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Home My WebLink About710006.tiff :7 4' 784o Recorded at _.. // �.. ti Glock DEC 1. 7 97 B Fier. No. . ...,�..,�d �. Mary Mn Feuer, •:q1,. Recorder �- r RESOLUTION WHEREAS, heretofore and on September 17, 1969, upon petition of the Weld County Planning Commission, and after a public c hearing thereon, the Board of County Commissioners, Weld County, Colorado, did rezone a parcel of land from "MH" Mobile Home District to "A" Agricultural District, and described as follows: The North 20 acres of the South 40 acres of the West Half of the East Half (WZE+) of Section Thirty-four (34), Township Two (2) North, Range Sixty six (66) West of the Sixth P. M. , Weld County, Colorado, and WHEREAS, upon appeal from the decision of the Board of County Commissioners, Weld County, Colorado, by N. J. McConahay, et al, the District Court of the County of Weld, State of Colorado, in Civil Action No. 19832, did reverse the action of the Board of County Commis- sioners and ordered that said zoning revert to its previous status as "MH" Mobile Home District, and that any further conditions attached to said zoning must be made reasonably specific and definite. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners, Weld County, Colorado, that pursuant to the herein- above mentioned judgment and order of the Weld County District Court and amendment thereto, the zoning of said area as hereinabove mentioned be, and it hereby shall revert to "MH" Mobile Home District as directed by the District Court. BE IT FURTHER RESOLVED, AND IT IS HEREBY ORDERED, that the present owner or owners of said property proceed with due diligence to develop a mobile home park on said property in accordance with the Weld County Zoning Resolution; and that said owner or owners shall have up to one year from date hereof to begin construction thereof. PL0119 710006 784 170:06175 a - � BE IT FURTHER RESOLVED that any water and sanitation facilities to be installed shall be approved by the State Health Depart- ment and that all applicable subdivision regulations, zoning regulations and mobile home and mobile home park regulations shall be followed and complied with in accordance with the Zoning Resolutions of Weld County, Colorado. Dated this 19th day of May, 1971. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ;w;a it )/ta , c /6 i; y ,'1TTEST 1 lefk oY he and �� stE Deputy County Clerk A D AS TF"ORM: C County Attorney -2- terrij W SS. r she Nnd rd\frit)3/44G APR LI, ,, °1 �VTC �D . lP6'i: ID THE DISTRICT COLLIT IN AND FOR THE Deputy� , COUNTY OF WELD AND STATE OF COLORADO Civil Action No. 19832 N. J. McCONAIIAY, and BUFFALO ) PARK DEVELOPMENT CO . , a Colorado ) corporation, d/b/a MOUNTAIN LAND ) REALTY, ) Plaintiffs , ) vs. ) AMENDED JUDGMENT BOARD OF COUNTY COMMISSIONERS OF ) THE COUNTY OF WELD, STATE OF ) COLORADO, ) Defendant. ) THIS MATTER having come on for hearing on October 26 , 1970 , on Plaintiffs ' "Complaint for Review In the Nature of Certiotari" and the Court having examined the record , having heard the arguments of counsel , and being insufficiently advised, did take its ruling under advisement, and now being sufficiently advised; DOTE FIND that the resolution of the Board of County Commissioners of Weld County dated September 17 , 1969 , rezoning the subject real estate in the action from Mobile Home District (MH) to Agricultural District (A) was arbitrary and capricious for the reason that the progress requirements were not specific but only "to the satisfaction of the Board of County Commissioners" , • IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the action of the Board of County Commissioners of Weld County; Colorado in rezoning the property from Mobile Home District (MH) to Agricultural District (A) is hereby -reversed, and the cause is hereby remanded to the Board of County Commissioners of Weld County, Colorado with instructions to said Board to reinstate the zoning on the hereinafter described real estate , to-wit: -2-- The Nori.h 20 acres of the South 40 acres of the West Half CH) of the East Half (E-') of Section 34 , Township 2 North , 'Range 66 host of the 6th P.M. , Weld County , Colorado, to Mobile Home District (MH) . IT: IS FURTHER ORDERED that any progress requirements r. for development attaced to said zoning must he made reasonably specific and definite . Done in Chambers this 9th day of April, 1971 . BY THE COURT: (1 District Judge - t IN THE DISTRICT COURT IN AND FOR THE COUNTY OF WELD AND STATE OF COLORADO Civil Action No. 19832 N. J. McCONAHAY, and BUFFALO ) PARK DEVELOPMENT CO. , a Colorado ) corporation, d/b/a MOUNTAIN LAND ) REALTY, ) Plaintiffs, ) vs. ) JUDGMENT ) BOARD OF COUNTY COMMISSIONERS OF ) THE COUNTY OF WELD, STATE OF ) COLORADO, ) Defendant. ) THIS MATTER having come on for hearing on October 26 , 1970, on Plaintiffs' "Complaint for Review In the Nature of Certiotari" and the Court having examined the record, having heard the arguments of counsel, and being insufficiently advised, did take its ruling under advisement, and now being sufficiently advised; DOTH FIND that the resolution of the Board of County Commissioners of Weld County dated September 17, 1969 , rezoning the subject real estate in the action from Mobile Home District (MH) to Agricultural District (A) was arbitrary and capricious for the reason that the progress requirements were not specific but only "to the satisfaction of the Board of County Commissioners" , IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the action of the Board of County Commissioners of Weld County, Colorado in rezoning the property from Mobile Home District (MH) to Agricultural (A) is hereby reversed, and the cause is hereby remanded to the Board of County Commissioners of Weld County, Colorado with instructions to said Board to reinstate the zoning on the hereinafter described real estate, to-wit: The South 40 acres of the West Half (Wh) of the East Half (Eh) of Section 34 , Township 2 North, Range 66 West of the 6th P.M. , Weld County, Colorado, -2- to Mobile Horne District (MU) . IT IS FURTHER ORDERED that any progress requirements for development attaoed to said zoning must be made reasonably specific and definite. Done in Chambers this 23rd day of March, 1971. BY THE COURT: ,If A' District Judge ranria _ — COUNTY OF WELD sg Filed with the C1ork of the Board of County Commssloners JAMES H. SHELTON APR 5 1971 ATTORNEY AT LAW /� FIRST NATIONAL BANK BUILDING CL-n44L/,�` y„w.p�J GREELEY, COLORADO 80631 ...0lll April 3, 1971 COUNTY CIERK FNO RECORDER _ Deputy_ Board of County Commissioners of The County of Weld, State of Colorado Court House Greeley, Colorado Gentlemen: Judge Donald A. Carpenter has rendered his decision in the matter of N. J. McConahay, and Buffalo Park Development Co. , d/b/a Mountain Land Realty. The Judge ruled against us for the reason that the progress requirements demanded of McConahay were not specific enough. Consequently, it will require that the Board of County Commissioners of Weld County must reinstate the lands affected to the MH Zone. The lands affected are described as follows: The South 40 acres of the Weld Half (Wl%) of the East Half (El/z) of Section 34, Township 2 North, Range 66 West of the 6th P. M. , Weld County, Colorado. You may attach certain progress requirements for development of the lands, but they will have to be "reasonably specific and definite". I am sending a copy of the Decision of the Court to Mr. Samuel S. Telep, and to the Weld County Planning Commission. Sincerely, mes H. Shelton JHS:ibm enc. • HOECKEL CO., DENVER 276200 Civil Order Book 56 Document No. (.)`(O IN THE DISTRICT COURT IN AND FOR THE COUNTY OF WELD AND STATE OF COLORADO Civil Action No. 19832 BE TT REMEMBERED, That heretofore and on to-wit, the 2nd day of February • A. D. 19..10,, the same being one of the regular juridical days of the January A. D. 19 70 Tenn of Court, the following proceedings, inter alia, were had and entered of record in said Court to-wit: N. J. McCONAHAY, and BUFFALO PARK DEVELOP- ORDER OF COURT MENT COMPANY, a Colorado Corporation, d1b/a MOUNTAIN LAND REALTY, • Plaintiff S DONALD A. CARPENTER VS. Judge BOARD OF COUNTY CO?C1ISSIONERS OF THE HENRIETTA BRENNER Reporter COUNTY OF WELD, STATE OF COLORADO, ELLA MAE MARGHEIM Defendant..... Clerk At this day, the Plaintiff appearing in Court in person and by George Graber, Esq. , his attorney; the Defendants appearing in Court by James H. Shelton, Esq. , their attorney. Thereupon, this cause comes on for hearing on the Defendants' Motion to Dismiss. Hearing forthwith. Arguments of counsel. Whereupon, counsel for the Plaintiffs moves to abate action in District Court until this matter is heard by the Board of Adjustment. There being no objections, the Motion is GRANTED, and counsel for the Plaintiffs moves to withdraw transcript of the proceedings for use during the hearing to be scheduled with the Board of Ad- justment . Whereupon, no objections, and the Motion is GRANTED. Thereupon the Court delivers to counsel for the Plaintiffs a copy of the proceedings filed herein. A l A Hello