HomeMy WebLinkAbout790857.tiff T 1 1979
1)1/41— Q OQnOa� Recorded at o'clock ��._M
1804k0 `!11271Lc ,ri(.Zsa -,,,.
RESOLUTION a —/
State of Colorado, Weld County Clerk Cr Recorder
RE: APPROVAL OF SUBDIVISION EXEMPTION NO. 106 - ROBERT CAMENISCH
AND FRED AVERY.
C.
WHEREAS, the Board of County Commissioners of Weld County,
a
Colorado, pursuant to Colorado statute and the Weld County Home
o Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
e
WHEREAS, the Board of County Commissioners of Weld County,
cv Colorado has reviewed the request of Robert Camenisch and Fred
o /
O f Avery for an exemption from the definitions of "subdivision" and
c>`. R "subdivided land" in Section 30-28-101 (10) , CRS 1973 , as amended,
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and Section 2-1 of the Weld County Subdivision Regulations, and
WHEREAS, the Board of County Commissioners finds that Robert
Camenisch and Fred Avery are the owners of certain parcels of
land located in the East Half of the Southwest Quarter and Part
of the East Half of the Northwest Quarter of Section 14 , Town-
ship 3 North, Range 68 West of the 6th P.M. , Weld County, Colorado.
Mr. Camenisch wishes to purchase approximately 41 acres from
Mr. Avery. The resultant tracts of land are described as follows :
PARCEL A (MR. AVERY)
A tract of land located in the Southwest
Quarter, Section 14 , Township 3 North,
Range 68 West of the 6th P.M. , Weld County,
Colorado, and more particularly described
as follows :
Beginning at a point on the East line of
said Southwest Quarter from whence the
South Quarter Corner of Section 14 bears
South 00°15 ' 20" West, 1169 . 79 feet; thence
South 65°18 ' 23" West, 54 . 24 feet; thence
South 57°31 ' 24" West, 44 . 60 feet- thence
South 48°28 '03" West, 57. 86 feet; thence
South 33°07 ' 50" West, 15 . 65 feet; thence
South 84°27 ' 21" West, 84 .78 feet; thence
North 82°54 ' 46" West, 197 . 81 feet; thence
North 79°23 '16" West, 66 . 00 feet; thence
North 00°15 ' 20" East, 443 . 33 feet: thence
South 89°44 '40" East, 484 .00 feet; thence
South 00°15 ' 20" West, 371. 47 feet to the
Point of Beginning: thus described tract
containing 5 . 000 acres.
PARCEL B (MR. CAMENISCH)
Eighty acres, more or less , described as :
the East Half of Southwest Quarter of
790857
- , 'm '1 1804910
oo* 883 2 -2
.
Section 14 , Township 3 North, Range 68
West, together with a tract of land in
the Southeast corner of the Northwest
Quarter of said Section 14 , described
as follows:
Beginning at a point on the South line
of the Northwest Quarter, Section 14 , from
whence the West Quarter corner of said
Section 14 bears South 89°53 ' 51" West,
2250 . 5 feet, thence North 60°40 ' 51" East,
430 .04 feet' to a point on the East line
of said Northwest Quarter, thence South
00°15 ' 20" West, 209 .91 feet to the center
corner of said Section 14 , thence South
89°53' 51" West, 374 .02 feet to the Point
of Beginning; thus described tract con-
taining 0 .901 acres, except Parcel A as
described above.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the abovedescribed
parcels be, and hereby are, declared to be exempt from the
definitions of "subdivision" and "subdivided land" as set forth
in Section 30-28-101 (10) , CRS 1973 , as amended, and Section 2-1
of the Weld County Subdivision Regulations, and
BE IT FURTHER RESOLVED by the Board that the resulting
parcels of land as described above be, and hereby are, considered
to be single lots.
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 .
n BOARD OF COUNTY COMMISSIONERS
ATTEST: " ' itiv ;,:2A, , .-4-42),A,. 1 1,[y✓ ELD COUNTY, COLORADO
Weld County. Clerk and Recorder - -r-ra�,,,� (= _(Aye)
And Clerk tp the Board Norman Carlson, Chairman
, ;(,-,(K.; / 7�.cl, i (Aye)
Deputy' Cou y Clerl L'y Dunbar
APPR D AS TO FORM: 7, 11 IA-" Y (Aye)
_1 /J C. W. Kirby
County Attorney _Coti-ro-c11/4 4 . I`), (Aye)
and L... Roe (d
J K. Steinmark
DATE PRESENTED: OCTOBER 1 , 1979
( SUBDIVISION EXEMPTION
FLOW SHEET r
County Commissioners Meeting Date: 1 S,, J� �!p' q1� ,,
Applicant: pOb C vP-AWLh )r G1 Case #: c EEtO/K/
g P et sw4i, i'L�r) 1 .7� ,t(DVw
Legal Description: \ y��
Location: IM\\�@s Cao \f\ LT \V V4N\�eS eaS, o� 1�\�ee&
D ate•
Pay
SEP 5 1979
Application Received0.0
--
Application Complete SEP 6 1979
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Letter to Applicant Drafted ` sEp 6 1979 . Q`e�
SE# Assigned SEP.6 1979
Air Photo Map Prepared 9— O— g
Chaindexed • ` / • ���
Applicant Notified
Legal Approved by County Attorney
Field Check by D..P.S. Staff SEP 24 1979
SEP 24 1979 •
.D:P.S. Recommendation Drafted
D.P.S. Recommendation Typed `�+� ► �
Packets Xeroxed
History Card - Completed
9 c mss'
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TO: Board of County Commissioners Date September 26, 1979
Subdivision Exemption # 106
Applicant: Robert Camenisch and Fred Avery
The owners of the following described property have requested an
exemption from Section 2-1 of the Weld County Subdivision Regu-
lations adopted August 30, 1972, which defines the term subdivi-
sion:
EzSW* and Pt . EINW* Section 14, T3N, R68W of the 6th P.M. , Weld
County, Colorado
The Planning Department has reviewed this request and recommends
that the request be approved for the following reasons:
DOES DOES NOT
X Require water
X Require sewer
X Create traffic problems
X Fall in flood plain
X Agree with Planning Commission policy
X Create housing
X Agree with surrounding land use
X Meet all known requirements
COMMENTS:
The applicants are adjacent property owners. Mr. Camenisch wishes to
purchase approximately 41 acres from Mr. Avery and combine it with the
35 acres he owns. This request will reduce Mr. Avery' s property from
46 acres to 5 acres and increase Mr. Camenisch' s property from 35 acres
to 76 acres. No additional lots are being created by this request .
The request will simply change the property lines of the property under
consideration.
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6,A,(92. C.AA•st
Zoning Administrator
APPLICATION FOR SUBDIVISION EXEMPTION
PHONE: 356-4000 Ext. 404
Department of Planning Services„ 915 1Oth Street , Greeley, Colorado
FOR PLANNING DEPARTMENT USE ONLY:
CASE NO. APPL. FEE ZS.OO
ZONING DISTRICT RECEIPT NO. O1
DATE APPL. CHECKED BY
TO BE COMPLETED BY APPLICANT: (Print or type only. except for required
signatures) :
I (we) , the undersigned hereby request that the following described pro-
perty be exempted from the definition of the terms "subdivision" or
"subdivided land" in accordance with Section 2-1 A. (3) of the Weld County
Subdivision Regulations.by the Weld County Board of County Commissioners.
LEGAL DESCRIPTION: e W°S 7` , Section /y T 3 N, R ‘R W
ft ?-ye e4 s D 2. 6,7
Has this property been divided from or had divided from it any other
property since August 30, 1972? Yes No X
FEE OWNERS OF PROPERTY:
Name: 'a6 e.- c i etiwgivisc//
Address: 9.x/3 pie /d co, ITS. R.2 4,,,,rvflad#A,/a• won S
e '772 •- i2S
Name: ns22 k e4ve a/
Address: US ' 3wpb/ ('o. lei a2laeprna,lt p,4hone Cg,3- 2/333
Name:
Address: Phone
I hereby depose and state under the penalties of perjury that all state-
ments, proposals, and/or plans submitted with or contained within this
application are true and correct to the best of my knowledge.
COUNTY OF WELD ) 'Z
STATE OF COLORADO)
Signature: Owner or A thorized Agent
Subscribed and sworn to before me this 7 day of 4 u. 197.
SEAL
Notar Pu lic
'rawtoL /2/, J /
My Commission expires :
4
It
August 29, 1979
Chuck Cunliffe
Weld County Government
PO 758
Greeley, CO 80632
1
Dear Mr. Cunliffe
I am in the process of trying to purchase the adjoining property to
my place which now belongs to Fred Avery, which consists of approximately
41 irrigated acres. I am purchasing this property for agriculture use
only. I have a dairy farm bordering Mr. Avery on the South, which
consists of approximately 36 irrigated acres. Due to the increase of
the size of my dairy herd, this would work well for land to provide
additional feed for my cows.
I am not requesting to receive a building permit at this time. In
the future as my dairy herd grows there could be a possibility I would
request a building permit for a home for dairy help which would be for
hired help for agriculture purposes.
If you have any questions, please call me at 772-1525 or my mailing
address is 4513 Weld County Road 32, Longmont, Colorado 80501.
Sincerely yours
CaYli'LP�r�ott�'�
Robert J. amenisch
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• ryLp Hrc {ed at rM o'clock .'-_ JUN._._.4.�6
S •l70 —� •
Reception No. 19( 6`8 .,J
S.IEE SMEEIf,E...JIi..._. Recorder. '1-- r>: 't.•
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r ! 1 THE RUSSELL TRACT, a Partnership
•
'I wt.ose address is 277 South Dexter Street,
r, I Stow Documentary Fee I, (
City and County of Denver ,State of + }
Do,a._allJ�l_ 419Z�_..� Colorado ,for the consideration of S.._ C__�_,�___ ','��
LO T) NINE THOUSAND AND Nn/100
`' ,I dollars, in hand paid, hereby sell(s) and convey(s) to I!
.-- FRED K. AVERY and KAREN S. AVERY as Joint Tenants 6
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iI with Right of Survivorship and not as Tenants in Common, •
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whose address is 12606 West 82nd Avenue, Arvada
• County of •
o I laff?r50❑
and State of Colorado °'
the following real property in the O !:I:.'
County of Weldo
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and State of Colorado, to wit: o ,,y4,
atai
The property described on EXHIBIT A attach, ' hereto and by reference •d.ae�
incorporated herein for all purposes.
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with Iii its appurtenances. and warrant(s) the title to the same, subject to existing rights-of-
way anc easements for road, ditches and utilities; reservations of record; any11
, . .
lien by reason of the inclusion of the premises in the Northern Colorado Water f Conservancy District, the Longmont Fire Protection District and the Little Thorp- o r f
son Valley Water District; oil and gas lease recorded July 17, 1970 in Book 627,
Reception No. 1549371 Weld County records.l
4 JP
Sig,ted this f
day of n;_a✓ , 1976 .
"� THE RU LL TRACT, Part nips
Y•
General Partner [ ,. .
STATE (IF ;'OI.ORA OCR. _. y;�
('u,mty of o, cM, -
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. ;nrci(Wig In,<in"neat v.-as :With 'witner'd before me this ^` °�"I l9 - by Jr-.FT. Cavey, p iA.
,r . . i,sr ' ;r is I Ir. , a ''rtleral "at rner
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CXHIBIT A
Tr:L `o11ow'ng described parcel of land, situate, lying and being in the
County of Weld and State of Colorado, to-wit: �, .
That portion of the East Half Southwest Quarter of Section 14, Township
3 North. Range 68 West of the 6th R.M. , as lays North of a cement irriga- i• •,_
tion ditch; a^
AND a tract of land in the Southeast corner of the Northwest Quarter of i "2-
said S ctinn 14 containing 0.953 acres more or lesb, and bounded by the
following lives: Beginning at the West Quarter corner of said Section
14; thence East along the South line of the Northwest Quarter of said Section
• 14, a distance of 2,250.5 feet to the true point of beginning; thence
North 60047' East 442.8 feet more or less to the East line of said North-
west Quarter; thence South n°31' West along said East line 216.2 feet
more or le:�, to the center of said Section 14; thence West along the South `"
line o.- said Northwest Quarter, 384.5 feet more or less to the true point
of bec,onii 3;
TOGETHER WITH a nonexclusive easement 30 feet in width for ingress and
egre .s over and acrose that part of the East Half Southwest Quarter of
said Section 14 lying South of the above-described premises, said ease-
ment
ic ollow an existing lane along the East tide of the said East Half
Southwest Quarter and run from the County Road on the South side of the
said E2rt Half Southwest Quarter to the above-described premises;
TOGETHER WITH an undiv"ed and nonexclusive right to use that certain right
of way granted for road purposes by instrument recorded under Reception No. ,
1486776, Weld County records;
• t ,
TOGETHER WITH 1'z shares of the capital stock of the Highland Ditch Company,
1 share of the stock of the Baugh Lateral Ditch and Reservoir Company,
existing , eereation rights in the Holt Reservoir and together with al'. oil , / /
gas and mineral rights in and to the above-descrited premises owned by cri
Grantor.
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o\ °ASS asawds,_..,Fit- ._ at.... o�•..Y., AB Ln.191.. 1/ ..4(,'
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672 as.'gtle• He-.-...+ rii-. ._.. ._ _ . u.... assr.
J. P. CAMENI3CH and MARY !f. ISCH, '
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whose address is Route 4, Lon Sta., juL.antory Fee
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o, gmont, tp�1
Date �yj��1.4.�.1.G... I
County of Meld mel ,State of b ....-..Q-a+ .. .....
.o Colorado •
, for the consideration of SIXTY-
t1 FIVE. THOUSAND AND NO 100
•
In dollars, in hand paid,hereby n,q,(e) and conveys) to
.s
.n-. •RObfiRT J. CAMENI SCH,
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I- whose address is Route 1, Box 267, Longmont County of •
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Weld e
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o , and State of Colorado, the following real property in the I
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County of Weld o
,and State of Colorado,to wit: o
.' ..tghty acres, more or less, described as: toe ES of SW} of section 14, II
o. township 3 north, range 68 west, together with 21/4 shares of the capital store I ass
.-1 of The Highland Ditch Corn any and 2 share, of stock of the Baugh Lateral a
Ditch and Reservoir Ccmpo.ty, and all improvements thereon and rights appertain- .ti
ing thereto, including but not limited to plumbing, heating and pipe line d
facilities now in place thereon, the pipe line and motor from lake, as now it e5
in place, and one Rural Domestic Water Tap in the Little Thompson Associa-
tion; also,
A tract of land in the SE corner of the NWl of said section 14 con-
tatning 0.953 acres, more or less, and bounded by the following lines: :1
Beginning at the west quarter cornet of said section 14; thence cast along
the south line of the NHS of said section 14, a distance of 2250.5 feet to
the true point of beginning; thence north 600 47' east 442.8 feet more or
'' less to the east line of said NWk; thence south 0° 31' west along said east
line 216.2 feet more or less to the center of said section 14; thence west I
along the south line of said NW}, 384.S feet .sore or less to the true point I
of beg.:,ning; I
I
I
with all is appurtenances,and warrant(s) the title to the same,subject to existing rights of
way and easements for road• ditches, utility lines and reservations, any lien
by reason of the inclusion of said premises in the Northern Colorado Water Con-
servancy District, The Longmont Fire Protection District and the Little Thompson
Valley Water District, and subject to Agreement for Sale and Purchase of Reel
Estate recorded February 5th, 1969, in Book 605, reception No. 1527128, Weld II
County, Colorado, a ords.
Signed this 14th day of July ,) . , 19 72 -
( i La rhl/n[At,!L
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71/et 7-. /,-4,,,....7.•, o.-4 �I
N ry a -Mp Carmen soh.
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STATE OF COLORADO, 1
County of Boulder, 1}r.
1
The foregoing instrument was acknowledged before me this 14th 'I
M day of
July ,19 72 ,by J. P. CAMENISCH and MARY M. CAMENIt.;HyI
C
44 `i 0...lfi'6Apission expires July 14th, 1975.
'• �� G�rr ,IMoeemv7 hand and official seal. ... i
is I
..c) Notary Pelle
fIlie r.t.aaswM/...M.—.uwaq l:soil an�.11 wearwu miraewlosaen mar ass eara:W li eM4••aname�ra�r swim orr
at
x y aab a mrPamoam{ta.aael�t NaNaar of nth o Wr oi�knw,oY aw pe.la.•~or MIMn ern
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ewas mon It.
No.NM line DeoNta.t Fare—t..115.1-I4 C.Y.INS-Nmdks pssoY.Oa.IMM I algae MSS as.s,Oita_a,
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DESCRIPTION
A tract of land in the East one-half (E3) of the Southwest Quarter
(SW ) of Section 14 , in Township 3 North, Range 68 West of the 6th
Principal Meridian, in Weld County, Colorado; said tract lying North
of a concrete irrigation ditch and said tract being more particularly
described as follows :
Beginning at the Northwest corner of said Eh, SWa, thence N89.53 ' 51"E,
1312 °26 feet to the center of said Section 14, thence S00°15 '23"W,
along the East line of said Eh, SW3 , 1473.03 feet to a point on the
North edge of the aforementioned concrete irrigation ditch; thence
along said North line of said concrete ditch the following courses
and distances:
S65•18'23"W a distance of 54.24 feet
557°31 '24"W " " 44.60 "
548°28'03"W " ". 57.86 "
- 533.07'50"W " '! " 15.65 "
584.27'21"W " " " 84.78 "
N82.54 '46"W '." " " 197.81 "
N79.23 '16"W " ^ " 339.18 "
N75°18' 32"W " " ; 84.98 "
N66°30' 18"W " " " 153.89 "
N52°08' 40"W " " 120.16 "
N72°03 ' 32"W " " " 46,.51 "
N79°08 ' 36"W " " 67.66 "
N86°06 '16"W " - " 57.72 "
N70°46`52"W " " " 32.62 "
N77°00 '50"W " !' " 35.52 " to a point on the West line
of said E3 , 5W;, Section 14, thence N00.02 ' 36"W, 1283. 71 feet to the
Point of Beginning; thus described tract containing 44.162 acres.
TOGETHER r1ITH _a tract of land in the Southeast corner. of the Northwest
Quarter ' (NW1) of said Section 14, described as follows:
Beginning at a point on the South line of the NW;, Section 14, from
whence the West Quarter (650 corner of said Section 14 bears 589°53'51"W,
2250.5 feet, thence N60°40' 51"E, 430.04 feet to a point -on-the East
line of said NW4, thence S00.15 ' 20"W, 209°91 feet to the center corner
of said Section 14, thence 589.53'51"W, 374.02 feet to the Point of
Beginning ; thus described tract containing 0.901 acres.
TOGETHER WITH a nonexclusive easement 30 feet in width for ingress and
egress over and across that part of the East Half Southwest Quarter of
said Section 14 lying South of the above-described premises , said ease-
ment to follow an existing lane along the East side of the said East Half
Southwest Quarter and run from the County Road on the South side of the
said East Half Southwest Quarter to the above-described premises;
TOGETHER WITH an undivided and nonexclusive right to use that certain
right of way granted for road purposes by instrument recorded under
Reception No. 1466776 , Weld County records (a 30 foot strip along the
test side of the SEA, Section 14 ) ;
TOGETHER WITH 11 shares of the capital stock of the Highland Ditch
Company, 1 share of the stock of the Baugh Lateral Ditch and Reservoir
' Company , existing recreation rights in. the Holt Reservoir and together
with all oil, gas, and mineral rights in and to the abcve-described
premises owned by the Grantor°
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DESCRIPTION
5 ACF,E TRACT, JdN. 4, 1977
A tract V- - ,r„ ,nc,,ted in the 3W-';, Section 14 , T3N,the in - e1d County, rt .
• + Colorado , and more particularly
descr:.- - d
c€'c,_nr.ing at a ; Cai:1t on the East line of said SWI' from nee
the S'4 earner cf S .ction 14 bears S00°15 ' 20"W, 1169. 79
iet '
thence 56:e 1E ' 23"W, 54r24 feet; thence S57`31' 24"W, 44 .6U
feet ; thence 54:1 '.7 ' 33"4, 57. 6E fe_.t ; thence 333'07 '50"W
15 .65 feet; thence S64°27' 21"W, 84 , 78 feet; thence N82' 54 ' 46";ti,
197.51 feet; thence N79'23 ' 16"W, 66.00 feet; thence N00.15 ' 20"E ,
443 . 33 feet ; thence Sc9"44 ' 40"E , 464 .00 feet; thence S00"15 ' 20"W,
371 .47 feet to the Point of Beginning; thus described tract
containing 5.000 acres° lO• zeldfaetc-
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FIELD CHECK
FILING NUMBER: SE %Qb DATE OF INSPECTION: SEP 24 1979
NAME: .$ 4,4Pf I C OIVSN'a VW;C.11
REQUEST: .,7\1�tikU%%%4.. . ea^Cd A��
LEGAL DESCRIPTION: Wswat VisLc2 NW4 set..
`orjt3�' 'p Ww
LAND USE: N lie•UAlArekt
�R. ` f.E vA,Au ot1
s r� .dulhkrQ1
19 riw►4u.yA1
ZONING: N }
LOCATION: , W`\t sesll\ E t
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4Ma Wt, u..;\Nc es.S t• i s '
VniersA. IV
COMMENTS :
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setavese � lL ��V Lark. AN
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efr tie &rk l istairMveal Atria I-O At Wbrqt ?P f
ic ova 1 0110 s &mats actvr.a...i -v. 444. eti k- CIA,
C-01`' ... O1S 1)Yirt ti , CO 9.4 3t ks h►ta
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BY:
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DEPARTMENT OF PLANNING SERVICES
PHONE (303)3564000 EXT.404
915 10TH STREET
* GREELEY,COLORADO 80631
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COLORADO
September 10, 1979'
Mr. Fred Avery
4532 Weld County Road 32
Longmont, CO 80501
RE: Request for a subdivision exemption on a parcel of land described as the
EZSWa and Pt. EzNWq Section 14, T3N, R68W of the 6th P.M. , Weld County,
Colorado •
Dear Mr. Avery:
Your application and related materials for the request described above are
complete and in order at the present time. I have scheduled a meeting with
the Board of County Commissioners for Wednesday, September 26, 1979, at ap-
proximately 9:30 a.m. This meeting will take place in the County Commis-
sioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th
Street, Greeley, Colorado. It is recommended that you and/or a representative
'e in attendance to make a presentation regarding the request and to. answer
ny questions the Board might have with respect to your application.
f you have any questions concerning this matter, please feel free to contact
9r office. 4
- uspectfully,
Chuck Cunliffe
Assistant Zoning Administrator
csd
cc: Mr. Robert J. Camenisch
4513 Weld County Road 32
Longmont, CO 80501
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No. 280977
RECEIPT FOR CERTIFIED;MAIL
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TOTAL POSTAGE AND FEES $',�_ L ❑ Show to whom,date,and address of delivery _¢
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