HomeMy WebLinkAbout780825.tiff Recorded at o'clock N__..M..J11.I1.1L._.B 1978
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850 1772o,5 ��
Rec. fro. J,n
State of Colorado, Weld County Clerk G Recorder
RESOLUTION
RE: APPROVAL OF SUBDIVISION EXEMPTION NO. 69 - MOUNTAIN BELL
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
z--
a affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, has reviewed the request of Mountain Bell for an exemp-
tion from the definition of "subdivision" and "subdivided land"
in Section 30-28-101 (10) , CRS 1973, as amended, and Section 2-1
co
of the Weld County Subdivision Regulations, and
WHEREAS, the Board of County Commissioners finds that Moun-
tain Bell is the owner of a parcel of land described as:
West 25' Lot 2, Block 3, Stoneham, an unincorporated
town located in Part of Section 5, Township 7 North,
Range 56 West of the 6th P.M. , Weld County, Colorado.
The proposed site is to be used for carrier equipment for a new
buried cable that will replace the existing open wire line serving
Stoneham, New Raymer and Willard, Colorado.
WHEREAS, the Board of County Commissioners has considered
the recommendations of the Department of Planning Services on this
matter and has reviewed information submitted by the applicant.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado, that the aforementioned tract
of land owned by the applicant, be and hereby is, declared to be
exempt from the definition of "subdivision" and "subdivided land"
as set forth in Section 30-29-101 (10) , CRS 1973, as amended, and
in Section 2-1 of the Weld County Subdivision Regulations, and
further finds that said tract shall be considered a single lot.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 1st day of
November, A.D. , 1978 .
BOARD OF COUNTY COMMISSIONERS
ATTEST,: 1 Ealbr WELD COUNTY, COLORADO
n1 1
j y C erk and Recorder
f ;aria rit `.to the Board
7 ► Deputy puty Coun y Clerk iel
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t( :.1 ' VJ AS TO FORM:
o ,� £fL;tat, L ,r /C.s
/hT . /`c£F County Attorney 780825
CC I2a.
rr( Date Presented: November 6, 1978
SUBDIVISION EXEMPTION
• FLOW SHEET
County Commissioners Meeting Date: NICaAN ' ! karts
Applicant : 1 r \ eA-Or ts\Vh ' e..\\ Case #: $E 69
Legal Description : 'Al 2. ' L0 gam ' %` 3 / $3ro ne,YNekvq.,
. Data
.t,._...•by_. ..
Application Received 1 ®/11 r nte) I %Lie
Application Complete 1OEIh Cs PICS
Letter to Applicant Drafted In id?, CAC,
SE# Assigned' [O /I i3
Air Photo Map Prepared 0� ` 14- -/Eo
Chaindexed �Ci/ So 0=BC ./
Applicant Notified �� / - a
Legal Approved by County Attorney c
-Field Check by D.P .S . Staff •` este
D.P. S . Recommendation Drafted • 101 0 OW.
�i D.P.S . Recommendation Typed . '® 7,1 • �+lp_
Packets Xeroxed 10 ( o S.,F
History Card - Completed //��O
TO: Board of County Commissioners Date November 1 , 1978
Subdivision Exemption # 69
Applicant: Mountain Bell
The owners of the following described property have requested an
exemption from Section 2-1 of the Weld County Subdivision Regu-
lations adopted August 30, 1972 , which defines the term subdivi-
sion:
West 25 ' Lot 2, Block 3 , Stoneham, an unincorporated town located in
Pt . Section 5, T7N, R56W of the 6th P.M. , Weld County, Colorado
The Planning Department has reviewed this request and recommends
that the request be approved for the following reasons:
DOES DOES NOT
XRequire water
X Require sewer
X Create traffic problems
X Fall in flood plain
IT a
Agree with Planning Commission policy
X Create housing
X Agree with surrounding land use
X Meet all known requirements
COMMENTS :
The proposed site is to be used for carrier equipment for a new buried
cable that will replace the existing open wire line serving Stoneham,
New Raymer and Willard, Colorado. An 8 'X12 '-8" pre-fabricated building
is proposed to be located on the property. This facility will be owned
by Mountain Bell and will interconnect with the Stoneham Cooperative
Telephone Corporation. The objective of this project is better service
by both telephone companpies.
aWN-
Zoning Administrator
a
Mountain Bell
Network Department Post Office Box 1976
Denver,Colorado 80201
Room 1550, 1005 17th Street
Denver, Colorado 80202
October 9, 1978
Mr. Bob Arians
Weld County Planning Department
915 10th
Greeley, Colorado 80631
Dear Mr. Adams:
RE: Stoneham Carrier Equipment Site - Land Purchase
The plupubed site is to be used for carrier equipment for a new buried
cable that will replace the existing open wire line serving Stoneham,
New Raymsr and Willard, Colorado. This facility will be owned by
Mountain Bell and will interconnect with the Stoneham Cooperative
Telephone Corporation. Better service is the objective in this
project by both telephone companies.
The 8'x12'-8" pre-fabricated building has been ordered fran Microvan.
Copies of pictures fran the Microvan brochure have been submitted to
Mr. Bob Arians.
The following information is being submitted according to the Weld
County Memorandum dated November 18, 1977, which deals with sflhaivision
exemptions:
1. A copy of the executed Option for Purchase of
Real Property is attached for your information.
2. A certified survey developed by Mr. Burr Leibert
which describes the subject parcel that the
Stoneham Co-op Telephone Conjuration has agreed
to sell Mountain Bell for the proposed facility.
3. On the survey, I have depicted two alternatives
for your approval. Both approaches deal with
the 10' rear setback. For practical reasons,
Mountain Bell prefers alternative I (Red) be-
cause the cable entrance will be on the north
side of the building making for better access
to the facility.
J
P-4\
Mr. Bob Adams
Oc+nlpr 9, 1978
Page 2
Both of the proposals have been reviewed with Mr. Bob Adams of the
weld County Planning Department. We have plowcded to this point
based on his reccumendations for obtaining the proposed site and
setback requirements.
The building needs to be placed on the site and ready for the equip-
ment installation about 30 days before February 24, 1979. If ad-
ditional information is needed, please contact Mr. Silvan Charron
on 624-5731.
Very truly yours, e
Silvan C. Charron
Facilities Planner
Attachments
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ACT 19)g
"! ECEIVED
Weld
Planning CCU scan
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1192S2 4GEZL�
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7725
110 74)
OPTION FOR PURCHASE OF REAL PROPERTY
IN CONSIDERATION of the sum of Twenty Five & No/100 Doliert (S 25.00 ),
which amount shall apply on the total purchase price of the property as hereinafter described, paid to Stoneli:im
Cooperative Telephone Corporation
whose address is p 0, Box 56, Stoneham, Colorado 80754
of - _ County of Weld
State of Colorado (hereinafter referred to as "Seller"),
the Sailer grants to The Mountain States Telephone and Telegraph Company, a Colorado corporation (hereinafter
referred to as "Company"),an option for the period continuing through December 19,
, 197 8 to purchase the real property located
in Stoneham ,County of Weld
State of Colorado , described as: Rear 25' of Lot 2, Block 3, New Town of Stoneham,
Colorado.
with all easements, Improvements and other interests thereon and appurtenant thereto, all of which ft hereinafter
referred to as "said property".
This Option to purchase is granted upon the following terms and conditions:
1. The total purchase price for said property shell be
One Hundred Fifty & No/100 Dollars
(S 150.00 I.
2. Notice under this Option shall be in writing and if to Seller shall be delivered to Seller or mailed to Seller by
certified mail to Seller's address shown above; end if to the Company shall be delivered or mailed by certified mail to
the Company at the following address: Supervising Engineer, Real Estate, Room 1550
1005 - 17th St. , Denver, Colorado 80202 , or to such address of any
party hereto as that party shall direct by notice in writing to the other. Notice shin be effective es of the date and time
it is deposited in the mall with proper postage or upon delivery, whichever is sooner.
3. The Company may extend this option until February 1, 19 79
by notice to Seller on or before the expiration of this option and by tendering to Seller a further payment of
None Dollars (S — )
to apply on purchase price. In such event, the closing data hereinafter set out shall be extended by the same amount of
time.
4. This Option may be exercised by the Company by giving the Seller notice thereof as aforesaid.
7726
11074)
5. If the Company Buyer Buyer's elects to ppurchase shall exercise this Option, the Beller, at 3ener s expense, exeeptarrrotea t,�f,,,, shirk-within
qty-4601-deye lhereefeer rdeliver-te-the Comp any-at-ile-addrersa-shewrs-above-a..bsuaes of-male to.;aid_prgaacty
eereitied by-e-rewhble-ebetree4-oe cep ' iaeaPtioaofreawd title.wadateasathawaeaeraWdaysyriorl0
ele6veys-werfleel'lo-endfe.-the-woof-tM Comprny_.rrat-the-eleeiion_of-the Company, a commitment for title
• insurance for said property by a reputable title insurance company in an amount not less than the purchase price. 84-the
C(..npessy.eteote-tereeeive-the abetraet.of•title,.andif-tb.ewat ao SellectLproaidir.g or c"pdatioµ,tuchyhstsacuissamer
dial. sr.v,iJnrg tit'. interim,. es Jc....iLed-above;Mae-&lmpeny-streH-reimb ersa..8e11ee-forilse-difference. Said aMvee4
or title commitment shall show merchantable fee simple title to said property, free and dear of exceptions,
encumbrances,easements and objections,vested in Seller except general taxes for the fiscal year of dosing and Owe state
elisbng encumbrances or other exceptions,if any,to which the conveyance is to be made subject)
None
6. The Company shall have ninety (90) days from the date of delivery in which to examine the abstract or title
insurance commitment. In the event in the opinion of the Company title is not merchantable in the Seller except as
aforesaid and written notice of defects is given to the Seller within said ninety (90) days, and the title shall not be
rendered merchantable except as aforesaid within 60 days after such written notice, then this contract, at the
Company's option, shall be void and of no effect and each party hereto shall be released from all obligations hereunder.
In such event the Company shall return any abstract furnished hereunder to Seller and upon receipt of such abstract or
if none has been furnished upon receipt of proper notice, all payments made hereunder shall be returned by Seller to
the Company. If said notice of defects is given and such defects are cured, the closing shall be changed to a date no later
than 30 days after such notice, or as mutually agreed.
7. The Seller, at Seller's expense, shall also provide and record upon execution of this option or on or before
closing, at the election of the Company, all other documents reasonably necessary to convey good and merchantable
title.
8. Unless otherwise mutually agreed upon, the closing of said purchase shall be at a time and place designated
by the Company, but in no event later than 2:00 o'clock P.M., on Dec 19 , 19 78 . At the closing the
Seller will convey to the Company by general warranty deed a good and merchantable title free and clear of all liens
and encumbrances except those stated in paragraph 5 above. General taxes shall be prorated between the Seller and the
Company to the date of closing, on the basis of the taxes for that year or, if not ascertainable,at the rate of the year
immediately preceding applied to the latest assessed valuation. The Company may, at its option, deduct from the
purchase price any amount of money which, under the terms of this paragraph, is to be paid by the Seller, including
such amount as may be required to pay special taxes and assessments in full.
All water rents, whether paid or unpaid, shall be adjusted between the parties hereto as of the date of delivery of
the property.
Upon the request of the Company, Seller shall also execute a Seller's Affidavit of ownership at closing stating that
the title is free and clear of all liens and encumbrances except those listed above and that the Seller is not involved in
arty insolvency proceedings. Upon receipt of such warranty deed, Seller's Affidavit and other documents requested by
the Company pursuant to paragraph 7 hereof, the Company shall deliver its draft to Seller for the balance of the
purchase price.
9. Possession of said property shall be delivered to the Company upon dosing. However, the Company shall
have the right to enter upon such property at all reasonable times after the execution hereof for the purposes of
inspecting, making surveys, testing the soil,or other reasonable purposes consistent with its rights hereunder.
7726
(10 74)
10. The property shall be conveyed by Seller to the Company in the same condition in which it exists at the date
of execution hereof, and should any damage by fire or other cause occur thereto prior to the date of closing, the
Company shall have the option to declare this contract null and void, and upon receipt by Seller of any abstract which
may have been furnished hereunder or if none has been furnished upon receipt of proper notice, payments made
hereunder shall be returned forthwith to the Company.
11. If the Company so requests, this Option and the conveyance to the Company shall be executed and
acknowledged by the spouse of Seller, which execution and acknowledgement, for the consideration aforesaid, shall
constitute a waiver, release and relinquishment of all homestead and dower rights and of all other rights, title and
interest of said spouse in the property subject hereto.
12. The Company may assign this option either before or after the Company shall have given notice of its
election to exercise this option.
13. This option shall be binding upon the heirs, personal representatives, successors and assigns of the Seller and
shall inure to the benefit of the successors and assigns of the Company.
14. The Company shall have the right to exercise this option subject to its obtaining any approvals or actions for
its contemplated use of said property which might be required by local, state or federal laws from appropriate
governmental officials and, also, subject to its obtaining binding commitments for utility facilities for its contemplated
use of said property, including without limitation water, electricity, gas, sewer and telephone.The Company will seek
to obtain the same at its expense, and the Seller shall furnish its cooperation if reasonably required to obtain said
approvals, actions or commitments. If such approvals, actions,or commitments are requrred by law to be obtained prior
to closing or if, in the opinion of the Company, the Company's ability to use said property as contemplated is
dependent upon obtaining such approvals, actions, or commitments prior to closing, closing shall be postponed until
such are obtained, but in no event to a date later than two (2) years from the date of the execution of this Option. In
the event that such approvals, actions, or commitments are not obtained, the Company shall have the right to revoke its
exercise of this Option, and upon receipt by Seller of any abstract which may have been furnished hereunder or, if none
has been furnished, upon receipt by Seller of proper notice, the Company shall receive a refund of all amounts paid
hereunder.
15. In the event that the subject property does not abut upon or is not contiguous with a public right-of-way,
then in such event the Seller shall provide, at no additional cost, an easement twenty feet in width from the subject
property to the nearest public right-of-way.
16. If this Option agreement shall not be executed by all parties hereinabove named as Seller, it shall,
nevertheless, be and remain binding on all parties included as Seller who do execute this Option Agreement to the
extent of the ownership of such executing parties in the property subject to this Option. If the executing parties own
less than the entire fee simple title to said property, then the purchase price, if this Option shall be exercised,shall be
that proportion of the purchase price stated in paragraph 2 thereof which the ownership of the executing parties bean
to the entire fee simple title.
17. This Option shall be subject to the following additional terms and provisions:
a. Any exercise of this option shall be specifically subject to the
Company obtaining necessary County special use, variances and
building permits for the intended use of the property as a tele—
phone equipment building.
b. Company intends to move forward with dispatch to secure requir90 !Mt.
approvals and/or permits. In the event of legal action concerning
such approvals and/or permits, this option shall automatically be r�
extended through a date 30 days subsequent to the date that 'final-
judgment in such legal action becomes unassailable.
:a K.:. �r► .�v..» ..C ♦ ... . . .. _ ... M .. .. .. ........ .,.. ..., ... _. -
7726
110.74)
IN WITNESS WHEREOF, the Seller has executed this instrument this O2(o day of 4,...67,....„.../.,,/, 19�
ATTEST: SELL Ai
;'.',;,i CO oFE;w;sjt j
•
LLt HONE CORPORATION 't / �
STONEHAM, C0'.0RADQ
(SEAL) By Forrest Tappy
Title President-Stoneham Cooperative
Telephone Corporation
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I 11 I' ',I ; [ HI H I 11 I'IANNING SERVICE:;
PI VINE 13031356-0000 EXT.404
915 10TH STREET
(,REL LE.Y,COLORADO 80631
WIIDC .
COLORADO
October 16 , 1978
TO WHOM IT MAY CONCERN :
•
Enclosed is an application from Mountain Bell
for a subdivision exemption This item will be
heard before the Board of County Commissioners on
November 1 , 1978 . If you have any comments or sugges-
tions , may we please hear from you before October 25, 1978.
The location of the parcel of land for which this applica-
tion has been submitted is W25 ' , Lot 2, Blk. 3, Stoneham .
Thank you. 4)1‘r
•
/0/30/7F
Assistant Zoning A inistrator
/ esd
Enclosure;
1
I )I-I All I MINI 1)f PLANNING SERVICES
• PI'IONE 1303)35G4000 EXT.404
•
915 10TH STREET
ha
GREELEY,COLORADO 80631
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1'3`.ra}r. t
COLORADO
October 13, 1978
Mr. Silvan C. Charron •
Mountain Bell
Network Department , Room 1550
1007 17th Street
Denver , CO 80202
RE : Request for a subdivision exemption on a parcel of land
described as the West 25 feet of Lot 2, Block 3, Stoneham,
an unincorporated town located in Section 5, T7N, R56W of
the 6th P.M. , Weld County, Colorado
• Dear Mr. Charron:
Your application and related materials for the above/described
request are complete and in order at the present time.- I have
scheduled a meeting with the Board of County Commissioners for '
Wednesday, November 1 , 1978, at approximately 9 : 30 AM. This
. meeting will take place in the County Commissioners' Hearing
Room, first floor , Weld County Centennial Center, 915 10th
Street , Greeley, Colorado . It is recommended that you and/or.
a representative be in attendance to answer any questions the
Board might have with respect to your application.
I would appreciate receiving 8 additional copies of the Archi-
tectural Survey you submitted with your application. These
copies will be included in the County Commissioners' packet
that they receive prior to the meeting for their review.
If you have any questions concerning this matter, please feel
free to contact our office.
Respectfully,
•
1Chuc : Cunliff\u-& e
Assistant Zoning Admini, rator
CC/csd •
Q O
No, X30781
RECEIPT FO CERTIFIED MAIL
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