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HomeMy WebLinkAbout980273.tiff ORDINANCE NO. 191-B IN THE MATTER OF THE REPEAL AND RE-ENACTMENT, WITH AMENDMENTS TO CERTAIN MAPS TO ORDINANCE NO. 191, WELD COUNTY MIXED USE DEVELOPMENT PLAN, AS CURRENTLY AMENDED BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of 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 the power and authority under the Weld County Home Rule Charter and Article 28 of Title 30, CRS, to adopt planning goals and policies for the unincorporated areas of the County of Weld, and WHEREAS, the Board of County Commissioners of Weld County, Colorado, has previously adopted Ordinance No. 191, Weld County Mixed Use Development Plan, establishing a comprehensive revision of the planning goals and policies for the unincorporated areas of the County of Weld and has adopted amendments in Ordinance No. 191-A, and WHEREAS, the proposed Mixed Use Development Plan revision has been reviewed by the Weld County Planning Commission and the Board of County Commissioners, and WHEREAS, the Board of County Commissioners of Weld County hereby finds and determines that there is a need for a revision of the Mixed Use Development Plan for the County of Weld, and that this Ordinance is for the benefit of the health, safety, and welfare of the people of Weld County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that the Structural Land Use Plan Map 2.1 of the Weld County Mixed Use Development Plan be, and hereby is, repealed and re-enacted to include the following parcel: 1. NE'/ of Section 26, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado, being further described on Exhibit "A", attached hereto and incorporated herein by reference. Located south of and adjacent to State Highway 66; west of and adjacent to Weld County Road 11. BE IT FURTHER ORDAINED by the Board that this Ordinance No. 191-B, insofar as it is the same as Ordinance No. 191 as amended, is intended to be a continuation of the prior ordinance and not a new enactment. 980273 ORD191 RE: ORDINANCE #191-B PAGE 2 BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. The above and foregoing Ordinance Number 191-B was, on motion duly made and seconded, adopted by the following vote on the 30th day of March, A.D., 1998. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Constance L. Harbert, Chair Weld County Clerk to the Board W. H. Webster, Pro-Tem BY: Deputy Clerk to the Board George E. Baxter APPROVED AS TO FORM: Dale K. Hall County Attorney Barbara J. Kirkmeyer First Reading: February 11, 1998 Publication: February 25, 1998, in the Platteville Herald Second Reading: March 9, 1998 Publication: March 18, 1998, in the Platteville Herald Final Reading: March 30, 1998 Publication: April 8, 1998, in the Platteville Herald Effective Date: April 13, 1998 980273 ORD191 RE: ORDINANCE #191-B PAGE 3 Exhibit A NE' of Section 26, Township 3 North, Range 68 West of the 6th P.M.; All that part of the SE'/. of Section 26, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado, lying North of Number S Outlet Ditch, more fully described as follows: Beginning at the Northeast corner of said SE%: thence west on the North line thereof to the Northwest corner thereof; thence South on the West line thereof, 20 chains; thence along the North bank of said ditch, N. 83° 30' E. 2.89 chains; thence N. 77° E. 5.23 chains; thence N. 68° 15' E. 6.16 chains; thence N. 50° E. 5.48 chains; thence N. 65° 45' E. 1.60 chains; thence S. 80° E. 9.62 chains; thence S. 85° E. 2.98 chains; thence N. 77° 45' E. 3.59 chains; thence N. 67° E. 3.22 chains; thence N. 60° E. 3.40 chains; thence to the E. line of said quarter section; thence North on East line 8.32 chains to point of beginning; as described in warranty deed from Lawrence H. Jackson to John Reese recorded in Book 123, page 320; That part of the SE% of Section 26, Township 3 North, Range 68 West of the 6th P.M. lying South of Outlet Ditch No. 3. A complete description of the line of said ditch is found in the deed from Lawrence H. Jackson to John Reese recorded in Book 123, Page 320. The above description cover the E% of Section 26, T. 3 N., R. 68 W., Weld County, Colorado, together with all improvements thereon, also all ditches and water rights in an way connected with or appurtenant to said premises, including 12'/ shares of the capital stock of the Highland Ditch Company, together with grantor's undivided interest in the pipe line extending from the Highland ditch to the above described premises, said pipe line being used for the carrying of water from the Highland ditch, also all of the grantor's right, title and interest in right-of-way conveyance dated August 3, 1950, and recorded in Book 1277, Page 359, from Rose B. Whitman to William J. Cheley in a pipe line therein mentioned and rights thereto; together with six (6) shares of the capital stock of Outlet Ditch No. 3 and an allotment of fifty (50) acre-feet of water from the works of the Northern Colorado Water Conservancy District. 980273 ORD191 Hello