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RESOLUTION
RE: DENIAL OF CONDITIONAL USE PERMIT NO. 39: 78 : 8 FOR A SINGLE
FAMILY RESIDENCE ON A TRACT OF LAND LOCATED IN PART OF
SECTIONS 5, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH P.M. ,
WELD COUNTY, COLORADO - TOM TROSTEL
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado held a public hearing on the 3rd day of January, 1979
at the hour of 9: 00 o'clock a.m. for the purpose of hearing the
applicationlof Tom Trostel for a Conditional Use Permit for a
single family residence on the following described real estate,
to-wit: I
A tract of land in the Southwest Quarter of Section 5,
Township 3 North, Range 68 West of the 6th P.M. , in
Weed County, Colorado and being more particularly
described as follows:
Beginning at the West Quarter corner of said Section
5,', thence South along the West line of said Section 5,
1113.15 feet, thence South 89°52'15" East, 334.49 feet
tol a point on the approximate centerline of the Supply
Ditch, thence along said approximate centerline of said
Supply Ditch the following courses and distances:
South 17°19'20" Fast, 182.98 feet;
South 31°39'18" East, 514.70 feet;
South 86°31'16" East, 192.33 feet to a point of inter-
section of the aforementioned Supply Ditch and a large
eroded drainage ditch (Holmes Draw) haring NortheastPrly,
thence along the approximate centerline of said drainage
ditch the following courses and distances:
North 68°15'57" West, 116.47 feet;
North 17°42'54" West, 94.05 feet;
North 43°56'24" East, 332.20 feet;
North 14°48'43" West, 100.55 feet;
North 31°10'34" East, 364.12 feet;
North 61°19'49" East, 73.94 feet;
thence North, 922.73 feet to a point on the North line of
the aforementioned Southwest Quarter, Section 5; thence
South 89°58'34" West, 1172.43 feet to the Point of Begin-
ning; thus described tract containing 35.000 acres.
WHEREAS, the petitioner was present, and
WHEREAS, evidence was presented in support of the granting
of the Conditional Use Permit for a single family residence, and
WHEREAS, Section 3. 3.D. of the Weld County Zoning Resolution
authorizes such a use in an Agricultural District on the granting
of a Conditional Use Permit by the Board of County Commissioners,
and
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7dwstd ,/ /1",e4;// quo
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WHEREAS, the Board of County Commissioners of Weld County,
Colorado heard all of the testimony and statements of those pre-
sent, has studied the request of the petitioner and the recom-
mendations of the Weld County Planning Commission and all of the
exhibits anal evidence presented in this matter, and finds that
the request !for a Conditional Use Permit for a single family
residence on the hereinabove described real estate does not com-
ply with alllof the conditions as set out in Section 3. 3.D (2) of
the Weld County Zoning Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the application of Tom
Trostel for a Conditional Use Permit for a single family residence
on the hereinabove described tract-of- land be, and hereby is ,
denied.
BE IT FURTHER RESOLVED by the Board of County Commissioners
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of Weld -County, Colorado, that the reasons for denial contained •
in the Weld County Planning Commission Recommendations dated
December 19, ' 1978 be, and hereby are, incorporated as the findings
of fact of the Board of County Commissioners in this matter.
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The above and foregoing Resolution was , on motion duly made
and seconded'y adopted by the following vote on the 3rd day of
January, A.DL , 1979.
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
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ATTEST: '41111
Weld County Clerk and_ Recorder
erk to the Bo r
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APP VED AS TO FORM:
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County ttorney
DATE PRESENTED: JANUARY 8, 1979
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The Weld County Planning Commission held a scheduled meeting on
December 19, 1978, at 1 : 30 p .m. in the Weld County Centennial Center
County Commissioners Hearing Room, first floor, 915 10th Street ,
Greeley, Colorado.
Roll Call was as follows :
Chuck Carlson Present
Jerry Kiefer Present
Ben Nix Present
Jim Gilbert Present
Fred Otis ' Present
Bette Kountz Present
Percy Hiatt Absent
Irma White Absent
Frank Suckla Absent
Also present were : Tom Honn, Zoning Administrator
Chuck Cunliffe , Assistant Zoning Administrator
Vickie Traxler, Assistant Zoning Administrator
Russ Anson, Assistant County Attorney
As a quorum was 'present , the meeting proceeded as scheduled. The
minutes of the November 21, 1978, meeting were approved unanimously.
Tom Honn then read a letter from Sharon Camblin, Chairman of the
Local Land Use Study of The League of Women Voters inviting the
Planning Commission to attend a public forum on comprehensive planning
and economic development on January 11, 1978 , at 7:30 p .m. at Our -
Savior ' s Luthern Church.
APPLICANT: Charles Ryberg
CASE NUMBER: Z=314 :78 : 19
LEGAL DESCRIPTION: Pt . SE*, Section 24 , T1N, R66W
LOCATION: 17343 Weld County. Road 6, approximately 1 mile north and
1/8 mile west of the Town of Lochbuie
SUBJECT: Chang of Zone from "A" Agricultural Zone District to "C"
Commercial Zone District
APPEARANCE: Charles Ryberg and Larry Littlefield, Attorney
DISCUSSION: Mr. Ryberg is requesting this change of zone on three
acres of property so that he can store his house moving equipment on
it . He wishes to do this so that he vehicles will not be vandalized if
they are stored 'elsewhere. There will be approximately three to four
vehicles daily entering the property and two to three leaving it .
As part of Mr. Ryberg' s presentation, Larry Littlefield used anethod
of "direct examination" of his client to present his reasons for
requesting the change of zone . Discussion followed. Chuck Cunliffe
then read the staff ' s recommendation for denial of the application .
Chairman Carlson then asked if there were any persons in the audience
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who wished to voice their opinion regarding this application . At this
time , Mark Brow , surrounding property owner , stated he was against
commercial zoning in this area as did Carol Hoff . Mr . Richard Denison
also stated that he was opposed to having trucks parked there .
Discussion again followed.
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Planning Commission Minutes
Page 2
December 19, 1978
MOTION: Be it therefore resolved, to deny the application based on the
staff ' s recommendation to the Board of County Commissioners. Motion
by Fred Otis, seconded by Jim Gilbert . A vote of "aye" was cast by
Jerry Kiefer, Ben Nix, Jim Gilbert , Fred Otis, and Bette Kountz. A
vote of "no" was cast by Chuck Carlson . Motion carried.
APPLICANT: Tom Trostel
CASE NUMBER: CUP-39 : 78 :8
LEGAL DESCRIPTION: Pt . SWa, Section 5 , T3N, R.68W
LOCATION: Approximately 1Z miles north of Mead
SUBJECT: Single Family Residence
APPEARANCE: Tom Trostel
DISCUSSION: Mr! Trostel would like to build a single family residence
on a parcel of dryland located above the ditch in an-.area::where there
is dryland_ to the westAnd south. All the ground below the ditch
which is irrigated land will be farmed with some livestock. Mr. Trostel
purchased this property with the assumption that he could build a home
on it . There being no questions at this time , Chuck Cunliffe read the
staff ' s recommendation for denial of the request . Mr. Trostel then
commented that this is not a request to split land as it will probably
be farmed anyway. Chuck Cunliffe then explained the history of this
particular parcel of land and why it exists as it now does. Some
discussion followed.
MOTION: Be it therefore resolved to recommend denial to the Board of
County Commissioners based on the staff 's recommendation . Motion by
Jim Gilbert , seconded by Ben Nix. A vote of "aye" was cast by Chuck
Carlson, Jerry Kiefer, Ben Nix, Jim Gilbert and Bette Kountz. A vote
of "no" was cast by Fred Otis . Motion carried.
APPLICANT: David Shoemaker
CASE NUMBER: SUP-376 : 78:28 -
LEGAL DESCRIPTION: Pt . SW* NWq, Section 4 , T5N, R64W
LOCATION: 29347 Colorado Highway 37, approximately 2a miles north of
the Town of Kersey
SUBJECT: Boarding Kennel and Veterinary Clinic
APPEARANCE : David Shoemaker and Joe Ramey
DISCUSSION: Mr. Shoemaker stated that the dog kennel will consist of
20 large dog runs within. indoor and outdoor areas, seven small runs
also having indoor and outdoor areas, a reception-waiting room and an
office-food preparation room. The kennel will be operated between
7 :00 a.m. and 600 p .m. with all boarding• dogs inside the kennel building.
• A septic tank system will be utilized for odors . Mr . Shoemaker is also
proposing to build a 6 foot high fence around the proposed area to prevent
stray dogs from trying to come into the area. There being no questions
at this time, Chuck Cunliffe read the staff ' s recommendation for approval
of the request and the Development Standards , Jim Gilbert then asked
why the Planning Staff feels this use promotes the agricultural economy
and maintains and enhances the quality of life for people in this area
that they presently have. Chuck Cunliffe stated that -as further stated
in the staff ' s recommendation, it will utilize non-productive rural
land and water surpluses will be encouraged, particularly where productive
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Planning Commission Minutes
Page 3
December 19, 1978
irrigated farm land can be preserved, which would enhance the agri-
cultural economy. Joe Ramey stated that since Mr. Shoemaker is a
veterinarian, it would enhance the need for the people in the area.
Chairman Carlson then asked for comments from the audience . At this
time, Charles Achiziger stated that he was opposed to this proposal
and does not see how this could be of any benefit to the neighborhood
because he feels an operation of this nature would attract other
stray dogs into !the area and there is also a problem with the dogs
barking. Carroll Flack, Jim Whitmore, Gladys Pfeif and Charles
Achziger, Sr. allso expressed their opposition because of stray dogs,
barking, and not being compatible with the area. Discussion
followed.
MOTION: Be it therefore resolved to recommend denial because it is
not compatible to the existing neighborhood. Motion by Jim Gilbert ,
seconded by Ben ':Nix. A vote of "aye" was cast by Chuck Carlson,
Jerry Kiefer, Ben Nix, Jim Gilbert , Fred Otis, and Bette Kountz.
Motion carried. i
APPLICANT: Warren Ruger •
CASE NUMBER: Z-X316 :78 :20
LEGAL DESCRIPTION: Pt . Si, Section 31, T1N, R66W
LOCATION: 181 Weld County Road 27, Brighton
SUBJECT: Change' of Zone from "A" Agricultural Zone District to
"C" Commercial Zone District
APPEARANCE: Bill McMurray
DISCUSSION: Mr ' Huger presently has an auto repair garage on his
property which he has been operating from for the past years . Mr .
Ruger was not aware that this must be zoned Commercial during this
time . Chuck Cunliffe then read the staff ' s recommendation for approval
of the request . , Discussion followed regarding where the proposal is
located from the county line.
MOTION: Be it therefore resolved to recommend approval based on the
staff ' s recommendation to the Board of County Commissioners . Motion
by Ben Nix, seconded by Bette Kountz. A vote of "aye" was cast by
Chuck Carlson , Jerry Kiefer, Ben Nix, Jim Gilbert , Fred Otis , and
Bette Kountz. Motion carried.
ADOPTION OF THE WELD COUNTY HOUSING PLAN - The Weld County Housing Plan
was presented to the Weld County Planning Commission by Thom Rounds on
November 21, 1978. It was not adopted at that time . Mr . Rounds at
this time briefly reviewed the Housing Plan with the members of the
Planning Commission. Mr. Otis commented that he has not been persuaded
as to the need for the document . Discussion then followed regarding how
the Plan can help in decisions regarding zoning and subdivisions and
an aid in obtaining allocation of private resources concerned with
housing. Mr. Gilbert also stated how advantageous the Plan can be in
regard to the responsibility of the county and the community to see
that all citizens have adequate housing.
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Planning• Commission Minutes -
Page 4
December 19+ 1978
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MOTION: Be it therefore resolved to recommend approval to the Board of
County Commissioners . Motion by Ben Nix, seconded by Jerry Kiefer. A
vote of "aye" was cast by Chuck Carlson , Jerry Kiefer, Ben Nix, Jim
Gilbert and Bette K_ountz, Fred Otis cast a vote of "no" . Motion carried.
PROPOSED AMENDMENT TO THE WELD COUNTY ZONING RESOLUTION AND SUBDIVISION
REGULATIONS FOR THE PRUPOSE OF CONSIDERING REVISIONS TO THE FEES CHARGED
FOR PERMITS REQUIRED IN THE WELD COUNTY ZONING RESOLUTION AND THE WELD
COUNTY SUBDIVISION REGULATIONS .
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FURTHER, CONSIDERATION WILL BE GIVEN TO REPEALING ALL SECTIONS IN THE
WELD COUNTY ZONING RESOLUTION AND THE WELD COUNTY SUBDIVISION REGULATIONS
REFERENCING THE PERMIT RATE STRUCTURE AND CONSIDER ADOPTING THE NEW FEE
STRUCUTRE BY RESOLUTION OF THE BOARD -OF COUNTY COMMISSIONERS . MORE -
SPECIFICALLY, CONSIDERATION WILL BE GIVEN TO REPEALING THE FOLLOWING
SECTIONS OF THE WELD COUNTY ZONING RESOLUTION:
1. ' Section 3 . 3D. and 3. k. ,
2. Section 3 . 3E . 3 . j . ,
3. Section 6 . 1(2) 11. B, 9. ,
4. Section 6 . 1(3) B. ,
5. Section 8 . 2(3) , and
6 . Section 9 . 2(5)
ADDITIONALLY, CONSIDERATION WILL BE GIVEN TO DELETING THE LAST PAGE- OF
THE WELD COUNTY SUBDIVISION REGULATIONS WHICH INLCUDES THE FEES FOR
PERMITS REQUIRED' THEREIN.
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Ken McWilliams, Senior Planner, stated that this is a study to update
the fees chargedlfor permits in the7,oning and Subdivision Regulations .
This study was done jointly by the Finance Department (Don Warden and
Scott Goering) and the Planning Department . The study was done in
response to a request by the Board of County Commissioners during the
budget process. ' The intent is to try to recoup more of the
administrative costs incurred by the Planning Staff . The Finance
Department did al survey of the other jurisdictions in the area including
both cities and counties and estimated the indirect costs . Together
the two departments developed the recommended fees . Mr . McWilliams
stated that several things should be taken into consideration regarding
this proposal, these being that the fees should not be for profit , they
should be affordable , they should not act as a land use control, and
there should be a balance between how much should be borne by the
applicant versus the general public. Discussion followed regarding
how the fees were arrived at . Jim Gilbert stated that he does not feel
fees should be charged at all for permit , especially regarding Special
Use Permits. Mr). Gilbert made a motion to eliminate all fees pertaining
to Planning Department procedures . He also made a motion to table it
until the next regular meeting. Both motions died due to the lack of
a second.
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Planning Commission Minutes
Page 5
December 19, 1978
There was considerable discussion about deleting the fees from the
resolution and regulations and instead adopting them by resolution of
the Board of County Commissioners , The Planning Commission members
were concerned about any fee•.:changes going through the public hearing
process . Therefore, the following recommendation was made to the Board
of County Commissioners.
MOTION: Be it therefore resolved to adopt the fees as recommended in
the study done by the Planning Department and the Finance Department .
Motion by Jerry Kiefer, seconded by Ben Nix. A vote of "aye" was cast
by Chuck Carlson , Jerry Kiefer, Ben Nix, Fred Otis, and Bette- Kountz.
Jim Gilbert cast a vote of "no" .
MOTION: Be it therefore resolved to delete any sections in the Zoning
Resolution and_:Subdivision. Regulations that pertain to listing -of -the
fees and to instead establish those by resolution of the Board of
County Commissioners in conjunction with the hearing process that would
consist of a 10Iday public notice before the Planning Commission hearing
and a 30 day public notice prior to the Board of County Commissioners
hearing. Motion by Jerry Kiefer , seconded by Bette Koutnz. A vote of
"aye" was cast by Chuck Carlson , Jerry Kiefer, Ben Nix, Fred Otis , and
Bette Kountz. A vote of "no" was cast by Jim Gilbert . Motion carried.
At this time nominations were held to appoint a new Chairman and a new
Vice-Chairman . IJim Gilbert nominated Jerry Kiefer, but Mr. Kiefer
asked that the motion by withdrawn as he now has added responsibilities
at the college and declined. Mr. Gilbert then withdrew his nomination .
Ben Nix then nominated Chuck Carlson to serve again . The motion was
seconded by Bette Kountz. A unanimous vote of "aye" was cast by -Jerry
Kiefer, Ben Nix) Jim Gilbert , Fred Otis , and Bette Kountz . Chuck Carlson
cast an abstention vote . - -
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Nominations were then held for Vice-Chairman . Jim Gilbert nominated Ben
Nix. Mr. Nix declined the nomination as he does not wish to be
re-appointed as a member of the Planning Commission. Mr . Gilbert withdrew
his nomination. I Mr, Nix then nominated Jerry Kiefer. The -nomination
was unanimous by aclamation.
There being no further business , the meeting was adjourned.
Respectfully submitted,
Shirley A. Phillips
Planning Commission Secretary
BEFORE THE ZLD COUNTY, COLORADO PLANNING C 'IISSION
RESOLUTION OF 'RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Case No. CUP # 39 : 78 :8 Date 12/19/78
APPLICATION OF Tom Trostel
ADDRESS 9885 Weld County Road 11, Longmont , Colorado 80501
Moved by Jim Gilbert that the following resolution be introduced
for passage by the Weld County Planning Commission:
Be it Resolved by the Weld County Planning Commission that the
application for Single Family Residence
covering the following described property in Weld County,
Colorado, to-wit:
See attached
be recommended (f. X ) (unfavorably) to the Board of County
Commissioners for the following reasons:
It is the opinion of the Planning Commission that this request is not
consistent with Sections 3 . 3 . A, and 3 . 3 .D. 2 . and 3 . of the Weld
County Zoning Resolution ,
Section 3 . 3 ,A. states :
"Intent - The intent in establishing the A-Agricultural Zone
District is to allow all agricultural related uses in those
areas in which agriculture is and should continue to be the
Motion seconded by Ben Jix _ _��----•--
Vote: For Passage Crud Car i son __ Against Passage Fred_Otis
Bette Kountz
Jexry Ei eier
Ben Nix
Jim Gilbert
The Chairman declared the Resolution passed and ordered that a certified copy
be forwarded with the file of this case to the Board of County Commissioners
for further proceedings.
LEGAL DESCRIPTION -. •,. .u!-::
.. sari --6 the Stn r.'-:. , in Weld County,
_ 0 iv,1/4 Y
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1a . 55 - •_ _ , .. - , _ � :'".-
t-i.erc , - - . •
then P .r C.
3S.00O acres
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Tom Trostel
CUP-39 : 78 : 8
PLANNING COMMISSION RECOMMENDATION
December 19, 1978
predominant land use . This district is intended to
discourage agricultural uses as the highest and best
use of the land in the district as compared with other
uses in conflict therewith, and to provide for the
orderly expansion of urban growth in conformance with
the WeldiCounty Comprehensive Plan, "
Additionally, Sections 3 . 3 ,D. 2 . and 3 . states :
"The Planning Commission and the Board of County
Commissioners shall consider the following in making
their determination in approving or dehying a
conditional use permit : Compatibility with the
surrounding area, harmony with the character of the
neighborhood and existing agricultural uses in the
area, need for the proposed use, its effect upon
the immediate area, its effect on future development
of the area, and the health, safety and welfare of
the inhabitants of the area and the County. "
"Before a, permit for a conditional use permit is
issued, the Planning Commission and the Board of
County Commissioners shall determine through hearings,
that the following plans, methods and studies, which
shall accompany the application for a conditional
use permit , provide adequate protection of the health,
safety and welfare of the inhabitants of the area and
the County. "
It is the opinion of the Planning Commission that the applicant has
failed to demonstrated in the submitted application materials or in
oral statements made at the scheduled Planning Commission hearing
that the request will be compatible with the future development of
the area and provide for the adequate protection of the welfare of the
inhabitants of the area and the county.
It is the opinion of the Planning Commission that this request
encourages encroachment of incompatible residential uses upon the
Agricultural Zone District , discourages agricultural uses as the
highest and best uses of the land, and does not provide for the
orderly expansion of urban growth in conformance with the Weld County
Comprehensive Plan. Further, it is the opinion of the Planning
Commission that' this request will have an adverse effect on future
agricultural development of the area as projected in the Weld County
Comprehensive Plan , and thereby will not provide adequate protection
of the welfare pf the inhabitants of the area and the county. This
determination is based upon the following:
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Tom Trostel
CUP-39 ;78 ; 8
PLANNING COMMISS1ION RECOMMENDATION
December 19, 1978
The basic premises behind the Weld County Comprehensive Plan which
are stated on Pages 20 and 21 of the Plan are :
"1. That agriculture should and must be protected, and
2 . That pressures for urbanization must be recognized
and accommodated so that growth which odours is
directed and controlled, minimizing any negative
impacts . "
The following is a statement of one of the policies and objectives
which directly relates to the premises behind the Comprehensive Plan.
This policy is found on Page 48 of the Plan :
"Agriculture is considered a valuable resource in
Weld County. which must be protected from adverse
impacts resulting from uncontrolled and undirected
business, industrial and residential growth. In .
order to maintain and promote this important segment
of the county ' s economy, the cultural and human
values 'associated with farm life and the overall
benefits of an agricultural environment , any uses of
prime irrigatedifarmland for uses other than agri-
cultural will be critically reviewed to insure the
proposed development will not adversely impact the
agricultural interests of the county and that the
development will positively contribute to the over-
all economy, environment and tax base of the county. "
The Plan states that agriculture is a valuable resource in Weld County
which must be protected from the impacts of urban growth. Tb
accomplish this 'objective, the Plan states that residential , commercial ,
and industrial uses will be encouraged to locate around existing
incorporated areas so that their impacts will be minimized, and so
that the cost of providind the services 'associated with such uses
will be minimized to the greatest extent possible .
If such residential uses , as proposed in the pending application are
allowed to occur„ the cost of providing services to such rural areas
can only be increased, this resulting in overall increased costs to
the taxpayer. A1s stated by the Weld County Comprehensive Plan, such
uses should be encouraged to locate around existing incorporated
areas, where the base for providing such services is already
established.
In the pending application , the proposed use is not an agriculturally
related use, but would be an invasion of the agricultural area by an
incompatible use'. The subject property is in fact one of several
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Tom Trostel
CUP-39 : 78 :8
PLANNING COMMISSION RECOMMENDATION
December 19, 1978
approximately
35-acre parcels which were split out of the SW; of
Section 5, Township 3 North, Range 68 West since 1973 when this
quarter section was one agricultural unit . The land in question
consists primarily of Class II soils which are classified as prime
agricultural soils by the Soil Conservation Service . The area
could easily support agricultural uses if urban encroachment , in the
form of residential lots, does not occur. The granting of this
request would enhance the chance for conflict between agriculture
and residential uses, i .e , , the traditional conflicts between urban
and agricultural, uses ..
Finally, if such development is encouraged, the precedent is set for
more and more agricultural lands to be split into parcels which are
basically too small to support viable farm operations , and too large
to be maintained, properly by those who work in the city but live in
the country. As, a result of the latter factor, additional conflicts
with surrounding, agricultural uses may occur.
It is the basic premise of the Weld County Comprehensive Plan that the
County should not encourage the break up of large blocks of agri-
cultural land resulting in the loss of agricultural lands to urban
pressures, but work towards preserving agricultural resources,
promoting the agricultural economy and reducing conflicts between
urban and rural uses in an agricultural area.
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Comments :
1. To date, our office has received one letter in favor of
this request from one of the adjacent property owners . A
copy of that letter is in the attached materials .
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CERTIFICATION OF COPY
I , Shirley A, Phillips , Recording Secretary of the Weld County
Planning Commission , do hereby certify that the above and foregoing
Resolution is a true copy of the Resolution of the Planning Commission
of Weld County , Colorado , adopted on December 19 , 1978 and re-
corded in Book No . VT ofithe proceedings of the said Planning
Commission .
Dated the 20th day of December 19 78
% \•r1
Secretary\
• Date: Di;.' ;tuber 19 ? 1978
• J
CASE NUMBER-: CUP-39 : 78 : 8
NAME: Tom ;Trostel
REQUEST: Single Family Residence
LEGAL DESCRIPTION: Pt . SW*, Section 5, T3N, R68W
LOCATION: Approximately 12 miles northwest of Mead
THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS
REQUEST BE denied • FOR THE FOLLOWING REASONS:
It is the opinion of the Department of Planning Services staff that
this request is not consistent with Sections 3 . 3 .A. and 3 . 3 .D.2. and
3. of the WsldiCounty Zoning Resolution. •
Section 3 . 3A. states:
"Intent - The intent in establishing the A-Agricultural
Zone District is to allow all agricultural related uses
. in those areas in which agriculture is and should con-
tinue to be the predominant land use . This district is
intended to discourage encroachment of ijncompatible -
uses upon the_:agricul-tural lanti An the district , to -
encourage agricultural uses as the highest and best use
of the land in the district as compared with other uses
in conflict therewith, and to provide for the orderly
expansion of urban growth in conformance with the Weld .
County Comprehensive Plan. "
Additionally Sections 3 . 3.D.2 . and 3. states :
"The Planning Commission and the Board of County
Commissioners shall consider the following in making
• ' their determination in approving or denying a
conditional use permit : Compatibility with the
surrounding area, harmony with the character of the
neighborhood and existing agricuitural.uses in the
area, need for the proposed use , its effect upon
the immediate area, its effect on future development
of the ara, and the health, safety and welfare of
the 'inhabitants of the area and the County. "
•
Tom Trostel
CUP-39 ; 78i8
STAFF RECOMMENDATION
December 19, 1978
"Before a permit for a conditional use permit is
issued, the Planning Commission and the Board of
County Commissioners shall determine through
hearings, that the following plans, methods and
studies, which shall accompany the application for
a conditional use permit , provide adequate pro-
tection of the health, safety and welfare of the
inhabitants of the area and the County. "
It is the opinion of the Department of Planning Services staff that
the applicant has failed to demonstrate in the submitted application
materials or in oral statements made prior to the scheduled
Planning •Commission :hearing that the -request will be compatible
with the future development of the area and provide for the adequate
protection of' the welfare of the inhabitants of the area andthe
county.
It is the opinion of the Department of Planning Services staff that
this request encourages encroachment of incompatible residential uses
upon the Agricultural Zone District, discourages agricultural uses as
the highest and best uses of the land, and does not provide for the
orderly expansion of urban growth in conformance with the Weld County
Comprehensive Plan. Further, it is the opinion of the Department of
Planning Services staff that this request will have an adverse
effect on future agricultural development of the area as projected
in the Weld County Comprehensive Plan; and thereby will 'not provide
adequate protection of the welfare of the inhabitants of the area and
the county. This determination _is based upon the following:
The basic premises behind the Weld County Comprehensive Plan which
are stated on Pages 20 and 21 of the Plan are:
"1. That agriculture should and must be protected, and
2. That pressures for urbanization must be recognized
and accommodated so that growth which occurs is
directed and controlled, minimizing any negative
impacts . "
The following is a statement of one of the policies and objectives
• which directly relates to the premises behind the Comprehensive Plan .
This policy is found on Page 48 of the Plan:
"Agric;ulture is considered a valuable resource in
Weld County which must be protected from adverse
impacts resulting from uncontrolled and undirected
business, industrial and residential growth. In
• _ 1
Tom Trostel
CUP-39 ;7818
STAFF RECOMMENDATION
December 19, 1978
order' to maintain and promote this important segment
of the county' s economy, the cultural and human
values associated with farm life and the overall
benefits of an agricultural environment , any uses of
prime irrigated farmland for uses other than
agricultural will be critically reviewed to insure
the proposed development will not adversely impact
the agricultural interests of the county and that
the development will positively contribute to the
overall economy, environment and tax base of the
county. "
Thes.Plan states. that-agriculture:is_a valuable -resource .in .Weld County
which must be protected from the impacts of urban growth. To
accomplish this objective, the Plan states that residential,
commercial, and--industrial uses .will be--encouraged to- locate around
existing incorporated areas so that their impacts will be minimized,
and so that the cost of providing the services associated with such
uses will be minimized to the greatest extent possible .
If such residential uses, as proposed in the pending application are
allowed to occur, the cost of providing services to such rural areas
can only be increased, thus resulting in overall increased costs to
the taxpayer. As stated by the Weld County Comprehensive Plan, such
uses should be encouraged to locate around existing incorporated
dreas , where• the:•base for providing such services - is already-`
established.
In the pending application, the proposed use is not an agriculturally
related use, but would be an invasion of the agricultural area by
an incompatible use . The subject property is in fact one of
several approximately 35-acre parcels which were split out of the
SW* of Section 5, Township 3 North, Range 68 West since 1973 when this
quarter section was one agricultural unit . The land in question
consists Primarily of Class II soils which are classified as prime
agricultural soils by the Soil Conservation Service. The area could
easily support agricultural uses if urban encroachment, in the form of
residential lots„ does not occur. The granting of this request would
enhance the chance for conflict between agriculture and residential
uses, i .e. , the traditional conflicts between urban and agricultural
uses .
Finally, if such development is encouraged, the precedent is set for
more and more' agricultural lands to be split into parcels which are
basically too small to support viable farm operations, and too large
to be maintained properly by those who work in the city but live in
the country . I As a result of the latter factor, additional conflicts
with surrounding agricultural uses may occur.
• 1
Tom Trostel
CUP-39 :78 : 8 .
STAFF RECOMMENDATION
December 19, 1978
It is a basic; premise of the Weld County Comprehensive Plan that
the County should not encourage the break up of large blocks of
agricultural land resulting in the loss of agricultural lands to
urban pressures, but work towards preserving agricultural
resources, promoting the agricultural economy and reducing
conflicts between urban and rural uses in an agricultural area.
•
•
, II
Comments :
1. To date, our office has received one letter in favor of
this request from one of the adjacent property owners. A
copy of that letter is in the attached materials .
i
Nig
•
•
DLPAR WENT OF PLANNING SERVICE',
PHONE (3031 35G-4000 EXT.404
015 10TH STREE
GREELEY,COLORADO 80631
1
COLORADO
November 14 , 1978
Mr . Tom Trostel
9885 Weld County Road 11
• Longmont , Colorado 80501
RE: Request for a Conditional Use Permit for a single family residence on
a parcel of land described as Pt . of the SW* , Section 5 , T3N, R68W of
the 6th p .m. , Weld County, Colorado
Dear Mr . Trostel :
Your application and related materials for the above described request are
complete and in order at the present time . I have scheduled a meeting with
the Weld County Planning Commission for Tuesday , December 19 , 1978 , at
1: 30 p .m. This meeting will take place in the County Cocimissioners Hearing
Room, 915 10th Street , Greeley, Colorado. It is recommended that you and/op
a representative be in attendance to answer any questions the Planning r
' Commission members might have with respect to your application.
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 Town •of Mead Planning Commission '
for their review and comment . Please contact Mrs . Virginia Frei , Mead Town
Clerk, at 535-4400 for further details regarding the exact time , date and
place of this meeting. You may wish to be in attendance at the Mead Planning
Commission meeting .
If you have any questions with regard to this matter or if I may be of any
further assistance , please do not hesitate to contact me .
i
Respectfully,
•
Chuck Cunliffe .
Assistant Zoning Administrator
CC: sap -
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No. 84779.0
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- - - 915 10TH STREET
•
GFiEELEY.COLORADO 80631
•
COL • RA =II ' .
November 3, 1978
•
Mr.. Thomas G. Trostel -
9585' Weld Co. Rd. 11
Longmont , Co. 80501
RE : Request for a Conditional Use Permit for a single family
residence on a parcel of land described as Pt. SW*, Section '
' 5,. T3N; R68W of the. 6th P.M. , Weld County, Colorado
Dear Mr. Trostel : -
{
The application and related materials for the above described re-
quest are incomplete at this time. Before I can schedule this
matter before the Weld County Planning Commission I will need the
- following items submitted to. this office : •
I
1 . A copy -of a deed, purchase contract , or other legal instrument
indicating that you have interest in the property under con-
• sideration. The deed, purchase contract , or legal instrument
should include a complete and accurate legal' dgscription of
the property. 1
2 . A list of names of all adjacent property owners located with ith-
' in 500 feet of the property under consideration. This. infor-
matron] can be found in the Weld County Assessor ' s Office.
•
3. A check in the amount of $10. 00- made -payable to the Weld, County
Clerk and Recorder for the recording fee.
.. .
4. A letter of explanation detailing the situation - indicating the
. the reasons) why the request for a .Cenditionnl Use Permit for
a personal residence has been made. This letter should in
' elude a .,description of the proposed uses in sufficient- detail
to indicate effects of the proposed uses in producing air and
- water pollution, odor , noise, glare, fire or other safety haz-
ards and traffic congestion, if any. In addition, you should .
explain any other uses which are proposed to take place on the
property i . e. farming., intensified agricultural uses, etc.
w
t1
Thomas G. Trostel . , •
page 2 ,
November 3, 1978 .
1I .
•
•
•
•
I look forward to receiving these items very soon •so that we may
begin processing your application. If you have any questions
with regard 'to this matter, please do not hesitate to contact me.
Ressppeecpt`f�ulpl�yy,, •
•
Chuck Cunliffe
Assistant Zoning Administrator
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•
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• SENDER:Complete item.,1,2.aria 3. No.
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DEPARTMENT OF PLANNING SERVICES
PHONE (303)356-0000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631 '
t M 1
.
COLORADO
January 24, 1979
Tom Trostel
9885 Weld County Road 11
Longmont , Colorado 80501
Dear Mr. Trostel :
Enclosed please find check #2635 in the amount of $10 . 00 for
recordation of the Conditional Use Permit plat which was
submitted with your application.
Due to the denial of your application, the recording fee is •
no longer required by this office.
If you have any questions, please feel free to contact our
office.
Respectfully,
Shirley A. .Ph lips
Planning Commission Secretary
/sap
Enclosure
•
I -
•
TO THE TREASURER OF"WELD COUNTY 82-33 , _ • `
1
•
• GREELEY. COLORADO - - 1021 WARRANT N° : . :2635 ;• 11
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•
FIELD CHECK
•
FILING NUMBER: CUP-39 . DATE OF INSPECTION: Dec. 1, 1978
NAME: Thomas Trostel
REQUEST: Single Family Residence
LEGAL DESCRIPTION: Pt . SW*, Section 5, T3N, R68W
LAND USE: N Agricultural
E Agricultural
s Agricultural
•
• W Agrirniturn1
ZONING: N Agricultural
LOCATION: i; mile northwest of E Agricultural
Mcad S Agricultural
W • Agricultural
COMMENTS :
The property is presently unimproved with the exception of a
Small metal nut building_ There is an irrigation ditch which
ruts through the property on the southwest corner of the
property The property above the ditch is in grass . The
property below the ditch has been farmed this year There is
two residences located to the south and east of this property .
apnrnximate y 3 mile away Th r is no h r r idence to ated
across County Road 3 to the northwest of this property.
•
BY: W- a
ns,..*
X
Id i
• CONDITIONAL USE PERMIT ,,
FLOW SHEET•
Q a
APPLICANT: `To.m Tros \-e,1 CASE # CUP-3_I 'i tz
REQUEST: 11 1n Ve, Fam•\, 1 R•e,s1L&enc�
LEGAL: 1T. Sl,o� 5.1 1� V, ���YY
(IA. rwA\j NW oib rive a,) DATE BY
Application Received 1O13.1 l�1..C.c/
Application Fee —: Receipt # 4-19V,5 1O I3 ` _-CE
Recording Fee - 11 ! 4) Chu..
i 1111
Application Complete . 11 IQto • CINC0J
P.C. Hearing Date: O2Cere ooX 19 lT\t 111 9 C-it
Letter to Applicant Drafted t 11 f 9 CPse.
Referrals Listed 11 19 l%
Field Check by D.P.S . Staff
12J \ jib CIO--
File Assembled \��° 'C• -
Referrals Mailed \ \‘\-\\ �p
Chaindexed \\\. % i - \l
Notification of Applicant A\%\--AQ -
Surrounding Property Owners Researched II- 15 -1% IT0
Airphoto/Vicinity Map Prepared 1I-15-16 la,
Property Owners Notified by: 17442) 11t) \V-\/)-% %. �
Agendas Mailed by: it) 111-142) t', ktlet e/� /
•J T
Legal Approved by County Attorney 11�14��t€', I/Q�o.
Referrals - Complete resn /1u�n�PreliminaryD.P.S . Staff Comments � * /`Akee.
Staff Conference Y l^/re6.:sD.P.S. Comments 1 148hel 04cc,
P.C. Hearing Action: QC�\E.SN \:eti, ll`A pci'`.
P.C. Resolution \c�W\� O`h k.
Case Sent to Clerk to. Board 11I# Ill • V.1 .
C.C. Hearing (/31161 Action �1Q�, 1 il Ih-®®1 C.Pc
C.C. Resolution Received \�0.\� •�•
History Card Complete \q'" '' `c.
C.C. Resolution Spnt to Drafting \
Drafted on Mylar
Document Sent to Clerk and Recorder
- P.C. Minutes \- \��N t . -
.
•
I
•
CONts. ;IONAL USE PERMIT APPLICAIi-J
Weld County
Department of Planning Services
915 - 10th Street
Greeley , Colorado 80631
PHONE : 356-4000 Ext. 404
FOR PLANNING DEPARTMENT USE ONLY :
Permit Fee : 1„rj.60 Case Number : CUP—'3q lbte)
Recording Fee : App . Checked by : C P
Receipt No . : 11.351 ‘5 •
•
TO BE COMPLETED BY APPLICANT IN ACCORDANCE WITH PROCEDURAL GUIDE REQUIRE-
MENTS : Print or type only , except for necessary signatures .
I , (we) the undersigned , hereby request a hearing before the Weld County
Planning Commission concerning a proposed Conditional Use Permit for the
following described unincorporated area of Weld County :
LEGAL DESCRIPTION of contiguous property owned upon which Conditional Use
Permit is proposed _•
LEGAL DESCRIPTION OF CONDITIONAL USE PERMIT AREA:
141&01- 1 ,64t..? A sw7� g & s eGgw . 6Pm.
w-eLe co ere.
STREET LOCATION : _ - ZONE :
PROPOSED USE :
REASON : ------
FEE OWNERS OF AREAIPROPOSED FOR CONDITIONAL USE : ,f
NAME :�QMFFS �-� flr et,SLe ( ADDRESS : Q2gS' �I($(:ThITEL : 77&T'A?)-
NAME : I ADDRESS : /.r,.,g,,,,,_rv-fraTEL :
NAME : ADDRESS : TEL :
I hereby depose and state under the penalties of perjury that all state-
ments , proposals and/or plans submitted with or contained within this
application are true and correct to the best of my knowledge .
COUNTY OF WELD ) .G
STATE OF COLORADO) �
Si nature : wr(4r of Authorized Agent
Subscribed and sworn to before me this / day of , l92'

No ar nublic
My comrirtlsss-rein xpi t;es : 6/s/79 __
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PETITION SUPPORTING CONDITIONAL USE PERMIT
Board of County Coimmissioners of Weld County , Colorado
Weld County Centennial Center .
915 10th Street
Greeley , Colorado 80631
Dear Commissioners :
We , the undersigned owners of property located within 500 feet of
the property described in the application submited by THOMAS
TROSTET , hereby petition you to grant this request for
SINGLE FAMILY RESIDENCE
Signature Mailing Address Description of Property"16:11);
le-J. /J-1/5
•
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1. The Conditional Use Permit plat shall be amended to :
A. Show the 80 foot Supply Ditch right-Of-way (40 feet
on each side of the centerline of the ditch) .
B. Show the location and dimensions of all structures;
both existing and proposed. ,
C. Landscaping proposals.
D. Existing and proposed accesses .
2. The attached Development Standards being recommended and
approved for the Conditional Use Permit area.
3 . No building permits for any structure shall be issued on
the Conditional Use Permit area until the Development
Standards for the Conditional Use Permit have been placed
on the Conditional Use Permit plan and said plan has been
delivered to the Department. of Planning Services office .
g
Tom Trostel - CUP
DEVELOPMENT STANDARDS
1. The permitted uses on the hereon described parcel shall be a
single-family residence and all uses permitted by right under
Section 3. 3(B) of the Weld County Zoning Resolution .
2 . The Conditional Use Permit area shall be maintained in such a
manner so as to prevent soil erosion, fugitive dust , and the
growth of noxious weeds .
3 . All permitted uses on the hereon described parcel shall comply
with all County and State•, Health Standards and Regulations
pertaining to air quality, water quality, noise emission, and
sanitary disposal systems,
4. All accesses shall have the approval of the Weld County
Engineering Department . All accesses shall be constructed in
accordance with the recommendations and/or requirements of the
Weld County Engineering Department .
5 . No buildiigs , permanent structures, or fences shall be located
or permitted on the 80 foot supply ditch right-of-way as shown
on the plat .
6. There shall be no discharge of wastes into any streams , other
bodies of water, or adjacent drainage systems without obtaining
a waste water discharge permit from the Colorado Department of
Health.
7, The Conditional Use Permit shall be limited to the plans shown
hereon and governed by the Development Standards stated above
and all applicable Weld County regulations . Any material
deviations from the plans and/or Development Standards as shown
or stated above shall require the approval of another Conditional
Use Permit before such changes shall be permitted. Any other
changes from the plans and/or Development Standards shall be filed
in the office of the Department of Planning Services .
REFERRAL LIST
APPLICANT Tom Trostel
CASE # CUP-39 : 78 : 8
REFERRALS SENT OUT ON: November 13, 1978
REFERRALS RECEIVED
NOV 141978 County Attorney
NOV 221978 County Health
NOV 2 4 1978 County Engineer
Percy Hiatt
DEC 19 1978 Route 1, Box 1
Platteville , Colorado 80651
Town of Mead Planning Commission
c/o Virginia Frei H-535-4400
NOV 2 41978 Box 217
Mead, Colorado 80542
Berthoud Fire Protection District
NOV 1 6 1978 P.O.John W.Box 286�yard, Secretary O - 776-0031
- 532-2032
Berthoud, Colorado 80513
Soil Conservation Service
N0V 2 41978 1228 Main Street
Longmont, Colorado 80501
Colorado Geological Survey
Dave Shelton
NOV 2 41978 1313 Sherman Street
Room 703
Denver, Colorado 80203
Suppy Irrigating Ditch Company
c/o George Landers
NOV 2 21978 Box 209
Longmont , Colorado 80501
•
. I PI I AN I MI IA h(U I'I MI,'INC SERVICES
•
PIIONE 130313564000 EX r.404
91510TH STREET
GREELEY,COLORADO 80631
.44
J . O' CASE NUMBER CUP-39 : t8 : 8
'r?O 11x
O
COLORADO •
November 13, 1978 REFERRAL
TO WHOM IT MAY CONCERN:
Enclosed is an 'application' from Tom Trostel
for a Conditional Use Permit for a Single Family Residence
The parcel of land is described as pt . SI , Sec. 5 , T3N, R68W
The location of the parcel of land for which this application has been
submitted is 14 miles northwest of Mead
This item is submitted to your office for review and recommendations.
Any comments or recommendations you consider relevant to this item
would be appreciated. If you - find no conflicts with your intetests ,
• we would appreciate a written reply to include in our files, or check
the box at the ,bottom of this page and return it to us . We would like
to receive your comments by November 24, 1978 so that we
can complete our review before the scheduled Planning Commission
meeting. Thank you very much for your help and cooperation in this
matter . .`�1�,Q�5 )i z\ .
NOV 19%8
• o RECEIVED
Weld Como
Ce
Assistant 'Zoning Administrator to &Rig towifigg
Att
I�IWe have reviewed the plans and find no conflict J
�� ''
r interests.
Signed Date 7/-- /S— 7�
Secret
Agency Berthoud Fire Protection District
•
. , , I d . ..,i I iMl N 1111 PI ANNING SERVICES
I.
o PI IONI 130313504000 • EX 1.404
015 10TH STREET
a, Pu
GREELEY,COLORADO 00631
yk f h (if CASE NUMBERCUP-39 ;78 : 8
;y �^ LL 1 4 I
•
COLORADO ,��1g21aeac�
November 13, 1978 REFERRAL �1 4 2Q�s
,ham Nov 1978
• TO WHOM IT MAY CONCERN: RECE7 a
f/e ll VEo N•3
Enclosed is an !application from Tom Trostel gannieeBp°uery
fo` S9(ug Cy
�
for a Permit for a Sin le Famil Residence 6' 2>
The parcel of land is described as Pt . SWM , Sec. 5 , T3N, R68W .
The location of the parcel of land for which this application has been
submitted is 1i miles northwest of Mead •
•
This item is submitted to your office for review and recommendations.
- Any comments ox^ recommendations you consider-relevant to -this item
would be appreciated. If you find no conflicts with your interests,
we would appreciate a written reply to include in our files, or check
I
the box at the bottom of this page and return it to us. We would like
to receive your, comments by November 24, 1978 so that we
can complete our review before the scheduled Planning Commission
meeting. Thank you very much for your help and cooperation in this
matter. e' Cir '✓-;,--7 4-C ,e/I ,._ n Ga ,lo it -d-e7 � -rt
�
Assistant Zoning Administrator - �� " 6.. Gv-e.-"-e,
We have reviewed the plans and find no conflict with our interests.
Signed De �.Lrr�nobe:p_e_4+,� Date fr-o-- g-O / Ig7c/•
Agency (�N ..P�,:/I�/ �
. X
BOARD OF HEALTH
Weld County Health .department DAVID WERKING, DDS. Greeley
FRANKLIN D. YODER. MD, MPH WILLIAM BLICK, Roggen
Director 1516 HOSPITAL ROAD DORIS DEFFKE. Greeley
GREELEY, COLORADO 80631 A. M. DOMINGUEZ. JR.. J.D., Greeley
(303)353-0540 ANNETTE M. LOPEZ. Greeley
FRANK MYERS. M.P.H., Windsor
HERSCHEL PHELPS, JR., M.D.,
Greeley
KATHLEEN SHAUGHNESSY. PHN, Ault
ARTHUR G.WATSON,Platteville
November 21 , 1978
Gary Fortner
Planning Services
915-10th Street
Greeley, CO 80631 •
TO WHOM IT. MAY CONCERN:
The Conditional Use Permit for a single family residence as requested
by Tom Trostel has been reviewed by Environmental Health staff and
no apparent conflict with health regulations in indicated.
Sincerely., •
J G. Hall , M.P.H. , Director
E vironmental Health Services
JGH:dr
\(020Z142??
R N° ts7 ejf
� V 8Ds 4
"e E
aesing�COlgr O�6�
at
6299,01\
X
ffudflORAnDU1E i
WIp . Planning Commission November 22, 1978
To Date
COLORADO From
Tom Trostel- C.U.P.
Subject:
No Engineering problems anticipated by this request.
Any new access must have approval prior to installation.
Gilman E. Olson
Subdivision/Utility Administrator
GEO/mm
202122Z32/es
1.9
,, V
419ecrd, 0/filae ��
X
LITTLE T1__'MPSON VALLEY WATEI. -DISTRICT
DIRECTORS: TELEPHONE 532-2096
DEAN G. ANDERSON October 31 , 1978 307 WELCH AVENUE
LOUIS F. REIN DRAWER G
DAVID MCGEE BERTHOUD. COLORADO 80513
E. THOMAS RICORD
CAREY .1. SALOMONSON
MANAGER:
LOVILO H. FAGAN
Thomas G. Arostel
9885 Weld Cty. Rd. 11
Longmont, Colroado 80501
To Whom it May Concern:
The Little Thompson Water District tan supply domestic water to property
in the South West Quarter of Section 5, Township 3 North, Range 68 West of the
6th P.M. provided that the tap fees are paid and rules and regulations are
complied with.
Very truly yours
LITTLE THOMPSON WATER DISTRICT
Lovilo H. FAgan, Manager
LHF/ma
cc:
November 20, 1978
Weld County Planning Service
915 10th Street
Greeley,) Colorado 80.631
To whom lit may concern:
On property described as part of the SW- 1/4 Section 5, Twn.
3N. , Range 68 West.
On conditional use permit for single family residence requested
by Tom Trostel, we have no objections. As a -matter of fact,
we would be in favor issuing him a permit.
��,\ ZOClcCC k
�; Sincerely,
�J
wNOV 19781 S,
MILE HIGH SOD CO. , INC.
RECEIVED 0a
2 wig.*
o,
l Rau t mmisslae /
Howard Bi-xler
016,8[ 9 sv% President
HH/flb_.
r
Jown oI Mead
Box 217, Weld County, Colorado 80542
VIRGINIA M. FREI, TOWN CL RI< ROBERT A, CLARK, MAYOR
595-4400 . November 22, 1978 535-4564
Depa tment of Planning Services
Gree ey, Colorado. 80631
Gent emen: ,
Thelead Planning Commission, at a meeting held November
21, L978, had no objections to the conditional use permit
fro Tom Trostel.
Since ely,
„, 4
0 N0V 1978 n, Robert A. Clark, Chairman
a RECEIVED =91
Mead Planning Commission
,P Weld Con,
Pluming Commissbs cv 016 9 RAC v
X
Longmont Soil Conservation District
1 228 MAIN STREET LONGMONT,COLORADO 80501
November 22, 1978
Mr. Chudk Cunliffe, Assistant Zoning Administrator
Weld County Department of Planning Services
915 10th Street
Greeley,) CO 80631 Re: Case No. CUP-39:78:8
Tom Trostel - Conditional Use
Dear Chuck:
Our technicians have reviewed the above application and make the
following comments:
1 . The soils are classified as Wiley-Colby complex
and Weld loam. Both soils are deep, well drained
soils and ideal for agricultural uses .
They exhibit slight to moderate limitations for
septic tank leach fields . They also exhibit slight
to moderate shrink-swell characteristics . A percola-
tion test for design of the leach field is advisable.
In general , we find no real exception to our interests in this
application.
Sinc
erely,
4A
Robert Schlegel
President
,, IN Nov 1978
�� `` SEEIni ILCI
fBCa ssioi"
Cn
I ;ACV
410
CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT
S.
oF co 0 `\10
O
FO X9O
RICHARD D. LAMM * * * JOHN W. ROLD
GOVERNOR # 41.0, ,�% * •
GDirector
1840
COLORADO GEOLOGICAL SURVEY
DEPARTMENT OF NATURAL RESOURCES
715 STATE CENTENNIAL BUILDING—1313 SHERMAN STREET
DENVER,COLORADO 80203 PHONE (303)839.2611
November 22, 1978
Weld County Planning Department
915 10th Street
Greeley, CO 80631
Dear Department Members: RE: CASE NO. CUP-39:78:8
TROSTEL PROPERTY
We have reviewed the conditional use permit application for the
above property. Windblown deposits of sand, silt, and clay are
known to exist in this area, and unless special precautions are
taken, excess differential settlement may occur beneath the
foundation of the proposed residence. Therefore, we recommend
that the owner consult a qualified soils engineer for his
recommendations regarding foundation design.
If we can be of further assistance, please contact our office.
Sincerely,P
James N. Price
Engineering Geologist
JNP/ba
cc: Land,Use Commission
#2234 6c>,
6c j
NOV 1978
RECEIVED
Weld County ,ti
Planning Commission AU
e.>411016a1-c
GEOLOGY
STORY OF THE PAST . . . KEY TO THE FUTURE �, n
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. 1207-5-3-RE--36 .
RECORDED EXEMPT ' NO: •
r•! JANUARY 23. /973
' OWNERS.' L. A_HERGEI RETER,' M1 G. LINSON, L. B, LUCHSINGER, AND LEROY SWENSON .`ROUTE l , BOX 55
BERTHOUD, COLORADO
A TRACT OF LAND LOCATED IN THE SOUTH ONE-HALF (S 1/2) OF SECTION 5, T3N, R68W OF
THE 6th PRINCIPAL 144ERIDIAN, WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY
DESCRIBED AS..FOLLOWS WS: .
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 5, CONSIDERING THE WEST
LINE OF SAID SECTION 5 TO, BEAR •NORTH WITH ALL OTHER BEARINGS RELATIVE
THERETO; THENCE S 89°52 15 E ALONG•THE SOUTH LINE OF SAID SECTION 5, 3226.85
FEET TO LJ, POINT ON THE CENTERLINE OF THE MEAD LATERAL DITCH, THENCE
N 00°51 45 E ALONG THE APPROXIMATE CENTERLINE OF SAID MEAD LATERAL DITCH,
19533 FEET TO A 'POINT QN THE APPROXIMATE CENTERLINE OF WELD COUNTY ROAD
Na 36, THENCE N 23°11 .51 W, 254.28 FEET TO A POINT ON THE APPROXIMATE CENTER-
LINE OF THE FLUME DITCH, THENCE ALONG THE CENTERLINE OF SAID FLUME DITCH
THE FOLLOWING COURSES .AND DISTANCES: .
N26°46 3911W, 285171 FEET; N 7°43'14"W, 510.04 FEET; N 7°45,41"E, 580.91 FEET;
N I2°4358 W. 519.00 FEET; N.14°30118"W, 394.23 FEET TO A. POINT ON THE NORTH
LINE OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION" 5, SAID NORTH, LI4(E
BEING THE- EAST-WEST CENTERLINE OF SAID SECTION 5, THENCE S 89°58 34 W
ALONG SAID EAST-WEST CENTERLINE OF' SECTION 5, 2787.73 FET TO THE WEST
QUARTER (W 1%4) CORNER OF SAID. SECTION 5, THENCE SOUTH ALONG THE WEST
ONE OF SECTION 5 ,I 2644.56 FEET TO THE POINT-OF BEGINNING, THUS DESCRIBED
I.\•"', TRACT CONTAINS 182.136 ACRES. .
- . . . . .
WE, L.A. HERGENRETER, M.G. LINSON, 1..B. LUCHSINGER: AND LEROY. SWENSON,
. BEING THE SOLE OWNERS IN FEE OF THE ABOVE 'DESCRIBED PROPERTY DO HEREBY
SUBDIVI9E THE SAME AS' SHOWN ON THE ATTACHED MAP.
/
c0 C�
/ s 6-.14...•-2 ,. /y �/��
( -i/!tl it-c--41 (/�}�a r vLt X22
THE FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS G
DAY OF in 2,. c4. I A.D. 19 '7 .3
MY COMMISION EXPIRES -3-0 17 r2,3., ((5 '74 • . l,., y) . 1 ;
NOTARY PUBLIC "/1/24:o...� p2. �? Jirn--• .') ‘1'l ti 1. ''
WITNESS MY HAND' AND SEAL : ) ,
•
/ HEREBY CERTIFY THAT THIS PLAT WAS PREPARED UNDER MY SUPERVISION : AND
.THAT THE. SAME IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
ME Dpn aJ�^4a+�_ '-
O NSON' REGISTERED LAND. SURVEYOR, LS. 6716 tc,.Pg�JQl' Pity
' *= • 6716 '*=
.9+°s
tttttttttttttt
THE_ACCOMPANYING IS ACCEPTED AND APPROVED FOR FILING.
II CHAIRMAN OF THE BOARD OF COUNTY COMMISIONERS Pmten
•
ATTEST: COUNTY CLERK y,•l , 'LA.,' Lt.„.
V
DATED 7'Y(,tr -2 k• /4'223 • -
• •
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-L Recorded at - O'clock M. i 1
. I .
Reception No • Recorder.
f
- THIS DEED, Made this 30th day of June , 1978
03a \234s6�
_ between �`�
RICHARD L. MUELLER and L0RAINE M. MUELLER `� s
0
810 Brunson' St. Prague c••..7 gae0/,', 7,2��ci 4'
Oklahbg g 00/ .N
.N
• County of Lincoln and State oflfilliccG of the first part, and • es
.7 '�I y<.
. THOMAS G. TROSTEL I �eieOZ6irn ��9`
whose legal addresses 9885 Weld County Rd. ;11 '
of WO( Longmont county of Boulder and State of
Colorado,of the second part: •
WITNESSETH, That the said part 1e the first part,for and in consideration of the sum of
— — — — . SEVENTY FOUR THOUSAND AND NO/100 DOLLARS
to the said para.eS of the first part in hand paid by said party of the second part, the receipt whereof is
hereby confessed and acknowledged, have granted, bargained,sold and conveyed,and by these presents do
grant, bargain, sell, convey and confirm, unto the said party of the second part,hi.S heirs and assigns for-
ever, all the following descr{'bed lot or parcel of land,situate,lying and being in the
k County of Weld and State of Colorado, to wit: ___.___ :
A tract of land located in the SWIG of Section 5, Township 3 North, Range 68
- - West of the 6th P:M.-, Weld./County, Colorado, being more particularly described
as follows:
Beginning at the W1 corner of said Section 5, thence South along the West line
of said. Section 5, 1113.15 feet; thence 889'52'15"E, 334.49 feet to a point on
the approximate centerline of the Supply Ditch; thence along said approximate
centerline of said Supply Ditch the following' couroes and distances:
S17°19' 20"E, 18 .98 feet, S31'39'18"E, 514.70 feet, 586'31'16"E, • 192.33 feet
to a point of intersection of the aforementioned Supply Ditch and a large
eroded drainage ditch bearing Northeasterly; thence along the approximate •
centerline of said drainage ditch the following courses and diltanceer
N68'15'57"W, 1116.47 feet, N17'42'54"N, 94.05 feet, N43'56.'24"E, 332.20 feet,
N14'48'43"W, 100.55 feet, N31'l0'34"E, 364.12 feet, N61'21'03"E, 73.93 •feet;
thence North, 922.73 feet to a point on the North line of the aforementioned
SWk of Section I5; thence S89'58'34"W,I1172.43 feet-to the point of beginning. .
TOGETHER WITH all ditch and water rights appertaining to said
property including 30 acre footunits as allocated by the Northern
Colorado Water Conservancy. District.; 2 1/4 shares of capital stock
in the Supply Irrigation Company, 2 1/2 shares of capital stock in
Howard Lateral Ditch; EXCLUDING 1/2 of the oil, gas and other minerals
and mineral rights therein and thereunder;
.amn-an-rormetraacother grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or
naturesoever.; subject to 1978 taxes which grantee assumes by reason of
adjustment; subject to first deed of trust now of record for the
use of M. G. Linson and Della Linson, joint tennants .
_and the above.bargained premises in the quiet and peaceable)possession of the said part}' of the second part,
his heirs and assigns against all and every peilson or persons lawfully claiming or to claim the whole
or any part thereof, the said part ieS of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, the said part ies of the first part have hereunto setthel.rha„d s
and seal ' ' the day and year first above written.
k',r2• t.�e--Z l att.1 (SEAL)
Richard L. Mueller
yyJJ (SEAL)
c7S/,.•ezatc:r:r..".- y7?cc..'4G y - (SEAL)
• STATE OF COLORADO, -`-, 11 � :Loraine M. Mueller
- 'Conitty of Boulder J}60'
The foregoing instrument was acknowledged before me this 30th day of June
19 78 ,by Richard L. Mueller and Loraine M. Mueller
My commission expires Sept. 21
p j ,19 81 .Witness my hand and official seal.
'i '
. Notary Pn61k.
•
No.932. WAZRANTT DCEJ.—Par Mste rso 1,n.wrl—s,idfwd Pobl6LIM Ca,1atL44 Stoat Street, Denver, Colorado —&77
I19
HI ] c t t , J�.;t, 1 t
er- - -.r v .r „n L C:_i.F.Y ti.': „ ,{{ ) F. St '
ti t t}13...A'A J.a „",e:
riled at.... 1' o�clnelc, 4...m., APR 4 1914
t711 ption No_._1633401... L LEE SHEHEE. ,k
Recorder. ,
L. A. ,Herge reter, M. G. Linson and t. B. Luchsinger
,y
whmeaddneeein Hiland Farms, 8459 W. Vassar Drive,
Lakewood
Coun 'ot Jefferson , State of
Colorado , for the consideration of
Ten Dollars and other valuable consideration
da)1w,in ban paid, hereby aell(s) and convey(e) to ,
L. A. Hergenreter and Dorothy Hergenreter,
joint tenants with right of survivorship -
wboee addneav is 1181 Niver Avenue, Northglenn
Adams - and State of Colorado the following real prop
erty in the
,= •
County of Weld , . ,and State of Celorado,to wit:
c o EXHIBIT A attached hereto and incorporated herein by reference
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with ul1 its and (a) fh3 title to the acme,subject to easements, rights of way, reservations and interests of record and subject to Deed of Trust dated Maly 20, 1972 nd recorded May 24, 1972 in Book 668 with Reception No. 1590238,1 Weld County, lorado, records; and subject to existing easements and rights of
' way for ditch and utilities.
CA
i.
ri
Sued this first day of April , 1: 74 .
r►
.�� L. e 1.e er
tat _
is �t .r► . ..
te OF COLORADO. 7 L. Luchs{nge�
o Cougj el Boulder r
O
o net inalsanit wsa acknowledged before me thin first
days H Apr 1 ''" r ,1974. ,by L. A. Hergenreter, M: G. Linson and L. B.
ii
•a u _ ++r ee nmlsslen mQlret Od.27,1973
S ' ?-ti n) ° andaf8eialxy. - .
tto 1n0. ;�U�,' go - flee —� ' !
$�•...,,..-alt , xa.rsruwio
sair�gr�ir°c�—Y~ u ns.>t&non e.o oQ rem Sa t Ymo ce canon it t p� „ tati„or
tin-12 r� flY reset ase rem Y o as a�tteea i at or tMr
fir• fAR rent am 04 R�OmR er o�fedll as the 9r�Yt O<atYr-O�pps
A WHG:tO
11 e.8s7. wranW Dd Ytr4 ia•i W4L.CAt Ifo—ffiNrud PLUS 5t 4 1 ¢tM,1124 Bm Ot Davy.Od aeo-1-7t
x' '711
1633401
EXHIBIT A '
Warranty De dated / -
•
L. A. Hergen eter, et al. , Grantor
A. A. Hergen eter and Dorothy Hergenreter, Grantees
PARCEL A . ' •
A tract .of I nd located in the South Half of Section 5, Township 3 North,
Range 68 Wes of the 6th P.M. , in Weld County, Colorado and being more parti-
cularly desc ibed as follows:
•
Beginning at a point on the North lineeof said Section 5 from whence the West
one-quarter rner of said Section 5"bears 589°58'34'x, 1172.43 feet, thence
.South 922.73 feet to a point on the approximate centerline of a large eroded
- drainage dit , thence N61°21'03'E, along said approximate centerline 81.75
feet, thence 589°52'15'E, 902.60_feet, thence S00p07`45"k. 63.00 feet, thence
589°52'15°E, 855.53 feet, thence N7°45'41'E, 63.83 feet to a point on the
approximate enterline of the Flume Ditch, thence along said approximate cen-
terline of s id Flume Ditch the following courses and distances:
Ni °43'58.1, 519.00 feet,
Ni °30'18'1, 394.23 feet, to a point on the aforer+�ect.dned North line '
1 of the South Half, Section 5, from whence the center corner of said Section 5
bears 589°58 34'W, 165.18 feet; thence S89°58'34'W, 1625.30 feet to the Point
of Beginning thus described tract containing 36.562 acres.
• -
I
PARCEL B
A tract of 1 d located in the South Half of Section 5, Township 3 North, '
Range 68 Wes of the 6th P.H. , in Weld County, Cclorado and being more parti-
cularly described as follows:
Beginning at the South one-quarter corner of said Seciton 5, thence 589°52'15"E,
602:11 feet, thence N00°51'45'E, 195.33 feet,' thence 1923°11'51'1, 254.28 feet to
' a point on approximate centerline of the Flume Ditch, thence along said
approximate terline the following courses and distances: .
N26°46'3991, -285.71 feet•
N 43'14`1,510.04 feet, ,
N 7°45'41'E, 580.91 feet, thence N89052'15'8, 855.52 feet, thence `
S00007'45`8, 1701.35 feet to a point on the South line of said Section 5, thence
589°52'15'E, 481.87 feet to the Point of Beginning, thus described tract con-
taining 35. acres.
Together with 60 acre-foot units of Big Thonpson Project mater as allocated by
The Northern Colorado Water Conservancy District and 5 shares of the capital
stock of The Supply Irrigating Ditch Company.
WFis:bm/sjs
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a ..�
11 •„*1 - ';cw A J }1 r b� .. k 3n '
1PCS- awarded ad 0 `/ .tom es 4 Ig74
L beeps:. Aro40B' IL Ii Item __..-7-
i_
1 I A
II L. A. Hergenreter, la. 6. Lipson and L. B. Luchsinger
. wbaraeaddreesis Hiland Farms, 8459 W. Vassar Drive,
r
II Lakewood ^9t� Hof Jefferson e��
li
_ Colorado , for the at 4
II Ten Dollars and other valuable consideration
dollars, in d paid,hereby edits) and y(s) is 4. I
ilM. G. Linso and Della Linson, joint tenants with right of survivorship
ti
whose ad is 4992 South Xenia
_ City and MIS af
'
. 1 Denver ,and State sf Colorado the �
I . to *in the
qty of Weld :. : ,add Slate of he WS: j
o
,� I EXHIBI. A attached hereto and incorporated herein by reference
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I with snits a and warrant(s) the title to theaters.wlejaet is
of way, rese ations and interests of .record and subject to of Tit da�
May 20, 1972 nd recorded Hay 24, 1972 in Book 668 with Reception Flo. 1590238,
: Weld County, olorado, records; and subject to existing easements and rights of
•
a' way for ditch s ?lid utilities.
O
Sigurd this first -
zn
day d. April 74
M
e-i
All r..
e`a
ell
Li on . 0
ei STA OP COIMIADO. • . :1
0
o County of Boulder
, o
The t _ blstrunient was ac nowledged before zee this ,day of Aril first .
k<trineAp ue .1f174 .by L. A. Hergenreter; N. G. Linsoit and L. B.
aJ: •.,.--••-,~ Y eFrs3 Qd.77 1975 3
V . lee!tA Canninioa ,
:n' ..' � 'Aria,
mart••• _
O
I —If by natant Tern
f or w at y-ba-fa t than�aaE mmb eS pes t Lf
pennon naming it r corporation tom tnort�,of. ei~`,ot:.�'� a�amitte ��.._ t
WEIG:bm CSr c� ��mget- I
i�
.
No.&17.. w.r,,,q Dee
-r1=4' 3 fiuet Rate.4nnur.esi. b .3
_. - AI,:.t..a:. rr:'Y.i ale
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•
is 711 1633400
' a-
EXHIBIT A
Warranty Deed ated
L. A. Hergenre r, et al. , Grantors
M. G.-Linson a d Della Linson, Grantees
• ' A tract of land located in the Southwest Quarter of Section 5, Towoy`a p 3 Nerth,
Range 68 West of the 6th P.M". , in Weld County, Colorado and being more particu-
larly described as follows:
Beginning at th West one-quarter corner of said Section 5, thence South along
the West line o said Section 5, 1113.15 feet, thence 589°52'15"E, 334.49 feet
to a point on t approximate centerline of the Supply Ditch, thence along said
approximate cen rline of said Supply Ditch the following courses and distances:
517°1 '20"E, 182.98 feet,
531°3 '18°E, 514.70 feet,
S86°3 '16"E, 192.33 feet to a point of intersection of the aforemen-tinned Supply D tch and a large eroded drainage ditch bearing Northeasterly,
owing
. thence along t approximate centerline of said drainage ditch the following
courses and dis antes:
N68°1 '57"W, 116.47 feet,
N17°4 '54'W, 94.05 feet,
N43° '24"E, 332.20 feet,
N14° '43"W, 100.55 feet,
N31°1 '34'E, 364.12 feet,
N61°2 '03°E, 73.93 feet, thence North, 922.73 feet to a point on the `forth line of e aforeementioned Southwest Quarter, Section 5, thence S89°58'34"W,1172.43 feet to the Point of Beginning, thus described tract containing 35.000
acres.
k Together with 3 acre-foot units of Big Thompson Project water as allocated by
The Northern Col redo Water Conservancy District and 2h shares of the capital
stock of The Sply Irrigating Ditch Company.
.f.4i .. I'
•
•
•
Wi6:ba/j.s
. .�: i:„.4,:.
Ate' yam! Q
soca B ah at r3 p{jam e., I APR .4 1974
1.1 'Pa'N.---16332198— _ Je ser s
aril
L- A. Hergehreter, M. G. Linson and L. B. Luchsinger L ,
whnheaddrurih. Hiland Farms, 8459 West Vassar Drive,
i Lakewood Count of Jefferson ,State of
`l i Colorado
for the consideration Ten Dollars and other valuable consideration
`- f 410nara, in hand paid,hereby sell(s) and aonv -(s) to
•
L. B. Luchsinger and Kathryn Luchsinger,
joint tenants with right of survivorship
P IC whose address is 8459 West Vassar Drive, Lakewood
CJefferson of -
and State of Colorado the
I folhrwing real properly in the
Cuaab of Weld K
,had Stith of Colorado,to sit.
m
o, a EXHIBIT A attached hereto and incorporated herein by reference
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withal!ita app and warraat(s) the title to the '
of way, reservations and interests of record and subjec � of of Trust rdated
May 20, 1972 aid recorded May 24, 1972 in Book 668 with Reception Ho. 1590238,
1 Weld County, lorado, records; and subject to existing easements and rights of
CN way for ditche and utilities.
6, ,' Signed this first dyed
�1
` ) 74 .
r�
rr -
t.I
in I STATL OF COLORADO, . B. Luchsin
o
of Boulder
• .
o The fore: ihstrnnmat wan
day of April a�wi�IIed before me this first
fr Luchstt er 7# , L. A. Hergenreter, N. G. Linson and L. B. '
My Cora nkstm expires Oct.27,
sad official Beal
. `i -0-44> c e
Btu a . _ NaaesI mena
er b ar m u by bract n or noon tun t amrt am or nun:S! �a
WHG:bm mva"e�a°ese ea..es as a omae ar,rte 'ate +r IMAM M'A"Qr+. f
N4 89i. Warrant, h a...II&1 I C ,
I• Ya IN.1-�anA(yaI F4La,pmg Co.,1tYty Man 6
'rTIA rleae aaa,aQ--e-7,
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17
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...fir 6 a.rai�__�..n.. C J.�s..�•? .r t.d� �� +.ill.•
•
' i11 16333.99
a- a,
EXHIBIT A
Warranty Deed dated
1 L. A. Hergenreter, et al. , Grantors
L. B. Luchsinger and Kathryn Luchsinger, Grantees
�! A tract of land located in the Southwest Quarter of Section 5, Township 3 North,
Range 68 West of the 6th P.M. , in Held County, Colorado and being more particu-
larly described as follows:
Beginning at, a point on the South line of said Section 5, fran whence th_a South-
west corner of said Section 5 bears N89°52.15"W, 1387.15 feet, thence S89°52'15"E,
406.92 feet to the Southwest corner of a tract of land owned by LeRoy Swenson,
thence N14°27'55"W along the Easterly bank of the Supply Ditch, 539.93 feet,
thence S89°52'15"E, 484.78 feet, thence N00°07'45"E, 1241.32 feet, thence
N89°52' 15"W, F902.60 feet to a point on the approximate centerline of a large
eroded drainage ditch, thence along said approximate
courses and distances: p e centerline the following
S61°21'03"W, 155.68 feet,
S31°10'34"W, 364.12 feet,
514°48'43"E, 100.55 feet,
S41°56'24"W, 332.20 feet,
S17I°42'54"E, 94.05 feet,
$68°15'57"E, 116.47 feet, to a point on the approximate centerline of
the aforementioned Supply Ditch, thence along saiu approximate centerline of
said Supply Ditch the following courses and distances:
S86°31' 16"E, 74.63 feet,
S72°16'43"E, 484.59 feet, thence South, 757.28 feet to the Point of
Beginning, thus described tract containing 35.574 acres.
Together with130 acre-foot units of Big Thompson Project water as allocated by
the' Northern Colorado Water Conservancy District and 2 shares of the capital
stock of The Supply Irrigating Ditch Company
1
WHG:bm/jms
- -4—.,
:745*YR"-.' .. T?YC7sZ1F`,�₹-?,rte.rARcasr
Y�a, „�.. • _ :}
F Lam., �,,, aN.
7 .?ia...j;..,r 1 • -
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e
.� 711
_______
BOOK IC " /t tr 0CT 29 1973
.,
- — 702 Beep -on No—.1.62a725- - d1 SIONIER e1
Tins DEED, !l this 12th day et October , = B°ER'S sear
i 19 73,between
p L. A. HERGENRE ER, M. G. LIUSON and L. B. LUCHSINGER, a`
xa
°� r State Docent ay Fee
-" of the City and Cormty of Denver and Staled 1 0CT 2 9 1973 .
Colorado,of the first and s 3.SO , a
J
ROBERT L. HOD SON and DONNA M. HODGSON
•
‘-s
.L'1
ti 1 of the County of Jefferson and Stale at Colot<atl,of the semad part_
re WIT\F.SSF:TII, t tie said pure d the fast - �l .part,for and in coodderatim ef the sum af t+
e, Thirty-five t ousand and no/100 m1*•n--_
:r
to the said part ies of the first part in hand said bjthe said parties of the meal part,the re—...2-
- hereby confessed and acknowledged,hate granted,barmiest say and oaneyd,and by theme -z-
gnat,bargain,sell, nvey and ctmfirm unto the aid parties of the shroud part,their b m mad asra_�
in tenancy in coma but in joint tenancy,all the following d eset,ed lot or panel of land,eta, Is-S„ _, .
being in the County of Weld ;yd State or(tai o,to vii:
N LEGAL DESCRIPTION .ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE 4,,,,
N '
O
O
together with 1 share of the capitol stock of the Supply Ditch Company
I and 7 units o water as allocated by the Northern Colorado Water Conservancy
District; and TOGETHER WITH all oil, gas and mineral rights as owned.
I.
TOGETHER wit all and singular the hereditamests awl appurtenances Senate belonging, or in anywise
appertaining. the re -en and reme sons, remainder aid remainder%rents,arms and pteftts tbsmf:and all tin
estate, right, title, in claim and demand whatsoever of the said pat ies at the first part,either in law or .
equity, of, in and to a above bargained praises, with the I tammts and appmt cn.
- .
TO HAVE AND HOLD the said raises above bargained and dos erled,with the appurtenances,unto the mid . {
r- parties of the Maud their heirs and assigns forever.And the aid parties of the fiat part,far them .
selves,t he i r heirs, ;tutors, and administrators do covenant,grant,bargain and agnse to and with the
said parties of the ed part,their heirs and assigns,that at the time of the receding and delivery of these prea-
eats they are seiz-well ed of the''p'iem rare,ises above conveyed, as of good, e, perfect, !absolute and indefeasible • ,
estate of inheritance, law,in fee simple,and have good right.full poser and lawful authority to grant, bar-
.
,vin, sell and convey same in manner and form aforesaid,and that the sae are free and dear fns all former f
and other grants, sales, liens, tars, assessments and encumbrances of whatever kind or nature=ever.
EXCEPT general axes for 1973, due and payable in 1974; and EXCEPT easements and
rights of way o record.
and the above bargain premiss in the quiet and peaceable possession of the said parties of the second part, their
heirs and assigns,a ' all and every person or persons lawfully claiming es to claim the whole or any part thereof,
the said part , o the first part shall and-will WARRANT AND FOREVER DEFEND.
IN WITNESS REOF the said part ies of the first part ha ve - bee mmta a the i farads and
seals the day year first above written
'
Signed.Sealed and Del vered in the Presence of '1 •ls -1--n-,- : '
.__. _[SEAL]
J.-7Y i..:-.cl _LI
��/�' -S..:_?. N+ti) _[SELL] '
STATE.O,P..----
1' ADO, ss !i "'� y' !1 /J, ~.7f1 _1_[SEAL]
"the fo inq erne was acknowledged ln
efore me this /y' ' i day of", /C
' rah+ !-8V, �Y /. �.. l�.t c L, ,
19% I
Est downer nion Iles. '.-, , 19 ` -Witness my hand and official seal,
v
?: z
rt - ;Ware
No.921. WARRANTY D ED—To few reaaatt—Readfond Pablbhua Co-rtes-41 stoat Street.Den.Colorado-2-72 4f by natural per-o or persons here Insert name or names: if by p'swr•n acting in representative or official tie
:,ttorney-In-fact, then in rt name of person, as executor, attorney-in-factWelty or r-
trosition. then Insert narr of Huth officer or officers as the resiret or other or others of opacity or rporrapnon; if by officer of tor-
Je,nntrledg,nrnt.Sec. 11 -C.1 Colorado Rev:std Statutes 19:3. - r officers of such corporation. naming lc—Statutory ,
•
—L. 1
It- • __ r}r as acba{ n rc-.ra•c;dir. --or5'vin! o^._qtr Cr '-'-"--t-s-1''facq _
I. J a aer Ca aetr . .es, .1 hi .•f .z ern. .-.,a.�._ — -
4
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STATE or
C0UTITz ar 1 0MW
sse
The fo instruseat vs aiEd before 4 this 25th
. :- v�1977, Dorothy deo ae, a Sir fret
e ,
":d 0 i 4 Lact and official twat
•
'_ ' U S,. Ssi expires: Jwt ?t., 197!
p 4T
et c0`3
-7a-c4. ',is, B+,c.< Y '✓t_/
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Bern i.d at _.. o'clock/#:31., Mn I, .
h
M 2,,n.e - : 1613469 -
. _ - . Recorder. - .-1
THIS D£E . Made ::LL 26th day ofApril .0.
� 5 � � is J' FILING.3T:1\IP
I I LenreenB.
A. Hergenreter, M. G. Linson and
tichsinger I
1 tcr-
&C�art: "'s
• ,lf? p
I of!he Cit and Coco of Stete Doctirrrierttery �� �;.
I 'S Denver as Star of D„� SAY-.13-19.73_ 1
Co:o.�do,Gift?
fu.t par and Le LeRoy/H. Swenson andp
Helen Swenson fe, ------It.t2- I'
stn ] s
1 ;;
'k' .a of the Cuant Weld nd State of
„f
1: :--t Colorado.oft second part-
l'
an
i, •
.4 tams .Una the ail
w party of the first par for and in en.eaderation of the soma of Eighteen I'
s ®,. Thousan Tram Hundred Thirty Two and no/100 °
al
zed rahnthie o a d eat ether
adth tyre: corsdeaatims to the said party of the first part in hand paid,by the mid IIe of , nt
pt whereof is hereby confer: ed and ads.
a s,- d these granted. bargained, sold errs conveyed,
prcar3s..k s raci. harSail sell emtey a-.d .zafirrt gets. the said parties of second part, their , 0
forr_er. not n terry in coca a hat u, ieitq term-y, all the following deceribed lot or
J
hem and a,`
,. L pared nt hat.sear., !wine and being in the •:a and rty of weld
of Colorado,to wit: State
ri
. Parcel B according to the recorded plat thereof, and described as a -Ch-0: tract of land located in the Sl:k ofSection 5, T 3N, R 68 W of the _6th P.M. more particularly described as follows: Beginning at the-.
}? Southwest-corner of said Section 5, considering the West line of said Section 5 to bear North with all other bearings relative
thereto, there 599=52' 15"E alo the South line of said Section 5, 1
1'9&.07 feet, thence \lr`27'25"itn, 31.00 feet to the True Point of
. Beginning, said True Point of Beginning being �t•h�e intersection of the Northth��ht of way line of County Road No. 33e5s(Conttlnoeed -on reverse side.) ;a
with as smtgaln die icaoiraln ed and as
at-longing. or anywise
a *tainL';rj the te.asas and arias. ..—.-.a.. m,. ..�,_...,;°-s- rem, lr`•:as and. profits thereof;' and
. a9 the mate-tight.title.Etat ca.and dead tr,,,er.,r of thz sad ;arty of th Ern par either in law or •
ealtst e.of,in rd is the there taraed ream salt the be^e. :ataats and anierm taaces
TO BASE MD TO BOLD the said palms aoere ea-gad and des-.bard.teal.tt..- appurtenances.unto the
s said path=of the aced part-trey as rod=as fe a+er_ A d the et.r =sty of the:her'part for himself.his
hers. eret tats. roar .�snritat a.does ewe= . �•• barge. and -
atcttr.r to and a:;h the said pa-ties of the
sad pat tA=_r tans and assigns.tsar at the Moe if the re...°,--S a=delivery of these presents,he is well seized
et the alas abtse aced.zs af eta are.paedeeq a.`aatxe art inde[easaie crate of inheritance. in law, in
t foe af:aie_and has glad rickEelgamer sad hula andsiziry to gm=barpear.-sell and many the sate in manner .
P' and fa a`scor ii ad that tie»e are free sad clan fa all fan r other
er grams- :crams, ales, liens, `
•
teas asa®t•sad easl� m anon el non kid c t�a_e a aeaer.
! Subject to general taxeslassessments and water fees and charges for .
'+ 1973, rights of way for county roads, all existin4 ditches, roads,
? utility installations, pipelines and rights of way and easements
itherefor, Oil and Gas Lease recorded rail 2, 1971, in Book 643 as
Reception Co. 1565042 in Weld County,Colorado; further chat the
parties of the first part reserve in themselves their(Cont,. on revers Side;
..S.; aid tie date fcega d pacifies in to et cod pc'oea_°de posers,¢:of the sad parties of the accord part, the
k satvi ow of then'.their age.a d the bean and alas et lath array¢,against i1 and a eny person or persona
fi
is f Lowest" sr+zaw ea coca the whale sr uy part deased,ear raid pa_-er raw'*the List,win shall and rail WARRANT
N . . AND FORMA I'B}UD.Memay; roles a3z9 a.d-..de the:.cr-3 the p.cnal the sngt.and the tit of any .
mater=a9`s agyticede is art
' IX IFIFN R WHEREOF the aid lay ed the fan pan t-as°nenrinn.etc ?u; srA and sal the cla nit year
' : first aletemiazo.
•z nosh Sealed rd f.ti.ntd=the Renrece 4d J.. „ 77 L-c..--C- -2 '_-.C._ [SEAL]
•
J
_ -Ca (1..,"‘ T-/:--r [SEAL]
,(2ri--c t >- -c t.1/ ..[SE:AL] .
_tklEOF COLORADO. ,
City and cayyor Denver
. Me onrcaor stktri.Brtr1 scat adaa.7e8 ed Seine me t'_a. .a et_ ... • •
++ . - _ l7 7_.
bp. - r .-. ---``- -
My Ccecairszaa entree i - f- • 1_ rra7sAaR '
> as sit x-y'
i, w
Q • ate
_a. . . J i/. - 3't. .V
Na ut.l raaaxn tnillit—n Jam ltia.-a,.ldod ar+atcaa a.Ma-al Sow Snot Dana.Colas
`ir to oat a taco.Ion seat a a a®-n lo pen cacao a r,;Tho;Thor T, lol a �a ora Laura
Coast
mvar-sM m oan=r err s amea.as d b of Tr
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_O Recor ed'at /. _.. o'clock,., C �i., ..:, ......... JUL 2 7 976,..,-,
NO 1761564
Recep 'on A0..- MARY ANN FEUERSTEIN
._... .., .Recorder. _
The printed ._ r
portion.t of o. form approved by the
Colorado Reel Estate Com baton UGC 32-10-75). T- /
.. State Documentary Fee
- INSTALLMENT LAND CONTRACT—RESIDENT, LD JUL 2 7 1978 -
(Buyer pays Taxes and Insurance) ate `
S _7_ Yl) i
�- THIS CONTRAC made and entered into this 30th ,
.� _— June - - ;
u\ Richard L ue .. h> :nod .t r,•,,,, I
rA
J_ eller_ and Loraine M. Mueller
,p and _ Thoma TG Trostel -
r--- hereinafter called Puri hose'.las joint tenants with right of survivorship'I.
ei
;, _ .I. WITNESSETH: {� to
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� In consideration o the sum of S 18e 50Qs00 in the Corn,of ,a check !i
by the purchaser to t e seller, as part - m h:uul paid ,n.
N payment for the hereinafter described property, receipt of which :, hereby u acknowledged and in ur'ther consideration of the mutual coten,I,is hereinafter _. Lc
LC follows: -et froth, it r.. agreed and -ta Lv1 .a�
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f .
1. In accordance -ith the terms and conditions hereinafter set forth.seller agrees to sell sand.Jpui-chaser;agn.•,
= to buy the following d scribed real property situate in the _ __ , er3
1� A tract of is d located in theCounty of - _ _. -
SWk of Section 5, Township 3 North, Range 68
I N' WEar•of the 6 h P.N. , Weld County, Colorado. being more partictilarly described ro
{. as follows: r-
_:
-,
Beginning at he ,Wk corner of said Section 5, thence South along the West line N
of said Sects n 5, 1113.15 feet; thence S89'52'15"E, 334.49 feet to a point-on the approxima e centerline of the Supply Ditch; thence along said approximate centerline of said Supply Ditch the following courses and distances:
i S17'19'20"E, 82.98 feet, S31'39'18"E, 514.70 feet, S86'31'•6"E, 192.33 feet
to a point ofintersection of the aforementioned Supply Ditch and a large
eroded drains a ditch bearing Northeasterly; thence along the spproximate
t centerline of said drainage ditch the following courses and distances:
\ N68'15'57"W, 16.47 feet, N17'42'54"14, 94.05 feet, N43'56'24"E, 332.20 feet, ,
N14'48'43"W, 00.55 feet, N31'l0'34"E, 364.12 feet, N61'21'03"E, 73:93 feet;
thence North, 922.73 feet to a point on the North line of the aforementioned I
SWk of Sectio 5; thence S89'58'34"W, 1172.43 feet to the point of beginning. .
TOGETHER WI all ditch and water rights appertaining to said .
property in luding 30' acre foot units as allocated by the Northern
Colorado Wa 'er Conservancy District; 2 1/4 shares of capital stock •
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I in the Supp y. Irrigation Company, 2 1/2 shares of capital stock in ic
• Howard Late' al Ditch; EXCLUDING 1/2 of the oil, gas and other minerals
and mineral' rights therein and thereunder; fl
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1' 13095
1yp,w + - ;t N __._. MARY, ANN FEUE STc'IN J
t o7.1 MAR.r7 a......... �Il/1 .......0... ..Recd der. f�/
$aordea at._..�___.._..oetock.. ...hL, O 1977 '
In
Tins' DEED, Made this first / day a March RECORDER'S STAMP
19 77.between l
MN
M. G. LIN N and DELLA LINS0N,
`. husband d wife 0
CA. •
State Doctmietltary Fee '
to of the
�co�t,of Latimer and State of Date_... MAR 81977 •
' , MUELLER
- RICHARD L. LER and LORAINE M. — _• of the '•
Coonty of Weld and State of Colorado,of the second
that the raid part ies of the first part,for and in consideration of the sum of rt.
,r • F FTY THOUSAND THREE •
C2
HUNDRED
p DOLLARS, p.
to the said part i S of the past a hand P•
0
hereby first paid by the acid parties part,
confessed an acknowledged,ha ve p es of the second art, the.resent doereof is 0 sells and confirm granted,parties sold and conveyed;and by these presents reo O
[-ft
in tena*y7� in¢¢ma �paC�fa joint unto the said parties of the second part,their heirs and assigns forever, not
in tenancy,all the following described lot or parcel of land,situate,lying and County of Weld and Sate of Colorado,to wit:
A tract of land loco ed in the SW% of Section 5, Township 3 North, Range 68 en
Nest of the:-6th P.M. Weld County, Colorado, being more particularly described m
as
w
Eeginning at the FDc orner of said Section 5, thence South along the West line
of said Section 5, 13.15 feet; thence 589°52`15"E, 334.49 feet to a point on 1',Lthe approximate cen rline of the Supply Ditch; thence along said approximate
centerline of said S pply Ditch the following courses and distances:
S17 19 20"E, 182.98 eet,-S31°39'18"E, 514.70 feet, S86°31'16"E, 192.33 feet: to a point of inters ction of the aforementioned Supply Ditch and a large
'eroded drainage dit bearing Northeasterly; thence along the approximate
centerline of said a ditch the following
N68°l5'97"y 116.47 courses and distances: '
f t, N17°42'54"W, 94.05 feet N43°56'24"E, 332.20 feet,
S N14°48'43'41, 100.55 f t, N31°10'34"E, 364.12 feet, N61°21'03"E, 73.93 feet;
b thence North, 922.73 feet to a point on the North line of the aforementioned
St$$ of Section 5; thence 589°58'34"W, 1172.43 feet to the.,point of beginning,
together with all ditch and water rights appertaining to said premises
including 2 1/4 s res of the capital stock in The Supply Irrigating
Ditch Company and 30 acre-foot units of Big Thompson Project Water as
allocated by The orthern Colorado Water Conservancy District.
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ep°s;9-t 1723095
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( complete legal description attached hereto )
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TOGETHER with all and singular the hereditaments and appurtenances therewith belonging, or in anywise
V•-- appertaining, the Son and reversions, remainder and remainders, rents,issues and profits thereof; and all the
estate, right, title, . threat, claim and demand whatsoever of the said parties of the first part,either in law or
ba 03 equity,of, in and .. the above bargained premises, with the.hereditaments and appurtenances.
TO HAVE To HOLD the said premises above bargained and described,with the appurtenances,unto the said'
parties of the second part,their and assigns forever. And the said parties of the first part,for them _.;I
selves , their executors, and administrators do
cn the said werides of a second part,their heirs and assigns, mcovenant,a ensealnt, ngba and and agree o to and with
mu ey areseized of the re that at the time of the cascading and delivery of these Bible
'C•r't estate of inheritance, premises above Conveyed, as of good, sure, perfect, absolute and indefeasible `
a talker the samaw,ine in manneree ,and have good right, full power and lawful authority to grant, bar-. •
gain, sell and eon° and form aforesaid,and that the same are free and clear from all former
-L13° and other grants, • sales, liens,tares,
C • ubject to 19 7 taxes which assessment
teesa assume ttby reason s of whatever a of d or nadjustment;
o ° ub"ect to ri hts of way ,
o 0 and easements of record; subject to ten
go grighpt ofway to construct and maintain water main; subject to •"d ilia'Lhenabodtr s eil 4T .recur '
Premrsea m the q°-et and peaceable possession of the said parties of the second part, their
C.)R7 heirs and assigns, all and
t•]..0the said part ies of the first part
person or persons lawfully claiming or to claim the whole or any part
thereof, '
WITNIFSS EREOF th part shall and will WARRANT AND FOREVER DEFEND.
en N s Di eal e said part ies of the first part have
00the and year first above written hereunto seithe]-rbend s and
I—I Xi
t. Signed,Sealed and Delivered in the Presence of �'�` /':,.�.
m nson, Shand [SEAL]
m •Id G y_...,:4 t''7"
o _.�--------_--- __-_ Della LYnsotY, wire
[SEAL]
0
oi
.—I STATE OF COLORADO
[SEAL]
te
a1 Boulder
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The f `
d 19 7], f acknowledged before me this first day of March
ar G•\L �o and Della Linson, husband and wife
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My eor3miafia]," —
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Si _ ti, � l2Ltt� .197, • Witness my hand and official seal.
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slaty C/A - SIP M..2 .< ,i6-,I.... Notary wane.
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No.921.Waalaterr p® is meat Tara--Bradford PuWhhiaa Co..183446 Stout Strat,Dram.Colorado 1673-50111 —10.76
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TOM TROSTEL
CUP-39:78:8
SURROUNDING PROPERTY OWNERS
November 15, 1978
L. A. Hergenreter
7429 S. Co. Rd. 5
Ft. Collins, CO 80521
Robert L. & Donna M. Hodgson
c/o 1st Natl. Bank
P.O. Box 209
Longmont, CO 80501
L. B. & Kathryn Luchsinger
2013 Constitution
Ft. Collins, CO 80521
Mile High Sod Co.
761 — 9th Ave.
Longmont, CO 80501
Abraham & Delores Drieth
3768 Weld Co. Rd.-31
Longmont, CO 80501 --
Eugene H. Mast
P.O. Box 626
Grand Junction, .00 81501
SE6 - 3 - 68
'r(aa7'E2Tst _ _*65 E-,!Ac CN- ' CUfP. 39 ' t5J4 S -3 -68 _
✓_NrR_GE!u � c"[eR ,. _-L._ A--• _ _- - - _ -- - -00 -042
Co 712.d - #-s - -- - -- '?--S2 S'3 - 68 - -
6k t-- Coll &LS .CD=-- - 'QS_-a-( -- -- - I7na030
__1/- Hope soo_ r-43eaTL. :, M - - --IZ07. - 0$-_0-06 - 037 -
OK_ 1 NP-rL-- ►SANK — ------ - - - - - - -- P? -sw4 --_6 -3 - 68 - - -
-?o . 30x- -'a09- - --1_4 '-3775 -
Lo nl G nno Anr — - - - - -
A_ ✓ L. U C H 51 g__G,f, L. i3 - f .k47_a►-2y n) — I Z o_7- 0S--0-0 0-t 043 )e
.9013 (� �� I o2 Pz!Sw 4 5-3=6$- - - -
- -C- F - ' C.L± rcis-I- C 20S - - -- X43334 _
- - - - - - - - - --- - --- - ---
01C miLL^ LLG Scp-CD - - !2 o7- OS -b_-oo -o57
- ✓ - ���- �UL - - - NW ¢--5---3 ` 4 -- -
- L o AJG Ai onJT Cn • !-7 6_53 17
_-- DR6E-T_I+,- All_FtsAmM_%__0eLORBS- __ _ _____ - Lz.67 6-b'00-0/s
- - E4N3.s54- 6 -3-88
_ Lo i/L5 O. 1 _ 1657134
- - /VIHST,_E_U_Glei1_ y _ _ _ -I__ao7 - 06-6 -60 -667 _ _
- D`U p.o . adx6?62 s -2sc¢ 6- 3-68
- Gi≥.AND 1UNctiON_• -Co. - 1442&65 - -
- - - 81Sdt - -
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SECTION FEET 660 L 1320 1980 2640 3300 3960 4620 5280
QUARTER FEET 330 660 990 1320 1650 1980 2310 2640
80 SCALE .
40 SCALE •
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"T'.'.f.'r Y'." .i ,'°'{.;'a,i': "»'�� f ,^t. T�P' - S".' 'C'a it1.l 'i -e, . `1`f3' . .n 1' 7'�?'� .•+. ^wF � "1t'n.,. "�Z < .�;,�7 �r'1.. ,i: 'S �;:.0`.� � f. < �.+1^. . .,�„ :.e' .fiCy'T,3.,i't.
SCS-CONS-18 - ...
OCTOBER 1974 - U.S.DEPARTMENT OF AGRICULTURE
MAP
SOIL CONSERVATION SERVICE
SOIL MAP
Owner Tom Trostel
County We1d Operator
Soil survey sheet(s) or code nos. State, doApproximate scale 8"
p
Prepared byi U. S. Department of Agriculture, Soil Conservation Service cooperating = 1 M
Ii with I Lon mon t
Conservation District
PNdfiSed/17442e-
/5" v y' 1 ,4,Jd XYa. s _
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SOIL CONSERVATION SERVICE
RE : Soil Sury y and Interpretation DATE : /o — S/— ?Y
TO : h0yG/i7 .v 7— ATT. :
Soil Conservation District
Gentlemen :
I wish to request your technical assistance to supply me and the
Weld County Planning Commission with a soil , site and land inventory
interpretation of land which t own located as follows : ( Please be
specific - show legal description attach sketch map , if necessary . )
thle stoy,/ • S— 7-T/v) RR 6 g1,0
My intended use of this land for which I require soil information is :
1 . Mobile home sites
2. Septic tank filter field
3 . Homesites
4. Animal waste sewage disposal system
5. Other
I understand that this soil survey and interpretation is intended to •
assist me in gaining knowledge of the physical features of my soil
and does not necessarily replace on-site investigation or tests for
special physical hazards and/or design or constitute any type of
official approval or disapproval for a proposed land use .
Sincerely ,
Ci M-o TFL
Name
Approved for Technicalw-' 1/
Assistance ( if applicable ) Ad ress `\
1.04/6 Frio,tYrj ('e Lo J
776 — a72
uperviSor Phone
FILE CONTAINS
OVERSIZED MAP
PLEASE SEE ORIGINAL FILE
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