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Home My WebLink About20120731.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION, RECX11-0057 - LARRY AND SHIRLEY BATMAN, C/O NUNN TELEPHONE COMPANY 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 request for Recorded Exemption, RECX11-0057, was submitted by Larry and Shirley Batman, 5037 Kiowa Drive, Greeley, Colorado 80634, c/o Nunn Telephone Company, Attn: Gregory Grablander, Manager, 285 Logan Avenue, Nunn, Colorado 80648, for property which is located on the following described real estate, to-wit: NE1/4 of Section 12, Township 10 North, Range 66 West of the 6th P.M., Weld County, Colorado being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A," said plat to be recorded, and WHEREAS, the Board of County Commissioners, pursuant to its authority under Section 30-28-101(10)(d), C.R.S., did determine at a public meeting held in the Chambers of the Board, that a certain parcel of land, to be divided into two parcels, as shown on the plat known as Recorded Exemption, RECX11-0057, does not come within the purview of the definition of the terms "subdivision" and "subdivided land," and WHEREAS, this request is to divide the property into parcels estimated to be approximately 155 acres and 0.129 acres. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove described parcel of land be, and hereby is, exempt from the definition of the terms "subdivision" and "subdivided land." BE IT FURTHER RESOLVED by the Board that the application of Larry and Shirley Batman, do Nunn Telephone Company, Attn: Gregory Grablander, Manager, for Recorded Exemption, RECX11-0057, be, and hereby is, approved subject to the following conditions: 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) Regulations. 2. The applicant has proposed a well as the source of adequate water for Lot B. Property owners are advised that the quantity of water available for usage may be limited to specific uses, i.e., "Domestic Use Only," etcetera. Because each situation is unique, the Department of Planning Services encourages property owners to contact the Office of the State Engineer, Division of Water Resources, (1313 Sherman Street, Room 818, Denver, Colorado 80203, Phone (303) 866- 3581), to discuss each individual situation. CV QA, PL, 1'\9CVLk 2012-0731 RECX11-0057 RECX11-0057 - LARRY AND SHIRLEY BATMAN, C/O NUNN TELEPHONE COMPANY PAGE 2 3. Topographic or physical features of the proposed lot, such as ravines, ditches, streams, etcetera, may limit the area available for a new or replacement septic system. Prior to recording the plat, the Weld County Department of Public Health and Environment recommends the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system, the lot may need to be enlarged. 4. Prior to recording the plat: A. The applicant shall address the requirements of the Weld County Department of Public Health and Environment, as stated in the referral dated February 6, 2012. B. The applicant shall address the requirements of the Weld County Department of Building Inspection, as stated in the referral dated January 5, 2012. Written evidence of such shall be provided to the Department of Planning Services. C. The applicant shall address the requirements of the Weld County Department of Public Works, as stated in the referral dated February 1, 2012. Written evidence of such shall be provided to the Department of Planning Services. D. The applicant shall submit a revised Access Permit Application showing the approximate location of the proposed accesses, and include pictures at the access point looking up and down the County roadway. E. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. 5. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 1053-32-1 RECX11- 0057. B. The applicant shall show and label the 30 feet of unmaintained County right-of-way south of the County Road 120 Section line. C. The applicant shall show and label both of the approved access points with the Access Permit number (will be provided when revised application is submitted). Alternately, they may show the approved Lot A access and place the following note on the plat concerning the Lot B access: `The location of the Lot B access is not approved until an access permit 2012-0731 RECX11-0057 RECX11-0057 - LARRY AND SHIRLEY BATMAN, C/O NUNN TELEPHONE COMPANY PAGE 3 application form is received and approved by the Weld County Department of Public Works." D. County Road 37 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full buildout. The applicant shall verify the existing right-of-way and the documents creating the right-of-way, and this information shall be noted on the plat. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. E. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15-inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert, they shall contact the Weld County Department of Public Works to adequately size the culvert. F. The oil and gas setback radii for existing wellheads and tank batteries on the site shall be indicated, in accordance with Section 23-3-50.E of the Weld County Code G. The following notes shall be placed on the plat: 1) All proposed or existing structures will meet the minimum setback and offset requirements for the Zone District in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure, as defined and limited to those occupancies listed as Groups A, B, E, F,H, I, M, and R in Section 302.1 of the 2006 International Building Code, shall be constructed within a 200-foot radius of any tank battery, or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery, or 150-foot radius of any wellhead, shall require a variance from the terms of Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on the site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption, in accordance with Section 24-8-20.C.1 of the Weld County Code. 4) Prior to the release of building permits, the applicant shall submit a recorded deed describing the lot upon which the building permit is requested with the building permit applications. The legal 2012-0731 RECX11-0057 RECX11-0057 - LARRY AND SHIRLEY BATMAN, C/O NUNN TELEPHONE COMPANY PAGE 4 description on such deed shall include the lot designation and Recorded Exemption number. 5) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot B has an adequate water supply of sufficient quality, quantity, and dependability. 6) Prior to the release of building permits, the applicant shall submit evidence of approval from the Nunn Fire Protection District to the Weld County Department of Building Inspection. 7) Potential purchasers shall be aware that groundwater may not meet all drinking water standards, as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically there after. 8) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non-buildable if the lot owner is unable to obtain a well permit. The Colorado Division of Water Resources issues all well permits. 9) Should noxious weeds exist on the property, or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 10) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Agricultural Exempt Building, per the requirements of Sections 29-1-20 and 29-3-20.6.13 of the Weld County Code, do not need building permits; however, a Certificate of Compliance must be filed with the Department of Planning Services and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 11) Effective April 25, 2011, building permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County-Wide Road Impact Fee Program. 12) Effective April 25, 2011, building permits issued on the proposed lots will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. 2012-0731 RECX11-0057 RECX11-0057 - LARRY AND SHIRLEY BATMAN, C/O NUNN TELEPHONE COMPANY PAGE 5 13) Prior to the release of building permits on Lot B, the Lot owner shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sanitary sewer line. In accordance with the Weld County Code, if a sewer line exists within four hundred (400) feet of the property line, and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. 14) The location of the access for Lot B is not approved until an access permit application form is received and approved by the Weld County Department of Public Works. 15) The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the Weld County Code, shall be placed on the plat. 16) Lot A is to be utilized as an unmanned equipment building site, and shall not be a buildable parcel for residential purposes. 6. The applicant shall submit two (2) paper copies of the plat, for preliminary approval, to the Weld County Department of Planning Services. Upon approval of the paper copies, the applicant shall submit a Mylar plat, along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 7. In accordance with Weld County Code Ordinance #2005-7, approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date of the Board of Commissioners Resolution, a $50.00 recording continuance charge may be added for each additional three (3) month period. 8. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. 2012-0731 RECX11-0057 RECX11-0057 - LARRY AND SHIRLEY BATMAN, C/O NUNN TELEPHONE COMPANY PAGE 6 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of March, A.D., 2012 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ,6 Sea 67)nN Conw hair Weld County Clerk to the Board E fLe) Wi is F. Garcia, Pro-Tem BY: Deputy Cl:ri to the Boa ' �^ �xi,, � CUSED ar ra Kirkmeyer PR ED AS - F RM: C , ,®(li wry David E. Long o my tlorney 5 - r o )ha��c c/ E2 Dougla ademach r Date of signature: 41-€71-/1- 2012-0731 RECX11-0057 1861 MEMORANDUM f��1" Fr' TO: Board of County Commissioners it DATE: February 15, 2012 COUNTY FROM: Kim Ogle, Planning Services SUBJECT: Recorded Exemption RECX11-0057 The Department of Planning Services has forwarded application RECX11-0057 to the Board of County Commissioners for consideration. The applicant is requesting that Lot A of RECX11- 0057 be approved at less than 2.5 net acres (for a Lot with well and individual septic system) as required per Section 24-8-40.L of the Weld County Code. Background Information: Legal Description: The NE4 of Section 12, T10N, R66W of the 6th P.M., Weld County, CO Parcel No. 0301-12-1-00-006 Location: South of and adjacent to County Road 120; West of and adjacent to County Road 37 Acres: +/- 155.12 acres Weld County Code Requirement: Section 24-8-40.L of the Weld County Code states "The minimum size of any lot proposed with a public water supply is not less than one (1) acre net. The minimum size of any lot proposed with a well as the water supply is not less than two and one-half(2Y2) acres net. Minimum lot sizes do not apply in zone districts which allow smaller lots or where exempted by the Board of County Commissioners. The minimum lot size does not apply to subdivision exemption lots created for the temporary use of a parcel for public utility facilities." Applicant request: The applicant is requesting that the above requirement be waived for Recorded Exemption number RECX11-0057. The minimum lot size is 2.5 acres (for lots on individual wells) because water is not available in this area. The applicant is requesting that the 2.5 net acre requirement be waived because the applicant is proposing to place an unmanned equipment building on Lot A for the Nunn Telephone Company. The applicant is proposing that Lot A be approximately 0.129 acres in size. No well or septic is proposed for this use. Department of Planning Services Recommendation: Given the unique circumstances of this case, staff is in support of the request. The applicant is creating a parcel to be used solely for an unmanned equipment building. No well and/or septic would be required which eliminates the necessity of having Lot A meet the 2.5 net acre requirement as outlined in Section 24-8-40.L of the Weld County Code. The Department of Planning Services has proposed a Plat Note addressing the use of the Lot A parcel. This Note states: "Lot A is to be utilized as an unmanned equipment building site. Lot A shall not be a buildable parcel for residential purposes." 2012-0731 I CR128 ` CR 126 . • 11N 11N 66W 65W t RECX11-0057 LARRY & SHIRLEY BATMAN C/O NUNN TELEPHONE CR 122 REQUEST: TWO LOT RECORDED EXEMPTION LOT A: 0.129 ACRES LOT B: 155.0 ACRES • CR 120 t__-..__� 75 FT X 75 FT PARCEL r • } O I • ` I _ ___�_. O _I_ I I- i I- . Z • O 0---- I 10N 1ON - I 68W 65W CF2 114 �J • [----- r Z U • Z W Z W U • CR 110 R 110 1___-.- .-__•... I _____ CR08 1 - ` in co 09N ce 09N 66W ,. 65W • X cv w CR 106 t I r�CR 106 _W — N) 0 ce I ._ O L___ • CR 104 I - __ -.-1-- I 1i I United States Department of Agriculture Agriculture Research Service • CENTRAL PLAINS EXPERIMENTAL RANGE RESEARCH AREA *DO NOT ENTER WITHOUT PERMISSION. CPER Headquarters: 897-2226 2 miles N of Junction Rds 37 and 114 Slo ;:�' IA 1, ♦ _ , •I�yy1 ,v _' ` ''.� Ir'A, \kr - i� ►"lr' .' il,- t "t -1'If..L 't•-,41.7; f: • _ - - - •- 1 r y >r ]r � - 7` e' ' , • L4,-4.J ♦ (♦I'`/ Trr nlr r :r P l . .. l-�,. ;0,-3t . r, I • di I. . I I f • itC11:47 DEPARTMENT OF PLANNING SERVICES WC RECORDED EXEMPTION ADMINISTRATIVE REVIEW COLORADO Applicant: Larry & Shirley Batman, RECX11-0057 Planner: Kim Ogle c/o Greg Grablander Legal Description: NE4 of Section 12, T1ON, R66W of the 6th P.M., Weld County, CO Parcel ID#: 0301-12-1-00-006 Lot A Size: 0.129 acres Lot B Size: 155 +/-acres Water Source: Lot A: None Proposed Sewer System: Lot A: None Proposed Lot B: Proposed Well Lot B: Proposed Septic Criteria Checklist Yes No X 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Narrative: The applicant, Nunn Telephone, is applying for a 75 foot by 75 foot parcel of land having a building envelope of 45 feet by 45 feet for the construction of a small 10 foot by 12 foot equipment shelter building to house fiber optic cable for residential electronics. The applicant states it is the policy of the Nunn Telephone Company to have fee simple ownership of all lands on which their facilities are sited. The entire parcel will be 0.129 acres. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2. The applicant has proposed a well as the source of adequate water for Lot B. Property owners are advised that the quantity of water available for usage may be limited to specific uses, i.e., "Domestic Use Only," etc. Because each situation is unique, the Department of Planning Services encourages property owners to contact the Office of the State Engineer, Division of Water Resources (1313 Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866-3581), to discuss each individual situation. 3. Topographic or physical features of the proposed Lot, such as ravines, ditches, streams et cetera may limit the area available for a new or replacement septic system. Prior to recording the plat the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. 4. Prior to recording the plat: A. The applicant shall address the requirements of the Weld County Department of Public Health & Environment as stated in their referral dated February 6, 2012. B. The applicant shall address the requirements of the Weld County Department of Building Inspection as stated in their referral dated January 5, 2012. Written evidence of such shall be provided to the Department of Planning Services. C. The applicant shall address the requirements of the Weld County Department of Public Works as stated in their referral dated January 10, 2012. Written evidence of such shall be provided to the Department of Planning Services. D. Submit a revised Access Permit Application showing the approximate location of the proposed accesses. Please include pictures at the access point looking up and down the County roadway. E. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. 5. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 1053-32-1 RECX11-0056 B. Show and label the 30 feet of unmaintained County Right-of-Way south of the County Road 120 section line. C. Show both of the approved access points on the Plat and label with the Access Permit number (will be provided when revised application is submitted). Alternately, show the approved Lot A access and place the following note on the Plat concerning the Lot B access: "The location of the Lot B access is not approved until an access permit application form is received and approved by the Weld County Department of Public Works." D. County Road 37 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full build out. The applicant shall verify the existing right-of-way and the documents creating the right-of-way and this information shall be noted on the plat. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. E. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld County=s minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. F. The oil and gas setback radiuses for existing wellheads and tank batteries on the site shall be indicated in accordance with Section 23-3-50.E of the Weld County Code G. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. * No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F,H, I, M and R in Section 302.1 of the 2006 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption in accordance with Section 24-8- 20.C.1 of the Weld County Code. 4) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 5) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot B has an adequate water supply of sufficient quality, quantity and dependability. 6) Prior to the release of building permit, the applicant shall submit evidence of approval from the Nunn Fire Protection District to the Weld County Building Department. 7) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically there after. 8) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non-buildable if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits. 9) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 10) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29-1-20 and Section 29-3-20.B.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 11) Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program.(Ordinance 2011-2) (Department of Planning Services) 12) Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) (Department of Planning Services) 13) Prior to the release of building permits on Lot B the Lot owner shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sanitary sewer line. In accordance with the Weld County Code, if a sewer line exists within four hundred (400) feet of the property line and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. 14) The location of the Lot B access is not approved until an access permit application form is received and approved by the Weld County Department of Public Works. 15) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long- established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 6. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. 7. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge may be added for each additional 3 month period. 8. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to dhuerter(a.co.weld.co.us 9. The Weld County Department of Planning Staff's approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial.kr By Date February 16, 2012 Kim take ❑ Planner DEPARTMENT OF PLANNING SERVICES 1555 N 17thAVE GREELEY, CO 80631 WEBSITE: LE www.c www.co.weld.co.us ' E-MAIL: kogle@co.weld.co.us D PHONE: (970)353-6100, Ext. 3549 FAX: (970) 304-6498 COLORADO January 5, 2012 GREGORY R. GRABLANDER NUNN TELEPHONE COMPANY 285 LOGAN AVE NUNN, CO 80648 Subject: RECX11-0057-TWO LOT RECORDED EXEMPTION FOR TELEPHONE COMPANY. On parcel(s)of land described as: NE4 SECTION 12, T10N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicant: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. If you have any questions concerning this matter, please call. Respectful iv Digitally signed by Kristine f Ranslem Reason:I am the author of this document Location:1555 N 17th Ave Date:2012.01.05 0242:57-07'00' Kim Ogle Planner • RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: _12--24-2Ctt RECEIPTiAMOUNT# /S CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: parcel Number 0 3 0 1 . 1 2 . 1 _ 0 0 0 0 6 (12 digit number-found on Tax I,D.information.obtainable at the Weld County Assessors(Nice,or w w.00meld,co,us3 Legal Description North East 1/4 , Section 12,Township 1C North, Range 6E West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes 0 No0 is this parcel of land,under consideration, the total contiguous land owned by the applicant? YesE NoO FEE OWNER(S)OF THE PROPERTY: Name: Larry&Shirley Batman Work Phone# Home Phone# 330-1739 Email Address Address: 5037 Kiowa Drive City/State/Zip Code Greeley, Colorado 80634 APPLICANT OR AUTHORIZED AGENT(see Belovr.Auhtortza:ion must accompany all applications signed by Au:honzed Ageni) Name: Nunn Telephone Company,Gregory R. Grablander Manager Work Phone# 897-2701 Home Phone# 590-3355 Email Addressgreg@ezlink.com Address: 285 Logan Avenue City/State/Zip Code Nunn, Colorado 80648 Lot A Lot B Lot C Lot D Smaller Parcel Water Source None None Type of Sewer None None Proposed Use Electronics Building AG Acreage 0.047 155.073 Existing Dwellings? If Yes, list address If Yes, list address If Yes,list address If Yes, list address below: below: below: below: N/A If the property is vacant or unimproved write proposed water source and proposed sewer system for each parcel in the blanks above. For example, if a well and septic is proposed state: proposed well, proposed septic. I (We)request that the following described property be designated a Recorded Exemption by the Weld County Board of County Commissioners. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be Included showing the signatory has the legal authority to sign for the corporation. ,. P/f�// MJ /� �� ignature: Amer or Auth.rized Agent ate ignature: ne or Authorized Agent ate 01/06/2012 08:41 970897 27 NUNN TELEPHONE PAGE 01/02 UNN TELEPHONE COMPANW 288 LOGAN AVENUE P . O . BOX 249 NUNN, CO 80648 FACSIMILE TRANSMITTAL SHEET TO: RIM FROM:GREG COMPANY: DATE: Weld County Planning&Zoning 1/04/2012 FAR NUMBER: TOTAL NO.OF PAGES INCLUDING COVER: 970.304-8498 PHONE NUMBER: SENDER'S REFERENCE NUMBER: RE:LARRY&SHIRLEY BATMAN RE YOUR REFERENCE NUMBER APPLICATION O URGENT 0 FOR REVIEW 0 PLEASE COMMENT 0 PLEASE REPLY CI PLEASE RECYCLE NOTES/COMMENTS: The signed Weld County Public Works Deportment Application is the ccccmd MC of this fax[atnsndnsion. If you would like n seamed copy in color picssc send your cmili'oldness to negalcr]inkcom Plcisc a:8 if you hove questionsor concerns, Thanks. Greg Crnhlnndcr Mansgcr Noon Telephone Company 97n-897.2701 PHONE : 970 -897 -2200 FAX . 970 - 897 -2727 01/06/2012 08:41 9708977 NUNN TELEPHONE Ash PAGE 02/02 January 4th, 2011 Weld Public Works Department 1111 H Street P.O.Box 758 Greeley, CO 80632 RE: Letter of Authorization Dear Weld County Public Works Department; We the undersigned,Larry and Shirley Batman,authorize Gregory R Grablander, Manager of Nunn Telephone Company in Nunn,Colorado to act on our behalf to secure a Recorded Exemption for our property in Section 12 T1ON R66Won north ens* earner. When the Recorded Exemption is approved we plan to sell"surface estate only" ,the 75 foot by 75 foot(Lot A)as identified in the RE application to Nunn Telephone Company as a site to house a small electronics shelter building that enables Nunn Telephone Company to deploy Fiber to The Home(FTTH)in the surrounding area within the Nunn Telephone Company franchised exchange boundary. Please accept the notarized authorization as a Letter of Authorization to allow Grcgary R. Grablander to be authorized to act on our behalf in securing the Recorded Exemption. Sincerely, Larry Batman farry. Lost Shirley atman Dated: January , 2012 SUDSCRIBW AHD AFFIRMED,OR SWORN TC BEFORE ��j`. Notarization: ADD TEE CDUN1'Y OF STATE 02F01210 JESSICA n HEN Dh�,@F anuacv, 202 • 1BA 4AAAA ht'ra 3 p ,' RY PUBLIC STATE OFCOI,ORvO _ '_ fl�, r ' CO ommisslon Exnires 11`1 WC or co '' RECORDER EXEMPTION (RE) QUESTIONN*E Water supply: No water will be required for Lot A. The approximate 75' by 75' parcel will house a small building for the fiber to the home electronics. An irrigation well remains on site located in the NW 1/4 of the NE1/4 of Section 12 and is filed under permit number 147618F'. Sewer supply: No evidence of existing septic was found No septic will be required for Lot A. If lot B should someday require a septic system the septic system could be constructed. Current use: The land currently consists of grass pasture with the abandoned and dilapidated original homestead building located in the Northwest corner of the NE1/4 of Section 12. No inhabitable structures are on the property. Proposed Lots: The current parcel consisting of approx. 159 acres will be divided into two lots. • Lot A will be a 75' x 75' parcel of land with 45' by 45' of usable space for construction of a small 10' by 12' building to be used to house fiber to the home electronics. Lot A will consist of 0.129 acres. • Lot B will be approx. 159 acres in size and will remain as farm land at this time. Unique Characteristics: The Big Cut Lat Ditch runs along the property line in the southwest corner of said property. Building envelopes: No building envelopes are requested. USR: There are no USR's for this property. • • 1 rent STATE OF COLORADO For Office Un only a OFFICE OF THE STATE ENGINEER 047612 F 818 Cordon's]Bldg., 1313 Sherman St, Denver,Colorado 80205 pew NU& ER 5084681 ncGbr M ION OFDtQr¢tu rxro law wen_ PURSUANT TO C.R.S.37-92-3O4(8) 1. WELL OWNER NAME(S) : Larry G & Shirley M Batman Mailing Address: 5037 Kowa Dr City, St. Zip : Greeley Co 80834 Phone: 970-330-1739 2. WELL LOCATION., COUNTY:WELD OWNER'S WELL NUMBER: BATMAN WELL NO. (Address) PH) (O) (ZIP) NW 1/4 of the NE 1/4, Sec. 12 Twp. 10 NORTH, Rng. 88 WEST, 8TH P.M. Located at 100 feet from North Section Lire, 2580 feet from East Section line. 3. The well has historically been used for the following purpose(s): livestock and irrigation. 4. Water from the well was first used beneficially cialy by the original owner for the above desalbed purpose(s) on March 16, 1931. 6. The total depth of this well is 83 feet. 6. The pumping rate Is 0,087 de, 30 gallons per minute. 7. The average annual amount of water diverted is unknown. 8. The land area irrigated from this well Is: 7-9 acres described as: part of the 1/4 of the NE1/4 Section 12,Twp. 10 North, Rng.88 West of the 6th P.M.. or as SubdMslon Lot(e) Block Filing/Unit FOR OFFICE USE ONLY IN ACCORDANCE WITH THE PROVISIONS OF SECTION 37-92-304(8), CRS,THE STATE ENGINEER HAS ENTERED INTO HIS RECORDS, UNDER THE ABOVE ASSIGNED WELL PERMIT NUMBER, THE DETERMINATIONS MADE BY THE DIVISION 1 WATER COURT IN CASE NO.W-4469 FOR BATMAN WELL NO. 2 THE REGISTRATION FOR THIS WELL HAS BEEN AMENDED TO REFLECT CURRENT OWNER,ADDRESS AND LOCATION INFORMATION. yr.,IaT-- .f Q Z . at Siev.►., . /tbv. 12, I I stets Engineer By Oats Court Case No,W 1469 Div. 1 Co. 112 WD 1 Basin MD Use 1,9 �861 MEMORANDUM TO: Kim Ogle, Planning Services DATE: February 1, 2012 OUN T Y FROM: Heidi Hansen, P.E., Public Works Department SUBJECT: RECX11-0057, Larry & Shirley Batman The Weld County Public Works Department has reviewed this proposal. Staff comments made during this phase of the process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Issues of concern must be resolved with the Public Works Department. Our comments and requirements are as follows: COMMENTS: CR 37 is a local gravel road and requires a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. There is 30 feet of unmaintained County Right-of-Way south of the CR 120 section line. Please show and label this right- of-way on the plat. Recorded Exemption Applications are required to provide access for both lots (the accesses may not be constructed until sometime in the future but they should be shown on the Plat). Please address where the proposed access for Lot A will be located. Show the accesses on the plat and label them with the approved access permit number (will be provided). If the applicant would prefer not to show an access for Lot B the following statement shall be included as a note on the plat: "The location of the Lot B access is not approved until an access permit application form is received and approved by the Weld County Department of Public Works." This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). REQUIREMENTS: 1. Show and label the 30 feet of unmaintained County Right-of-Way along the northern boundary of the property. 2. Submit a revised Access Permit Application showing the approximate location of the proposed accesses. Please include pictures at the access point looking up and down the County roadway. 3. Show both of the approved access points on the Plat and label with the Access Permit number (will be provided when revised application is submitted). Alternately, show the approved Lot A access and place the following note on the Plat concerning the Lot B access: "The location of the Lot B access is not approved until an access permit application form is received and approved by the Weld County Department of Public Works." 4. Place the following notes on the Plat: a. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. Page I of I C:\Documents and Settings*ogle\Local Settings\Temporary Internet Files\Content.lE5\W �861 Memorandum TO: Kim Ogle, W.C. Planning GOUT_Y DATE: February 6, 2012 1I FROM: Lauren Light, W.C. Department of Public Health and Environment CASE NO.: RECX11-0057 NAME:Larry & Shirley Batman, do Nunn Telephone Company Environmental Health Services has reviewed this proposal to exempt 1 lot off of a 155.12 acre parcel. Proposed Lot A will consist of .047 acres and proposed lot B will consist of 155.07 acres. An individual sewage disposal system and individual well will be required on each lot if residences are constructed in the future. The application states that currently proposed lot A will be used to house equipment for the Nunn Telephone Company. Due to the small size of proposed lot A, if a residence is constructed in the future on proposed lot A an individual sewage disposal system and individual well may not meet required setbacks. The following condition is recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed lots septic systems and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Please note, the lot owners shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sewer line. In accordance with the Weld County Code, if a sewer line exists within 400 feet of the property and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Additionally, please note the following: 1. The proposed acreage for lot A currently does not meet current Weld County Health Department policy. We would encourage the applicant to increase the acreage for lot A to 2.5 acres. However, in the event the applicant cannot or chooses not to increase the lot size, please place the following note onto the plat. Future development may necessitate a larger lot A than what is displayed on the plat. In addition, a larger lot A would provide additional dilution and attenuation of sewage wastes which may beneficial to the environment. 2. Topographic or physical features of the proposed lot, such as ravines, ditches, streams, etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Division recommends that the applicants review the County Code pertaining to Septic Systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. 3. This application is proposing a well as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. Submit by Email Weld County Referral IJanuary 5, 2012 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant: Larry& Shirley Batman, Case Number: RECX11-0057 do Nunn Telephone Company Please Reply By: February 2, 2012 Planner: Kim Ogle Project: TWO LOT RECORDED EXEMPTION FOR TELEPHONE COMPANY. Location: SOUTH OF AND ADJACENT TO CR 120; WEST OF AND ADJACENT TO CR 37. Parcel Number: 030112100006-R0294886 Legal: NE4 SECTION 12, T10N, R66W of the 6th P.M., Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner • associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. nWe have reviewed the request and find that it does/does not comply with our Comprehensive Plan because: ✓ We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: The electronics building does require a building permit A building permit will be required for any new construction, alteration,or addition to any building on the property. A building permit application must be completed and two complete sets of plans including engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A geotechnical engineering report performed by a registered State of Colorado engineer shall be required.or an open hole inspection. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code: 2006 International Energy Code; 2006 International Fuel Gas Code; 2011 National Electrical Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) • Signature I'� 9L PLtNnr.+G Date 'r' lctti Agency VAJ Lott Weld County Planning Dept. 1555 N 17th Ave,Greeley,CO.80631 (970)353-6100 ext.3540 (970)304-6498 fax Submit by Email: A.triTtraz,40 Weld County Referral IJanuary 5, 2012 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant: Larry& Shirley Batman, Case Number: RECX11-0057 c/o Nunn Telephone Company Please Reply By: February 2, 2012 Planner: Kim Ogle Project:TWO LOT RECORDED EXEMPTION FOR TELEPHONE COMPANY. Location: SOUTH OF AND ADJACENT TO CR 120; WEST OF AND ADJACENT TO CR 37. Parcel Number: 030112100006-R0294886 Legal: NE4 SECTION 12, T1 ON, R66W of the 6th P.M., Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. nWe have reviewed the request and find that it does/does not comply with our Comprehensive Plan because: Q We have reviewed the request and find no conflicts with our interests. . See attached letter. Comments: Upon review of my case files and computer under the above name and/or parcel number, no violations were noted. Signature Bethany Salzman Date 01/05/2012 Agency Zoning Compliance Officer Weld County Planning Dept. 1555 N 17th Ave,Greeley,CO.80631 (970)353-6100 ext.3540 (970)304-6498 fax subinilw/Enalli • Weld County Referral IJanuary 5,2012 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant:Lary&Shirley Batman, Case Number. RECX11-0057 do Nunn Telephone Company Please Reply By: February 2,2012 Planner:Kim Ogle Project:TWO LOT RECORDED EXEMPTION FOR TELEPHONE COMPANY. Location:SOUTH OF AND ADJACENT TO CR 120;WEST OF AND ADJACENT TO CR 37. Parcel Number.030112100006-R0294886 Legal:NE4 SECTION 12,T10N, R66W of the 6th P.M., Weld County,Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. nWe have reviewed the request and find that it does/does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature Date /` — � a— Agency F3T 6PL€Lp troisERVATION Or'' Weld County Planning Dept. 1555 N 17th Ave.Greeley.CO.80631 (970)353-6100 ext.3540 (970)304-8498 fax • Applicant : Larry & Shirley Batman c/o Snn Telephone Case # RECX11 -0057 Planner : Kim Ogle Acreage . 159 S . of & adj to wcr 120 W. of & adj to wcr 37 / r ) , : . „..7 //I 011, \` ( It 7 ,, , ,i 1 ` \' `� 11' \)iii4r‘ 1` •. , 1 . , . , ., . . h ' , ,. . , ;i,; t 1 it / , • z .s 1 i • r • ' S • rata.• le*.li ' aiI ` el, CO Road 120 1 .r •. 1. b _ , ., . } 4 - 4.. .r 1 j 1 ; ri . •...• . r ' • f w + 7 . g 1 Y ilLa. 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" CO cn in cncncncnU) cn E > o L Q) p r U c c J `" o c O 0o o -Cii c U) o co o O j( J J c ,- cn T C) T T CJ C r > �— ,,x CD T-' H IJ •a CO r3 t� D U "� N C C T J J C o a) O _ o c� v >. >, ,oO Oil L >> EE10 � ro •a (� (o c C `. O c0 cd a Q in IX J N > O o O O v r O — v CO c c >. = c c c o Q O O '` Z o o .l ` L _ - (� ca O a) o o o > cc ` O • -O c . . U) (0 v0, 0 0 0 0 (.9 U v c o co cp L a < O = > > c v) .o p -a C o La O G7 M Nt O a " > o C c�) cu r� r� a cz a (13 @ c o to O o O < CL cn T .c F- 'd U Submit by Email Weld County Referral C Kit IJanuary 5, 2012 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant: Larry& Shirley Batman, Case Number: RECX11-0057 c/o Nunn Telephone Company Please Reply By: February 2, 2012 Planner: Kim Ogle Project: TWO LOT RECORDED EXEMPTION FOR TELEPHONE COMPANY. Location: SOUTH OF AND ADJACENT TO CR 120; WEST OF AND ADJACENT TO CR 37. Parcel Number: 030112100006-R0294886 Legal: NE4 SECTION 12, T10N, R66W of the 6th P.M., Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. nWe have reviewed the request and find that it does/does not comply with our Comprehensive Plan because: ✓ We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature Robert D. Ring Jr Date 1-12-12 Agency Weld Re-9 School District Weld County Planning Dept. 1555 N 17th Ave,Greeley,CO.80631 (970)353-6100 ext.3540 (970)304-6498 fax • r • U COUNTY ROAD 120 616W 10N 65W r- 0 Q O >- 0 U II _J I 1-1-7- 3/4.4.\Lt. \:41:-.•••\........N"-cz.:, i ----s,„ u aae U �---�, '�-- mac _ 1 _-_• \�- \ \ �1 2 ■r f r' a) H.•4 ` te �t9 S , AJJ aca C li 4 . . i ‘\ Fes- ` � r. [ LU" // _ N)( 1 . v, 1.0 i 0N rf-- - - ‘...\ ,f--?:), N f1 tt NI .„--- LO rl� N O 2 I c•N. I C. O t r'r �' I O \\ I / ' I a44 a gQ �'Lst 1 �' p I c ; r o-as •y i�' I !! 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I Pi' ii .n1stt C r-i r. i >< Ii Y a, tiii, ii lit,cE bi ---,, iv.-," id -- } � : pi if, . ; id r..ti B t,,l o, KOMI :, ! a N !- lt it, t: 11.11;1: 1 'll) III 1 i ;1; i ds<� ,� i — --_ , 0 O rp � � i s sae . • o� ` \ u g t 4..., o ' III a 1t tit; s ,_, al . 9 i 4 ii} r l' n 1 ii0, . r , . of Ali ; ,} 16 # 1 ,i' I i a p ill 9 j l'"1 it � Iii si;: Lh1I i 1 ic ;'111 ?._t: ;1, W I-1 CO 01/04/2012 09:22 9708972727 NUNN TELEPHONE PAGE 01/02 NON TELEPHONE COMPANY . 285 LOGAN AVENUE P . O . BOX 249 NUNN , CO 80648 FACSIMILE TRANSMITTAL SHEET TO: KIM FROM:GREG COMPANY: DATE: Wad Cmmq Pkmtting&Zoning 1/04/21112 FAX NUMBER TOTAL NO.OF PAGES INCLUDING COVER: 970-304-6498 PHONE NUMBER SENDER'S REFERENCE NUMBER: RE:LARRY&SHIRLEY BATMAN RE YOUR REFERENCE NUMBERS APPLICATION a URGENT 0 FOR REVIEW O PLEASE COMMENT 0 PLEASE REPLY 0 PLEASE RECYCLE NOTES/COMMENTS: The tinned Weld County Public Works Department Application is the second page of this fax transmission. If you would like a scat:ncd copy in color please send your email address to gteAgyagl.e001 Please call if you have questions or concerns, Thnnks, Greg Gtablander Manager Nunn Telephone Company 970-897.2701 PHONE : 970- 897 -2200 FAX : 970 . 897- 2727 01/04/2012 09:22 9708972727 NUNN TELEPHONE PAGE 02/02 • • Weld County Public Works Dept. � � 1111 M Street ACCESS PERMIT tpr P.O.Box 758 APPLICATION FORM Greeley,CO 80632 ��...11l ie ` Phone: (970)304 6496 Fax: (970)304-6497 Applicant property Owner(If different than Applicant) Name Gregory R. Grablander Name Larry&Shirley Batman Company Nunn Telephone Company Address 5037 Kiowa Drive Address 285 Logan Avenue City Greeley State CO Zip 80634 CltyNu"" State CO Zip 80646 Phone 970-330-1739 Business Phone 970-897-2701 Fax Fax970-897-2727 E-mail E-mail greg@ezlink.com A.Existing Access De Proposed Access lintel location5ketch The access Is on WCR37 Nearest Intersection:WCR 122 &WCR 37 wca /_to Distance from Intersection 1 Mlle Parcel Number 0301-12-1-00-006 >� a i Section/Township/RangeSect on 12 T10N R66W T 5 /i` 3 Is there ah existing access to the property?❑YES NO 0 N Number of Existing Accesseszero Road Surface Type&Constr Soon Information • -. . .--..-.-J4 ha Gravel El Treated n-Other- .---- - .wen...2// —._._.. Culvert Size&Type 24"Galvanized Materials used to construct Access Road Base Construction Start Date April Finish DateMay Proposed Use ❑Temporary(Tracking Pad Required)/$75 [Single Residential/$75 U Industrial/52SO DI Small Commercial or Oil&Gas/$75 0 Large Commercial/$150 0 Subdivision/$150 D Field(Agriculture Only)/Exempt Is this access associated with a Planning Process? 0 No 0 USR ORE 0 PUD ❑Other Required Attached Documents -Traffic Control Plan -Certificate of Insurance -Access Pictures(From the Left,Right,&Into the access) By accepting this permit,the undersigned Applicant,under penalty of perjury,verifies that they have received all pages of the permit application;they have read and understand all of the permit'requirements and provisions set forth on all pages;that they have the, authority to sign for and bind the Applicant,if the Applicant is a corporation or other entity;and that by virtue of their signature the Applicant is bound by and , o comply with all said permit requirements and provisions,all Weld County ordinances,and state laws regarding facilities toiucctiob. �' Slgnatur Printed Name O e l'r'"ita€4` Date //45,Z-.0-:-4, Approval or Denial will be issued In minimum of 5 days. Approved by Revised Date 6/29/10 iVe�y Weld County Public Wo�Dept. 3 1111HStreet ACCESS PERMIT �„ sr co P.O. Box 758 Ie — 4 Greeley, CO 80632 APPLICATION FORM '4/C*j9- Phone: (970)304-6496 Fax: (970)304-6497 Applicant Property Owner(If different than Applicant) Name Gregory R. Grablander Name Larry& Shirley Batman Company Nunn Telephone Company Address 5037 Kiowa Drive Address 285 Logan Avenue CityGreeley State CO Zip 80634 City Nunn State CO Zip 80648 Phone 970-330-1739 Business Phone 970-897-2701 Fax Fax 970-897-2727 E-mail E-mail greg@ezlink.com ♦= Existing Access A= Proposed Access Parcel Location &Sketch The access is on WCR37 Nearest Intersection:WCR 122 &WCR 37 wca =0 Distance from Intersection 1 Mile I Parcel Number 0301-12-1-00-006 Section/Township/Range Section 12 T10N R66W ,r GE1 E. Is there an existing access to the property?❑YES NO E N -A 3 Number of Existing Accesseszero Road Surface Type&Construction Information Asphalt J__l Gravel O Treated in Other wca //6' Culvert Size&Type 24" Galvanized Materials used to construct Access Road Base Construction Start Date April Finish Date May Proposed Use Temporary(Tracking Pad Required)/$75 ❑Single Residential/$75 in Industrial/$150 ESmall Commercial or Oil &Gas/$75 DLarge Commercial/$150 ❑Subdivision/$150 E Field (Agriculture Only)/Exempt Is this access associated with a Planning Process? in No EUSR ERE SPUD DOther Required Attached Documents - Traffic Control Plan -Certificate of Insurance -Access Pictures (From the Left, Right, & into the access) By accepting this permit,the undersigned Applicant, under penalty of perjury,verifies that they have received all pages of the permit application;they have read and understand all of the permit requirements and provisions set forth on all pages;that they have the authority to sign for and bind the Applicant,if the Applicant is a corporation or other entity; and that by virtue of their signature the Applicant is bound by and agrees to comply with all said permit requirements and provisions, all Weld County ordinances,and state laws regarding facilities construction. Signature Printed Name Date Approval or Denial will be issued in minimum of 5 days. Approved by Revised Date 6/29/10 ALTA COMMITMENT 6-17-06 SCHEDULE A State:Colorado County:Weld Agent#: Order#: Assessor's Parcel No. CO1032 04981A2011 030112100006 1. Effective Date: November 25,2011 2. Policy or Policies to be issued: a. ALTA Owner's Policy of Title Insurance(6-17-06) Proposed Insured: Amount b. ALTA Loan Policy of Title Insurance(6-17-06) Proposed Insured: Amount 3. The estate or interest in the Land described or referred to in this Commitment is: Fee Simple 4. Title to the estate or interest in the Land is at the Effective Date vested in: Larry G. Batman and Shirley M. Batman 5. The Land referred to in this Commitment is described as follows: The Northeast Quarter of Section 12,Township 10 North, Range 66 West of the 6th P.M., LESS AND EXCEPT the portion lying within County Road 37. Issued By: H.C. Peck&Associates, Inc. 4001 Fox Street Denver, CO 80216 (303)623-6112 --- `CL s Authorized Ignatory This Commitment Is being issued for informational purposes only. NOTE: This Commitment is of no force and effect unless Commitment cover,Schedules A, B-Section 1 and B-Section 2 are attached. CM-2S/ALTA(6-17-06)Commitment for Title Insurance Schedules A,BI and BII (WLTIC Edition(10/12/07) ALTA COMMITMENT 6-17-06 SCHEDULE B - SECTION I REQUIREMENTS Agent It: Order It: CO1032 04981A2011 The following requirements must be satisfied (unless otherwise noted, all documents required to be recorded must be recorded in the official real estate records of the county in which said property is located): 1. Payment of the necessary consideration for the estate or interest to be insured. 2. Pay all premiums,fees and charges for the policy. 3. Documents satisfactory to the Company creating the estate or interest to be insured, must be properly executed, delivered and recorded,as follows: to be determined 4. Payment of all taxes and/or assessments levied against the Land which are due, payable or delinquent. DISCLOSURES Note: If the sales price of the subject property exceeds$100,000.00 the seller shall be required to comply with the disclosure or withholding provisions of C.R.S. 39-22-604.5(Nonresident withholding). A notice given in conformity with Section 10-11-122 CRS) The subject land may be located in a special taxing district; a certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer's authorized agent; and information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners,the county clerk and recorder, or the county assessor. Colorado Revised Statutes 10-11-123 requires the following notice: (a) That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas,other minerals,or geothermal energy in the property; and (b) That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: Issuance of this commitment and any policy that may be issued therefrom Is subject to underwriter review and approval by the title insurance company and to such corrections and additional requirements and/or exceptions as the underwriter may deem appropriate • NOTE: This Commitment is of no force and effect unless Commitment cover,Schedules A, B-Section 1 and B-Section 2 are attached. CM-2S/ALTA(6-17-06)Commitment for Title Insurance Schedules A,91 and Bil (wLTIC Edition(10/12/07) ALTA COMMITMENT 6-17-06 SCHEDULE B - SECTION II EXCEPTIONS Agent#: Order#: CO1032 04981A2011 Schedule 811 of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the Proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Rights or Claims of parties in possession not shown by the public records. 3. Easements or claims of easements not shown by the public records. 4. Discrepancies, conflicts in boundary lines, encroachments,overlaps,variations or shortage in area or content, party walls and any other matters that would be disclosed by a correct survey and/or physical inspection of the land. 5. Any lien, or right to lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public record. 6. Any water or well rights,or rights or title to water or claims thereof, in, on or under the land. 7. Unpatented mining claims; reservations or exceptions in patents or in the Acts authorizing the issuance of said patents. 8. All taxes, assessments, levies and charges which constitute liens or are due or payable including unredeemed tax sales. 9. Liens for unpaid water and sewer charges, if any. 10. Any existing leases and/or tenancies and any and all amendments thereto. 11. All oil, gas,and other mineral interests,any leases thereof,and the right to use the surface estate for ingress and egress and any other right or privilege incident to the ownership of said interests. 12. Terms, conditions, provisions, agreements and obligations as specified in the Grant of Easement from Ralph W. Rodenbaugh to The United States of America dated July 10, 1961 and recorded July 21, 1961 at Reception No. 1359953 in Book 1589 at Page 419. NOTE: This Commitment is of no force and effect unless Commitment cover,Schedules A, B-Section 1 and B-Section 2 are attached. CM-25/ALTA(6-17-06)Commitrnent for Title Insurance Schedules A,8I and BII (WLTIC Edition(10112/07) • • CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD H.C.Peck&Associates,Inc.,a licensed title agent,hereby certifies that it has made a careful search of the Weld County records,and finds the following conveyances affecting the real estate described herein since August 30, 1972,and the most recent deed recorded prior to August 30, 1972. Weld County records were available through November 25,2011. LEGAL DESCRIPTION: The Northeast Quarter of Section 12,Township 10 North,Range 66 West of the 6'h P.M.,LESS AND EXCEPT the portion lying within County Road 37. CONVEYANCES(if none appear,so state): Reception No. 1540704 Book 619 This certificate is made for the use and benefit of the Department of Planning Services of Weld County,Colorado. This certificate is not to be constructed as an Abstract of Title nor an opinion of Title,nor a guarantee of Title and the liability of H.C.Peck&Associates,Inc.,is hereby limited to the fee paid for this Certificate. In Witness whereof,H.C.Peck&Associates,Inc.,has caused this certificate to be signed by its proper officer this 15'h day of December ,2011,at Denver,Colorado. Company: H.C.Peck&Associates,Inc. By: PAf l.P S '�Authorized Signa APN 030112100006 .rL` race 819 0014161it :Sal 10ivswa r 4 j ,. miaow 15407704 . taw roast ass i I • • , I i I j{ sot is. twentieth s t Dea®ber • us iPU O s,a tat us.M Y•Wi t eyed a sixty-nine ease • ,.:. AiT83 V. HDDiAB►9GH • j r P. St aMlt Veld WYY i ItM— St �.. t1,4 1 a naeraw LORI G. NATBAN and rSDQ.s+r n. DssnN x L I "t d M Cap a Veld • at MS at edae•s t Y 1{ I .o woad Mat . -t 1': Weeraee•i'Mt 1•a r NM party tYamiN �nw�M��r SCUMS - MY.ad 1 .414 n OtherOthervaluable consideration and Ten and aoJ1SCUMSF •I I a toSrr sty tY 4 nt In rat Mr 4Y as Mtba tY aaatalet Y nil end.' o baby adawtw dtr,A esa Pal wart,aaM Y all rwt a raja al le M Pea Me SOS i, wen Slab.ear warmed t -_t all was de�Mel pa,a pan r maw Ss „ o r ld 1. -; lad atnwta r rap al ear adpat ear Wenlset asawdaaO ae,dtM leocn — -45 �rata rd PILO w•aa dMe4 wlm • _, re Northeast Quarter (20) cf Section Twelve (l2), North AaIS (Aye) of the F3rthveat Quarter (ml$)L of Section Twenty seven " , (2?), all in Tornehip Ten (10) Norte a this (66) - teat of the 6th P.N., and the A Ps t (( )of Section �... Tbirty-four ($4), Township Ten (10) North, Page Ssxtj-five P (65) seat of the 6th P.N., excepting end reserving unto the • Ca,) grantor herein for the term of his tetanal life an undivided one-half p((11//2) of all ythhge oil, gas and othern set l2 Town=Dip 1 ,te aloha a aIId .thouligt of � tuna the Std$ of the of Section efa, :•wnshi.P 10 North, Mange 65 Vest of the 6th P.A. •• Teen=. aebr r Mahn alt raw as s ass b Wow btt_slaw velasid ye iimaat me .1 ,�•.. al aa Sat t M as W des.lama dela sr tad ass*t ee rid any dal r as!%bat La es r.the a.a al a r daa-alarm loam ft ass gag ewnra c a - .5 le WAva AND TO MOLD es nie gam aw WSW a a..naoa via rewerns Ma Y t oat wen t r aced pea r ands a as peM.etas ski al wa t as imam he- -.AS as aid fag' WIN as seal to+ridAd S,bleira erma et addein ,O tie - swat aaa,brjr W tan M Mt-Si r Si peiv a r ant larkla snow al YA as • aal•e all r bola w awry t sea anew%Oa m Y trio a as aawaa•w ding t M Maas he is as alt a rwoes aqua,ata-A as of Maas%Men SI Ma al!/Math Is d Mayay I to Is In area,ass he sad del,la wane lade aieo!•Mae►%Male .. a W sane no ow Y note W In tsaia.W r Ma r aaa as as ma all gnu 'ma w n 02* t 3 saw Vow Metre arc aw la rase.rod•a•Wraa a.lama Mel Iw Subject to reservations and exceptions lE it red tions contained in t ee , States aunirn Pacific Dmsi.lway;t from ttooei elusion within e of l the VesteGres Gres' pp1y1 aa t� • YIO wanes PA7a a tri�t, the Ncanis or way am ea easements , ; meervati, . Dn 1Y/1+ and Mkt eaeamen s ass ibt slave Mweara gashes r as lea ad paaatr padas of an all area a as Oat Nit as antes M them,as,Olga W r is.W wipe d web warm Nob*dawn aeaa w nano • L. Bala te.Mw or In dal.a.lbw Of.e as ran ram pal ad*as art doll w ai WAnzANn MID YOAAVI*DAYAMD. i IN WITNpe WMaaao►.r.aa away d S.art wt b.9 ►rasa w hie ;Ma W • • W r Si W par Oa Man malt. '• ........ mil.) �j t.F/}' .e•9 .4 55.L W D.t.M wa r Pea aaa d �fre a'��)�WSW t' Ark 0 1 1. t , _._ •• seeAW „ , isii�a. a 144. CO•.or•AhO'la. TM lowly Par.at ma aa.edaatra brl.a a vela -iat� era i w.N J µl RALPH V; Rorr AVG9 - •r i w•� t., . WOOS alt Nod W ea��jg�IS ��y mlp Cambia Waal •aa r .-�'�-+ --•T�.• �t i 00. ' asap was. tit or-• -- WAPMAMTY hash lo !Mot Tease. it 4_ JUL 211961 soul1589 tw419 1359953 Asa Saa.w,rcadet amt N.. Project: Francis E. Warren AFS Cable Facility Tract No: 902 E GRANT CF sown THIS INDENTURE, made this O day of July 19 by a and fees LAO e V Bmaee flE (T'T parties of the first part, and the�rlN ED M.s3 F AMERICA, party of the second part, vitnessseth: , s} That the partiOo of the first part, for and in consideration of lass ,,wait ..11/2..oligy.tt Dollars them in hand paid by the party of Nhesecond psrt, the receipt of vhich is hereby acknowledged do hereby grant, convey, bargain, and *anent unto the UNITED STATES CF &&RICA, party of the second part, and its assigns, forever, the perpetual right-of-way and easement to place. construct, maintain, operate, repair, patrol, and remove a cable line, junction boxes, manholes, end other appurtenances in, upon, over, and under a strip of land 16} feet in width, At feet on each aide of the canter line of the cable line es placed, running across the following described lard, now owned by us, in Salt County, State of Colorado: !Willi ofiSectionl 12 Township 10 North, Range 66 vast of the Sixthtogether with the right of ingraaa and egress as my be necessary to maintain, operate, repair, patro`., and remove said cable line, junction boxes, manholes, are other appurtenances- said richt of ingress and egress to be exercised by the UNITED STATES Of AI1Et!CA, its representatives, agents, and contractors in a reasonable mnneh. Said cable lira is :o be maintained and operated as constructed or placed. namely, at least 36 inches below the surface of said land. Said junction boxes, manholse, and other appurtenances may be maintained and operated es constructed or ;laud, namely, extending to or above the surface of said land. The parties of the first part, for their heirs, administrators, executors successors (if a eorporatian) and assigns, covenant end ages that they mill no, permanently remove or shift-the soil or rearrange the contour, or change the level of the surface of said 16?- foot strip of land, by terracing or othervie•,, so as to reduce the vertical distance between, the surface of the 16'r feot strip of lane. and said cable and%mdersramd appurtenances. Ps The party of the second part shall be responsible for future los or sue damage resulting eirectly from the exercise by the UNITED STATES OF AiE.IICA d7, its representatives, agents, and contractors efts right to maintain, operate, repair, and remove said cable line, junction boxes, manholes, and other appurtenan:tz, subject tc the availability of appropriations for the a payment for such Ions or damage_ 0 0 Said cable line, junction boxes, manholes, other appurtenances, and a �'.. equipment constructed or placed by the party of the second part eha:l remain the property of the UNITED STATES OF AINRICA and may be removed by the UNTIED STATES OF AMERICA at any time. OD E re _tt. .. -� oo ..._amp ' _torte.—.mod. .. _ .. _. a.r.- . v.,-,6t 1569 m442U _. There is rsaarrad to the parties of the first pert, their hair*, ..recitora, adalnietretora, successor* (if owrpatte attar), aid assigns all right, title, interest end wittier oeat way a right-et-Anyreised sod enjoyed cad seneoeed t I without interference with or abridgment torero granted. 11e cement hereby conned is wbyeat to oil, Cat, and admirals ald/or interests therein, end efftiag easements tee public roads and high- ways, public utilities, railroads and pipelines. and we, the said parties of the first part, for aureole's and our I heirs, executors and adatnistr'ators and Nsoessors ( with atiOt),assigns, - do covenant with the said party of the Men if d part, free'that we Sr. lawfully waited of said land; that the mefrom to encvobrenee exeunt -!geres of record and unpaid tomes, if awl have good right and lawful authority to sell the some and that us trill and our heirs, executors and administrators shall warren of fs and defend said perpetual right-of-way right-of-t and easement unto the said party all fen second pert and its sestina forever against the lineal claim, s wtnrsoever. The grantors agresely waive the benefit of any homestead lswe which would affect said right-of-way end ewmeat. IN WrNISSAIREREGF, the parties hereto have executed this indenture se of this allay end veer first above written. / y " , lJ � r)u[ - / (guar) I LS (Spouse) I _.. -. (Deter) (spouse) (Omer) (Spouse) (Omer) (Spouse) / ,y S Tires ST:TFS OF ARNICA ....zo_ (wit....) STATE OF COLORADO COMITY OF d rie74 -• She female( instrument vas acknowledged before me thiet0 ..•.ttp 19 . by B Y_ Br alch aIb en ---- S. • ti.. 'boo ..Ltd official seal]�2jj r 'met.:%,. /.df e ea ry �/ Mr commission expires: Hello