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Home My WebLink About790777.tiff RESOLUTION RE: APPROVAL OF AMENDMENT TO RECORDED EXEMPTION NO. 306 - ARTHUR STANLEY WHEREAS, the Board of County Commissioners of Weld County, 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, it has been determined by the Board of County Com- missioners of Weld County, Colorado, at a public meeting held on the 6th day of March, 1978 in the Chambers of the Board of County Commissioners of Weld County, Colorado, that a certain parcel of land, being the property of Arthur Stanley, does not come within the purview of the definition of the terms, "sub- division" and "subdivided land", pursuant to its authority under Section 30-28-101 (10) (d) , CRS 1973 , as amended, and WHEREAS, said Board of County Commissioners of Weld County, Colorado did approve Recorded Exemption No. 306, by Resolution, on March 6, 1978, and WHEREAS, the Board of County Commissioners of Weld County, Colorado has been informed by the Weld County Department of Planning Services that the applicant wishes to amend said Recorded Exemption by reducing the size of Lot B by 2 . 3 acres, and WHEREAS, the Board desires to grant said request to amend Recorded Exemption No. 306 . NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the hereinabove amend- ment to Recorded Exemption No. 306 for Arthur Stanley be, and hereby is, approved. 790777 The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 5th day of September, A.D. , 1979 . BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO _ `/� v-s` "...— (Aye) Norman Carlson, Chairman ..V,a d/Q �miS Aye) Lydia/Dunbar /f. jixt-t y (Aye) C. W. Kirby l fy._c-1 -&L ,c�C f, .19,'t_ (Aye) Leonard L. Roe ABSENT DATE PRESENTED (Aye) �� n y& � • � ATTEST: (�M June K. Steinmark 11* Weld County Clerk and Recorder and Clerk to the Board �By: ,° 7 ' -1 . ; ti l' 'y ft'' % L- Deputy County- erk ç4? /ASTo2u-. dam_ County Attorney DATE PRESENTED: SEPTEMBER 10 , 1979 AMENDED RECOR: ED EXEMPTION N^'803-19-1-RES06 <xcem4...",e.,-x.'sn 4 j%S. //wy..Pcjf. .Pcc.A-024c /Jf:3, 8..k /s s A/Far.Srr./9 ,c^9e 4e//pi/eh/a. .PKi.o // T6N.,R.6/N• • �r6 L°r A. .. I O.27/fA•\ P S9oeroa," t° �' /s9.Al'osee/".; et' lc Ii 8 f. N..f 4/etf //-/‘. `� 'D' •% i, ra-zce. �.yt.{ A...../..,...s 1,.,/ �/e A. ,k) .0.0' moo, s,--/0 7 •n •�frftc�in ire y rET4.L 00 NE CO,9. SEc. /9 - G - 6S t %Or B ' K 111\ /G S,Qert% PI Dmr/NE. , : ,ar v',P Sr.4/VLE` -o (79,-/ e a`✓� ti ,4 c. BcX e ' n n .5c—/e.•/=,'4V l ete:eN6 , acza. Bc64G b - o n ° Z A a- 0 6N R1 I E.esf -P.o.4a. I. t l 3 a N .(6YER/YE r NJI'�= r'r kg h a iN.89% . /�\ /B b /7 I D ?.vze 4 '')I ''. co%. .192(O.41.6A INN r 6) A - NoTE y - w ) w 8ear,!,.,G 14,.4-awces le - i , t f -kke., 4.., 'rice wohl 12 ) .1 Cft. Qiae 'F ,e* „ re ter +ce \r.� � ��,..• Pe,4#s, Leace ree a I` •�Y' #It4M47'1 Beek AT3 I ti ; E%for. Ai N '_\ /9 I e° c a .fix 8 E _ . N (n y I o •*•, C ,, Imo► E .,• a rG N / ",r it c. I rn y k 0 ..,(r.F../GG I ,Q. +¢ ?S V I f 3o I 29 kil v F 7/e-ar✓ ,p-7,47,0 r AMENDED RECThDED EXEMPTION :~'0803—U9-1—RE306 Legal Description All that part of the East Half (Ell) of Section 19, Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado, lying East of the right-of-way of the Union Pacific Railroad Company and South of the right-of-way of the New Cache La Poudre Irrigating Company. EXCEPT right-of-way as described in instrument recorded in Book 1365, Page 401 , Weld County Records,also EXCEPTING a parcel of land being more particularly described as follows: A tract of land located in the Northeast Quarter of the Southeast Quarter (NE: SEA) and the Southeast Quarter of the Northeast Quarter (SE,) NE:) of Section 19, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado being more particularly described as follows: Beginning at the East Quarter Corner (E4 Cor) of said Section 19 and considering the East line of the SR of said Section 19 as bearing South 00°43'30" West, with all other bearings contained herein relative thereto; Thence South 00°43'30" West, along the East line of the SEA of said Section 19, 151 .00 feet; Thence North 89° 16'30" West, 108.77 feet to a point on the Easterly right-of-way of the Union Pacific Railroad, said point being the TRUE POINT OF BEGINNING; Thence North 08° 18'00" West, along the Easterly right-of-way line of the Union Pacific Railroad, 638.83 feet; Q4' Thence North 81° 42'00" East, 168.89 feet; ° /�i Thence South 00°39'12" East, 506.56 feet; Thence South 00°43'30" West, 646.93 feet; Thence North 08°18'00" West, 502.15 feet to the TRUE POINT OF BEGINNING, said parcel containing 2.302 acres, more or less. (see *' .4c °' "le I ) Surveyor's Certificate i ° Ei. I. hereby certify that this plat was prepared under my supervision; and th �6"d ° A , is correct to the best of my knowledge and belief. Q°D anct%.9-add•.. *•N 3 2 * Ja pe r e - I,\ Co •ra.• P.E. & L.S. No. 439 '+'� it ../4 it01NEE,N;•4,or Property Owner(s) Approval �.,,,,�CO�°�,.. I. Arthur E. Stanley, being the sole owner in fee of the above described property, do hereby subdivide the same as shown on the attached map. �'� rthu{(� an ey The foregoing certification was acknowledged before me this f'day of 6227 ,A.D. , 1979. Witness my hand and seal . - jJ My Commission Expires: No ry Public (/ Planning Commission Certificate The accompanying plat is accepted and approved for filing. 7. Chairrian � �) Boar y1 d of County Commissioners `1 ATTEST: County Clerk " l-Awe` -044J 4/ '"/ Br�fu� olio Dated •ismisamammosimommyreese C/+ :neen� 79-fly ,?qA,Z �\ FIELD ,CHECK FILING NUMBER: N �QA RE O(o DATE OF INSPECTION: B/ 11 fq9 NAME: tc\ `r\\ur ¶)rtx Vy REQUEST: t\w\Qr,&P Q-eco r� EX-e YY1��o LEGAL DESCRIPTION: ?\-. �Z C t G _�- ' \ Q �(p w 1V, , R.(05 (05 LAND USE: N }fir �?� 1 1C E r S \ YA \ \ w V Ro nwe...n'65 ZONING: N O� 1 A LOCATION: QA &c•en r E PC Y\ c U A AY 4 \t SOuT Sam 0c S \c \\-ura , PCY1P _ w �\ v. LuC l* \cu1A rA � COMMENTS : PM \na..a_ 3 Yes 1 o co,\ra. _ \\se_ nor ,pas ( or rye r l?. cu.( , rAYC2,1 5 �..�._ aDAN,\ c aQ� r Yb C\,VL\ v•--, c o r TN) • C,O R(1, L-3°‘ S veg--. ?auec.e,1 Lod-`? .A.4\ilz, i&O; BY: ry 4. DEPARTMENT OF PLANNING SERVICES PHONE 1303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 COLORADO September 5, 1979 Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, CO 80631 RE: Amendment to Recorded Exemption #306 Dear Commissioners : The attached application, plat , and related items are in reference to a request to amend Recorded Exemption #306 from Arthur Stanley. The property is described as Pt . EIEI Section 19, T6N, R65W of the 6th P.M. , Weld County, Colorado. This property is located directly south of Lucerne between Weld County Road 39 and the Union Pacific Railroad right-of-way. The request is to amend Recorded Exemption #306 by reducing the size of Lot B by 2.3 acres. The 2. 3/ acre parcel was under consideration by the Board as Subdivision Exemption #104. Based upon the information submitted, the Department of Planning Services Staff recommends approval of this requested amendment for the following reasons : 1 . The impact on surrounding agricultural land uses would not appear to be any different than the original request which has already been approved. 2. The Greeley Planning Commission has set forth no objections to this request . 3. The Eaton Fire Protection District has recommended approval of this request . The reasons for its recommendation are found in a letter dated August 20, 1979. The letter is included in the attached application materials. Board of County Commissioners Page 2 September 5, 1979 4. The request is in compliance with Section 9-4 of the Weld County Subdivision Regulations. Respectf`ul_lyy,,csi CAJLAIts Chuck Cunliffe Assistant Zoning Administrator csd . _ ..., • APPLICATION FOR RECORDED EXEMPTION PHONE : 356-4000 Ext . 404 Department of Planning Services , 915 - 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : CASE NO . ?..e .2403(0 APPL . FEE 1415.00 ZONING DISTRICTC©YYw1 RECORDING FEE DATE AUG 7 1979 RECEIPT NO . ‘O1G APPL . CHECKED BY TO BE COMPLETED BY APPLICANT : ( Print or type only except for required signatures ) : I ) , the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners . LEGAL DESCRIPTION : All that part of the East Half of the EZ of Sec. 19 , Twp. 6 N. , Rge . 65 W. of the 6th P .M. , Weld County, Colorado, lying East of the Right of Way of the Union Pacific Railroad Company and South of the Right of Way of the New Cache La Poudre Irrigating Company EXCEPT Right of Way as described in instrument recorded in Book 1365 , pg. 401 , Weld County Records . ACREAGE : Lot "A" 0 .231 c�cYu ; Lot " B" 16. Total /6 c)3/ `;" Has this property been divided from or had divided from it any other property since August 30 , 1972? Yes X No Are there any existing improvements on Lot A? Yes x No Lot B? Yes x No FEE OWNERS OF PROPERTY : Box 24 Name : Arthur E. Stanley — Address Lucerne, CO Phone353-1$5] Name : Address _ Phone Name: Address Phone WATER SOURCE FOR : Lot "A" ; Lot "B" TYPE OF SEWER FOR: Lot "A" ; Lot " B" PROPOSED USE FOR: Lot "A" ; Lot " B" I hereby depose and state under the penalties of perjury that all statements , proposals , and/or plans submitted with or contained within this application are true and correct to the best of my knowledge . COUNTY OF WELD ) STATE OF COLORADO ) C-L L ii z c` Signature : Owner or Authorized Agent Subscribed and sworn to before me this / ' day of , 19 79 . SEAL N r Pub is • My ..c.e.r.kutswn ux,, t+s Oct. 3i, Iitb My Commission expires : �! 1p t IA A P.O. BOX 338 303-454-3391 EATON, COLORADO � - 60615 CO OP August 2 , 1979 Weld County Department of Planning Services 915 Tenth Street Greeley, Co 80631 RE: Stanley Application for Ammended Recorded Exemption & Application for Sub-Division Exemption Dear Sirs: I represent Agland, Inc. , a Colorado Corporation which is the tenant of a certain tract of land located in Weld County and owned by Arthur E. Stanley, landlord. A copy of the Lease between these parties and recorded in the Weld County records at reception number 1794572 is attached to this correspondence. The approximately two acres involved in this appli- cation process are contiguous to and on the East side of certain property currently leased by Agland from the Union Pacific Railroad Company. A copy of the Railroad Lease dated February 24 , 1977, is also attached. Agland, or its prime cooperative supplier , Farmland Industries, has had an interest in the railroad right-of- way for many years. At this time the leased railroad right-of-way is utilized as the main Agland bulk fuel plant for handling in excess of 15,000 ,000 gallons of re- fined fuel products per year. These products include pro- pane or liquid petroleum gas for both agricultural and rural heating uses; gasoline , and diesel fuel which supplies approximately 3 ,000 of the Agland Co-op member-farmers lo- cated throughout Weld County. Upon installation of several large propane tanks in 1973 and 1974 , Agland leased the 2 acres involved in this current application from the fee owner , Arthur Stanley , in order to insure appropriate setbacks of these fuel tanks from any other potential construction along the eastern edge of the Railroad Lease. The Lease from Stanley in 1973 contem- plated ultimate sale of the property to Agland and included a provision allowing a first right refusal to the tenant. Iter Weld County Department of Planning Services -2- August 2 , 1979 Mr . Stanley has recently moved into the city limits of Greeley for health reasons and is now ready to dispose of this two acres to Agland. An offer for sale has been extended and has been accepted by Agland . Your favorable consideration of the Ammended Recorded Exemption and Sub-Division Exemption are requested. Among others, the following cogent reasons exist for permitting the transfer of the subject property from Stanley to Agland. First, this transfer will entail no additional residential building at this location. Agland currently maintains an adequate office space at the bulk plant facilities. Secondly, the land involved is not efficient farm land due to its shape . Reference to the attached plats indicate that this triangular shaped acreage is no more than 170 feet wide at its maximum and tapers to a point at the opposite end. This makes farming of this portion difficult at best. The third consideration is that the parcel in question is located within an approximate one mile radius of the town of Lucerne , Colorado. Any growth which does occur is there- fore restricted to an established community in accordance with the guidance of the Weld County Comprehensive Plan. Also, as noted, this property is immediately adjacent to Union Pacific Railroad right-of-way. The Weld County Com- prehensive Plan also provides the fourth consideration: it is a policy objective that expansion and development of agri-business and agriculturally oriented industry will be encouraged provided that these do not adversely effect the economy or environment. Agland is one of the State ' s largest agricultural cooperatives, and is wholly owned by its members who are agricultural producers. The Lucerne Bulk Plant facility is directly tied to the area agricul- ture as its main fuel source. Demands for agricultural fuel have grown and are continuing to grow. It is the in- tention of Agland to meet these increased needs . This growth will undoubtedly eventually entail installation of additional storage facilities at Lucerne. The subject property is required for this expansion. From an environ- mental standpoint, the Agland Bulk Plant is modern and complies with all applicable fire and safety regulations. The premises are maintained in a neat and orderly fashion. The Planning and Zoning Commission is invited to tour these facilities. 'art. - Weld County Department of Planning Services -3- August 2 , 1979 The fifth and final consideration in favor of this ex- emption is that acquisition of the Stanley property would permit an additional fire access to the Bulk Plant. This access has been suggested as advisable by local fire authori- ties particularly if the storage capacity is expanded. Your cooperation in reviewing these applications will be appreciated. If any additional information is required please feel free to contact me and it will be promptly sup- plied. Cordially, Stephen C. Parker Corporate Counsel SCP :kam encls. *COr x August 20 , 1979 To Whom It May Concern: The Eaton Fire Department has been informed by Agland Incorporated that an application for Ammended Recorded Exemption and Sub-Division Exemption involving approximately two acres of land located east of and adjoining the present Agland bulk fuel plant has been submitted to the Weld County Department of Planning Services for consideration. The Fire Department has been told by an Agland representative that the property will be used to provide parking for vehicles associated with the bulk fuel business , therefore, relieving congestion at the plant. It is also understood that a second entrance will be made allowing access to the plant from Weld County road 39 , at the north east corner of the property. A parking facility that would help to eliminate congestion within the plant, together, with an access from the north east would definetly prove beneficial in the event of a fire or other emergency at the plant. For this reason the Eaton Fire Department recommends approval of the Ammended Recorded Exemption and Sub- Division Exemption. �ff 7— A. J. Bopp Chief, Eaton Fire Department Approved: !' / ; / / / ._ J D. A. Wilson President 93031 Eaton Fire Protection District L1�� Q �� cc : Bill Monson UG 97 Dave Fagerberg e:EAColvE9D �, Jerry Smith O01 Amos Finch W.W County go, �c' Fanning Comnissioe 624 cu\ . sis y t \ Mn G. "k c it t 4 • I ": V i i , i ..i."'"'''', • '''' I ' ' di \ \ , t moo kr 6 k''e+p. L: $ i d W44 y K wj tdK5}�S,.a r } p E I gy'' \ ti g a �n a 11\I ? '� ti4 1z f. ¢§i 14 aY i f nP � �" hp i 2'"I �kgA s.a ‘. ', 1 r, I „ ) s'' + 'Itfir ' w 1+4 I + , - `t 9 r. ,IIIw I ,si a ct.4 ! ill' f ,} d '' Et+u'roy4 *ft'f. Frl ix : 'V'i 3t'r. Ir r s '' " , RW, i �'� III q g lit Ip a r 1 yf , . r "1 _ r r , I! P E �J� • t� r t "' (�"� .. ` sry`t y,� 3' e• T,7?, tk Ii F : i .I�i I, 4ti'�a' :. aR ' i�:. .,�`‘,44 m(„4„, • "'lc.* ; ;I'll' .*',, ,.., t , Tht ill 4-44,;f(*,;;;;'',d,;(1 ‘tillt ,' * - ,,,,id* ---. d' - " '\"We --.dst"' 4.h '"' r ltx ? ;el I 11, '' _.f 3 t`a+ ; ."�+Y6 #,I ul„ r _ e'�i, REFERRAL LIST z off APPLICANT Arthur Stanley F CASE # Amended RE-306 REFERRALS SENT OUT ON: August 10, 1979 cn o p W REFERRALS TO BE RECEIVED BY August 29, 1979 H M V) H z U U O H f') rx.PI 1-4 V[�) O U P4 Z ai z REFERRALS RECEIVED County Attorney County Health County Engineer Greeley Planning Commission c/o John Given Greeley Planning Dept . Civic Center Complex Greeley, CO 80631 P.C. 8/28/79 CROSS REFERENCE SHEET :: , ... ter e O, 3 xi to e kcp r e H p !P .,to o Ci e T r?lam J izierntiel.ve,,,, -h.4d r _� ..�............. ... CC Subkc.: -SE',"- _.. RECORDING DA1 PS b?I-ATS Amended Recorded Exemption #0803-19�306---— NAME OF SUBDIVISION _ Stanley Arthur E. --`�---�- T NAME OF SUBDIVIDER --art Of the East Half (EC of Section 19, Township 6 North s •__—weld L'Otm V G°-Thr-ad°` — I.OfATION OF SUBDIVISION Range 65 West of the 6tpph P•1`S .---. DATE OF RECORDING SEP 111979 BOOM. SOIRFCF_PTION # 1'802826 MARY ANN FEUERSTEIN HELD COUNTY CLERK AND RDER BY --- DEPUTY COUNTY CLERK & RECORDER Hello