The URL can be used to link to this page

Browse Search

Home My WebLink About850856.tiff AR2028UL4 DEPARTMENT OF PLANNING SERVICES SUBDIVISION EXEMPTION ADMINISTRATIVE REVIEW NO o o Applicant: Benjamin and Joanne Rnaub Case #SE.-253 0 Legal Description: Part of the Nl N1 , Section 6, T3N, R65W of the 6th P.M. , Weld County, Colorado (see attached legal description) . a 0 3 Criteria Checklist o a Meets Criteria yr 1 a Yes No NA 0 W X 1. The proposal is consistent with the policies of the Weld County Comprehensive Plan. .. o o p4 X 2. The boundary change or temporary use location which would be allowed on the subject property on U by granting the request will he compatible with the surrounding land uses. o z H H 1 X 3. In those instances when used pursuant to ri Section 9-3 B. (2) of the Weld County Subdivision Regulations, the request is the best alternative to dispose of existing ko 017, improvements in conjunction with the companion co z Recorded Exemption. O z N Iy 0 U a APPROVED Subdivision Exemption is approved in accordance with information submitted to in in the application and the policies of the County. The Department of c'' Planning Services has determined through its review that the standards of Section 9-3 F. of the Weld County Subdivision Regulations have been met. • gx4 By C Date: October 10, 1985 Department of Planning a vices Director 850856 LEGAL DESCRIPTION A tract of land located in the North Half of the North Half of Section 6, O Township 3 North, Range 65 West of the 6th P.M. , Weld County, Colorado and U being more particularly described as follows: Commencing at the Northwest Corner of said Section 6 and considering the O North Line of said Section 6 to bear North 89° 41 ' 06" East with. all other bearings contained herein being, relative thereto; oW 03 o a4 Thence North 89° 41 ' 06" East, 2,189.80 feet to the True Point of yr W Beginning; a Thence North 89° 41 ' 06" East, 839. 16 feet; O Thence South 00° 18' 54" East, 30.00 feet; W Thence South 29° 41' 06" West, 839. 16 feet; ;hence North 30° 18' 54" West, 839. 16 feet; -▪ 'a Thence North 00° 18' 54" West, 30.00 feet to the True Point of o W Beginning; W i Said tract of land contains 7.578 acres of which 0.578 acres are included in Weld County Road No. 38 Right-of-Way, resulting in a net area of 7.000 oz H acres, more or less. --- 0 E H CFI W .1, o to W • G. CO N z oz N 0 ✓ x C143 N r) o tn O Cr) ei W • { • • RESOLUTION RE: APPROVE AGREEMENT AND ADDENDUM FOR SALE AND PURCHASE OF VACANT LAND FROM BENJAMIN AND JOANNE KNAUB AND AUTHORIZE CHAIRMAN TO SIGN 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, Weld County desires to purchase land on which to place a communications tower, and WHEREAS, Benjamin and Joanne Knaub, have agreed to sell to Weld County a parcel, containing approximately seven acres within the following tract: NON' of Section 6 , Township 3 North, Range 65 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, an Agreement and Addendum, for the purchase of the above described parcel has been presented to the Board, a copy of - which is attached hereto and incorporated herein, and - WHEREAS, after study and review, the Board deems it advisable to approve said Agreement and Addendum for the purchase of vacant land from Benjamin and Joanne Knaub. • NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement and Addendum` concerning the sale and purchase of the hereinabove ' described parcel of land from Benjamin and Joanne Knaub be, and hereby are, approved. - BE' IT FURTHER RESOLVED by the Board that the Chairman be, and" hereby; ii ' 'authorized to sign said Agreement and Addendum.'.• • I 1 •i' - 7.7. /' • Page 2 RE: PURCHASE OF LAND AGREEMENT - KNAUB The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of September, A.D. , 1985 . ‘ '/!'1 ( na� QkAf/ (�ry BOARD OF COUNTY COMMISSIONERS ATTEST: �� WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board Ja eline Johnson, Chairman ene R. Brantner, Pro-Tem D puty County Cl k APPROVED AS TO FORM: - - -- C./K r , • ' - Gor ` L � O � f County Att rney chi"/j le jail l� 1 Fra6k Ya a, chi • sv t T "..J t ST S "�„� µ.. } � .a '.a J{"x ti✓ • AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND T IS GREEMENT, made at Greeley, Colorado, this " day of , 1985 , between WELD COUNTY, COLORADO, by and th_ ugh the Board of County Commi cci odors of the Criunty of Weld] he einafter "Purchaser, " and BENJAMIN KNAUB AND JOANNE KNAUB, 3080 South Jay Street, Denver, Colorado 80227, hereinafter "Sellers. " WITNESSETH: - That in consideration of the payment by the Purchaser to Sellers of the sum of FIFTEEN THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($15,750 .00) in cash, and other good and valuable consideration, Sellers agree to sell to the Purchaser and the Purchaser agrees to purchase from Sellers the below-described property:, The parcel of land including seven (7) acres, more or less, within the following tract: The North Half of the North Half (N'N') of-- Section 6, Township 3 North, Range 65 West of the 6th P.M. , Weld County, Colorado. Said parcel of land is triangular in shape and is located approximately 3 .5 tenths of one mile west of the Northeast Corner (NE Cor) of the Northeast Quarter (NEB) of said Section 6,1 . Township 3 North, Range 65 West of the 6th P.M. , Weld County, Colorado. Said parcel of land is hereinafter referred to as the "Parcel" according to the_ terms and conditions set forth hereih The agreement of sale and purchase of JParcel is subject to the following conditions: 1 Sellers shall furnish to Purchaser a warranty deed conveying only the surface rights of the Parcel. Title insurance to be provided by Sellers.:, • 2 .•' Title shall be merchantable in Sellers, except as stated in this paragraph and in paragraph 5 . Subject, to payment or tender as above provided and compliance by Purchaser with the other terms and provisions hereof, Sellers-. shall::.. execute -and delive r good 9 sufficient. special< warranty' deed, to; Purchaser O Qv //1 6$ or;, bp mutual agreement[:atr'an 'earlier., date, conveying the:- p₹operty:free-and;'clear_'•of,1'all taxesr general. except�� taxes for 1985 , payable_:January, l 1986 and, free, and clear, of-all liens ` for:-special;; improvements`; installed, as, of,; the,_ date;;:, of Purchaser' s;: signature. hereon; whether.. assessed,- on not;-: free and clear of all liens and encumbrances, and except the recorded Page 1 of 5 Pages • • and/or apparent easements, and subject to building and zoning regulations and reserving all mineral rights to the Sellers. 3 . General taxes for the year 1985 shall be apportioned to date of delivery of deed based on the most recent levy and the most recent assessment. 4 . The date of closing shall be the date of delivery of deed as provided in paragraph 2 . The hour and place of closing shall be designated by Sellers. 5. Except as stated in paragraph 2 and this paragraph, if title is not merchantable and written notice of defect (s) is given by Purchaser or Purchaser' s agent to Sellers or Sellers ' agent on or before date of closing, Sellers shall use reasonable effort to correct said defect (s) prior to date of closing. If Sellers are unable to correct said defect (s) on or before date of closing, at Sellers' option and upon written notice to Purchaser or Purchaser' s agent on- or before date of closing, the date of closing shall be extended thirty (30) days for the purpose of correcting- said defect(s) .. . Except as stated in paragraph 2 , if . _ title' is not rendered merchantable as provided in this paragraph 5, at Purchaser' s option, this contract shall be void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser provided, however, that in lieu of correcting such defect (s) , Sellers may, within- said thirty (30) days, obtain a - commitment for owner' s title' insurance - policy -- in the • amounts. of the purchase price reflecting title insurance protection in regard to such defect (s) , - and the Purchaser shall have the option of accepting the then existing.. insured, title: in; lieu„ of, such.. merchantable, title. The Sellers= shall pay 1 the full premium::: for, such- owner' s title insurance policy. 6Th The Sellers agree to- release the . Purchaser. from { all consequential.-- damages,-: except _ as.• otherwise set: forth herein : in paragraph' 8' and except- damages caused by the negligent' or:'wiUlful - misconduct- of the. . Purchaser- 'or its employees/it present:,,, or prospective, to the remainder of Sellers' property arising out, of the' operation` and' maintenance; or repair of the tower located on the Parcel. Page 2 of 5 Pages 7 . Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed as herein provided, there shall be the following remedies: (a) IF SELLERS ARE IN DEFAULT, (1) Purchaser may elect to treat this contract as terminated, in which case all payments and things of value received hereunder shall be returned to Purchaser and Purchaser may recover such damager as may be proper, or (2) Purchaser may elect to treat this contract as being in full force and effect and Purchaser shall have the right to an action for specific performance or damages, or both. (b) IF PURCHASER IS IN DEFAULT,- (1) Sellers may elect to treat this contract as terminated,- in which case all payments • and things of value received hereunder shall be forfeited and retained on behalf of Sellers and Sellers may recover such ` damages as may be proper, or (2) Sellers may elect to treat this contract as being in full force and effect and Sellers shall have the right to an action for specific performance or damages, or both. ... (c) Anything to the contrary herein notwithstanding, in t`he event' of" any litigation arising out of this contract;' the' court' may award to the prevailing party all reasonable costs - - ' and expenses, including attorneys ' fees. 8. Sellers shall apply to Weld County, at Purchaser' s expense, for authorization pursuant to Weld County Subdivision Regulations, to create the two lots as shown on Exhibit "A. " - ' Expenses shall include costs of application fees, survey . and - -recording s costs:*M This- contract-_ shall- be contingent on:.,, final - ` approval and- recordations of appropriate plats- by>' Weld' County: 9 "' Possession-- of - the property shall' be, delivered:- . to:: Purchaser upon closing and shall not be subject- to anyuleases:; or tenancies.-- Sellers shall assume all costs of compensating any tenants or leaseholders for any damages as a result of the tgking' of any:. remainder. - .,- _ - .. - 10 . The Sellers represent and warrant as the day hereof and as of the date of the closing that neither the execution of this Page 3 of 5 Pages • • • contract nor the consummation of the transaction provided for herein constitutes, or will result in, any breach of any of the terms , conditions, or provisions, or constitute a default under, any indenture, charter, bylaw, mortgage, loan agreement, lien, lease, license, judgment, decree, order, instrument or other verbal or written agreement to which Sellers are parties of is subject or to which the property is subject, except as provided herein. 11. The sale and purchase of Parcel according to the terms stated herein shall be contingent upon the results of radio propagation testing of Parcel by Purchaser. Sellers agree to allow Purchaser or its agents entry upon Parcel for the purpose of conducting said radio propagation testing after the date of signing of this Agreement and before the scheduled date of closing. If the results of said propagation testing are not satisfactory to the Purchaser, this Agreement shall be null and void and Purchaser shall not be obligated to purchase Parcel. Purchaser agrees to inform Sellers of the results of said propagation" testing at least ten (10) days before the scheduled date of closing. 12 .,;s The sale and purchase of Parcel according to the, ternfs stated' herein is contingent upon Purchaser' s receiving approval and. obtaining any necessary permits from Federal, State, and local governments for the placement and operation of a radio tower upon Parcel. ,, 13. The purchase and sale of Parcel according, to the terms., 'ri contained herein is contingent upon Purchaser' s obtaining electric power from Home Light and Power Company, Sellers may, at any time, tap into any electric lines. running from Home Light and Power Company' s main lines to any facility maintained upon parcel by Purchaser. Sellers may tap into said lines only in accordance with Home Light and Power Company's rules •and regulations and must - :.be in.- compliance with any, and. all : local,-=. state,,; and _-.federal k ;; government_ regulations concerning., said tap on electric lines.r 14 . Sellers agree to allow Purchaser access to Parcel for the purpose of wiring Parcel for the necessary electricity to - - . operate the radio antenna proposed for the site after the date of': . signing of this Agreement and before the scheduled date of closing. Page 4 of 5 Pages • If this proposal is accepted by Sellers in writing and Purchaser receives notice of such acceptance on or before 1985 , this instrument shall become a contract between Sellers and Purchaser and shall inure to the benefit of the successors and assigns of such parties. IN WITNESS HEREOF, the parties hereto have subscribed their names this 16th day of September , 1985 . ATTEST: \l ( 6L &t t i'w" BOARD OF COUNTY COMMISSIONERS WELD NTY, COLORADO Weld County Jerk & Recorder and Clerk to the Bo d BY: Y / ( Profem airman for Purchaser eputy County C rk ` (The following section to be completed by Sellers. ). Sellers accept the above proposal this -5104 day of (_}C )//rd-- 19 8 5 . r ire 9 /9Cr� crcam 1741a/01-1''`),1-alX117 - ittu4 19d 7JJ -;';2.4yBSCRIBED AND SWORN to beforee this day -of" ' 1985 . .. • • 1,ITNESS my hand and official seal. Notary Public My Commission expires g My commission expires: 5353 West Dartmouth Ave, Denver, Colorado 20227 SUBSCRIBED AND SWORN to before me this day '. of. -- R WITNESS' my hand and- official seal. .... : Notary Public My commission expires: • Page 5 of 5 Pages • • ADDENDUM TO AGREEMENT FOR SALE AND PURCHASE OF VACANT LAND THIS ADDENDUM to Agreement for Sale and Purchase of Vacant Land, made at Greeley, Colorado, this 4th day of September, 1985 , between WELD COUNTY, COLORADO, by and through the Board of County Commissioners of the County of Weld, hereinafter "Purchaser, " and BENJAMIN KNAUB AND JOANNE KNAUB, 3080 South Jay Street, Denver, Colorado 80227, hereinafter "Sellers:" WITNESSETH: • That in further consideration of the payment by the Purchaser to the Sellers of the sum of FIFTEEN .THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($15 ,750.00) in cash, and other good and valuable consideration, Sellers and Purchaser agree to the following Addendum conditions and Purchase of which part Agreement Vacant Land between the parties and Sale dated September 4, 1985: 15 . Seller shall have first right of refusal to repurchase the Parcel when if Purchaser decides to sell Parcel. Purchaser shall notify Seller of Purchaser' s decision to sell immediately after such decision is made. . Purchaser will then take bids on said Parcel. Once the bidding is complete, Seller shall then have the right to repurchase Parcel by matching the highest bid received by Purchaser. IN WITNESS HEREOF, the parties hereto have subscribed their names this 16th day of September , 1985 , nunc pro tunc September 4 , 1965.ATTEST: "' 47- , , o'�_; BOARD OF COUNTY COMMISSIONERS ., WELD TY, COLORADO Weld County Clerk and Recorder • and Clerk to the Bo By: 0►V \ ProfemC irman for Purchaser B3� V en14—er.r rJ Deputy County C erk • Page 1 of 2 pages • • . 'Ywr� 1l� c J Benja n Knaub SUBSCRIBED AND SWOR to before me this �Q}� day of 19 , by Benjamin Knaub. WITNESS my hand and official seal. AeaCA vSk,c Notary Public My commissionexpire : I:Y COMLOS;ION EXPIRE "QS aS 5353 WEST DARTMOUTH AVENUE DENVER, COLORADO 80221 9140,/ //0 eyanne Knaub J S SCRIBED AND SWOR to before me this A(}�/ day of 1.-\( . , 19 , by Joanne Knaub. WITNESS my hand and official seal. My commission expires: . MY tet Eiis::DN EXPIRES 7 -Qs'&U 53;3;ELT DARTMOUTH AVENUE DENVER, COLORADO 80227 L i,i l• • f a , Page 2 of 2 pages EXTENSION OF TIME FOR CLOSING COME NOW the parties hereto, the Board of County Commissioners of Weld County, Colorado, by and through their attorney, the Assistant of Thomas O. David, below named, and Benjamin and Joanne Knaub, and mutually agree to extend the date of closing set forth in paragraph 2 of the Agreement for Sale and Purchase of Vacant Land recorded at Book 1085 , Reception Number 02026044 on September 25 , 1985 , to the • day of October, 1985 . BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO THOMAS O. DAVID WELD COUNT ATTORNEY • B : v /✓l,I LEE D. PtORR S N C 8067 Assistant County Attorney 915 Tenth Street P. O. Box .1948 ' Greeley, ' Colorado 80632 (303) 356-4000, ext. 4391 NJAMIp KNAUB U( ANNE KNAUB a's Y :' : .. ..'Y'!a '+a.`C •-a�Y '3` Ch 1':. '�.-ci 3 4"t 4. '� ^Y. *A:*.' _ _ E 1 r4Y .- r,_ • APPLICATION FOR SUBDIVISION EXEMPTION PHONE: 356-4000 Ext. 4400 Department of Planning Services, 915 10th Street, Greeley, Colorado 80631 FOR PLANNING DEPARTMENT USE ONLY: CASE NO. SE-25:3 APPL. FEE NA _ ZONING DISTRICT Agricultural RECEIPT NO. NA DATE October 8, 1985 APPL. CHECKED BY CAC 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) Part Nz N1 Section 6 T 3 N, R 65 W Has this property been divided from or had divided from it any other property since August 30, 1972? Yes XX No RE-751 FEE OWNERS OF PROPERTY: Name: Benjamin and Joanne Knaub' Address: 3080 S. Jay Denver, CO 80227 Phone 985-2911 Name: Address: Phone Name: Address: Phone Total acreage of the total property involved: . 7.0 Existing land use of the total property involved: vacant agricultural land Existing land use of the adjacent properties: North: agricultural South: agricultural East: agricultural West: 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 my knowledge. ''�a STATE OF COLORADO ) at COUNTY OF WELD Signatur Owner o Authorized Agent Subsciibed'nd-s*orn to before me this 8th day of October , 1985 . SEAL-1 o No Public 686l 'Pt '`l,J ca': 9 uacr;mc:o, My Commission expires: My Commission Expires Feb. 13, 1989• - - - ®PLAT OF SU/ ,Y • NW car. 5'ec.6, N.E.co,: Sect 6, T.,3N., R.65W, WELD COUNTY ROAD 38 T.3N, R.65 GU. True Point of Beginnin r- 2/89.80' 9� --� N.89°41'06"E. 839.16 2e2.2„„� o r N.00°/8'54"W. 0 O S.00'IB 54 E 30.00' .- 30.00' Propased radio lower• GroundWev. ?490,5' 7 ' wo I,, • Erb ofp,vef spnnA/eo End of pivot sprinkle 7.578 t-lc. 9rosS a'- -0.578,f1c. R.O.W. zoo() 4o. ne/ rn � 4\L\ _ a Scaler /'=ZOO' ■:Pins found o-Plns se/ , TowER CENTER of t 40°/5'40.6"La/i/u de t04-°42'00.8"Longs/ude LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN THE NORTH HALF OF THE NORTH HALF OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE 6th P.M., WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 6 AND CONSIDERING THE NORTH LINE OF SAID SECTION 6 TO BEAR NORTH 89° 41' 06" EAST WITH ALL OTHER BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; • THENCE NORTH 89° 41' 06" EAST, 2189.80 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89° 41' 06" EAST, 839.16 FEET; . THENCE SOUTH 00° 18' 54" EAST, 30.00 FEET; THENCE SOUTH 29° 41' 06" WEST, 839.16 FEET; THENCE NORTH 30° 18'. 54" WEST, 839.16 FEET; THENCE NORTH 00° 18' 54" WEST, 30.00 FEET TO THE TRUE POINT OF BEGINNING; ' SAID TRACT OF LAND CONTAINS 7.578 ACRES OF WHICH 0.578 ACRES ARE INCLUDED IN WELD COUNTY ROAD NO. 38 RIGHT-OF-WAY, RESULTING IN A NET AREA OF 7.000 ACRES, MORE OR LESS. ' • SURVEYOR'S CERTIFICATE I DO HEREBY CERTIFY THAT, UNDER MY PERSONAL SUPERVISION, THIS PLAT AND LEGAL DESCRIPTION ' WERE PREPARED AND THAT THE CORNER MONUMENTS INDICATED HEREON WERE PROPERLY:PLACED DURING AN ACTUAL AND ACCURATE SURVEY OF THE LAND COMPLETED ON SEPTEMBER 20, 1985; Qg�•flF�� ,,�� /�(J��1 —�yf ////'/j/� .s.‘",;'.• B�M••F $ GERALD B. McRAE, PROFESSIONAL ENGINEER AND _% to 6616 i LAND SURVEYOR, COLORADO REG. NO. 6616 A Hello