HomeMy WebLinkAbout730824.tiff Pk'r
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RESOLUTION
WHEREAS, it has been determined by the Board of
County Commissioners , Weld County, Colordo, that a proposed
sale of a tract of land more particularly described as follows ,
to-wit :
A parcel of land situate in Section 25 , Township
1 North, Range 68 West of the 6th P .M. , Weld County ,
Colorado , more particularly described as follows :
Beginning at the Southeast Corner of Section 25 ,
Township 1 North, Range 68 West of the 6th P.M. ,
thence along the South line of Section 25 on a
bearing of South 89°58 ' West, 1, 359. 21 feet to
the Western right-of-way boundary of the Union
Pacific Railroad, thence along said right-of-way
on a bearing of North 24°06 ' 40" West , 2 , 168 . 29
feet to a point being the True Point of Beginning;
thence continuing along said right-of-way on a
bearing of North 24°06 ' 40" West, 843. 66 feet ,
thence on a bearing of South 00°56 ' West, 770 . 37
feet, thence on a bearing of North 89°58 ' East,
357. 19 feet to a point on the Western right-of-way
boundary of the Union Pacific Railroad also being
the True Point of Beginning, containing 3. 158
acres more or less .
to the Adolph Coors Company toprnddeadequate acreage
for the construction of a railroad spur to service adjacent
propoerty, this will eliminate much of the trucking which would
otherwise be required to service the site with regard to liquid
hydrocarbons, and does not come within the purview of the definition
of the terms "subdivision" and "subdivided land" as set forth
in CRS 106- 2- 33, (3) (a) and (b) 1963, as amended, and
WHEREAS , the Board of County Commissioners of Weld
County, Colorado, desires to exempt this particular division
of land for the aforesaid reasons pursuant to its authority
under CRS 106-2- 33(d) , 1963, as amended,
NOW, THEREFORE , BE IT RESOLVED, that the proposed sale
and development of the hereinabove described tract of land to
Adolph Coors Company for the sole purpose of constructing the
aforementioned railroad spur be exempted from the definition
of the terms "Subdivision" and "subdivided land" as provided
for in the new Weld County Subdivision Regulations at Section
2- 1, A. , (3) adopted August 30, 1972 .
The above and foregoing resolution was , on motion
duly made and seconded, adopted by the following vote on the
17th day of October, 1973.
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST�:
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COUNTY CLERK ND RECORDER
AND CLERK TO THE BOARD
730824
ItY1 a uty County C1�J
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,4742/3
ant/Applicant
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The owners of the following described oronerty have requested
an exemption from Section 2-1 of the !Meld County Subdivision
regulations adopted September 1972 which defini3 the/ term
subdivision :
A parcel of land situate in section 25, •
Township 1 Korth, flange 88 Nest of the 8th-
Principal Meridian, Weld County, Colorado,
more particularly described as follows:
Beginning at the Southeast Corner of Section
25, Township 1 North, Range 68 West of the
6th P.M. , thence along the South line of Sec—
tion 25 on a bearing of South 89°58'West,
1,359.21 feet to .the Western right-of-way
boundary Of-the Union Pacific Railroa.d,
thence along said right-of-way on a bearing
of North 24'06'40" West, 2,168.29 feet to a '
point being the True Point .of Beginning; thence '
continuing along said right-of-way on a bearing
of North 24°06'40" West, 843.66 feet, thence
on a bearing of South 00°56' West, 770.37 feet,
thence on a bearing of North 89°58' East, 357.19
feet to a point on the Western right-of-way
boundary of the Union Pacific Railroad also being
the True Point of Beginning, containing 3.158
acres more or less.
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1 ' i gar 170.3 �n -.--------.--�----. -_..---.---�_..__---- Your Aaiun Cr Reply is R•:+uir�J
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Applicant
The owners of the following described nronerty have requested
an exemption from Section 2-1 of the Weld County Subdivision
regulations adopted September 1972 which defines the term
•
subditiisi ^^
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*. le
•
The Planning Department has reviewed this request and recom-
mends that the request be Ael3e/e.wov for the following
reasons :
DOES DOES NOT
x Require grater
•
XRequire server
Y Create traffic problems
Fall in flood plain
XAgree with Planning Commission Policy
• X Create housing
•
y Agree with surrounding land use
V' Neet all known requirements
Comments :
I :ar'ar
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; • rte,
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MILLER, RUYLE, STEINMARK AND SHADE
ATTORNEYS AND COUNSELORS AT LAW
. TEL. 303-952-9467
DAVID J rluaa
*MUCKY. D. DOLLAR 1 004A NINTH AVENUE
1tlWw e. SHAPE P. O. BOX 1424
•LVIN L anINrANN
GREELEY, COLORADO 60631
September 11 , 1973
Board of County Commissioners
Weld County
Weld County Court House
Greeley, Colorado 80631
Re: Request for Exemption
Gentlemen:
Adolph Coors Company, by and through this law firm, hereby
requests exemption from the so-called Senate Bill 35 (a.RR.�S.
106-2-9, et seq. , as amended, 1972) and Section 2-1 of the
Official Subdivision Regulations of Weld County, Colorado
for the following described lands :
A parcel of land situate in Section 25,
Township 1 North, Range 68 West of the 6th
Principal Meridian, Weld County, Colorado,
more particularly described as follows :
Beginning at the Southeast Corner of Section
25, Township 1 North, Range 68 West of the
6th P.M. , thence along the South line of Sec-
tion 25 on a bearing of South 89°58'West,
1,359.21 feet to the Western right-of-way
boundary Of-the Union Pacific Railroad,
thence along said right-of-way on a bearing
of North 24'06'40" West, 2,168.29 feet to a
point being the True Point of Beginning; thence
continuing along said right-of-way on a bearing
of North 24°06'40" West, 843.66 feet , thence
on a bearing of South 00°56' West, 770,37 feet,
thence on a bearing of North 89°58' East, 357 .19
feet to a point on the Western right-of-way
boundary of the Union Pacific Railroad also being
the True Point of Beginning, containing 3.158
acres more or less.
n r)
Board of County Commissioners -2- September 11, 1973
This request and petition is made pursuant to C. S. 106-2-33
(3) (d) , as amended, 1972, and Section 2-1 (A)=(a)mof said Regu-
lations, namely that this division of lands is not within the
intended purposes of the Statute or Regulation.
The reasons this division of lands is not within the intended
purpose of the Statute and Regulation are as follows :
1. This land is located immediately adjacent to the tract
upon which you granted a Special Use Permit on September 10,
1973. The purpose for the purchase of this parcel is to pro-
vide adequate acreage for the construction of a railroad spur
to service the property, if possible. If it is possible to
develop a railroad spur, this will eliminate much of the truck-
ing which would otherwise be required to service the site with
regard to the liquid hydrocarbons removed from the gas.
2. As you know, the general nature of the activity is that of
a public utility and the specific purpose is for the aid of the
compressor station, pig receiver unit and stabilizer unit. These
purposes are obviously not to be classified as a subdivision or
platting of ground for resale or housing purposes.
3. The development of natural resources, and the land uses
attendant thereto, is not a subdivision of the lands intended
to be covered by the Statute and the Regulation.
4. There will be no water requirement .
5. There will be no sewer requirement .
6. There will be no housing requirement.
7 . The permission of the use of this land to be transferred to
the applicant, and subsequently to be included in the Special
Use Permit, ,will greatly aid in the avoidance of additional
traffic burdens caused by the use of the site.
S. It is believed that the use to which the property is to be
put is consistent with some surrounding land use and the policies
of your Board and the Planning Commission in that it is a neces-
sary part of the development of natural resources attendant to
agricultural zoning.
You should be advised that this land is presently in the name
of James E. Kirkmeyer, C. Duane Kirkmeyer, Elvira Kirkmeyer,
and Bernice K. Kirkmeyer, but is subject to a Receipt and Option
Contract for the benefit of Adolph Coors Company, assuming the
. (w s\ n
Board of County Commissioners -3- September 11, 1973
granting of this requested exemption.
In summary, this exemption is requested for this parcel of
land as an adjunct to the land upon which you have granted a
Special Use Permit. The use of this parcel will be for develop-
ment of a railroad spur. The use would not be the type of use
or division of lands that is intended to be covered by Statute
or the Regulation. Should you need any further information con-
cerning this request, please advise e.
V ry t my y s,
alker Miller
WM:ld
cc : Weld County Planning Commission
Court House Annex
Greeley, Colorado 80631
Mr. Lyle E. Bush
Adolph Coors Company :
Department 309
Golden, Colorado 80401 ,
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