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U LL a Wom So M ° a+s ll CI ii O % o 8 �� 3t1)( N n x =v° @ S IB .6-ere Ni..k li E < O F- b"M co $t$ I ...AWN 8 y .. g$a$ � •y..zi1 ft. I Vr O `7 gill z . E CC 8.J 01111 10 1 ' —�-- a 1635.65' g4•$ LU W `. 1 t 1 _ _ 316.70' _- 692.22' 1 — — r" k . 8 w T- S(11'21'33"E Z R 4.57' u - .-v N01'21'331V 264 `7.q R 1866 - 2- 2011 DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION w E L o -C O N T Y ADMINISTRATIVE REVIEW Applicant: J&J Farm Property, LLC RE- 5069 Planner: T. Parko Legal Description: Lot B of RE-4278; Part of the NE '/ of Section 12, T4N, R 65W of the 6th PM, Weld County, CO. Parcel ID #: 1055-12-1-00-004 Lot A Size: +/- 3 acres Lot B Size: +/- 28.08 acres Water Source: Lot A: Future CWCWD Tap Sewer System: Lot A: Future Septic Lot B: Future CWCWD Tap Lot B: Future 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 any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2. Topographic or physical features of the proposed Lot A, such as ravines, ditches, streams etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Weld 2011-1393 mil,— rnI/2 /rt. ,7a(o7 • • 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. 3. Prior to recording the plat: A. Lot A shall comply with the two and one-half (2 1/2) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Lot A is an island and will not be impacted by right-of-way B. 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. 4. Items to be delineated on the plat: A. The plat shall be titled: Recorded Exemption No. 1055-12-1 RE-5069. B. There are two existing accesses to the parcel; an existing easement along the western property lined shared with another recorded exemption as well as an existing access that will be shared between the proposed Lot A and Lot B. The 30 foot easement shall be split along the property line with 15 feet from each lot. C. 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. D. County Road 48 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. All setbacks shall be measured from the edge of future right-of-way. 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. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. 5. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A 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 Lots 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 permit, the applicant shall submit evidence of approval from the Platteville/Gilcrest Fire Protection District to the Weld County Building Department. 6) Potential purchasers should be aware that Lot A may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. 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) Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of the Recorded Exemption Process. Approval of this Recorded Exemption does not guarantee approval of future applications on adjacent properties. 11) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) 12) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40). 13) 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. 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. 7. 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(Wco.weld.co.us 8. 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. Digitally signed by Tom Parko • / Ua��9 sMa//U 2011.02.0707:29:27-0700 By Date: 02/07/2011 Tom Parko, Planning Manager • • Print Form RECORDED EXEMPTION (RE) SUBMITTAL CHECKLIST APPLICATION REQUIREMENTS: One original recorded exemption application form plus three copies. The application must be signed by all persons on the deed, an authorized agent with a letter from the property owner(s) granting authorization, or if the property is owned by a corporation - documentation indicating that the person signing is authorized (officer v/ of the corporation) to sign the application. One digital or eletronic copy of completed application materials, if required 17 One original completed Recorded Exemption questionnaire plus three copies. One legible 8-1/2" by 11" map drawn to include the following items plus three copies. >c. North arrow XI Estimated boundary of the property )Q All existing and proposed lots(including approximate size in acres) 0 Easements and/or rights-of-way Existing roads/highways abutting the property X All existing structures including: dwelling(s), mobile homes, outbuildings, pens, irrigation ditches, oil and gas well production facilities, or other unique characteristics One original Weld County Road Access Information Sheet plus one copy. Clearly indicate all existing and proposed accesses (residential, agricultural, oil and gas, ditch, etc). / One copy of a legible deed or legal instrument identifying the applicant(s interest in the property. \7 `' Two copies of a letter from the water district, municipality, or a copy of a well permit(s) indicating existing service or availability of water service to each proposed lot. If using a well, please complete the attached A Water Supply Information Summary. N I} Two copies of any existing septic system permit(s)on each lot or one copy of a letter from the sanitary sewer / district indicating existing service or availability of sewage disposal to each proposed V/ lot. One original Certificate of Conveyance (COC) form and all attachments provided by the title company. V One copy of statement from the Weld County Treasurer showing no delinquent taxes exist for the original I/ / parcel. A / One original Acreage Waiver form, if applicable. /4 Application fees Packets shall be bound with either paper clips or binder clips (no substitutes) in the order listed below. Applications bound in any other fashion may be returned to the applicant without review. Packet 1 will contain - one original of the following; application, questionnaire, map, Road Access Info Sheet, one copy of deed, one copy of water district letter or well permit, one copy sanitary sewer district letter or septic permit, one original COC and any attachments, one Weld County Treasurers Tax Statement, one Acreage Waiver form (if applicable). Packet 2 will contain -one copy of the following; application, questionnaire, map, one copy of water district letter or well permit, one copy sanitary sewer district letter or septic permit. Packet 3 will contain - one copy of the following; application, questionnaire, map, one copy Road Access Info sheet. Packet 4 will contain -one copy of the following; application, questionnaire, map. Updated 08-01-09 (1 ( CIVIL RES %URCES TRANSMITTAL TO: Weld County Planning Dept. FROM: Mickey Leyba-Farnsworth 1555 N. 17th Avenue DATE: 12/01/10 Greeley, CO 80631 PROJECT: J & J Farm Properties RE ATTN: Tom Parko JOB NO. 10-212.01 CC: FAX: PHONE: PAGES: Including Cover RE: 8284 WCR 7 Recorded Exemption Application ❑ Urgent ® For Review ❑ Please Comment ❑ As Requested ❑ Please Recycle CONTENTS $1,000.00 Application Fee (check dated 11/19/10 issued by J & J Farm) CD copy of completed application materials Packet Originals: Application, Statement of Authority, Authorization Statement, 1 Questionnaire, Map Exhibit, Road Access Info Sheet, Deed, Central Weld County Water District Letter, sewage disposal statement, COC and attachments, Weld County Treasurers Tax Statement. Packet Application, Statement of Authority, Authorization Statement, Questionnaire, 2 Map Exhibit, Central Weld County Water District Letter, sewage disposal statement. Packet Application, Statement of Authority, Authorization Statement, Questionnaire, 3 Map Exhibit, Road Access Info Sheet Packet Application, Questionnaire, Map Exhibit 4 COMMENTS: 323 Fifth Street• P.O. Box 680•Frederick, Colorado 80530• Phone: 303.833.1416 Fax: 303.833.2850 • • CIVIL RES'9l1RCES PACKET 1 (Originals) Table of Contents J & J Farm Properties, LLC 2-Lot Recorded Exemption Application 1 . Application Form 2. Statement of Authority 3. Authorization Statement 4. Recorded Exemption Questionnaire 5. Recorded Exemption Map 6. Weld County Access Permit Application Form 7. Deed & Copy of Recorded RE-4278 8. CWCWD Will Serve/Availability Letter 9. Sewage Disposal Statement 10. Certificate of Conveyances and Attachments 11 . Weld County Treasurers Tax Statement WELD COUNTY,COLORADO DEPARTMENT OF PLANNING SERVICES 1555 N 17TH AVENUE GREELEY,CO 80631 PHONE:970-353-6100, EXT.3540/FAX:970-304-6498 Date: -1-4 - 20 I ' Receipt :No. 15 7 ' I Received From: Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR If 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-ZPCV/ZPAS 4430-MAPS/POSTAGE 4430-COPIES fl 4730-INVESTIGATION FEE 6560-RECORDING FEE l _ I .) ❑CASH [�ICHECK NO. • ' ❑CREDIT CARD TOTAL FEE i ' Receipted By: _ DL# -Al ' Exp. WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 1555 N 17TH AVENUE GREELEY,CO 80631 PHONE: 970-353-6100, EXT.3540/FAX: 970-304-6498 Date: r- . - - 20 A ' Receipt No. 1 c p fr Received From: I i Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-ZPCV/ZPAS 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE % E / 2 ❑CASH ❑CHECK NO. / ❑CREDIT CARD TOTAL FEE Receipted By: DL# Exp. DEPARTMENT OF PLANNING SERVICES itolt jori 6 1555N17thAVE GREELEY, CO 80631 PHONE: (970)353-6100, Ext. 3540 FAX: (970)304-6498 COLORADO December 3, 2010 J &J Farm Properties, LLC Go Mickey Leyba-Farnsworth Civil Resources, LLC PO Box 680 Frederick CO 80530 Subject: RE-5069 - A Recorded Exemption located on a parcel of land described as Lot B RE-4278; Part of the NE4 of Section 12, T4N, R65W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is approved. If staff determines that the application does not meet the approval criteria or if staff has concerns with the application, staff may elect to forward the application for review to the Board of County Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. If you have any questions concerning this matter, please call me. Sincerely. 044 Digitally signed by Kristine Ranslem Reason:I am the author of this document Location:1555 N 17th Ave / � Date:201O12.0308:45:36-07'00' Tom Parko Planner 446q*: APPLICATION FLOW SHEET COLORADO APPLICANT: J&J Farm Properties, LLC CASE #: RE-5069 REQUEST: Two-Lot Recorded Exemption LEGAL: Lot B of RE-4278. Part of the NE1/4 of S12, T4N, R65W of the 6th PM., Weld County Colorado. LOCATION: South of and Adjacent to CR 48 and approximately %4 mile West of CR 49. PARCEL ID #: 1055-12-1-00-004 ACRES: 31 +/-Acres Date By Application Received 12/01/10 CG Application Completed 12/02/10 TP Referrals listed 12/02/10 TP Vicinity map prepared 12/02/10 TP File assembled I91gD Case logged in computer 12/02/10 TP Letter to applicant mailed 12111b Referrals mailed Field check by DPS staff Administrative Review decision: Board of County Commissioners hearing (if applicable) Date By County Commissioners Hearing Date Surrounding property owners notified Presentation prepared CC action: CC resolution received j Date By Plat recorded and filed (,U / 5"1] Overlay Districts Zoning Agricultural MUD Yes No_x_ IGA Yes No_x_ Airport Yes_ No_x_ Geologic Yes_ No_x_ Flood Hazard Yes No_X_ • • RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 1 0 5 5 _ 1 2 _ 1 _ 0 0 _ 0 0 4 (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 Lot B Recorded Exemption RE-4278 (NE4) , Section 12, Township 4 North, Range 65 West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes O No O Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes O No O FEE OWNER(S) OF THE PROPERTY: Name: J&J Farm Properties,LLC Work Phone# (720)331-5456 Home Phone# (303)772-2299 Email Address t-jdarrah@msn.com Address: 809 Panorama Circle City/State/Zip Code Longmont,CO 80504 APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany all applications signed by Authorized Agent) Name: Mickey Leyba-Farnsworth(Civil Resources,LLC) Work Phone# 303.833.1416ex212 Home Phone# 720.212.9598 Email Address mickey@civilresources.com Address: 323 5th Street,P.O.Box 680 City/State/Zip Code Frederick,CO 80530 Lot A Lot B Lot C Lot D Smaller Parcel Water Source Future CWCWD Tap Future CWCWD Tap Type of Sewer Future Septic Future Septic Proposed Use Residential&Ag Residential&Ag Acreage 3.00+/-Acres(net) 28.08 +/-Acres(net) Existing Dwellings? If Yes, list address If Yes, list address If Yes, list address If Yes, list address below: below: below: below: 4.tii,i) 11 ,&AD cR-N e 2 3/ q 14 Cie-L g * 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. '1 7� rAut z,,h 11 II la � -$6,z,,, /09AaiQ ignature: Owner dr Auth riz d Agent Date! y l Signature: Owner or Authorized Agent Date STATEMENT OF AUTHORITY I. This Statement of Authority4elates to an entity' named and is executed on behalf of the entity pursuant to the provisions of Section 38-30-172,C.R.S. 2. The type of entity is a: ❑ trust O registered limited liability partnership ❑ nonprofit corporation O registered limited liability limited partnership $limited liability company O limited partnership association ❑general partnership O government or governmental subdivision or agency ❑ limited partnership O corporation /1 3. The entity is formed under the laws of LC lorA n O 4. The mailing address for the entity is (9 y 9 1�X �a.ei to-n q vr,o-�`F) CO . $oso 5. The name O position of each person authorized to execute instruments conveying, encumbering, or otherpy{se affecting title to real property on b half the e City is /OM .J; bi:rrtth a rj AkX5cn • 6.2 The authority of the foregoing person(s)to bind the entity is ■not limited ❑limited as follows: /0fit 7. Other matters concerning the manner in which the entity deals with interests in real property: Executed this /V rF bR y CF iW✓EMsrR/ 20/0 44,t A inure ) ./t l Signature STATE OF COLORADO COUNTY OF .±6! p }SS: The foregoing instrument was acknowledged before me this /Y day of /Y°✓eM.t3E- 20/0 , by Witness my hand and official seal. Notary Public My commission expires: / l2 / /20/3 p�� yp� Cep �t�y�p L1 'This form should not be used unless the entity is capable of holding title to real property. MELISSA LE�IpBA-FARNSW RTH 'The absence of any limitation shall be prima facie evidence that no such limitation exists. NOTARY 'The statement of authority must be recorded to obtain the benefits of the statute. STATE OF COLORADO Authorization Statement J & J Farm Properties, LLC 1449 Ajax Way Longmont, Colorado 80504 To Whom It May Concern: Please be advised that as property owner, J &J Farm Properties, LLC hereby authorizes Mickey Leyba- Farnsworth, to represent us in our endeavor to subdivide Lot B RE-4278, Parcel No. 105512100004 located in the northeastern quarter of Section 12, Township 4 North, Range 65 West of the 6th P.M.,Weld County, Colorado. J &J FARM PROPERTIES, LLC 07/7 O7e) By: Kent Nelson, Manager Date ///a?a/o U irk L..)6 A A/�1�---� By: Thomas Darrah, Manager Date J & J Farm Properties, LLC 2-Lot Recorded Exemption Questionnaire This application is for the purpose of processing a two-lot Recorded Exemption in order to split a parcel of land located in the northeastern quarter of Section 12, Township 4 North, Range 65 West of the 6th P.M., in Weld County, Colorado. The existing parcel to be split by the proposed 2-Lot Recorded Exemption is identified as Lot B Recorded Exemption RE-4278 recorded 04/05/2006, Rec. No. 3376757. Following discussions with Mr. Tom Parko, this RE application is being submitted with the understanding that the County has agreed to process the application and final plat approval and recording could not occur prior to April 5, 2011. The current and proposed configuration is identified on the attached exemption sketch map and is consistent with current property uses. The resulting parcels will be 3.00+/- and 27.89+/-acres in size for Lots A and B respectively. Acreages are approximate and will be finalized by the plat after review. The proposal is consistent with the surrounding uses, which include rural residential and agricultural uses. Each lot will remain in agricultural zoning consistent with the surrounding properties. This proposal is consistent with application standards found in the most current Procedural Guide. 1. Water supply statements addressing the following: a. Domestic use. The statement will include evidence that a water supply of sufficient quality, quantity and dependability will be available to serve all proposed lots. A letter from a water district, municipality, or a well permit are examples of evidence for domestic use. Domestic water for Lots A and B will be provided by the Central Weld County Water District. Support documentation is included in the application material. b. Irrigation water. The statement will include the type and quantity of irrigation water to the site, whether irrigation water has been removed form the site and, if so, when. There is no irrigation water associated with these parcels. 2. A Statement explaining that the proposed lots will have an adequate means for the disposal of sewage in compliance with the requirements of the underlying zone district and the Weld County Department of Public Health and Environment. A copy of the septic permit or a letter from the sewage disposal facility must accompany the application. The property is not currently served by sewage disposal system. Proposed lots will utilize a septic system that shall be permitted through the Weld County Department of Environmental Health and Environment. 3. A description of how the property is being used. When the parcel(s) is located in the agricultural zone district, the number and types of livestock and any existing improvements such as the principal residence, labor home, mobile home, manufactured home, barn, outbuildings, and oil/gas well production facilities on the property. If the property is being farmed the location of any pivot sprinklers and irrigation ditches as well as types of crops being produced. The property is undeveloped and is covered with native vegetation. There are two oil and gas well heads and a tank battery located in the center and southern parts of the property. 4. A description of the location, size, present and future use of the area where the proposed new lot(s) will be created. 2—Lot Recorded Exemption Application 1 • • Proposed Lot A will be approximately 3.00 acres in size and is located south of and adjacent to Weld County Road 48. Lot A will be used for a single family dwelling and those uses allowed by the existing agricultural zone district. 5. A statement describing any unique physical characteristics on the site, if applicable such as rock outcroppings, hills, ditches. The property contains a natural drainage way which runs east and west across the property. 6. A statement indicating where a primary building envelope and/or alternative building envelope will be designated on any of the lots. Building envelopes may not be necessary on lots that are smaller than 35 acres. The Department of Planning Services reserves the right to recommend building envelopes on smaller acreage. The designation of building envelopes is not applicable as the lots are smaller than 35 acres. 7. Is there a Business or Use by Special Review permit on the property? If so, will it be vacated or remain on the Recorded Exemption lot(s)? Currently no special land use permits are associated with the property. A recorded exemption application shall comply with the standards listed in Section 24-8-40 of the Weld County Code. The following addresses those standards: 24-8-40. A The water supply for all proposed lots is adequate in terms of quality, quantity and dependability. Lots A& B will be served by Central Weld County Water District. 24.8-40. B An adequate sewer service is available to serve the uses permitted on all proposed lots. The sewer service shall comply with the requirements of the applicable zone district and the Department of Public Health and Environment. Future construction on Lots A and B shall be required to install a system permitted through the Weld County Department of Public Health and Environment. 24.8-40. C An access is, or can be made, available that provides for safe ingress and egress to a public road. All accesses shall be in accordance with Chapter 8, Article II of this Code. Safe access is available to the proposed lots. An existing access easement serves the property from Weld County Roads 48 and the access point designated and recorded with RE-4278 shall be utilized. This section of the application, coupled with the Weld County Road Access Information Form, shall serve as the Access Plan for this site. An existing 30' access easement, Recorded Exemption Plat No. 1055-21-1 RE-4278 Reception No. 3376757, from Weld County Road 48 along the west side of the existing parcel shall be utilized. 28-8.40. D The proposed recorded exemption will comply with Chapter 23, Article V of the Weld County Code. All lots shall comply with Article V, Chapter 23 of the Weld County Code. This section of the Weld County Code stipulates regulations for development in overlay district areas. This proposal is not in the Geologic Hazard Overlay District, the 1-25 Mixed Use Development District or the Flood Hazard Overlay District. The site is in the Greeley/Weld County Airport Overlay District as determined through review of documents on file with the Weld County Department of Planning Services. The property is not within an Intergovernmental Agreement Urban Growth Boundary or 2—Lot Recorded Exemption Application 2 a standard Urban Growth Boundary area as determined by review of current maps located in Chapter 19 of the Weld County Code. The site is located approximately 2 miles east of LaSalle's IGA Urban Growth Boundary and four miles southwest of Kersey's IGA Urban Growth Boundary. 24.8-40. E The proposal is consistent with the policies and goals of Chapter 22 of this Code. This proposal is consistent with the goals and policies outlined in the Weld County Comprehensive Plan, Chapter 22 of the Weld County Code. This proposal considers the current and future use of the property in determining the proposed lot configuration and proposed shared access point, therefore conforming to the underlying principles of orderly development. A. Goal 3, as found in Section 22-2-60.C indicates, "Provide mechanisms for the division of land which is agriculturally zoned." The Recorded Exemption process was established to subdivide agriculturally-zoned properties. This application is for a two-lot Recorded Exemption. Further, A.Policy 3.3.3 as found in Section 22-2-60.C.3.c states that safe and adequate access onto County roads shall be evaluated. This proposal stipulates that safe access to the proposed lots is available. B. Policy 2.4, as founding Section 22-2-190.8.4 stipulates, "Conservation of natural site features such as topography, vegetation and water courses should be considered in the project design." This proposal will take into consideration conservation of natural site features on both Lots A and B in the project design. The resulting Lots A and B contain agricultural land and natural vegetation. The resulting Lot B can continue in agricultural uses. 24.8-40. F The proposal is consistent with any adopted intergovernmental agreement, if applicable. Not applicable. 24-8.40. G The proposal has taken into consideration master plans of affected municipalities. The property is not within an Intergovernmental Agreement Urban Growth Boundary or a standard Urban Growth Boundary area as determined by review of current maps located in Chapter 19 of the Weld County Code. The site is located approximately 2 miles east of LaSalle's IGA Urban Growth Boundary and four miles southwest of Kersey's IGA Urban Growth Boundary. 24.8-40. H The proposal is consistent with existing surrounding land uses. Existing surrounding land uses include agricultural and rural residential. This proposal will be consistent with surrounding land uses. 24-8-40. 1 The proposal is consistent with the intent of the zone district the exemption is located within as expressed in Chapter 23 of the Code. The proposed property use will be residential and uses allowed by the Agricultural zone district. 24-8-40. J The proposal is consistent with sound land use planning practices. This proposal has considered the current and future land use of the property to determine proposed property boundaries, therefore conforming to the underlying principles of orderly development. 24.8.30. K The proposal is consistent with the Statement of Purpose as expressed in Section 24.1-30 of this Chapter. 2—Lot Recorded Exemption Application 3 • • The Statement of Purpose of Section 24-1-30 details eighteen criteria used to achieve orderly and efficient development in Weld County. This application meets, exceeds, or does not impact the following criteria: • 24-1-30. A Assisting orderly and integrated development. This proposal has considered the current land use of the property to determine proposed property boundaries, therefore conforming to the underlying principles of orderly and integrated development. The resulting vacant parcel, proposed Lot B, will have the ability to remain in agricultural use. • 24-1-30. B Promoting the health, safety and general welfare of the residents of the County. Water service and sewage disposal will be accomplished by safe means as stated previously in this application. • 24-1-30. C Ensuring conformance of land subdivision plans with the public improvement plans of the County and its various municipalities. The resulting parcel sizes are compatible with surrounding parcels and consistent with existing development in the area. The uses allowed on these parcels shall be those allowed by right in the agricultural zone district. • 24-1-30. D Ensuring coordination with public municipal improvement plans and programs. This proposal should not affect municipalities in the area as it is not located within an Intergovernmental Agreement Urban Growth Boundary per Chapter 19 of the Weld County Code. • 24-1.30. E Encouraging well-planned subdivisions by establishing adequate standards for design and improvement. The uses allowed on these parcels shall be those allowed by right in the Agricultural zone district. The proposed access points for both lots is efficient and orderly and follows design criteria for a well-planned subdivision as well as facilitation separate uses—agricultural and residential. • 24-1-30. F Improving land survey monuments and records by establishing standards for surveys and plats. A surveyor shall prepare final documents to be recorded with the County. Such documents shall conform to current standards of Weld County. • 24-1-30. G Safeguarding the interests of the public,the homeowner and the subdivider. The proposed RE will not harm the public's interest nor the subdivider's. • 24-1.30. H Securing equitable handling of all subdivision plans by providing uniform procedures and standards. The referral and review process established by Weld County will ensure the interests of the public and the applicant will be handled in an equitable manner, therefore providing uniform procedures and standards for review of all applications of this nature. • 24-1-30. I Preventing loss and injury from fire in wooded terrain. • 24-1-30. J Preserving agricultural land and promoting its most productive agrarian use. 2—Lot Recorded Exemption Application 4 • • The property is classified as Irrigated, Not Prime. A small portion of the property may be classified as Irrigated, Prime. This information was obtained by review of the USDA Prime Agricultural Land map on file with Weld County Planning Services. • 24.1.30. K Ensuring that irrigation water currently associated with a farm or rural unit of land will be retained for agricultural uses. No irrigation water is associated with the existing parcel. • 24-1-30. L Preserving natural vegetation and cover and promoting the natural beauty of the County. This proposal does not detract from preserving natural vegetation and cover. The proposed Lot B shall be maintained appropriately and has the ability to continue to be used for agricultural purposes. • 24-1-30. M Preventing and controlling erosion, sedimentation and other pollution of surface and subsurface water. • 24-1-30. N Preventing flood damage to persons and properties and minimizing expenditures for flood relief and flood control projects. • 24.1.30. 0 Restricting or regulating building in flood hazard overlay district areas, shorelands, areas covered by poor soils or area poorly suited for building or construction. • 24-1-30. P Preventing loss and injury from land slides, mud flows and other geologic hazards. • 24-1-30. 0 Providing adequate space for future development of schools and parks to serve the population. These standards and County Code provisions are not applicable to this application. • 24.1-30. R Ensuring the planning for and provisions of an adequate and safe source of water and means of sewage disposal. This question has been addressed elsewhere in this application in accordance with current State and County standards. 24-8-40. L The minimum size of any lot proposed with a public water supply is not less than one(1) acre net. Minimum lot sizes do not apply in zone districts which allow smaller lots or where exempted by the Board of County Commissioners. This proposal meets these criteria. 24-8-40. M After January 1, 2004, the proposed recorded exemption is eligible for land exemption if it is not part of: 1)The largest lot of a recorded exemption which was recorded within the last five(5)years; 2)The largest lot of a recorded exemption which was done in conjunction with a subdivision exemption which was recorded within the last five years. This proposal meets these criteria. 24-8-40. N None of the smaller lots of recorded exemptions approved after January 1, 2004 are eligible for future land exemptions. This proposal meets these criteria. 24.8-40. 0 The proposal is consistent with good agricultural practices, if applicable. 2—Lot Recorded Exemption Application 5 This proposal has considered the current land use of the property to determine proposed property boundaries, therefore conforming to the underlying principles of orderly and integrated development. The resulting vacant parcel, proposed Lot B, will have the ability to be used for agricultural purposes. 2—Lot Recorded Exemption Application 6 0.: Weld County Public�cs Dept. •1111HStreet ACCESS PERMIT P.O. Box 758 03 Greeley,CO 80632 APPLICATION FORM Phone: (970)304-6496 Fax: (970)304-6497 Applicant Property Owner(If different than Applicant) Name J &J Farm Properties, LLC Name Company Address Address 1449 Ajax Way City State Zip City Longmont State CO Zip 80504 Phone Business Phone (303)772-0787 Fax Fax E-mail E-mail jackabbev@hotmail.com ♦=Existing Access A=Proposed Access Parcel Location&Sketch The access is on WCR 48 RES access point for Lot B �r from existing access easement Nearest Intersection:WCR 48 &WCR 49 from WCR48,RE-4278 RES access point for Lot A from Distance from Intersection 1627 ft Lot A/2626 ft Lot B existing RE-4278 access point. . , - a Ail access points Parcel Number 105512100004T'Ti^ deplored on this t i,. map are Section/Township/Range S12/T4N/65W T approximate a, locations. Is there an existing access to the property? YES NO N vAL vr Please refer to U enclosed maps k- APPROXIMATE .3 with application Number of Existing Accesses 2 APPROXIMATE -. c,a materials as well PROPERTY LOCATION as application Road Surface Type&Construction Information Narratives for discussion on Asphalt Gravel_ Treated _ Other 'ry ' access int and more detailed i r - t" location. Culvert Size&Type L_ -"__.t._.±..._____, i WCR as Materials used to construct Access I Construction Start Date Finish Date Proposed Use ❑Temporary(Tracking Pad Required)/$75 cg Single Residential/$75 o Industrial/$150 a Small Commercial or Oil&Gas/$75 a Large Commercial/$150 ❑ Subdivision/$150 o Field (Agriculture Only)/Exempt Is this access associated with a Planning Process? ❑ No a USR X RE o PUD a 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 agrees to comply with all said permit requirements and provisions,all Weld County ordinances,and state lav regarding facilities construction. Signature 7 11/—y,.p -4 4 ( i6- , Printed Name Tl/7MA s TA t? OA f21z t-it Date (l l yp O Approval or Denial wiR Reissued aminimum of 5 days. Approved by Revised Date 6/29/10 • • Weld County Treasurer Statement of Taxes Due Account Number R4354506 Parcel 105512100004 Assessed To J&J FARM PROPERTIES LEG 314 GRANT STREET LONCIMONT,CO 80501 Legal Description Situs Address PT NE4 12-4-65 LOT B REC EXEMPT RE-4278 Year Charges Billed Payments Balance 2009 Tax $44.82 $44.82 $0.00 Grand Total Due as of 11/04/2010 $0.00 Tax Billed at 2009 Rates for Tax Area 0138-0138 Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 16.8040000* $19.17 AG-FLOOD $3,577 $1,040 SCHOOL DIST RE1 8.2120000 $9.36 IRRRIGATED LAND NORTHERN COLORADO WATER 1.0000000 $1.14 AG-GRAZING LAND $300 $90 (NC AG-WASTE LAND $2 $10 CENTRAL COLORADO WATER 0.4250000 $0.48 Total $3,879 $1,140 (CCW CENTRAL COLORADO WATER 1.3380000 $1.53 SUBD LASALLE FIRE 1.5530000* $1.77 AIMS JUNIOR COLLEGE 6.3120000 $7.19 HIGH PLAINS LIBRARY 3.2550000 $3.71 WEST GREELEY CONSERVATION 0.4140000 $0.47 Taxes Billed 2009 39.3130000 $44.82 Credit Levy ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. Weld County Treasurer•P.O.Box 458,Greeley CO 80632• 1400 N 17th Ave,Greeley CO 80631 •(970)353-3845 ext.3290 • Weld County Treasurer Account Parcel Number Receipt Date Receipt Number R4354506 105512100004 Apr 30, 2010 2010-04-30-10-31787 J&J FARM PROPERTIES LLC 314 GRANT STREET LONGMONT,CO 80501 Situs Address Payor Legal Description PT NE4 12-4-65 LOT B REC EXEMPT RE-4278 Property Code Actual Assessed Year Area Mill Levy AG-FLOOD IRRRIGATED LAND -4117 3,577 1,040 2009 0138 39.313 AG-GRAZING LAND-4147 300 90 2009 0138 39.313 AG-WASTE LAND-4167 2 10 2009 0138 39.313 Payments Received Net Vantage Multi-Account Payment Check Number 0778 Payments Applied Year Charges Billed Prior Payments New Payments Balance 2009 Tax $44.82 $0.00 $44.82 $0.00 $44.82 $0.00 Thank you for your payment all payments subject to final bank clearance Weld County Treasurer Statement of Taxes Due Account Number R4354506 Parcel 105512100004 Assessed To J&J FARM PROPERTIES LLC C/O KENT NELSON 1449 AJAX WAY LONGMONT,CO 80504 Legal Description Situs Address PT NE4 12-4-65 LOT B REC EXEMPT RE-4278 Year Charges Billed Payments Balance 2010 Tax $50.35 $0.00 $50.35 Grand Total Due as of 02/08/2011 $50.35 Tax Billed at 2010 Rates for Tax Area 0138-0138 Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 16.8040000* $19.16 AG-FLOOD $3,577 $1,040 SCHOOL DIST RE1 9.3930000 $10.71 IRRRIGATED LAND AG-GRAZING LAND $300 $90 NORTHERN COLORADO WATER 1.0000000 $1.14 (NC AG-WASTE LAND $2 $10 CENTRAL COLORADO WATER 0.4250000 $0.48 Total $3,879 $1,140 (CCW CENTRAL COLORADO WATER 1.3390000 $1.52 SUBD LASALLE FIRE 5.1540000 $5.88 AIMS JUNIOR COLLEGE 6.3600000 $7.25 HIGH PLAINS LIBRARY 3.2810000 $3.74 WEST GREELEY CONSERVATION 0.4140000 $0.47 Taxes Billed 2010 44.1700000 $50.35 Credit Levy ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,REAL PROPERTY-AUGUST 1. Weld County Treasurer•P.O. Box 458,Greeley CO 80632•1400 N 17th Ave,Greeley CO 80631 •(970)353-3845 ext.3290 • REFERRAL LIST Name: • Count Towns&Cities Fire Districts Attorney _Ault _Ault F-1 X Health Department __Berthoud _Berthoud F-2 _Extension Office _Brighton _Briggsdale F-24 _Emergency Mgt Office _Dacono _Brighton F-3 _Sheriffs Office Eaton_ Eaton_ F-4 X Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans _Galeton F-6 _Airport Authority _Firestone _Hudson F-7 Building Inspection _Fort Lupton _Johnstown F-8 X Code Compliance _Frederick X LaSalle F-9 Kim Ogle(Landscape Plans) _Garden City _Mountain View F-10 _Lin (Addressing Change of Zone) _Gilcrest _Milliken F-11 Ambulance Services _ _ Greeley Nunn_ F-12 _Grover _Pawnee F-22 State _Hudson _Platteville F-13 Div._ of Water Resources _Johnstown _Platte Valley F-14 Geological Survey _Keenesburg _Poudre Valley F-15 _Department of Health _Kersey _Raymer F-2 _Department of Transportation _LaSalle _Southeast Weld F-16 _Historical Society _Lochbuie _Union Colony F-20 _Water Conservation Board _Longmont _Wiggins F-18 _Oil & Gas Conservation Commission _Mead Windsor/Severance F-17 _Milliken Division of Wildlife _New Raymer Legal Lot B of RE-4278 South Hwy 66(Loveland) _Northglenn Parcel ID# 1055-12-1-00-004 _North Hwy 66(Greeley) _Nunn Zone A Acres?33+/- _Division of Minerals/Geology _Pierce USDA _Platteville Airport Soil Conservation Districts Severance Geo Haz Big Thompson/FTC _Thornton FP? Panel# _Boulder Valley/Longmont _Windsor IGA? ORD# Brighton/SE Weld MUD? Centennial Counties Greeley/West Greeley Adams _Platte Valley _Boulder West Adams _Broomfield Little Thompson _Larimer r T Federal Government Agencies Other w _US Army Corps of Engrs X School District RE-1 _USDA-APHIS Vet Service _Central Colo.Water Conservancy Dist Federal Aviation Admin (Structures _RR over 200 ft or w/in 20000 ft of Pub _Ditch Company, Airport _Art Elmquist(MUD Area) _Federal Communications Comm _ 7 7 Commissioner • Kristine Ranslem From: Kristine Ranslem Sent: Friday, December 03, 2010 9:42 AM To: Bethany Salzman; 'Jo Barbie', 'Isfd@comcast.net' Subject: RE-5069 Referral Attachments: Referral Sheet.pdf; Application.pdf We have just received a case (RE-5069) in which we ask that you review the attached material and send a referral to us by January 2, 2011. Attached is the application and referral sheet. You may send your comments to the Planner assigned to this case, which is Tom Parko (tparkotu�co.weld.co.us) If you have any problems with the attachments, we will provide hard copies upon request. Thank you! KriSti,we RG1w5Levv. Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 97O-353-61OO ext. 3519 1 Kristine Ranslem From: Kristine Ranslem Sent: Friday, December 03, 2010 9:43 AM To: 't-jdarrah@msn.com'; 'mickey@civilresources.com' Subject: Case RE-5069 Attachments: Applicant letter.pdf Please see the attached letter. If you have any questions, please let us know. Thank you! K.VLstLWe RawsLem Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 1 . Submit by Email Print Form (it Weld County Referral C. COLORADO December 3, 2010 The Weld County Department of Planning Services has received the following item for review: Applicant J&J Farm Properties, LLC Case Number RE-5069 Please Reply By January 2, 2011 Planner Tom Parko Project Two Lot Recorded Exemption Legal Lot B RE-4278; Part of the NE4 of Section 12, T4N, R65W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 48; approximately 1/4 mile west of CR 49. For a more precise location, see legal. Parcel Number 1055 12 100004 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑x We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. ❑ Please notify me of any public hearings regarding this request. Comments: Upon review of my case files and computer under the above name and parcel number,no violations were noted. Signature Date 12/03/2010 Agency oning Compli Officr +Weld County Planning Dept. +1555 N 17'"Ave, Greeley,CO.80631 3(970)353-6100 ext.3540 +(970)304-6498 fax R • • Weld County R 'err C. 1 December 3, 20 4 L DEC - 6 2010 - COLORADO L_____ The Weld County Department of Planning Services has received the following item VIED CCUN fY PU°LIC LP1OrtKS oFp Applicant J&J Farm Properties, LLC I Case Number RE-5069 Please Reply By January 2, 2011 Planner Tom Parko Project Two Lot Recorded Exemption Legal Lot B RE-4278; Part of the NE4 of Section 12, T4N, R65W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 48; approximately 1/4 mile west of CR 49. For a more precise location, see legal. Parcel Number 1055 12 100004 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. See attached letter. ❑ Please notify me of any public hearings regarding this request. Comments: Signature Date 12 - 2�_ Agency t t t C c w : ; kc-> :Weld County Planning Dept. 41555 N 17th Ave, Greeley,CO.80631 ••x(970)353-6100 ext.3540 C.(970)304-6498 fax • • Weld County Planning Department GREEI,EY OFFICE (et MEMORANDUM Ids) 03 71111 RECEIVED TO: Tom Parko, Planning Services DATE: December 22, 2010 FROM: Heidi Hansen, P.E., Public Works Department 44h COLORADO SUBJECT: RE-5069, J & J Farm Properties, LLC 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: WCR 48 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. REQUIREMENTS: The applicant indicates that there are two existing accesses to the parcel; an existing easement along the western property line shared with other recorded exemption lots as well as an existing access that will be shared between the proposed Lot A and Lot B. The 30 foot easement shall be split along the property line with 15 feet from each lot. 1. Please submit a copy of the completed access permit with construction information, the appropriate fee and the other requirements including photos from the access location at the time of construction for the shared access. 2. The access shall be placed in such a location to have adequate sight distance in both directions and not below the crest of a hill or where physical obstructions are present. 3. 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. FLOOD HAZARD DEVELOPMENT STANDARDS: This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). pc: RE-5069 Page I of I M:\PLANNING-DEVELOPMENT REVIEMRE-Recorded Exemption\RE-5069.docx Tom Parko From: Heidi Hansen Sent: Monday, January 03, 2011 2:57 PM To: Tom Parko Cc: Mickey Leyba-Farnsworth Subject: RE-5069 Tom, I spoke with Mickey from Civil Resources about RE-5069 ; because they will be utilizing the existing access as a shared access and they are not planning to do any improvements to the access they will not need to submit an additional access permit. Thanks, Heidi Heidi Hansen, P.E. , CFM Weld County Public Works 1111 H Street Greeley, CO 80631 970.304.6496 ext. 3745 1 Memorandum TO: Tom Parko, W.C. Planning DATE: December 30, 2010 FROM: Mary Evett, W.C. Department of Public COLORADO Health and Environment CASE NO.: RE-5069 NAME: J&J Farm Environmental Health Services has reviewed this proposal to exempt 1 lot off of a 31 acre parcel. Proposed Lot A will consist of 3 acres in size and proposed lot B will consist of 28 acres in size. There are no residences located on either of the proposed lots. An individual sewage disposal system and a tap from Central Weld County Water District will be installed on each lot when residences are constructed. The following condition is recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed homes 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. 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. • • CIVIL RES"!URCES,LLC ENGINEERS & PLANNERS January 14, 2011 Mr. Tom Parko Weld County Department of Planning Services Greeley Planning Office 1555 N. 17th Avenue Greeley, CO 80631 RE: J &J Farm Properties Recorded Exemption RE-5069 Response to School District RE-1 Referral Comments Dear Mr. Parko: J &J Farm Properties, LLC has reached an agreement with Weld County School District RE-1 regarding their Recorded Exemption application. The School District's referral letter dated December 29, 2010 requested that an in lieu payment of $1,054.20 each for Parcels A and B be paid to the School District prior to approval of the recorded exemption. J &J Farm Properties has agreed to pay the in lieu payments at the time of sale of parcels. I have enclosed a copy of the executed agreement for your records. Please feel free to contact me with any questions. Thank you for your assistance. Sincerely, CIVIL RESOURCES, LLC /t .,1t-' .� ,r —44.0--t.e7/ Mickey Ley Farnsw,orh Project Mr nager 323 FIFTH STREET • P.D. Sox 6130 • FREDERICK, CO 90530 • PHONE: 303.833.1416 • FAX: 303.033.205❑ Agreement J & J Farm Properties, LLC and Weld County School District RE-1 Weld County School District RE-1 and J &J Farm Properties, LLC agree to the following terms regarding Weld County Planning Department Case RE-5069 I. J & J Farm Properties, LLC agree to pay the school district the full in lieu payment for a single family dwelling unit on parcel A and on parcel B in the amount $1,054.20 each or if together in the amount of$2,108.40 at the time of sale of parcels A and/or B. J & J Farm Properties, LLC . 1:\:\j-\)O A411. '/7/I a Colorado Limited Liability Company Dr. Jo Bak@,ie Date / n /7 Superintendent of Schools By: /74a /"• 2 O(.1-7 ///etv,/i 1Axl Kent Nelson, Manager / ate By: k 1 c' - f/4-0/r0l Thomas Darrah, Manager Date . 0 Submit by Email Print Form Q Weld County PIInning Department jiik esi;s: GREEL' OFFICE JAN ` ?nil REC4 iVED Weld County Referral lURe December 3 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant !J&J Farm Properties, LLC Case Number RE-5069 I Please Reply By January 2, 2011 Planner Tom Parko Project I Two Lot Recorded Exemption Legal Lot B RE-4278; Part of the NE4 of Section 12, T4N, R65W of the 6th P.M., Weld County, Colorado. Location i South of and adjacent to CR 48; approximately 1/4 mile west of CR 49. For a more precise location, see legal. Parcel Number j 1055 12 100004 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. © We have reviewed the request and find that it does/does not comply with our Comprehensive Plan RWe have reviewed the request and find no conflicts with our interests. See attached letter. O Please notify me of any public hearings regarding this request. Comments: Signature ,(�C� s ct _Jln.. d Datep (a,aci..,/o Agency .03.4Y pcsi1e.ts 'c� .tfe—\ '.Weld County Planning Dept. +1555 N 17'"Ave, Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax -Weld County School!istrict RE-1 Gilcrest • LaSalle • Platteville P.O. Box 157 14827 W.C.R. 42 Gilcrest,CO 80623 Dr.Jo Barbie, Superintendent Phone 970-737-2403 Scott Spearnak,Director of Learning Services Fax 970-737-2516 Keith Ouweneel, Director of Support Services Metro 303-629-9337 December 29, 2010 Mr. Tom Parko Weld County Planning Department 1555 North 17th Avenue Greeley, Colorado 80631 RE: Case Number RE-5069 Dear Mr. Parko: We have reviewed the application by J&J Farm Properties, LLC for RE-5069 and have the following comments: Weld County School District RE-1 has developed methodology for Land Dedication and/or In Lieu Payments. The current In Lieu Payment amount per single family unit is $1,054.20. Based on the information provided, it appears that there are plans to build new homes on parcels A and B. Therefore, an in lieu payment in the amount $2,108.40 is due to the school district prior to approval of the recorded exemption. Sincerely, Dr. Jo Barbie Superintendent of Schools BOARD OF EDUCATION Marsha Harris Randy Ray Ken Garcia David Eckhardt Steve Reams Mark Ortiz President Vice President Secretary Treasurer Director Director Our Total Commitment is to Provide an Exemplary Education and Safe Environment for all Students r 4 III• ' ' `, 1 S s �(] I' v. S ` ..,,,,:t.,,, ,,,,,,_„,,,,,,,!!!!,!!!!t _ r `4 T.pia - _ E�_ 4. f b F F a H{F 4 i — — P� £ s .I } 1.i s { 3 , f 3 x 4. t & { 31 5. ° e Iv• zit?, a { { tsar a 1 k t r : 3 x Ps n y F F 1 { ig' e . P' V S 3 p — } °E r'5 t51 { B i r rl s I s5 a E °g ;F b s afgix SP n ;41!;;; [� `' ¢ o t 1 / Yt r i4. 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V _ _ s is _ _. _ 69,:, - ��444 Wn CC G \A;.:'./' I I - .c..bi <c' PROPOSED!-LOT RECORDED •EMPTION J & J FARM PROPERTIES, LLC PARCEL NO. 105512100004 A PORTION OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 4 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO NE Corner ANrww.:6 m,z"I-r oe) Section 12-4-65 W Found No.6 Reber Rome ustww l so, (Length Unknown)with me 'Luc ow, 3-1/4 Dia. Alum. 60' RIGHT OF WAY ...r EXISTING EXISTING sKm600T EXISTING x°'°' PER BOOK 658, PAGE 124 Maned as Shown Below. A EXISTING ACCESS A ACCESS A 1�W''''''9.1 ACCESS A n ACCESS _ W_CR_48 Ai." 6 F _ . . .- - - - L [ sE NO. 1076 PROPOSE 30' I NEC. NO 3375755 ACCESS AND \ \ LOT A' RECORDED I NOT A PART UTILITY EASEMENT I EXEMPTION N0. RE-4334 \� RED. NO. 3502322 II I LOT 'A' RECORDED I EXEMPTION ND. RE-427a LOT'A' I REG. NO. 3375727 3.201 Acres(Gross) 3.001 Acres(Net) I / NEsi UNE RECORDED E%OFEMPPON Na 1055-12-I N.L,..... LOT'B' / RE-4639 28.081 Acres(Gross) I 27.89!Acres(Net) • LOT 'B' RECORDED I I \ EXEMPTION NO. RE-4335 EXISTING REC. NO 3602322 I• DRAINAGE WAY - ot (APPRO%IMAIE) o o.•� WEST BRANCH OF A ._ THE NERES CANAL I BOOK 429,PAGE 75 DECEMBER 10.ISIS \ — • I to - / I I \ \ EXISnxG 30'ACCESS \ / EASEMENT DEDICATED \ 5 `\ • W \ TI RE-4270 FOR THE \ ewERT DF LDr A ANO S °N EXISTING \ \ LOr B OF RE-4273 \ DRAINAGE WAY AND ADJACENT N. ° r (APPROXIMATE) • \ PROPERTIES TO THE ...1->w.,,.N • Sal' Is \ NORTH LINE OF `sJle- -��`J �\ RECORDED E%EMPPON t/ s N0. 1055-12-1 RE-4839 �� I 30' ACCESS AND \ A' \ \ \ UTILITY EASEMENT / A LOT 'A' RECORDED AA ' I WEST BRANCH OF THE EXEMPTION N0. RE-4339 s.'::---,.,..-4A\ .REC. No. 3502323 NERES CANAL, BOOK ' 429, PAGE 75 DECEMBER 10, 1915 --/ si (50' WIDE) EI/4 Cone' E } _ — _ '_OT 'B' RECORDED ( gam' I un Cl/4 hornet th EXEMPTION NO. RE-4639 Section 12-4-fi5 RED. N0. 3602323 Found No.6 Reber (Length 012-4)r1 p 31/d us Alain. 4'^ Maned Shawn Bela.. 53 GENERAL NOTES: LEGEND: • 1. BASED UPON THE USDA SOIL CONSERVATION SERVICE MAP,PANEL#16: EXISTING PROPERTY BOUNDARY(RE-4278) WELD COUNTY,COLORADO SOUTHERN PART,THIS PROPERTY PROPOSED LOT UNE - - CONTAINS SOIL TYPES 47&57. N FUTURE LOT LINE(ASSUME 2016 RE SPLIT) - - EXISTING DRAINAGE WAY(APPROXIMATE LOCATION) -••-••--•---- 2. BASED UPON THE NATIONAL FLOOD INSURANCE PROGRAM-FEMA MAP: WELD COUNTY,COLORADO UNINCORPORATED AREAS PANEL 775 OF 1075,THIS PROPERTY IS IN ZONE C-AREAS OF MINIMAL FLOODING. J &J FARM PROPERTIES, LLC 0 150 300 CIVIL RESOURCES,LLC DATE: FIGURE: 2-LOT ( IN FEET ) November 2010 1 RECORDED EXEMPTION MAP • . CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD Land Title Order No.: JJFarms The Land Title Guarantee Company TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. Legal Description: Lot B of Recorded Exemption No. 1055-12-1 RE4278, as recorded April 5, 2006 at Reception No. 3376757, being a portion of the Northeast Quarter of Section 12, Township 4 North, Range 65 West, of the 6th p.m., County of Weld, State of Colorado. CONVEYANCES (if none appear, so state): ✓teception No. 1500704 , Book 579 //'Reception No. 1603409 , Book 681 `Reception No. 1674961 , Book 753 j—Reception No. 1709405 , Book 787 i—Reception No. 3376757 t-Reception No. 3563747 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 construed as an Abstract of Title, nor an opinion of Title, nor a guarantee Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee paid for this Certificate. It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by its proper officer this 15`h day of November, 2010 at 5:00 o'clock P.M. LAND TITLE GUARANTEE COMPANY • By: Kerri Allison Title Examiner t • it .1 � I �il / L =k' j C / i ' ty. / 8 MAR ' 1967/ l 3 0-. cm �' • Recorded at...: o'clock . >f J: �_--_ l rw 5'79 Reception No .1511O7()'1- A1f rose Recut der. ^'am KNOW Al.l, MEN R•' 1'Itl ;t PRESENTS.SENTS 'Plat WILSON G. ELLIOTT and DOROTHY M. ELLIOTT of the County of Washington. .and State of$ltxxix Indiana 1 S • • I for the consideration of OTP:ER CONSDELWION and TEN (Other and $10.00)--Dollars in jointtpnan , % o Cr • in hand paid,hereby sell and conve)/Th iie9 VIEF.`iAUS, LaVERNE F. `i IbYliJ.US and ROGER , ALLEN VIMalalS, as joint tenant g of the County o1 weld an State of Colorado, the following real property. situate in the County of Weld ' O o and State of Colorado, to-wit: The Northeast Quarter (NEI) of Section Twelve (12), rIn -i '"owns n our (4) North Range Sixty-five (65) West of the 6th P.M.: EXCEPT i p e.. thhat �'., 41,(�g, acre D rcel hereof describd a55• x nnin at the East'. corner , • o-r o1' said Section 122; thence West along the Sputi line of said NEt distance F -4, of 2633.57 feet to the SW corner of said NEt; thence North 10 1 J 30 West i o- along the West line of said NET, a distance of 673.17 feet to a point on the Westerly bank of the Bohlender ateral ditch- thece along said Westerly bank { -� by the, following courses and distances: •South 19° 21' 30 East 74.15 feet; • - o South 48 1' 30" East 313.39 feet; South 39 05' East 1 9. 3 feet to a point C1 which is 247.5 feet North of the South line of spid NE}• thence East and o parallel tote South line, a distance of 2265.34 feet to a point on tho East I line of said NE}; thence South 1O 11' 30" East along said East line, a dis- t , 'ca noe of 247.5 feet to the point of beginning; EXCEPT the East 40 feet for j # pp Colorado Highway No. 37 right-of-way; ¢ ; , m ... Together with 26.66 shame of Farmers Reservoir and Irrigation Company and is veyancin€of the rights, howsoever raevldonceo, ed and or appurtenantathereto nd water con- I w ' � therewith;rights) Sub• ject to and with covenant ruining with this land, hereby conveyyed, that I nothing of a permanent nature will be built on the southern edge of the land hereby conveyed, c.z within 150 feet of the 16.46 acre exeeptea parcel above v excepted. d hick excepted land was conveyed t ChurleS_W. Eastaop,by that certain dee� recorded d irpWeld County records as No. 149615j, a as 0 forth r in thhaa3t deed No.K1496153; and herein 1 oil, gas an" mineralsnthereing,rannddowithrightfto prospectffor, mine hand i�= remove same; and .Y (intending hereby to convey in joint tenancy) i with all its anpurlenincea,:rod warrant the title to the ame,subject to: 1967 taxes' lev1,3 and re- 1 i quirements of: No. Colo. Water Consv. Dist. , west Greeley Soil Cons. Dist. 1.,.� La Salle Fire Prot. Dist., Central Weld Water Dist., Central Colo. Water ni*t . • Weld Co. subdivision and ^*ale park regulations as recorded as Nos. 1.4x4224-,N,1 n 1/2 of all oil gas and minerals reserved in deed in Book 1110 at Page 33,W.C.Ii1 r . existings rights-of-way for ditches and roads; 1/4 of all oil, gas and minerals reserved above by grantors. I • Signed and delivered this 25th day of ,,''!!�p February �� -�/ ,A.D. 1967 67 , ' _ _ �W �Cs.(-Ub"' (SEAL) I , '1 (W lso G. Elliott) ,,yn.-Irf ll.• 1 [9u JNtll kf Y.._ �ni. .�i.a (SEAL) >" O.''�y d��i (Doroth E. Elliott)• SPATE OF .PH _. .. COUNTS' OE ' ss' .• _ . W w: +GTLN q L f The foregoing instrument was acknnwledgell behr('nit thi. d�. Flay if February._... .. I 1967 . by Wilson G. Elliott and Dorothy M. Elliott WITNESS my hand and official,/ -anal , 11 dl J >h commission tcpirr. 7- - 70 _ w b y J , %fi 'w mat S: wa nleriir ll . . "r .> . 1 vt name n ,e. .� executor. n ,.y in lint ,e .I„,n 1 .oµq,.;� W TAA� or it _ ”int 'manic-pal ,.1 nnpor.ti,n,then h,n u.mcat.n.I,„ilia..t oilmen..:,.hie tot•bent,n.nlvr Hiatt.„1.ud.unnorAre,Wn'"" inn it.- - S'1'ATI:TOK1' A4.K NO\1'LEDGM ENT,SESSION 1927- s \P R A\'TY DEED Svnat n Form " , - • - '.. 3+ d . ; ' ' t ° 1f'. . • . �j S ' /� 111972 . -a�o'cloelL0 .M. DEC = i , Recorded at. ""' 4 'C MN svnvt fcecordtt. O ' i a t L* 6SI ,D D._?_ , u tan all Men ffg *ear feeaeata. That x..W-e.,_ ALFRED VIRFEAUSiLaVERNE P. VIEYEAUR and ROGER AT1',EN VILvaellO P ;, ti. 14 I k . whose address Is.. 1.ErBSS_.....___._.__ -. i Weld end State of Colorado for the I ii,.:/ County of g , o+ other valuable consideration and consideration of • f _ -Daliata, o TEL.Nxt0...A91104 n DALE T. JENNER and RUTH ,IENNER,...&.e • ` ED in hand paid,hereby sell(s)and rnnvey(s)to ' Joint Tenants '+ r .•,t is Salle.._....._._. ._._.._...._.._......__.._ .� r s m whose address le • • a r, v ' •.r Weld ----and the State of ._Col(leads) the e County ot.... ._.._. reel County and Slate of Colorado. P {� { ca- r' of WELD .. #' 1 6 °• (o�°'ni"g property 4 North, o ?. n c Wit:. All that part of the NE 1/4 of Section 12, Township o r a. c Binge 65 West of the 6th P.M., more particularly described as follows geg;,ir,ing at the Southeast Cornerr of saideNE 1/4.7 thence•e alonnggctheort �u ' ae East line of said NE 1/4 North 1011'30" n , ti 880P5'µ7" West 1186.82 feet; thence North 111.24 feet; thence East '-�t '' 290.40 feet; thence North 150.00 feet; thence West 290.40 feet; thenc U ,•• point thence continuing North 242.00 feet to the true229.11 of beginning; y.6 feet P '` u North 528.90 feet; thence East feet; thence North 1275• to the North line of said Northeast Quarter; thence NW ceralongfsaiddNorth/ -il!.t line North 89°55'30" West 1730.42 f East d9N3.1/ +�, thence along the Vest line of said NE 1/4 South 1018'30"c1 Y-r feet to the Northerly lrecordst f saidain el rded along said Nor- , ,?'-. Reception No. 1496153.. East 74.15 feet; - ' therly line the following courses: South 30" t �.: thence South 48°21'30" East 313.39 feet; thence South 39°05'00" East 189.83 feet; thence East 49.01 feet; thence leaving said Northerly - line North 42°41'27" West 586.37 feet; thence North 1018'30" West F �i-M 107.03 feet; thence East 1060.90 feet; thence North 54.00 feet; thenc Ay ' East 367.91 feet more or less to the true point of beginning; togethe ,i t; with fifteen (15) shares of the capital(3) shares oftock °f the Bohlender Latee Farmers ral ` a y•' and Irrigation Company and three (3) Company; 1 -.2,111;,,i ' 1 . r the title to the same,subject tD .Drevi°ue reeervatio with all s appurtenances and.unmet() of an undivided a3/4rm of all oil, gas and other minerals; to inclusion • within....Naxttesn_.Coloxaado-Laiax-Coasss�en0yg-IIisirio�.p..liest..Gneeley F Soil Conservation District; LaSalle Fire Protection District; Central W 1d. Y ter_.Di-atrict4.1972_ tear-1972 Y irrigation ditches as presently established t` signed this ._11th.__._.._.._.._.._.._._.._.._......my oL....__...Dumb.er A.D.19....72 + y le the Presence of 1 .. ..2i1L- }: 1...� f....d.. : Stoic Documentary G �f/tmn.�l�' ,f F "_.� ) " `15aie - e le Q�Cf, ... .3_..:-_ �" ._. get ' Ten e assn STATE OF 'OLO1ADO, ) to The foregoing instrument was acknowledged before me this County of Weld. f 11th...day of December 19.._7 , by 9— ..VIEFNAUS, LQVERNE..�?.....Y.ITallAUS...and.21)Q1,I' O1i;Eli;.Yl you as.... _ ►use•...... �� i Witjt>E}f•MTilis14}hd Offielianten -I^n [vice. L ✓ Y� ..... f l i 610 Mt eoEts+iep19p)!r%1t!1 Nova L..-s9,4975 ,21 a NRury poi, BOA > G e . fdre. �// �� pP// Fu f ••.. i.to.i /0'1.X..-...,�TG_. .4iZ' ,6il .... '' ... t _ �•_v__1,______-----,--------- r tie` :' — __ .._! L.. .•, , .. WARRANTY DEED—eT.+u+wv room row PHOTOGRAPH c eaceaR 01. { . t S ' k 1 ` r , ;. q, L 641 Y •S !• f p•_ 4Y �kl :1?-,.- )t t;. • r ,.. •',Z ..1. 1 1 7d6r4- It'• i, , I ' ; •• 1 2' p tit r t.6 ' . , ' _°i { r Iii { (t, _ 5 1 Y - j t i � ! '&e � '+ �.2 t t � f•ii, i"i. ��LLS ? � � + �''� � ' 1 t� 1 rail' 1 i` 4 _ — ^ i _'__. "�-i1 a:� `` ' ',I f' -� Mkt 3;r.'4 t::4 ,1'{ t `j , • t dy t + i �..i i$1�dF y i0I 11'04 •I t0 i At - t1 ' i - : k;e 1 ire 4' ,t i {tii1 _ k�• Tr 3 t f; r '� 1 , t,. 6•'62) ♦ . ( � 1 t • I It '0i . 'i ' '� 1 - ' Or I t'', f r , , t c Kim Recorded et I ' _..nano..!` W., _. .. il0218..131fi I } c? ,u 'kE 1 FILING BIACF ' • , t " — 4; I Tins DEED, tadr this 15th any o' Nove9Scr v _. State Documentary Fee - I ' sty: t 1075 .between Dale T. Jenner end Ruth Jenner NOV1 o 1975 ~ I .1 0' (husband and wife) Dote Y ' ' ef the County of Weld end RMb,cf I 1 i, ?5 r' .. • , er Colensde,oftheflntpart,and Jack A. flack and Opal H. Hack (husband and wife) > .~p 1 the Ce®ty of Weld Pad State of Colorado,of the seed part: • e : i N %r sn Pats f[,That the Paid party of tiro tint park for sad to esoeSdmttle of the Pam ot One hundred r t Seventeen Thousand Five Hundred and no/100 ($117,500.00) DOLLARS, s • te the meld party of the tint part In ham,paid by the said party of the second part,the nedpt whereof At baths °Ir.,- el eoofnced and Imbenakdeed.bas granted,bargained. sold and conveyed,and by these presents does greet.bargain, .>• I'' P sell.convey and confirm,ante the said party of the attend pert,his heirs and taigas former,all the followW P -_ ; i l C elserlhad let ter perm: of land,Stasis,bier and WM'to the 0 Coney at Weld and State 1 Cokrado,town: - i - i .G6 All that part of the NEk of Section 12, Township 4 North, Range 65 West of the P € � +i t� 6th P.M., WELD canny, COLORADO, more particularly described as follows: i ° r c Beginning at the Southeast Corner of said NEts; t thence along th8 East line of said NEh North I°11'30' West 303.75 feet; z ? thence North 88 25'47" West 1186.82 feet; t � , f thence North 111.24 feet; 11 el thence East 290.40 feet; thence North 150.00 feet; thence West 290.40 feet; : Ir e 7r .in.:;) - w, thence North 242.00 feet to the true point of beginning; thence continuing North 528.90 feet; .≥ f ik thence East 229,11 feet; t I. thence North 1275.46 feet to the North line of said NEi ; y≥I thence along said North line North 89 55'30" West 1730.42 feet to the NW corner of said NEI1; ' thence along the West line of said NEI South 1°18'30" East 1973.58 feet to - S '-, the Northerly line of that certain parcel recorded in Book 574 as Reception No. •r,? 1496153, records of said County; be l thence gong said Northerly line the folloiwng courses; t k4. k': South 19 21'30" East 74.15 feet; thence South 48°21'30" East 313.39 feet; { thence South 39°05'00" East 189.83 feet; + i thence East 49.01 feet; f . j •.:. thence leavingosaid Northerly line North 42°41'27" West 586.37 feet; ' thence North 1-18'30" West 107.03 feet; p thence East 1060.90 feet; ' - 1 thence North 54.00 feet; fit_ thence East 367.91 feet more or less to the true point of beginning; I $$..w together with all water and ditch rights pertaining to said property, but not :I ' necessarily limited to the folloiwng: Fifteen (15) shares of the capital stock ' t3 of the Farmers Reservoir and Irrigation Company and three (3) shares of the I. Bohlender Lateral Company; and all mineral rights owned by the Seller. k` t it )'II • ;1 S f7 e 'r• Ai, , { r' • 31i,[,1 r F ' y" 1 , t. '71�z' s a _ 'r 31, kf , . • *, t - e. - r ..,r 9J C t. r 1 < . it i . ,r •I-. � '^ A•f,��yjw, $� e � zT i e-I i , 1 , f ,, ' d . a 2 _'— far° : 1 a it: nr.- thereto belonging, m is an,Wine f.11:;..! - t � .�*: TOCETTIRR with all and ainguler the aaedibmanb sad appurlaenea ` . i epperWnbr,eel the reversion and reversions",n.^rind,.r end remainders,rents,In.end profits thereof;and all e�d the eaiste, right,title, interest,claim and demand whabneeer of the said party of the fired part, either In law k remien,with the heredltamente sad ap)ertenanue. ' c i '�Ya or epoit7,of,in and to the HOLD the said pre D r ; i TO HAVE AND TO HOLD said premises above bearded and dammed,with the aPPoRanaaca.onto ea , t a - said party of the second part,his hairs and saigns forever.And the said party of the find part,for himself,his heirs, • -ti�' y;. executors,sad administrators,don amenant,rivet,bargain.and acres to and.with the aid pad'of the mend part, v hie hers and andans,gist et the time of the ensallng and delivery of then presets,be is well eased of the premises t8 3 _ A above conveyed,sit of good,ax,perfect,absolute and ladefeasible estate of Irheritane,to law,in fee simple,and s has god right,full power and lawful authority to grant,bargain,Jell sad convey the same in meaner and form a C ., rat f s' aforesaid, and Chet the same are free and clear from all former and other grants, bargains, Sala, liens, tam, = ' f _S neesem az and encumbrance of whatever kind or nature maven except any lien arising by t � reason of assessments and property taxes, all applicable covenants, districts, ' I e"+1patent and mineral reservations, rights-of-way, .; i .i- �,t easements, restrictions, tig water courses and reservations, if any, and also subject to a Deed of Trust ,_. 1,", from Dale T. Jenner and Ruth Jenner to the Public Trustee of Weld County, Colo., _ 11 � for the use of Alfred Viefhays and l.e4erne F. Viefha»s, to secure $80,000.00 � 1 •1y dated Dec. 11, 1972, recorded Dec. 11, 1972 in Book 681 as Reception No. 1603410 Weld Co *,a e ,4 and the ahoy*bargained probes In the quiet and peaceable Dorasfon of ea said pat,of the sexed Dart,his bein Records �,•' a *reclaim data the whole or any Dart thereof,the -1 "'''',4 r i and edge against all and eery pewom or persons lawful'?claiming { d, .q said party of the first part shell and will WARRANT AND FOREVER DEFEND.The singular ember shall include the plural,the plural the singular,and the use of any gender shell be applicable to all Amen- a ₹ § IN WITNESS WHEREOF,the said party of the first pert he hereunto set his hand and sal the day and year r! 1' first above'written. f 1 ',� V [HEAL] .4041,1"...."7 1 �P b —_ ale T. Je-finerr Humbled „" 1 j /7 T, Ruth •Jent , / SEAL [ t 3 . 4l Boulder •, S ;. t,e� "'�.�� S'�` d yof November n ,, j ,„:,t .M I wt.o+.. •s et was acknowledged before IDstLie a `f s. V��j��, m'�.'tJenner and Ruth Jenner, Husband and Rife i a13 �A4f ? r x.1e d� .19(B.Witoan rev band*red official sit. { ".E Mils?,?shah ? f 3 No.11ZA. waaaaxyy DECD.—Tor rseYY Peb a...a M—Bnerd Publishing N Co.nere cove wN t hand.D�wr.OeI >—t-1e « 'q s wi' die , t } - 1 :� �` ✓ • r '7 t , ' M77 a, 'sir r u,... n J''7094OS _ : n.Y ¢ ,,rd„. . It . . _ .CY,IC : A. IAcii. wife,hoc Air, ll wins,nddre?s it city of Mort icon .. • `+' � • 4Y ..�.L i� 3 - taid Unnnlynf Weld ,State of _ �,�_ - f, __ a� , _— II Colorado , for the consideration of One — + ° aG I 1rnd, r,i Tw.-nty i e Thera ... and 20/rO dollars_in hand paid, hereby eellO5) and convey(s) to w ; N'T P. NELSON and T801-0AF 2. DARRAII as tenants in common • ;C' " thoseaddre=vis 10930 North 05th Street,Longmont said County of I recld or , and State of Colorado the following real property in the , { '�, i II I ,, ,'`¢is t '. I I ,n i h Cnnnty of Weld , and State "f Cninradn, to wit: ' r, I ^C''.^..' All that part of the NEs of Section 12, Township 4 North, Range 65 �•_, R Ir West of the 6th P.M., WEIR COUNTY, COLORADO, more particularly e.: ', } described as follows: _ ' f . i Beginning at the Southeast Corner of said NE*; f •` thence along the East line of said NE} North 1°11'30" West 303.75 feet; a thence North 88'25'47" West 1186.82 feet; ' tit • +z>e thence North 111.24 feet; thence East 290.40 feet; ., a • '' thence North 150.00 feet; t ; '�� thence West 290.40 feet; thence North 242.00 feet to the true point of beginning; thence continuing North 528.90 feet; f �•.;; thence East 229.11 feet; is , thence North 1275.46 feet to the North line of said NE*; thence elong said North line North 89°55'30" West 1730.42 feet to the " P0',%4, NW Corner of said NE-I; t` . -4 1'' thence along the West line of said NE* South 1°18'30" East 1973.58 • � ! feet to the Northerly line of that certain parcel recorded in Book ,:i 574 as Reception No. 1496153, records of said County; thence along said Northerly line the following courses: : . 'H, I ,: South 19°21'30" East 74.15 feet; r -2 ' hence South 48°21'30" East 313.39 feet; V,. .* • s "„ . , —rec.—rec. South 39°05'00" East 189.83 feet; iii ,, , fl,', thence East 49.01 feet; thence leaving said Northerly line North 42°41'27" West 586.37 feet; *pk "p. ,,; s o , 4.1 thence North 1°18'30' West 107.03 feet;• rrir , thence Last 106U.9U feet; P.. , thence North 54.00 feet; " '''• '' .:y. thence East 367.91 feet more or less to the true point of beginning; ' � -# a EXCEPTING therefrom that portion conveyed to the Farmers Reservoir ., ,,A,, :4o- '''l a Irrigation nd igati Company by Deed recorded December 11, 1915, in Book .•S` - ` 4_I is .."1 429 at Page 75, Weld County Records, '` },1 ALSO EXCEPTING therefrom that portion conveyed to Weld County C yP_. ,S: « Colorado by Deed recorded June 7, 1939, in Book 1046 at Page 15, • Weld County Records. s- -,,ii. . Subject to an existing first Deed of Trust from Dale T. Jenner and triers3 "` '' Ruth Jenner to the Public Trustee of the County of Weld for the use tp 9 y ' • of Alfred Vicfhaus and LaVerne F. Vicfhaus, to secure $80,000.00 dated h' 't /q December 11, 1972 and recorded on December 11, 1972, in Book 681 as j Rec:eption No. 1603470, Weld County Records, which the grantees agree r� 4:1 ' E":.d to .-ssume and pay. )41 y .'. Form No.C•"ti , 1 ii '''''‘...-i' � tai: w, 3 { l 'y fat .. ,,s,,, � ,. T n 4 • • t ? 1 , ., } , tA r { e e 4, te , tj �' I • , t 11., z r : 7. y if. I' — tud¢._.� ' . � I k rii t 1 '4' 787 J 709405 ' Pfl(r" 'Fl I ; F, : € 41 �, : d Together with all water and ditch rights pertaining to said property, .S but not necessarily limited to the following: Fifteen (15) shares :3 i;l , � g,iii; of the capital stock of the Farmers Reservoir and Irrigation _ ., ac-,p, p . Company and three (3) shares of the Bohlender Lateral Company. � c ., , With all its appurtenances. and �carrant(s) the title to Lhe same, subject to general taxes for ri> SN,A lI 1977, due and payable in 1978, which grantee agrees to assume and 1 z 1: it l H pay and all subsequent years; further subject to reservations, j ,' S *',ii ji easements, and rights of way of record or in use, if 1 a t Y restrictions, " :) ry- 6 r any. Also, subject to any mineral reservations.oil and gas rights, .- s-� yrf"1 water rights, ditch or canal rights, or any electrical rights o li + 4, b',4 ]. either of record or in use, if an //9 � t it way, day of auj•;• G- ,1972 . // V i fl i Signed this 14th 1 ( I /& AflaLS ft i t l' . h,.....,,..:, STATF,OF COLORADO. o al M. Hack, wife l :ri 1 1sL ' etF �� County of Boulder 1 U?r i ' Oro The foregoing instrument was acknowledged before me this 14th J; n ,J I, 41 ! .1977 .by Jack A. Hack, Husband and Opal M. Hack, yg 4 :1 day of January $^r t r Wife, '5. _ yzi 1;3 de d ' .r�-- ) }wl i My commission expires September 13, 1980 f Witness my hand and official sal. ✓ !cs , VlUr p�ryw. ,. ; t aI .-iii `rlV. • I t, �xl X' — _ 0.a ho Bf]. __ ,u,. * 7g, _ 7rs �r .' 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U cc _ z_f 8380 00.008 2p Z ho t• namP� ^R 3v ?_ 0 w wyN 8� �� 14 }g off' o z , ;a, W W j '� 321E V >xi LL 61.8 50600.59 - 38 / $ I 1t C Q I ,,,os , ‘. e �. 66 X til yx ® :, - % S i ni it as 1;i2 e_ e , P W et7F 3 a :i 13;1 •1:51 a o 2LL ) L taE r �` €r:, 1Eio :ii%9e J€ w w� O f /� ��lhi O t i v n 3 ' � e . J .. F ", E E g t s^ ^ JY Q z e e ma ti t1 - d �i E� 8 O g ti a ifo.�l pai ¢` ui a q �'-f xw zrrew iooe sr m..,, - Z Q ?— 1111111111111111111 III 111111111111 III 11111 II11111i• 3563747 06/30/2008 02:01P Weld County, CO 1 of 1 R 6.00 D 0.00 Steve Moreno Clerk 8 Recorder 1j BARGAIN AND SALE DEED KNOW ALL MEN BY THESE PRESENTS, that Kent P. Nelson and Thomas J. Darrah, for the consideration of TEN DOLLARS AND OTHER VALUABLE CONSIDERATION, in hand paid, hereby sell and convey to J & J Farm Properties, LLC, a Colorado limited liability company, whose legal address is 314 Grant Street, Longmont, CO 80501, the following real property situate in the County of Weld, and State of Colorado, to wit: Lot B of Recorded Exemption No. 1055-12-1 RE4278, as recorded April 5, 2006, at Reception No. 3376757, Weld County Records, County of Weld, State of Colorado, being a portion of the NEW of Section 12,Township 4 North, Range 65 West, 6t°PM. with all its appurtenances. ACTUAL CONSIDERATION LESS THAN $100.00 %in 22 Kent P. Nelson 72-71-riteL7 ©CuA-L— Thomas J. Dar STATE OF COLORADO ) SS. COUNTY OF BOULDER The foregoing instrument was acknowledged before me this n26 'day of 1 ,nP , 2008 by Kent P. Nelson and Thomas J. Darrah. My commission expires: S/ S J 2.Ut CJ Witness my hand and official seal. / j `o ,.' ........10. Notary Public c) ! OTARy ? PUBLIC /O • aWes CENTRAL WELD COUNTY WATER DISTRICT November 30,2010 Mickey Leyba-Farnsworth Civil Resources, LLC PO Box 680 Frederick,CO 80530 RE: Can Serve- Water Service for J&J Farms Dear Mickey: This letter is in response to a request for water service to serve the following property described as follows: Part NE %, Section 12,Township 4 North, Range 65 West, Weld County,Colorado Water service can be made available to the above described property provided all requirements of Central Weld County Water District, Northern Colorado Water Conservancy District and the U. S. Bureau of Reclamation are satisfied. Central Weld County Water District will require that Tap Assignments be consummated prior to the setting of a tap or this letter shall become null and void unless extended in writing by the District. Subdivisions requiring 10 or more taps will be required to purchase and transfer raw water prior to District approval. Please note that you are responsible for confirming that this property has met the requirements of Northern Colorado Water Conservancy District and the Bureau of Reclamation. To do this, you may contact Marilyn Conley with Northern Colorado Water Conservancy District at 970.532.7700. Central Weld cannot issue a tap until all requirements are satisfied. A review of the District's system in this water service area will need to be done prior to water taps being sold. Due to the rapid cost increase of raw water, existing tap fees may not apply for water service to this property. The District will not notify, by separate letter,any prospective landowners or land purchasers of tap fee or line extension cost increases. The cost of a tap fee and/or line extension will have to be paid in advance to the District by the prospective customer in accordance with District policy within one (1) year from the date of this letter It is your responsibility to confirm with your local Fire Protection Authority if fire flow water capacity is required for your project. Sincerely, CENTRAL RA WELD COUNTY WATER DISTRICT 111tS88hhhnnn W. Zadel, eral Manager JWZ/jr 2235 2"d Avenue •Greeley,Colorado 80631 • Phone(970) 352-1284 •Fax(970)353-5865 John W.Zadel,General Manager • , Sewage Disposal Statement For a Portion of the Northeast Quarter of Section 12, Township 4 North, Range 658 West of the 6th P.M., County of Weld, State of Colorado Existing Lot B RE-4278 currently has no existing sewage disposal system. Future construction on proposed Lots A and B shall be required to install an ISDS permitted through the Weld County Department of Public Health and Environment. .�_ i uiiii 111111 III iiiii III 11111 uii • 3563747 06/30/2008 02:01P Weld County, CO 1 of 1 R 6.00 D 0.00 Steve Moreno Clerk& Recorder 1j BARGAIN AND SALE DEED KNOW ALL MEN BY THESE PRESENTS, that Kent P. Nelson and Thomas J. Darrah, for the consideration of TEN DOLLARS AND OTHER VALUABLE CONSIDERATION, in hand paid, hereby sell and convey to J & J Farm Properties, LLC, a Colorado limited liability company, whose legal address is 314 Grant Street, Longmont, CO 80501, the following real property situate in the County of Weld, and State of Colorado, to wit: Lot B of Recorded Exemption No. 1055-12-1 RE4278, as recorded April 5,2006, at Reception No. 3376757, Weld County Records, County of Weld, State of Colorado, being a portion of the NE''% of Section 12,Township 4 North, Range 65 West, 6`" PM. with all its appurtenances. ACTUAL CONSIDERATION LESS THAN $100.00 /7/711n 2hZen Kent P. Nelson eL7 Da,v•L— Thomas J. Dar STATE OF COLORADO SS. COUNTY OF BOULDER The foregoing instrument was acknowledged before me this '24)14'day of , 2008 by Kent P. Nelson and Thomas J. Darrah. My commission expires: 5/ S i 2-O1(-) Witness my hand and official seal. (� �� oP"iiC��Y ILL r r�c CQc f0 t Notary Public 37. O NOTARk m ; CP PUBLIC O =f : O ` "" CO- Hello