roe,0.4c444,--- Pro-Tem ,.-_ cZ .. a..-- . (Aye) Norman Carlson of „(l�lM.4,-(Aye) Ly Dunbar „al-e1 trI c_/a%%-7;: --7,c^. (Aye) June K. SEeinmark �, 4- •N ATTEST: ‘7451 a_c1 ��-t i 1'r .'r«Mayk/ G Weld County Clerk and Recorder and Clerk to the Bo putt' Coun lerk APP OVE S TO FORM:410.0„ ,711 County Attorney r DATE PRESENTED: FEBRUARY 25, 1980 RECORDED EXEMPTI0C' N° 0959-09-3-RE•4r'^' II ' k°Ik 4�'� 2‘7e-as' con/er CZ.,-. •$t /ccc.iit �yy �� lSB9'fL E.tee.) A,Et..we. • A'S-47 sr' ~62a ;1 709,+r0�er-) ^y e�giv li(sE% 6•y*435.. Cl)j ell/tenet \... 1 ��353g3 �� , �V 'e • +n "ah _ let chi" NI q Ctiti ., sib � K soa q Z g v 7' a sea•/cr2 0 • ...RIM.rett N p s • f • -/d/ 'goiter' 8 ,si LOT ' ' 14 3 s.e_% S. to /SQ 94i,4 irs y N• • • . : f : Ra/I 8 a LOT t 3' r �,J P% %1,. _t b Q' 0 00.- • :Lp _S,'4cer ., ''e.. 4L:",e Seel p sF ar.. _niece,' c 49fdS;1c� j �+ Creel LL 8_....� Q jyr Sec. 9 1 b ...Tse.936S • II Le/d3L.7S' \ ,r .ud9'o9'es'w 2GZd:2 2' i � . /l9B.6T .J yAs or As r• LOTS . ¢ 952*Acres (*c/ a P•?B t .. e. .eo w.) 4'cP a' _,a 31412= Ades c-/nc/ /.S94- r?ye .P.o.w> , To r A L /h'9."7712 t,4cres • OAoV4 e NEA,I? 6dBST<ANO co. 7O7 7 ,, .9PA-NUE 4e./ I GA ''ELEJ": POLO. .8663/ • N'Orr Clete/,ero,.en/y 4 14 StarAll - - Dr., • r"5"N. /..,4re 4ccos: to IIca1sr'w' w,rew r 1 `rserrwnd'n9 4rt4 Sd. ....w'.r ewe f�!!�.' ./s�rr'/iffier. f e c,�rr�-t2 .2.71,4 1,1 ii k ,K/- ki 1 / Aare tr'/Aestare•vccessartiv, 20•4( Sit /or?' -.. / \ prev/v/.7-."--- ,49,-;,,c, c. Pd rB II /7 /Es CIO:20 Sr.) li /S 796177 ' , �� OTTO & CULVER a Irotenin1Ceporation LAND SURVEYORS — ....a RECORDED EXEMPTI'M N°0959-09-3—RE•4"" i Legal Description 6� The East Half of the Southwest Quarter (E1/25W1/4) and the West Half of the A/ u Southeast Quarter (WIISE1/4) of Section 9, Township 5 North , Range 66 West j 0 0 of the 6th P.M., Weld County, Colorado, except 3.75 acres, more or less, described as follows: II I Beginning at the Northeast- Corner of-the Northwest Quarter of the South- - - east Quarter; Thence South 00°05'45" East, 364.00 feet (South on the East line of said - -- NW4. of the SW1, 359. feet, recorded);Thence North 71° 50'41" West, 600.27 feet (North 73°'05' West, 601: feet recorded); Thence North 36°43'52" West, 233.50 feet (North 36°54' West, 223.5 feet to. the East and West .centerline of said-Section 9; recorded); - Thence South 89°10'40" :East,- 709-.50-feet (South 89°56' East, 709.5 feet - along-said centerline to_the-Point of Beginning, recorded) to the-Point -of Beginning. ]Surveyor's Certificate I hereby certify that this plat was prepared under my supervision; aei-,5PE� F/�'•. that the same is correct to the bee of my knowledg elief. 4.- ,..•eE m41 .. .• • J: :pe Fr esr Co Y.E. & L.S. No. 439$ 4 eJ.a . t g Property Owner's Approval ��4„�W0��,"A**••_ We, Near West Land Company, being the sole owners in fee of the above described property do hereby subdivide the same as shown_on the attached Map _. _ NEAR WEST LAND COMPANY BY: 15.4 eat — , aegialf c The foregoing certification was acknowledged before me-this /5" --- day of _rgNt'412 A.D., 196203 :Niy Commission E^' r Witness my hand and seal. My Commission Exp .es: ti-, r...5.,. p .- y 'Notary Public Planning Commission Certificate The accompanying plat.-.is accepted,dnd approved for filing. - ei -75 Chairman, Board of Coun Commissioners ATTEST: County Clerk 0.4446.4a4002teleridi . _ . 1zeji Oeq+h County Cle k • Dated / a/pv ^t I 796177 ipai OTTO & CULVER a Prof.nion,Icorpaation LAND SURVEYORS c1L-Q-Ly.:LQ ekace_\A‘_9A1 W y Urckw DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 COLORADO February 20, 1980 Board of County Commissioners Weld County, Colorado 915 - 10th Street Greeley, Colorado 80631 RE: Recorded Exemption #441 Dear Commissioners : The attached application, plat, and related materials are in reference to a request from Near West Land Company for a recored exemption. The parcel of land on which this request has been made is described as Pt. E12 SW4 and W1 SE4 Section 9, T5N, R66W of the 6th p.m. , Weld County, Colorado. This property is located 1 3/4 miles west of the City of Greeley city limits . The property contains approximately 160 acres of class III and IV irrigated soils . The request is to split the property into parcels of 4. 9 acres and 154 . 3 acres. Near West Land Company wishes to sell the 4. 9 acre parcel to the West Greeley Baptist Church for a future church site. The remainder of the property would continue in agricultural production until such time as the area is ready for residential development. Based upon the information submitted and the adopted policies in the County, the Department of Planning Services Staff recommends the request be approved for the following reasons : 1. The request is in compliance with the policies of the Weld County Comprehensive Plan in that to minimize conflicting land uses , resi- dential development will be encouraged to locate adjacent to exist- ing towns in accordance with the comprehensive plans and stated wishes of each community. The parcel of land is located within two miles of the city of Greeley and is inside the Greeley Comprehensive Plan area. The City of Greeley Planning Commission has no objections to this request. 2. The request conforms with the intent clause of the recorded exemption procedure and the intent clause of the Agricultural Zone District in that the uses will be compatible with surrounding agricultural uses. 3. This request complies with the provisions of Section 9-4 A. of the Weld County Subdivision Regulations. Board of County Commissioners Page 2 February 20, 1980 The City of Greeley has requested that an additional 20 feet of right- of-way be dedicated along 20th street and that the church property have future access to a local street when the surrounding area subdivides and develops . The intent of the second request is to restrict direct access from the church property onto a future arterial street (20th Street) . The Department of Planning Services staff recommends that the Board require the applicant to place a note on the recorded exemption plat reserving 20 feet of right-of-way for future upgrading of 20th Street and a note concerning future access for the church. Respectfully, Vickie Traxler Assistant Zoning Administrator VT/cac • APPL, CATION FOR RECORDED EXEMPTION PHONE : 356-4000 Ext . 404 Department of Planning Services , 915 - 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : CASE NO . LIL11 APPL . FEE 4 7,S.co ZONING DISTRICT Q RECORDING FEE 15%- , H . 00 DATE \ - a2 - 8o RECEIPT NO . \eltsztQ(f, APPL . CHECKED BY Tr 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 : Approximately 4. 9586 acres being a rectangle described as follows : 360 feet East and West , 600 feet North, and South adjoining 20th Street to the Southwest Corner (SW Cor) of the East One-Half (Ez) of the Southwest One-Quarter ( SW3) of Section 9 , Township 5 North, Range 66 West of the 6th P.M. , Weld County Colorado , Also included: Three ( 3) acre feet of Greeley-Loveland Irri - gation Company water per acre of land • ACREAGE : Lot "A" 4. 958 + ; Lot " B" 154 . 384 + ; Total 159 . 342+ ( incl . 0. 248 + R.O.W. ) ( incl . 1 .494 + K.O.W. Has this property been—divided from or had divined from it any other property since August 30 , 1972? Yes No X Are there any existing improvements on Lot A? Yes No X Lot B? Yes X No FEE OWNERS OF PROPERTY : Name : Near West Land Co. Address —70,7v7th Avenue Phone Name : Address Greeley, CO 8016h3dne Name : Address Phone WATER SOURCE FOR: Lot "A" 1/2 share Greeley- Lot " B" Greeley— Loveland Irrigation Co. Loveland Irrigation Co . TYPE OF SEWER FOR : Lot "A" none ; Lot " B" none PROPOSED USE FOR : Lot "A" Church bldg. ; Lot " B" Agricultural 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 mm knowledge . COUNTY OF WELD earsiallC STATE OF COLORADO ) Signature : Owner or Authorized Agent Subscribed and sworn to before me this 7; day of January , 19 80, SEAL j • otar Public My Co nm,ssIo rfY^IMI' November 8, 19£}2 My Commission expires : �'c West Greeley Baptist Church 5BC 3251 W. 22nd Street • Greeley, Colorado 80631 • (303) 352-0786 • Howard McClure, Pastor January 16 , 1980 Department of Planning Services 915 10th Street Greeley, CO 80631 Gentlemen: Please find enclosed the following : 1 . An Application for Recorded Exemption; 2 . A mylar plat of the property and three copies ; 3 . A Certificate of Conveyances ; 4 . A copy of the Specific Performance Contract between West Greeley Baptist Church and Near West Land Company; 5 . A check in the amount of $75 for the Application fee ; 6 . A check in the amount of $4 for recording the survey. A recorded Exemption is requested for this property so it can be purchased by West Greeley Baptist Church for the site of a future church. I have been advised by Near West Land Company that they intend to subdivide the rest of the contiguous property for resi - dential use sometime in the future , and I feel the site would be ideal for the location of a church. The land is presently and has historically been utilized for pasture. To my knowledge , it has never been dry or irrigated farm land . As specified in the Contract , one-half share of Greeley-Loveland Irrigation Company water will be held in escrow until such time the land is annexed to the City of Greeley, at which time it will be exchanged, pursuant to the current policy of the City , to allow the property to utilize the City of Greeley' s domestic water system. No type of sewage system has been determined for the church build- ing as it is not anticipated construction will begin until the property can be hooked up to the City of Greeley sewage facilities . Sincerely, Howard McClure , Pastor /sc "We preach Jesus Christ as Lord,and ourselves as your servants for Jesus'sake." (11 Cor. 4:5) ;a. :x it ., }, �i J Y i \/ M Jn ../ •, 1 ,g( 71 ,�firr u +��+��,, • 1. 1°�' • ,,o----.-..„-.]:, '' r .f.+ 1 ` u � .`r gYP.. O �� `t fl �I� A 147 `� 11 uAP .,$� IN wtt♦ .E III. �iI \.,t..(1/ Nei' V {s" A` S' I\ICS 1 ! Y / 44 d' ten. 1 i - ..� t4I'7 1 DF *no ,� ,co A v, N'N , , ' ♦ 1 ' ' c ch t �✓ 5A,S� �! `R �� ^� .' 9J,4. H13'� a • • y 5{R / sy� ^ •,.9g �. xNw y A .+ r d n e ? t.. r -K N H 't+. 9t \\ r .,�y' Y W. .'1 a�*• _ l l .w.A. J ,u- a• ♦ 3 ,':....4*.'�,. Whir,sa ,l J r 20 t }e / 21 2 u. LEGAL DESCRICi0NNce2s/si-nwS5d CASE NO. /c99// 5 Y V j crfh SOIL CLASSIFICATION OLD NO. NEW NO. IRRIGATED NON - IRRIGATED 53-P sl 71[6- - S2 .22T� 53/9-C P 38 e x REFERRAL LIST co 0 APPLICANT Near West Land Company CASE # RE-441 REFERRALS SENT OUT ON: January 24, 1980 Cw REFERRALS TO BE RECEIVED BY: February 13 , 1980 H cc F 7 U U 0 v? R? H W O U CC W O (4) REFERRALSRECEIVED JAN 25 1980 County Attorney (plat only) FEB 41980 County Health E-BB 4 1980 County Engineer FEB 14 1980 City of Greeley 2/12/80 Planning Commission Civic Center Complex 919 7th Street Greeley, Colorado 80631 JAN 3 " 1980 Greeley and Loveland Ditch Company Ronald Brinkman 808 23rd Avenue Greeley, Colorado 80631 1 • .� .`fie �__.. i ,1111T.1::t �yy flu I GREELEY CIVIC CENTER GREELEY. COLORADO 80631 PHONE (303) 3536123 February 13, 1980 Charles Cunliffe Assistant Zoning Administrator Weld County Department of Planning Services 915 10th Street Greeley , CO 80631 Dear Chuck : The Greeley Planning Commission at its regular meeting on February 12 , 1980 reviewed the request by the Near West Land Company for a recorded exemption on their property located north- west of 20th Street and 59th Avenue . At that meeting the Planning Commission recommended no objections to the recorded exemption provided the recorded exemption plat is amended to include an additional 20 feet of dedicated right-of-way for the future development of 20th Street to arterial status and that the church property have future access to a local street when the surround- ing area subdivides and develops . The intent of the second stipu- lation is to not permit direct access from the church property to the future arterial street . Thank you for the opportunity to review and comment on this request . If you have any questions with regards to this matter, please do not hesitate to contact our office . Respectfully , K�i,LWe 1 .11, ca �; X011121341 Ken McWilliams 4, -A /34, Pea City Planner Rt �'t98p n li KM:k a cn ifeet �a Fp N ,ec 4.ej tiff �y�6Z8ZLZ 9252nti�L "A COMMUNITY OF PROGRESS" FIELD CHECK FILING NUMBER: RE-441 DATE OF INSPECTION: 2/13/80 NAME: Near West Land CO. REQUEST: Rec orded Exemption LEGAL DESCRIPTION: Pt . E*SW* and WISE$ Section 9, T5N, R66W LAND USE: N Agricultural E " S 19 Agricultural ZONING: N Agricultural LOCATION: 1 3/4 miles west of the E Greeley City Limits s High Density/Estate U. Agricultural COMMENTS: Propsed lot A has no improvements . Proposed lot B has a residence, barn and abandoned feedlots. There is no access to Lot A. Accesses to Lot B are existing. County Road 58 (W. 20th St . ) is gravel surfaced. Lot A appears to be pasture. East side of the property was in cultivated production. Ditch runs along the west side of the property and along the northeast corner of the property. • BY: RECORDING DATA - MAPS 6 PLATS Recorded Exemption #0959-09-3-RE-W NAME OF SUBDIVISION - — -- Near West Land Company NAME OF SUBDIVIDER The East_Half of the Southwest Quarter (E -SWi) and the West Half of LOCATION OF SUBDIVISION the Southeast Quarter (W*SEk) of Sec. 9, Twn 5 N., R 66 W of the 6tE—P;)4 Weld Cody, o181823"! DATE OF RECORDING FEB 2 8 1980 BOOK RECEPTION # MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RECORDER B Y: DEPUTY COUNTY CLERK 6 RECORDER Hello