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HomeMy WebLinkAbout791007.tiff RESOLUTION RE: APPROVAL OF CORRECTION TO AMENDED VACATION AND REDEDICATION OF A PART OF HIGHLAND HILLS SUBDIVISION. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS , the Weld County Department of Planning Services has requested that an error be corrected in an approved plat known as "Amended Vacation and Rededication of a Part of Highland Hills , " and WHEREAS, said property is described as Part of the North Half of Section 15, Township 5 North, Range 66 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, said request would delete Lot 3 , Block 12 , High- land Hills Subdivision from the approved vacation plat and re-establish the lot as shown on the plat of Highland Hills Sub- division recorded under Reception No. 1346042 on January 13, 1961 . NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the request to correct an error in an approved plat known as "Amended Vacation and Rededication of a Part of Highland Hills , " as hereinabove stated, be, and hereby is, approved. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 26th day of September, A.D. , 1979 . • t) ^✓y` t' " • BOARD OF COUNTY COMMISSIONERS ATTEST: LD COUNTY, COLORADO Weld County Clerk and Recorder ,` (Aye) and Clerk to the Boa I Norman Carlson, Chairman y: tiS 7 f .(PL -fi (Aye) "Deputy Count erk Lyd Dunbar AP RO D AS TO FO c� �; 1i/rby (Aye) e) / c1.� 1' / l 61-741c-e— D C. W. Kirby County Attorney .'en.L .,1 1.: 4‘11. (Aye) Leonard L. Roe ��%/� ?net t ' ` " Aye) J(/ K. Steinmark (((/// 791007 DATE PRESENTED: OCTOBER 1 , 1979 DEPARTMENT OF PLANNING SERVICES PHONE 13031 3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 WI C. COLORADO September 26, 1979 Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, CO 80631 RE: Correction to the Amended Vacation and Rededication of a Part of Highland Hills Subdivision Dear Commissioners : The attached letter and related materials are in reference to a re- quest to correct an error in an approved plat known as "Amended Vacation and Rededication of a Part of Highland Hills. " This property is described as Pt . Ni Section 15, T5N, R66W of the 6th P.M. , Weld County, Colorado. This request would delete from the approved "vacation plat" Lot 3 , Block 12, Highland Hills Subdivision and re-establish the lot as shown on the plat of Highland Hills Subdivision recorded under Reception No. 1346042 on January 13, 1961 . The Department of Planning Services Staff recommends this request be approved because it will correct a technical error in an approved plat . This correction plat is consistent with the approved prelimi- nary plan for Highland Hills Subdivision. Respectfully, petf 14920Callasa" Chuck Cunliffe Assistant Zoning Administrator csd FINAL PLAT - BDIVISION APPLICATION Department of Planning Services, 915 - 10th Street , Greeley, Colorado PHONE: 356-4000 Ext . 404 FOR PLANNING DEPARTMENT USE ONLY: }� CASE NO. APPL. FEE K 1OO,O0 ZONING DISTRICT ReS�at'f1''\a\" VyO-CN RECORDING FEE dttO . o DATE AUG 24 1979 RECEIPT NO. ,o S(p IX 't APPL. CHECKED BY CpJ0-.0 TO BE COMPLETED BY APPLICANT: _ (Print or type only except for required signatures) : I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning proposed subdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION' c,h1R9 J See Attached. n A RE �G 19"9 rC t31 FA A IrCtO Fn. - 19 (If additional space is required, attach an additional sheet of £ size. ) NAME OF PROPOSED SUBDIVISION Highland Hills EXISTING ZONING PROPOSED ZONING TOTAL AREA (ACRES) NO. OF PROPOSED LOTS LOT SIZE: AVERAGE MINIMUM UTILITIES: WATER: NAME City of Greeley SEWER: NAME C i ty of Greeley GAS: NAME Greeley Gas PHONE: NAME Mountain Bell DISTRICTS: SCHOOL: NAME FIRE: NAME Western Hills DESIGNERS' NAME ADDRESS PHONE ENGINEERS' NAME ARIX, A Professional Corporation ADDRESS 2021 Clubhouse Drive, Greeley, Colorado 80631 PHONE 356-4444 FEE OWNER OF AREA PROPOSED FOR SUBDIVISION NAME Elmer Lundvall ADDRESS 22451 cr(ccA..e Qdcvrx(o 1 tw PHONE NAME Glen & Betty Jan ec tholdt ✓ ADDRESS g$C)110 W m4s ureter Grrtee.. ,CAD 1ao1e31 PHONE 353-4445 NAME Jan Johnson ADDRESS PHONE I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this annlication are true and correct to the best of my know edge. COUNTY OF WELD ) — • STATE OF COLORADO) - mot'—c 02-2` c ignature: Owne or!Authorized Agent Subscribed and sworn to before me this /c //day of //._„_ „ _,_y 19 /7 . SEAL Xcy My Commis ^� >-.NO TARY PUBLIC My commission expires: Apr fl 1 , 1931 WCDPS-78-1 * KNOW ALL MEN BY THESE PRESENTS: THAT THE UNDERSIGNED, BEING SOLE OWNERS IN FEE OF THAT PART OF THE NORTH HALF (N 1/2) OF SECTION 15, TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING - MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER (NW COR) OF SAID SECTION 15, AND CONSIDER- ING THE NORTH LINE'OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER (NW 1/4 NW 1/4) OF SAID SECTION 15 TO BEAR NORTH 88°08'30" EAST, WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO: THENCE ALONG THE NORTH LINE OF SAID SECTION 15 BY THE FOLLOWING THREE BEARINGS AND DISTANCES: NORTH 88°08'30" EAST, 1823.12 FEET; SOUTH 89°57'30" EAST, 1322.95 FEET; SOUTH 89°25'30" EAST, 84,47 FEET, TO THE TRUE POINT OF BEGINNING FOR TRACT "B"; THENCE CONTINUING ALONG THE NORTH LINE OF SAID SECTION 15, SOUTH 89°25'30" EAST, 471 .07 FEET; THENCE SOUTH 00°34'30" WEST, 197.36 FEET; THENCE NORTH 89°25'30" WEST, 13.71 FEET; THENCE SOUTH 01°59'30" WEST, 113.82 FEET; THENCE SOUTH 88°00'30" EAST, 290.00 FEET; THENCE SOUTH 01°59'30" WEST, 220.00 FEET; THENCE NORTH 88°00'30" WEST, 160.00 FEET; THENCE SOUTH 01°59'30" WEST, 80.00 FEET; THENCE NORTH 88°00'30" WEST, 300.00 FEET; THENCE NORTH O1°59'30" EAST, 80,00 FEET; THENCE NORTH 62°11 '20" WEST, 91 .86 FEET; " THENCE NORTH 88°00'30" WEST, 85.21 FEET; THENCE NORTH 00°53'40" EAST, 120.00 FEET; THENCE NORTH 88°00'30" WEST, 115.01 FEET; THENCE NORTH 00°53'40" EAST, 359.72 FEET;TO THE TRUE POINT OF BEGINNING. SAID TRACT "B" CONTAINS 7.04 ACRES MORE OR LESS, 4' July 26, 1979 Mr. Tom Honn Weld County Planning Commission Post Office Box 758 Greeley, Colorado 80631 Dear Mr. Honn: We have found that there is an error in the vacation and rededication of Highland Hills as filed in the Weld County Records in Book 14, Page 53, File 1350, and amended in 1974 as filed in Book 16, Page 31 , File 1528. The error being that Lot 3, Block 12, Highland Hills - as filed January 13, 1961 , under Reception Number 1346042 - was inadvertently included in the vacation and rededication as filed in 1972, However, said Lot 3, Block 12, was sold and title transferred to Bestway Paving, March 13, 1969, Reception No. 1528717. As Bestway Paving was not a party to the vacation and rededi- cation, said Lot 3, Block 12 of Highland Hills should not have been included, Therefore, we have prepared a correction plat and request that Lot 3, Block 12, be returned to its proper designation, as platted in Highland Hills. Resp -tfully, j�� y ' timer E, Lundvall MT/pw 4' UTILITY SERVICE STATEME}cT FOR SUBDIVISIONS , FINAL P T The following record of utilities shall be processed by the subdivider or his representative as required in Section 6-2 H. of the Weld County Subdivision Regulations. NAME OF SUBDIVIDER OR DEVELOPER Elmer Lundvall Name of Subdivision Highland Hills Agent/Owner Lundvall Realty Name & Address 1008 9th Street. Greeley. Colorado 80631 ELECTRIC UTILITY COMPANY // Approved by _z_i_ • /7 ( ;rz L )179-Y G/// (Name) (Title) c -' Date ! Subject to /1 ( l( Disapproved by (Name) (Title) (Date) WATER Approved by Aj( n ame itle) (Dat 7. zr� �1 Subject to Disapproved by (Name) (Title) (Date) SEWER 1 -1264e4)4246411Approved by ame itle Date 7o?fr97 Subject to 1 Disapproved by (Name) (Title) (Date) TELEPHONE COMPANY APProved by Zdh n og. CLe - C-77-;? Gt2Att (Name) (Titl / (Date) Subject to Disapproved by (Name) (Title) (Date) GAS COMPANY Approved by / 1 7 (N ) (Title) (Date) Subject to Disapproved by (Name) (Title) (Date) FIRE DISTRICT Approved by Caa t,ed fk-c.tq,na,.1 7- 2.5-L- 7)7 (Name ) (Title) (Date) Subject Disapproved by !, Rn4_'7q_n9c (Name) (Title ) (Date) 'mod x '" County Planni. AnBuilding Codes 30-28-136 „ r7 . 47 :rr c to other remedies provided by law, may institute an injunction, mandamus, • abatement, or other appropriate action or proceeding to prevent, enjoin. abate, or remove such unlawful erection. construction Icconstruction, altera- • Lion, or use. In the event that there is no county dn:,rney or in the event that the board of county commissioners deems it +tnptopriate. the board of county commissioners may appoint the district attornes of the judicial district to perform such enforcement duties in lieu of the county attorney. . Source: R & RE, L. 77. p. 1459, § 3. Statute as basis for jurisdiction. See Board District Court, of County Comm'rs v. Echternacht. Colo. . 576 P.2d 167 1197N1. Colo. 572 P.2d 143 (1977): Johnson v. e. lit 30-28-133. Subdivision regulations. (9) The subdivision regulations adopted under this section may provide that_ without a hearing or compliance with t any of the submission, referral, or review requirements in this section and section 30-28-136. the board of county commissioners may approve a correc- tion plat if the sole purpose of such correction plat is to correct one or more e technical errors in an approved plat and where such correction plat is consis- • tent with an approved preliminary plan. - ,• • • t. Source: Added. L. 77, p. 1453 § 2. The standard in subsection (opal of this section "when such are reawnaht) necessary", Subsection (4I(a 11111 does not permit counties to require a Combination subdivision of land and money for satisfies constitutional requirements in regard to delegation of legislative g Corp.approval. Boardo a o nyom. Cimarron Corp. v. Board of County Comm Cimarron Corp. v. . of County Commis, Colo. .563 P.2d 946 119771. Colo. 5fi3 P.2d 946 119771. i. 30-28-136- Referral and review requirements. (2) The agencies named in i. this section shall make recommendations within thirty-five days after the mailing by the county or its authorized representative of such plans unless a necessary extension of not more than thirty days has been consented to by the subdivider and the board of county commissioners of the county in which the subdivision area is located. The failure of any agency to respond J within thirty-five days or within the period of an extension shall, for the purpose of the hearing on the plan, be deemed an approval of such plan; except that. where such plan involves twenty or more dwelling units, a school district shall be required to submit within said time limit specific recom- mendations with respect to the adequacy of school sites and the adequacy of school structures. Source: Amended, L. 77, p. 1453. § 3. Cross reference: For duties of the stale geologist upon receipt of copies of prints of the plans.see § 34-1-103(4) • • tee . File contains oversized map Please see original file Hello