HomeMy WebLinkAbout760563.tiff FINDINGS AND RESOLUTION
CONCERNING REQUEST FOR RECORDED EXEMPTION
PETITION OF GEORGE WM, ZEHENDER
The petition of George Wm. Zehender, Ft. Lupton, Colorado,
requesting exemption from definition of subdivision or subdivided land pursuant
to Section 9 of the Weld County Subdivision Regulations. The parcel in question
contains approximately 102. 72 acres of irrigated agricultural land, and Mr.
Zehender desires to split off from said plat a parcel of land containing 5. 000
acres; said parcel of the whole, being more particularly described as follows,
to-wit:
That part of the Northwest Quarter of Section 15, Township 1
North, Range 66 West of the 6th Principal Meridian, Weld
County, Colorado, described as: Beginning at the Northwest
Corner said Northwest Quarter (NW4); thence North 90°00'00"
East on an assumed bearing along the Northline said Northwest
Quarter (NW+) a distance of 1326. 75 feet to the Northeast Corner
West 1/2 said Northwest Quarter; thence South 00°07'05" West
along the East line West 1 /2 Northwest Quarter a distance of
269. 90 feet to a point 15. 00 feet more or less Easterly of the
Center line, Brighton Lateral Ditch; thence Southerly along
a line 15. 00 feet more or less Easterly said Center line as
follows:
South 43°26'40" East, 137. 18 feet; South 54°25'34" East,
195. 78 feet; South 33°10'27" East 92. 17 feet; South 09°58'
27" East 935. 29 feet; South 04°08'27" West 139. 80 feet;
South 09601 '19" East 124. 30 feet; South 18°42'52" East,
329. 36 feet; South 02°45'40" West, 79. 15 feet; South 27°03'
11" West, 309. 16 feet; South 40°33'56" West, 141. 22 feet;
South 24°02'30" West, 147. 37 feet to a point on the South
line said Northwest Quarter; thence North 89°56'30" West
along said South line a distance of 1612. 49 feet to the South-
west Corner said Northwest Quarter; thence North 00°02'00"
East along the West line said Northwest Quarter a distance of
2650. 45 feet to the point of beginning.
Subject to County Road right-of-way and subject to right of way
for the Brighton Lateral Ditch, EXCEPT, reservations as
contained in patent recorded in Book 153, page 40 and in Deed
recorded in Book 157, page 14 of the Weld County Records.
Contains 102.720acres, more or less,
came on for hearing on May 3, 1976, and the Board of County Commissioners
of the County of Weld, State of Colorado, having heard the testimony and
evidence adduced upon said hearing and having considered the testimony,
evidence, remonstrances and recommendations of the Weld County Planning
Commission filed with said Board, and having carefully weighed the same,
now makes the following findings:
1. The evidence discloses that the applicant failed to sustain the
burden of proof as to the need for a recorded exemption, and that good cause
has not been shown why such exemption should be granted as required by
Section 9 of the Weld County Subdivision Regulations.
2. The evidence discloses that the proposed land division is not in
conformance with the intent of the recorded exemption procedure which is
defined as "a means whereby nonproductive agricultural lands may be de-
veloped for higher or more productive uses, insofar as such uses are com-
patible with surrounding agricultural uses in areas where such land divisions
Cc/- /)c6 ow-3 6 7.5-cDo3 760563
are proposed".
3. The evidence and investigation show that the property in question
is composed of good irrigated agricultural land.
4. The evidence discloses that the proposed land division does not
conform to the Weld County Comprehensive Plan in that it promotes non-
agricultural use of agricultural land.
5. That each of the preceding findings in and of themselves and
independent of each other constitutes a separate and individual ground for
denial of a recorded exemption under Section 9 of the Weld County Subdivision
Regulations.
RESOLUTION
WHEREAS, the Board of County Commissioners of the County of
Weld, State of Colorado, has heard the application of George Wm. Zehender,
Ft. Lupton, Colorado, for a recorded exemption under Section 9 of the Weld
County Subdivision Regulations, of a parcel of land as hereinabove recited
and made a part hereof by reference, and
WHEREAS, said Board has made its findings on the evidence and
testimony submitted to it, which findings precede this Resolution and by
reference are incorporated herein and made a part hereof, and
WHEREAS, the Board has carefully considered the Petition, the
evidence, testimony and remonstrances and the recommendations of the
Weld County Planning Commission and has given the same such weight
as in its discretion deems proper, and is now fully advised in the premises.
NOW, THEREFORE, BE IT RESOLVED, that the petition of George
Wm. Zehender, Ft. Lupton, Colorado, requesting a recorded exemption under
Section 9 of the Weld County Subdivision Regulations of a parcel of land
indicated above be, and it hereby is denied on each of the grounds set forth
in the Board's findings therein.
The above and foregoing Resolution was, on motion duly made and
seconded, adopted by the following vote on the 5th day of May, A. D. , 1976.
c,77 �' BOARD OF COUNTY COMMISSIONERS
AT TEST: .AL/ "�)° WE D COUNTY, CI •ORADO
Weld County Clerk and Recorder vr,v , J c,c
and Clerk to the Boa ,
&y 'a ty. .,A a f 2 la,
1 Deputy Coun3lerk -,---2_4 afro/
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PROVED AS TO FORM: __. _.._.__ 1t,y > . ( ( as J. r L .
,,,/,„," I t `f ✓". .t�� 7?''. �/f L;t>J7Lt 'G LI t 1
Special Le ~al Counsel ` /
-2-
RECEIPT FOR CERTIFIED MAIL-30 (plus posta,
/ SENT TO George Wm. Zehender POOR N
DATE
STREET AND NO.
3982 Weld Co. Rd #31
P.O. STATE AND ZIP CODE
Cr)Cr) Fort Lu to 5/6/76
OPTIONAL SERVI ES FOR ADDITIONAL FEES
CO RETURN 1. Shows to whom and date dell 154
RECEIPT With delivery to addressee only 654
III 2. Shows to whom,data and where delivered.. 354
SERVICES With delivery to addressee only 854
_ DELIVER TO ADDRESSEE ONLY .... 504
Q SPECIAL DELIVERY (*Nero{w required)- —
Z PS Form NO INSURANCE COVERAGE PROVIDED— (See other side)
Apr. 1971 3D00 NOT FOR INTERNATIONAL MAIL *GPO:1971 0-460-749
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PS Fong 3911 1M. 1975 a.
Erco eoso EXEMPT/o/. /a 1471- 5-3-RE203
LEGAL DESCRIPTION
Thal /car/ 0///7e NGd%4 Sec. /S Township /4or/h, "Conga 66 Wes/ of the 6 M /Ainc, a/
Mer/dion, 11/441 nun/e.,, Co/or-ado, described as : Bey/nnrng of the NW Corner said
A/W 1/6/ /hence N90 00'00"E on an assumed bearing a/on9 the North/the said NW%
o distance of /376.75 feet to /he NE Corner Wre said N/1/%f; thence SOD°07'O5W
a/oneqthe East /the W%= NW%4 a distance of 76990 fee/ to a point /5.00 feet more..
or /e - Easter/y of the Center /the .f3righ/`on La/era./ Dii'ch; thence Souther/y a/onq.
a /the /500 fee, more 0r/455 Easte Phi af said Ceti/er/.rte as loo/lows:
S 43°26'40"E, /37/e feel; 5 54025'34"E, /95. 78 fee/; 5 33° 10' Z7"E 92./7 fecf;
5 09°58'27"E/ 935.29"eel; 5 O60O8'77"/i1/ /39.80; g 09°O/'/9"E /24.30 feet
5/8°42'52"5 329.36fee% 502°45'40/W, 79/5 feet; 527°03'//"W, 309/6fee/
5 40°33' 56"W, /4/22 feet/ 5 24°O2'?Or kV, /4737 fee/ to a paint on /he 5eic'M /ii7es
sold .AI W1/4; thence N89° 56'30"W a/on9 said 'South /ine a distance of /6/2.49feet
/o /he 5W Corner said NW/4; /hence NOD°02'00"E a/on9 /he Wesl /ine said/
NN/%4 a distnnee o?/ so 50. 45 fee, to //7e porn/ of be7innin9.
z-2,,,,,/,Subject / z-2,,,,,/, Road right of watt one/ se./eject' ,o riy4/ ol/ way, for
lie .tng4/an La /era/ Di/eh, EXCEPT resevvo///ons as con/ainea/ in pa/en!
recorded /r7 /34,04 /53, page /0 and /n Deed recorded in Boo/ /57, ,aa9c. /4 o c
the Weld Coun//y £ecarc/5.
CO/ /0/ns /&Z. 720fleres more or fcss. Jnc/odes County Rx+ci R,gAf of Way. .
,'
Noitb Lint NW%f Sec/5 ,l/ \
I I Nw�Nwystat/5 Co. S N/0 }}
--j T//II: e w N90°°°0°"G13n.75— N�.W'/*N4//4 [[�� I, George William Zehender being
� rr-SI143'-- rL} G93.00'— — - - ,44e sole owner in fee of the above.
130' Lay e930 //rat 1 r
'. 4 4 tip:, described property do hereby d'viede
%orA -41.:i ..
N '� V"o //7e '-ine as shown on the aitocbed
,.. 5OoAcres a ma G51(144;-‘a,
!\ IIx.G..to(.eoy,! $ s 43°lc'4e'L/me •
p,.`
3 R, I.4- 517.43' r
Vii I 490'00'00^W 650t`'y4E/7576 Gear ?i William Za e der
c 1 I ,so. s 5rto'tr•E 9t/7'
� •v s'•.I.--- The foregoing certif/cation was
se oc.cnow/ed9 ed be frs re ma /hie
N 17" day at +�`• A.O. 1976.
Sower /ine % My co/mist/osier expires
s A 2e4err,.!,c 074 .. /f74-
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�� 2-ne/w':ny Co. tot t.o.W. V .� _ ...
ST 3 Cattier Ime O'o+ r CS,0 I r l 504°08'27"W /j9.t0'
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N el• 56'30"W /6/4.49' I�l/ Cs.a/ye! 6suMtr.r0 NW/ - —_—JL_ — _ _ —
peAte- —I 0 1°e 300 00o 2! I Z2 23
/"- Soot V/C/N7ry MAP
I hereby certify that this p/o/ was prepared .State /"=3000'
under my supervision and /hoe Me some is
carnet /o the hes/ of my Know/edge and
belief
ClItlitft i 62.7 iii, c4-.
Edward Lind/ Jr Reg PE. se L.5. No 2730
tm , 4,:,;
' t' �t'�yr 'I The accomponydn plot is aece,a/ed
i "& / Ip cand approved far fi/thy.
ft
e '° ' i,9 Chairman of/he Boordo/Cons/ &m sissiosees
»e.,:I s I,n c ' Attest. County C/er.R and Recorder
/
''"I,C14.',74.11'.,74,7,'.1 . dy Do fed
OFFICE OF THE PLANNING COMMISSION
%Wir
GARY Z. FORTNER
DIRECTOR OF PLANNING
t alp"
PHONE (3031 353-2212 EXT.227,228
1516 HOSPITAL ROAD
GREELEY,COLORADO 80631
C.
COLORADO
April 26, 1976
Board of County Commissioners
Weld County, Colorado
1516 Hospital Road
Greeley, CO 80631
RE: RE 203
Dear Commissioners:
The attached application, plat and related items are in reference to a
request, by George Wm. Zehender, for a Recorded Exemption. The parcel
in question is described as part of the NWa of Section 15, T1N, R66W
of the 6th P.M., Weld County, Colorado. Said parcel is located 2 miles
south and 2 miles east of Ft. Lupton, southeast of the junction of
County Roads 31 and 10. The subject property contains 102.720 acres.
The request is to split off a 5.000 acre parcel with improvements from
the remaining 97.720 irrigated acres which would be left without im-
provements. Mr. Zehender's intent is to sell the 5.000 acre parcel with
the improvements and retain the 97.720 acre parcel .
He would rent out the 97.720 acre parcel for agricultural purposes until
a later date when he could return to this land and presumably build a
new set of improvements.
Based upon the information submitted, the Planning Commission staff
recommends denial for the following reasons:
1 . The proposed split does not comply with the Weld County Com-
prehensive Plan because it would promote non-agricultural use
of agricultural land and it would encourage urban encroachment
on rural land use.
2. The recorded exemption request is not in compliance with the
intent clause of the recorded exemption procedure (Section 9-2
of the Weld County Subdivision Regulations). Said clause states:
WELD COUNTY COMMISSIONERS
JUNE STEINMARK VICTOR JACOBUCCI
NORMAN CARLSON GLENN K.BILLINGS
ROY MOSER
Board of County Commissioners
April 26, 1976
Page 2
"The intent is establishing the Recorded Exemption
procedure is to provide, in accordance with the
Weld County Comprehensive Plan, a means whereby non-
productive agricultural lands may be developed for
higher or more productive uses, in-so-far as such
uses are compatible with surrounding agricultural
uses in areas where such land divisions are pro-
posed. (Rev. 4/17/74)"
Soils in this area are Class III and IV. The granting of the
recorded exemption would allow for the conversion of productive
agricultural lands since a new set of improvements would be
allowed on the 97.720 acre parcel .
3. The recorded exemption request is not in conformance with the
intent clause of the Agricultural Zone District (Section 3.3(A)
of the Weld County Zoning Resolution) which states:
"Intent - The intent is establishing the A-I Agricultural
Zone District is to allow all agricultural and related
uses in those areas in which agriculture is and should
continue to be the predominant land use. This district
is intended to discourage encroachment of imcompatible
uses upon the agricultural land in the district, to en-
courage 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 ex-
pansion of urban growth in conformance with the Weld
County Comprehensive Plan."
The request would not be encouraging agricultural uses as the
highest and best uses, it would not be providing for the orderly
expansion of urban growth, and it would be breaking up a large
block •f agricultural land.
R .pe-tfully,
Thomas E. Honn
Zoning Administrator
TEH/KBM
pmr
Enclosure
APPLICATION FOR RECORDED EXEMPTION
Weld County Planning Commission-353-2212 , Services Building , Greeley , Colo .
FOR PLANNING DEPT . USE ONLY :
LAND CODE : CASE NO :
T : S : 1 /4 : DATE : 3)3vJ7t 0/,
LEGAL DESC . APPR : APPL . FEE : $50
APP . CHECKED BY : RECORDING FE'E :Jz
DATE SENT TO BOARD : RECEIPT NO . : C7h ,2 7 •
DATED FILED & RECORDED :
TO BE COMPLETED BY APPLICANT : (Print or type only except for required
signatures ) :
I (we ) , the undersigned hereby request that the following described prop-
erty br iec. 4 ;na ;cd a recur : it oxempt-- on y toe Weld Co: • ty Re, r6 of Co. ti
Commissioners : LEGAL DESCRIPTION :
That port of/4e 44O'4 See. /5,Tawnshio /Nor',4, Kong. 66 Wes/ of fife 660 flrne,cw/
Herdion, Weld Coan/q, Colorado, desern6ed as : aey,iin,n9 of the NW Corner said
Ni'/%s • Meats N90 04'00"E on on assumed heoiin9 a/on9 the North/ine said NW%a.
e drs/owes of /316.75 fee/ /a /he NECornor W5'z said NK/%f; /hence SOO'07'05"W
alen9 /he roe, /ins W%s NWfi a distance. of 769 90feet to a point /.Soo feet more
or kw Eas/er/y of /rte Center line .Crr9hton Cotera./ Ditch; /hence. Southerly 4/alq,
o has /5.00/esf more or/ess raster/if sord Cenfar/me as >`o/Iows:
S 43°t6'40"t /37/6 feel; 5 54°25' 34”E, /95. 76 /eel; 5 33° 10' 27"E 92./7 feet;
509°SB'I7"Er 935.19 feet 101.05'77"W /39.80; 509'0/'/9"E /2430 feet
/5°42"52"E, 32956 feet' 302'45'440't!/, 79./5 fee/; 5 27°037/'W, 309./6/ceet
340'33' %"'W, /4/22 feet; 5 74.02'30"W, /47. 37 fee/ /o a pernt on/he 544/11/2 //n4
said NWr/1; fhenae N89' 56'30"W alas? sa'd Sou/h tine a dsfonce of /6/2.49/eet
Me SWCorner said NW#c; /hence NO0°02'G0"E o/one/ the West /int said
NW%4 a die/once a/ 7650.45 feet to /he Pon/ of beyennin9.
Sa4rse/ /0 Cooney stood n9ef/ of way and sue jeef /o nth/ o/ way for
ffe. 8ni.i/an La /era/ P//eh, EXCEPT reser✓ofions as con/a.ned in pofeni
'corded in Qso.t"/53, ,neee 40 and in Peed rscordad in .Boot /57, /wye /4 of
"he We/a/ Counfy .Cecon e.
Con lama /02. 720 Acres man: or /ewe. r'ue's awn/9f Read Rpa/ of Way.
• NAME : George William Zehender ADDRESSFort Lupton PHONE : RS7-21SS
4AME : 3982 Weld County Road 31 ADDRESS PHONE :
WWII : Fort Lupton, Colorado 80621 ADDRESS PHONE :
WATER SOURCE Domestic wells - permit attached
TYPE OF SEWER Sceptic tank
PROPOSED USE Lot A - Suburban Tract Lot B - Agricultural
I hereby depose and state under the penalities of perjury that all statements
proposals , and/or plans submitted with or contained within this application
are true and correct to the best of my knowledge . •
COUNTY OF WELD ) •
STATE OF COLORADO )
Sig atu Owner or rized Agent
Subscribed and sworn to before me this 19th day of March , 1976
SEAL
N�T " Y ' U/ I , Dorot yARuff
September 14, 1977
My commission expires :
March 29, 1976
AL .
Weld County Planning Commission r,' RECEIVED
Weld County Board of Commissioners W Ii cLrrty
P. O. Box 758 Man, Cormissloe
Greeley, Colorado 80361
SUBJECT: Recorded Exemption NW' of the NW's,
Section 15 Township 1N, Range 66W,
6th PM
TO WHOM IT MAY CONCERN:
I, G. W. Zehender , am filing for a recorded exemption to
the Master Plan of Weld County.
Effective March 1, 1976, my headquarters location was
changed from Ft. Lupton, Colorado to an office in Illinois
by my employer, Fiat-Allis Construction Machinery, Inc .
I have worked for this Company for fifteen years .
I therefore must move as soon as possible to Illinois to
satisfy my employer' s demands . I must have some equity
capital (cash) to move back to Illinois and for the purpose
of buying a home there . I have three options on what to do
with my land in Ft. Lupton and they are as follow:
OPTION A - RENT
I would like to keep the farm in tact and maintain
ownership. However , I cannot feel comfortable at all
renting my home in Weld County and living in Illinois .
Mr . J. Lee Sears , a realtor in Ft. Lupton, says that
it would cost me as much as $10,000 in damages to rent
my home. Also, I must generate cash to move and renting
won' t do that.
OPTION B - SELL
I would rather maintain ownership than sell, as I
would like to return to this land at a later date.
If I sold this land as a whole now my taxes would
offset some of the land value as received and I
would not receive full value for the land; whereas
if I buy land I will have to pay full value.
r-.
OPTION C - SELL IMPROVEMENTS
This would relieve me of the problems of renting the
improvements plus give me the cash I need to move to
Illinois . I would then keep the farmland and rent it
to a tenant farmer .
Time is of the essence , and if the Commissioners would
approve my application, I could sell the improvements with
five acres , and leave. The farm is already rented for the
1976 crop year .
One other personal factor is that my wife is expecting in
July and I need to be settled in a house by that time.
I would appreciate the attention of the Planning Commission
and County Commissioners to this case and the approval of
the Plat as submitted. The result of this exemption will
mean no additional burden on County Services and refusal
of the application will cause undue financial hardship on
the applicant.
Respectfully yours ,
IYIllt;%4C-16111
G. W. ender
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WELD COUNTY PLANNING
CERTIFICATE OF CONVEYANCES COMMISSION
STAVE OF COLORADO)
COUNTY OF t4 LD ) •
The Stewart TITLE INSURANCE or ABSTRACT
COMPANY hereby certifies that it has made a careful search of
its records , and finds the following conveyances affecting the
real estate described herein since August 30 , 1972 .
LEGAL DESCRIPTION :
The W1/2 of the NW1/4 of Section 15, Township 1 North, Range 66, West of the 6th P.M.
also
All that part of the E1/2 of the NW1/4 of Section 15, Township 1 North, Range 66,
West of the 6th P.M. which lies west of the Brighton Lateral Ditch as now located
and together with the land occupied by the Brighton Lateral Ditch and subject
to said right of way of the Brighton Lateral Ditch, EXCEPT reservations as contained
in Patent recorded in Book 153, page 40 and in Deed recorded in Book 157, page 14,
of the Weld County Records.
CONVEYANCES ( if none appear, so state) :
Reception no: NONE , Book
Reception no . - , Bcok
Reception no. , Book
Reception no. , Book
Reception no. , Book
Reception no; , Book
Reception no. , Book
This Certificate is made for the use and benefit of the Planning
Commission of Weld County, Colorado .
This Certificate is not to be construed as an Abstract of Title
nor an opinion of Title , nor a guarantee Title , and the liability
of Stewart COMPANY
is hereby limited to the amount of the fee paid for this Certificate.
In ''fitness Whereof , ttewart Ttt e
COMPANY has caused this certificate to be signed by its proper
officer this 17th day of February , A. D. 19Th.., at 7.45 A.M
o' clock.
Stewart Title of Greeley
COMPANY_t.—�.-_! l!
By / CAUpTORIZE SIGNATURE
LI a R.enrded^...A ..reeioaa.-km„ MAX .. a / r
4 nook
M1 626Reception No_.. 1548261Bl_
ANN SP _.-Reorder. MOMS tNi
A,\ FILING STAMP
1 THIS Dila, Mad.this 25th day of Nayry
.as
I in the year of oar Lord one thousand nine hundred and y State Document$ N '
.-• between Thalia* P d Date .-MAY..2
w , s 1
sifts County of Adams and Slab of
N Colossal,of the treat part,aad George William Z•header
•
uN of the County of and Stab of Colorado,of the stand part: •
.1 WTfd(Sg8ETH,That the said party of the first part,for sad I.eoas daranm of the sum of
wt Sixty-two Th d live Hundred and No/100 .DOLLARS,
Ne to the aid party of the first part in hand paid by the said party of the second part,the receipt whereof is baby •
Pe entered and acknowledged,has granted,bargained,sold and conveyed,and by these peewits does gnat,b rgala, St
a sell,sawn and e.attrm,unto the .sld party of tits awed part, his heirs and assigns forever, all the following a
• . dendbd lot a or panels of land.Sate,lying and being in the •
G Crusty of Weld and Stab of Colorado,to-wit: • 0
• a ,
The W; of the NW% of Section 15, Township 1 North, Range 66, West sif
i�, the 6th P.M. also
n All that part of the 1% of the NW% of Section 15, T hip 1 North, i
34 Range 66, West of the 6th P.M. which lies west of the Brighton L 1
Ditch as now located and together with the land occupied by the Brighton
Lateral D$tlb and subject to said right of way of the Brighton Lateral
Ditch,NSCIPT, ions as contained in Patent recorded in Book 153,
page 40 and in Deed recorded in Book 157, page 14, of the Weld County
Records.
Together with 7% shares of the Capital Stock of the Burlington Ditch
1 ir and Land Conpany, and 7% shares of the Capital Stock of the
Brighton L 1 Ditch Company; and 7% shares of the Capital Stock of
the Wellington 1 ir Company. 7,
El
i
J
1,
erg, 626
1548261
a.
TOGETHER with all and singular the hereditament& and appurtenances thereto belonging, or in anywise
and the reversion appertaining.and reversions,remainder and remaind
ers,rents, issues and profits thereof; and all
the estate, right,title, interest, claim and demand whatsoever of the said party of the first pert, either in law
or equity,of,in and to the above bargained premises,with the hereditament& and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances, unto the
said party of the mead part,his heirs and assigns forever. And the said party of the first pan,for himself,his heles,
executers,aad administrators,des covenant,great,bargain,and agree to and with the said party of the second part,
his heirs and assigns,that at the time of the ensealing and delivery of thee presents,be is well seised of the premises
above seavged,u of good,sure,perfect,absolute and indefeasible estate of inheritance,in law, in fee simple,and
has god right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form as
aforesaid.and that the we an free and clear from all former and other grants, bargains, sales, liens, tares,
seer&&—'-and aconite's** of whatever kind or nature sever.
and the above bargained premises in the quiet and peaceable possession of the said party of the second part,his heirs
and ridge against all and every person or persons lawfully claiming or to claim the whole or any part thereof,the
mid party of the Ent part shall and will WARRANT AND FOREVER DEFEND.The singular number shall include
the plural,the plural the singular,and the use of any gender shall be applicable to all renders.
Hf WITNESS WHEREOF,the said party of the lint part has hereunto set his hand and seal the day and year
first above written. /fir
e—
The
�l ��_ ��
Thelma lronard
[SEAL]
[SEAL]
STATE OF COLORADO
. . Came of Adams
F yt J....F.,.,.
� 1yal Rn.a•LJ jh,_eat was acknowledged before me this 25th day of May
ADD 1044.
7O ,b>irellislma F d.
`"•W beerimkihrin 9^< y t d of .19.7A .Witness my hand and official seal
: O f 0
.!
;1
Nov MA. waaaagn 9orne ra esa pia•-aur+ararra 9b.Ow tmw INNS w a...,err
• •
• i
3 z "�i ver�nN 'i § w.' M �4f ra G t !gg j 'i 3�f{f sr J!s r41 p if . _n� �' ' t I${'�1�y�9j 'Jr" t$
i', to i t" .'' ' voi#��itiR t d/l SL I & c v. ": �. � { F" w];_�} J•ya_(,
.. . 1 s.• '+Yd.. ,r.h 1k x•. 4.
•
FIAT-ALLIS
CONSTRUCTION MACHINERY, INC.
3000 South Sixth Street,Springfield, Illinois 62710 (217)789-3000
March 15, 1976
Mr. Glenn Billings
Chairman
prard of Commissioners
. Weld County
P. 0. Box 758
Greeley, Colorado 80361
Dear Mr. Billings:
Our employee, Mr . G. W. Zehender , is a resident
of Weld County and is being transferred to our
office in Deerfield, Illinois and must relocate
immediately.
Your cooperation on any matters regarding this
employee ' s relocation would be greatly appreciated.
Very truly yours ,ef,/
puhW. R. Hildebrand
Marketing Manager , U.S .A.
WRH:o
cc: BOARD MEMBERS
Mr . Victor Jacobucci
Mr . Roy Moser
Ms. June Steinmark
Mr. Norman Carlson
A JOINT VENTURE COMPANY OF FIAT AND ALLIS-CHALMERS
-- COLORA O DIVISION OF WATER RESC,URCES RECEWED
TYPr DA
PRINT IN °LACK INK 300 Columbine Bld, , SL•crr^a:: St
COPY OF ACCEPTED Denver, Colorado 80203 rr-"26 '7
fi
STATEMENT MAILED
OM REQUEST. STATE OF COLORADO / AFFIDAVIT WATER RESDURCLS
• S5 sure [wr,;utElt
` /
COUNTY OF __\11- E1-19 ) C0th.
STATEMENT OF BENEFICIAL USE OF GROUND WATER
AMENDMENT OF EXISTING RECORD
A LATE REGISTRATION p - X
•
82,.24 PERMIT NUMBER LOCATION •
.,
POF 'NELL
l /2 I/
(HE AFFIANT/ _gf-ce41 Il.,�!LU,4/,t /-,rttrud r,,.„, lzlfto--- Z_'' N
whose mailing �/r2 / I� J n/ / (�
address is 1 7 .?- Liao Ct, lr/�y: ji _ W /\/`L _ J
City Vh.l (✓[- f 0e..0 C"I `•l(rl Twp_._ —__/ R,.a. G(Y — / t FPM
being duly sworn upon oath, deposes and says that he ( y) is the owner!56 of the well described hereon, the well is
located as described above, at distances of /10 feet from the section line and ,67 feet from the
ll e.,.. a .. .._
L0FS/— section line; water from this well was first applied to a beneficial use for the purpose(s) described herein on the
day of Jt,/L--y , 1946 ; the maximum sustained pumping rote of the well is 2C__gallons per minute, the pumping
rate claimed hereby is /5` gallons per minute; the total depth of the well is 72 q feet; the overage annual amount
of water to be diverted is /'s acre-feet; for which claim is hereby mode for Domr_S iL
purpose(s); the legal description of the land on which the water from this well is used s
rAior _FAULT or Mir Afal r C MC /./CU/•y OF Se< ndA. is— TLL.,v;y.,<i / /1 /:',-;nn“( a W A,r eF rr.E Gr' fr/• I.
,3ar:<...,A,rn.. Ar The N" Gertutrif S£u9 141W// 711autC .≤22.93 -Cr .F4sr/ Mrwfo 7/4 YO tr>t.fl, of which
7Jifi✓f( 522.43 fr c-'csr, /WA,crr 4/4.'/C' /vo<:r-N to nwf ,Jr:,..r or an;44,4144 if
f] acres are irrigated and which is illustrated on the map on the reverse side of this form; that this well was completed in
compliance with the permit approved therefor; this statement of beneficial use of ground water is filed in compliance with law; he
(they) has (hovel read the s atements made hereon; knows the content thereof; and that the same are true of his (their) knowledge.
//� ,,` �(( ")(C{(�'r�.MPLET�E REVERSE SIDE OF THIS FORM) / C
Si gn at uref s)IrVJ�)1 �c-+t-(..L Li.. ''s-Y.11(-41. � C7) S C 7 Z_ -
Subscnbed and Sworn! „/AA / _ / FOR OFFICE USE ONLY
to before me on this .-) day of t, 1.r. GL(ta 4c , 19 7
( ) / p Co.., Case No.
My Commission expires: it)
R. e j1( & I .r, . /J. /7 7C
• P, Me Day Y,
).,' k.J.L( t. ree
(9 D. / dry.
ACCEPTED FOR FILING BY THE STATE ENGINEER OF COLORADO
PURSUANT TO THE FOLLOWING CONDITIONS: • Sec. _ — A — h_
ACCEPTED FOR DOMESTIC USE, INCLUDING THE IRRIGATION OF
NOT OVER ONE ACRE OF HOPE GARDENS AND LAWNS. Well Use
D.s.. 1(_.T Bos,n Mon 0.s _
MAR 101976 attae Power
x
DATE -
STATE ENSINEER
DIVISION OF WATER RESOURCES
STATE ENGINEER'S OFFICE Date z/ 6 1976 No. G W 68072
DENVER,. COLORADO Received of a (e,/' (./
% /' Ofl(77(2fr—
Addresis mi"—!-5
Amount Receiver; �/6// Dollars S�..l
Concerning Well Permits 1 Concerning Miscellaneous Items
Re cement • Inc. Yield _ Sate of Books _ Cert.of Doc
onstruction Final Copy of Record License
Late Registration Chg. of Record Other
STATE ENGINEER /
By <C71-._, 1 PLEASE REFER TO GW NUMBER WHEN MAKING INQUIRY
,ck eNo. G— 7 M. O Cask Permit No Approved
Seal RECEIPT COPY
% Wa s 7.2 _ b COLORADO DIVISION Ci WATER RESOU ES
/Or 101 C'�',bine Bldg., 1845 Sherman St., Denver,Colo, 30203 RECEIVED ✓ .
PERMIT APPLICATION FORM "
o G
,, ' —!'%
L.0
Application must - 17 , 6
be complete where 1 r/ )) A PERMIT TO USE GROUND WATER 1
applicable. Type or (x I A PERMIT TO CONSTRUCT A WELL wnur. dht) FCES
print in BLACK FOR: (,() A PERMIT TO INSTALL A PUMP gjp1E Lt1Gl WI
INK.No overstrikes - CALL. �/
or erasures unless ( )REPLACEMENT FOR NO. J�
initialed.
( ) OTHER
L
(1) APPLICANT - mailing address FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN
l/NAME " G'`/ZNEN)JF(1 � /� Receipt No. 6 / s / % /- —
STREET .3 Z el (veco to Po 31 Basin Dist.
CITY " 'c)LT Lu, pvpJ j 67LoteAt00 520(P1/
(state) / (Zip) • CONDITIONS OF APPROVAL
TELEPHONE NO. 303 - 2'S7- 21-57S—
This well shall be used in such a way as to cause
no material injury to existing m ;er •rights. The
(2) LOCATION OF PROPOSED WELL issuance of the permit does not assure the applicant
that no injury will occur to another vested water
/� right or preclude another owner of a vested water
CouCntyW 'V<<-b `/ W right from seeking relief in a civil court action.
J ''h of the / " / Y.,,Section S AS
Twp. / IIV Rng. G 6 �A 6 ''''` Install plain(non-perforated)cas1n; {7r3r7 lurid
P. surface down to a minimum dpL h of 72 U ,feet
and properly sealed.to prevent the pumping or
(3) WATER USE AND WELL DATA appropriation of tributary „0 '-
Proposed maximum pumping rate(gpm) 3
Averagj annual amount of ground water
to be appropriated (acre-feet): I ,,s
NumberE. of acres to be irrigated: • pA� ' t
Proposed total depth (feet): , OO t
Aquifer ground water is to be obtained from:
reX//ILL SAwo
•
Owner's well designation
GROUND WATER TO BE USED FOR:
( ) HOUSEHOLD USE ONLY -no irrigation (0)
DOMESTIC (1) ( ) INDUSTRIAL (5)
LIVESTOCK (2) ( ) IRRIGATION (G)
( ) COMMERCIAL (4) ( ) MUNICIPAL (8)
( ) OTHER (9) APPLICATION APPROVED
•
PERMIT NUMBER 82708
(4) DRILLER MAR 021916
DATE ISSUED n� /� .71 U
Name l /L°VETS Dic/LL/NC7 - EXPIDATE I TIO ATE Il'Ihi
•
Street 72 6o/ �.oA0.3/ /1/ Le. a ��% tat i
City 7C—CT L 0/07-0A/ (�oto J'C 2/ DEPUTy(STAT NGIN E�
Q (State) / GG (zip)
Telephone No. �S7-� ��� Lic. No. \J �� BY
I.D. V 0 COUNTY C- ,.
DIVISION OF WATER RESOURCES
STATE ENGINEER'S OFFICE Dye et. /7'719 "76 No. G W67819
DENVER, COLORADO
Received Gx. (0. z.2 X der
A ( �Amountmount Received G!//f') 71y / //l/ Dollars $
Concerning Well Permits / U Concerning Miscellaneous Items
placement Inc Yield Sale of Books Cert. of Doc
Construction Final Copy of Record License
Late Registration Chg. of Record Other
STATE ENGINES
By (1,/ /gam (PLEASE REFER TO GW NUMBER WHEN MAKING INQUIRY
Cheek No 7 ? -7 M. Cash Permit No Approved
wp4eo.lt RECEIPT COPY
w,
ELD" LOUNTy
WELD COUNTY PLANNING COMMISSION
ntanaallale
EY-E ,�C O LOj,
1516 Hospital Road
TO: Glen Paul , Director
Environmental Health Services
FRUA: Gary Fortner, Director of Planning
Planning Commission
DATE: March 22, 1976
SUBJECT: Recorded Exemption - George Zehender
The enclosed application is submitted for your evaluation with
reference to its compliance with County and State Health Department
Regulations . If additional information is required for such evaluation,
please notify our office as soon as possible. In addition, we would
request that your office notify the Planning Commission of any permits
required by County and/or State Health Department Regulations with
reference to the proposed use, so that the applicant can be made aware
of such requirements.
We would appreciate receiving your evaluation and comments on the proposed
use and/or facilities on or before April 12, 1976
so that we can address, and hopefully resolve an' roblems rior to con-
sideration of the case by the Weld County Wt4s4A on
April 19, 1976 Commissioners.
Thank you very much for your efforts in this matter.
Gary Fort Per /1
enclosures: plat
application
health form
� flLLD' Cr• I r;,j;>\
1 1', COLO• RA,_,p,
WELD COUNTY PLANNING COMM:ESION
March 22, 1976 ---r — �
G1�C.LtY,C�LO;
1516 Hospital Road
County Engineer
TO WHOM IT MAY CONCERN: •
•
•
Enclosed is an application from George Zehender
for a Recorded Exemption
Commissioners
This item will be heard before the Weld County RRXXNRAgXRXXXXXAYc14 on
April 19, 1976 . If you have any comments or suggestions,
may we please hear from you before April 12, 1976 . The location
of the parcel of land for which this application has been submitted is
Pt. Nl•1'.; Sec. 15 T1N R66W
If no comments are received by April 19, 1976 It will be
assumed you have no objections and wish to make no comments with refer- •
ence to either the granting or denial of this application.
• Thank you.
//,
Thomas E. Honn, (jsm) •
Enclosures application
plat
` °,El_g CC) I.AlT
WELD COUNTY PLANNING COMMISSION
March 22, 1976
1516 Hospital Road
W. W. Gaunt
Brighton Lateral Ditch
25 S. 4th Avenue •
Brighton, Colorado 80601 •
TO WHOM IT MAY CONCERN: •
Enclosed is an application from George Zehender •
for a Recorded Exemption _
Commissioners
This item will be heard before the Weld County RRXWMXNNXXXXT XXkR@pl on
April 19, 1976 . If you have any comments or suggestions, •
may we please hear from you before April 12, 1976 . The location
of the parcel of land for which this application has been submitted is
Pt. NW Sec. 15 T1N R66W
If no comments are received by April 19, 1976 St will be
assumed you have no objections and wish to make no comments with refer- •
ence to either the granting or denial of this application.
• Thank you.
77/{2- < I
Thomas E. Honn((jsm)
Enclosures application
plat
•
BOARD OF HEALTH
Weld County Health Department
CATHERINE BENSON. AULT
FRANKLIN D. YODER, MD, MPH 1516 HOSPITAL ROAD RALPH AAR. GREELEY
DIRECTOR GREELEY. COLORADO 8O631 WILLIAM SLICK. ROGGEN
CLARENCE SITZMAN. GREELEY
(303 1 353-0540
DAVID WERNING. DDS. GREELEY
March 23, 1976
Weld County Planning Commission
1516 Hospital Road
Greeley, OD 80631
TO WHOM IT MAY CONCERN:
The Soil Test for the following Recorded Exemption has been
approved by the Weld County Health Department:
William
Owner: George/Zehender
Address: 3982 Weld County Road 31 - Ft. Lupton, CO 80621
Location: NW* Section 15 Township 1 North, Range 66 West
Lot A
'Glen E. Paul Director
Environmental Health Services
GEP/hv
cc George William Zehender
3982 Weld County Rd. 31
Ft. Lupton, CO 80621
F�' etd County C C Department
BOARD OF HEALTH
ealth �e artment
CATHERINE BENSON. AU LT
FRANKLIN D. YODER. MD. MPH 1518 HOSPITAL ROAD RALPH AAB. GREELEY
DIRECTOR GREELEY, COLORADO 80631 WILLIAM BLICK. ROGGEN
CLARENCE SITZMAN. GREELEY
13031 353-0540
DAVID WERKING. DDS. GREELEY
February 17, 1976
Weld County Planning Commission
1516 Hospital Rd.
Greeley, CO 80631
TO WHOM IT MAY CONCERN:
On February 10, 1976, the Weld County Health Department made an inspection
at the property owned by Bill Zehender located in the NWa, Section 15,
Township 1 North, Range 66 West, of the 6th P.M. , Weld County Colorado.
It is our understanding the Zehenders are requesting a recorded exemption
on this property. The individual sewage disposal system for the existing
home appeared to be functioning properly at the time of the inspection.
The remaining property should be acceptable for an individual sewage disposal
system.
Yours truly,
Kenne h Norcstrom, R.P.S.
/ Environmental Health Services
Glen E. Paul, Director
Environmental Health Services
KN/hv
� / 6.•
rf.
If... R; y. '- !
w,. %
P
LD COUNTY HEALTH DEPARTMEN
1516 Hospital Road �/
Greeley, Colorado PERMIT NO. KL 3 '
Ph. 353-0540
Application for permit to Install, Construct, an Individual Sewage Disposal System.
Owner 0:14(2-/-',•9•72,.......(-42.,,,,4.4.1 Address 31,'2 ////-0.0i�.e-+ d' Ph e 537b7.573
1a6ai
Direction to site: Hwy Rd. N_mi., E_mi., S_mi., mi.
Legal Description: Ptn NeJ�� Sec._ , TIN, av Subdiv. Lot Blk
/O T9
General Information Dept. Use Only
No. Bedrooms .3 No. Persons el Perc. Rate (Avg. of 3) Is c,e IInto-c,o
No. Baths •=-2- Basement Plumbing No Soil Type C-•• )--)n. Ata,O
Size of Lot '5 /J O 0 r%m.ci c__ " i i
H2O Table Depth c'�
H2O supply (if well give depth) /.+7/? 700 Lot Grade < SO
New Home Mobile Home Modular Add'n
Requires Engineer Design Ye o
`
Type of sewage disposal requested:
A pI f yes — reason
Septic tank Privy Other y/.eid s, wit. ( Comments:
Installation Instructions: (Minimum Requirements)
Septic Tank c '�y 5-fS t_ C'`t Gals. Absorption Trenches 119S— Sq. Ft
or /
'O
Other Seepage bed r Sq. Ft. `
Special Instructions
This system will be constructed and installed in accordance with the above specifications and regulations re-
garding individual sewage disposal systems in Weld County, Colorado
This permit shall expire at the same time as the building permit, or, if no building permit is issued, the permit
shall expire 120 days.aa ter its issuance, if construction has not been commenced. .
Date:
%iy 6 -/97oC owner: X72'� , ;.. ' ,�_ e.// ' „ I r
Applicant:
The plans and specifications as shown are approved pending payment of er t fee.
- Date: - �7 .
Sanitaria
The above system inspected and founditiR
comply with plan and descriptio .
Systems Contractor: 7 o-x C ,n WY-'f't N Date: if / / 7
Sanitarian
Engineer Review:
I Dote) (Signature)
Permit Fee: $ --,...1.6-,, 04 •
Received by: /dCC-e.../ 61, Date: ,,,14 74
mrmoRAnDunm
To Planning Commission Date April 23, 1976
COLORADO From Engineering Department
Subject:George Zehender-Recorded Exemption
There doesn' t appear to be any engineering problems . Any
new access should be approved prior to installation.
Gilman E. Olson
mfm
Jft.3 2o.r a 55-: ■\ Y
f .K Y,1 J A.Y
Y • ii< !y. _t i. f �, ... Seq. $1 44x 4S` t
I - _ .4 aP } 1' A �y: .'.p s2 setgz,v +: -t,„, '7.--N.,.."
Or 1 Y ♦per Y `;
li
_ s:a - .L a '. rt.:. -- v+ *e'er' .r '
.t. 7
S 4
7y qN x 3�,-
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1 rn. l _ .R 41 g,t,'\:'1 *".' t�rt
Se:c - _. 72 x . Rw
-- �' ' !"`Eve„.4777;.
/0 - -
It r / K s. ,s _ - 'IC•
"? 700 1/0 - i•\� q.. x t IN ! ## L nor
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iiL11 x 4 .,,ey q•yy '.IJA [ wcz i. ;,V ••
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SrUSDA- S ADVANCE COPY- _ £j ¢ < t�
O SUBJECT CHANGE _ ; \*
� J.�.C({ (,C,ic.
S $. CAWRA00. ` '• r L. , t- app. fif _ T , d
= —8.0 ca.. r.., ,,..,_-7-0___ , , 1976 Ir i► ♦:•
,"Ks i;o
1
//
•
� . EL- ( EC 31a3 74'
•
FIL : Nc; i'6," r c2n3 — — --
NAME --- , J/fJ. eitC
REQUEST S��i� D -- -----
LEGAL DISC,: IPTIo„ AS - 1- A&
l.71:D USE
'/
•_
L C C T II O r: ,a21 i__
C0M?• EMTE :
�� !� ' 7//41
V'= OFFICE OF THE PLANNING COMMISSI(
� Zija2 Gary Z. Fortner
ffl
ar �- Director of Planning
it 353-2212, ext. 227 & 228
1516 Hospital Road
Greeley, Colorado 80631
COLORADO
April 2, 1976
George William Zehender
3982 Weld County Road 31
Ft. Lupton, CO 80621
Dear Mr. Zehender:
I was informed this morning by a member of the Weld County Health Department
that your septic system was malfunctioning. Since one of the requirements
of the Recorded Exemption procedure is that an adequate sewage disposal
system must be provided for both lots of the request, our office will not
continue to process your recorded exemption until we have received
verification from the Health Department that your septic system is function-
ing properly.
Respectfully,
Lem--
Ken McWilliams
Assistant Zoning Administrator
jsm
r- OFFIC )F THE PLANNING COMMISSION
1114.3 GARY Z. FORTNER
�.�kk1 DIRECTOR OF PLANNING
ctr
i1\. .4149halPHONE (303) 353-2212 EXT.227,228
1516 HOSPITAL ROAD
GREELEY,COLORADO 80631
Wilk
COLORADO
April 15, 1976
George Wm. Zehender
3982 Weld Co. Rd. 31
Ft. Lupton, Colorado 80621
Re: Request for a Recorded Exemption on a parcel of land described as
Pt. NWq Sec. 15 T1N R66W of the 6th P.M. , Weld County, Colorado
Dear Mr. Zehender:
The Weld County Health Department has contacted our office and the problem
with the malfunctioning septic system has apparently been taken care of.
Consequently, our office can continue to process your application. The
hearing before the Board of County Commissioners has been rescheduled
for April 26, 1976.
Respectfully,
i *i—~�
Ken McWilliams
Assistant Zoning Administrator
.sm
WELD COUNTY COMMISSIONERS
JUNE STEINMARK VICTOR JACOBUCCI
NORMAN CARLSON GLENN K. BILLINGS
ROY MOSER
,
OFFICE OF THE PLANNING COMMISSION
GARY Z. FORTNER
DIRECTOR OF PLANNING
PHONE 1303) 353-2212 EXT.227,228
1516 HOSPITAL ROAD
GREELEY,COLORADO 80631
!r. ® •
COLORADO
April 23, 1976
George Wm. Zehender
3982 Weld Co. Rd. 31
Ft. Lupton, Colorado 80621
•
Re: Request for a recorded exemption on a parcel of land described
as part of the NWy of Sec. 15 T1N R66W of the 6th P.M. , Weld
County, Colorado
Dear Mr. Zehender:
Mr. Richard Newton contacted our office on Thursday, April 22, 1976 and
requested with your consent that the above described request be tabled
on the scheduled hearing date of April 26, 1976 since your attorney
will not be able to attend the hearing. I have rescheduled your re-
quest for May 3, 1976
Respectfully,
e.rt 7 �� - to
'
Ken McWilliams
Assistant Zoning Administrator
jsm
cc: Richard Newton
P.O. Box 1424
Greeley, Colorado 80631
WELD COUNTY COMMISSIONERS
JUNE STEINMARK VICTOR JACOBUCCI
NORMAN CARLSON GLENN K. BILLINGS
ROY Mncrn
Hello