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Home My WebLink About20130489.tiffRESOLUTION RE: ACTION OF BOARD CONCERNING RECORDED EXEMPTION #4546 ELAINE BRASWELL 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, on November 28, 2006, the Department of Planning Services administratively approved the request of Elaine Braswell, P.O. Box 26, Lafayette, Colorado 80026, for Recorded Exemption #4546, to divide the property into parcels estimated to be approximately 25 acres and 6 acres, for property which is located on the following described real estate, to -wit: Lot A of Recorded Exemption #1820; being part of the E1/2 NW1/4 of Section 8, Township 4 North, Range 64 West of the 6th P.M., Weld County, Colorado WHEREAS, the Department of Planning Services staff notified the applicant, by certified letters dated April 1, and April 29, 2011, that certain outstanding Conditions of Approval had not been completed and that the matter would be scheduled for a hearing before the Board of Weld County Commissioners unless written documentation was received requesting a withdrawal of the case, or the outstanding items were completed and the mylar plat recorded, and WHEREAS, on June 13, 2011, the applicant, Elaine Braswell, was present, and WHEREAS, after reviewing Department of Planning Services concerns and hearing the testimony presented, the Board determined that said request shall be continued until January 16, 2012, to allow the applicant additional time to record the mylar plat. WHEREAS, at said hearing on January 16, 2012, staff indicated the applicant submitted a letter requesting to withdraw the application, and WHEREAS, after reviewing the matter and hearing the testimony presented on January 16, 2012, the Board determined the matter shall be continued to January 23, 2012, to allow the applicant additional time to reconsider her request for withdrawal of the application. WHEREAS, on January 23, 2012, Ms. Braswell was represented by her husband, John Braswell, and he requested a one year continuance on her behalf, and WHEREAS, after reviewing the matter and hearing the testimony presented on January 23, 2012, the Board determined the matter be continued to February 18, 2013, (which was subsequently rescheduled to February 20, 2013, due to the holiday) to allow the applicant additional time to record the mylar plat. WHEREAS, after reviewing the matter and hearing the testimony presented on February 20, 2013, the Board determines that the request for withdrawal of the application be accepted. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request for withdrawal of the application for Recorded Exemption #4546, submitted by Elaine Braswell, be, and hereby is, accepted. C. `pL , 2013-0489 RE4546 RE #4546 - ELAINE BRASWELL PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of February, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD COUN5(, COLORADO ATTEST: Weld County Clerk to the Board torney APP' •�D AS S : � o' �� _,��_ XCUSED FEB 2 6 2013 Date of signature: William F. Garcia s Radema her, Pro-Tem XCUSED Sean P. Conway Mike Freeman 'Barbara Kirkmeyer 2013-0489 RE4546 February 20, 2013 Department of Planning Services Attn: Michelle Martin 1555 N. 17th Ave. Greeley, CO 80631 Re: Recorded Exemption RE -4546 Dear Mrs. Martin: I request to withdraw my Recorded Exemption Review Application (RE -4546.) I understand that I (or a future owner) will have the option to apply for a lot split at a later time. Thank you for all your assistance. Elaine Braswell Esther Gesick From: Sent: To: Subject: Esther, Michelle Martin Tuesday, February 19, 2013 2:24 PM Esther Gesick FW: RE 4546 Please include the below email in the file for RE -4546, thanks. Michelle Martin Planner Ill 1555 N 17th Ave Greeley, CO 80631 mmartin@co.weld.co.us PHONE: (970) 353-6100 x 3540 FAX: (970) 304-6498 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: elaine braswell [mailto:ebbizz@omail.com] Sent: Tuesday, February 19, 2013 11:53 AM To: Michelle Martin Subject: RE 4546 Summary of each quarter of 2012 Q1 - unable to refinance property due to decreased property value compared to existing loan amount; unable to collect funds from farmer who used both land and water Q2 - attempted to refinance property but cannot qualify for any loan programs; was advised to try again in two months Q3 - attempted to refinance property but again cannot qualify; property value below loan amount. Tried to find new farmer to farm land but nothing has worked out. Was able to lease the water Q4 - attempted to refinance property but again cannot qualify for any loans Current Quarter: As of Feb 1, 2013 property loan was sold to a mortgage company that doesn't offer loans on ag property. Due to the decreased value of property it is difficult to move forward. Cannot sell property without taking a huge loss; cannot refinance due to property value much lower than existing loan amount, and new loan company unable to refinance due to no programs for ag land. 1 Cannot split property at this time. Perhaps something positive will develop in 2013-2014. Thank you to the Board for their patience. Elaine Braswell DEPARTMENT OF PLANNING SERVICES 1555 N 17th Ave Greeley, CO 80631 mmartin@co.weld.co.us PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 April 29, 2011 Elaine Braswell PO Box 26 Lafayette CO 80026 Re: Conditions of Approval: Recorded Exemption RE -4546 Dear Applicant: This is a follow up letter from a previous letter send April 1, 2011 regarding outstanding conditions of approval and items to be completed prior to recording the plat for Recorded Exemption RE -4546. Should you choose not to complete the Site Plan Review process and provide the required Mylar Plat, the Department of Planning Services will need to be notified in writing of your decision to withdraw the application. If you chose to withdraw the application please sign and date the enclosed form and return to the Weld County Department of Planning Services, Attn: Michelle Martin, 1555 N 17'" Ave., Greeley, CO 80631. If you are unable to meet the Conditions of Approval and record the plat by June 13, 2011 a hearing with the Board of County Commissioners will take place at the Centennial Center, located at 915 10th Street, on the first floor at 9:00 am on June 13, 2011. It is strongly encouraged that you attend this hearing. At this hearing the Board of County Commissioners has the authority to grant additional time to meet all the conditions/requirements of approval and record the plat or formally vacate Recorded Exemption RE -4546. If you have further question, please contact me at the above address or call (970) 353-6100 x 3540. Sincerely,// Michelle Martin Planner III (20/3 - 042`1 O ra O M1 U.S. Postal Service,,., CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage Si Fees City State, ZIP+4 4,,t, PS Form 3800. August 2006 • Complete items 1, 2, and 3. Also complete Rem 4 If Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front If space permits. I. Article Addressed to: f1iqiAL 3f4Swe.1/ ZgAreCO. 2. Article Number (Transfer from service lapel) PS Form 3811, February 2004 godze o% D. IIsydelivery aaddress different from Rem 1? ❑ Yes E( ♦ T{ below: ❑ No Weld Postmark Here (C. ,5 02t See Reverse for Instruc0ons A Signature X_ HAY 062011 Express Man ❑ Registered10� ❑ Insured Mall 0 Retum Receipt for Merchandise 0 C.O.D. Agent Addressee C. Date of Delivery 7010 1870 0000 4773 9370 Domestic Return Receipt 102595-02-M-1540 • • Michelle Martin From: Michelle Martin Sent: Thursday, April 28, 2011 11:57 AM To: 'elaine braswell' Subject: RE: RE - 4546 Attachments: image002.png Hi Elaine, I just left you a message but I thought I would follow up with an email. Yes it appears the Mylar is the only item left to complete regarding the RE -4546. Please give me a call at your earliest convince to disuses your options with respect to RE -4546. Michelle Martin Planner Ill 1555 N 17th Ave Greeley, CO 80631 mmartinPco.weld.co.us PHONE: (970) 353-6100 x 3540 FAX: (970) 304-6498 8♦� 79i I� W E l 6__:C U Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: elaine braswell jmailto:ebbizz@cimail.coml Sent: Wednesday, April 27, 2011 10:57 AM To: Michelle Martin Subject: RE - 4546 Dear Mrs. Martin: The Mylar Plat is the only requirement to fulfill. The Mylar will be complete as soon as 1 am financially able to pay for it. I am hopeful that the legal fees incurred from the unfortunate lawsuit can be negotiated to a reasonable sum. I am hopeful this can be accomplished in July. If successful, I can acquire funds to have the Mylar Plat completed and submitted. If unable to complete the Mylar Plat, is the property still eligible (grandfathered) to be split at a later time? Sincerely, Elaine Braswell 303-877-9077 1 I DEPARTMENT OF PLANNING SERVICES 1555 N 17th Ave Greeley, CO 80631 mmartin@co.weld.co.us PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 April 1, 2011 Elaine Braswell PO Box 26 Lafayette, CO 80026 Re: Conditions of Approval: Recorded Exemption RE -4546 Dear Applicant: On November 28, 2006 your application for a Recorded Exemption was administratively approved by the Weld County Department of Planning Services with specific Conditions of Approval. One of the required Conditions of Approval grants the applicants sixty (60) days to submit a Mylar Plat. In addition to the Mylar Plat all conditions outlined in the staff report needs to be completed. Should you choose not to complete the Recorded Exemption process and provide the required Mylar Plat, the Department of Planning Services will need to be notified in writing of your decision to withdraw the application. Planning Services Staff is aware of the difficulty and associated delays in meeting the Conditions of Approval normally associated with land use cases, and is willing to work with you in completing your request. Please notify the Department of Planning Services, in writing, within 10 working days of your decision to complete the Recorded Exemption within the next 60 days or withdraw. If you chose to withdraw the application please sign and date the enclosed form and return to the Weld County Department of Planning Services, Attn: Michelle Martin, 1555 N 17th Ave., Greeley, CO 80631. If you are unable to meet the Conditions of Approval and record the plat within 60 days of the date of this letter a hearing before the Weld County Board of County Commissioners is scheduled for Monday, June 13, 2011 at 9:00 am. The Board of County Commissioners meet at the Centennial Center, located at 915 10th Street, on the first floor. If you have further question, please contact me at the above address or call (970) 353-6100 x 3540. Sincerely, 7 7 -Michelle Martin Planner III i� 14773 8007 U.S. Postal Service T., CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Postage Codified Fee O p Return Receipt Fee o (Endorsement Required) Restricted Delivery Fee (Endorsement Required) t` ✓ R 0 a O Total Postage & Fees Postmark Here era To e ,-,t5 sswt Street Apt.No.; '7 orPOBox No. ?o Ed 26 Qi'lQ CO. .oO2.O City, State, ZIPF4 PS Form 3800 August 2006 See Reverse to, Instruct SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: en I G, r.Q.- 0asCdk- TIC) SO)( Zoo (O. COMPLETE THIS SECTION ON DELIVERY A. Signature x<r("f B. Received by (Pri ❑ Agent ❑ Addressee C pate of Delivery fin D. Is delivery - ai ss e - r item 17 ` o -low: "► UaD'rtmenc Weld �li` Y 0 Express Mail ❑ Registered ....Q&fdirl o Insured Mail O C76 4. Restricted Delivery? (Extra Fee) for Merchandise 102595-02-M-1540 O Yes 2. Article Number (Transfer from service label) PS Form 3811, February 2004 7010 1870 0000 4773 8007 Domestic Return Receipt • • Weld County Planning Department GREELEY OFFICE AUG 04?nnn RECEIVED To: Kim Ogle, Planning Services (Letter submitted by email to kogle@co.weld.co.us and by first class mail) From: Elaine Braswell Re: Recorded Exemption 4546 Date: July 31, 2009 I am in receipt of your letter dated July 22, 2009 regarding RE 4546. To date the only requirement remaining to complete the Conditions of Approval is to have a surveyor place pins on the property and to submit a Mylar Plat. Because of errors made by the realtors I had used, I landed in a costly lawsuit which I am currently trying to pay. The lawsuit has put me in a financial bind, and at this time I am unable to pay a surveyor for a Mylar Plat. My desire is to split the property into two parcels, but because of funds, I need more time. I do respect the Department of Planning Services interest to finalize this matter. If Planning Services permits more time, I will be able to complete the application process; however, if Planning Services is unable to honor more time, then I have no other option but to withdraw the application. Thank you for your services, courtesy, and patience during these past difficult years. Jt\nL01, Zolo !!vII% cat ki1/4* 4 t i-ty AactvG Geri • COLORADO DEPARTMENT OF PLANNING SERVICES Greeley Planning Office 918 Tenth Street Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us E-MAIL: kogle@co.weld.co.us PHONE (970) 353-6100, EXT. 3549 FAX (970) 304-6498 July 22, 2009 Elaine Braswell PO Box 26 Lafayette, CO 80026 Subject: Conditions of Approval: RE -4546 Dear Ms. Braswell: On November 28, 2006 your application for Recorded Exemption was administratively approved by the Weld County Department of Planning Services with specific Conditions of Approval. One of the required Conditions of Approval grants applicants sixty (60) days to submit a Mylar Plat. Should you choose not to complete the Recorded Exemption process and provide the required Mylar Plat, the Department of Planning Services will need to be notified in writing of your decision. This office has contacted you previously concerning this application on October 11, 2007 without success, and, or follow-up on your part. Given this current situation, there are two options available to address the resolution of this condition. Submit the required documentation and two copies of the paper plat within 10 working days of the date of this letter, or formally withdraw the application in writing to this office. If you do not formally withdraw your application and/or are unable to meet the Conditions of Approval, your case will be scheduled for a hearing before the Weld County Board of County Commissioners. Planning Staff will be recommending denial or your request at this hearing. If your application is denied by the Board of County Commissioners, the decision could effect future land development applications located on this parcel. Withdrawing applications will not generally effect future applications. Planning Services Staff is aware of the difficulty and associated delays in meeting the Conditions of Approval normally associated with land use cases, and is willing to work with you in completing your request. Please notify the Department of Planning Services, in writing, within 10 working days of your decision. Planning Services Staff can be contacted at the above address or phone number. Sincerely, PM 0 Kim Ogle Planning Services Case File: RE -4546 OK, • Gary S. Joiner Jonathan A. Goodma.. Gregg A. Greenstein G. Roger Bock Joyce M. Bergmann Cinihia M. Mannano William A. Rohinson Fraseona, Joiner, Goodman and Greenstein, P.G. Attorneys at Law A Professional Corporation 4750 Table Mesa Drive, Boulder, Colorado 80305.5541 Facsimile (303) 494-6309 Telephone (303) 494-3000 www.fraseona.com eemail:roger@frascona.com October 8, 2008 Hanna Hippley, Planner Weld County Department of Planning Services North Office 918 10th Street Greeley, CO 80631 of Counsel Joseph Adams Cope Janice H. Louden Karen J. Radakovieh Miriam Abrams Goodman David A. Earns Matthew B. °sofsky Jonathan H. Sargent Thor Y. Inouye Sarah H. Bergeron Michael A. Smeenk Kirsten A. Westerland Re: Robbie Joe Carpenter and Dawn Lee Martin v. Elaine C. Braswell v. Jill C. Kline, Brenda K. Odenbaugh and K&O Realty, LLC Weld County District Court Case No. 07CV348 Our File Number: 20642-900 Dear Ms. Hippley: This letter is written to confirm, as indicated in our telephone call to you today, that the above referenced matter has been settled, and your attendance and testimony at trial is no longer needed by our law firm. Please disregard the subpoena we have sent to you. Thank you for your cooperation in this matter and please accept our apologies for any inconvenience this may have caused you. Sincerely yours, Frascona, Joiner, Goodman and Greenstein, P.C. By: G. Roger Bock roger@frascona.com GRB:all DISTRICT COURT, COUNTY OF WELD, COLORADO Court Address: P.O. Box 2038 Greeley, CO 80632 A COURT USE ONLY A Plaintiff(s): ROBBIE JOE CARPENTER and DAWN LEE MARTIN v. Defendant/Third Party Plaintiff: ELAINE C. BRASWELL v. Third Party Defendants: JILL C. KLINE, BRENDA Case Number: 07CV348 Div.: 4 Ctrm.: K. ODENBAUGH, and K&O REALTY, LLC Attorney For: Third Party Defendants G. Roger Bock Joyce M. Bergmann Frascona, Joiner, Goodman and Greenstein, P.C. 4750 Table Mesa Drive Boulder, CO 80305-5500 Phone Number: (303) 494-3000 Fax Number: (303) 494-6309 E-mail: roger(afrascona.com, joyce@frascona.com Attorney Registration No.: 22397, 16780 WAIVER AND ACCEPTANCE OF SERVICE OF SUBPOENA DUCES TECUM I, Hanna Hippley, hereby certify that I accept service and acknowledge receipt of the Subpoena directed to me in this matter, and waive further service of the Subpoena. DATED this day of October, 2008. By: Hanna Hippley • • Frascona, Joiner, Goodman and Greenstein, P.G. Oliver E. Frascona Gary S. Joiner Jonathan A. Goodman Gregg A. Greenstein G. Roger Bock Cinthia M. Manzano William A. Rohinson Attorneys at Law A Professional Corporation 4750 Table Mesa Drive, Boulder, Colorado 803055541 Facsimile (303) 494.6309 Telephone 303) 494.3000 www.frascona.com e-mail:roger@frascona.com October, 2008 Hanna Hippley, Planner Weld County Department of Planning Services North Office 918 10th Street Greeley, CO 80631 of Counsel Joseph Adams Cope Janice H. Louden Karen J. Radakovich Miriam Abrams Goodman David A. Faros Matthew B. Osofsky Jonathan B. Sargent Thor Y. Inouye Sarah B. Bergeron Michael A. Smeenk Kirsten A. Westerland Re: Robbie Joe Carpenter and Dawn Lee Martin v. Elaine C. Braswell v. K&O Realty, et al; Weld County District Court Case No. 07CV348 Dear Ms. Hippley: My law firm represents Jill C. Kline, Brenda K. Odenbaugh and K&O Realty, LLC. It may be necessary to call you to testify briefly in the two day trial set to commence on Monday, October 20, 2008 at 8:30 a.m. at the Weld County District Court. The enclosed subpoena is for the beginning of trial, however, if you will provide a telephone number at which you can be reached during trial, my office will call you to let you know if and when you actually need to attend and testify. We will attempt to minimize any inconvenience to you. However, you should plan to be available upon an hours notice, if necessary. Your attendance will, at the earliest, be required after noon on the first day of trial, but it may not be required until the second day of trial. A subpoena, a waiver of service, and a check in the amount of $2.11 for mileage and witness fees are enclosed here. Please return the waiver to me no later than Friday, October 10, 2008 via fax or in the enclosed, self-addressed, stamped envelope. The subpoena is a "Subpoena Duces Tecum," which also commands you to bring with you certain documents. Please have the documents ready to bring when you are called to testify. Frascona, Joiner, Goodman and Greenstein, P.C. October 3, 2008 Page 2 of 2 I would be happy to discuss with you in advance the subjects about which you may be questioned, or answer any questions you may have. Thank you for your anticipated cooperation. Sincerely, Frascona, Joiner, Goodman and Greenstein, P.C. By: G. Roger Bock rogergfrascona.corn GRB:all DISTRICT COURT, COUNTY OF WELD, COLORADO A COURT USE ONLY A Court Address: P.O. Box 2038 Greeley, CO 80632 Plaintiff(s): ROBBIE JOE CARPENTER and DAWN LEE MARTIN v. Defendant/Third Party Plaintiff: ELAINE C. BRASWELL v. Third Party Defendants: JILL C. KLINE, BRENDA K. ODENBAUGH, and K&O REALTY, LLC Case Number: 07CV348 Div.: 4 Ctrm.: Attorney For: Third Party Defendants G. Roger Bock Joyce M. Bergmann Frascona, Joiner, Goodman and Greenstein, P.C. 4750 Table Mesa Drive Boulder, CO 80305-5500 Phone Number: (303) 494-3000 Fax Number: (303) 494-6309 E-mail: rogeift frascona.com, joyce@frascona.com Attorney Registration No.: 22397, 16780 SUBPOENA DUCES TECUM THE PEOPLE OF THE STATE OF COLORADO: TO: Hanna Hippley, Planner Weld County Department of Planning Services North Office, 918 10th Street Greeley, CO 80631 You are commanded to attend and give testimony in a trial to be held at the Weld County District Court, 901 9th Avenue, Greeley, CO 80631 commencing at 8:30 a.m. on Monday, October 20, 2008. You are also commanded to produce (bring with you) the following documents to the extent they are in your possession, custody or control: All documents, created, sent or received in the years 2006, 2007 and/or 2008, relating to: 1. The real property depicted in the attached Exhibit A as to lots A and B, or any portion of them (regardless of how legally described), also known as 25404 WCR 48, Kersey, CO 80644; and 2. Correspondence, hand-written notes, or other documents reflecting communications to or from an.pf the following persons regarding the property: a. Elaine C. Braswell b. Jay Freese, PLS, or Scott Ducomman, Freese Engineering; c. Peter Jorgensen, RE/MAX Alliance Downtown; d. Robbie Joe Carpenter or Dawn Lee Martin; e. Jill E. Kline or Brenda K. Odenbaugh, K&O Realty, LLC L1IN- DATED this7"day of October, 2008. Respectfully submitted, Frascona, Joiner, Goodman and Greenstein, P.C. By: G. Roger Bock, No. 22397 4750 Table Mesa Drive Boulder, CO 80305-5500 (303) 494-3000 1• a RECORD' .7 EXEMPTION NO PART OFFNORTHEWEST QUARTER OF SECTIO RANGE 64 EST OF THE 6th PRINCIPAL MERIDIAN Ii II 11 II it II 1 1 11 1 IIa Ca fl • Mtn 1/2' a —s Cr III A 2. OM Li La COLof i L 6 as Alas MSS a AO lai. 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P. eve K4 of .wtp Bas Y. ewe an- at emae tale to s.; tr. arseibm. ale am -et Yr IWr data veld.:- - 'L & Oa *Me Bar.r r -"a Saha • N Bas loam b att. +our .eu._, .f sat SO . wart M •-•Bab be .Ban MSI_.SIJ re .d- steer -: -cant a as, ► rata Set Is as eaei" ac to - whet re ..eta a. p . ,• fell See ae ew1 bob a-1 bo ar istcp+= if. poi tact leaf , phd yadew.tivii ..ohbail-1z, .W Pars pare• ter. •••••• pea. flea W Seek -Mee sof b seed- Arse. er✓. K&O REALTY000010 • i October 11, 2007 DEPARTMENT OF PLANNING SERVICES 918 10TH Street GREELEY, CO 80631 hhippely@co.weld.co.us PHONE: (970) 353-6100, Ext.3558 FAX: (970) 304-6498 Elaine Braswell PO Box 26 Lafayette, CO 80026 RE: Recorded Exemption 4546 (RE -4546) Dear Ms. Braswell, This letter is in response to your request to clarify the status of the recorded exemption in process on your property located at 25404 CR 48. First, however, I would like to review the process up to this point. The application was submitted to the Department of Planning Services on October 3, 2006 and was conditionally approved by staff on November 28, 2006. From that point to March 23, 2007 you were working to comply with the conditions of approval. On March 23, 2007 you informed me that you had become involved in a legal matter regarding the property and would be putting the completion of the recorded exemption on hold until the matter was resolved. Currently, the recorded exemption process is incomplete; the property remains as a single parcel and will until such time that the conditions of approval are satisfied and the recorded exemption plat is recorded with the Weld County Clerk and Recorder. If you need any clarification or have any questions regarding this matter, please call me at (970) 353-6100 ext. 3558. Sincerely, Hannah L Hippely Planner I File: RE -4546 D TF COMMENT/ACTION SIGNATURE /3.236 Ott- w/ e� - Ai/ ,SL h5 /eel 74 q /s ve�a-cl Hey "lay-- t- S/u Saiol ck is lte/d.�q m 1 � C��i kq�lus 1 o legal aJ7 vea �Z,e. .rte7 q- yshla'.c aY 70 Air /I- uxvcn 5/ w/ c ., /It .1 (KIN sh fit had- A c t �/ etid ie.,40 ! -sue may /new la& ph/ lee' !tiro 4414Sal ftwss7-J (Li, A1c y olyz.�u�4 s -) 7n O'de n,x; n_ 7Gu r2( ?g / „I V 4,czi �4 _m_. 0,4-{ a /7o/ / (iLlrij A old s r? r vz al (" vei &Ai 6' a re -4 r. A i1 i7;74�&I /S 4v' G,/H-7cl t /4L -a_ ti, it S5,-7. (/ c 4 i vc.S /Pc /u%' 511 ,14.2, Gor /3 G?ct c . ', ti, L- Fro -sai� -Po rt'rr: % c, r S Matte )alley @hdeco/ WELD COUNTY DISTRICT RE -7 P.O. BOX 485 - KERSEY, COLORADO 80644 - 970/336-8500 - FAX 970/336-85 I E. GLENN MCCLAIN,SUPERINTENDENT Weld County Planning Department GREELEY OFFICE JAN- 1 b 2007 January 10, 2007 RECEIVED Weld County Planning Department 1555 N. 17th Avenue Greeley CO 80631 RE: Land Dedication — Braswell — RE —4546 The Board of Education of Platte Valley School District, Weld RE -7 passed the land dedication, cash -in -lieu policy at the March 13, 2000 meeting. This policy addresses new developments and recorded exemptions that would affect the district. The policy is specifically intended for land use that will be a new residence. Per the attached letter dated January 10, 2007 from Elaine Braswell, no new residential buildings are anticipated and there should be no impact on the district. Therefore, the land dedication/cash-in-lieu does not apply in this situation. However, should a new permanent residence be built on the proposed lot B, the fee for land dedication/cash-in-lieu will be applicable. Please contact my office if you have any questions. Sincerely, E. Glenn McClain, Jr. Superintendent cc: Elaine Braswell P. O. Box 26 Lafayette CO 80026 <j4447. &lrcrrtin/r... (,aril Out 0 ; Ow ,%. 01/10/2004 11:25 3036653253 BRASWELL PAGE 02 • Glenn McClain, Superintendent Platte Valley Schools P.O. Box 485 Kersey, CO 80644 P.O. Box 26 Lafayette, CO 80026 January 10, 2007 Re: RE -4546 Dear Glenn: 'Thank you for receiving my call regarding Recorded Exemption RE 4546. I have no intention to build on this land parcel nor are there any proposed buildings. My plans are to sell this acreage as 30 acres of land with alfalfa on approx. 12 acres. Please submit to the county the appropriate letter, so the county can proceed with the closure of this recorded exemption. Thank you for your time in this matter. Sincerely yours, Elaine Braswell arb 4gott wm€. COLORADO DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Elaine Braswell RE -4546 Planner: H.Hippely Legal Description: Lot A of RE -1820 Pt of E2 NW4 Section 08, Township 04 North, Range 64 West of the 6th P.M. Weld County, Colorado Parcel ID #: 1053 08 200043 Lot A Size: 6 +/- acres Lot B Size: 25 +/- acres Water Source: Central Weld County Water District Sewer System: Septic Yes No X X X X X Criteria Checklist 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. 2. Compatible with the existing surrounding land uses. 3. Consistent with the intent of the zone district. 4. Consistent with efficient and orderly development. 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2. The West Greeley Soil Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on site soils. • 3. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 1053-8-2 RE -4546. B. Lot A shall use the existing residential access point as no additional accesses shall be granted. C. Lot B shall be created as a flag lot with the flag pole along the eastern edge of the property. The flag pole shall be a minimum of 30 feet in width. D. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. E. County Road 48 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full build out. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. The applicant shall address the requirements of Weld County School District RE -7 as stated in the referral response dated October 20, 2006. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. Lot A shall comply with the one (1) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include reserved road right- of-way. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. G. The following notes shall be placed on the plat: 1)All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead. Any construction within a 200 -foot radius of any tank battery or 150 -foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A and Lot B are not eligible for a future land exemption in accordance with Section 24-8-20.C.2 of the Weld County Code. 4) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 5) Prior to the release of building permits for Lot B, the access road to must be a graded and drained road which provides and all weather access. Written evidence of this must be provided to the Department of Planning Services from the Department of Public Works. 6) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot B has an adequate water supply of sufficient quality, quantity and dependability. 7) Prior to the release of building permit, the applicant shall submit evidence of approval from the Platte Valley Fire Protection District to the Weld County Building Department. 8) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 9) The existing accessory building located approximately 25 feet south of County Road 48 shall comply with the definition of Accessory Building in Section 23-1-90 of the Weld County Code and maintain compliance with the following conditions: a) Electricity is the only utility which will be connected to the structure. b) The structure shall not be used on any basis as a dwelling or as overnight or temporary housing for any person. 10) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 11) A plan review is required for each building except for buildings that meet the definition of Ag Exempt buildings. Plans may require the wet stamp of a Colorado registered architect or engineer. 12) Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 2003 International Residential Code; 2003 International Building Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International Fuel Gas Code; 2005 National Electrical Code and Chapter 29 of the Weld County Code. 13) Each building will require an engineered foundation based on a site -specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. 14) Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by the Weld County Zoning Code (Chapter 23 weld County Code). 15) Building height shall be measured in accordance with the 2003 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. 16) Any disturbance of wetlands shall require the applicant to contact the Army Corps of Engineers for permits pursuant to Section 404 of the Clean Water Act. 17) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) 18) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) 19) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, ranking fifth in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. • Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 3,700 miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. 5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge may be added for each additional 3 month period. 6. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsco.weld.co.us. 7. The Weld County Department of Planning Staff's approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. By nner Date 11/28/06 • STATE OF COLORADO STATUTORY FORM POWER OF ATTORNEY IMPORTANT INFORMATION This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the "Uniform Power of Attorney Act", part 7 of article 14 of title 15, Colorado Revised Statutes. This power of attorney does not authorize the agent to make health care decisions for you. You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you. Your agent is entitled to reasonable compensation unless you state otherwise in the special instructions. This form provides for designation of one agent. If you wish to name more than one agent you may name a coagent in the special instructions. Coagents are not required to act together unless you include that requirement in the special instructions. If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent. This power of attorney becomes effective immediately unless you state otherwise in the special instructions. If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form. DESIGNATION OF AGENT I 2 (611k1.1) 11) tic, .cRit (name of principal) name the following person as my agent: Name of agent: 1 J(..,lwt ±) • 3' f % t,J' 2 Agent's address: /0 7 2. :Pub/7c MA," " la fcttee z. , (-0 JitU 6, Agent's telephone number: 1a v 6, 70 - 9 tow // &/s. - /7d'f/aU a 3-29 [2010 version] (page 1) 9109 Plat Checklist POC Planner Item Commems Cheek (Thee"; t'ropr,.,,e and metal 2?' x 3G' or I8' z 2a" r Lbnm::m i md'aoecr poivester sheer _r,erin No enck-ot :caring Minimum h pi leucmc lnuacanm of Lou. Sea:e Snub ScsS r:• - t.' 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Sitra:tnr: Drc. /7 ccividuy #—Fb iticaI ,416,_ & 6kal i s • c WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 918 10'" STREET GREELEY, CO 80631 PHONE: 970-353-6100, EXT. 3540 / FAX: 970-304-6498 Date: Received From: 20 ri r Receipt No. 1 16 71 Permit Type No. Description Fee 422 -RE/$E /„7— e/4/00.Li% 4221-ZPMH 4221-USR 4221 -SITE PLAN REVIEW 4221 -CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB # OF BUILDABLE LOTS 4221 -ADDITIONAL 30% FEE FOR SUB's 4221 -RE -SUBDIVISIONS 4221 -BOA 4221-FHDP/GHDP 4430 -MAPS / POSTAGE 4430 -COPIES 4730 -INVESTIGATION FEE 6560 -RECORDING FEE MISC. CASH L']CHECK NO. it 5.(j Receipted By: DL# 7'a2, (l� TOTAL FEE Exp. • FIELD CHECK • Inspection Date: Ja/n/r(,t APPLICANT: Elaine Braswell CASE #: RE -4546 REQUEST: Two (2) Lot Recorded Exemption LEGAL: Lot A of Re -1820 Pt of E2 NW4 Section 08, Township 04 North, Range 64 West of the 6th P.M. Weld County, Colorado LOCATION: South of and adjacent County Road 48 and approx. ''A mile East of County Road 51 PARCEL ID #: 1053 08 200043 ACRES: 30 +/- Zoning Land Use N AG N AJ E AG E S AG S W Ag W Comments: c� Howe vn occur - /R/�G & w c Agar -4 - q�.c 44-ep 3T1clC o f ToN IGi0- 7, c •-tr Ob193O1(,Qv-obs - rime- i3tr / CeAvte,nr Sion 5Tra zire ttn1 5 #121144 Nc010 f& s A4 —*emit appears Unv5zlotarr-trc.e $Cloy V) oth CATCLca ?coo aXon1 cot 4g w/ aw re -Pt House(s) Outbuilding(s) zr Access to Property yeeCrop Productions y Site Distance / Mobile Home(s) gf Other Animals On -Site / Water Bodies ye Ditch ,tt Derelict Vehicles 4' Non-commercial junkyard (list components) 4' Irrigation Sprinkler Crops Wetlands ,eS Oil & Gas Structures Wildlife Utilities On -Site (transmission lines) Topography Note any commercial business/commercial vehicles that are operating from the site. • • COLORADO ffi October 5, 2006 Elaine Braswell PO Box 26 Lafayettte CO 80026 DEPARTMENT OF PLANNING SERVICES NORTH OFFICE 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 Subject: RE -4546 - A Recorded Exemption located on a parcel of land described as Lot A of RE -1820; Pt E2NW4 of Section 8, T4N, R64W of the 6th P.M., Weld County, Colorado. Dear Applicant: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria or if staff has concerns with the application, staff may elect to forward the application for review to the Board of County Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Kersey Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Kersey Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Kersey at 970-353-1681, for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. Sincerely Hannah Hippely Planner • 'Kett WagCOLORADO • APPLICATION FLOW SHEET APPLICANT: Elaine Braswell CASE #: RE -4546 REQUEST: Two (2) Lot Recorded Exemption LEGAL: Lot A of Re -1820 Pt of E2 NW4 Section 08, Township 04 North, Range 64 West of the 6th P.M. Weld County, Colorado LOCATION: South of and adjacent County Road 48 and approx. %2 mile East of County Road 51 PARCEL ID #: 1053 08 200043 ACRES: 30 +/- Date B Application Received 10/3/06 HH Application Completed 10/4/06 HH Referrals listed 10/4/06 HH Vicinity map prepared 10/4/06 HH File assembled 1'I 5 lap LYY1/4- Case logged in computer Letter to applicant mailed Referrals mailed Field check by DPS staff /(i 4' • etc1771/ / Administrative Review decision: mid IL 20j • CZp #4 - Board of County Commissioners hearing (if applicable) County Commissioners Hearing Date Date B y Surrounding property owners notified Presentation prepared CC action: CC resolution received Date Plat recorded and filed B y Overlay Districts Zoning Agricultural MUD Yes NoX IGA Yes No X Airport Yes No X Geologic Yes No X Flood Hazard Yes No X Panel # RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT # 1$ CASE # ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number / 0 6 - U - - U 0- 0 3 (12 digit number - found on Tax I.D. information, obtainable at the Weld County Assessor's Office, or www.co.weld.co.usl_ Legal Description F iet Z Al 111,1 - I - F,)q Lei A , Section B , Township) 7 North, Range (// West RE:c x(-.411:) Has the property been divided from or had divided from it any other property since August 30, 1972? Yes Nov' Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes ✓ No_ FEE OWNER(S) OF THE PROPERTY: Name: i( t/I �'� C CAS We 1 Work Phone #307 -' 77' /0 7 Home Phone # Email Address Address: f t) ()X -;2. (c City/State/Zip Code L;:I f^'tl Y' e ft's , f "(? !3O r? 4 APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany all applications signed by Authorized Agent) Name: N / Work Phone # Address: Home Phone # Email Address City/State/Zip Code L Lot A Smaller Parcel Lot B Lot C Lot D Water Source e e i1 trc� It VI/t �c �� l/ >' '.) (-i Li( Type of Sewer 5f2 - 1-i: C. )e(I-jU Proposed Use Re -4/4j. heSici4,l)**(t1/4 9 - Acreage 6 '(!) ci..0+'e' .V.) . `/ co `> Existing Dwellings? If Yes, list address below: ,2bik,4 i'Ui;rr'dis If Yes, list address below: Al _ If Yes, list address below: If Yes, list address below: I ' h bl k bove ' If the property is vacant or unimpro ed write proposed water source and proposed sewer system for each parce in t e an s a For example, if a well and septic is proposed state: proposed well, proposed septic. I (We) request that the following described property be designated a Recorded Exemption by the Weld County Board of County Commissioners. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included showing the signatory has to legal authority to sign for the corporation. �r�r.,� x �� n«• i / UI ./C'� Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date -4- S RECORDED EXEMPTION (RE) QUESTIONNAIRE Please type or print your response(s) to the following questions on a separate sheet of paper. 1. Water supply statements addressing the following: a. Domestic use. The statement will include evidence that a water supply of sufficient quality, quantity and dependability will be available to serve all proposed lots. A letter from a water district, municipality, or a well permit are examples of evidence for domestic use. (Example - "Water will be provided by the 123 Water Company, a tap agreement has been purchased and a copy of the receipt is attached," or "Water will be provide by a well (Well Permit # 12345 is attached") b. Irrigation water. The statement will include the type and quantity of irrigation water to the site, whether irrigation water has been removed from the site and, if so, when. (Example - "Four (4) shares of ABC Ditch Company Water will remain with the site, a copy of the purchase agreement addressing this item is attached," or "The parcel was purchased with no water rights.") 2. A statement explaining that the proposed lots will have an adequate means for the disposal of sewage in compliance with the requirements of the underlying zone district and the Weld County Department of Public Health and Environment. A copy of the septic permit or a letter from the sewage disposal facility must accompany the application. (Example - "Sewer service will be provided by Anytown Sewer and a "Commitment to serve" letter from Anytown is attached." or "An engineered Septic system will be designed, constructed and permitted according to Weld County ISDS requirements." or "A copy of the existing Septic Permit and appropriate copies (#123456789) are included with the application.") 3. A description of how the property is being used. When the parcel(s) is located in the agricultural zone district, the number and types of livestock and any existing improvements such as the principal residence, labor home, mobile home, manufactured home, barn, outbuildings, and oil/gas well production facilities on the property. If the property is being farmed the location of any pivot sprinklers and irrigation ditches as well as types of crops being produced. (Example - "The parcel has one (1) farmhouse, one (1) mobile home for the hired hand (permitted under Mobile Home Permit # ZPMH-123), two (2) barns, a one (1) loafing shed. The north half is currently used for pasture for approx. 100 head of cattle and 6-10 horses. There is an oil and gas well head and tank battery in the northeastern corner. The south half of the property is flood irrigated and currently planted in alfalfa.") 4. A description of the location, size, present and future use of the area where the proposed new lot(s) will be created. (Example -'The new lot will be approx 5 acres in size and located west of and adjacent to CR. _ and the north boundary of the property. It is being created to be sold for a single family dwelling site.") 5. A statement describing any unique physical characteristics on the site, if applicable such as rock outcroppings, hills, ditches. (Example -'The ABC ditch runs diagonally across the southeastern quarter of the property.") 6. A statement indicating where a primary building envelope and/or alternative building envelope will be designated on any of the lots. Building envelopes may not be necessary on lots that are smaller than 35 acres. The Department of Planning Services reserves the right to recommend building envelopes on smaller acreage. (Example - "No building envelopes are requested") 7. Is there a Business or Use by Special Review permit on the property? If so, will it be vacated or remain on the Recorded Exemption lot(s)? (Example - "USR 1234 for my concrete business will be vacated as I am retiring. My son is moving the business and equipment to his property outside of Weld County.") -6- • • Recorded Exemption (RE) Questionnaire 1. Domestic use. Both Lot A and Lot B will be on Central Water. 2. Both lot A and lot B will be on ISD5 septic systems. 3. Lot A, residential - the parcel has one (1) farmhouse, one (1) garage, one (1) barn, and six (6) sheds. Lot B, currently used as dry land, is south of lot A. There are irrigation pipes and irrigation ditches in the southwestern section; this area is currently planted in alfalfa. 4. Lot B will be approximately 20-29 acres in size and located south of lot A, which has a permanent access on the north boundary of the property. The west line and the east line are proposed access roads to lot B. Lot B is being created to be sold for a single family dwelling site. 5. Lot B has irrigation ditch that runs (N&S) and E&W) in the SW corner of lot B. 6. N/A 7. N/A 8. NVIF- fl[5 11th w v c IIse.d bp.btat.Pl — - Lot" S oscJ Foe vic a5 Acltj e--- 575 9V52omik Lint --� .A Proposed -.is z~ • Report Date: 02/06/2007 01:54P WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R1196696 ASSESSED TO: BRASWELL ELAINE C t''(; 6Ch � (, g66-KKEN-RRATT-BEV6#2D4-156 / EON6tv10NT7 GO 80601 ri �c %7 e t I t- Cc cc C 4' LEGAL DESCRIPTION: PT E2NW4 8-1-64 LOT A REC EXEMPT RE -1820 (.39R) SITUS: 25404 48 CR KERSEY 80644 PARCEL: 105308200043 SITUS ADD: 25404 48 CR KERSEY TAX YEAR CHARGE 2006 TAX TOTAL TAXES TAX AMOUNT INTEREST 342.14 0.00 FEES 0.00 PAID TOTAL DUE 0.00 342.14 342.14 GRAND TOTAL DUE GOOD THROUGH 02/06/2007 342.14 ORIGINAL TAX BILLING FOR 2006 TAX DISTRICT 0742 - Authority WELD COUNTY SCHOOL DIST RE7 CCW WATER CWC WATER CCS WATER PLATTE VALLEY FIRE AIMS JUNIOR COL WELD LIBRARY WEST GREELEY CONSERVATION TAXES FOR 2006 * Credit Levy Mill Lev Amount Values 16.804* 113.93 AGRICULTURAL 17.469 118.43 AGRICULTURAL 0.550 3.73 AGRICULTURAL 0.000 0.00 3.221 21.84 TOTAL 2.415 16.37 6.330 42.92 3.261 22.11 0.414 2.81 50.464* 342.14 Actual 5,800 60 63,711 Assessed 1,690 20 5,070 69,571 6,780 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURERS OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - AUGUST 1, REAL PROPERTY - AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley, CO 80632 (970) 353-3845 ext. 3290 Weld County Planning Department GREELEY OFFICE FEB 0 g 2007 RE EIVgn Weld County Treasurer Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence of the status as of this date of all property taxes; special assessments and prior tax liens attached to this (these) account(s). Current year's taxes are due but not delinquent. Signed ;�J ( Date: Report Date: 09/28/2006 10:17AM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R1196696 ASSESSED TO: BRASWELL ELAINE C 700 KEN PRATT BLVD #204-156 LONGMONT, CO 80501 LEGAL DESCRIPTION: PT E2NW4 8-1-64 LOT A REC EXEMPT RE -1820 (.39R) SITUS: 25404 48 CR KERSEY 80644 PARCEL: 105308200043 SITUS ADD: 25404 48 CR KERSEY TAX YEAR CHARGE 2005 TAX TOTAL TAXES TAX AMOUNT 394.34 INTEREST FEES 0.00 0.00 394.34 PAID TOTAL DUE 0.00 0.00 GRAND TOTAL DUE GOOD THROUGH 09/28/2006 0.00 ORIGINAL TAX BILLING FOR 2005 TAX Authority WELD COUNTY SCHOOL DIST RE7 CCW WATER CWC WATER CCS WATER PLATTE VALLEY FIRE AIMS JUNIOR COL WELD LIBRARY WEST GREELEY CONSERVATION TAXES FOR 2005 DISTRICT 0742 - Mill Levy Amount 17.900 121.35 23.812 161.45 0.607 4.12 0.000 0.00 3.350 22.71 2.438 16.53 6.357 43.10 3.281 22.25 0.417 2.83 58.162 394.34 Values AGRICULTUR AGRICULTUR AGRICULTUR TOTAL Actual 5,800 60 63,711 Assessed 1,690 20 5,070 69,571 6,780 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - AUGUST 1, REAL PROPERTY - AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley, CO 80632 (970) 353-3845 ext. 3290 WELD COUNTY TREASURER Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are Evidence that, as of this date, all property taxes, special assessments and Prior tax liens currently due and payable connected with the parcel(s) identified therein have been paid in full. Signed _ Date WI a(J /c' REFERRAL LIST Name: Braswell County _Attorney z Health Department _Extension Office _Emergency Mgt Office - Ed Herring Sheriffs Office z Public Works _Housing Authority _Airport Authority z Building Inspection z Code Compliance _S. -Ann _N -Beth Kim Ogle (Landscape Plans) _Lin (Addressing Change of Zone) Ambulance Services • State _Div. of Water Resources _Geological Survey _Department of Health _Department of Transportation Historical Society _Water Conservation Board Oil & Gas Conservation Commission Division of Wildlife _South Hwy 66 (Loveland) _North Hwy 66 (Greeley) Division of Minerals/Geology Soil Conservation Districts Big Thompson/ FTC Boulder Valley/Longmont _Brighton/SE Weld Centennial z Greeley/West Greeley Platte Valley West Adams Little Thompson Federal Government Agencies _US Army Corps of Engrs USDA -APHIS Vet Service Federal Aviation Admin (Structures over 200 ft or w/in 20000 ft of Pub Airport Federal Communications Comm Towns & Cities Ault Berthoud _Brighton Dacono Eaton Erie Evans Firestone _Fort Lupton Frederick _Garden City Gilcrest _Greeley Grover Hudson Johnstown _Keenesburg z Kersey LaSalle Lochbuie _Longmont Mead Milliken _New Raymer _Northglenn Nunn Pierce Platteville Severance Thornton Windsor Counties Adams Boulder Broomfield Larimer CasE-4546 Fire Districts Ault F-1 Berthoud F-2 _Briggsdale F-24 _Brighton F-3 Eaton F-4 _Fort Lupton F-5 Frederick Galeton F-6 Hudson F-7 Johnstown F-8 LaSalle F-9 _Mountain View F-10 Milliken F-11 Nunn F-12 Pawnee F-22 Platteville F-13 z Platte Valley F-14 Poudre Valley F-15 _Raymer F-2 _Southeast Weld F-16 _Union Colony F-20 Wiggins F-18 Windsor/Severance F-17 Other z School District RE -7 _Central Colo. Water Cons RR _Ditch Company _Art Elmquist (MUD Area) Commissioner Name: REFERRAL LIST • case #: fl6 y5 -y/, County Attorney Health Department _Extension Office _Emergency Mgt Office - Ed Herring Sheriffs Office Public Works _Housing Authority Airport Authority 1 Building Inspection Code Compliance _S. -Beth N -Ann _ Kim Ogle (Landscape Plans) _Lin (Addressing Change of Zone) Ambulance Services State Div. of Water Resources _Geological Survey _Department of Health _Department of Transportation _Historical Society Water Conservation Board Oil & Gas Conservation Commission Division of Wildlife _South Hwy 66 (Loveland) _North Hwy 66 (Greeley) Division of Minerals/Geology Soil Conservation Districts Big Thompson/ FTC _Boulder Valley/Longmont _Brighton/SE Weld Centennial -KGreeley/West Greeley _Platte Valley West Adams Little Thompson Federal Government Agencies _US Army Corps of Engrs USDA -APHIS Vet Service Federal Aviation Admin (Structures over 200 ft or w/in 20000 ft of Pub Airport Federal Communications Comm Towns & Cities Ault Berthoud _Brighton Dacono Eaton Erie Evans Firestone Fort Lupton Frederick _Garden City Gilcrest _Greeley Grover Hudson Johnstown Keenesburg Kersey LaSalle Lochbuie _Longmont Mead Milliken _New Raymer _Northglenn Nunn Pierce Platteville Severance Thornton Windsor Counties Adams Boulder Broomfield Larimer er School District RE -p _Central Colo. Water Conservancy Dist RR _Ditch Company, _Art Elmquist (MUD Area) Commissioner Fire Districts Ault F-1 Berthoud F-2 _Briggsdale F-24 _Brighton F-3 Eaton F-4 Fort Lupton F-5 Galeton F-6 Hudson F-7 Johnstown F-8 LaSalle F-9 Mountain View F-10 Milliken F-11 Nunn F-12 Pawnee F-22 Platteville F-13 Platte Valley F-14 Poudre Valley F-15 _Raymer F-2 Southeast Weld F-16 _Union Colony F-20 Wiggins F-18 Windsor/Severance F-17 Legal WA -PEE S20 3 6 Parcel ID # Zone USDA �/� Airport NO Geo Haz FP? HD Panel # IGA? NO ORD # MUD? WV T P 44iit '"DC. COLORADO • Weld County Referral October 5, 2006 The Weld County Department of Planning Services has received the following item for review: Applicant Elaine Braswell Case Number RE -4546 Please Reply By November 2, 2006 Project Two Lot Recorded Exemption Legal Planner Hannah Hippely Lot A of RE -1820; Pt E2NW4 of Section 8, T4N, R64W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 48; approx. 1/2 mile east of CR 51. For a more precise location, see legal. Parcel Number 1053 08 200043 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑0/Vye have reviewed the request and find that it does / does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: u %n A D U (nn ncxr uua-eA otrrk b;PD, ry Ved Signature Agency l n - Ln ocp Date +Weld County Planning Dept. 4918 10'h Street Greeley, CO. 80631 ❖(970) 353-6100 ext.3540 ❖(970)304-6498 fax 1hi2L'2N56 1 5: 41 9703534 PAGE 04/04 COLORADO PLATTE VALLEYYE Weld County Referral October 5, 2006 The Weld County Department of Planning Services has received the following item for review: Applicant Elaine Braswell Case Number RE -4546 Please Reply By November 2, 2006 Planner Hannah Hippely Project Two Lot Recorded Exemption Legal Lot A of RE -1820; Pt E2NW4 of Section 8, T4N, R64W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 48; approx. 1/2 mile east of CR 51. For a more precise location, see legal. Parcel Number 1053 08 200043 The application i5 submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or,on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. We have reviewed the request and find that it does / does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature Agency /.,/,/,,p my Date +Weld County Planning Dept. +918 10°' Street Greeley, CO. 80631 +(970) 353-6100 ext.3540 +°(970)304-6498 tax 10/22/2006 15:41 970853 PLATTE VALLEYaE PAGE 03104 PLATTE VALLEY FIRE PROTECTION DISTRICT to: Weld County Dept. of Planning Services From Dan Fahrenbruch ATTN: Dart= October,22, 2008 Fa'c 970-304-6498 Re: ❑ urgent ❑ Fe it *Comments: From Fire Marshal Dan carrie stmonas ,p%atle VaLlee Ftreyr otecttovr, DLL? _ %t 267 First street (po 8ax #4-48) xersety, co 866.14 csImondsaplattevat fire,ary O Please Recycle adri, Wilk COLORADO WELD COUNTY PUBLIC WORKS EPT The Weld County Department of Planning Services has re e following item for review: • County Referral October 5, 2006 Applicant Please Reply By Project Legal Location Elaine Braswell November 2, 2006 Two Lot Recorded Exemption Case Number RE -4546 Planner Hannah Hippely Lot A of RE -1820; Pt E2NW4 of Section 8, T4N, R64W of the 6th P.M., Weld County, Colorado. South of and adjacent to CR 48; approx. '/z mile east of CR 51. For a more precise location, see legal. Parcel Number 1053 08 200043 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan {❑ We have reviewed the request and find no conflicts with our interests. lI See attached letter. Comments: Signature Agency J 4f -sac/ ��V�''""' -t�ihJ)t /o- v_oy Date .•Weld County Planning Dept. +918 10m Street Greeley, CO. 80631 +(970) 353-6100 ext.3540 3(970)304-6498 fax • pie; WE�Yc. COLORADO MEMORANDUM TO: Hannah Hippely, Planning Services DATE: October 24, 2006 FROM: Donald Carroll, Engineering Administrator Lill SUBJECT: RE -4546, Elaine Braswell The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are as follows: COMMENTS: Weld County Road Classification Plan (FHU): WCR 53 is a collector road and requires an 80 -foot right-of-way at full build out. There is presently a 60 -foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (23-1-90), the required setback is measured from the future right-of-way line. WCR 46 is a local gravel road and requires a 60 -foot right-of-way at full build out. There is presently a 60 -foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (23-1-90), the required setback is measured from the future right-of-way line. REQUIREMENTS: Road Access Policy: (Policy Established Sec. 8-2-10) Direct access from a public road will be limited to one (1) per legal parcel, except as further limited or restricted by zoning or subdivision regulations. Additional accesses may be approved by the Department of Public Works or the Board of County Commissioners. This policy shall apply to all new and existing accesses within the unincorporated areas of the County. Properties within municipalities or other counties which access County roads are subject to this policy. (Lot B, one access) The applicant shall utilize the existing residential access to this parcel. (Lot A) Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. In accordance with Section 24-7-50 J of the Weld County Code, Chapter 24, Article VII, the flag lot configuration will be avoided where possible. The minimum width of a flag lot is 30 feet. (Lot B) The right-of-way or easement shall be a graded and drained road to provide an all-weather access. (Lot B) FLOOD HAZARD DEVELOPMENT STANDARDS: This is not in the FEMA Flood Zones. RE -4546 M:\PLANNING—DEVELOPMENT REVIEV RE-RecordedExemption\RE-4546.doc Road File #: RE # : y g WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext_ 3750 Fax (970) 304-6497 Date: /O - U 1. Applicant Name riai . i C`. ,-(31,41,_. Address 19_ 0, 2. Address or Location of Access 1/5 ',CP/ I/V C Section Y Township 0 `f Range (v 174 Weld County Road #: Side of Road 5 Other Case #: Phone3Dj-'s77-61077 City 14 f,rl,L, cotateCO Zip 17I;l 2 rye.,' y, cH5706461 Subdivision // Ft Block Nk Lot Al H Distance from nearest intersection /2 rat 3. Is there an existing access to the property? Yes V No # of Accesses Oilt) c) - 4. Proposed Use: ❑ Permanent d Residential/Agricultural © industrial Cl Temporary ❑ Subdivision ❑ Commercial ❑ Other rr r.***rr*r.*rtrrrr+rrsrr rrtrrf*.****rrrrr***r} ****i rrrrr* * ', 0(t1 0,\\L� 0 5. Site Sketch Legend for Acr ess Description: AG RES O&G D.R. O a = Agricultural = Residential = Oil & Gas = Ditch Road = House = Shed A = Proposed Access A = Existing Access NT *****rrrr*+r►rr*r***r rrr OFFICE USE ONLY: Road ADT Date Accidents Date Date Road ADT Date Accidents Drainage Requirement Culvert Size Length Special Conditions Reviewed By: C] Installation Authorized ❑ Information Insufficient Tide: -7- • a:zol 11111k. COLORADO Memorandum TO: W.C. Planning, Hannah Hippely DATE: October 31, 2006 FROM: , EH Services, eborah Blandin CASE: RE- 4546 APPLICANT: Elaine Braswell Environmental Health Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed home septic system(s) and shall be installed according to the Weld County Individual Sewage Disposal Regulations. • Weld County Referral October 5, 2006 The Weld County Department of Planning Services has received the following item for review: Applicant Elaine Braswell Case Number RE -4546 Please Reply By November 2, 2006 Project Two Lot Recorded Exemption Legal Planner Hannah Hippely Lot A of RE -1820; Pt E2NW4 of Section 8, T4N, R64W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 48; approx. '/z mile east of CR 51. For a more precise location, see legal. Parcel Number 1053 08 200043 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan Di We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature Agency Date +Weld County Planning Dept. 4918 101° Street Greeley, CO. 80631 4(970) 353-6100 ext.3540 ❖(970)304-6498 fax at. IIMe COLORADO November 2, 2006 Elaine Braswell Two Lot Recorded Exemption. RE- 4546 DEPARTMENT OF PLANNING SERVICES BUILDING INSPECTION NORTH OFFICE 918 10th Street GREELEY, COLORADO 80631 PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT CO 80504 PHONE (720)652-4210 ext. 8730 FAX (720)652-4211 1. Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements the Weld County Code do not need building permits, however a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical or water for watering or washing of livestock or poultry. 2. A plan review is required for each building except for buildings that meet the definition of Ag Exempt buildings. Plans may require the wet stamp of a Colorado registered architect or engineer. 3. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 2003 International Residential Code; 2003 International Building Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International Fuel Gas Code; 2005 National Electrical Code and Chapter 29 of the Weld County Code. 4. Each building will require an engineered foundation based on a site -specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. 5. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by the Zoning Ordinance. 6. Building height shall be measured in accordance with the 2003 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. 7. Provide letter of approval from Platte Valley Fire Protection District prior to new residential construction. 8. There is one historical building permits on record with final status. Sinc ogr V gil� Building Official Service, Teamwork, Integrity, Quality COLORADO S Weld County Referral Weld County Planning Department CRELLEY OFFICE R CE t"ED October 5, 2006 The Weld County Department of Planning Services has received the following item for review: Applicant Please Reply By Project Legal Elaine Braswell November 2, 2006 Two Lot Recorded Exemption Case Number RE -4546 Planner Hannah Hippely Lot A of RE -1820; Pt E2NW4 of Section 8, T4N, R64W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 48; approx. %3 mile east of CR 51. For a more precise location, see legal. Parcel Number 1053 08 200043 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. We have reviewed the request and find that it does / does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. See attached letter. Comments. Signature Agency Platte Valley School Distr%6t Weld RE -7 October 20, 2006 Date +Weld County Planning Dept. +918 101° Street Greeley, CO. 80631 +(970) 353-6100 ext.3540 +(970)304-6498 fax • WELD COUNT' DISTRICT RE -7 P.O. BOX 485 - KERSEY, COLORADO 60644 - 970/336-8500 - FAX 970/336-85 I I E. GLENN MCCLAIN,SUPERINTENDENT October 20, 2006 Weld County Planning Department 1555 N. 17th Avenue Greeley, CO 80631 RE: Recorded Exemption — Braswell — RE -4546 The Board of Education of Platte Valley School District, Weld RE -7 passed the land dedication, cash -in -lieu policy at the March 13, 2000 meeting. This policy addresses new developments and recorded exemptions that would affect the district. The policy is specifically intended for land use that will create a new residence. A cash -in -lieu payment is required for each new residential lot. This policy is an effort to assist the district in mitigating the increasing capital cost of growth. Please forward this information to potential land developers and individuals requesting recorded exemptions so that they may make arrangements with the school district to satisfy the requirements of the policy. The district also requests that the land developer contact the school in regard to transportation. If the intended use is for a residence then consideration for a school bus stop needs to be examined. Please contact my office if you have any questions. Sincerely, E. Glenn McClain, Jr. Superintendent .±P./(4%•/' v�fc yrtroi/ . . . � ,w%/' //m/' i� c' 0i/ 1. S RESOLUTION OF THE BOARD OF EDUCATION OF PLATTE VALLEY SCHOOL DISTRICT RE -7 WHEREAS, growth in residential land development and the construction of new residential dwellings within the boundaries of the Weld County School District RE -7 (the "District") necessitates the acquisition of additional public school sites to accommodate the corresponding increases in student populations; and WHEREAS, requiring land dedications for public school sites, or payments in lieu of land dedications will provide a portion of the land to meet such demand; and WHEREAS, planning departments within the various local governments that have territory within the Disuict routinely refer;tpplicatiou5 Mating to new development for review and comments concerning the adequacy of public school sites and facilities; and WHEREAS, local governments are encouraged and authorized to cooperate with other units of government, pursuant to Section 29-20-105, C.R.S., for the purpose of planning or regulating the development of land, including, but not limited to, the joint exercise of planning, zoning, subdivision, building, and related regulations; and WHEREAS, in an effort to promote further cooperation between the District and other local governments in connection with the issuance of residential land development approvals, and in the mitigation of the impacts of such residential land development approvals on the District's ability to provide adequate school, the District has determined to adopt a uniform policy with respect to its recommendations to such local governments in the referral process; and WHEREAS, the District has determined that the mitigation of the impacts of such residential land development approvals should occur through the dedication of land for school sites, or the payment of funds in lieu of such dedication; and WHEREAS, the policy set forth within constitutes a reasonable and uniform method of ensuring that new residential construction and residential development bear a proportionate share of the cost of public school sites acquisition necessary to accommodate the educational service capacity demands of the residents who will be living in the new dwelling units; NOW, WHEREFORE, the Board of Education of Weld County School District RE -7 hereby results as follows: S I . Cooperation with Local Governments Encouraged. The ability of the District to provide adequate educational opportunities for its student population is dependent upon, among other matters, the availability of adequate land, or in the alternative the availability of funds to purchase adequate land. Since the approval of residential land development applications by local governments with territory within the boundaries of 'the District substantially impacts the District's ability to meet its obligations to the public, the District shall encourage and request that such local government entities refer to the District all residential land development applications for review and comments concerning the adequacy of public school sites and facilities. Further, the District shall encourage and request that such local government entities consider the District's comments in conjunction with the review and processing of each individual residential development application, and cooperate with the District in regard to the mitigation measures established in this Resolution. The District shall promptly review the referred development application and promptly submit its comments, recommendations and requests consistent with the policy set forth in this Resolution, to the appropriate local government. 2. Land Dedication Requirements. In connection with any pending or new application for residential land development to any local government with territory within the boundaries of the District, the District shall recommend and request that the following land dedication standards be imposed by such local government as a condition of development approval, except to the extent that the District, through its Superintendent or designee, has determined that the best interests of the District would be served by the payment of the fees set forth in paragraph 3 hereof, in lieu of such land dedication. Land shall be dedicated to the District in an amount equal to the greater of: (a) 10 percent of the total size of the approved development, or (b) calculated at the rate of two acres for every 1,000 new residents reasonably projected by the District for the development. 3. Fees in Lieu of Dedication. In the event the District, through its Superintendent or designee, determines that dedication of land is not in the best interests of the District, the District shall recommend and request that the following fees be paid in lieu of such land dedication, as a condition of approval of the development application by the local government. The fees shall be calculated as follows: (a) $750 for each new single-family residence; (b) S585 for each unit in a duplex or triplex; and (c) $420 for each unit in a multi -family structure other duplexes or triplexes. 4. In -Kind Contributions. The District shall he authorized to accept in -kind contributions in satisfaction of the requirements set forth in either paragraph 2 or 3 hereof, provided that such in -kind contributions represent a fair equivalent in terms of the value which would otherwise be realized under the policy set forth in such paragraphs. 5. Land Dedication Procedures. In the event that the District determines that land should be dedicated to the District, the District shall recommend and request that before recording the final plat for any development, that the local government require proof that the property owner has conveyed title to the District by general warranty deed, free and dear of all liens, encumbrances and exceptions (except those approved in writing by the 2 S District), including, without limitation, real property taxes, which shall be prorated to the date of the conveyance. The property owner shall also provide a title insurance commitment and policy in an amount equal to the fair market value of the dedicated property, 6. Fees in Lieu of Dedication Procedures. In the event that the District determines that fees should be paid in lieu of dedication of land, the District shall recommend and request that before recording the final plat for any development, that the local government require proof that the property owner has either paid in full to the District the applicable fee based on the total number of residential units proposed for the development, or alternatively, that an agreement has been signed between the District and a party in interest acceptable to the District which provides for a means of payment of such fees upon such terms and conditions as the parties may mutually agree upon. It shall be an acceptable method of payment, for purposes of such agreements, for the fees to be paid as building permits are issued. 6. Exemptions. The District has determined that the following types of residential development do not have an adverse effect on the District's ability to provide adequate educational facilities; accordingly they are exempt from land dedication requirements or fees to be paid in lieu of land dedication: (a) alteration or expansion or replacement of a residential dwelling unit not exceeding an increase of 1000 square feet over the existing dwelling; (b) assisted living facilities for the elderly; (c) construction of any building or structure intended for and used for limited terms stays, including by way of example and not by way of limitation, bed and breakfasts, hotels, family -care or group -care homes, boarding or rooming houses, nursing homes, hotels, motels or hospices; (d) construction of any non-residential building or structure; and (e) construction of any residential building or structure classified as housing for older persons, pursuant to the Federal Fair Housing Act then in effect 7. Use of Funds. The District shall hold or deposit in trust for public school sites all lands or funds it receives in connection with the application of the policy set forth in this Resolution. With respect to fonds received, the District shall use such funds solely for acquisition, development, or expansion of public school sites or for capital facilities planning, sites acquisition, or capital outlay purposes. The timing, nature, method and extent of such planning, acquisition, development or outlay shall be at the discretion of the District. 8. Accounting for Dedications or Fees. The District shall cause to be included within its annual audit a summary and description of the status of receipts of land or fees in lieu of land dedication, so that full disclosure of the District's activities with respect to such receipts may be made public. 9. Further Actions. The District hereby authorizes its Superintendent, and such other employees, agents or consultants of the District as the Superintendent shall so designate, to proceed to contact local government entities with territory located within the boundaries of the District in order to inform such entities of the District's adopted policy. 3 S Further, in order to ensure the long-term integrity of the policy set forth in this Resolution, such panics are authorized to proceed to negotiations with such entities directed towards achieving a formal written agreement with respect to the cooperation between such local governments and the District ADOPTED THIS L DAY OF Ma rrh , 2000 PLATTEVALLEY SCHOOL DISTRICT WELD COUNTY RE -7 By: President, Board of Education ATTEST By: Secretary, Board of Education 4 • ro COLORADO Weld County Referral Department OFFICE Urn. October 5, 2006 The Weld County Department of Planning Services has received the following item for review: Applicant Elaine Braswell Case Number RE -4546 Please Reply By November 2, 2006 Planner Hannah Hippely Project Two Lot Recorded Exemption Legal Lot A of RE -1820; Pt E2NW4 of Section 8, T4N, R64W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 48; approx. IA mile east of CR 51. For a more precise location, see legal. Parcel Number 1053 08 200043 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature Agency \D -ck-T\ Date +Weld County Planning Dept. +918 10'" Street Greeley, CO. 80631 4(970) 353-6100 ext.3540 ❖(970)304-6498 fax Applicant: Elaine Braswell Planner: Hannah Hippely Case:RE-4546 0.4 0 0.4 0.8 Miles N 5 ase Number. RE -4546 Applicant: Elaine Braswell Planner: Hannah Hippely Below is a list of the soils and their limitations according to the USDA, Weld County Soil Survey. Additional Comments loll Conservation District recommends that the applicant does an on site soils test prior to any construction. For a more compete 'suit the Weld County Soil Survey a contact our office at (970) 35&8097. If you or the applicant have any questions please feel O 0 0 Prime Farm Land (it 'moaned) Z Z Z Septic Tank Absorption FIe)ds Small Commercial Buildings c a, Cl, Dwellings Dwellings with without basements basements o C. y v rt, w c i c. W v, E 0 w I Shallow Excavations 'Severe 2. CIC 01 tiiy Soil Texture ITS Fine Sandy Loam Terry Fine Sandd_y_Loam Vona Loamy Sands m E co z 5 y o 62. ' o.$ N 7F.' ill 0 Produced by West Greeley Sol! Conservation District • • Road File #: RE#: 1. 2. Section WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-6497 Date: /D -uG' Other Case #: Applicant Name /(.7IYLA. C :.i?)1 L.1S}1/d. Address P ( ),(- Address or Location of Access Z5 `/Ol' VV(' lR y Township 0 Range (v ht Weld County Road #: Side of Road 5 Phone3O-5 •s77 -9O77 City L-11ii',re{'te, State( Zip <sO0 - 1<('./i3 )/ 0DS'O 6zi subdivision 'Al A Block N/t_ 3. Is there an existing access to the property? Yes 4. Proposed Use: D Permanent lEr Residential/Agricultural O Temporary ❑ Subdivision Lot Al f1 Distance from nearest intersection it n A. . No # of Accesses Ong O) D Industrial U Commercial ❑ Other 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential O&G = Oil & Gas D.R. = Ditch Road = House O = Shed A = Proposed Access A = Existing Access Ni OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Drainage Requirement Culvert Special Conditions Accidents Size Date Length O Installation Authorized U Information Insufficient Reviewed By: Title: -7- nue Iv COw I n w • v. ... ..o• .... ......... ..__ -etee2le WOWING 12,218 Weld County CO 1.1 2 1 10.00 0 21.11 a SuAl T.NR..ate 21k D.P. Warranty Deed TM WEN I a amveya n of 60 l5 emerald below. alai eey hew awl oiler pm po rcw (the �aO). p e1 war awlad Teals. Wow ea GRANTOR to the i)bmal6) The GRANTOR hery eW ad aware ptprearty m W MANISA a the GRANTOR win defii. WON, proporio. oat Tor (I)11h ao(Se MnInI May Men Ter It .p f MR.ded. Iamb 'meow= warm ern waale as rights-or. .ey Sea e( read 01 a peat taint.. ad was (4 ep ermedlal Naare a awe ail tewd (3) aaf' Pac rera+waaWrciein auSew dead (4 en adralNan — boat ear 'AdfsioalWarts Rapt'.nt awl (O awl a tHin and war tgsla ns *dile Teen a1F Data Gera: (Oho mreel r plv $ a rebse: if et epea at ..ter. b Mein le A: WS swim Immeal e yea. Meth sea a M e.nhme r a.l HARRIET L COX Gram taw age) Tee eaarid: awe et Sera ata ..earl Nei rer Dal ELAINE C. BRASWELL )//.3 P,a.W..J"7... re..9.. .. i L.. 2°S•53 Net ' e. KE110151/. DO -a4 ��.aFa.T+ea..r.. ra;.r. raee.w •:wr PLwdh•OawnNF Ofmese er dilacres a woad ben.) ae.q•er.se d leeaaalg epas Frady I 4Il.o (bail: oar a ail l Lot A of Recorded Eacan i00*. 1053.06.2-RE1i20 aecdrtingto nephN recorded' 24. 19%io Beek 151E M Reception No. 2473196 heiaa6L • petlapt Oft% 2VINW In of Eaten I. Township 4 Nail loop 64 West or the 6th P.M.. Weld Carty, Colptede. AND TOGETHER PITS 3.19 SHARES OF TEE FARMERS RESERWIR 6 IRRIGATION CO. Pinion am.. 21109' WC*41.41.HRSITY. COLORA 5D' W66e Caamldn*s (Tr..... aleonrea+O+$..a wee wawa aw aatY AP iAra a r p -and w Sea rate Wailed net km we Ai t. TWO HUNDRED TEN THOUSAND AND 0111100 Raterteta-Reatilellote' Ora asa= law any lea ea Ina A flaw Sc tee Sa.r.aa GeewNNa eahUGI'l dreg ram. ma..Ipe•e.aMam ee e:e .. SEE EXHIRIT "A" MACNER NER11D Addlbm. Yana 1.a,dlr Th a ea d ew lae rat a as ma Am Naal wen) eaenaa ER 27. 1979 leate. UK Corinna. w Sf -- Aria Wan NGearr. Corporaea. near9 or ANS or a STATECOUNTY COLORADO Tee n{ • Ry OP (HARRIET L WITNESS w eh worealm STATE OF 3 n 1 eTN 4604%.01031T. CO Nth cowl,: OP ,-. bate m 66 6N of The faepoirg -. -yam .� Dy flew aria GemaWa Ir Oar Is ralaMma preaaS9r Mat . Sat 'teem. yips r Relay: are pinipene W 'roue et mane snort it aemeeai re warm a Perfr or r .a.ea a Sorel', el aae.i.ls3 Spame Nr dear and * Unmet team w lhs is-597"14. of SEF1TMEER. 1999 Oreaer WnNFSi rey al and dfai. eel. My reaetre NEW= 01911 UPDATE LEGAL POEMS SI<LO NA 10.102.10.31 WE 2724218-1999.001 c Nary Pi ;WIC Ns. 201-I. RUU-ro-CUUo rrtl W•uc In I\Vn.n nna.n u.w.... e 1111111111111111131 0:23R Weld County CO 2 of 2R 1tNMs 0 2 Rat Taulteste Zof ZRIa.MDZS.MJR liRIRIT "A' Together with 200Ya eight 4B. &s end mineral rights now owned by armeors, spaciffielii on Lot A of RE1053-08-2-RE1Rb%, except rmaeing tm o Ilea Gr otto%tali waccesnore and amigos MO% of their proportional royalty interest sod imams from the production known as Cox PM CS -1 - Cox PM Ce-4-Cox PM CtYd - Cot PM Oa Said reservation shall under the tams of the lease is comtectim with the production specifically attributed to the existing was only. as such wells now exist and as the store may be reworked. • SKLD NA 10.102.10.31 WE 2724218-1999.002 1- • CERTIFICATE OF CONVEYANCES STATE OF COLORADO COUNTY OF WELD WELD COUNTY DEPARTMENT OF PLANNING SERVICES The North American TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION: Lot A of Recorded Exemption No. 1053-08-2-RE1820 according to the plat recorded January 24, 1996 in Book 1528 at Reception No. 2473196 being a portion of the E1/2 of the Northw 1/4 of Section 8, Township 4 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado. CONVEYANCES (if none appear, so state): Reception No. 1627951 r. ----Reception No. 1 7 38 51 4 `Reception No. 7L59LRR Book 1 51 5 Book 706 Book 817 Pleception No. 777/171R Book Reception No. Book Reception No. Book Reception No. Book Reception No. Book The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be constructed as an Abstract of Title nor an opinion of Title, nor a guarantee Title and the liability of North American Title COMPANY, is hereby limited to the fee paid forthis Certificate. In Witness whereof, North American Title COMPANY, has caused this certificate to be signed by its proper officer this 15th day of September , 20 06 , at 7:30 A.M. Company: North By: American Ti le Company Authorize 4 Author gn ature 771717777r II -T !11TT'''l` tl I I _ cools, 1??1621951 9 0O Doe. Fee $5.50 7Lcadsd._ _._ R.•>,ptlm Ins Ziti z 3Qthd made this year of or.r Lord one thzusand n:nc SIDi ul. Conn ,I ROIIF2T r:war.30N and ALMA E. Alt:` 50N Weld and State of Colorado. of the Jan1L4ry of the Best part, and iii 11 :'.l d the, Cornsy se -Pont -z cp anrf u_.,..... 7. tfr .Cb] Weld and State of Colorado, of sort second part: WITNESSETH: That the said row". 1 "e of the first part, for and in consideration of the sum d other good and valuable consid' ttione and T-0 DOLLAF.';, to the said parties of the first part in ha nl raid by the said parties of the second part the receipt whereof s hereby confessed and acknowledged, have :ranted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm un', the said parties of the second part. to pass not in tenancy in COMM“, but in joint tenancy, the survivor of them, tile's assigns and the heirs and assigns of such survivor forever, all the fc!, lowing described lot or parcel of lar , situate, lying and being in the County of Weld and State of Colorado, to -v'. The Northwest Quarter (h'W%) of Section Eight (8), Township Four (4) North, Range Sixty—four (64) Vest of the 6m P. N., together with improvements thereon; together with 26.89 shares of the capital stock of the Farmers Reservoir and Irrigation Company; together with all oil, gas and mineral rights. State Documentary Fee Dote JAN 8 19%4 c Srso TOGETHER with all and dngular tt, l ereditaments and appurtenaoc s thereunto belonging, or in any w appertaining, and the reversion and revers ..!. remainder and remain ers. rents. issues and profits thereof; asst all the estate, right, title, interest, claim ant demand whatsoever of the said part lee of the first part. either .n law or equity, of, in and to the above barn 'red premises. the hercditam:nts and appurtenances. TO HAVE AND TO HOLD the sale Ireenisea above bargained and described. with appurtenances, unto the said parties of the second part the survivor ,i them, their assitauspd the heirs and assigns of such survivor for- ever. And the said parties of the first pa', for themtwes, altkirs, executors, and administrators, do covenant, grant, bargain and agree to and •.;th the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such sat''iron, that at the time of tin ensealing and delivering of these preset's, they are well seized of the premises al."...conveyed• as of good, sure, perfect, absolute and Indefeasible est. e of inheritance, in law, in fee simple. and hay) good right, full power and lawful authority to grant bergs:,, sell and convey, the same in manner and fa n aforeuid, and that the same are free and clear from all former u d other grant., bargains, sales, liens. taxes, r ,:cements and incumbrances of whatever kind or nature sower: Sut to the general taxes fir ofbawmortgage to the Federal 1payable Subject Lard Bank of Wichita in the eta of $32,500.00 oxen. or to be executed by the grantees named herein; subject to oil and gas lease of record• and the above bargained premises In the quiet and peaceable possession of the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or to claim the whole or any part thereof. the said part in of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said put Self the first part hays hereunto act their hands a:.d pal the day and year first above written Signed, Sealed and Delivered in the l'nu:cc of #S?ThLt44,. 19.f. Pt1p\L.e Whom* Iliad Illy COMM lane w fast 'rag Instrument was acknowledge lore me this._. _'/. '. -. day of a N Off Nary MIL Cr, e e O WARRANTY DEED —To Joint Tenons —Tribune, Greeley, Colorado. • • 4? BOOK 817 Recorded Reception No. DEC 1 2 1977 A,,7a ecaee M. 1738514 MARY ANN FEUERSTEIN Recorder. r_r ` I11I5 !Pe11, Made this 12th day of year of our Lard one thousand nine hundred and seventy-seven between Robert R. Anderson and Aire E. Anderson, husband and wife December in the of the Totsn of Windsor County of Weld lust put, and Ernest E. Cox and Harriet L. Cox :..'.-eJ Lou., -y ncoA `rt` of the Tom of Kersey Coety of Weld and State of Colorado, of the ard State of Colorado, art the second part: WITNESSETH: That the sail parties of the first pad, for and in consideration of the sum of Valuable consideration and Five Hundred and no/163 DOLLARS. to the said patties of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha ye granted bargained. sold and conveyed, and by these presents do grant, bargain. set, convey and confirm unto the said parties of the second part, to pass not in tenancy in common ben In joint tenancy. the sunter of them, their assigns and the heirs and assigns of such ssetitot forever. MI the fol- lowing described lot or parcel of land, situate, lying and being in the County of Weld and State of Colorado, to -wit: The Northwest :neater (I7;-_) of Section Eight (3) Township Four (4) North, Range Si-ety-four (61) hest of the 5th :7..14. together with all "rater, water rights and wells and ?urps appurtenant thereto anti 26.89 shares of Farmers Reservoir and irricatinn Co. Seller retains one-half of all mineral rights currently held by seller. Also Kr kn As 25404 Weld County Road 4a, Kersey, Colorado 80644 TOGETHER with all and ;jinni= the hcn6taments and appurtenances thereunto belonging. or in any wise appertaining. and the reversinn and reversions. remainder and remainder,. rents. issues and profits thereof: and aR the estate. right, title, interest. claim and demand whatsoever of the said part ies of the first part, either in law or equity, of, in and a, the above bargained premises, the bereditamcnt, and appurernanee,. TO HAVE AND TO HOLD the said premises above bargained and described, with appurtenances, unto the said parties of the second part, the sinv"nor of them, their assignsy d. a heirs and assigns of inch survivor for- ever. bud the said paroles of the first part, ::emselVes, /heirs, l<secutors. and admfn`etraton, do covenant, grant. bargain and agree to and with the said parties of the second part. the survivor of them, their assigns and the heirs and assigns of troth servitor, that at the time of the ensealing and delivering of these present,. they are wen seized of the premises above conveyed, as of good, sure. perfect absolute and indefeasible estate of "nheritaace, c law, in fee simple, and have good right, full power and turfy! authority to grant bargain. self and convey, the same ie manner and form aforesaid, and that the same are fret and clear from all Loan and other grant. . bargains, mks. liens. taxes, assessments and inambrancea of whatever kind or nature sneer: except 1977 real property taxes due and payable in 1978, and easements, restrictions, reservations, rights -of -way and covenants of record; and subject to first deed of trust payable to the Federal Land Sank of Wichita, Kansas which grantors agree to pay. ,ed the above bargained premises Sr. the quiet and peaceable possession of the said parties or the second net, the survivor of them, their assigns and the helm and assigns of such survivor. against all and every person or persons lawfully ciami�g or to claim the whole or any pars thereof, the said parties of the first pan shall and will WARRANT AND FOREVER DEFEND. IN WITi4ESS WHEREOF, the said partiescf the Ent part have hereunto secheir hand p and seals the day and year first wave written. Signed. Sealed and Delivered in the Presence of Stole Documentary Feb Dale act 121977 s_17. SO (SEAL) husband (SEAL) ,, E. MIDERSC4, hail' (SEAL) STATE OF COLORADO. _ The foregoing Instrument was acknowledged before me this l2fn day of Ceaa)r,gly ell t".'iCRhf iDecember lg.77 br Robert R. Anderson err! t'c, ..-.....-..._??6,-"..' Alt E. Anderson, who declare_therselves to be husband and e o,7t ARY W O ' a.0 '.hvrs My Hand and Official Sedr .,,...,..:.ns dt expitb'11. 131a My - :pirn EW' aper Yr /3a,,,, -2r,74 PUDT.`f VJARRAN�ynDZEV≥ To Joint Tenants lfoary Putt SKLD NA 10.102.7.57 WE 1738514-1977.001 • Afi24594dtl rd. 2459488 B-1515 P-427 10/13/95 03:06P T 1 OF 1 po Weld County CO Clerk & Recorder it n O a 3 O n 0 REC DOC 6.00 it Quit CluinnfDeedy Q THIS DEED is a conveyance from the individual(s), corporation(s) or other entityliesl named below as GRANTOR to the individuals) or entity(ies) named below as GRANTEE of whatever interest the GRANTOR may have in the real property described below. The GRANTOR hereby sells and quit claims to the GRANTEE the real property described below with all its appurtenances The specific terms of this deed are: Gnn1or. (Glee name(s) and poea(l0 of residence; If the spouse of Ow ownehglenlor is Mining in this Deed to release homestead riche. identity grantors u husband end wile.) Granite: Harriet L. Cox 25404 Weld Co. Rd. 48 Kersey, CO 80644 (Give names) and eddrealea). statement of eddies.. Including available roes or Street number, is required. ) Harriet L. Cox 25404 Weld Co. Rd. 48 Kersey, CO 80644 Form of Co -Ownership: ill there are Iwo or more grantees named, Ihsy will be considered to legs es tenants in common unless the words in pint tenancy- or words of the same meaning are added in the space below.) Properly Description: (Include county end slate) E-1/2NW-1/4, Section 8, Township 4 North, Range 64 West of the 6th P.M., Weld County, CO Property Address Reservations -Restrictions: (tl IM GRANTOR Intends to reserve any Interest in the properly or to convey leas than he owns. or it The GRANTOR is restricting the GRANTEE'S rights In the properly. maim appropriate Indication I .hosed by the Grantor on r / 19 1 1 Ms lassorocCerperalen. as nevoid. Or Macadam: , Signelure Clwree el IjaQst: Name al Grantor Corporate°. Partnership or Association By By Attest STATE OF COLORADO COUNTY OF The foregoing n ,Wn.nt was samaras ;LIGr SS arriet L. Cox Grantor Grantor WWII me th4 J) Lit day of WITNESS my hand and olliael seal. My commission aspires'. SS. wedged MIon me this Grantor day of 19 Memo. is Corporaaon. Parmeranrpw Ataoonbon. mm ranoly droners al president or race staaram and secretaryor sewn. or as parmnttl of wrineranrp. Or e. aumorrasd membatln of assot;al'on I Notary Public • 1151 UPDATE LEGAL FORMS P O Des ISIS - OreeNy. Colorado 80139 130313581199 SKLD NA 10.102.7.57 WE 2459488-1995.001 NO 203 • 2724218 10/04/1889 10:23A Mold County CO 1 of 2 R 10.00 0 21.00 JA Suitt Tsukamotn 2-j k Warranty Deed THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the 'property') from the individual(s), corporation(s), partnership(s), or other entity(ies) named below as GRANTOR to the individual(s) or entity(ies) named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property, except for (1) the lien of the general property taxes for the year of this deed, which the GRANTEE wall pay (2) any easements and rights -of - way shown of record (3) any patent reservations and exceptions (4) any outstanding mineral interests shown of record (5) any protective covenants and restrictions shown of record (6) any additional matters shown below under 'Additional Warranty Exceptions', and (7) subject to building and zoning regulations. D.F. 821-.00' The Grantor: Terms o)and Deed -Ate: Grantor: (Give name(a) and place(r) of residence, if the spouse of the owner -grantor is pining in this Deed nn release homestead rights. identify gonna as husband and wife.) HARRIET L. COX Grantee: (Give smno(s) and addnas(a): statement of addms, bcluding available road or sure number.) ELAINE C. BRA/SWELL 1.//3 P,.u,a6)-waz' ice-. r C.' 20503 Form of Co Ownership: (If there are two or more grantees named, they will be considered to take as tenants in common unless the words 'in joint tenancy' or words of the same meaning are added in the apace below.) Property Description (Include roomy and sue) Lot A of Recorded Exemption No. 1053-08-2-RE1820 according to the plat recorded January 24, 1996 in Book 1528 as Reception No. 2473196 being a portion of the E12NW 1/4 of Section 8, Township 4 North, Range 64 West of the 6th P.M., Weld County, Colorado. AND TOGETHER WITH 3.89 SHARES OF THE FARMERS RESERVOIR & IRRIGATION CO. Property Addim: 25404- WCR 48 KERSEY, COLORADO 80644 - Consideration: (The tau ement of a dollar amount is optional, adequate consideration for this deed will be presumed unless this conveyance is identified as a gift. In any roe the conveyance h absolute, find and urconNuonal.) TWO HUNDRED TEN THOUSAND AND 00/100 Reservations -Restrictions: (If the GRANTOR intends to rserve any interest in the property or to convey less am is owned, or if the GRANTOR n restricting the GRANTEE'S right in dot property, make appropriate indication.) SEE EXHIBIT t'A" ATTACHED HERETO Additional Warranty Exceptions: (Include doh of cost being assumed and other natters not covered above.) Executed by the Grantor on SEPTEMBER 27, 1999 Signature for Corporation, Partoenbip or Asmdadom , Signature for tndirldud(s) Name of Grantor: Corporation, Parmrship or Association By By Attest: STATE OF COLORADO COUNTY OF The foregoing inserts Bye HARRIET L. WITNESS my My commission STATE OF COUNTY OF 1 /a ' ... •' PO 3 as The foregoing ins 1i. f Q % ged before me this day of Bye (•name individual Grantor(s) or if Grantor is Corporation. Partnership or Association. then identify signers as president or vice president and secretary or assistant secretary of orporaiiea or as panes(+) of partnership: or as authorized member(s) of association) WELD L. COX `"' Grantor Grater sa G ledged before me this Not day of SEPTEMBER 1999 C I it) J(—te li Neotart' ary Public 1221 8TH AVENUE, GREEIFY, CO 80631 Grantor WITNESS my hand and official seal. My commission expires: O 1981 UPDATE LEGAL FORMS SKLD NA 10.102.7.57 WE 2724218-1999.001 Notary Public WCTC No. 201-L • • 1111111111111111111111111111111111101111111111111 I I t 2 of 2 R 10.00 0 21.00 JR Sukl Tsukamele EXHIBIT "A" Together with 100% of all oil, gas and mineral rights now owned by Grantors, specifically on Lot A of RE1053-08-2-RE1S20, except reserving unto the Grantors, their successors and assigns 100% of their proportional royalty interest and income from the production of the existing wells known as Cox PM C8-1 - Cox PM C8-4 - Cox PM C8 -S - Cox PM CS -6. Said reservation shall be under the terms of the lease in connection with the production specifically attributed to the existing wells only, as such wells now exist and as the same may be reworked. SKLD NA 10.102.7.57 WE 2724218-1999.002 CENTRAL WELD COUNTY WATER DISTRICT September 20. 2006 Maine Braswell 25404 \Veld Co. Rd. 48 Kersey, CO 80644 RI : Additional Water Service Dear Ms. Braswell: Ibis letter is in response to a request Ibr water service to serve the following property described as follows: Lot A as part of the I 'to NW H or Section 8, Township nship 4 north. Range 64 West of the 6`I, I'.M.. \\ eld County. Colorado. \\ater service is presently available to the above described property by tap number #2002 located at \\ Co. Rd. 48 between 51 K 53. Additional water service can be made available to this property, prosided all requirements of Central Weld County Water District. Northern Colorado Water Conservancy District and the Bureau are satisfied. Please note that You are responsible Ior confirming than this property has net the requirements of Northern Colorado Water Conservancy District and the Bureau. Central Weld cannot issue a tap until all requirements are satisfied. Central Weld Count\ Water District requires that contracts be consummated \\ithin one ( I ) tear loom the date of this letter or this letter shall become null and oid unless extended in w itim_ H the District. Please contact the Central Weld ollice for further information about water service. Due to the rapid cost increase of rave water, existing tap lees may not apply for water service to this property. the District will not notify, by separate letter_ any prospective landowners or land purchasers of tap fee or line extension cost increases. The cost of a tap tee and or improvements will have to he paid in advance to the District H the prospective customer in accordance with District policy. It is your responsibility to contirn with your local Fire Protection Authority if tire Ilow water capacitt is required for your project. If you have any questions regarding the above. please contact this ollice. Sincerely. CENTRAL WVELI) COD 'I'l' �\ ATEIt DISTRICT '235 2nd Avenue • Greeley. Colorado 80631 • Phone (970) 352-1284 • 1. ax (970) 353-5865 John W. /adel. General Manager MELD COUNTY HEATH DEPAR' -� ENt)IRoft1nrrAL PROTEcrtoN- ICES 1517 16th Avenue Court Greeley. Colorado 00631 (303)353-0635 OWNER OF RECORD: // MAILING ADDRESS: 7�� l %�C�� %J��► � n & State �l�lo CZip 42 SITE ADDRESS: 451,04/ /.t�C�ig � �J� �D� ity l State Zip LEGAL DESCRIPTION: PT1O PT: SUBDIVISION: /J �y NUMBER OF PEOPLE: , BATHROOMS:.4�� LOT SIZE: /e l/ 'z i4i BEDROOMS: `7 —t— r COMMERCIAL BASEMENT PLUMBING: Yes Qt___)WATER SUPPLY:�ilnfa-P Tank is constructed of "gm and has 424/9 gallons capacity (material) FIELD: Bed sq. ft. or Trench sq. ft. DATE SYSTEM INSTALLED: /941 SECTION: 7 TOWNSHIP:,4" RANGE: LOT: BLOCK:_ FILING: RESIDENTIAL SYSTEM SIZE: tatid ryrfe th Department Sage 959/3? WAN s ISMS s O 1'o -9c REPAIR PER4c.r f STATEMENT OF EXISTING FOR SEPTIC SYSTEM (PLEASE FILL OUT IN BLACK INK ONLY) aJr ri)" X Are PHONE: Yon are required to draw a diagram of the system on the reverse side of this form in black ink on and indicate location. length. width. and distance from the dwelling. The undersigned property owner hereby certifies that the above described septic system is in fact installed. as described. and exists at this time on the parcel of ground identified by the above legal description and further states that the system is in good working order and to the best of his/her knowledge is not failing to function properly. I further understand that any falsificationthe or misrepresey suion bmitted may and result na leregal cation. ation of any permit granted based upon for perjury as provided by law. in - Date Owner SubEcribedend sworn to fore ee)me this ( by L/(Z11.Y1i. 2 ap Witness my hand and official seal. d day of B inn) . 199y. My cc msissioon ins:: (1_1 —"Len -1 err /AibsA ml • • If a well is proposed as the source of water for the proposed lot(s), the applicant should be aware the quantity of water available for usage may be limited to specific uses, i.e, domestic use only, etc. Because each situation is unique, DPS encourages the applicant to contact the Office of the State Engineer, Division of Water Resources, to discuss your individual situation. The applicant should also be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. If the proposed access is via a state highway the applicant shall contact the Colorado Department of Transportation regarding the access permit(s). Additional Information is available on request (DETACH, SIGN AND SUBMIT IF APPLICABLE) ACREAGE WAIVER FORM (If including more land than required) E I have been informed by the Weld County Planning Department that the Recorded Exemption process requires inclusion of acres. I am aware that the inclusion of the entire acre parcel into this Recorded Exemption is not necessary at this time. I understand that by including the entire acre parcel into this Recorded Exemption, rather then doing a Recorded Exemption on the acre parcel, I waive my opportunity to further divide my property without utilizing the Recorded Exemption process. ❑ I have been informed that I am eligible to apply for a Subdivison Exemption in conjunction with this Recorded Exemption. I waive my opportunity to obtain an additional lot utilizing the Subdivision Exemption process. ❑ I have been informed by the Weld County Planning Department that the Recorded Exemption process allows for a total of four lots. I am aware that this Recorded Exemption is for three lots and that by not including the fourth lot. I waive my opportunity to create additional lots until such time that I may by eligible again to further divide my property by utilizing the Recorded Exemption process per Section 24-8-20.C.2 of the Weld County Code. Signatures of all fee owners of property must sign this application or if an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included showing the signatory has to legal authority to sign for the corporation. Signature: Owner or Authorized Agent Date re: Owner or Authorized Agent Date The foregoing instrument was subscribed and sworn to e this day WITNESS my hand and official seal. My Commission Expires: Notary -3- Hello