HomeMy WebLinkAbout920490.tiff RESOLUTION
RE: APPROVAL OF SUBDIVISION EXEMPTION NO. 430 - W.S.W. , INC. , C/O THOMAS E.
SELDERS
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 has reviewed the request of
W.S.W. , Inc. , c/o Thomas E. Selders, for an exemption from the definitions of
"subdivision" and "subdivided land" in Section 30-28-101(10) (d) , CRS, as amended,
and Section 2-1 A. (3) of the Weld County Subdivision Regulations, and
WHEREAS, this Subdivision Exemption request from W.S.W. , Inc. , c/o Thomas
E. Selders, is to legally create a piece of property to be purchased from the
Union Pacific Railroad Company, and
WHEREAS, said land is located south of Weld County Road 66 and east of
Highway 85, being more particularly described as follows:
Part of the WI of Section 29, Township 6 North, Range 65
West of the 6th P.M. , Weld County, Colorado
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the above described parcels be, and hereby are, declared
to be exempt from the definitions of "subdivision" and "subdivided land" as set
forth in Section 30-28-101(10) , CRS, as amended, and Section 2-1 A. (3) of the
Weld County Subdivision Regulations.
BE IT FURTHER RESOLVED by the Board that this approval is conditional upon
the applicant submitting a mylar plat to the Department of Planning Services to
be recorded in the office of the Weld County Clerk and Recorder. The plat shall
be drawn in accordance with the requirements of Section 9-3C. (4) of the Weld
County Subdivision Regulations. The plat shall be submitted within sixty days
from the date of approval by the Board of County Commissioners. The applicant
shall be responsible for paying the recording fees.
920490
SUBDIVISION EXEMPTION NO. 430 - W.S.W. , INC. , C/O SELDERS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 3rd day of June, A.D. , 1992.
PP9�I/�d,�,��''��1� f BOARD OF COUNTY COMMISSIONERS
ATTEST: Y. 444/6"471 WELD COU TY, COLORADO
Weld County Clerk to the Board
Ge e Ken y, C airman
BY: \1. < (
Deputy Z1erk to the Board onstance L. Harbert, Pro-Tem
a _
APPROVED AS FORM: ��G
C. W. Kirb
County Attorney Gor . a y
Alled W. b� ��
H.
920490
11
DEPARTMENT OF PLANNING SERVICES
PHONE(303)3564000,EXT.4400
915 10th STREET
11 ' GREELEY,COLORADO 80631
C.
COLORADO
June 3, 1992
Board of County Commissioners
Weld County Centennial Center
915 Tenth Street
Greeley, CO 80631
Subject: Subdivision Exemption 430
Dear Commissioners:
This request for a subdivision exemption is submitted by WSW, Inc. c/o Thomas E.
Selders. The parcel of land on which this request is being made is described as
part of the W2 of Section 29, T6N, R65W of the 6th P.M. , Weld County, Colorado.
The property is located south of Weld County Road 66, east of Highway 85. The
applicant has contracted to purchase this 18 acres, more or less, from Union
Pacific Railroad. The parcel is abandoned railroad right-of-way. The Board
approved a change of zone request for this property on June 1.
Section 2-1 A. (3) of the Weld County Subdivision Regulations allows the Board
of County Commissioners to exempt from the definitions of the terms "subdivision"
and "subdivided land" , any division of land if the Board determines that such
division of land is not within the purposes of the subdivision regulations.
The Department of Planning Services' staff recommends the Board of County
Commissioners approve this request and determine that this division of land is
not within the purposes of the Weld County Subdivision Regulations . The staff's
recommendation for approval is conditional on the applicant submitting a mylar
plat to the Department of Planning Services to be recorded in the office of the
Weld County Clerk and Recorder. The plat shall be prepared in accordance with
the requirements of Section 9-3 C. (4) , of the Weld County Subdivision
Regulations. The plat shall be submitted within sixty (60) days from the date
of approval by the Board of County Commissioners. The applicant shall be
responsible for paying the recording fees.
Sincerely,
Lanell J. anson
Current Planner
LJS/bj s
920490
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FIELD CHECK
FILING NUMBER: Z-471 DATE OF INSPECTION: April 30, 1992
APPLICANT'S NAME: WSW, Inc. , c/o Thomas E. Selders
REQUEST: A Change of Zone from C-3 (Commercial) to I-3 (Industrial) .
LEGAL DESCRIPTION: Part of the W2 of Section 29, T6N, R65W of the 6th P.M. ,
Weld County, Colorado.
LOCATION: Approximately .5 miles north of the City of Greeley; south of Weld
County Road 66, east of Highway 85.
LAND USE: N Weld County Road 66, Farm equipment storage, 1 residence,
agricultural production.
E Ditch, agricultural production.
S Livestock confinement operation.
W Railroad right-of-way, hog confinement operation, Highway
85.
ZONING: N A (Agricultural)
E A (Agricultural)
S I-3 (Industrial)
W A (Agricultural)
COMMENTS:
Access to this property is from Weld County Road 66 , a paved County local. The
property is currently vacant and is flat. Southeast of this property is a steel
fabrication business.
(^/
r ent Pla- e• ,
J?sF+�e,Jr,s n
W ry iiyp „%w7
APPLi.,ATION FOR SUBDIVISION EXEMPTION O
Department of Planning Services, 915 10th Street, Greeley, C•; '.; a• •(i��
PHONE: 356-4000 Ext. 4400 1 �I
*0/d
FOR PLANNING DEPARTMENT USE ONLY:
CASE NO. APPL. FEE SO O n S �
ZONING DISTRICT
RECEIPT NO. 1 jS J 3`,
DATE APPL. CHECKED BY
TO BE COMPLETED BY APPLICANT: (Print or type only except for required
signatures) :
TYPE OF EXEMPTION REQUESTED (check one)
Property line adjustment _ Used with Recorded Exemption
_ Financing purposes _ Public utility facility
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 .
Legal description: part of W z Section 29 T 6 N, R 65 W
Total Acreage 18.29 +/-
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: WSW, Inc. (currently purchasing from the Union Pacific Railroad Company)
Address: PO Box 1290, Greeley, CO 80632-1290 Phone 303-356-9600
Name: Union Pacific Railroad Company Phone 402-2/1-5493
Address: c/o Real Estate Dept. Room 1100
1416 Dodge Street, Omaha, NE 68179-1100
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 )
Signature: Owner or Authorized Agent
WSW Inc. , Thomas E. Selders, Vice President
Subscribed and sworn to before me this (9/ day of C�/241. , 19 9a.
Witness my hand and official seal. /(h'
SEALScA< Caidoce-
Notata Public
eve7rRp
My Commission expires :
9 /02-- 9a— .�.r� ►
W.S.W., Inc.
P.O. Box 1290
Greeley, Colorado 80632-1290
(303) 356-9600
April 21 , 1992
Weld County, Colorado
Department of Planning Services
Attn: Ms . Lanell Swanson
915 10th Street
Greeley, CO 80631
Subject : Application for Subdivision Exemption
Dear Ms . Swanson:
Attached is an application for subdivision exemption which is
being submitted along with rezoning request case number Z-
471 . This application and enclosures follow the format of
your instructions and are described as follows .
1 . The completed application form is attached.
2 . The purpose of this application is to legally create a
piece of property which our company is purchasing from the
Union Pacific Railroad Company and to determine that this
division of property is exempt from the subdivision
regulations . This is necessary so that we can proceed with
the rezoning and purchase of the property.
3 . A copy of the purchase agreement for subject property is
attached. WSW, Inc . is currently purchasing the property
from the Union Pacific Railroad Company.
4 . A complete and accurate legal description of the property
is attached.
5 . A plot plan for the property is attached.
As representative of the applicant , WSW, Inc . , I am prepared
to meet with you and to provide any additional information
that you request or answer any questions . Please do not
hesitate to call at my office at Big R Manufacturing &
Distributing, Inc . , 356-9600 .
Sincerely, (^
r—Tk6YN..t c� Cam._
Thomas E. Selders
Vice President
WSW, Inc .
encl
UNION PACIFIC RAILROAD COMPANY
PEAL ESTATE DEPAPT VENT
rwwe: a A ANTHONY
Z4'.:E_RGEN 1f6 DIRECTOR-CONTRACTS
D.D.BROWN
DIRECTOR REALESTATE 5-_-_S
D H.LIGHTWINE
i..
9A,54m4 EPRASKA sa.-u-. Of April 7 , 1992 DIRECTOR-FIELD OPERAT'C'S
:4,.Y�m� .._-'..SiPi D!R ECTOR-SPEQA PR0. _ S
W F SOMERVEL'_
137-75 DIRECTOR-JC!n-FAC_'E=
VIA AIRBORNE DUPLICATE ORIGINAL
RAILROAD COPY
Mr. Sid Wilke
President, W. S .W. , Inc.
c/o Mr. Glenn Billings
Weber Realty Inc.
3835 West 10th St
Greeley, CO 80634
Dear Mr. Wilke:
This letter is to confirm the understandings reached
between Union Pacific Railroad Company (Railroad Company) and
W. S.W. , Inc. (Purchaser) covering possible conveyance by the
Railroad Company to the Purchaser of certain property (Property)
in Weld County, Colorado, as hereinafter defined in Section 1.
The undersigned is willing to recommend to the Railroad
Company' s Management a sale of the Property subject to the
following terms and conditions:
1. Description of Property:
The Property to be conveyed shall consist of a parcel of
land totalling approximately 18 . 29 acres, as generally
depicted on the print attached hereto marked Exhibit "A. "
The exact area to be conveyed will be determined by the
Railroad Company following review of a survey of the
property conducted by McRae & Short, Inc. on January 13 ,
1992 . An easement for non-exclusive use of a roadway
across the area shaded yellow on Exhibit A will be reserved
by the Seller; an easement for non-exclusive use of a
roadway across the area shaded red on Exhibit A will be
conveyed by Seller to Purchaser.
2 . Consideration - Sale Price:
The sale price (Sale Price) for the Property shall be
$82 , 555 . 00 , computed as follows:
18 . 29 acres x $4 , 500 per acre = $82 , 305 . 00 , plus a
$250 . 00 administrative fee for preparation of the
documents, totals $82 , 555 . 00
3 . Terms - Conveyance - Possession:
Terms of the sale will be as follows:
A $1, 000. 00 earnest money deposit has been tendered to Weber
Realty; and
The balance of $81, 555 . 00 will be payable in cash or by
cashier' s or certified check upon delivery of deed and
possession of the Property will be given at that time.
The Property will be conveyed by Quitclaim Deed, as is,
where is, without any warranties, and subject to all condi-
tions, restrictions, reservations, easements and encumbranc-
es whether recorded or otherwise applicable to the Property.
Existing agricultural leases for portions of the Property
will be assigned at closing as will license agreements,
including those for gas pipelines, to the extent the
Property is affected by them. A list of leases and licenses
to be assigned is attached as Exhibit B. Notwithstanding the
foregoing, Railroad Company shall cooperate with and assist
Purchaser to effect the closing of and complete this
transaction and shall furnish the Purchaser with whatever
records, prints, archival information or other evidence,
which Railroad Company may have bearing upon the use of or
title to the Property, during the time the Property was
owned by the Railroad Company and/or its predecessors.
Purchaser assumes the risk of and agrees to indemnify and
hold Railroad company harmless, and to defend Railroad
Company against and from any claims, costs, liabilities,
expenses (including, without limitation, court costs and
attorney fees) , or demands of whatsoever nature or source
for any defects or environmental problems, latent or ob-
vious, discovered or undiscovered in the Property being
conveyed.
4 . Title Insurance and Abstract of Title:
The Railroad Company will not furnish Title Insurance nor an
Abstract of Title to the Property; however Purchaser may
independently obtain same. If associated title research
indicates ownership other than Union Pacific Railroad
Company or discloses title defects (other than utility or
roadway encumbrances or regulatory restrictions on use of
the Property) that the Railroad Company is unable to cure
prior to closing, the earnest money deposit shall be
refunded to the Purchaser upon written request by the
Purchaser to the Railroad Company and submittal of
supporting evidence of the title defect, without further
obligation by either party to the other.
5 . Minerals:
It is understood that the Railroad Company will reserve all
of its right, title and interest in and to the minerals and
mineral rights applicable to the Property without right of
surface entry.
6 . Offer-Closing:
This offer shall continue in full force and effect for a
period of thirty (30) days from the date hereof. In the
event this offer is not accepted by the Purchaser within
such thirty (30) day period, then this offer shall be null
and void.
This transaction shall close thirty (30) days after accep-
tance by the Purchaser and approval by Railroad Company
Management as hereinafter set forth or sooner as may be
mutually agreed upon between Seller and Purchaser. Costs for
real estate closing and settlement services will be shared
equally by Seller and Purchaser.
7 . Tax Proration:
Local property taxes, if any, and other assessments applica-
ble to the Property shall be prorated as of the date of
closing.
8 . Submission to Railroad Company Management:
Following receipt of the Purchaser ' s acceptance and approval
of this Letter of Understanding, this proposal will be
submitted to Railroad Company Management for review and
approval. If the Letter of Understanding and the sale
contemplated herein is approved by such Management, the
Railroad Company shall promptly advise the Purchaser and
prepare the necessary documents to complete this transac-
tion. The parties hereto shall promptly thereafter take the
necessary steps to close this transaction as provided for
herein.
9 . Letter of Understanding
It is understood and agreed that this document is a Letter
of Understanding and not an Agreement to Purchase/Sell until
accepted by the Purchaser and approved by Railroad Company
Management. Either of the parties hereto shall have the
right to terminate negotiations for the Sale/Purchase of the
Property at any time prior to such acceptance and approval
without any obligation by either of the parties hereto to
the other party.
10. Negotiations:
Y..,
Negotiations relative to this transaction have been carried
on with the intervention of Glenn K. Billings, agent for
Weber Realty Inc. , acting for and on behalf of the
Purchaser. Purchaser agrees to pay any fees for services,
including commissions, owing to Glenn k. Billings and/or
Weber Realty, Inc. Except as aforementioned, no persons or
third parties have been involved in this transaction giving
rise to any valid claim against either of the parties hereto
for brokerage commission or other like payment. Each party
hereto shall indemnify and hold harmless the other party
against and from any and all claims for brokerage commission
or other like payments arising out of this transaction.
11. Transfer Documentation and Excise Tax:
All real estate transfer, documentation and/or excise taxes
resulting from this transaction will be paid for by the
Purchaser.
12 . Governmental Approvals
It is understood between the parties that this transaction
is subject to any and all governmental restrictions and
regulations regarding this transaction and the intended use
of the Property by the Purchaser, including, but not limited
to, subdivision and zoning regulations and building and
environmental permits. Purchaser, at Purchaser' s sole
expense, shall endeavor to satisfy all governmental
requirements and obtain all necessary permits. In the event
the Purchaser is unable to satisfy such requirements or
obtain the necessary permits prior to closing, Purchaser
shall, upon written notification to the Railroad Company,
elect to terminate this transaction and receive refund of
the earnest money deposit with no further obligation by
either of the parties to the other.
If the foregoing reflects your understanding of the
arrangement reached between the Railroad Company and the Purchas-
er with respect to the purchase/sale of the Property, please
secure the execution of this Letter of Understanding and return
to me the copy of this letter marked "Duplicate Original-Railroad
Copy, " advising the correct legal entity in which the Purchaser
desires to take title to the Property.
Yours truly,
D. D. BROWN
Director - Real Estate Sales
Accepted and approved on this day of , 19_
By
Title to the Property will be taken in the following name:
State of Incorporation
Mailing Address
CC: Mr. Glenn Billings - Weber Realty Inc.
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LEGAL DESCRIPTION
A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 29 , TOWNSHIP 6 NORTH, RANGE
65 WEST OF THE 6th P.M. , WELD COUNTY , COLORADO AND BEING MORE PARTICULARLY DES-
CRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 29 AND CONSIDERING THE NORTH
LINE OF THE NORTHWEST QUARTER OF SAID SECTION 29 TO BEAR SOUTH 89° 57' 08" EAST
AND.WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE SOUTH 89° 57' 08" EAST, 193.82 FEET ALONG SAID NORTH LINE TO A POINT
LYING 100.00 FEET AS MEASURED AT RIGHT ANGLES TO AND EASTERLY OF THE CENTERLINE
OF THE UNION PACIFIC RAILROAD .(IIAIN TRACK) , SAID POINT BEING THE TRUE POINT
OF BEGINNING;
THENCE SOUTH 89° 57' 08" EAST, 102.67 FEET CONTINUING ALONG SAID NORTH LINE;
THENCE SOUTH 13° 02' 34" EAST, 1788.81 FEET (PLATTED 1796.7 FEET) ALONG A LINE
PARALLEL TO AND 200.00 FEET AS MEASURED AT RIGHT ANGLES TO AND EASTERLY OF THE
CENTER LINE OF SAID UNION PACIFIC RAILROAS;
THENCE 1265. 19 FEET ALONG THE ARC OF A 6 00' 00" CURVE TO THE LEFT WHOSE
RADIUS IS 954.93 FEET, CENTRAL ANGLE IS 75° 54' 40" , TANGENT IS 744.88 FEET
AND WHOSE CHORD BEARS SOUTH 50° 59' 54" EAST, 1174.66 FEET;
THENCE SOUTH 88° 57' 14" EAST, 533.34 FEET, PARALLEL TO AND 75.00 FEET AS
MEASURED AT RIGHT ANGLES TO AND NORTHERLY OF .THE CENTERLINE OF THE UNION PACIFIC
RAILROAD SPUR L;NE TO BRIGGSDALE;
THENCE SOUTH 01 02' 46" WEST, 50.00 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF
SAID SPUR LINE;
THENCE 1573.40 FEET ALONG THE ARC OF A 4° ;3' 30" CURVE TO THE LEFT WHOSE
RADIUS IS 1171 .28 FEET, CENTRAL ANGLE IS 76 58' 00" , TANGENT IS 931 .12 FEET
AND WHOSE CHORD BEARS SOUTH 52° 33' 46" WEST, 1457.74 FEET TO A POINT LYING
100.00 FEET AS MEASURED AT RIGHT ANGLES TO AND EASTERLY OF THE CENTERLINE OF
THE UNION PACIFIC RAILROAD (MAIN TRACK) ;
THENCE NORTH 13° 02' 34" WEST, 3518.66 FEET ALONG SAID LINE TO THE TRUE POINT OF
BEGINNING;
SAID TRACT OF LAND CONTAINS 18.2948 ACRES, MORE OR LESS, AND IS SUBJECT TO A
30.00 FOOT RIGHT-OF-WAY FOR WELD COUNTY ROAD NO. 66 ALONG THE NORTH LINE OF
SAID TRACT AND ALL OTHER EASEMENTS AND RIGHTS-OF-WAY AS GRANTED OR RESERVED BY
INSTRUMENTS OF RECORD OR AS NOW EXISTING ON SAID TRACT OF LAND.
cretwe- , DEPARTMENT OF PLANNING SERVICES
PHONE(303)356-4000,EXT.4400
91510th STREET
El ' GREELEY,COLORADO 80631
C.
COLORADO
April 22, 1992
Thomas E. Selders
W.S.W. , Inc.
P.O. Box 1290
Greeley, CO 80632
Subject: SE-430
Dear Mr. Selders:
Your subdivision exemption application is complete and in order and will be
processed by our office when the Change of Zone application is processed.
You will be informed of the Board of County Commissioners hearing date prior to
the hearing. The Board of County Commissioners will then consider your
application and make a final decision on the subdivision exemption.
If you have any questions concerning this matter, please feel free to call me.
Respectfully,
Lanell J. Swanson
Current Planner
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