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HomeMy WebLinkAbout770729.tiff RESOLUTION RE: SUBDIVISION EXEMPTION NO. 37 -- EXEMPTION OF LAND TRANSFERRED TO REGNIER FARMS, INC. BY JAMES L. HENRY, AS SELLER, FROM THE DEFINITION OF "SUBDIVISION" AND "SUBDIVIDED LAND" . WHEREAS, the Board of County Commissioners of Weld County, Colorado, has reviewed the request of James L. Henry and Nadine H. Henry, husband and wife, for an exemption of land transferred by it to Regnier Farms , Inc. , from the definition of "subdivision" and "subdivided land" in Section 30-28-101 (10) , CRS 1973, as amended, and in Section 2-1 of the Weld County Subdivision Regulations, and WHEREAS, the Board finds that the contemplated transfer does not conflict with the intent of the Weld County Comprehensive Plan and will not have an adverse impact on the existing use of the land, and WHEREAS, the Board has considered the recommendation of the Department of Planning Services on this matter and has reviewed information submitted by the applicant, and WHEREAS, the Board of County Commissioners has the power pursuant to Section 30-28-101 (10) (d) to exempt from the definition of the terms "subdivision" and "subdivided land" , and division of land, if the Board of County Commissioners determines that such division is not within the purposes of Part I of Title 30 , Article 28, CRS 1973, and the Board has so found; NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the transfer of certain lands located in the NE4 of the NW4 of Section 19 , Township 2 North, Range 68 West of the 6th P.M. , described as follows : Beginning at a point on the East line of the NW4 of said Section 19, from whence the North a corner of said Section 19 bears North 00°42'50" Fact, 38.57 feet; thence South 00°42'50" West, 256.17 feet along the East line of the NW4 of said Section 19; thence North 59°41'01" West, 469.84 feet; thence North 87°20'26° East, 409.22 feet to the Point of Beginning; which tract contains 1.201 acres, nore or less, Be, and hereby is exempt from the definition of "subdivision" and "subdivided land" found in Section 30-28-101 (10) , CRS 1973, as amended, and Section 2-1 of the Weld County Subdivision Regulations. �` ft FY C u 770729 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of February, A.D. , 1977. The above and foregoing Resolution was read into the record and signed on the 16th day of February, A.D. , 1977. BOARD OF COUNTY COMMISSIONERS W COUNTY, COLORADO EO it 4- G L, 4 i `� €442-P // 721) 7t-,-, 6Z-,, `-i-f4LP ,- ATTEST: k IL+ 0 .'1:,.*r. I c.,; Weld County Clerk and Recorder and Clerk to the B d eputy Cou C erk A 216 AS TO FORM County Attorney -2- r . .r _ RECEIPT FOR CERTIFIED MAIL-30¢ (plus postage) POSTMARK SENT TO OR DATE STREET AND NO. ei 8424 N. 119th Street P.O., STATE AND ZIP CODE Rt. 2 -,..1 Lon m 2/17/77 Z'`) 0 T10NAL SE VICES FOR ADDITIONAL FEES ___ '0 RETURN I. Shows to whom and date delivered 154 With delivery to addressee only.. 65d RECEIPT 2. Shows to whom,date and where delivered 354 54 o SERVICES With delivery t to ad dresse 50 DELIVER TO ADDRESSEE ONLY _ --504 0 SPECIAL DELIVERY-(exuo fee required) Z PS Form NO INSURANCE COVERAGE PROVIDED— (50o ether side) Apr. 1971 3800 NOT FOR INTERNATIONAL MAIL c GPO.1912 0-480-743 . 6 L -#-- 3 7 IIYFE of am OW 0311112111 'O3t3314IO311 'LI1303Y lama nit 'In'ttn stay H A i %IC "li . til }� III- 0 t7 ,a �y o, �d tg�, y Mk m 000rn, g I rnico - iii--r K • * Lr grill t, I. Pi IlP v tr8 103 NC gelda � eaS �� De o art g, a e z 11 CD . , 1 I ja t co r R ` g 3r • 8 or+ 4 i 20 H . ce a N ta Ou j r 1 __ For Action To Coun `t_}/ _Commissioners Doh: Februa�;]�_7 1977__..__._. . Far InFo Ti __. ___—_____.—__ L Your Action Or Reply I; &_quired i ._ v s�:',i'<>: $u_b o.Cl__EYemp_t_l_olls_$7 on Or Before • James L. Henry (Sellerl_ Ft Regnier Farms, Inc. (purchaser) Applicant The owners of the folloUing described property have requested an exemption from Section 2-1 of the Weld County Subdivision regulations adopted September 1972 which defines the term subdivision : See Attached • • The Planning Department has reviewed this request and recom- mends that the request be Approved for the following reasons : DOES DOES NOT X Require water X Require sewer Create traffic problems X X Fall in flood plain Agree with Planning Commission Policy X Create housing X X Agree with surrounding land use X Meet all known requirements Comments : The 1.201 acre parcel is severed from the remainder of the Henry property by an irrigation ditch. Regnier Farms, Inc. desires to acquire and utilize the parcel for parking machinery, pens, corrals, or pasture. The 1.201 acres will be combined with the contiguous 370 acre parcel owned by Regnier Farms, Inc. FLANDERS, MCCARTY, WOOD & SONNESYN ATTORNEYS AT LAW L.B.FLANDERS FIRST NATIONAL BANK BUILDING TELEPHONES H.G.McCARTY P. 0.BOX 658 LONGMONT 776-5360 THOMAS H.WOOD DENVER-METRO 629-0530 DAVID N.SONNESYN LONGMONT.COLORADO 80501 AREA CODE 303 JOHN C.FLANDERS November 15th, 1976 . RECEIVED We!AC�arty { 971AISSI0fl The Weld County Planning Commission, County Services Building, Greeley, Colorado 80631. Re: Regnier Farms , Inc. Acquisition of land from James L. and Nadine H. Henry in the NEQ of the NW4 of Section 19 , Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado. Gentlemen: Regnier Farms , Inc. presently owns , along with other adjoining land, the NW4 of the NE4 of Section 19 , Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado, and James L. and Nadine H. Henry own the NEa of the NW4 of Section 19 , Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado. Approximately 1.201 acres in the NE corner of the Henry property is separated from the balance of the Henry property by an irrigation ditch and is therefore not accessible or useable by the Henrys. We enclose a copy of survey for your reference. It is the desire of Mr. and Mrs . Henry and of Regnier Farms , Inc. that this tract of land be sold and conveyed by Mr. and Mrs . Henry to Regnier Farms. The principal stockholders of Regnier Farms, Inc. are familiar with the prohibition contained in the Weld County Subdivision Regulations as modified to comply with the law commonly known as Senate Bill 35. They understand the implications of those regulations and hereby agree that the parcel now being acquired shall be merged with and become a part of the parcel previously owned by them. It is not the intention of Regnier Farms , Inc. to resell the small parcel being acquired, but merely to merge it with the remainder of their property. The Weld Count_ ?lanning Commission, November 15th, 1976 , Page 2 . We also enclose a copy of the proposed Warranty Deed from Mr. and Mrs . Henry to Regnier Farms , Inc. , but will not have it signed and recorded until we receive approval from your office. Yours very truly, T. H. Wood. THW:bf Encs. The undersigned have read the foregoing letter and agree to the terms and conditions set forth therein. REGNIER ARMS, INC. , �/ James L. Henry Subdivision Exemption #37 Janaury 19, 1977 Regnier Farms, Inc. desires to obtain a contiguous 1 . 201 acre parcel from James L. and Nadine Henry and combine the 1 . 201 acre parcel with their contiguous 370 acres (described as : NE4 of Section 19, T2N, R68W (160 Acres) Pt . Ni SE* of Section 19, T2N, R68W (60 acres) , Pt . SE/-, of Section 18, T2N, R68W (70 acres ) , SW*NW4 Section 20, T2N, R68W (40 acres) , and NW*SW± of Section 20, T2N, R68W (40 acres) for a total of 370 acres. ) Regnier Farms, Inc. desires to utilize the 1. 201 acre parcel for parking machinery, stock pens, or corrals, or pasture. No water or sewer service is anticipated to be needed. ° i "447r ty}� y . till yyy q M4 MI 8 PT i y I ' - .,1' ✓ i n d : y� .rkY r wre w �`R C .b6 • I 4ir 6' 4 F 4.;"- W y, :. e.am r ' �Y 'k'It x'R'4 a 'to r W.�'d v in. t, .�a� '' JI Imo'a.y,. µyp I t ; . .. rry' ' ` q' ,q .-� I 8 q Viµ. 'r.' w��.- i1 ' i t -; . _....„, F,.,,; ,,,,, 4 r �` a'� -� -' �„ � p. � - . i t..,,.....‘it,? ,r.,,,A . , ., . .4t„‘,,.*:„....: ::„ ....,,..... .RRr�" v +�ltr a, h z art • t 4 P . t� ;f- %,,,,, 1 I S'f"i '.:,.dr" 14;1 1 . _ u..b . ! -' ..a It, : '7 R`51 0) .' 11Y ii �B"r ..P' I t o¢ Y lir r _ o /ill v 1111.°111 ' .1. 111 i { � ill ' a bF' tY�NI '16. \� � 1:r + w Via; /t n N a%' .a 6. f1Y e M :.,--V,,,;,_ +aq 4; 7,:e4M-w , Id.e . . I y� s�{v , i SOILS CAPABILITY CLASSIFICATION OF PART NW* SECTION 19 T2N R68W The soils on the Subdivision Exemption #36 parcel are 40-B.1 They have a capability classification of IIe irrigated and IVe dryland. FIELD CHECK FILING NUMBER ,�'J 1/ 7/77 NAME !`tr-'c-v�? i ,� ` - _ REQUEST LEGAL DISCRIPTION ,f � 'G: � � . .1C2 LAND USE N S W ZONING N ' LOCATION r'Y( , rr i �' S COMMENTS : i/ / 1 o '� L^.%� 'L%- -'t�..�i '.et-e— C 7 . Ct-yr_1 Gi'/L�--0 UZ Z Lei ,j B �L !/� �d Recorded at ... o'clock Reception No. Recorder. JAMES L. HENRY and NADINE H. HENRY, husband and wife, . g whose address is 8424 N. 119th Street, Route 2 , Longmont, County of Boulder , State of Colorado , for the consideration of one hundred dollars and other valuable considera— , in hand paid, hereby sell(s) and convey(s) to REGNIER FARMS , INC. , a Colorado corporation, whose address is Route 2, Box 334 , Longmont , County of Weld , and State of Colorado, the following real property in the County of Weld , and State of Colorado, to wit: A tract of land in the NE 1/4 of the NW 1/4 of Section 19 , Township 2 North, Range 68 West of the 6th P.M. described as follows : t^`'' Beginning at a point on the East line of the NW 1/4 of said Section 19, from whence the North 1/4 corner of said Section 19 bears North 00° 42 ' 50" East, 38 . 57 feet; thence South 00° 42 ' 50" West, 256 . 17 feet along the East line of the NW 1/4 of said Section 19; thence North 59° 41 ' 01" West, 469 . 84 feet; thence North 87° 20 ' 26" East, 409 .22 feet to the Point of Beginning; which tract contains 1. 201 acres, more or less, RESERVING, HOWEVER, to the grantors a right of way and easement for ingress and egress over and across that portion of southeast corner thereof lying South of a line parallel to and 240 feet South of the North line of said described tract; with all its appurtenances, and warrant(s) the title to the same, subject to Signed this day of , 19 76 . • James L. Henry and Nadine H. Henry, husband and wife. STATE OF COLORADO, Iss. County of Boulder, The foregoing instrument was acknowledged before me this day of , 19 76, by James L. Henry and Nadine H. Henry, husband and wife. My commission expires Witness my hand and official seal. Notary Publir li !I --- c .,o.n57. warranty heed—Shurt Form—Bradford Publishing Co., Id?bbi Stout Street,Denver,Colorado- 6-76 s , DEPARTMENT OF PLANNING SERVICES rPSN Ir PHONE 1303) 356-4000 EXT,400 C. 915 RA STREET GREELEY,LE V, COLORADO 80631 COLORADO January 19, 1977 Jules Regnier 0500 Weld County Road 20 Longmont, Colorado 80501 Re: Request for a Subdivision Exemption on a parcel of land described as part of the NE* of the NW} of Sec. 19, T2N, R68W of the 6th P.M. , Weld County, Colorado Dear Mr. Regnier: The materials necessary for the above described request are complete and in order with the following exception: 1. Submission of copy of the deed or deeds to the contiguous 370 acres owned by Regnier Farms, Inc. I have tentatively scheduled the hearing by the Board of County Ccmnissioners for February 7, 1977, at 9:30 A.M. Said hearing will take place in the County Calmissioners Hearing Roan, First Floor, Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a represent- ative be present to answer any questions the Board might have with respect to your request. If you have any questions with regard to this matter, please do not hesitate to contact our office. Respectfully, Ken McWilliams Assistant Zoning Administrator KM/bg copies: T. H. Wood Flanders, McCarty, Wood and Sonnesyn 1st National Bank Building P.O. 658 Longmont, Colorado 80501 q ; FLANDERS, McCARTY, WOOD & SONNESYN ATTORNEYS AT LAW L .FLANDERS FIRST NATIONAL BANK BUILDING TELEPHONES H.G.MCCARTY P.O.BOX 658 LONGMONT 175-5380 THOMAS H.WOOD DENVER-METRO 629-0530 DAVID N.SONNESYN LONGMONT,COLORADO 80501 AREA CODE 303 JOHN C.FLANDERS January 10th, 1977 . . ,� L+� T;s�ea The Weld County Planning Commission, County Services Building, Greeley, Colorado 80631. Re: Regnier Farms, Inc. Acquisition of land from James L. and Nadine H. Henry in the NE4 of the NW4 of Section 19 , Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado. Gentlemen: This is a followup to our letter of November 15th, 1976, regarding the conveyance of real estate from Mr. and Mrs. James L. Henry to Regnier Farms, Inc. We enclose a copy of the letter for your convenience. Would you please let us know when we might expect a letter from you authorizing the conveyance. Thank you. Yours very truly, tMcks Thomas H. Wood. THW:mc Enc. cc : Mr. and Mrs. James L. Henry. File contains oversized map Please see original file Hello