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HomeMy WebLinkAbout20113252.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION, RECX11-0039 - FRANK FAMILY, LLC, C/O PAMELA OVERMILLER 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, RECX11-0039, was submitted by Frank Family, LLC, do Pamela Overmiller, 3434 Valley Oak Drive, Loveland,Colorado 80538,for property which is located on the following described real estate, to-wit: Lot B of Recorded Exemption #4076; being part of Section 8, Township 5 North, Range 67 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, RECX11-0039, 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 95.8 acres and 6 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 Frank Family, LLC, c/o Pamela Overmiller,for Recorded Exemption, RECX11-0039, be, and hereby is, approved subject to the following conditions: 1. A Weld County Septic Permit is required for septic systems and shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) 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. 2. The West Greeley Soil Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on-site soils. • FL , Apps. 2011-3252 j- aLt-ica RECX11-0039 RECX11-0039 - FRANK FAMILY, LLC, C/O PAMELA OVERMILLER PAGE 2 3. All septic systems must be located on their respective lots and meet all lot line setback requirements. The applicant shall provide a drawing of the septic system, with dimensions and distances from lot lines, to the Weld County Department of Public Health and Environment. 4. Prior to recording the plat: A. The applicant shall address the requirements of the Town of Windsor, as stated in the referral dated November 18, 2011. The applicant shall reserve an additional 30 feet of right-of-way in lieu of dedication. B. The applicant shall address the requirements of the City of Greeley, as stated in the referral dated November 9, 2011. C. The applicant shall address the requirements of School District RE-4, as stated in the referral dated November 7, 2011. 5. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 0957-05-1 RECX11-0039. B. The approved accesses, labeled with the Access Permit number. C. The oil and gas setback radiuses for existing wellheads and tank batteries on the site, in accordance with Section 23-3-50.E of the Weld County Code. D. Label the gross and net acreage on Lot A and Lot B. E. Label lots from prior recorded exemptions. F. 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 the 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. 2011-3252 RECX11-0039 RECX11-0039 - FRANK FAMILY, LLC, C/O PAMELA OVERMILLER PAGE 3 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) All structures requiring building permits shall be located within the designated building envelope. 5) 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. 6) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots A and B has an adequate water supply of sufficient quality, quantity, and dependability. 7) Prior to the release of building permit, the applicant shall submit evidence of approval from the Pawnee Fire Protection District to the Weld County Department of Building Inspection. 8) Should noxious weeds exist on the property, or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 10) Effective April 25, 2011, building permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. 11) 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. 12) 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. 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 Weld County Board of Commissioner 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. 2011-3252 RECX11-0039 RECX11-0039 - FRANK FAMILY, LLC, CIO PAMELA OVERMILLER PAGE 4 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of December, A.D., 2011 BOARD OF COUNTY COMMISSIONERS W LD COUNTY, COLORADO ATTEST: SV /& k-e- a _ `Barbara Kirkmeyef, Chair / Weld County Clerk to the Board -- .-_1t,.� • 4 E . a N can P. Con • -, , Pro-TemCD- BY: / - - Deputy CI k to the Boar f i .+.s !� a _ / � teat ,...`., � *._�P WIT il . m F. Garth. I APP D A ORM: V® fir -., 03 C Q� 1,1 avid . Long ounty Attorney - V C Douglas ademache Date of signature: I - /K-H\ 2011-3252 RECX11-0039 Memorandum 18 6 I - 2011 TO: Weld County Board of County Commissioners FROM: Tom Parko, Planning Manager._--a Department of Planning Services ' WE L D__,C OU N Ty CC: Trevor Jiricek, Planning Services Director 1 DATE: December 13, 2011 RE: Case No. RECX11-0039 (Pamela Overmiller) On December 19, 2011 the Board of County Commissioners will review a Two (2) Lot Recorded Exemption (No. RECX11-0039) for Ms. Pamela Overmiller who is disputing the School District Impact Fee being imposed by Weld RE-4 School District in the amount of$2,240.00. Per direction of the Board of County Commissioners and County Legal Counsel staff has been directed to take cases to the Board concerning School District Impact fees. The Department of Planning Services Administrative Review (Staff Report) concerning Case No. RECX11-0039 is included as part of this memo. Page 2 of the report under Condition No.4.C, "Prior to recording the plat"states, "Applicant shall address the requirements of Weld RE-4 School District in their referral dated November 7, 2011". A copy of the District referral is included as part of this memo. Page 4 of the report under Condition No.9 states, "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". Based on the findings herein, staffs recommendation is to deny RECX11-0039 for failure to comply with Section 24-8-40.K.1 of the Weld County Code. Sec. 24-8-40.K.1 Exemption standards. "The approval of an exemption may be conditioned or restricted to carry out the intent of Section 24- 1-30 of this Chapter or to mitigate impacts or address concerns of referral agencies. Conditions and restrictions may include, but are not limited to, designation of building envelopes, creation of conservation easements or other legal mechanisms to encourage agricultural production on the parcels and to maintain irrigation water for the parcels, the utilization of existing housing, and the satisfaction of school district concerns, pursuant to the requirements of Section 30-28-133(4)(a), C.R.S. Conditions of approval shall be met prior to recording the plat, and restrictions may be enforced by means of notes on the plat." The Board of County Commissioners have the authority under the following section to review the case when staff has made a determination that the applicant failed to meet one or more of the standards as part of the Recorded Exemption. 2011-3252 1 Sec. 24-8-70.E Duties of Department of Planning Services and Board of County Commissioners. "The Board of County Commissioners shall hold a public hearing to consider the exemption application and to take final action thereon, if the Planning Staff has determined that the application has not met the standards of Subsections 24-8-40.A through O above. The Board of County Commissioners'decision shall consider the recommendation of the Planning Staff, referral agency responses, the application case file and facts presented at the public hearing. The Board of County Commissioners shall approve the exemption application unless it finds that the applicant has not met one (1) or more of the standards as listed in Section 24-8-40." Ms. Overmiller, the applicant and Ms. Watson, from RE-4 School District were provided copies of staffs findings and recommendation to the Board of County Commissioner's and both were notified of the hearing. 2 • • 1861 - 2011 DEPARTMENT OF PLANNING SERVICES 19 RECORDED EXEMPTION W E o C OUNTY ADMINISTRATIVE REVIEW Applicant: Pamela Overmiller RECX11-0039 Planner: T. Parko Legal Lot B of RE-4076; Section 8, Township 5 North, Range 67 West, 6TH PM Description: Parcel ID#: 0957-08-2-00-047 Lot A Size: +/-6 acres Lot B Size: +/-95.8 acres Water Source: City of Greeley Sewer System: 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. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that all of 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 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. • • 2. The West Greeley Soil Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on site soils. 3. All septic systems must be located on their respective lots and meet all lot line set back requirements, Provide a drawing of the septic system, with dimensions and distances from lot lines to the Weld County Department of Public Health and Environment. 4. Prior to recording the plat: A. Applicant shall address the requirements of the Town of Windsor as stated in their referral dated November 18, 2011. The applicant shall reserve an additional 30 feet of ROW in lieu of dedication. B. Applicant shall address the requirements of the City of Greeley as stated in their referral dated November 9, 2011. C. Applicant shall address the requirements of the Weld RE-4 School District in their referral dated November 7, 2011. 5. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 0957-05-1 RECX11-0039 B. Show the approved access points on the Plat and label them with the Access Permit number. C. 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. D. Label the gross and net acreage on Lot A and Lot B. E. Label lots from prior recorded exemptions. 6. 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) All structures requiring building permits shall be located within the designated building envelope. 5) 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. 6) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots A and B has an adequate water supply of sufficient quality, quantity and dependability. 7) Prior to the release of building permit, the applicant shall submit evidence of approval from the Pawnee Fire Protection District to the Weld County Building Department. 8) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 10) 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) 11) 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) 12) 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. 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 Staffs 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. rTh Digitally signed by /��� Tom Parko / O/gAO Date:2011.11.23 13:08:32-o2'00' Date: November 23, 2011 By v Tom Parko, Planning Manager Tom Parko From: Stephanie Watson [stephanie.watson@weldre4.k12.co.us] Sent: Tuesday, December 13, 2011 12:39 PM To: Tom Parko Subject: RE: RECX11-0039 (Overmiller) BoCC Memo Thanks—I'll see you next week. %VCt „ RE- SCHOOL E- SCHOOL DISTRICT Stephanie Watson Assistant Superintendent of Business Services 970.686.8015 From:Tom Parko Jmailto:tparko@co.weld.co.usl Sent:Tuesday, December 13, 2011 11:54 AM To: Stephanie Watson Subject: RECX11-0039 (Overmiller) BoCC Memo Stephanie- Good morning. I wanted to provide you with a copy of the memo going to the Board of County Commissioners concerning Case No. RECX11-0039 scheduled to go before the BoCC on December 19, 2011 at 9:00 AM. BoCC meets at 1150 O Street, Greeley, CO. Kind regards, Tom Parko, M.A., CFM Planning Manager Weld County Dept. of Planning Services 1555 N. 17th Avenue Greeley, CO. 80631 Office:970-353-6100, ext 3572 Mobile: 970-302-5333 86 an . I Yi f ' n. l:Y JN' Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number D T S 7 - Dpi- ,r- O r? - n / 7 (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us) Legal Description i--o R ge 401(C , Section ,,Township % North, Range 6-West Has the property been divided from or had divided from it any other property since August 30, 1972? es Non Is this parcel of land, under consideration,the total contiguous land owned by the applicant? Yes NoO FEE OWNER )OF THE PROPERTY: Name: I 1 (/F— "f'4-171t L 1 ryt Work Phone ( , Ho Phone il-- Email Address 7r-ma.x c rn.1\c r e'5,rw\r 06.- Address: t) t}a (2- i1 V City/State/Zip Code 1 q U 21 cL � W?`-�i p APPLIC OR AUTHORIZED AGENT( Below:Authorization must accompany all applications signed byAuthohzad Agent) Name: 117'Y1L) L Lap)curl', 4 t� Work Phone# /1/1&C--] L /1&C— Hole hone# Email Address Address: City/State/Zip Code Lot A Lot B Lot C Lot D Smaller Parcel Water Source A"rccl 1TeX.) eA Lilt<.Plei Type of Sewer ma-„4 c{:e_ i;X, sc!,,};a_ Proposed Use K .S AA AolFE;t„i(�/(„, Acreage A&A AcreS e, ftt c Existing Dwellings? If Yes, list address If Yes, listddress If Yes, list address If Yes, list address below: below below: below: ' 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 e ust be included showing the signatory has the legal authority to sign for the corporation. i nat r : r 4/4.74,77,urAuth % �i Ci!/ ////,ttom�� t nature:O r r A �zed Age t Date Signature: Owner or Athodzed^Agentif Date � r, /,9/3 t/ RtCORDED EXEMPTION(RF:i APPI I4;ATION FOR PLANNING DE PART MI:N(fJ'.i:, DATERFi:twY[TS . , RECtIPTrAMOUNT s-- . y- CASES af,Srt Nt[ _ _ IAPPLICA nOPi RH:no [-, RY, PLANNER A5$1GPii-7 ;'canal Neer Cr. 1 'i ' ' r, . - r, .-, 07 data Parts bin w,Tail,: roman tetatsta a Ws V•40.1'.Ash Aitsw.ti s frka n.3'M'W W cc.. ..At, Leal Dnc4cc` t its... ..V, j _s Saxton_,h.. 'tranship S_rkada._ R.rqa ic 4 wee ���5^t Al Mae she cry'fh tarn dr�edad Der er had&ad. Dern 4 any Ohm paperer sate Augan Se. w Din Piay.,< to this Pat.a d IAhw. r4er w-,s.derse a,, the total nxnst..a.ts lama ',arm ti,the appart' Yes Nog FEF CW wart;Sl OF frIP t'otOFPF T Wont Phone a _I(pate Phonq t ...—Cm.,F Adaere44____ Address Cfp'StrafZI'Ctkle APPLICAta Cali&UT FICIR`lro A;eNT iI.r,ar.•.. 4.414r1 Mint a"Ai rao+s+Ty Y Irpcts.,ayvd A•amne0ngSr..,_.. Nurse Wus Phased_ .Halve Plait It Fnlen Addrele Address _... I IalA Lan Intl II Zar as . Parcae OM*Satre cet i.r 1 (�( ) Gad. Gil.r• 0.111:-.4_ _ i rypaorsaw* t.4j _ J. — _ _.. r € k,x. g - . _I Proposed UK R{-`- 1*t -�-i fit`' '��ic .- �. .gin. � — _ _I Fining Dwetllns+ 11 Yes. Sw address Veers be address tfrVic; bl adorns It halt add: i p10y�a�'a vacant w Ynanpr4Nd IMaR.prYpaaad saner E*ne wad proposal set er iyeee 75 .e ah pace* n "ewrnk.aft For ehamcla• I 401.04 ono saptic IS Pratr sad Fla tl+opaaad was Plce4Ded sea n Mrl) Wan tan sat deeatued property toe deasyseted I Recorded txartwabn Dy IM Weld County Moe Of Carly Canmsmort.ts I ;Wel hereby dose and whale wider penal!d parlay that al teatatraags peratev is sty plans ramollea.a Cr aonwlnra aphis the Wrife aaor are rue and Correct <p the oast or my amierPs wAedpe `i47a.halas d alt tea awnery d pt lertY mss „Cr In *ph:atm it an AsamiZed t signs. ■ lewd ar atabat tat.n, hum .It tine pitcen mule tae via] aA}w rho rifle. Ir * 4arppeat•7f it ire 04.a paler rpp.ve4 .vde%?s Windt be included showing thaatjt.sdy has the Mend.utrealy ro IMps S the wpar#a w f.�. , Dale 9risor r-i as irrdgian C art Ilal. strature-$wane:Akete ed k+je t . 1.Domestic Water Existing Water Taps—See attached water bills. Irrigation Water Irrigation water will remain with Lot B 2. Disposal of Sewage Lot B has an existing septic.See attached information. Lot A will apply for a new septic permit at the time of the building permit. 3.Property Use Lot A will be residential &Agricultural uses. Lot B will be residential&continued agricultural use. 4.Location Lot A will 3-6 acres in size and located in a nonproductive portion of the property. 5.Physical Characteristics There are no physical characteristics unique to this site. Lot B has existing improvements and will continue in Agricultural production. 6.Building Envelope Not Applicable 7.Business or Use be Special Review There is an existing SUP-162 on Lot B for a feed lot. We wish to retain the SUP on Lot B p C t, Weld County Public' • Dept. a 1111 H Street ACCESS PERMIT -ore, r 0 P.O. Box 758 O -or Greeley,CO 80632 APPLICATION FORM �4/C*10 Phone: (970)304-6496 Fax:(970)304-6497 Applicant Property(Q�,ner(If different than Applicant) Name T.a,7t la_ Ol.tIzk t i II..4 . Name '4UK_ L i-C Company -i v 1 . 6i LL-e- VLt 34 ���}4 "bi—• Address.913LI Ikaltti Of r.Tk.� CityL0UeJ&t/t..Q_MState� Zipt)5- City lab e,(.644,41--- i State(,Q 214053g Phone 9� - 60--WV- Business Phone qv 6 1-ggi.L Fax Fax I n E-mail E-mail>fri0l Alit( V) LLe nt 4=Existing A5ssA-rruposedAccess Parcel Location&Sketch 'gt lit��) The access is on WCR /5 Nearest Intersection:WCR IS &WCR (00 wca Distance from Intersection /a,—yn i 1-e, Parcel Number (')1)S705 n-091 (o teN Section/Township/Range `i 5 (or) '(` 5 rc Is there an existing access to the property?®YES NO O N 3 3 Number of Existing Accesses A Road Surface Type&Construction Information Asphalt Gravel Treated n Other Culvert Size&Type Materials used to construct Access Construction Start Date Finish Date Proposed Use El Temporary(Tracking Pad Required)/$75 'Single Residential/$75 O Industrial/$150 Small Commercial or Oil&Gas/$75 D Large Commercial/$150 O Subdivision/$150 O Field(Agriculture Only)/Exempt Is this access associated with a Planning Process? O No O USR ORE OPUD pother 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 mpiy with all said permit requirements and provisions,all Weld County ordinances,and state law regarding facilities c nstructionz., ' // i /, KIN AL-)/ Signature v,/ V) l� 91+t%�'L Printed Name din- �� C�1g(2Ihl ) „if. Approval or Denial will be issued in minimum of 5 days. Approved by Revised Date 6/29/10 • • Weld County Treasurer Statement of Taxes Due Account Number 83797805 Panel 095708200047 Legal DcaldPI II Sian Address PT NW4 8-5-67 LOT B REC EXEMPT RE-4076(1228) 2853015 CR WELD 000000000 Account R3797805 OVERMILLER PAMELA K LT(33.387%INT) 3434 VALLEY OAK DR LOVELAND,CO 80538 Year Charges BBkd Payments Balance 2010 Tax 21,93398 $1,933.98 $0.00 Grand Total Due as of 09/14/2011 $0.00 Tax Billed at 2010 Rates for Tax Area 0408-0408 Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 16.8040000• $386.49 AG-FLOOD 536,688 510,640 SCHOOL DIST REA-WINDSOR 48.4490000 21,114.33 IRRRIGATED LAND NORTHERN COLORADO WATER 1.0000000 S23.030 AG-WASTE LAND $77 $20 (NC AO-ALL OTHER $7,000 $2,030 WINDSOR-SEVERANCE FIRE 7_1940000 $165.46 LAND WINDSOR-SEVERANCE FIRE(BON 0.7000000 316.10 FARMIRAN(.-H 395,843 37,630 RESIDENCE-MPS AIMS JUNIOR COLLEGE 6.3600000 $146.28 OTHER BUM.- $9127 52,680 WINDSOR LIBRARY 3.5790000 58232 AGRICULTURAL Taxes Billed 2010 84.0860000 $1,933.98 Total 1148,835 523,000 •Credit Levy ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LUENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1.REAL PROPERTY-AUGUST 1. JAW County Treasurer P.O.Box 458,Greeley CO 80632 1400 N 17th Ave,Greeley CO 80631 (970)353-3845 ext 3290 • 0 • !M1"- Y�-R'Y ?ice — ..Y: } �J� 't w .J x} ` �1 w j �i> kt e r k 3 � }Jq en r 4a`2< l .Y .¢ t Yw � La S _ �'S-..L .,lS "� . r7 . a— X S, T�- ,-:S f"..i. y,,, fir, 4r — K _ at' - _ _ _ 1i 'y. •y; • _•#.. ,7 u r R 55 3.� '� L7."4.... ,V 7 s� :r a 3 3,�7Yx. r=i' .t.":F;''.:"j� '+ '...t f h �'x_ r x" '• . n',.'��1 b% ` •i f 1 '. i c,-' SS Fu 3 a'a. 9 i C 4 N F-r'(•'� 5-' 1�, :ii ;; .5,i4:4:6.,::: -.--;'!:.•'•:•'''', . t'V;i ` ? .i .sr A r N tr ./ c ad �`{ :,F. s ''ham. ?'^�f'i -v;�'a.'.tl: .'ta...-` y 'r s`, !-ir.v".I.; ��..3 -tiye r '� A`` ;.:3 t s ••L 3 : • -ri q 7y,a 4} h.' j -•i 3 irk '�r-���� ��' ;is;3�rh' 2_-4 �4r t,'t•-{o4- :ill' C,-ey+l9lstt�`.� �r�3 r" `'i, - .... zZf:? , ..�• _.... }-> xr-''.'-_. •-, --. .,�"if+is - ..yi ;,,,: ✓rr6 Y�r?.4? a .-1!:, 71 � .� ti7l�'! L. .-,?,.. � J f Est'Fs f 3. •.',.,.‘i•-•,'''..,- .... ti '. ..4I „V4.• s2 x rw• . y_ t`"." ry*�.;:` r�y `-l6 15Kr i -a �- Ji (L h. - �f,V; :,.:;- w. R. F Z - 3a i r?S.y- j i !';,-..:,,..,:.'':;, :i:;.-4 ti, -� i,�9if J J'F lvlw 3fy,'Sf^ '.4A443'j'��( 4 y.,d Aj,: `;R...' tr` ..fq;.. ,fit, F`. �h r .G.. ''c5 ,r�t1 s r i K.rY-ire r{ 'i : k{.,7 ti s. .fit'' "y..* k `4t-' ` .-Z r'? : :a't -.fi.v': ` �N9,-et ���e ;441. t z-s ' �i1'a , i� �'7''Ltd A + !r.;rv^j rT '1{i �:r '4S,--,:. .z- ttt -:7:::'- o 7, k '- f r �c V.s,._3 t ^.t .-7 pk.."_4: dS r1.-.r �.y �- J"4 v !` ` C. . � � '1; � ,G.l •4s - I'�Cr 3'J$;'�`� ,r�f�.� -.vF yr'�"F swt 1,�,.. ,.3�„�..Y-.S 1 5 y.r�.v� J;r }' 'L"r� .r �i ;r r ;, .- �" y,�'+,�, v J � : �i. \r .`y�Y, /t 3 :Y L.f ..y.Rt mss.-+ L } n :' :. T ..r� x _. ' "ir .ems ^ Ls.i�f;<, k.y f y,.,/`4 .CY hs s.s a✓ `� ta, � } <, - 'r d r �� '�d�-asa4* :;.----7-,.--"•;;:a,'-'44-'3'' .Ltic r '• x - ,}� „�''i '� �Gf. i-r .$' v'�' + Zv ..,�''w i 'J �'lsrGri c>,n' ,§`c�'�tT_t `k.,��Y3F '> • ': z�ws: .ins,' t S}'C' .s ,`'t' ":-,;-...:-.< s.�r _ ._ '`` -, do �.w,t i '4...,,,,, "ey -.,�o- + .�• `t` es .,�'i t '' ."vi i 'v---;'-''''---- ` t z�._. .'�x r a File contains CD with digital copy of Application Materials Please See Original File 1861 - 2011 MEMORANDUM TO: Tom Parko, Planning Services DATE: November 18, 2011 W E L 12,C O U N T Y FROM: Heidi Hansen, P.E., Public Works Department SUBJECT: RECX11-0039, Pam Overmiller 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: The City of Windsor has jurisdiction over CR 15 and will address any access or future right-of-way requirements. The County had classified CR 15 as a local gravel road requiring a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. 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. This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). REQUIREMENTS: 1. Show the approved access points on the Plat. 2. Place the following note 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 1 of 1 CADocuments and Settings\tparko\Local Settings\Temporary Internet Files\Content.lE5\7H Memorandum TO: Tom Parko, W.C. Planning DATE: November 15, 2011 • FROM: Mary Evett, W.C. Department of Public COLORADO Health and Environment CASE NO.:RECX11-0039 NAME: Overmiller Environmental Health Services has reviewed this proposal to exempt 6 acres from a 102 acre parcel. Proposed lot A will consist of 6 acres and proposed lot B will consist of 96 acres in size. There is an existing home on proposed lot B served by an individual sewage disposal system (SE-0500012). There are two City of Greeley water taps on proposed lot B (Nos. 11147320 and 19062568A). In the City of Greeley's referral, dated 11/10/11, the City is requiring that one of the existing water taps on proposed lot B be relocated to service proposed lot A. A new individual sewage disposal system will be installed when a residence is constructed on proposed lot A. The following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed home septic system 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. 2. All septic systems must be located on their respective lots and meet all lot line set back requirements. Provide a drawing of the septic system, with dimension and distances from lot lines, to W.C. Department of Public Health and Environment for verification of setbacks. 3. Address the requirements of the City of Greeley in their referral, dated 11/10/11, regarding relocating one of the existing water taps on proposed lot B to service proposed lot A. 41020 Main Street Windsor, CO 80550 WELD RE-4 SCHOOL DISTRICT Phone: 970.686.8000 Fax: 970.686.8001 FOUNDATION FOR SUCCESS• EDUCATION FOR LIFE•CITIZENS FOR THE FUTURE karen.trusle®veldre4.k12.co.us Karen Trusler, Superintendent Stephanie Watson,Asst. Superintendent November 7, 2011 Tom Parko Weld County Planning Department 1555 N. 17h Avenue Greeley, CO 80631 RE: Recorded Exemption RECX11-0039 Dear Tom: The above referenced Recorded Exemption is proposed for two lots east of and adjacent to Weld County Road 15 and south of Weld County Road 60. Although student and land impacts associated with this project appear minimal, already approved residential development within the area of the project contributes to a substantial cumulative impact upon Weld County School District Re-4. In addition, the effect upon school site planning is significant because of the difficulty in acquiring school sites in the appropriate locations and sizes to serve such dispersed development. Given the rapid growth of other areas within the School District, Weld Re-4 remains concerned with its financial ability to provide for continuing growth within the area of the project. This and related concerns are discussed in detail below. Site Issues Weld County Re-4 understands that the project proposes to divide the existing parcel into two lots, creating one additional lot for future development. Land dedication is not feasible to offset the impact of growth upon the School District. Therefore, District Re-4 requests cash-in-lieu of land for the additional lot at the current market value of land within the area (see recommendations). Further, the District requests the opportunity to respond to any land use changes associated with either lot. Facility and Fiscal Capacity Issues Tozer Primary School, Mountain View Elementary School, Windsor Middle School and Windsor High School currently serve this area. Capacities and recent enrollments of current schools are: Student Enrollment Enrollment Available School (Grades) Capacity (11/11) (Short) Tozer Primary School (K-2) 450 283 167 Mountain View Elementary (3-5) 450 253 197 Windsor Middle School (6-8) 700 572 128 Windsor High School (9-12) 1,290 1,130 160 • • Accelerated residential growth and strong growth potential heighten the School District's concern regarding its ability to provide adequate educational opportunities. Even with the recent addition of two new schools within the District, approved development far exceeds the District's current capacity to fund educational facilities. Consequently, continual approval of new projects can create expected seat (capacity) shortages. As of January 1, 2011, the District's total bonding capacity approximates $119.5 million at 25 percent of assessed valuation per state statute. Debt outstanding from previous bond elections totals $57.2 million leaving $62.3 million available for future facility needs throughout the District. Given residential development and student potential from already approved but not completed projects, this amount is likely deficient to provide the necessary school facilities. For example, the District expects that within the next five to ten years, a new high school will likely be required. The costs associated with building a new high school will consume most of the remaining debt capacity, compromising the District's ability to provide for other areas of need. Inadequate bonding capacity is the direct result of residential growth occurring at a pace that well exceeds the District's statutorily limited ability to fund school construction. Recommendations The School District remains very concerned about residential activity and the ensuing enrollment that will follow as well as the District's physical and financial abilities to serve that growth. Because land dedication is not feasible from this development, the District requests that the developer agree to pay cash in lieu of land at the current market value of land within the District. Assuming payment of cash-in-lieu of land at the value of $2,240 for the additional lot, the School District does not object to approval of this Recorded Exemption. In addition, the School District requests to be notified of any proposed land use changes associated with either lot. Cooperation of all parties is necessary in offsetting the adverse fiscal impacts of rapid residential growth upon the School District's statutorily limited resources. Your continuing cooperation is sincerely appreciated, as is the opportunity to comment upon issues of interest to the County, the School District and our mutual constituents. Should you have questions or desire further information, please contact me at your convenience. Sincerely, Stephanie R. Watson Assistant Superintendent of Business Services Page 2 of 2 WELD COUNTY SCHOOL DISTRICT RE-4 1020 Main Street • P.O. Box 609 • Windsor, CO 80550 • (970) 686-8000 • Fax (970) 686-5280 0 • Submit by Email 64e......N:\\71 Weld County Referral ' October 21, 2011 O COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant: OVERMILLER PAMELA K LT Case Number: RECX11-0039 Please Reply By: November 18, 2011 Planning Manager: Tom Parko Project: TWO (2) LOT RECORDED EXEMPTION Location: EAST OF AND ADJACENT TO COUNTY ROAD 15 AND SOUTH OF COUNTY ROAD 60. Parcel Number: 095708200047-R3797805 Legal: PT NW4 8-5-67 LOT B REC EXEMPT RE-4076 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: [y We have reviewed the request and find no conflicts with our interests. i See attached letter. Comments: Thank you. Sandra Friedrichsen 24 October 2011 Signature Date Agency Windsor Severance Fire Rescue Weld County Planning Dept. 1555 N 17th Ave,Greeley,CO.80631 (970)353-6100 ext.3540 (970)304-6498 fax • • SubmitbiiEMIR' , _ isti ; Weld County Referral 111kOctober 21,2011 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant:OVERMILLER PAMELA K LT Case Number:RECX11-0039 Please Reply By: November 18,2011 Planning Manager:Tom Parko Project:TWO(2)LOT RECORDED EXEMPTION Location: EAST OF AND ADJACENT TO COUNTY ROAD 15 AND SOUTH OF COUNTY ROAD 60. Parcel Number.095708200047-R3797805 Legal:PT NW4 8-5-67 LOT B REC EXEMPT RE-4076 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: e have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature v /� Dale /a-c2 �f Agency ..6./....../a 914/ /Q.? /71/1. / / Weld County Planning Dept. 1555 N 17th Ave.Greeley,CO.80631 (970)353-8100 643540 (970)304-6498 tax - Fil'Dela Overmiller RECX11-0039 Planner -Tom Parko • 15 ,r"ex� i -�'�'11 r4r 4 • ,r i ,M' i s y�.,'ax et i t t.Sj ! { w, ' .� Cpl i i, .. t , lj1 2' h. 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", `�C om• r� —t. 18 .� 0 0.4 Miles 0.1 0.2 I I I I I I I _ 9 • • z / 2 7_ § k o =� p § § § O 3 \ § / \ � < ` § = c B & m h 7 ee \ 7k \ / � Ct A-. >- Z >- 0 � \ , C 7 ro o § / ( Bf U R32 >, § 0 \ / \ �Er � u / & s) I 5 'O f Q • _ / 2 E E e 2 \ / moo 5 § > k o c - w 0 7a a3 \ 6 O) ul § § 2 d � § § f 0� TD k \ § o 0 O / / 3 \ 0 ,5 /g 7 § § / � F § . k\ _ x ; . 6 , 22 O . § o . = k k / 9 0m inE k k � } \ - z - \ b ® 2 / \ a E k — E \ L. \ ( / § 0 > O _ 2 k \ k I 2 / 7 >. 0 _ co 6 2 J X k - 2 / \ O EE c co ; [ ; # \ _ / W@ O .§ a = 5 G o W 0- \ 22 / Q ) \ 0 O o * 3 a ® .7.- F., t = CO g Z? > » e B • = E • . d % \ f 2 c ° § S 02' 2 & c 2 \ \ f m m 0 . f(..1 @ Q.) nno .- . / O.2 0Sf n. / U Q a ` u) I- � � • • • Submit by Email Weld County Referral 111kOctober21, 2011 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant: OVERMILLER PAMELA K LT Case Number: RECX11-0039 Please Reply By: November 18, 2011 Planning Manager: Tom Parko Project: TWO (2) LOT RECORDED EXEMPTION Location: EAST OF AND ADJACENT TO COUNTY ROAD 15 AND SOUTH OF COUNTY ROAD 60. Parcel Number: 095708200047-R3797805 Legal: PT NW4 8-5-67 LOT B REC EXEMPT RE-4076 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. piWe 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: Elizabeth Fields 11/18/2011 Signature Date Agency Town of Windsor Weld County Planning Dept 1555 N 17th Ave,Greeley, CO. 80631 (970)353-6100 ext.3540 (970)304-6498 fax • Z�NN Of WINDSOR COLORADO November 18, 2011 Mr. Tom Parko, Planning Manager Weld County Planning Department 1555 N. 17t Ave Greeley, Colorado 80631 Subject: Two Lot Recorded Exemption (RECX11-0039)—Pamela Overmiller Dear Mr. Parko: At their March 3, 2011 regular meeting, the Town of Windsor Planning Commission delegated the review of recorded exemption referrals such as this to staff for review and recommendation. The subject property is depicted as Low Density Single Family Residential on Windsor's Land Use Plan Map. The Windsor Comprehensive Plan states that the Low Density Single Family Residential land use depiction provides for"...single-family residential detached homes at very low densities at a maximum density of one dwelling unit per acre". This application proposes to create two parcels, Lot A is proposed to be between three(3) and six(6) acres and Lot B is proposed to be between ninety-six(96) and ninety-nine (99)acres. The proposed densities are consistent with the Low Density Single Family Residential land use depiction. The subject property is located within the Town's Growth Management Area(GMA)and is contiguous with the Town's corporate limits. The Town of Windsor Comprehensive Plan states, "the GMA is intended to define those specific areas within the planning area where it is most logical to extend urban services in the near term, that is, within the next five to ten years."Although the subject property is located within the GMA, it does not appear to be feasible to extend Town services to these lots in order to serve this low density. Therefore, based upon the low density and distance to urban services, the Town of Windsor does not recommend that annexation be required at this time. Therefore, based on the aforementioned information, the Town of Windsor Planning Department recommends that any approval of the recorded exemption be conditioned upon the applicant dedicating an additional thirty (30)feet of right-of-way on the east half of WCR 15 to accommodate Windsor's standards for Rural Collector roads as WCR 15 is designated as a Rural Collector road in Windsors Comprehensive Plan. Thank you for the opportunity to review this proposal. Sincerely, Elizabeth Fields, AICP Associate Planner pc: Gale Schick, Chairman,Windsor Planning Commission Joseph Plummer, AICP, Director of Planning Pamela Overmiller, applicant 301 Walnut Street•Windsor, Colorado • 80550 • phone 970-674-2400 • fax 970-674-2456 www.windsorgov.com • • City of Greeley Nov 1 _, 7011 November 9, 2011 Tom Parko We;d County Plantar-1g 1555 N 17`h1 Avenue Greeley, CO 80631 Re: Review of WCR 36:11 (RECX11-039) Dear Tom: Attached with this letter are review comments from City staff regarding the WCR 36:11 Review. Thank you for the opportunity to review this application. Please call Brandon Gossard at (970) 350-9824 or Rocky Keeth, (970) 336-4175 with any questions you may have. Sincerely,ly 112€ -24112 Derek Glosson, P.E. Engineering Development Manager cc: Brandon Gossard, Planner I Attachment Community Development-Engineering Development Review • 1100 10th Street,Ste.402,Greeley,CO 80631 • Fax(970)33S-4170 We promise to preserve and improve the quality of life for Greeley through timely,courteous and cost-effective service. itThiseri Weld County Referral October 21, 2011 111k COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant: CVERMILLER PAMELA K LT Case Number: RECX11-0039 Please Reply By: November 18,2011 Planning Manager: Tom Parko Project:TWO(2) LOT RECORDED EXEMPTION . Location: EAST OF AND ADJACENT TO COUNTY ROAD 15 AND SOUTH OF COUNTY ROAD 60. Parcel Number:095708200047-R3797805 Legal: PT NW4 8-5-67 LOT B REC EXEMPT RE-4076 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: Z'ac, txtsnAC' GLl`2 cc G9a1.O tJAl'\ R a tE WIX Alvrs A4sal To RFaRaza- ' 7X/' R&'Rbtb Fx - /flo d Flair „slat_7x,rs A eon/ants/ 4c49M4or$L. Signature Date //'/O-// Agency Csn-oFf le Weld County Planning Dept. 1555 N 17th Ave,Greeley,CO.80631 (970)353-6100 ext.3540 (970)304-6498 fax Project Review Comments Date: 11/10/2011 Project Name: WCR 36:11 City of Location: E. of& adjacent to CR 15 & S. of CR 60 Greeley Reviewed By: Brandon Gossard Phone: ( ) 350-9824 Submittal Date 10/26/2011 Department Planning City ID# 2141 Submittal #: 1 Growth Page ❑ Advisory The proposed recorded exemption is within an area delinated as a future employment corridor. This corridor was adopted by the City of Greeley and Town of Windsor to prioritize this area for primary employment uses. Uses such as residential should be limited in this corridor to minimize future conflicts. Thursday,November 10,2011 Page 1 of 2 Project Review Comments Date: 11/10/2011 Project Name: WCR 36:11 City of Location: E. of& adjacent to CR 15 & S. of CR 60 Greeley Reviewed By: Rocky Keeth Phone: ( ) 336-4175 Submittal Date 10/26/2011 Department Eng Development Review City ID# 2141 Submittal #: 1 Civil Drawings Page ❑ Code A very basic utility plan showing the abandonment and the new tap location and size needs to be submitted. Water& Sewer Design Criteria Appendix A General Page ❑ Advisory I would be glad to assist you the utility plan and the Public Works Permit process. Please email me at Roxanne.keeth@greeleygov.com or call at(970) 336-4175 with questions regarding the utility plan and/or the Public Works Permit. ❑ Code A Public Works Permit will need to be obtained for the water tap abandonment and the new service construction as City mains are located in City easement/right- of-way. City of Greeley Street Design Criteria 1.02 Water& Sewer Page ❑ Code The City serves the larger parcel shown on the sketch submitted and what used to be a feed lot. The larger parcel has two existing water taps that were previously issued to the property owner under a special contract with the City Of Greeley many years ago. There are no other water taps that can be issued for this site under the existing contract; therefore, it is the City's understanding that Pam Overmiller wishes to relocate one of the existing water taps to the proposed smaller parcel (Parcel A) to serve a single family residence. grosiourr a• e9T.ataff have agreed to assist Ms. Overn'Ui€r in relocating one of the existing water taps from the proposed Parcel B to the proposed Parcel A; however, the relocation of this water tap must be physically completed prior to Weld County's approval of the proposed Two-Lot Recorded Exemption. The relocation of one water tap must occur prior to the legal recorded exemption/subdivision of the existing parcels. The City will need this to be a condition of approval before the recordation of the plat. If the Weld County Planner or Ms. Overmiller has any questions regarding the water service, please call Doris Biehl at(970) 350-9810. City Design Criteria 3.17 Potable water services for a given lot must be tapped on the potable water main within the confines of the property lines extended. Page 2 of 2 Thursday,November 10,2011 • = r ii =1 • p a fit i = ft' i s 1 i I i�;ilfi ,. 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ER WELD CO, CO QUIT CLAIM DEED THIS DEED,Made this 27th day of December , 19 90, between HARRY FRANK and ELVERA K. FRANK, husband and wife j of the *County of Larimer and State of Colorado,grantor(s),and THE FRANK FAMILY PARTNERSHIP CONSIDERATION LESS THAN $500.00 j whose legal address is 6538 E. U.S. Highway 34, Loveland, CO 80537 of the County of Larimer and State of Colorado,grantee(* WITNESSETH,That the grantor(s),for and in consideration of the sum of LOVE AND AFFECTION and TEN ($10.00) ------- DOLLARS the receipt and sufficiency of which is hereby acknowledged,have remised,released,sold,conveyed and QUIT CLAIMED,and by j these presents do remise,release,sell,convey and QUIT CLAIM unto the grantee(n), its heirs,successors and assigns, forever, all the right, title, interest, claim and demand which the grantor(s) ha ve in and to the real property, together with improvements,if any,situate,lying and being in the County of Weld and State of I Colorado,described as follows: The Northwest Quarter of Section Eight (NWQ Section 8), Township Five North, Range 67 West of the 6th P.M., except those parcels thereof (containing 1 acre more or less) located in the N.W. corner of said Northwest Quarter and conveyed to School District No. 22, as described in deeds recorded in Book 194, Page 377 and in Book 655, Page 283; together with one right, or eight shares of Greeley ,I and Loveland Irrigation Company; One right Loveland and Greeley Reservoir, and I Fifteen shares capital stock of the Big Cut Lateral & Ditch Company; and 100 acre , feet of the Northern Colorado Water Conservancy District allotment, subject to reservations, exceptions and conditions of record. also known by street and number as: TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever,of the grantor(s),either in law or equity,to the only proper use,benefit and behoof of the grantee#, its heirs and assigns forever. IN WITNESS WHEREOF,The grantor(s)have executed this deed on the date set forth above. — `i STATE OF COLORADO, Iflemoranbum of agreement ibis agreement is made as of dam i ad64 ,by the following parties: Whetean Pamela K. Overmiller, Deborah J. Robbins, Cynthia A. Roorda, and Thomas L. Frank, all being members holding ownership interest in and to the Frank Family, LLC, a Colorado Limited Liability Company, hereby acknowledge, accept, and agree that certain properties having been transferred to certain members and that their ownership percentages are now as follows: • Name of Member Address Percentage of Ownership Pamela K. Overmiller 6833 Golden Fields 33.387% Loveland, Colorado 80538 Debora J. Robbins 6809 E. County Road 18 26.316% Loveland, Colorado 80537 Cynthia A. Roorda 2730 Ardisia Lane 33.387% • Naples,FL 37109 Thomas L.Frank 6333 Weld County Road 60 6.910% Windsor, Colorado 80550 This agreement shall bind and extend to the heirs, representatives, successors and assigns of the parties. 3in Witnegg Whereof,the parties have signed this agreement on the date set forth above. • ' g Manager, rank Family,LLC �^n'• - e aa//U� le - On Pamela K. Ov er Debora J. Robs a�� A hilrItijoorcfagr Thomas L.Fra c If % -" c(imu 303•776•4045 1002 Seventeenth Aven,K Longmont CoGraJo 80501 Tax 303•682•2777 TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in I anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever,of the grantor(s),either in law or equity,to j j the only Proper use,benefit and behoof of the grantee(* its heirs and assigns forever. IN WITNESS WHEREOF,The grantor(s)have executed this deed on the date set forth above. �� —T 't--et, f ,A . ' STATE OF COLORADO, 1ss. County of Boulder The foregoing instrument was acknowledged before me this 27th day of December ,1990 , by My commission expires , 19 .Witness my hand and official seal. Iii My Co rn ssion L pires Feb. 17 �' 1: ! L., ) / Z'‘ ° George V. Few""'sour ! >>, a° OJ •-_ <-. 3LO0 Arapahoe Ave. #500 4+r it �- Boulder, CO 80303 w. tY� `If in•De se 'City nd." p • - No.933.Rev Sav courtawur D® •dzgilur o• Bradford Publishing.1743 Waue Sr..DeWitt 0080202—(303)292-8110-3.90 • • CER111•ICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUTY OF WELD F0389529 The Fidelity National Title Company hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to September 16,2011. LEGAL DESCRIPTION: Lot B,Recorded Exemption No.0957-08-2 RE-4076,ILWIded time 21,2005 at Reception No.3296473,being a portion of the NW'/ of Section 8,Township 5 North,Range 67 West of the 6th P.M.,County of Weld,State of Colorado. CONVEYANCES 1.Book 1292,Reception No.02243232,recorded March 7, 1991. 2.Reception No.3011168,recorded December 3,2002 and Corrected Deed at Reception No. 3462472,recorded March 16,2007. 3.Reception No.3385670,recorded May 5,2006. 4.Reception No.3540714,recorded March 10,2008. 5.Reception No.3546003,recorded April 7,2008. The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. 'Ibis 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 Fidelity National Title Company,hereby limited to the fee paid for this Certificate. In Witness whereof;Fidelity National Title Company,has ranged this certificate to be signed by its proper officer this 26th day of September,2011,at 8:00am. Fidelity National Title Company By:%� Authorized Sign a Leslie Ryan Dated: g,261 /2O/i 8 1292 NBC 02243232 03/07/91 10:06 05.00 1/001 AR2213232 F 0766 NARY ANN FSUIRSTEIN CLERK 6 RECORDER MILD CO, CO QUIT CLAIM DEED Tum DEED.:mak m:. 27th door December ,19 9q. hearten HARRY FRANK and ELVEBA K. FRANK, husband and wife "lehr 'cnaneor Latimer <y*�.�. nod Smlc of THE FRANK FAMILY PARTNERSHIP C NISIDERATION MS THAN 8500.00 Nano iced abb..e 6538 R. U.S. Highway 34, Loveland, CO 80537 "rte t'.ar d y,e Lorimer aBbw WC'.Ma o.pua dot • UThsliSierH.That the twaarra iv ad isosi a ai,m of Sewn or LOVE AND APPECfION and TEN (410.00) - DO— the wear esl.e8ElerayofaYAsheet)alesE).ad RV thew grew.d. rai.e.te.w8.**KtOdd( have Ap1 Maud. .ants ad WITC1A018D ami by go, borer.dl the nub:.title.to em&cilia as dna sea the .he vet its hed tanrwm ge er wit Iglu t..da t..eagle. Bodkin ~v he ve m ad a dle 1�ynipply,together will Cabinet.taiMl a ilga LeeKadt Crecy of Weld and Area: The Northwest Quarter of Section Eight (NN', Section 8). Township Five North. Range 67 West of the 6th P.K., except those parcels thereof (containing I acre gore or less) located in the N.N. corner of said Northwest Quarter and conveyed to School District No. 22, as described in deeds recorded in Book 194, Page 377 and in Book 655, Page 283; together with one right, or eight shares of Greeley and Loveland Irrigation Company: One right Lowland and Gratuity Reservoir, and Fifteen shares capital stock of the Big Cut Lateral & Ditch feet of the northern Colorado Water Conservancy District allotment, l ofLio en[nty:, subject and 1 acre reservations, exceptions and conditions of record, to • do.Lunn t4 waet ad number a: To HAVE AND II)HOLD the vac speller with nu ar'a is w the oppineomea and privilege.Memento to n the .m paperdiens Lem appertaining. ddI<raa.dsit.tide.uneveund.ha rips uubbtwYheriaLrarapoly,N ler.ah proper me.lwng ter hand Irk prstaFA its 4eiaad rips irrnr. .. IN WIfNFS5 WI MO3W.The paanw ba vu MOBS medal in det. .a ins tale. STATE or iTalatALxl noun.of Boulder v.- The hapagtirwtentraaetankdplbeereme Ibis 27th Jae of December Ie 9D.1 • eamms4n npor. .19 .Wham my best sd,sbid Wit Aty c=— ::. .::1.. O. ..s • • , 0, e�.• ........ : George Y. Palen 3100 Arapahoe, Ave. *500 4 I. Boulder. CO 80303 'q!'tr ,etbrnild' Na....eaniD game avu v.... tegawltWty.IWeneV argtba.W 111111 NIII IINIII IIIII IIII IIII IINII III IIIII IIII IIII 3011168 12/03/2002 04:27P Wald County, CO Page 1 of 1 of 1 R 6.00 0 0.00 J.A. "Sold"Tsukamoto epeciat Warratttp f,= eeb Grantor: The Frank Family Partnership Address: 3434 Valley Oak Drive Loveland,Colorado 80538 31n attb for QCondiberation of Men r'Boparg,Grantor hereby sell[s]and convey[s]to: Grantee: The Frank Family,LLC Address: 6333 Weld County Road 60 Windsor, Colorado 80550 The following real property in Weld County,Colorado: The Northwest Quarter of Section Eight (NW1/4 Section 8), Township Five North, Range 67 West of the 6'" P.M., except those parcels thereof(containing 1 acre more or less) located in the N.W. corner of said Northwest Quarter and conveyed to School District No. 22, as described in deeds recorded in Book 194,Page 377 and in Book 655, Page 283; together with one right, or eight shares of Greeley and Loveland Irrigation Company; One right Loveland and Greeley Reservoir, and Fifteen shares capital stock of the Big Cut Lateral&Ditch Company; and 100 acre feet of the Northern Colorado Water Conservancy District allotment, subject to reservations, exceptions and conditions of record. With an address of; 28530 Weld County Road 15,Windsor,Colorado 80550 wits Sit Sap urinates,and warrants]title to the same against all persons claiming under Grantor,subject to:All taxes and assessments due or coming due;any easements and rights of way,and any leases,existing or of record;any encumbrances,reservations,restrictions,and covenants of record;and rights or claims of any parties that would be revealed by an accurate survey or inspection of the property. Dated: iv-„9,6 ,2002 [No documentary fee required Actual consideration for this conveyance was less than$500.] Thomas L.Frank, erasing Manager STATE OF COLORADO ] SS. COUNTY OF BOULDER The foregoing instrument was acknowledged before me onL[Z - OZ . My commission ex 'its: /"1. 03 ?i MARTHA ANN H0PP f�'"], 7 0 /'mot _C_,_,. „ t tiCTARYMIBLIC,STAIEOFCOLORADo Notary Public After meaty ream err. %'pp e¢Afsodates, p.c. ♦I0.72Seeeteen&A5ews Lorgnan4 CO 80591 •Timm 303-7764045 •g'X303-6822777 ++ gy�pp,, NNryry,, H� N+N ry� • 3I 11►IIII � ill p111��111 i'l &� 134ot 1 R 00 B X11: Moreno Clerrk�&Recover Page 1 of I CORRECTED SPECIAL WARRANTY DEED GRANTOR The Frank Family Partnership,LLP a Colorado limited liability partnership 6333 Weld County Road 60 • Windsor,Colorado 80550 In and for consideration of Ten Dollars($10.00),Gr in hereby sells and conveys to: GRANTEE: The Frank Family,LLC 6333 Weld County Road 60 Windsor,Colorado 80550 the following real prop sty in Weld County,Colorado: The Northwest Quarter(NW/4)of Section 8,Township 5 North,Range 67 West of the 6°P.M.,except those parcels thereof(containing I acre more or less)located in the N.W.corner of said Northwest Quarter and conveyed to School District No.22,as described in deeds recorded in Book 194,Page 377 and in Book 655,Page 283;together with one right or eight shares of Greeley and Loveland Irrigation Company,one right Loveland and Greeley Reservoir,fifteen shares of capital stock of the Big Cut Lateral&Ditch Company;and,100 acre feet of the Northern Colorado Water Conservancy District allotment,subject to reservations and exceptions and conditions of record. With all appurtenances,and warrant title to the same against all persons claiming under Grantor,subject to: All taxes and assessments due or coming due;any easements and rights of way,and any leases,existing or of record; any encumbrances,reservations,restrictions,and covenants of record;and rights or claims of any parties that would be revealed by an accurate survey or inspection of the property. This Corrective Special Warranty Deed is to replace and clarify that certain Special Warranty Deed between the parties dated November 26,2002,which Special Warranty Deed was recorded in Weld County,Colorado on December 3,2002,as reception number 3011168. / tied this 29'a day of Jana ,2007 but deemed effective November26,2002. Thomas .Frank \\\ General Partner of The Frank Family Partnership, a Colorado limited liability parttne shp ACKNOWLEDGEMENT STATE OF COLORADO ) }ss. COUNTY OF WELD } 1 The foregoing instrument was acknowledged before me this 1�day of February,2007 by Thomas L. Frank,as General Partner,on behalf of The Frank Family Partnership,aColorado limited liability partnership. _ .. . Witness my hand and official seal. plcY p4 My Commission expires:i `�'_Ckt?% 2CO3 ..0[.E� , cc► I`{tary� t c MY COMAISSIONEXPIRES: December Zr,ZOOS lUllIN5/NII1111111111IIIIeld CO IIIITill 3386670 68/06/3006 04:18P Weld County,CO 680 1 of 1 fl 6.00 O 0.00 Steve Moreno Clerk S Recorder Recording Infarmoeoe Pagel of 1 special Warrantp Beeb Grantor: Frank Family,LLC,of 3434 Valley Oak Drive,Loveland,Colorado 80538, 3n anb far 6:oM3eration at ten Falters,Grantor hereby sell[s]and convey[s1 to: Grantee(s): An undivided 33.387%interest to Pamela IC.Overmiller of 6833 Golden Fields,Loveland,Colorado 80538; An undivided 26.316%interest to Debora 3. Robbins of 6809 E. County Road 18,Loveland.Colorado 80537; An undivided 33.387% interest to Cynthia A. Roorda of 2730 Ardisia Lane,Naples,Florida 37109;and An undivided 6.910%interest to Thomas'.Frank of 6333 Weld County Road 60,Windsor,Colorado 80550,as Tenants in Common, Mgt totlotaing real property in Weld County,Colorado: The Northwest Quarter of Section Eight (NW 1/4 Section 8), Township Five North, Range 67 West of the 61b P.M.,except those parcels thereof(containing I acre more or less)located in the NW corner of said Northwest Quarter and conveyed to School District No. 22, as described in deeds recorded in Book 194,Page 377 and in Book 655,Page 283;and except that part located in the Northeast corner of said Northwest Quarter and conveyed to Tri City Ventures, LLC, as described in that certain deed recorded on December 2,1994 at Reception No.2417673,in Book 1470,Page 163. TOGETHER with seven shams of Greeley and Loveland Irrigation Company; One right Loveland and Greeley Reservoir,Fifteen shares of the capital stock of the Big Cut Lateral • & Ditch Company; and 100 acre feet of the Northern Colorado Water Conservancy District allotment,subject to reservations,exceptions,and conditions of record; EXCEPT Lot A of Recorded Exemption No. 0957-08-2-RE-4076 according to the map recorded June 21,2005 at Reception No.3296473,and being a po rtion of the Northwest Quarter of Section 8,Township 5 North,Range 67 West of the 6m P.M.,County of Weld, State of Colorado; HEREBY EXCEPTING AND RESERVING unto the Grantor(s)an undivided 100%interest in and to all of the oil,gas and other minerals of whatsoever kind or character in and under and that may be produced from the above described land in the County of Weld,State of Colorado.. as n ea 9lranmmaa,and wa no4sl tab to at at agairatYI was dambg nod.Gaston mbjort to:Art ores ad s®oottde or coming duct any ereoama ea rights of way,and-y Iran,existing vohaord my evaabnsn,taaaatimn tamaio.n and coma&of mod:d rights or dims of act Danes that would be remind by an asu stela ey or hepeatiadncepopaty. Dated 05427/-6 . /Nodorsmtaamyfeeregebet Actual coaddermiwrforthis conveyance Ivor fen Men$50e.1 t b Thor G Frank, Manager STATE OF COLORADO I SS. COUNTY OF BOULDER The foregoing instrument was acknowledged before me on "t^d .21 2006,by Thomas L Frank as Operating Manager of Prank Family,LLC reeninmissirtreaP 'c/„"kW =.4HAWN RENCK .2111 • ✓✓ f; filmy/ntira Public Alter recarMag rearm tun IC Rata 3012M-1045tamSt,.iaikaL,.,,,tComdn i;< .sun • • 11111111111111111111INII IIII IIIIIIIII NIll IIll IIII 3540714 03/10/2008 04:56P Weld County,CO 1 of 2 R 11.00 D 0.00 Steve Moreno Clerk&Recorder 714 Recording Information: Page 1 of 2 Opeciat Varrantp 3Beeb wipe tnberrligneb ()rantor, PAMELA K. OVERMILLER, of 8633 Golden Fields Lane, Loveland,Colorado 80538, 3n anti for ton%iberation of ten 3Bnllar5, Grantor hereby grant[s],sell[sj and convey[sj to the PAMELA K. OVERMILLER LIVING TRUST DATED FEBRUARY 24, 2004, of 8633 Golden Fields Lane,Loveland,Colorado 80538, . The following real property in Weld County, Colorado: See attached"EXHIBIT A" Will) all 2lppurtenattce5, and warrant[s] title to the same against all persons claiming under Grantor, subject to: All taxes and assessments due or coming due; any easements and rights of way,and any leases, existing or of record; any encumbrances, reservations, restrictions, and covenants of record; and rights or claims of any parties that would be revealed by an accurate survey or inspection of the property. Dated: J0.vurwnj 31 (1.0055 t • o documentary fee required Actual consideration for this conveyance was less than 5S00.J 1.(i g92G1 IJ �iZ ,„do_A' Pamela K. ter STATE OF COLORADO j j SS. COUNTY OF BOULDER ] The foregoing instrument was acknowledged before me on 3rAit-3t,200Y by Pamela K. Overmilter. My commission expires: 2_)312ott (MA NOTARYPUBLI WICHMA 7 Notary Public STATE OF COLORADO After recording return to; Hoer&AssoarrFB PC Phone 303.776.4045 1002 Seventeenth Avenue,Longmont.Colorado 80501 Fax 303.682.2777 • I�III�I�N�IIIINIIll4flhfil4111111 --T- f fillf 1111 04:66P We County. CD 240714 011101 0 Clerk&Reorder SPECIAL WARRANTY DEED 2 of 2 R 11.00 0 0.00 ShtN6 Moreau Page 2of2 EiMBIT A Special Warranty Deed from PAMELA K. OVERMIL ER,Grantor,to PAMELA K. OVERMrr*ER LIVING TRUST DATED FEBRUARY 23,2004,Grantee All of my 33387%right,title,and interest in and to the following described real ProPatY: The Northwest Quarter of Section Eight,Township Five North, Range 67 West of the 6th PM, except those parcels thereof(containing 1 acre more or less) located in the NW corner of said Northwest Quarter and conveyed to School District No. 22, as described in deeds recorded in Book 194, Page 377 and in Book 655,Page 283; and except that part located in the Northeast corner of said Northwest Quarter and conveyed to Tri City Ventures,LLC,as described in that certain deed recorded on December 2, 1994 at Reception No.2417673,in Book 1470,Page 163; TOGETHER with seven shares of Greeley and Loveland Irrigation Company; One right Loveland and Greeley Reservoir,Fifteen shares of the capital stock of the Big Cut Lateral & Ditch Company; and 100 awe feet of the Northern Colorado Water Conservancy District allotment, subject to reservations, exceptions,and conditions of record; EXCEPT Lot A of Recorded Exemption No.0957-08-2-RE-4076 according to the map recorded lune 21,2005 at Reception No. 3296473, and being a portion of the Northwest Quarter of Section 8,Township 5 North,Range 67 West of the 6th PM,County of Weld,State of Colorado. With an address of: 28530 WCR 15,Windsor,Colorado 80550. • HOTrdr ASSOCIATES PC Phone 303.776.4045 1002 Seventee h Aram,Longmont,Colorado 80501 Fax 303.682.2777 111111111(1111II11 III!IHIIII IIII 111111 III 11(11 IIII Ili! s 3546003 04/0712008 03:16P Weld County, CO • (Ps I of 2 R 11.00 D 0.00 Steve Moreno Clerk&Recorder Recording Information: Page 1 of 2 bpeciat Warrantp Meets 0.7Je ttt[krsligntb grantor, DEBORA J. ROBBINS, of 28942 Weld County Road 15, Windsor,Colorado 80550, 3n sub for A:onftberation of ten"Wars, Grantor hereby grantjsj,sell[s]and convey[s] to the DEBORA JEAN ROBBINS LIVING TRUST DATED MARCH 3, 2004, of 28942 Weld County Road 15,Windsor,Colorado 80550, The following real property in Weld County,Colorado: See attached"Daman A" With WI 2fppurtcnanres, and warrant[s] title to the same against all persons claiming under Grantor, subject to: All taxes and assessments due or coming due; any easements and rights of way,and any leases,existing or of record;any encumbrances, reservations, restrictions, and covenants of record; and rights or claims of any parties that would be revealed by an accurate survey or inspection of the property. Dated: /$08 (No documentaryfee required Actual consideration for this conveyance was less than$500.] j - Debora .J. Rob STATE OF COLORADO j SS- COUNTY OFa98114044a Lari met The foregoing instrument was acknowledged before me on Foams-4 til,2cog by Debora J.Robbins. My co t, . ;\ • MYComdataE1gires101512011 ]NOTARY-. to, J—‘.•q},n.A— ,J-A4.4-rn �i % Notary Public rJ iSl PUBLIC/ S ice OF After recording return to: Horr&ASSOCLITIS PC Phone 303•776.4045 1002 Seventeenth Avenue,Longmont,Colorado 80501 Fax 303.682.2777 WOCOUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property(the surface estate)within 500 feet of the property being considered. T i list was compiled utilizing the records of the Weld County Assessor available on the Weld County Int et Mapping le,.— http://www.co.weld.co.us, and has not been modified from the original. The list compiled for tfie records of the eld County Assessor was assembled within thirty days of the applications submission date. Signature /9///'�2oi/ Date Property Owners Within 500 ft. of Parcel# 095708200047 Account Parcel Owner Mailing Address R1605686 095708000030 AAS ERIC FURUSETH 7680 CR 60 WINDSOR CO 80550 R1605686 095708000030 AAS HEIDI ANN R6777893 095708405001 AIMS JUNIOR COLLEGE 5401 W 20 STREET DISTRICT GREELEY CO 80634 R7138898 095708202005 FAGERSTONE DONALD P 28885 BROOKSIDE DR WINDSOR CO 80550 R7138898 095708202005 FAGERSTONE KATHLEEN A R3797805 095708200047 FRANK THOMAS L(6.910% INT) R0237494 095708001007 FREDERICKSON DEANNE 7711 WINDSONG ROAD WINDSOR CO 80550 R1604886 095708000022 HARTSHORN HARRY D 28653 CR 17 WINDSOR CO 80550 R1604886 095708000022 HARTSHORN JUDY R7763199 095708202008 HINSON SHERYL L R7763199 095708202008 HINSON VERNON L 28869 BROOKSIDE DR WINDSOR CO 80550-3423 R3797805 095708200047 OVERMILLER PAMELA K LT 3434 VALLEY OAK DR (33.387% INT) LOVELAND CO 80538 R3797805 095708200047 ROBBINS DEBORA J LV TST (26.316% INT) R3797605 095708200046 ROBBINS DEBORA JEAN LIVING TR (1/2 INT) R3797605 095708200046 ROBBINS DENNIS J LIVING 28942 CR 15 TRUST(1/2 INT) WINDSOR CO 80550 R3797805 095708200047 ROORDA CYNTHIA A (33.387% INT) R7138798 095708202004 SHINAZY ROBERT DANIEL 28943 BROOKSIDE DR WINDSOR CO 80550 ID-Account I Parcel Owner ailing Address R7139098 095708202007 TRI CITY VENTURES LLC C/O J ARTHUR REAL ESTATE LLC 1823 65TH AVE UNIT 1 GREELEY CO 80634 R1604986 095708000023 WEILER THOMAS W 28641 CR 17 WINDSOR CO 80550 R1605286 095708000025 WEINMEISTER GARRY A 28649 COUNTY RD 17 WINDSOR CO 80550 R1605286 095708000025 WEINMEISTER KATHLEEN E R4659407 095708401009 WINDSOR SOUTHGATE 1625 PELICAN LAKES POINT STE 201 DEVELOPMENT LLC WINDSOR CO 80550 R4659507 095708401010 WINDSOR SOUTHGATE 1625 PELICAN LAKES POINT STE 201 DEVELOPMENT LLC WINDSOR CO 80550 R6778000 095707100046 ZEILER FARMS 1205 LOCH MOUNT DR LOVELAND CO 80537-4536 R0018389 095708000041 ZEILER FARMS INC 1205 LOCH MOUNT DR LOVELAND CO 80537-4536 u cuun i t utrgrc l Mtf l VF PUBLIC• SOE# 1c)#(.1101 rA, 6 TH AND ENVIRONMENT 0RG PERM . : . elk �a N.If' AVENUE REPAIR# 7"11 GREELEY,COLORADO 80631 LOAN* II ' PHONE: (870)304-6415 1SDS# Qico(t{ ge FAX: (970)304-6411 - COLORADO STATEMENT OF EXISTING FOR SEPTIC SYSTEM (PLEASE FILL OUT IN BLACK INK ONLY) PARCEL NO. O 9 S 7o 701000 ys' PROPERTY OWNER ft/Ink•Fdmrly at PHONE NO. (1 791 661-5-9 501 MAILING ADDRESSDebbie- 4bh/ns L 209 E.G. tic /,ou,JOn( co $os-37 City State Zip DESCRIPTION OF BUILDING(ex. house,mobile/modular home,shop,office) hnUSG- SITE/LOCATION ADDRESS ?iii S30 a)ty.l2 IS LUXnd4nr r ' i(vSSU 6_14_6 1We City State Zip LEGAL DESCRIPTION PT f1/411O PT SECTION n S TOWNSHIP___ RANGE to ! W SUBDIVISION ft/lei - LOT. BLOCK FILING CENCUS TRACT LOT SIZE/AC RES l lip COMMERCIAL YES/MI) RESIDENTIAL (YESINO • NUMBER OF PERSONS_41,24,,fS BASEMENT PLUMBING YES IKP BEDROOMS,_ - BATHROOMS-FULL 3/4 - 1/2 WATER SUPPLY-PUBLIC NO NAME 0 `t D ( r.e �— . PRIVATE WELL YES/1 CISTERN YES/$ LlWELIJCISTERN# SYSTEM SIZE: Septic tank material is constructed of e.i)Iltietlfand has 10OO gallons capacity. FIELD: Trench ai proF 000 lquare feet or Bed square feet YEAR INSTALLED /9(69.5 /.70Iesrli /..•2_ You are required to draw a diagram of the system on the reverse side of tbls form in black ink only and indicate location,length,width,and distance from the dwelling. The undersigned property owner hereby certifies that the above described septic system is in fact installed,as described,and exists at this time on the parcel of ground Identified by the above legal description and further states that the systemethmj in good working order and to the best of his/her knowledge :Lfl t falling to function proper I further understand that any falsification or misrepresentation may result in revocation of any permit granted based upon this information hereby submitted and in legal action for perjury as provided by law. c; —/ q—O5— A, g49-46a.1— . • DATE OWNER SIGN tr. Subscribed and sworn to before day of 4Z4.(O r u 4•u, - , 20 245_, By -2lnnreL. T .�s:`'� •��t Witness my hand and o I r _ •� VIII My commission expires \H • a a -e9,00-5OJ . Q '\ucac-. ; t j j bil-PS L4l\ yx . JVS4n • J DATE A "14 - a U I o'ayn... .,t\G:P^; NOTARY PUBLIC STATEMENT OF EXISTING I I:WED BY CC• % •t'7•oS ENVIRO AL HEALTH SPECIALIST :DAT • • Scanning Cover Sheet for • Septic Permits Permit# SE-05O0012 Permit Type: Health/Residential/Statement of Existing Situs Street Address 28530 CR 15 Situs'City, State, Zip Sec/Town/Range: 08-05N-67W Application Status: RECORDED Application Date: 02/15/2005 Parcel# (12 digits) 095708200047-R3797805 Owner Full Name: FRANK FAMILY PARTNERSHIP Owner Address: 3434 VALLEY OAK DR LOVELAND,CO 80538 Owner Phone #: 970.667.5950 'Contact Name: FRANK FAMILY LLC-DEBORA ROBBINS Contact Address: 6809 E CR 18 LOVELAND,CO,80537 Contact Phone# 970.667.5950 Information above has been Verified in Accela by employee noted below x --taickcvn October 01, 2008 Processed by. Date Report ID: EHS00024v003 Page 1 of 1 Print Date-Time: 10/1/2008 11:38:55AM 57)i Ap • DATE RECEIVED, _ RECEIVED BY: FEEL: . l . • UAL SEWAGE DISPOSAL s SYSTEM EVALUATION SI&L+ADDRESS OR LOCATION: g 5 3 p IUt4p_ 1•S ( iridcD r C v PARCEL NO: o 9 5- 708 a 000 �{� -. • (TM CAN BE OBTAINED FROM M ASSi3OR'S OPTIC!AT p70)353 3$4S DIT3f60) •l R.. PROPERTY OWNER: lank Fa-n- - GG P. �°r?HONE:�) 44, 7-c -D MAILING ADDRESS: 4401 :cPe/r n Loin fix rt4 �Q.i 3`T cirY . ss � APPLICANTS NAME: PHONE:(� (0!DOTFLtt1!nom OWNER) APPLICANT ADDRESS: 4WDQPLNOtt FROM OWYuIR)- OTY : STATE ZIP LEGAL DESCRIPTION: PT: N I4WY+/PT:_ SEC: D S' TWN: :C RNG:6 7 Lc) SUBDIVISION: LOT: BLK FLG: WATER SOURCE:G`4 rz P 4f-Gel ACRES: 100 ORIGINAL OWNER OF SEPTIC SYSTEM!: ' PERMrr NO - a: YES NO CURRENT FLOW ADDITIONS ,. PROPOSED TOTAL DESCRIPTION: A0USA. . - D Loom_ Slor.Res )PERSONS: BEDROOMS; a- BATHROOIdSz. B�rTP�dBING: 4 • NEITHER THE COUNTY 0F WELD NOR ANY 0F ITS AGEN SORffiMPLOYEESIIIIDECPASEORAL ANY LIABILITY TO THE OWNER WI BE ABOVE PROPER Y,TOANYPURCBASEROFTffiABOVE PROPERTY 0R.7O ANY LENDING A 4CYMAII NGALOAN0NTHEABOVEPR0PERTYORINTER REPORT. • - • • • • • WELD COUNTY DEPARTMENT OF PUBLIC HEALTH&ENVIRONMENT 1555 NORTH 17TH AVENUE,GREELEY,CO 80631 PHONE: (970)304-6415 FAX:(970)304-6411 WEBSITE: WWW.CO.WELD.CO.US • ISDS APPLICATION / RECEIPT 02-15-2005 Payment Method: Check Notation: 1099 Initials: MS ISDS EVALUATION NO:ISDS-05014 Receipt Number. ISDS-0012 Frank Family LW Location: 28530 CR 15 WINDSOR Account Code Description Amount 2560-41400-4410-4203 . ISDS Evaluation $100.00 Description of Building: Current Flow Additions Proposed Total Desc HOUSE RE-PENDING HOUSE Persons 2 0 2 • Bedrooms 2 0 2 Bathrooms 1 0 1 Bsmt Plumb Water Source: GREELEY NOTICE The undersigned hereby certifies that all statements made,infomation and reports submitted herewith and required to be submitted by the applicant .am,or will be,represented to be true and correct to the best of my knowledge and belief,and are designed to be relied on by the Weld County Department of Public Health and Environment in evaluating the same for purposes of septic system compliance. I further understand that any falsification or misrepresentation may result in the denial or revocation of any evaluation granted based upon said evaluation and in legal action of perjury as provided by law. Owner/Applicant Date • Form:RT ISDS - - _ ..;.1.•. a '.. • 1 - •y • - - V 5 • • •• `'1 . - •-u .• . • �:.. aaY• . •. i, : • LtG j 1' j----'= - . ..,, • ,._ • . _1'i• _:u_1'.' --1•_'-1._r , :1":"ii-; :1•;4` ./ (1'! J�•1/ :`d:n': \ti`e� •ln • n • rla.. .'•' i �: • f !9' J7f.1y 'l.p:i•.l.• br.0. .::.. _ • - __• • ; 1 11 • - r• l - . ,l. •r, • ..d1•:•, . . +9•1.' `+ :A" . .•1, �.: .'i:. '_ :,_tt r ';:;, J��fi®7.-. • ,. 11",.. L'l)`. .... .f' .. .1' v 7iiJ C1 . - .: i. 7•... • . , • .'1• . ._ .. •• 5 4.. :�)ft SI•. {t: a � 'ili - • I•'• ..'t ).. • .. ,• ,I ;yl ,' .• • .Ii : . , : � _ .� .• '1 •.. .. a' x ..t, j. f _.. S, . ' ,'a +ui.,J,C'., 'i1 • . . • • - .•• ' rj - 1• - A i. • . . . , • • .�/� City of Greeley Statement of Account for Utility Service(s) cuya �j 1 Director of Finance Greeleyb Greeley, 10280632-1928 8 THANK YOU FOR YOUR PROMPT PAYMENT_ Ohzt.FmmtheomnmdUp Account Number 072-784524-01 Service Location 6538 E US HWY 34 PLEASE CHECK THE AREA OF YOUR PROPERTY CATJ ELLEN ® 336-4074 IF YOU DON'T AGREE PAY ONLINE 0 www.greeleygov.com. NO FEE! QUESTIONS? CALL REBECCA 970-350-9721 FRANK FARMS LLP 3434 VALLEY OAK DR LOVELAND CO 80538 _. Readings- current Previous Usage p,PpVirn13 Charges 21_01 :: Metel^y:IIk' Date;': -Reading Hate ::Reading >: am:Thouffandal::.:. , 19062568A 08/24 1693 07/25 1691 2 Payments 21.01 - Sal Fwd 0.00 METER 0.00 SPAGWTR 17.00 • To pay online go to www.greeleygov.com To pay by phone call (970)350-9722 or (970)350-9723 For watering restrictions call (970)336-4134 or go to www.greeleygov.com current: S�large8... 1T,Q0 :: TOTAL BALANCE 17.00 Consumption History Usage (in thousand gallons) SAl, FWD DUE IMMEDIATELY 5 CURRENT CHARGES ARE DUE BY 09/13/11 3 2 Last Last This Year Month Meath DETACH AT PERFORATION AND RETURN BELOW PORTION WITH YOUR REMITTANCE • • City of Greeleyar Statement of Account for Utility Service(s) agmt��� Director of Finance G reelsY PWomb .O. Box 1928 80632-1928 Orea.FTmofffi0msadlp THANK YOU FOR YOUR PROMPT PAYMENT. Account Number 072-711122-01 Service Location 28530 WCR 15 PLEASE CHECK THE AREA OF YOUR PROPERTY CALL ELLEN 0 336-4074 IF YOU DON'T AGREE PAY ONLINE @www.greeleygov.com. NO FEE! QUESTIONS? CALL REBECCA 970-350-9721 FRANK FARMS LLC 3434 VALLEY OAK DR LOVELAND CO 80538 ::RaadIngs:_ ............... Previous u5dge - - prAvioli6 Shargeg 14_67 .:.NeteT III-- Date :-:Beading Dace Reading -. '.tm.:2hons na ) - ._.. ..... 11147320 08/24 246 07/25 246 0 Payments 10.67 - Bal Fwd 0.00 METER 0.00 SPAGWTR 10.00 To pay online go to www.greeleygov:com - To pay by phone call (970)350-9722 or (970)350-9723 For watering restrictions call (970)336-4134 or go to www.greeleygov.com -Cuttent :CAarges 10,00 TOTAL BALANCE 10.00 Consumption History Osage (in thwsana gallons) SAL FWD DUE IMMEDIATELY CURRENT CHARGES ARE DUE BY 09/13/11 0 0 0 Last Last Shia Year Month Month DETACH AT PERFORATION AND RETURN BELOW PORTION RITE YOUR REMITTANCE Hello