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HomeMy WebLinkAbout760025.tiff C. 785 L�r Recorded at K.....__.. o'clock - .-.M-DE.C_- 7.1976 . Na. 70- 70- YMary A nn Feuerstein, Recorder RESOLUTION RE: GRANT OF CHANGE OF ZONE FROM "E" (ESTATE DISTRICT) TO "C" (COMMERCIAL DISTRICT) FOR SIERRA INVESTMENTS. WHEREAS , a public hearing was held on September 20, 1976, in the chambers of the Board of County Commissioners , Weld County, Colorado, for the purpose of hearing the petition of Sierra Investments, 818 12th Street, Greeley, Colorado, requesting a change of zone from "E" (Estate District) to "C" (Commercial District) on a tract of land located in the Southwest Quarter of the Southwest Quarter of Section 16, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado, being C:13 more particularly described as follows : Considering the West line of the Southwest Quarter of said Section 16 as bearing North 00°25'00" West and with all bearings contained herein relative thereto; beginning at the Southwest Corner of said Section 16; thence along the West line of the Southwest Quarter of said Section 16 North 00° 25'00" West 588. 10 feet to the Northwest corner of U.S. Highway 34 right-of-way as described in hook 707, Reception No. 1629304, records of said County; said point being the True Point of Beginning; thence along the Northerly line of said describ8d right—of—way the following courses and distances: South 36 05'30" East 101. 5 feet; thence South 81°05'30" East 709.8 feet; thence South 89°44'30" East 295. 53 feet to an existing fence line; thence along said existing fence line North 00°03'23" East 411 .83 feet to a point on the centerline of No. 3. Canal; thence along the centerline of said canal North 85°05'50" West 940. 18 feet; thence continuing along said centerline North 60°26'43" West 141 . 29 feet to the West line of the Southwest QuartOr of said Section 16; thence along said West line South 00°25'00" East 368. 61 feet, more or less to the True Point of Beginning. WHEREAS, the petitioner was present, and WHEREAS, there was no opposition to the request of the petitioner for a change of zone upon the aforementioned tract of land, and WHEREAS , Sections 8 . 2 and 8 . 3 of the Weld County Zoning Resolution authorize the Board of County Commissioners to grant a change of zone upon a showing by the petitioner of certain facts , and WHEREAS , the Board of County Commissioners has heard all the testimony and statements of those present, has studied the request 760025 11� - - 4 qw of the petitioner, and the recommendations of the Weld County Planning Commission, and having been fully informed and satisfied that the requested rezoning complies with the Weld County Comprehensive Plan and the conditions set out in Sections 8 . 2 and 8 . 3 of the Weld County Zoning Resolution; NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Weld County, Colorado, that the petition of Sierra Investments for a change of zone from "E" (Estate District) to "C" (Commercial District) on the above described tract of land be, and hereby is, granted, subject to the following condition: A drainage study of the area must be approved by the Engineering Department of the City of Greeley and by the Weld County Department of Engineering Services . The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on this 27th day of September , A. D. , 1976. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO i eiSiowt— � ATTEST ",i�n�.i'�ilC✓ ✓{�G Weld County Clerk and Recorder and Clerk to the Board ��f J 7��I BY: E i6c c1.lA et"� Deputy{Coup y Cler \ t if APPROV AS TO FO County Attorney -2- September 20, 1976 I hereby certify that pursuant to a notice dated August 16, 1976 duly published August 20, 1976 and September 10, 1976 in the Greeley Booster, a hearing was held on the request of Sierra Investments for a Change of Zone, Recorded Exemption and Site Plan, at the time and place so specified. After discussion, Commissioners Carlson made a motion to approve the Change of Zone. Commissioner Jacobucci seconded the motion and it carried unanimously. Commissioner Jacobucci then made a motion to approve the Recorded Exemption. It was seconded by Commissioner Moser and it carried unanimously. A motion was made by Commissioner Steinmark to approve the Site Plan subject to completion of the drainage plan study. Commissioner Moser seconded the motion and it carried unanimously. All five commissioners were present. /C r itar hairman Board of County Commissioners �J Weld County, Colorado U/ Attest: Qcy. ,nn.:71a-LOICtt1/21J County Clerk and Recorder and Clerk to the Board By: c Deputy County Cle k Tape /176-123 - _1 T, •'' E N D A N C ! RECORD _ ' lime : Applicant : Sierra Investments 2: 00 P.M. Docket # Date : September 20, 1976 Request ; 76-30 COZ, E to C, Site plan of Lot A RE 221 & RE 2-21- -- NAME I -NOTICE • -Furauant to the zoning laws of a State .of Colorado, a public h'eaoing;will b¢ held in the First Floor A nterrny Room, W91d QuCt �5� �i 160 Street,ree Greeley, tenter, 91t �a-+L _ 1 Greeley, Colorado, at l ----ii�1n1E tany, manner e l¢d. All interested persons the following proposed Change of / done, 'Site. Plan and/or Recorded 1/1'(' /1�P l t]/)/�OT 'Exemption :are requested to at- tend and may be heard. BE IT ALSO KNOWN that the text and maps Ise certified by the n / • Weld County Planning Commis- Floor, Greeley, Colorado. ip yf rl LY/mot'✓/� DOCKET No. 76-30 • Sierra Investments 818 12th- Street Greeley, -Colorado 80631 DATE: September 20, 1976 i.. `TIME: 2:00 P.M. Request: Chdnge of Zone, E (Estate District) to C (Corn- mercial-District), Site Plan of Lot A Recorded Exemption 221, and Recorded Exemption No. 221 That portion of the Southwest Quarter of the Southwest Quar- ter of Section' 16, Township 5, North, Range, 65 West of the 6th Prnclpal Meridian, Weld Coun- ty, ' Colorado, more particular- ly described as follows: Considering the West Line..of the Southwest Quarter of said Section 16. as bearing North 00°25'00" West and with all bearings contained herein relative thereto'; beginnig at the Southwest Corner of said Section 16; thence along the _ . West Line of the Southwest Quarter of said Section 16: North 00°25'00" West 588.10 feet- to the Northwest Corner of U.S. Highway 34 right-of- u-a.y as described in book 707, • Reception. No. 1629304, records of said County; said point ibe- ing the True Point of Begin-. ning; thence along the North- erly line of said described right-of-way the following courses and distances: South 36°05'30" East 101.5 feet; thence South el°95'30" East 709.8 feet; thence South 89° ' 44'30" East 295.53 feet to an existing fence line; thence along said existing fence line North 00°03'23" East 411.83 feet to a point on the center- - line of No. 3 Canal; thence along the centerline of said canal North �ir05'50". West 940.18 feet thence continuing along said centerline North e0°26'43" West 141.29 feet to the West Line of the -South- west Quarter of said Section 16: thence along said . West Line South 00°25.00" East 368.61 feet, more or less to the True Point of Beginning. Dated: August 16, 1976 L BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO By: Mary Ann Feuerstein County Clerk and Recorder and Clerk to the Board -By: Jeanne Lou Reimbuck, . Deputy Published August 20, 1976 and" September 10, 1976 in the Greeley _Booster. NOTIC-E Pursuant to the zoning laws of the State of Colorado, a public hearing will be held in the First Floor Assembly Room, Weld County Centennial Center, -915 10th Street, Greeley, Colorado at the time specified. All persons in any manner interested in the following proposed Change of Zone, Site Plan and/or Recorded Exemption are requested to attend and may be heard. BE _IT ALSO KNOWN that the text and maps so certified by the County Planning Commission may be examined in the Office of the Clerk to the Board of the County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. Docket No. 76-30 Sierra Investments 818 12th Street Greeley, Colorado 80631 Date: September 20, 1976 Time: 2:00 P.M. Request: Change of Zone, E (Estate District) to C (Commercial District) , Sz eElan of Lot A‘tecbrded Eemption 2217 an Reeor xemption 31') #221 y " — b That portion of the Southwest Quarter of the Southwest Quarter of li �0 Section 16, Township 5 North, Range 61 West of the 6th Principal 4' \ Meridian, Weld County, Colorado, more particularly described as r follows: Considering the West line oT the Southwest Quarter of J / said Section 16 as bearing North 00025'00" West and with all bearings ( contained herein relative thereto; beginning at the Southwest Corner \� \� of said Section 16; thence along the West line of the Southwest tl\\/ Quarter of said Section 16 North 00° 25'00" West 588. 10 feet to (� the Northwest corner of U.S. Highway 34 right-of-way as described J AK in book 797, Reception No. 1629304, records of said Count �V point being the True Point of Beginning; thence along the;Northerly � line of said described right-of-way the following courses and distances: South 36 05'30" _East 11)ast 1.5 feet; thence South 81°05'30" (� /c�' U East 709.8 feet; thence South 89°44'30" East 295.53 feet to an t� existing fence line; thence along said existing fence line North 00°03'23" East 411.83 feet to a point on the centerline of No. 3 Canal; thence along the centerline of said canal North 85°05'50" West 940.18 feet; thence continuing along said centerline North S 60°26'43" West 141.29 feet to the West line of the Southwest Quarter of said Section 16; thence along said West line South 00°25'00" East 368.61 feet, more or less to the True Point of Beginning. THE BOARD OF _COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Jeanne Lou Heimbuck, Deputy Dated: August 16, 1976 Published: August 20, 1976 and September 10, 1976 in the Greeley -Booster F . Affida\ __ of Publication f, t*00 !►.i''' STATE OF COLORADO, bran+ k es. County of Weld, won , . Min Mildred S. Hansen of ^*a�M said County of Weld, being duly sworn, say I !' that I am the (publisher) (editor) (advertis- ing manager) of THE GREELEY DAILY TRIBUNE, and 4144711, ? iLstsssi Pi mt THE GREELEY REPUBLICAN RM that the same is a daily newspaper of general :1-111/411;1;e1 "'wrill' circulation and printed and published in the 64'1irf , ^^' city of Greeley, in said county and state; that I'a ' the notice or advertisement, of which the an- a."11 nexed is a true copy, has been published in ' `404.2.-" life said daily newspaper for one day; that the notice was published In the regular and ;y y„ entire issue of said newspaper, and in the .4. ,,, x a y _= newspaper proper and not in a supplement thereof; that the publication of said notice was contained in the issue of said newspaper ii; �.. bearing date uSeptember 76 y. & 4 day of A.D. is-; BOARD Of COUNTY Y.COLORADO OLQJ that said The Greeley Daily Tribune and HELM YANWItOOLORARI The Greeley Republican, has been published 9Yo CLERK NR�1fER9TERi continuously and uninterruptedly during .y''CANDCLERAR R0ER the period of at least six months next AND CLERK ARD D prior to the a containing said Ito notice or advertisement above referred to; rf • that said newspaper has been admitted to the r' United States mails as second-class matter ,IIMI llS dA under the provisions of the Act of March 9, 1879, or any amendments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the lawsof the State of Colorado. la Al (Publisher) (Ediker) (Adneist-lasiw-PAniet) Subscribed and sworn to before me this 10th day of September A.D. 19 76pp MY commission expires June 6. 19 A • -e- ,., _€, j, 4'Z9-C� Notary Public from the Office of THE BOARD OP COUNTY COMMISSIONERS WELD COUNTY, COLORADO � re 'lcy, Colorado August 20 1976 Publisher : Please insert the enclosed noticesin your issue -S-eat m r 619 77 6 the enclosed one time only, Regarding the week of voucher and forward it to us . Whe� returning voucher, please include complete complete our files, an affidavit of publication so welmaye Thank you for your cooperation. Sincerely, Docket #76-25 #76-26 THE BOARD OF COUNTY COMMISSIONERS • #76 30 WELD COUNTY, COLORADO BY : Mary Ann Feuerstein County Clerk and Recorder and Clerk to the Board By` t G7g%$2di,l %12 De uty County Clerk F,�✓ t. , '.eXipt,41t4 4 d _,�' r y' . „�. ' v t v'NY`."C� A` L 1 i� +^F• -4 V�' N" ."i '_'fy u 4.4060; �� ; ,.t. .,y..•+e � �-'. ty°'+'�M� �. � '' .tsn` F� • y� • • ) Zfi_> rY; Anw,:"w'Rr"�yy� senfo�w'rrKti 3C'r'Wy"4�`r"''_:�6,'�+'"„�. ro"M„�" y �'yw�d'�,n Mtrw " sr,..;pr+ •w..r•y,,... .r.;ti^•"++k.w, h�Ir.. J+,y... ".Y NOTICE Pursuant to the zoning laws of the State of Colorado, a public hearing will be held in the First Floor Assembly Room, Weld County Centennial Center, 915 10th Street, Greeley, Colorado at the time specified. All persons in any manner interested in the following proposed Change of Zone, Site Plan and/or Recorded Exemption are requested to attend and may be heard. 13E IT ALSO KNOWN that the text and maps so certified by the County Planning Commission may examined in the Office of the Clerk to the Board of the County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. Docket No. 76-30 Sierra Investments B18 12th Street Greeley, Colorado 80631 Date: September 20, 1976 Time: 2:00 P.M. Request: Change of Zone, E (Estate District) to C (Commercial District) , Site Plan of Lot A Recorded Exemption 221, and Recorded Exemption #221 Approximately one-half mile Southeast of Greeley, Colorado. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Jeanne Lou Heimbuck, Deputy Dated: August 16, 1976 AFFIDAVI1 ,r PUBLICATION -STATE OF COLORADO, ) ' i jet . i`r ":ws of )ss. the x First'publc COUNTY OF WELD. ) hea d' on ' - - -"W 915 eon • =} �"�'�� a"--;S�O'YItQr," 915 ?nnan A- Ada l l i no 10th in '1 e.toir Ce4itTado, at —se says: — the time :fled.. All -persona being duly sworn, deposes and says: in any--manner Interested in the 1. That he is the Owner and Publisher of The Greeley Booster following"proposed Change of Site Plan- and/or Recorded a weekly newspaper printed and published in the City of Greeley". Exemption xemption are requested to af- County of Weld and State of Colorado, which has been admitted tend and may be heard.. ( to the United States Mails as second class matter under Act of BE, IT ALSO KNOWN "that the Congress, of March 3, 1879. 'text and maps so certified'by the Weld County Planning Commis- 2. That the said The Greeley Booster is printed and published I sion may be examined in the at regular intervals, one time each week, on Friday, and that it II oof[iCounty lhCommeissioners, lhe ocated has a general circulation in the County of Weld, and elsewhere in the Weld. County. Centennial 3. That the said The Greeley Booster was established and has Floor,Center, r 915. loth o Street, Third been printed and published in said county uninterruptedly and Floor, fET No.ey, 76lorado. continuously during a period of at least fifty-two consecutive weeks DOCKET nv-s6 Sierra 12th hestments e18y, Colorado Street next prior to the first issue thereof containing said.--- -- Greeley, Colorado 80631 Notice ATE: September 20, 1976 _ TI ME: 2:00 P.M. Request: Change of Zone, E a copy of which is hereunto attached. (Estate District) to -C Worn- 4. That the said The Greeley Booster is a weekly newspaper mercial District), Site -Plan of Lot A Recorded Exemption 221, of general circulation, and is printed and published in whole or in and Recorded. Exemption No. 221 Tpart in the said County of Weld in which said — @ arter portion f the ofSouthwee stutQuar ter of Section 16, Township '5 Nnt.i r e North, Ytange 65 West of the 6th Principal aderiaian, Weld` Conn- is required by law to be published, a copy of which is hereto at- ty, Colorado, more particular- tached. ly described as follows: 5. That the said The Greeley Booster is a weekly newspaper Considering the. West Line of the Considering t Quarter ifs said within the meaning of "An Act Concerning Legal Notices, Adver- Section 16 as bearing North tisements and Publications and Fees of Printers and Publishers bearings ; West.. and. with all bearings contained herein Thereof and to-Repeal all Acts and Parts of Acts in Conflict with relative thereto; beginnig at the Provisions of this Act," being Chapter 139 of the Session Lows the Southwest Corner of said of Colorado of 1923 as amended by -Chapter 113 of the Session Section. 16; - thence along the Laws of Colorado of 1931, and later amended by Chapters 155 to west Line of sae Souihwe16. P Quarter of said Section 16 156 of the Session Laws of Colorado of 1935. North 00°25.Oo" West 588.10 r feet toS. the ay '34Northwest Corne- 6. That the said annexed __ wayof U.S. Highway' in book 707, Notice R as i described 1d in bore records of said No. 1$said point e- in county: in- ---- inn. the True l Point -of Basin- was published in the regular and entire edition of The Greeley ning; thence along the North- Booster, a duly qualified weekly newspaper for that purpose, with- orgy line of said described in the terms and meanings of the above named Acts, cs andy the following g courses and distances: South 38e East 101.3'30" feeEast 7. That the raid annexed — 9.8 South 0o East 440 feet; thence South t an Nnt.i ea 44'30" East feet to an existing fence ' line; thence is a full, true, and correct copy of the original which was regularly along said existing fence line published in each of the regular and entire issues of said news- North 00`03'23t East 41t.r- paper, a legally qualified paper for that purpose, lineeet ofto. a point on l.; thence p pe once each week, line of No. 3 Canal; thence on the same day of each week, for successive weeks along the centerline of said canal North 85°05'50" West by TWO insertions and that the first publication thereof 940.18 feet; thence continuing along said centerline North was in the issue dated Aug.. 2.0., 1976 and 60°26'43 West 141.29 feet to the. West Line of the South- that ( e last ub' do w s 1n :6),06,7e dated Sept, 101 197 west Quarter. of said section ��/ P Line thence along said West � _l e last z . South 00°25'00" East 368.61 feet, more or lens to A a Subscri ed a d swo to before e tht. /0' K/ day the True Point 16, 76ginning. }- Dated: August E 1976 Of ... .. 'l'l�V-�'tr 19,L � THE BOARD-OP ' COUNTY COMMISSIONERS A44-1-2-3---;-'43-1 / • C /�' - WELD COUNTY. COLORADO . dc-✓c' d -2 �-- C13y: Mary Ann Feuerstein 'CovEty -clerk. and (Recorder and TCle k.to the Board LJI NOTICE Pursuant to the zoning laws of the State of Colorado, a public hearing will be held in the First Floor Assembly Room, Weld County Centennial Center, 915 10th Street, Greeley, Colorado at the time specified. All persons in any manner interested in the following proposed Change of Zone, Site Plan and/or Recorded Exemption are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the County Planning Commission may be examined in the Office of the Clerk to the Board of the County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. Docket No. 76-30 Sierra Investments 818 12th Street Greeley, Colorado 80631 Date:' September 20, 1976 Time: 2:00 P.M. Request: Change of Zone, E (Estate District) to C (Commercial District) , Site Plan of Lot A Recorded Exemption 221, and Recorded Exemption #221 That portion of the Southwest Quarter of the Southwest Quarter of Section 16, Township 5 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado, more particularly described as follows: Considering the West line of the Southwest Quarter of said Section 16 as bearing North 00°25'00" West and with all bearings contained herein relative thereto; beginning at the Southwest Corner of said Section 16; thence along the West line of the Southwest Quarter of said Section 16 North 00° 25'00" West 588. 10 feet to the Northwest corner of U.S. Highway 34 right-of-way as described in book 707, Reception No. 1629304, records of said County; said point being the True Point of Beginning; thence along the Northerly line of said described right-of-way the following courses and distances: South 36 05'30" East 101.5 feet; thence South 81°05'30" East 709.8 feet; thence South 89°44'30" East 295.53 feet to an existing fence line; thence along said existing fence line North 00°03'23" East 411.83 feet to a point on the centerline of No. 3 Canal; thence along the centerline of said canal North 85°05'50" West 940. 18 feet; thence continuing along said centerline North 60°26'43" West 141.29 feet to the West line of the Southwest Quarter of said Section 16; thence along said West line South 00°25'00" East 368.61 feet, more or less to the True Point of Beginning. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Jeanne Lou Heimbuck, Deputy Dated: August 16, 1976 Published: August 20, 1976 and September 10, 1976 in the Greeley Booster /e � �C p / DATE: August 12, 1976 TO : Th Board of County Commission =rs Weld County, Colorado FROM: Clerk to the Board Office Commissioners : • If you have no objections , we have tentatively set the following hearing for the 20th of September, 1976, 2:00 PM : • Thomas E. Martinez and Florinda T. Pesina, dba Pesina's Cafe, 3.2 beer license Earl Anderson, SUP, Greyhound Training Track Richard Geisert, COZ, C to I-UD and Preliminary Plat Rick Hertzke, SUP, Dairy Farm and residence Eastman Kodak Co. , COZ, I to A-UD and SUP, Open cut mining permit _Clarence Evers, COZ, A to C ' • Sierra Investments, COZ, E to C, Site Plan and Recorded Exemption Amoco Production Company, SUP, Expansion of gas processing plant OFFICE OF TEE CLERK TO THE BOARD L '),47).• uty The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above : DOARD or COUNTY COmmiSSIONERS WELD COUNTY , COLORADO 07-71 t � '�. , `G` .ei /�itnfit ..4/7Fr NOTICE Pursuant to the zoning laws of the State of Colorado, a public hearing will be held in the First Floor Assembly Room, Weld County Centennial Lenter, 915 10th Street, Greeley, Colorado at the time specified. All persons in any manner interested in the following proposed Change of Zone, Site Plan and/or Recorded Exemption are requested to attend and -may be heard. BE IT ALSO KNOWN that the text and maps so certified by the County _Planning Commission may be examined in the Office of the Clerk to the board of the County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. Docket No. 76-30 Sierra Investments 18 12th Street Greeley, Colorado 80631 Date:. September 20, 1976 Time: 1:00 P.M. Request: Change of Zone, E (Estate -District) to C (Commercial District) , Site _Plan of Lot A Recorded Exemption 221, and Recorded Exemption #221 That portion of the Southwest Quarter of the Southwest Quarter of Section 16, Township 5 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado, more particularly described as follows: Considering the West line of the Southwest Quarter of said Section 16 as bearing North 00°25'00" West and with all bearings contained herein relative thereto; beginning at the Southwest Corner of said Section 16; thence along the West line of the Southwest Quarter of said Section 16 North 00° 25'00" West 588. 10 feet to the Northwest corner of U.S. Highway 34 right-of-way as described in book 707, Reception No. 1629304, records of said County; said point being the True Point of Beginning; thence along the Northerly line of said described right-of-way the following courses and _distances: South 36 05'30" East 101.5 feet; thence South 81°05'30" East 709.8 feet; thence South 89°44'30" East 295.53 feet to an -existing fence line; thence along said existing fence line North -00°03'23" East 411.83 feet to a point on the centerline of No. 3 Canal; thence along the centerline of said canal North 85°05'50" West 940. 18 feet; thence continuing along said centerline North 60°26'43" West 141.29 feet to the West line of the Southwest Quarter of said Section 16; thence along said West line South 00°25'00" East 368.61 feet, more or less to the true Point of Beginning. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK SO THE BOARD BY: Jeanne Lou Heimbuck, Deputy Dated: August 16, 1976 published: August 20, 1976 and September 10, 1976 in the Greeley Booster BEFORE THE WELD COUNTY , COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Case No . Z-277 Date August 9, 1976 APPLICATION OF Sierra Investments ADDRESS 818 12th Street, Greeley, CO 80631 _ 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 application tor rezoning from E ( Estates District ) to C__( Commercial District ) covering the following described property in Weld_County , Colorado , to-wit : See Attached S T F OLORADO ss. COUNTY OF WELD Filed wiY.i the Clerk of the Board of County Commissioners 'ifli 1975 COUNTY CLERK AND NECONDEII By _Depu4 be recommended (favorably ) kw xxx )ooxto the Board of County Commissioners for the following reasons : 1 . The requests comply with the Weld County Comprehensive Plan since the development is adjacent to the City of Greeley and the uses comply with those proposed in the City of Greeley Comprehensive Plan, 2, The City of Greeley has recommended approval of the requests. 3. The Weld County Health Department has indicated the soils in the area are suitable for individual sewage disposal systems. 4, The Western Hills Fire Department has indicated they have no objections to the proposals. RECOMMENDATION OF APPROVAL IS CONDITIONAL UPON: 1 . A guarantee that the developer is obtaining water. The developer shall submit said guarantee to the Department of Planning Services prior to advertisement for the Board of County Commissioners` hearing, (Continued) Motion seconded by Chuck Carlson Vote : For Passage Bill Elliott Xlwg , x Passage Jim Nix Chuck Carlsnn___. Tim Weigand Ronald Heitmatl Percy Hiatt The Chairman declared the Resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings . RECORDED EXEMPTION No.0961-1.6-3-RF22L _ obi July 8, 1976 -- OWNER: SIERRA INVESTMENTS CO. , A CO-PARTNERSHI PW`y ,. �� , 1212 - 8th Avenue, Greeley, Colorado /. O That portion of the Southwest Quarter of the Southwest Quarter 4'.. gpv,74 /0 505 of Section 16, Township 5 North, Range 65 West of the 6th Prin- cipal Meridian, Weld County, Colorado, more particularly de- cribed as follows: Considering the West line of the Southwest . Quarter of said Section 16 as bearing North 00025'00" West and C a A" with all bearings contained herein relative thereto; beginning m at the Southwest corner of said Section 16; thence along the West line of the Southwest Quarter of said Section 16 North 00°25'00" West 588. 10 feet to the Northwest corner of U.S. Highway 34 Ad right-of-way as described in book 707, Reception No. 1629304, (/iGinify " lap records of said County; said point being THE TRUE POINT OF BEGIN- NING; ?00O' NING; thence along the Northerly line of said described right-of-way the following courses and distances : South 36°05'30" East 101 , 5 feet; thence South 81 °05'30" East 709.8 feet; thence South 89°44'30" East 295. 53 feet to an existing fence line; thence along said existing fence line North 00°03' 23" East 411 .83 feet to a point on the centerline of No. 3 Canal ; thence along the centerline of said canal North 85°05'50" West 940. 18 feet; thence continuing along said centerline North 60°26'43" West 141 .29 feet to the West line of the Southwest quar- ter of said Section 16; thence along said West line South 00°25'00" East 368.61 feet, more or less to THE TRUE POINT OF BEGINNING. CERTIFICATION OF COPY I, Pat Rymer _ , 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 August 3, 1976 , and recorded in Book No. 5 , Page No. , of the proceedings of said Planning Commission. Dated this 9th day of August , 1976 . ti Recording Secretary, Weld CEO ty Planning Commission pC-Z-006 BEl ,E AE WELD COUNTY PLANNIN O ...ISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMI `. SIONERS Moved by J RenNix that the following resolution be intro- duced for passage by the Weld County Planning Commission : Be it therefore Resolved by tie Weld County Planning Conmission that the following be recommended to the Board of County Commissioners: of Lot A of RE 221 Approval of the Final Site PlanAby Sierra Investments subsequent to the approval of the Zone Change, also by Sierra Investment, for the following reasons: 1 . The requests comply with the Weld County Comprehensive Plan since the development is adjacent to the City of Greeley and the uses comply with those proposed in the City of Greeley Comprehensive Plan. 2. The City of Greeley has recommended approval of the requests. 3. The Weld County Health Department has indicated the soils in the area are suitable for individual sewage disposal systems, 4. The Western Hills Fire Department has indicated they have no objections to the proposal , RECOMMENDATION OF APPROVAL IS CONDITIONAL UPON: 1 . The letter as submitted dated July 30, 1976, to be signed by McDoy Distributing Company and Sierra Investment Company prior to advertisement for the Board of County Commissioners' hearing and that portion of said letter in quotes be made a condition of approval in the resolution by the Board of County Commissioners, 2. The "Grant of Right-of-Way and Easement" and "Warranty Deed" documents being made a part of the approval by the Board of County Commissioners such that copies Motion seconded by J. Ben Nix (Continued) Vote : For Passage Abstain Against Bill Elliott _ Chuck Carlson Tim Weigand Ronald Heitman _ Percy Hiatt J. Ben Nix _ Bette Kountz • Thl Chairman declared the motion passed and ordered that a certified copy of this Resolution be forwarded with the file of this case to the Boird of County Commissioners for further proceedings to COUNTY OF WELD filed with the Clerk of the Ooerd of County Commieslonen f AUG1w 19lo76 cee ni Mt*At*FcaAdty` BY Final Site Plan Sierra Investment August 9, 1976 Resolution of the recorded instruments as attached by submitted to the files of the Planning Commission and Board of County Commissioners subsequent to recordation, 3. Limitation of access onto the future State Highway frontage road to two access points as requested by the State Department of Highways. 4. Final approval from the City of Greeley on the drainage study submitted for the Parcel A of the Recorded Exemption prior to advertisement for the Board of County Commissioners' hearing. -CERTIFICATION OF COPY I , Pat Rymer , Recording Secretary of the Weld County Planning Commission , do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County , Colorado , adopted on August 3, 1976 and recorded in Bonk No . 5 of the proceedings of the said Planning Commission . Dated the 9th day of August 19 76 • `� O. Secretary -BEI ,E ,iE WILD COUNTY PLANNIN .;0aaISSION TtESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMI ` SIONERS Moved by �qn Nip that the following resolution be intro- duced for passage by the Weld County Planning Commission : Be it therefore Resolved Jy tie Weld County Planning Commission that the following be recommended to the Board of County Commissioners: Approval of the Recorded Exemptioniby Sierra Investments subsequent to the approval of the Zone change, also by Sierra Investment, for the following reasons: 1 . The request comply with the Weld County Comprehensive Plan since the development is adjacent to the City of Greeley and the uses comply with those proposed in the City of Greeley Comprehensive Plan, 2. The City of Greeley has recommended approval of the requests. 3. The Weld County Health Department has indicated the soils in the area are suitable for individual sewage disposal systems, 4. The Western Hills Fire Department has indicated they have no objections to the approval, :RECOMMENDATION OF APPROVAL IS CONDITIONAL UPON: 1 , The "Grant of Right-of-Way and Easement" and "Warranty Deed" documents being made a part of the approval by the Board of County Commissioners such that copies of the recorded instruments as attached by submitted to the files of the Planning Commission and Board of County Commissioners subsequent to recordation. Motion seconded by Bette Kountz Vote : For Passage Abstain Against Bill Elliott Chuck Carlson Sim Weigand Ronald Heitman _ Percy Hiatt J. Ben Nix _ Bette Kountz Th) Chairman declared the motion passed and ordered that a certified copy of this Resolutian he forwarded with the file of this case to the Board of County Commissioners for further proceedingsr "" Sierra Investments Zone Change E to C August -9, 1976 2. The letter as submitted dated July 30, 1976, to be signed by McDoy Distributing Company and Sierra Investment Company prior to advertise- ment for the Board of County Commissioners' hearing and that portion of said letter in quotes be made a condition of -approval in the re- solution by the Board of County Commissioners. 3. The "Grant of Right-of-Way and Easement" and "Warranty Deed" documents being made a part of the approval by the Board of County Commissioners such that copies of the recorded instruments as attached be submitted to the files of the Planning Commission and Board of County Commissioners subsequent to recordation. CERTIFICATION 0-F COPY I , Tat Rymer , Recording Secretary of the Weld County Planning Commission , Flo hereby Certify that the above and foregoing -Resolution is a true -copy of the Resolution of the -Planning Commission of Weld County , Colorado . ;'opted on August 3, 1976 and re- corded in Book No . 5 of the -proceedings of the said Planning Commission . Dated the 19 day of -August 1976 Secretary DRAINAGE STUDY - McDoy Distrubuting Company 500 26th Street Greeley, CO 80631 Area of Study - 6.35 Acres = 276,800 square feet Phase I Building = 56,6D0 square feet Asphalt = 54,000 square feet Graund . to remain in natural state = 132,500 square feet Landscape and gravel -areas = 83,700 square feet Composite C = 56,6-00 (.95) + 54,000 (.95) + 82,500 (. 28) + 83,700 (.25) (1. 2) — .56 Phase II Build ng = 98.400 square _feet eet Asphalt = 96,800 square feet Landscape and gravel areas -- 81,600 square feet Composite C = 98,400 (.93) + 96,E800 (.95) + 81,600 (. 25) (1.20) = . 76 Time of Concentration Tc(existing) = 1.8 (1.1 - c) (L' ) = 1.8 (1.1 - .25) (740)12 = 56 min. S 1/3 S 1/3 Tc(Phase I) = I.8 (1.1 - c) (L') = 1.8 (1.1 - .56) 2501 S 1/3 S 1/3 If S = 1.0 % Tc = 15 min. If S = .50'% Tc = 20 min Use Tc = 20 min. Tc(Phase II) =1.8 (1.1-c) (1,1/2) = 1.8 (1.1 -- .76) (450)1 S 1/3 S 1/3 If S = 1.0 7 Tc = 13 min If 5 = .50 % Tc = 16 min Use Tc = 15 min. Existing Runoff Area = 6.35 Acres Runoff coefficient = .25 Time of Concentration = 56 minutes Storm Frequency = 5 years Intensity - 2.2D in/hr. Q - CIA = (.25) (2.20) (6.35) = 3.50 _cfs Runoff from _proposed development Area = 6.33 Acres Runoff coefficient = .56 Antecedent coefficient = 1.20 (taken into account in runoff coefficient) Time of Concentration = 20 minutes Storm frequency = 100 years STORM DURATION STORM INTENSITY PEAK DISCHARGE RATE (min) (in/hr) (cfs) 20 4.75 14. 76 30 3.25 11.56 40 2. 70 9.60 50 2.35 8.36 60 2.05 7.29 STORM DURATION STORM RUNOFF RELEASE FLOW REQUIRED STORAGE (min) (cf) (cf) (cf) 20 17,710 4200 13,500 30 20,810 6300 14, 510 40 23,040 8400 14,640 50 25,080 10,500 14,580 60 26,240 12,600 13,64n Required storage will be 14, 640 cubic feet with a release rate of 3.50 cfs. Runoff from proposed and future devel.o_pment Area 6.35 Acres Runoff coefficient = .76 Antecedent coefficient = 1.20 (taken into account in runoff coefficient) Time of concentration = 15 minutes Storm -Frequency = 100 years STORM DURATION STORM INTENSITY PEAK DISCHARGE RATE (min) (in/hr) (cfs) 15 4. 75 22.92 20 4.15 20.03 30 3.25 15. 68 40 2. 70 13.03 50 2.3-5 11.34 60 2.05 9.89 STORM DURATION STORM RUNOFF RELEASE FLOW REQUIRED STOP.AGr. (min) (cf) (cf) (cf) 15 20,630 3150 17,480 20 24,040 4200 1-9,840 30 28,220 6300 21,920 40 31,270 8400 22,870 50 34,020 10,500 23,52-0 60 35,610 12,600 23,010 Required storage will be 23,010 cubic feet with a release rate of 3.50 cfs. -,l k !. 1 --Inn c.-;-.,*�E-_----,;i.;.-- , a� r�2..-_ ,Lt.._ .. -7^24,_�• ,-1' i 3_> '.-;i . ;)--."--A N n."a -:,h N":`?? - T 2 a v'4; 4 , . .,.:7---r-. -.-4"1 i 7-2---:.-.7,1---',-:--:..-1 -7Y_. .- C`dri0"',Oi j_{•Hii Oi i-1.--7.r--, ) fl!7d� _ f ~ 1/ ,-' y�l 1,-, _L, '.C I -r ' < I - ks ,r. i �� 11 ,. _ - - It� I tY7�iG�/G�G rF -G ^ V 4 W �_ -- -_--. _- _. __.---_ -_ .-.-�L__ �✓ , _____ _, _ __ 1i1 1 — , ,_ ___, J5I n ZI _ y -� f ' 1 o, s x I z lIJ ' i r - - ijl 1 .4 ,_ , ,, , -1';'''1-----1 ',I----- . ; I i n i I__ — v' i - , 1 / i, / a, tT �_ .;' _�� W J ) I I Zr l,- n I I i ?r'--- IZ- J 1 i- X 1I I U jz t I f lid/ 1U• T ' vkl Z u.- 1 , ,[ r- I di s r I" ' r . �i i 1 _ � r!f I Q JIL -, • A', ----7. �' -- Y 4 �, ^-art_'T , r� T 1 -r r `_ �- ..--" I � I C . d r'1" ;Z !R bi-Ilti:". , �-2 J,-i .b n d _--' I 1. Mountain Bell Greeley, Colorado August 2, 1976 Mr. Douglas Sears Sears Investment Corporation 818 12th Street Greeley, Colorado Dear Sir: This correspondence is to confirm that parcels A and B of property located at the corner of First Avenue and the US 34 bypass will be served by underground telephone plant installed on the State Highway Department's service road along the south line of the property. The initial telephone service is for the McDoy Distribution Company on parcel B and will be sized with sufficient capacity to serve any future development on parcel A. Yours truly, William A. Rae Engineer 1 1200 Eleventh Avenue P. O. Box 1200 O-1:2,E E L L Y C O M PA N Y Greeley, Colorado 80631 August 3, 1976 Sears Investment Co. 818 12th Street Greeley, CO 80631 Dear Sir: The availability of natural gas to the proposed property, namely McDoy Distributing Company, First Avenue and 34 By- Pass , will be subject to the gas attachment program on file with the Public Utilities Commission, which went into effect on December 23, 1973. Very truly yours , GREELEY GAS COMPANY _E4 E . Ely Customer Relations Director EEE :ng tow OO HON L. dHT AND POWER LJM, ANY 810 NINTH STREET -POST OFFICE BOX 8 GREELEY, COLORADO August 3, 1976 Sears Investment Corporation 818 12th Street Greeley, Colorado 80631 ATTENTION: Mr. Doug Sears _Dear Mr. Sears: Please be advised that it is the intent of Home Light and Power Company to furnish overhead service by setting poles on the North boundary of the project, located on First Avenue, just -South of #3 ditch. Sincerely, C. E. Liebenau Jr. Field Engineer CEL/ TRW DAVID J. MILLER AND WALKER MILLER ATTORNEYS AND COUNSELORS AT-LAW 804 7TH STREET -P. O. BOX 1424 GREELEY, COLORADO 80631 TELEPHONE 303-352-9467 WLLLIAM F. CORWIN July 30, 1976 -RICHARD E. NEWTON -ASSOCIATES TO DAVID J.-MILLER Mr . Ken McWilliams Weld County Planning Commission Weld County Services Bldg . Greeley , Colorado 80631 Re : Sierra Investments Co . Dear Mr . McWilliams : Please find enclosed copies of the following : Easement ; Teed; and letter of commitment . By way of brief -explanation of each , I would state as follows : 1 . The Easement should be self-explanatory and would create a record of a 12 foot easement measured from the centerline of the No. 3 Canal . This obviously should be recorded prior to the conveyance from Sierra to McDoy . 2 . The Dead from Sierra to McDoy includes both a 20 foot easement along the northern portion of both properties and 10 foot easements along the relevant boundary lines. The 20 foot easement does have a driveway purpose which would "self-destruct" when highway 34 is constructed. 3. The commitment letter suggests that the County resolution contained a limitation on the right to a building permit which would require compliance with light industrial zoning under the proposed Greeley ordinance . As you are probably aware , this sort of affair is very touchy at the present time. I personally would feel that this is the best practical approach to attempt to guarantee a standard of development in the present circum- stances . _Should you have any questions about these matters , please advise me . By copy of this letter, I am forwarding copies of all doc- uments to Td Powers of the City Planning S aff . Ve/y truly y i's , talker er WM/ltt Enos . cc. Mr . Roger D. Sears Mr. Ed Powers July 30, 1976 Board of County Commissioners County of Weld State of Colorac: - County Planning Commission County of Weld State of Colorado Re : Application for Recorded Exemption by Sierra Invest- ments Company, Concerning Portion of_Southwest Quarter of Southwest Quarter of Section 1E, Township 5 North, Range 65 West Gentlemen : Concerning the above referenced item, this letter is presented to you by the current owner (Sierra Investments Company , a Colorado general partnership) and the prospective purchaser of a part of the subject land (McDoy Distributing Co. ) . The purpose of this letter is to provide you with a written commitment of the inter- ested parties to _develop the land in accordance with the class- ification of light industrial zone under the proposed zoning or- dinances of the City of Greeley . It is our understanding that you are concerned that the land be developed consistent with such zoning . We are committed to _do so, so long as there is not a change in that zoning which would make it more restrictive . In order to assure you that we act in accordance with such commit- ments , we would suggest that the resolution approving the pro- posed subdivision contained language to the following effect : "No building permit shall issue with respect to the sub- ject property unless the plans and specifications for the construction are consistent with the standards for a light industrial zone as set forth in the proposed zoning or- dinance of the City of Greeley as the -same exists at the time _of this resolution, or as amended hereafter, so long as those standards are not more restrictive . " We believe that such a limitation contained in the resolution of the Board would assure that the property is developed consistent with our previous commitments to you . Respectfully yours , McDoy Distributing Co . Sierra Investments Co . By By. d GRANT OF RIGHT-OF-WAY AND EASEMENT This Grant of Right-of-way and Easement is made by and Between Sierra Investments Company, a Colorado general partnership, composed of Roger D. Sears, Thomas A. Rapp, Jr. and Harry M. Rapp, hereafter referred to as GRANTOR, and the Greeley Irrigation Company, a Colorado corporation, hereafter referred to as GRANTEE, WITNESSETH: RECITALS 1. Grantor is the owner of a certain portion of the Southwest Quarter (SW1) of the Southwest Quarter (SW1) of Section Sixteen (1-6) , Township Five (5) North, Range Sixty-five (65) West of the Sixth (6th) P.M. , Weld County, Colorado, including that portion of the hereafter described easement and right- of sway. 2. Grantee is the owner of that certain irrigation canal commonly re- ferred to as the No. 3 Canal, the center line of which is hereafter described. 3. Grantor and Grantee are mutually desirous of establishing of record the easement and right-ef-way of said No. 3 Canal as the same crosses and borders the property of Grantor, upon the terms and conditions hereafter set forth. _GRANT OF -RIGHT-OF-WAY AND EASEMENT UPON CERTAIN TERMS 1. For the consideration of Ten Dollars and other valuable consideration, Grantor grants and conveys to Grantee an easement and right-of-way for ditch purposes upon the terms and conditions hereafter set forth for the benefit of the trantee across the Grantor's property, located in the County of Weld and State of 'Colorado, more particularly described as follows, to-wit: A 12 foot easement and right-Di-way south of and along the center line of the No. 3 Canal, which Canal is the north boundary line -of the Grantor's property, and which center line is more particularly described as follows: Commencing at the Northwest Corner (NWCor) of the Southwest Quarter (SW1) of the Southwest Quarter (SWZ) of Section Sixteen (16) , Township -Five (5) North, Range Sixty-five (65) West of the Sixth (6th) P.M. , and considering the West line of the Southwest Quarter (SW1) of the Southwest Quarter (SW1) of Section Sixteen (1-6) as bearing South 00°25'00" -East and with all bearings con- tained herein relative thereto; thence along the West line of said Southwest Quarter (SW/) of the Southwest Quarter (SW1) South 00°25 '00" East 380.44 feet to the TRUE PRINT OF BEGINNING, said point being the center line of the No. 3 Canal as the same intersects said West line; thence along the center line of said Canal South 60°26'43" East 141.29 feet; thence South $5°05'50" East -940.18 feet to the East boundary line of the Grantor's property. Said right-of-way and easement also being described as the North 12 feet of Grantor's property. 2. Limitations on Use: The easement and sight-of-way herein granted is for the purposes of operating and maintaining said No. 3 Canal only. SIGNED AND DELIVERED this day of , 1976. SIERRA INVESTMENTS COMPANY, a Colorado Partnership Roger D. Sears , General -Partner Thomas A. Rapp, Jr. , General Partner Harry M. Rapp, General Partner 1 - STATE OF COLORADO ) ) ss. -COUNTY OF WELD ) The foregoing instrument was subscribed and -sworn to before me this day of , 1-976 by Roger D. rears, Thomas A. Rapp, Jr. and Harry M. -Rapp, being all of the general partners of Sierra Invest.ents Company, -a Colorado general partnership. WITNESS my hand and official seal. Notary Public WARRANTY DEED This is a Warranty Deed made and entered into the -day and year hereafter stated, by and between Sierra Investments Company, a Colorado general partner- ship composed of Roger D. Sears, Thomas A. Rapp, Jr. and Harry M. Rapp, here- after referred to as Grantor, and McDoy Distributing Co. , a Colorado corpora- tion, hereafter referred to as Grantee, WITNESSETH: RECITALS 1. Grantor is the owner of the following described parcels of real property in Weld County, Colorado: Parcel A: That portion of the Southwest Quartc of the Southwest Quarter of Section 16, Township 5 North, Range 65 West of the 6th Principal Meridian, more particularly described as follows: Considering the West line of the Southwest Quarter of said Section 16 as bearing North 00°25'90" West and with all bearings contained herein relevant thereto; beginning at the Southwest corner of said Section 16; thence along the West line of the Southwest Quarter of said Section 16 North 00° 25'00" West 588.10 feet to the North- west corner of U. S. Highway 34 right-of-way as described in Book 707, Reception No. 1629304; thence along the Northerly line of said _described right-of—way the following tours-es and distances: South 36°05'30" East 101.5 feet; thence South 81°05'30" East 352.51 feet; to THE TRUE POINT OF BEGINNING; thence continuing along the Northerly line of said described right—of-way the fol— lowing two courses and distances: South 81°05'30" East 357. 219 feet; thence South S9°44'30" Bast 295.53 feet to an Existing fence line; thence along said existing fence line North 00°03 '23" -East 411.83 feet to a point on the centerline of No. 3 Canal; thence along the centerline of said canal North 85°05'50" West 653.97 feet; thence departing from said centerline South 00°22'15" East 411.07 feet, more or less to THE TRUE POINT OF BEGINNING. The above described parcel contains 6.32 acres, more or less. Parcel B: That portion of the Southwest Quarter of the Southwest Quarter of Section 16, Township 5 North, -Range 65 West of the 6th Principal Meridian, -more particularly described as follows: Considering the West line of the Southwest Quarter of said Section 16 as hearing North 00°25'00" West and with all bearings contained herein relevant thereto; -beginning at the Southwest corner of said Section 16; thence along the West line of the Southwest Quarter of said Section 16 North 00°25'0D" West 588.10 feet to the North- west corner of U. S. Highway 34 right-of-may as described in Book 707, Reception No. 1629304, which is THE TRUE POINT OF BEINNING; thence along the Northerly line of said described right-of-way the following courses and distances: South 36°05'30" East 101.5 feet; thence South 81°05'30" East 352.51 feet; thence North 00°22'15" West 411.07 feet; thence North 85°05'50" West 286.21 feet; thence North 60°26'43" West 141.29 feet; thence South 00'25 '00" East a distance of 368.61 feet to THE TRUE -'DINT OF BEGINNING. The above described parcel contains 3. 74 acres, more or less. 2. By this Deed _Grantor is conveying to Grantee Parcel A above -des- cribed, subject to certain items, and other rights. WARRANTY DEED OF CONVEYANCE For the consideration of Ten Dollars and other valuable consideration, Grantor hereby sells, grants and conveys to Grantee the following real estate and property, situate in the County of Weld and State of Colorado, to-wit: Parcel A above described together with the following easements for the following purposes : 1. A 10 foot easement for utility purposes, said easement being the East 10 feet of Parcel B above described. 2. A 20 foot easement for utility and roadway purposes being the South 20 feet of the North 32 feet of Parcel B, provided however, that the easement shall be exclusively limited to utility purposes from and after the construc- tion of U. S. Highway No. 34 along the southerly boundaries of Parcels A and B above described. Subject to and reserving however , the following easements in Parcel A: 1. A 10 foot utility easement being the East 10 feet of Parcel A above described. 2. A 10 foot utility easement being the West 10 feet of Parcel A above described. 3. A 20 foot easement for driveway and utility purposes, said easement being the South 20 feet of the North 32 feet of Parcel A above described, provided however that the use of the -easement for driveway purposes shall ter- minate at the same time as provided above. All said easements and right-of-ways granted ar reserved hereunder shall run with, and be for the benefit of both Parcels A and B and the same shall be ' binding on and shall insure to the benefit of all parties to this Deed, their heirs, successors or assigns. Together with all appurtenances thereto and warrant the title to the same, sub- ject, however, to the following: 1. 1976 taxes payable in 1977; 2. 12 foot easement and right-of-way for the benefit of the Greeley Irrigation Company, said easement teing the North 12 feet 9f said property; 3. Rights-of-way, -]itches, utility lines, covenants, restrictions and agreements existing and/or of record 4. SIGNED AND DELIVERED this day of , 197-6. SIERRA INVESTMENTS COMPANY, a Colorado Partnership Roger D. Sears, General Partner Thomas A. Rapp, Jr. , General Partner Harry M. Rapp, General Partner STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was subscribed and sworn to before me this day of , 1976 by Roger D. Sears, Thomas A. Rapp, Jr. and Harry M. Rapp, being all of the general partners of Sierra Investments Company, a Colorado general partnership. WITNESS my hand and official seal. Notary Public July 30, 1976 Weld County Planning Commission 915 Tenth Street Greeley, CO 80631 Attention: Ken McWilliams Assistant Zoning Administrator Dear Mr. McWilliams: We have reviewed the proposed zoning change request by Sierra Investment Company on the property described as Pt. SW'SW$ of Section 16, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado, and wish to express our approval of this proposed land use. We do, however, strongly oppose the procedure of rezoning any small parcel of land such as this without full consideration being given to the entire area affected. We feel that such land use changes should be done in full accordance with the comprehensive plan as defined by the City of Greeley and County of Weld. Our request is that all properties in the immediate vicinity of this subject property be considered at this time and that a general comprehensive plan for this area be implemented. Very truly yours, i NDfl TRIAL A S N�RSHIP , By ` J 2 / Roy Lun gall BY. /.,,.. --r---.,-4,3 !..-:(4''' Jirq Smith By 4?</-4,e ' /V C)% 7/Ze44E Paul Bechthold BY ✓c 14i'. ,_,. J'If/.I," ��.. Thos. S. Opdyke 1 / By ; `I L'-4 ' L-�,- d"\, -c•-1 John P. Watson .V t 1 C . tl._ k_ )9dc ),)it, .. - iii - z C ` 42:/0_1.r �G,� L `��� - -__I - •_ ' / it .111�LUj�� 11"3 1'A, VENT OF PLANNING SERVICES WELD COUNTY CENTENNIAL CENTER 915 10th STREET GREELEY COLORADO 80631 GARY Z. FORTNER Wit DIRECTOR OF PLANNING De PHONE 13031 356-4000, EXT.400 COLORADO July 12, 1976 Roger D. -Sears Sierra Investments Company 818 12th Street Greeley, Colorado 80631 Re: Requests for a change of zone, a recorded exemption, and final site approval on Lot A of the proposed recorded exemption on a parcel of land described as part of the SW1 of the SWN of Section 16, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado Dear Mr. Sears: Your applications and related items for the above described requests are complete with the following exceptions: 1 . For the recorded exemption application, our office needs: (ar A copy of the deed to the subject property, (b) A letter from the City of Greeley indic-ating there are two existing water taps in use or that two taps are available for the two proposed lots, and (c) A $2.00 recording fee payable to the Clerk and Recorder which our office will Submit with the plat if it is approved; and 2. For the request for the change of zone, our office needs to be supplied with a list of the names and addresses of the property owners within 500 feet of the subject property and the legal descrip- tion on the site plan needs to be changed to correspond with the legal description on the recorded exemption. I have tentatively scheduled the above described requests to be heard by the Weld County Planning Commission for August 3, 197-6. Respectfully, Ken McWilliams Assistant Zoning Administrator WELD COUNTY COMMISSIONERS GLENN K. BILLINGS VICTOR JACORUCCI ROY MOSER NORMAN CARLSON JUNE STEINMARK y lyt I '/ MENT OF PLANNING SE-RVICES G �m WELD COUNTY CENTENNIAL CENTER \ t 915 10th STREET GREELEY COLORADO 80631 Will GARY Z. FORTNER DIRECTOR OF PLANNING PHONE 1303) 356-4000, EXT.400 • COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will review a request from Sierra Investments Company for a zone Change -from Est-ate to Commercial on 9.-83 Acres in part of the Southwest Quarter (SW' ) of the Southwest Quarter (SW' ) of Section Sixteen (16) Township Five (5) North, Range Sixty-five (65) West of the 6th P.M. , Weld County, Colorado. The meeting will be on August 3, 1976, in the County Commi-ssioners Board Room 1st Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado at 10:00 A,R Comments or objections should be submitted in writing to the P1-anning Commission Office, 915 Tenth Street, Greeley, Colorado 80631 before the above date. Copi-es of the application are available for public inspection to the Planning Commission Office, 356-4000, ext. 400. Ronald Heitman, Chairman We td County Planning Commission To be published in the Booster prior to Auly 20, 1976 THANK YOU. WELD COUNTY COMMISSIONERS GLENN K. BILLINGS VICTOR JACOBUCCI ROY MOSER NORMAN CAlLSON JUNE STEINMARK FILING Ui R I LLD •( NAME �� REQUEST . LEGAL pl =' Xcw,•� y i SCRIPTIGN _ ' &,y -LAND USE t /' -, � \7 J N Ca > ,- . r- l --1-1,,- E O / c, ' I, ------ Co - e LOCATIo, s'-. ZONING N Ci I ' cT' ,. li ( <= s �1l. y. 2 , �s).�>, w COMMENTS ; _, �-cam .) , , / :.. - �I i k BY 4 y Ar 1. Iu,. l Ion i'0-P I CciLED I aii, I Iwo Weld COllnt / E' Ielii tl CCl lllmissioI -355. - ],' I ' SCI ii,, us I dild ; oe , Greeley , Colo . FUR PLANNING DEPT . U , E OHLY : LPND CODE : EASE N0 : ]pt--... ,7a T : S : 1 /4 : - c2,1:0, �� DAVE : ,7y^174. LE CAL ()ESC . -APPF — 7 APP . CHECKED HY AICL . ILL : -EE _c:. -1,( DATE SENT TO BOARD: �LCUk01N(� FIT: RECEIPT NIL : UA7EU FILED E ECCR EO . _— 1 { -- TO 3E COfiPLETE:D ( Y AflLICi11JT ('7 i !; t. or type only except for resuired C, i -.,natures ) : I ( we ) , the undersigned hereby regv: , t that the following described ornp-- erty he designated a recorded rr'xcunpti "n by the Weld County Board of County Commissioners : LEGAL DESCRIPTION : See attached maps. I ACREAGE : LOT "A" 6. 32 A-c • • 3. 74 Ac. -- ----------- - - ' r.Gi B --_ - ---- ; TOTAL : 10.06 Ac. HAS THIS PROPERTY REEIN DIVINED FROiiHR HAD DIVIDED FROM IT ANY OTHER PROP- ERTY SINCE AUGUST 30, 1972? YES NL} X FEE OWNERS OF PROPERTY : 818 12th Street HAKE : Sierra Investments 80. Alt),U t,. ,.r� _-__.__.___— Greeley, CO 80631 PHONE : 356-7700 NAM-E : ADCRF`.'S; PHONE : — NAME : — �ID12E; — — -- -- --- - — - — — --PHONE : WATER SOURCE City of Greeley TYPE OF SEWED.' On-Site disposal until City servile available P-ROPOSED USL Commercial . I hereby depos-e and stete under the penalitie5 of perjury that all statements proposals , and/ or plans :submitted with or contained within this application are true sod ccrrect to the best of my knowledge . - cowl FY OF WELD' STATE OF COUP/Q:0 _ \ l --- --- --- Signa ' erIA1 mn or Author Ile_Agent �c Subscrited and sworn to before me this 77. day of tli__ , 19 7 SEAL 1�� l 1 • /-/tom,,. =-- I y' commi s .• o ezci res : • -. - _ -.T--- 1 r '7 T I ITT r I Arno „,,. I '_'L 00.I F- t t A I ' r I .' i He. I rely . In7C il'.PIt ? : Slim ll 11 'IT': Ii. . R t,l ill 4 h, 1 1212 vvenue , ( ree ry Col o a le Midi Port ion 01 I he ' r ri tir;r 1 I1 I Pr of I hi . II ' ' rl'irr.te,. ',,f r `r.ti of 11 , , rh"n ,i1 ' I' 1i 'limit h , 1.1.11M(‘ ('5 fit t hr, 1.l' I frig- ti cipal Meridian , 'Tell Count.'„ Fe or,olo , more part icoI ir1y dr- e) reibed as follows : Cons iderinrr the ,lest line of the Southwest � ' aQuarter of said Sect_ion 1F as hearing North 00025' 00 ' ',lest and e g a `a with all hearings rOn(Ai rind herein relative thereto; beginning Is 1 at the Southwest cerner of said Sec 1, n 16 ; thenco alnn-r the R5:,t. 4 line of the Snufheur t OT)ar`er of slid (cocoon 11, Tort I) be t bite # 'West 500. 10 feet tr the Northwest r, nrr ^r of U . S . Iltrh ay ";1 (hG7n/fy tidA p _ rih rit of -.way as des, liked ed in hoof. -''r ' , 'eceptinn fin 162c': Ir, , —,a x�c, )� records of said C()linty; ;girt point heino MIT 1011L ( r 9 or Illr;li- ar '- � .�" , SIIIG; thence along the Northerly line of said described ririht-nt-wr.ry the following courses .'. and distances : South 36 nti'i0' Fast 101 , 5 feet; thence South £21 ( 51 f" f 5st 7(19 . ' feet ; thence South U9 141311" Last 795. 53 feet to an existing fence 1i no; I hence ,along said existing fence line North 00 03' ?a" Iast all .1(4 feet Le a point on the canter I in() of No . Canal ; ' thence along the centerline of said canal North 25' (15 ' 5(1 I West 040. Ir.. fte1. ; thenc° coati ruing alone said center 1inn North C0 71,' +11" West 1x11 . 70 feet to the Fleet line of ! h„ coifAhwrl,,t rluar- ter- of calif 5,ecl if IF, ; thence11ong said blest line South nn c (� Ol' l act ,t, . I ' fret . 'morn or 1 less to HIE RUE POINT OF I;Le1 9111fin. SIERRA INVESTrtLflIS Co. being the sole owners in fee of the above deer.; ibed I'rcnter,,,, do hereby divide the sale as 'shown on Iheattaehed map. i . . . .. . . The foregoing certiIrr :ation my; acfnnwledged before Pe this day of A.D. , ' 9 - . Ply ( mini s sine expires Witness my hand and seal : { Beta)/ Public S.?%"s328'W xd27 59' - l r-. G,r •6to!A al :' s a 1 �I b I'c) 1 n l II % . Fl>� . .� p . P R, N �yo Na 3 �1 ' L ,ass — _ � t a A,, AS'0y 60H! mvo,B e t I Od B/ F4JTi_ I ur O 10 ♦,_a5� l I sl i^o PARCEL ti PARCEL �r �' a 1,1 'Gt,o• °Br ( 6.32 AC.) Al W 1.,. �� ( 3.74AC ) . 2 a _NC �eafSx/Paf1 �4T ' n (( I Sz 52. 441//77 Of 6 4V //!t ;74 y t , f c I I ' dro=p ° Ira , y "3, J S•8°+126:9..05.,543/ "] `\ S i 35 r' I 0 \v' � .y US b70t 34' !' O-W I' m .:-1 'i' ti m I U I g,,,/ 7.'7 Res ,✓o /l02%3081 i — d I' fie° o lI. I Z Vi n. —..- - 4 cj14'var al C%147 G8 --- N:8e44Y'B'E d1/5/, �>E Car r 5oR"..1 of 5'52/6 FEld b,1geGnr of r7.ti Ca gea/e- /2r'?OO' • Pins gel I hereby certify NH' this plat was prepared un'1er my The acrompanyinrl plat is at : carted supervision and that it ref Iec' s rho results of a stir- and approved fee filing . vev of lines of err rlpat ion and doe-, not ref lect., ct- ly the actual decry ipl. ion as described in the current Chaiman of the Go,rd deed in hook 511 , Reception Ile. 15(15223, records of said of County ( erlmissioners county of that portion of the Southwest Quarter of the ATIIST: County Clerk Southwest Quarter of said Section 16 as ahove described _ and the same is correct to the best. of ray knoyvledge and by belief. ( (� ----y / Dated : I t . ��ale�1 01hauser), .01'O P. F . R I .S. 5007 -. _.1 I o i. - - rl , I ' "c1.0 CaINTY PLANNING CLRTIFrCATE ()r C':!t;'rFiAUCES COMMISSION '11TAtE OF CQLURAt1J) f;OUNI '.' OF ) • The Chicago ; ' i f..i INSURANCE or ABSTRACT COMPANY` hereby certifies ttiat—ft E..! wac;e a careful search of its records , ane finds the fol icii :i.; t'en; eyances affecting the real estate tJocrib2d i:('rein i ' i1: ' :iJ !:t 30 , 1972 . 4_ECNL DESCRIPTION : The South Half of the Southwest Quarter of the Southwest Quarter of Section 16, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado, except parcel conveyed by deed recorded in Book 388, Page 575 and except parcel conveyed by deed recorded in Book 707 as Reception No. 1629304 and except that parcel condemned by instrument recorded in Book 202, Page 177. Also that part of the North Half of the Southwest Quarter of the Southwest Quarter of Section 16, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado described as follows: Beginning at a point on the West boundary of Section 16, Township 5 North, Range 65 West of the 6th P.M. , which is North 660 feet from the Southwest corner thereof, and running thence East 1056.8 feet along the South boundary of said North Half of the Southwest Quarter of the Southwest Quarter of said Section 16 to a point; thence North 118.7 feet to a point in the middle line of the No. 3 Canal; thence North 85°4' West 106Q.8 feet to a point on the West line of said Section 16; thence South 210 feet to the place of beginning. CRNvc.YAtr:LS if r;r;rF d1)pt�iir P.ec(,p `ion ;lo: 1629304 [look 707 F' arrT t.i nn t� _� R,.ok i'erept i oit no._ u, Book _ RecoptinBook R+ cif C rt ��U ---� _._. ._. ,.. ... , Hook .. P e, .p t i f,r .,o __ , Book_ P cr-ption no. _ �_.__._.._..._ w. ., Book _ Tni : t.c_rtific1i, is r de for the use and benefit of the Planning Commission c{ Wald County , Colorado . This Certificate is not to he coast»uc ei a-, an Abstract of Title nor an opinion of Tit, ror a guaranttl!4 Title , and the liability of Chicago Title Insurance COMPANY is—he ti:iTTTi `i!Vis—the a.nour3':. or:»q-Vii i id for this Certificate . In 'ti tness Whereof , Chicago Title Insurance COMPANY has r. •it;:,ed the ::6rET zcatc to be shoed by--ifs proper officer this 29th day of__ June , A. D. 19 76, at 7:00 A.M. Chicago Title Insurance Company __._ . ___%- iy - JJ I I l'' I File No. 1174-1-1 HOGAN & OLHAUSEN, P.C. Engineer - Surveyor . 2300 W. Eisenhower - 667-6286 Loveland, Colorado 80537 RESULTS OF PERCOLATION TEST Date of test: 14 June 1976 Test No: 1 Depth of Hole: 27 3/4" Location of Test Hole (must also be shown on plot of lot or on subdivision plat) : Northeast area, SW1/4, Section 16, T5N, R65W, Weld County, Colorado Name of Subdivision: McDoy Distributors - 1st Avenue & 28th Street Block No: Lot No: _ Street Address City Water for saturating and swelling of the soil was placed and kept in the hole from: 10:00 A.M. 11 June 1976 to 12:56_P_M. _ 14 June 19_76 (Specify AM & PM) Time Date Time Date ------ ------- --- PERCOLATION TEST MEASUREMENTS -- (Use separate sheet for each test) Depth to Depth to Water at Water at Start of End of Drop in Rate: (min Time at Start Time at end Length of Interval Interval Water Level per inch) of interval of interval interval in Inches in Inches in Inches Col . 3 + 6 (1 ) (2) (3) (4) (5) (7) 12: 55 1 :25 30 min. 16 11 2±1/4 6 1 :25 1 :55 30 min. 15 1/8 20 3/4 5 518 _ 5 1 : 55 2:25' 30 min. 11 18 1 2 7 1 2 4 2: 25 2: 55 30 min. 10 1/4 17 5/8 7 3 2: 55 3:25 30 min. 9 618 16 5/8 _ 3:25 3: 55 30 min. 9 5/8 16 1_L4 . 5/8 3:55 4:25 30 min. � 8 7/8 15 3/4 6 7 8 4 4:25 4: 55 30 min. 9 3/8 _ 15 3 4 6 3 8 5 I certify that this percolation test, the results of which have been recorded above, was made by the undersigned or under my direct supervision and that said test was made pursu- ant to the procedure prescribed by the Weld County Health Department. Signed: James Draxler **Test holes shall be to the depth of the proposed trenches. It is recommended that the test holes be not less than 24" in depth. Test readings shall be for at least 4 hours. If the last reading is not representative of a constant rate, it will be necessary to continue the test until a constant rate has been reached. 1/22/76 ST 57-10 SIERRA INVESTMENT COMPANY Sierra Investments Company is making three requests simultaneously: 1 . The first request is to split the property into parcels of 6.32 and 3.74 acres through the -Recorded Exemption procedure; 2. Coincidentally, Sierra Investments is requesting a change of Zone from Estate to Commercial on both the parcels; and 3. Finally, Sierra Investments is requesting approval of a final site plan and final construction schedule for Lot A of the proposed Recorded Exemption. IF 1111 Q- VIII I I +(1 REZONING APPLICATION d P - I Weld County Planning Department Services Building, Greeley, Colo. Am PLANNING DEPARIMHNT USE -ONLY: CASE NUMBER: e : 71c�) PC HEALING DATE: 45 0/1 1 SC: TWP RANGE: CC HEARING DATE: l LAND CODE: i': 5: 1./4.: KEY: SUB/DI V CODE: SUB: BLK: .LOT: KEY: RS,FER TO: REZONING FEE: .--)C1 , (-'(: 1Y-P/ 1 ) Date: APP. CHECKED BY: 2) Date: RE C.. NO. : SS 1 a `j 3) Date: LEGAL DESC. APPROVAL 4) Date : TO BE COMPLETED BY APPLICANT IN ACCORDANCE WITH PROCEDURAL GUIDE REQUIREMENTS: Print or type -only, except for necessary signatures. I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning proposed rezoning of the following described unincorporated area of Weld County: _LEGAL DESCRIPTION: See attached sheet (If additional space is required, attach an additional sheet of this same size) . STREET LOCATION: Cor. 1st Avenue & U.S. Highw34 PRESENT ZONE "E" Estate PROPOSED ZONE C" Commecisl APPHOX AR.fA: 9.83 Ar PURPOSE: Parcel A - iiiQhy/ _v-rely ed_Commercial Parcel R - Cold Stpr��n Aare ����p IS THIS AREA PLATTED: YES( ) NO ( x).fi IF PLATTED, NAME OF PLAT: IS THIS AREA TO BE PLATTED: YES ( ) NO (X): IF ANSWER IS YES, HAS PLAT BEEN SUBMITTED: YES ( ) NO ( ) . *Exemption request concurrent. FEE OWNERS OF AREA PROPOSED FOR REZONING: 1212 8th Ave. NAME: Sierra Investments Co. ADDRESS: Greeley, CO 80631 TEL: 356-7700 NAME: ADDRESS: TEL NAME: ADDRESS: TEL: 1 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. COULTY OF WELD ) STATE OF COLORADO ) Jie I Sig st re Owner or Authorized Agent _ I _LSbscribe and sworn to before me this " day of , l9_7 . SEAL /�:� ���. NOTARY PUUL1G/ My coroission expires: '�, 0-7J HOGAN & OLHAUSEN, P.C. ^ �1I I ,I 1 Engineers & Architects III ' I 103 18th Street Greeley, Colorado 80631 June 28, 1976 Sierra Investments 818 12th Street Greeley, Colorado 80631 RE: Job #5241-1-1, Property at 1st Ave. & Hwy. 34 Attention: Mr. Doug Sears Dear Doug: -This is a list of landowners within 500 feet of your property at 1st Avenue and Highway 34, which you will need for rezoning purposes. Franklin Cycle Sales, Inc. Industrial Acres, c/a Opdyke Agency 2-825 1st Avenue 1309 10th Avenue Greeley, Colorado 80631 Greeley, Colorado 80631 Scott, H.D. & Lillian F. Highway Department 501 E. 28th Street 1420 2nd Street Greeley, Colorado 80631 Greeley, Colorado 80631 Black, Lewis M. & Isabelle P. (Qi+cl j Scudder, D. Rea 121$ 23rd Avenue_Court J „\ !iLi_.. ,_ 2605 1st Avenue Greeley, Colorado 80631 t'; , , i _ A(;Q Greeley, Colorado 80631 Miller, Allie E. Route 4, Box 292 Evans, Colorado 80620 If I can be of further assistance, please so advise. Very truly yours, HOGAN & OLHAUSEN, P.C. Paul Speck Office Co-ordinator 7 T MIL 11 X11 I In • 141 1 a • -;. . fi , . .. _.. ......l l! v.. �...__ .... ...__ .._ Z ..�..:......,. ...-..:a ..tom. �\L'd.�sQ..a r. �.'-' ' OEELEV CIVIC CENTER GREELEY COLORADO July 22, l-97B 8061 Sierra Investment Corporation 818 12th Street Greeley, Colorado 80631 Subject : City Water Service to Proposed Distributing Company Gentlemen, City water service to your proposed distributing company which would be located near the 2700 block of First Avenue would require the construction of approximately 1, 300 feet of B-inch water main. Water pressure in that area appears adequate at this time to serve the proposed development through the new 8-inch line. Since the present City policy on construction of new service mains requires that the developer provide such mains , I suggest that your organization develop a proposal whereby Sierra Invest- ment Corporation , along with other interested land owners that would abut the new extension , construct a line with the under- standing that the City would collect a construction Tee from anyone tapping the new line at a future date who had not parti- cipated in the original construction . The City has , in the past , extended water mains using the above procedure and we would be happy to assist you in any way possible . If you have any further questions , please advise. Sincerely , CITY OF GREE EY airy A eman, pirector ift Water" and Sewer Department DDA/pjh 04 `1st ZCIC�['er R Jilt crt 476 � l� Weld feat � ,, . .•/l\ffwfr\.ymV /ln nnfrint.C4c,„ �. flaAe7QC °pMieslod• i Ig!N.01 n y ' \ pp i n r \-7 t,", ROCK 584 .. I} P Jul 2 0 fg6; rl ill (I toka _._..%.._- -/ wee. A A EXCHANGE DEED Recorded_ o'clock M. atwt -_ tw Reception No. ___ _Recorder 4 _ _ TNIS EXCHANGE DEED, Made this. /91 day of _july, A.D .967, between ROGER D. SEARS, THOMAS A. RAPP, JR. and HARRY M. RAPP, t' 'doing business as 'SIERRA INVESTMENTS COMPANY, • Yl o Party of the First Part, and D SETT L. HOSTICK and IRENE MAY HOSTICK, IN JOINT TENANCY, cP of the County of Weld and State of Colorado, Parties of the Second Part, WITHESSETH: wv lg That Party of the First Part hereby grants, bargains and sells unto the Parties of the Second Party, in Joint Tenancy, the following described property situate in the County _of Weld and State of Colorado, to-wit: The North 140 feet of the Kest Half (F; ) of the West Half (W,4) of Lot Two (2), Block Seventy-two (72), City of Greeley, accord- _ing to the recorded map or plat thereof, with all its appurtenances, end warrant the title to the same, -subject to taxes for the year 1967, payable in 1968. And_Parties of the Second Part hereby grant, bargain and eell to Party of the First Fart, their successors and assigns, the following de- scribed real,property situate in the County of Weld and State of Colorado, to snit: The South Half ($ ) of the Southwest Quarter (SWh) of the South- west Quarter (S".iu) of Section Sixteen (16), Township Five (5) North, Range Sixty-five (65) West of the 6th P.M., excepting therefrom a parcel conveyed to William H. Adkins and Elenora Adkins, by deed recorded in Book 388, Page 575, Wald County Record°; and That part of the North Half (P3%) of the Southwest Quarter (S0) of the Southwest Quarter (Sl) -of Section Sixteen (16), Town- 7g chip Five (5) North, Range Sixty live (65) Kept of the 6th P.M.,described as follow: Beginning at a point on the past boundary of Section Sixteen (16), Township Five (5) North, Range Sixty- five (65) West of the 6th P.M.. which is North 660 feet from the Southwest scorner thereof and running thence Eaot 1056.8 feet along the South boundary of said Worth Half South- west Quarter (St 4) of the Southwest (514 of ts Section said S°uec- Sixteen (16) to a point; thence Northu 118.7 feetarter ) of toapoint in the middle line of No. 3 Canal; thence North 85°4' West 1050.8 feet to a point on the West line of said Section Sixteen (16); thence South 210 feet to the place of beginning. Together with 3 sharer ofGreeley Irrigation Company and 1 share o₹ Delta Pipeline Company, with all its Appurtenances, And warrant the title to the acme, 'subject to rights of way for roads, flitches and utility lines existing and of record, F ■1 I■II Ill 1 •)i)titi'J,; A —A N. '"•. and to A Page""= S2,7 greemeWeld nCounlatRerorduseand to certtaxeain yell,rernr' l in "s=ic 282,for the year 21-.: *, Nayable In i Signed and delivered the -day and year first above -written. 4 v 'mil 11 __ _(SEAL) t 1/42 I< (SEAL) Doing as as Sic •ra`i vca ,ta Za patty First Party ... 1/2L (.SEAL) STATE OF ..- "'-r�" S/ Par (S ) -TATEt COLORADO) lift,3+ of Fold )8S ••6 YI. -trsgoing instrument was acknowled _ ?�*� $nd I r.."hT —' A.D. 1967, by D. S adore er this 1� dayw is W,• � my d each of theem,�doinrg business as SierraTnvooi7:s nts y} p�D and official seal. ; �, � asion expires: Tuc /� —4.4. O F t o\o``. gN......... ff STATE OF COLORADO) Notary ,hue County of laid )88 The 1 oregoi of Y, ng jet ruarnt was mac}nayl d 1 and eac f t em, —• A.D. 1967, �y Everett e N tlek this /c day WITNESS my hand meted official seal. and Irene ley llestick, '1,.8 ;�wesission -expires: arty is, 1-9 � hoSary public I IT III I 1. RI I _. . ___- _ _. _ . TT III r t, i 5 I:\ ! IA i -1 • IIt . v t , '1"' l I" •I L r , IS �ck ( 0 ` Y I .gh1111 I .. III I II piII 1 i { e J E ti ; S Pp ! ;R 0 3 "I 4 $ IP 1 0 \ 11 iv. t V . " - . IT(T(1c ' r k I , , ; g 4T 11�;_ T:I T �� i r ' S r I x ' L. k g ' 0 Y E` . 1 • . n ik rll tc(i,d i ) '1 ' 7 il.Li s S'w l". i" x k i'�. k v x p n t .�� I ,.t Pt. ti}tl 1 au i 1 4 L " i sy a s m L ey =u :3 d zi ( o' T T 211 '-' a' �+ r z; 2t. Ys e �e i��� y xe " n " " ( " t %. J , Ej', i 3 f .2 2 - qR o ,a i.nI. i 9 . !• I. C a s € ' t' ( z ti y • i ( c@ si, t ANSWERS BY THE PETITIONER TO QUESTIONS ATTACHING TO REZONING APPLICATION 1 . Because the subject land is adjacent to South First Avenue, which presently is a county arterial highway servicing industrial and commercial traffic, and is adjacent to the State ROW for the easterly extension of U.S. Highway #34 , it would be both impractical and undesirable to develop subject land as it is now zoned. 2. The proposed rezoning will benefit all of Weld County because it will allow for light industrial and related commercial usage compatible with the neighborhood and the area. 3. The City of Greeley has officially recognized the appropriateness of industrial and commercial usage in the entire area in which this subject parcel is situated. 4. The physical features and location of this property, as well as with immediately surrounding properties, appear most suitable for the zone being requested. 5. Other areas in the county already zoned "C" are not deemed by this petitioner to be unsuitably zoned. The fact is , that there is now insufficient "C" zoned land in Weld County, especially in near proximity to Greeley. 6. U. S. Highway 34, now in construction, is dramatically altering the character of all abutting lands. 7. 5.33 acres are now under specific performance contract with McDoy Distributing, an established Weld County business , subject to rezoning approval . 8. McDoy Distributing needs to be in the newly constructed facility on this site on or before December 31 , 1976. A contract is already signed with Hensel Phelps Construction Company for the building of this facility. SIERRA INVESTMENTS, a Co-Partnership /= 2 1 < ___ . Roger\ D. Seers, Partner c -_- _ \--e- t/ eC S i / 62,,y, ri../ . r \ N 1,1/4[6 Car� /,, ... _ � • 1 0 ■ " ;;JA it�\ Qd qO-„,„_,,,� �i i IN y' 1 . to i 1� r 4' 4 C U 45 /_ „� d No. (3n z ` NQ �. W /G: -, per. - - __ i Z-277 Referrals 1/2- City of Greeley tly111 a-' City of Evans ) ra-- Western Hills Fire District tip a-- County Engineer 11 2-- County Attorney t),1/3_ County Health t) )2-,•fr Bette Kountz Planning Commission Member • STATE DEPARTMENT OF HIGHWAYS JACK KINSTLINZER EXECUTIVE DIRECTOR DOH FILE 04-41 DIVISION OF HIGHWAYS DISTRICT 4 E. N. -HAASE Y + iu DWIGHT M. BOWER CHIEF ENGINEER NR "' DISTRICT ENGINEER E N` STATE OF COLORADO P.O. BO% 850-1420 - 2ND ST. • GREELEY, COLORADO 80631 • (303) 353-1232 July 28, 1976 Weld County US 34 Bypass - E. Sierra Investment Co. (McDoy Distributors) Mr. Ken McWilliams Assistant Zoning Administrator Weld County -Planning Lommission 915 10th Street Greeley, Colorado 80631 Dear Mr. McWilliams: The Colorado Division of Highways has reviewed the request of the Sierra Investment -Company for a Zone Change, Recorded Exemption, and Final Site Plan on Lot A and has the following comments: The proposed site is adjacent to a proposed Frontage Road of the U.S. 34 Bypass. The Division has prepared plans for the construction of the Frontage Road. In fact, we are proposing to advertise this project for bid on August 19, 1976 with construction to start around the middle of September. However, we _cannot assure the developers that the Frontage Road adjacent to their site will be complete for their use before the end of this year. 'The Division has been contacted by Mr. Baker of the Baker Company Engineers as to coordinating their construction activities so as not to hender our construc- tion activities. Mr. Baker has assured us that access to their site will be 3lirectly from First Avenue until such time as the Frontage Road is complete tnough for their use. The Division has been contacted as to the number of road approaches and the Division is willing to approve only two. This will be worked out through our District Maintenance Superintendent and the applicants. Thank you for allowing the Division to review the above. Very truly yours, DWIGHT M. BOWER DISTRICT ENGINEER t ' E _ AC: cc: D. M. Bower Albert ChotVacs Fraser-Yost Assistant District Engineer File - D. M. Graham w/plat via -Finch-Patrick-Crier rn .„:.,•.,,, r ,. arm ' -'B,rii `, ._ ,..� T 1 1! . IRT/iff illOria" 1‘11- tit f. + I.. Kti+ Jh ""t..�'�1��^'•- ♦i a + w —ttst4 sl•1 V '' ,k �r"1i1'�" Jet � : 1I� ''�,ro` GPI f I E1 r:IA c> rr nI r- 89 n,/ n fb July 28, 1976 ' ''s rib tc, J Mr. Gary Fortner Weld County Planning Department 915 - 10 Street Greeley, Colorado 80631 Dear Gary: The City Planning Commission has reviewed the referral for a land split and rezoning for the property located at First Avenue and 34 Bypass. The Planning Commission recommends approval of the land split and rezoning subject to the property's being adequately servecFby water and sewer. In addition, there was extensive discussion regarding access to the property to be sold to the McDoy Distributing Company. It appears that the access problem would only be limited to the construction period for McDoy. This results from the timing of the State Highway Department in their construction of 34 Bypass. It appears that the problem has been resolved because the owner of the property has indicated a willingness to provide temporary access during construc- tion. If you have any other questions regarding this issue, please -feel free -to contact me. Sincerely, Q/Lt/rK �ltgak* Sam Sasaki Planning Director SS: lb "A COMMUNITY OF PROGRESS" lfil T IA( ElOARD -OF HEALTH r ( County 1 rn/l A Depar n [nj!if PINT m ICON Mil I FRANKLIN U. VODER, MD. MPH 1516 HOD TAI 110AD nn1.l it AAD GPI ELI DIRECTOR GREELEY. COLORADO 8O631 icR. POOL. N „ ,,,,„cI ,IrzMAN. cUrllry 13031 353 0540 DAVID RKING DOS E1.EY July 19, 1976 Sierra Investments Co. 818 12th Street Greeley, CO 80631 TO WHOM IT MAY CONCERN: We recommend approval of Sierra Investments Company Recorded Exemption of 818 12th Street, Greeley, CO located in the SW , SW1, Section 16, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado. The soils are suitable for individual sewage disposal system. Sincerely, glen E. Paul , Director Environmental Health Services GEP:dr cc Gary Fortner Planning Dept. 1.� t I .... Department of Planning Services July 21, 1976 Weld C9unty Centennial Center 915 -Tenth Street Greeley, Cplorado 80631 TO WHO?? IT HAY COITCEPN: Regarding the requested zone -change and proposed site plan submitted pertaining to the property described as Pt. SV."/F SS). Sec. -16 T5N 8657.' (Sierra Investments L`ompany) , no objections are hereby -submitted by the Western Rills Fire Department with the stipulation that ade- quate water supply in the form of _fire hydrant(s) be placed on site, readily accessible, and suitable to provide fire protection _of the structure `�in the event of need. JA[-'5S B. -EDJAPD3 SR. FIRE CHIEF WESTEPI HILLS PIPE DEP`. RTA' �1 JBE/rde -'1(C-CV /1. C''l-c... -1-74_P/ f , et itl Lc_ i 1'tjGcc 1 e I - A j . 11 c '',E,!2,:,, L i TO I 1 O = Western Hills Fire Protection District WEST 356-1223 — P.O. BOX 1765 GREELEY, COLORADO 80631 - EAST 356-1424 1 F[ To_______JCar__MC W 11_L73asn s _ Date__SliAJ y 2 0 . 19 7 6 COLORADO from Engineering Department Sierra Investments Company-Recorded Exemption , lone subject: Change , and Sit-e Plan The Engineering Department has no adverse comment on this application at this time . This department would desire to check the drainage plans with the City of Greel-ey as this is in their Comprehensive Planning area . G . Frank Sfiith , Jr . mfm -ctip iity titi y tot /t , In' 1 IF l� I ri July 30, 1976 Weld County Planning Commission 913 T-enth Street Greeley, CO 80631 Attention: Ken McWilliams Assistant Zoning Administrator Dear Mr. McWilliams: • We have _reviewed the proposed zoning change request by _Sierra Investment Company on the property described as Pt. SW'1SW4 oT Section 16, Township 5 North, -Range 65 West of the 6th P.M. , Weld County, Colorado, and wish to express our approval of this proposed land use. We do, however, strongly oppose the procedure of rezoning any small parcel of land such as this without lull consideration being given to the -entire area affected. We feel that such land use changes should be done in full -accordance with the comprehensive plan as defined by the City of Gr-eeley and County of Weld. Our request is that all properties in the immediate vicinity of this subject property be considered at this time and that a general comprehensive plan for this area be implemented. Very truly yours, SNDUSTRIAL A S A NBRSHIP I - BY �er 4� -- - , j/' �2" i ' Roy Lunnvall j F Jim Smith Paul Bechthold Thos. S. Opdyke 7 N Johh P. Watson 1 • 1 , t{ . (-6*r,�w i i r -111 -irt Fl in F @ 'Ill 11 I Mailing List Z-277 Sierra Investments 1 . Industrial Acres 0pdyke Agency 1309 10th Avenue ' Greeley, Colorado 80631 2. H. D. and Lillian F. Scott 5.01 East 28th Street Greeley, Colorado 80631 3. Allie Miller, et. al . Rt. 4, 'Box 292 Greeley, Colorado 80631 4. Fred Franklin Rt. 4, Box 290 Greeley, Colroado 80631 5. D. Rea Scudder 2007 27th Street Greeley, Colorado 80631 6. Lewis M. and Isabella F. Black 1218 23rd AvenueCourt Greeley, Colorado 80631 II all ll IT If T Hello