HomeMy WebLinkAbout710567.tiff BEFORE THE-WELD COUNTY, COLORADO PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
CASE NO. S-12 10/20/71
APPLICATION OF C. A. Karowsky
Address 8th & 8th Bldg . , Greeley , Colo .
Moved by J . Ben Nix that the following resolution be
introduced for passage by the Weld County Planning Commission:
Be it Resolved by the Weld County Planning Commission that the Subdivision
Plat Arrowhead Subdiyision_. -.__Fourth. .Filing
located on the following described property Weld County, Colorado, to-wit:
See attached legal description .
be recommended ( favorably) kwxkwnai 'I to the Board of County Commis-
sioners for the following reasons: Meets the subdivision requirements
subject to the following Approval by Health Dept. Name easements
between Lots 4 & 5 , Blk 11 - Lots 15 & 16 Blk 12 , Lots 5 & 6
Blk 11„ Lots 16 & 17 Blk 13 . Center line distance added to
Pawnee Circle and Ute Circle at Cheyenne Drive . Subdivision
agreement or performance bond of $23, 500 for road construction
Motion seconded by Glen Anderson
Vote:
For Passage: Gl en...And.e.r.s.on Against Passage:
L e.o.n ar.d....B..a.r.te.l s..
P h.i.1..i.p. ..B.o.w.l..e.s
J . Ben Nix
Jo.hn.._W.a.t.s.on
The Chairman declared the motion passed and ordered that a certified copy of this
Resolution be forwarded with the file of this case to the Board of County Commis-
sioners for further proceedings.
PC - S-005 710567
•
CERTIFICATION OF COPY
I, Dorothy Chlanda , Recording Secretary of Weld County Planning
Commission, do hereby certify that the above and foregoing Resolution is a true
copy of Resolution of Planning Commission of Weld County, Colorado, adopted on
Oct . 19 , 1971 , and recorded in Book No. ..__.,.III , Page No. , of the
proceedings of said Planning Commission.
Dated this 20t.h.... day of Oct . , 19 71.
Recording Secretry, Weld County Planning Commission
k6 ! C Oi:t. r •t[ti ri ..ic'Fu .II It; tn ..n . .
. ,..�H w LEAVE!' Mo GRt Et cY GOt ORn..O 6063) ..,n.onv a ,..
nnecro.
August b, 1c72
TO WHOM IT MAY CONCERN:
The Fourth Filing of Arrow Head Subdivision percolation tests
are approved by Weld County Health Department. We recommend approval
of Fouth Filing of Subdivision.
Gien E. Paul, Acting Director
Weld County Health Department
cc: Charles Karowaky
Suite 315 8th & 8th
Greeley, Colorado
Law Offices
KAROWSKY, WITWER & OLDENBURG
CHARLES A. KAROWSKY SUITE 315. STN AND GM BUILDING
STOW L. WITWER. JR. ORCCLEY. COLORADO
00831
R. SAM OLDENBURG
AREA CODE SOS
352-S,•,
November 12, 1971
Weld County Commissioners
Courthouse
Greeley, Colorado 80631
Re: Fourth Filing, Arrowhead.
Gentlemen:
Confirming our oral agreement reached in your office on the morning of November 8,
1971, it is my understanding that Arrowhead may satisfy County requirements for
paving within the platted area by use of either of the following procedures:
(a) Paving all platted roads within the boundaries of Arrowhead Fourth
Filing within whatever reasonable time limit you may see fit to impose, or
(b) Paving Arrowhead Drive from its intersection with the County Road
to its intersection with Cheyenne Drive and paving Cheyenne Drive from
said intersection to its intersection with the County Road;
adoption of this last procedure would be subject to the condition that all streets, roads
and cul de sacs within the boundaries of Fourth Filing would be paved immediately
subsequent to the time that more than 50% of the Lots in Fourth Filing have been sold
and conveyed.
If the foregoing accurately recites your understanding of our Agreement, I would appre-
ciate your acknowledging such approval by appropriate indication on a copy of this letter.
Very.trulyyottrs,
Charles A. Karowsky
November ,1971
Greeley, Colorado
APPROVED: WELD COUNTY COMMISSIONERS
By/ i(- f1d c-
Caw Offices `,._�,,,.,•
KAROWSKY, WITWER & OLDENBURG
CHARLES A. KAROWSKY SUITE 918. am AND 5TH BUILDING
STOW L. WITWER. JR. GREELEY. COLORADO
R. SAM OLDENBURG
1301331
ARCA CODE 303
September 18, 1970 3O3.i131
Board of County Commissioners
Weld County
Court House
Greeley, Colorado
Gentlemen:
A number of years ago a couple of business associates and I purchased the
North z of Section 27, Township 5 North, Range 66 West, of the 6th P.M.,
and thereafter commenced a subdivision development known as Arrowhead.
This development entailed the building of a dam and approximately 40-acre
lake, installation of roads, gas lines, water lines, underground utilities,
and general improvement of the area, with the consequent building of approx-
imately 25 houses thereon.
Title to the platted land is held by Lake Arrowhead, Inc. , a Colorado Corpor-
ation, and the balance of the land which is unplatted is held in my name as
Trustee.
At the time of acquisition an abstract examination disclosed that by virtue of
a Warranty Deed from the Union Pacific Railroad Company dated July 28,
1908 and recorded September 29, 1908 in Book 233, at Pages 166 and 167,
Union Pacific Railroad Company reserved all coal and other minerals within
or underlying said lands, together with the exclusive right to prospect in and
upon said land for said coal and other minerals, and together with the right
of ingress, egress and regress upon said land for the purpose of accomplishing
such results.
At a later date, Weld County acquired the title to the property by virtue of a
Treasurer's Deed which was executed on the 19th day of November, 1941,
WELD CO. COMMISSIONERS
GREELE'r, COLD.
RECEIVED
S EP 2:3 1970
-I 4, 1171819IC1°1112114O14164
Board of County Commissioners
Page 2
September 18, 1970
said Deed having been recorded in Book 1086, at Page 302, Weld County
Records.
Thereafter, and by virtue of Deed from County dated the 7th day of December,
1943, and recorded January 3, 1944, in Book 1124, at Page 214, Weld County
conveyed the above described land to J. J. Stroh. Said deed reserved to the
County of Weld the oil, gas or other minerals underlying said lands. This
deed was executed on a standard form, but in view of the previous reservation
by Union Pacific Railroad Company, the deed did not in fact effectively reserve
any minerals.
Down through the years these mineral reservations of Union Pacific Railroad
and Weld County have been noted in title policies which have been issued to
various owners as they acquired land from time to time in Arrowhead. Until
recently these reservations have caused no problems, but since the advent of
the tight money problem, many conventional lending institutions have refused
to accept loans on properties located in Arrowhead because of these reserva-
tions.
Negotiations are presently underway with Union Pacific Railroad Company to
obtain a relinquishment of the surface of said land, and of the right to enter
thereon for the purpose of exploration, and it appears that such negotiations
will be successful.
Obviously, in order to complete clearance of the title it will be necessary to
obtain a similar relinquishment of the surface and of any rights reserved to
enter upon the surface of the land from Weld County. This office, of course,
would prepare all necessary documents and Lake Arrowhead, Inc. would com-
pensate Mr. Telep as County Attorney for all legal fees to which he would be
entitled for checking the accuracy of the representations and the correctness
of the documents as prepared.
It is therefore respectfully requested that you grant to Lake Arrowhead, Inc.
Board of County Commissioners
Page 3
September 18, 1970
and Charles A. Karowsky, Trustee, a relinquishment of the surface of land
and of the right reserved to enter upon the surface of said land, as it applies
to the minerals underlying the NZ of Section 27-5-66, Weld County, Colorado.
Without this relinquishment Lake Arrowhead, Inc. will be prevented from fur-
ther development of the property, thereby depriving the County of additional
tax base.
For your assistance in this matter, I am sending a copy of this letter to your
County Attorney, Mr. Samuel S. Telep, and am enclosing in his letter photo-
copies of the pertinent instruments. I apologize for the quality of the re-
productions. Thank you for your cooperation in this matter.
Very truly yours,
KA.ROW$KY,,ITWER & OLDENBURG
0
Charles A. Karowsky
pjf /
cc: Mr. Samuel S. Telep
County Attorney
First National Bank Building
Greeley, Colorado
File contains
oversized map
Please see original file
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