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Home My WebLink About730008.tiff WA ,?1-5-- RESOLUTION WHEREAS, the Board of County Commissioners, Weld County, Colorado, may exempt certain divisions of land pursuant to its authority under C. R. S. 106-2-33(D), 1963, as amended, and WHEREAS, Senate Bill #35 provides for an exception of transfers of land or property by operation of law or by order of court, but does not provide any exception where a conveyance is by agreement and deed under threat of condemnation, and WHEREAS, the Division of Highways, State of Colorado, has requested a blanket exemption of division of lands purchased for public purposes per letter of November 29, 1972, attached hereto and made a part hereof by reference, and WHEREAS, the Board has determined that it would be in the best interest of Weld County that said request be granted. NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners, Weld County, Colorado does hereby exclude, under 106-2-33(3)(H), C. R. S. 1963, as amended from the provisions of Article 6, Section 2, C. R. S. 1963, as amended, any transfer or subdivision of property or parcel of land, for public purposes, to or from the State of Colorado, its agencies or divisions. BE IT FURTHER RESOLVED, and the Board so finds that such a division for transfer of land is not within the purposes of C. R. S. Article 106, Section 2, The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of January, 1973. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 77 , z ' Li : , , ATTEST: ClOsi•k of the Board By« e.!stvn„/ / ,,„,/Deputy County Clerk APPROVED AS TO FORM: ---)1721/424 )S\ 171,-; County Attorney cc: Colo Dept Hwys Planning Comm Eng Dept 730008 ,tee/ .991./b? 2 parin 7;ay - uoncemnat:'.ons ox• o.o.;y Ie.a ON OF HIGht,,, 91'OSi Ay L. C. Bower WAYNE J. CAPRON CHIEF ENGINEER M V DISTRICT ENGINEER At/4\ 'T/NE NQ. STATE OF COLORADO DISTRICT NO. 4 P.O. BOX 850 1420 END STREET GREELEY, COLORADO 80831 November 29, 1972 Board of County Commissioners Weld County Court House Greeley, Colorado 80631 Gentlemen: In preparing for right of way purchases for highway projects within your County, we find it advisable to ask you to adopt a resolution for an exception of transfer of land or property con- cerning Senate Bill 35. Senate Bill 35 does not provide any exception where a convey- ance is by agreement and deed under threat of condemnation. Rather than request a resolution for each parcel of land we purchase, we felt a general resolution covering all purchases would be more convenient. We submit herewith a copy of a letter dated November 21, 1972 from the Attorney General's office setting forth a proposed resolu- tion for your consideration. Please let us know of the action taken on this matter, or if we may furnish further information concerning the resolution. Very truly yours, WAYNE J. CAPRON DIS ICT ENGINEER Y/ DMG:mm By 1-ekLI-/ / Encls. Denny . Graham cc: W. J. Capron District Right of Way Engineer J. P. McFall J. C. Peterson ` f y Ke z p , �f I K COMMISSION MEMBERS - LEGISLATIVE ADVISORS JOHN R. CROWLEY,Chairmen SEN. JOSEPH B. SCHIEFFELIN DIETZ LVSK. JR., Vice-Chairman STATE OF COLORADO SEN. CLARENCE A. DECKER HARRY A. CORNELL. Secretary JOHN A. LOVE,G0VERN0R REP. DOMINIC A. COLOROSO LEON DuCHARME, Treasurer REP. EDWARD I. NEWMAN REP.SANDERS G. ARNOLD OFFICE OF REXER RAYECRNDT AMPBELL COLORADO LAND USE COMMISSION Staff DDir DtoPETER5 SILL GOSSARD 762 State Capitol Annex MAX KREY Denver. Colorado 80203 M3)1192-2778 • December 14, 1972 • Mr. Burman Lorenson Planning Director Weld County Courthouse Greeley, Colorado 80631 Dear Burman: I have reviewed the proposed changes to yoar subdivision • regulations as noted in the attachment to pour letter of December 13th. • My opinion is that your exemption section now complies with the enabling provision as setforth in S.B.'!, 35. I am pleased with your approach, and believe that it is one of the most enlightened methods exibited thus far of handling the county' s discretionary exemption powers. Again, thanks for your cooperation in working to achieve the end desired by us both. If I can be of further assistance, please contact me at your convenience. F. Si cerely, itat2t eigH Gilbert F. 'McNeish Esq. Staff Consultant is n= COlh iT J WELD •-• t I ,th r.c Of N oar; '-\ of County COmm stir r ' DEC 18 1972 \ p;c.\---fl I s.. If' COWNAT CLERK AND RECJPJ-R 'r �Y CeDuty L L �. ! /y�` SL'! 7,-63i;•• 'a u daalcins A� I\ �. '� (/ a P.irt ;a €irr..ay nt a .19wt.l ✓ !' ' r'�' a t4 '.a.., a etkMRf tir,b4>I} uap uat 4I! " �1 zt-yy+� (A Y'ul ggpr a ,il.ntF d ao aysp 1‘41.4q $ a gqq�pk(�'� 7 I a A .+AE tits e4; u del 1 : aaigns ••• N�� 1 7s )t);$1',41inlf: 444.1-3 03t14A00,t ✓0334n COMMISSION MEMBERS 4'� sw .n r AA;;.t.)47.- ,j a) ., v `Ci LEGISLATIVE ADVISORS JOHN R. CROWLEY, Chairman �'"' SEN. JOSEPH R. SCHIEFEELIN DIETZ LOSE, ,,R., Vice-Chairman '""""' ""'H''F'�©l"�iT'fh'{JS°'"'"`'""' SEN. CLARENCE A. DECKER HARRY A. CO:RNELL, Secretary JOHN A. L0VE,G0VERN0R REP. DOMINIC A. COLOROSO LEON DUCHARME. Treasurer REP, EDWARD I. NEWMAN REP.SANDERS G. ARNOLD OFFICE OF RNDT MRS.DR. EX RAYEER CAMPBELL COLORADO LAND USE COMMISSIONCLAVDE De. PETERS Stal/Oireet3/ MAX KREY5AR0 782 State Capitol Annex Denver. Colorado 80203 (303) 892-2778 e rl d O 4V/r<> /,› December 4, 1972 1U.. VOA Sti `^-J ,• V": 3� c(; I�.y :. Y•O ' a C4,) Mr. Burman Lorenson kr' �_, :• ✓ • Planning Director The Weld County Planning Comm. ci //m v . 9th St. and 9th Ave. • Greeley, Colorado 80651 Dear Burman: This letter serves as confirmation o£ our agreement made by phone today regarding the medatf0.cations required of Weld County SubdiyisliAlmoliewilations. Senate Bill 35 states that a county should say that a divis d is either a subdivision, and thus required to go through the a ess; or, it is a division which is exempt thus avoiding the process. With respect to the exemption power granted to the Board of County Com- missioners, the Board may require submission of certain information as part of a formal request for exemption. This information may be reviewed by the Board in its process of making a determination as to the status of the land division. That is, the Board will review this information to determine whether the type of division in question comes within the intent of Senate Bill 35. The decision will be made from an information base which, in effect, represents a modified version of the information required in a full subdivision review process. This method suggests accomplishing the desired end without introducing a new concept - the minor subdivision and related modification of the subdivision review process. It works within the statutory "exemption" provision, yet requires the otherwise desirable information during the exemption process. In this regard, I suggest that you retitle Section 9 of your regulations from "Minor Subdivision" to "Exemption Rules and Regulations . "_ The effect of your review under this section is to determine that "tWnTvision is "exempt" from the definition of subdivision. Thus , it is not either a "subdivision" or a "minor subdivision, " it is a "division of land determined to be exempt from the definition of subdivision. " In short, the intent of. your Segtign 9 is quite acceptable with thespgci.fi. g,eN elimination of the wording "minor subdivision. " 1.33HS 33N383.431:1 SSO8O i ." ' e 5 r,_'r'a noPsa lsalgr+9 as y t i s 't �mys. 06A1J�0p,3�51“4:44 f " 'f5 St Y r ,;,}�..c5,..�,94 /14 " 61a2 Mr. Burman Loren son °{tp _ 1 " �q5 ' "° }u xsoizp naq`n€ 'Y fir;, ii r{ Aa e�,m +a % Jun vo do; 1, 1..nf 4/ 1 u nix t Y d5,d a..u .,a.x5. Ur.r.4 a;ueaa;ai solo en; r,47rt� li.mczeiln , xa,{t d n�.. ...._ .tea.» ....,.;», Also note that the "plat" offered by the one submitting it for an exemption decision should be recorded with that exemption noted on its face, thus serving as reference of such status for the Board as well as subsequent purchasers. I hope that you find my comments to be a true representation of the agreement that we verbally reached today by phone. If you have any further questions, please call me at your convenience. Again, thanks for your cooperation in working with me to resolve this difference. Sincerely,7,0 /f•Gi bert F. McNeis , Fsq. GPM/lw cc: Board of County Commissioners win try e6au 133HS 30N31:13J38 990}30 ;</✓t � s CROSS REF CE SHEET N,- - C OMMISY�II lY1 ET}�BEASy'a, "` LEGISLATIVE ADVISORS JOHN R. CROWLEY, Chairman STATE OF COLORADO BEN. JOSEPH B. SCHIEFFELIN DIETZ LUSK, JR., Vice Chairman SEN. CLARENCE A. DECKER HARRY A. CORNELL, Secretary JOHN A. LOVE,GOVERNOR REP. DOMINIC A. COLOROSO LEON DuCHARME Treasurer REP. EDWARD I. NEWMAN REP. SANDERS G. ARNOLD OFFICE OF DR. REXER RERNDT CLAUDE D. PETERS MRS. E. RAY CAMPBELL COLORADO LAND USE COMMISSION Staff Director BILL GOSS `f"`dlcig 762 State Capitol Annex MAX KREv - Denver. Colorado 80203 (303) 892-2778 November 27, 1972 Board of County Commissioners Weld County 9th Street and 9th Ave. Greeley, Colorado 80651 Gentlemen: Please be advised that the Colorado Land Use Commission has formally determined that the subdivision regulations of Weld County are not in compliance with current state law pursuant to Chapter 106-2 C.R.S. (1963) as amended. The provision in quesiton is as follows: BREG PROVISION PROBLEM . - Provisior for Minor Subdivisions Not provided for by law. Name or Ma, The Land Use Commission has determined further that the Commissioners of Weld County are allowed a sufficient period of time during which they may request a hearing to appeal this specific finding of non-compliance. In this case, the Commission staff should be notified promptly. At this time, the Land Use Commission also has .formally stated its inten- tion to promulgate proper provisions consistant with state law in place of those noted above as it is charged to do pursuant to Chapter 106-2-34 (1 ) C.R.S. (1963) as amended. Specific action in this regard will be taken in January if adequate subdivision regulations are not adopted by that time. A date and place for a public hearing for this purpose will be established by the Land Use Commission in the event Commission action is necessary. Please advise the Land Use Commission staff of your intentions with respect to the matters noted above so that. an early resolution of the situation may be achieved. If you have any questions, please contact the staff at your convenience. swot Or COl o!zADo I1 S Sincerely yours, ] !/�/1 if fliP;ie cre�3 rfer�vlf rrn u�l. r 1 ;72,r'a- I Mf��S ,Vn'..-" � w;✓ Vr Ma jc, at it Ss o .r.�FMrr hd.Cr�-*v:.✓ 't'� � .: I t i slrt ` , tale ri, e f pa��`PCIr�� ;escrr natter -Cr-LW-4 ° " I G i 1 bert F. McNeish, Esq.'W V/'"` P' Tor c3r,rt firrelo l,rJl$p[1j3; �-r iPy9�ief,5 i .—•,•k.+k- °�-- •-�' • Staff Consultant la��' tbrmsslvas she �l.,h,_"�',t1.,i,Y der r„me 11 f/ '+N I ar subject a•.ter sM T Director Hello