The URL can be used to link to this page

Browse Search

Home My WebLink About20103125.tiff a .Egz b•y 4 s 3§ €€ 3 TB a II las z,, gd $c Jfl a € €yEai'zz ;ag 3 ga�a $s �^ £31 $ d= sa₹ i— g3eai 3 $ f ]' $ eg6c, s3 58 3i 28si aE afe3 t8,, till $ aa_ s i S€ 88 • a §- s a5is; a €gg $ Ea°€ - g €a id€ a R asi82 ; g "s � s 3 { a $€ j8$ `Eg ai, 3€3 :3 �a9i 3cs 39"sa $3: 3 fj E3 dig ₹� € ;f9 @e $ s l agg j� i 3 3^ ::3ge a3s Z $88 'g n llithi €F I. glit !n fl (�s . t.� "sea $ s € E s € i 35 ≥ ' "x38§ s $x-` a $it; ssF saT5 s sY d � ! £<Edxo 8 1 { cg8s sy € 3 a s g s 2 Es}} ; "gyp : 331 Qsd ' s I €� sga a ; 1 "agsa a €}ied it I - . s F i. ° g3 I^ A} gg 1. 3I c H, rW€ 'ie° 4's YE 6 L? i -asz €s" z N o 1234 p df l,. 3 es s.1 , € aril s a €g g Orr a�itgg� I 2t a a8 ft Y a - oz< 1y' ;hi ° e t a l si 8 11 a tE fie I s a ig3 ° Ya E'i4 z1111113-221tS P aE i €5 is t "¢ ;.5 ' sa p o o 93 3 -t i e a �i 1°@ !tb£ 3s t; is e e a_$ 3 ; qY I'll a e PI sr sg I€tE-.%ea a s s !I It gT €F5 *. v"fi w p Eg° FF°3 3g 3 _ es' r s • € `fr`x $i $` §₹x98 ° #zaE€ a $Ff�v3e $_�E % 3 as s 1 w N u '- €{ Isis 4 °a !H a'Se h xs !€ a i`d °81y `1 it tip' 3 tp3iL eg s W § g1 i ,q.43 s €ai \g . I�9 /^� o ° €a s ° e �P p 12 ;t g SS ;E s I ex s 1s sit est EIts a pi !r t e 3. ISO 2 6 03_ a s`" 11. ; P a g x O g 3; i4 3 3 Lin 'O4 9 a- €3 � g$ .- a.. a' e a E �¢gg sE .NI !MVP 3P$- $ S� `n. �a o 8 �. -� w w a k3 s ' olt3& brit a a ,4° 3 as ilk g" - s4 mg3 3 €` $ s—ii.FFgs1� 3 $s ° t PI! s $g g a is g !Siss� . ell . f-xa $a 8=e a u 7 t h I si a 3 aI § a€3 1 o £ € ,. a';• P 3a 6 .1 2. .. t . a; g st y g sa . Q�" as PR g 1 o $ �a =. !Kitt § 3s 3�y 3€ i 3 -I es €g ₹ St 93$axaa $'�8 5$gis ;32 96[shia Sas zg ifl s€s ; it I 1 aVo �, s £ °u `e a p E 8a i€ t a3 a a s gg€€ 1e 1°s s ;I i$ o g€ 3= ol a z€ eg s g •;.+ 3 Pc a $ e a II t a€ —} Cfow V ; ' °a e a P I IPlilNI hall &g 3€ r !till8 , gals 3a FE " ng§` d ; Ya g ! Sags is3till $ 3i tia 5 $ I $ a 'x a s1 sE5 ! wG3 6 5ys 1i °zz pp et sae g Fax€ I; € i i 3 a y¢ s g ysa ; 3 $ g `E _ t s°- . 3U(47) 3 syyy 1. i;€'e 3 F .4 ! 181 . 8 3s xfi 3 i. hit ggi r gdI keg ;ill; Y ,gag $Figie `ig E jc nni lilt a 1. itg £_9 e g.g. i D5 ig § $ 9 ¢1 i K .?W O 4 6 as a 2”;;;.3Phi a at, aF a$ B stye G R � 3 ~3gbg93 gIIFB₹₹g a €a� F$Ep 'gs F 4& � E I Ed 3k €E B g S a - 3 38 1104 =s Ili pa 33 a a 8 z ; 321 ; e aa` qga e7a 5 vg) s5x 38 ;`3 tha Eg2 ₹€ f; ₹ dta gaitHUIJIlI tE f €gtalF,$ ga iiiI igm . o I. tii.2 cg gt 111 ifi Eg § € &'adw g3 aR_; i s8 > 2331 ; 1ft a1; 5< sy €$€ at, E9y i9x$ex3 g g§g 111! [gF I _a1O a 3' g eF °s < s€ vk aE £ aF H x aF 3 a� Eig ®� aEf. lE; s IzS ga io 338 8sx tg- € —Li -A e' a° E°a ° kg't ; aq -aZ : o € — e a1__ a a9i na #,_ mhs a3 :HI ;g _ _ _da _ "a r at€.2. l . .a2 . se F z o a. aoa O Oz at° './ 0,-. Ei �1 low ocr aoi w aa aQw ew° o 1,i r s C O ° i e� � n I ,Ift� _S ..."$"^ ,g : i ; ;j 1 vg.F .: x` ° �m '� $ "' YI . ¢ .;g$ 1x:.21 g; a a g € E °'° V ` ; s;i ;� 5Ys$ °., _.,?..224„, „_ .J.$5! s 8 9$sg Sg a s..- $ E o N z LE ISE$�$ 3(9 €. tstst ;[si3 g. gib ; ,$ s &; s a ,f z L,_,-W ii 3g �at g ;g'9.as LI- 8,81 a9i both € b .3E .I is g r16 g2,_.:', rc Oo w o a€ -as}'{@28 g sa_A E fie£ Y ! O8 `` 1 �_ °a ; G ° ,. Jcn� a {5e`v Ya; 9a a ii& r sag 3'' .a .- _ u s a•i• u ? Z s .4- `0� III w i'AF33 gala _a3s agt31xa;8 g 1.0; $ € F € �� n ' ' Q F°F is 323152€S. s3x5a 11O,2asapg$ E• €r =`aE a a s '; $ w € -i. p .-s� g- am rn w� $s €€ggig8` t$€3 sm$iass5!11 .8x as E °8—. c R o "Is' a • ` ..- Qz 3g ;z3osis -;2215,02.,2t$ � -9, 5a$ Eo 6 $s5 0 8¢ v r : ig m .. — $_ . ..� �/ 0 w D m a 1Y-Ri@y sir i3s sa sz aE' 8 3 as E id a€ E ]i i yy F O 0 a$ 5 211$: $aE$gays g3. Ez 1'45$$ 1 0 aril 3 la w II a ₹� .1€ x iQ i. i I a a Y ` !� ✓ tLN y2 8 F• 3�i3a`i$€Sa 3t • F m z go § a s �g l rsat f lao w le'" 3- asyi .fr3tth.E1e; g $giixofre % w Fast s 3 ..,_ s@ c a a „ §€ II zx • aF a Baia ° x iR a• ₹i € F8 E Hi a IA g w o s\ gg $ �_ai f r @g1 nr o- a=s$m$ ex € e g; aiai s gs 9 x ° x = ; % r E`; d 9 C/1� .s.. § mm €• $ 3 $ ;sgFiga3xxgna .; t as - t $ z n = 'a € a $ 2 g li t tiz cc €gfla iia i'a s t 0: a 8 g. k E sE 5a £ `� `$§ a€ -1' '+ . O 0 3s E'ga3$ Y€sxs sRak g g x 3_ o gP 3 ' s k € E: a ze 8 o a U w r3 s, ° w g "PR:•"Ia'33zi`88 Ffi �a$3°s$`g € Y8 xs § 3c 6 r?3 3 9 a 8 3` s H5 i -r -s <_ =ii ex _ xa ; x 0. =aB 3 gn : s y I f— a ;1 rTh /' \\ ��y Irv2l off s / c�� I G\ I'L ub ?cf m °S oI8^3s \ = 514`A4R Ia °Ie ; m 5fk_it / m $ F tRe °N =.g p °�51\'� C'°-'6 orc P . yIes T €! 5 0� a c Ra •8� s`i _ "€ a \�5 8 2: + og 8 '2a tY"a. 8r, j'%, wS e° m Wm o80� ° St..\g^ Iat a € i s₹R x mil m oloa!"L g'. ve. 3v°'LL-- sauuIF_�ewsma s Y n e�` \a-2'6" /� � m "s'R xk 2 %is. 45 sic zsix a.00,00aos_ F.1 S£ 21DM €' it m `fix I� ryr l‘l$ 3$' I _ & i x r�ai iA L _� Sf a0M� �� a M1 SO5x5'Ia'x zw�ws ~ xx W R .6.5 .00 sroz tiet.xs as II ni �x.a.es ^pw e• x ,• al' Em / `m a o y 117". x056 uw % rc a S e moo�ta } s .p R \ $ - a 5 8 - y� a� �.no 5 ss3 \V Bon ---CCC g _^ _ 8I / fk.F- mn .P - H Y g` s ®�;.s\s3« ₹„$� $ a 58.5.- �g OMo 6 8 . / aEoe ere 0 8 .(�.\� A n - � _.At+f 5y141 i^ _ 9 9Ys si Di �� i11; b x ' 1 qw $3 j tl ° .!Till €& €5 fra8 ➢ es z�GM1 8 died II w sag .a. =ca g 5�, rExa 12! V sy 5% B� ..aro< r� i 8-8 _ _ ��0 ..z.,,„,,, §25 +9 �� H 5 - �.H b Em / n € `i� :€" i a vA ° .z5<su .wss.sz.00s 239 w g g e t9 �1 I y \ x \ xr;i \ „„L\ \ . -.7„..:\„, � $ r --- .n '2AV iFag sp if r- R02: �� r l \\�N� `\\'"� _ N— _l/,si '7'2 AV n$Es3i ₹ � s ,ssecsz—— --rass,sz.ass_ a m 8 ° Ile$ $g „st5 w a, ,, T+ „ $� ma m to 1295 a la .ig y m 3y -'s 'ms's.lm$ s's a"ry E'33gta 9! ry(€8�g. Lm Rae y e k I sifitg Igga H _a w ixg %. ill aR a.. Bath„ oan�m .aSg_5Ss8g: }g&+ ti R " 8 81 pag �� -E a oy rig R:8 m e fl t'i Y8 m S emu BmIJ�n w satola�e '^ i? Z 8 \n rve asb g o Y Li b R i I a 121 ssaa s 7 x�z° R- . 9v � co � EP gg Ss gilts!. lq .x wa 9.9 m aa2 In - III !1 33 ayy a W a aeSsi m ai :d3 is N d >w Ian aEg 272 NBrae N=g,� 4i / -'U ugF 8o ank gu _ III Ili a a Eg s3& E.n a Y Ee 9aE =`_F` gf Z g. - 8 F F a. - 5 8` .ad \ — — — avirae _ — — acosonox — — — e G a Y s ; o pp° a 8 Q � / ti i� c € say €y° €['�S! sCIE m q, I I s n . e a f 832 S;s J ' a e Ij„ rve� ��[" a� : p ;s ;3i �3 a �cY; \ `\�\"> �'I\ x u i- E t a g as rota !a5 1 _ J W e, ¢ 5 �a sss c 7sat-, o -2 ge 'a; 2 2 a i� 3 z i^ gs ga-F5'255£p-1292 p ye ge `� -1, _ �^ 'a8 �g e1-g \ m h .3 °Rh °AT€ 1R!$ 8 E _2e _�x E s°aa�g w - It S8 fan 3E Si;3 3 s gym_ .R.Re$�s ; . . . .s. .}i 2323 i . Z i 0 000 00t t OOO a J (\jrii DEPARTMENT OF PLANNING SERVICES IC RECORDED EXEMPTION ADMINISTRATIVE REVIEW COLORADO Applicant: Ogilvy Irrigating and Land RE-5061 Planner: Kim Ogle Company Legal Part of E2 Section 23; Part of SW4 Section 24; Part of NW4 Section 25 and Description: Part of NE4 Section 26 T6N, R66W of the 6'" P.M., Weld County, CO Parcel ID#: 0805-25-2-00-005 Lot A Size: 19.6 +/-acres Lot B Size: 19.7 +/- acres Lot C Size: 132.4 +/-acres +/-acres Water Proposed North Weld County Sewer System: Proposed ISDS Septic Source: Water District 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 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. • 7(;- �/ `� • 2. Prior to recording the plat: A. The applicant shall submit a proposed building envelope(s) for Lot _ to the Department of Planning Services for review. Upon approval by the Department of Planning Services, the building envelope shall be delineated on the plat. Additional building envelopes shall be labeled alternative building envelope. All building envelopes shall take into consideration impacts to productive farm ground as well as the location of incompatible uses, flood plain, ditches, wetlands, geological hazards, accesses, preferable locations, oil/gas easements and oil/gas structures which must meet setbacks as required by Section 23-6-10 of the Weld County Code. B. The plat shall be titled: Recorded Exemption No 0805-23-1 RE-5061 C. The applicant shall complete a Weld County Access Permit. If a drainage culvert is required the County shall size your drainage culvert, width and location of your Access point. Contact Public Works Traffic Engineer. D. The applicant shall utilize the existing agricultural / oil and gas / ditch road access points necessary for agricultural operations as no additional accesses shall be granted. E. The applicant shall submit to the Weld County Department of Planning Services a recorded copy of any agreement signed by all of the owners of the property crossed by the access. The easement shall be graded and drained to provide all weather access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number. F. 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. G. County Road 66 is designated on the Weld County Road Classification Plan as a local paved road, which requires 60 feet of right-of-way at full build out. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. H. County Road 35 is designated on the Weld County Road Classification Plan as an arterial road, which requires 140 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. An additional 40 feet shall be delineated on the plat as future County Road 35 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. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. All vehicles located on the property must be operational with current license plates, or be screened from all adjacent properties and public rights of way, or be removed from the property. All other items considered to be part of a noncommercial junkyard must also be removed from the property or screened from adjacent properties and public rights-of-way. J. Lots A and B shall comply with the one (1) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include reserved road right-of-way. K. Lot C shall comply with the one-hundred twenty (120) acre net minimum lot size required by Section 24-8-20.C.2 of the Weld County Code. Net acreage calculations should not include reserved road right-of-way. L. 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 and Lot B are not eligible for a future land exemption in accordance with Section 24-8-20.C.2 of the Weld County Code. 4) All structures requiring building permits shall be located within the designated building envelope. 5) WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY DESIGNATION. Please be advised that owners of Lots B and C may not be able to obtain building permits to construct structures. All construction or improvements occurring in the floodplain as delineated on Federal Emergency Management Agency FIRM Community Panel Map #080266-0607C dated September 28, 1982, shall comply with the Flood Hazard Overlay District requirements of Chapter 23, Article V, Division 3 of the Weld County Code and all applicable FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. 6) Flood hazard development permits will be required for development activities located within the FEMA mapped Seeley Lake Floodplain. At such time as the owner proposes to construct any type of building or place fill within the FEMA designated floodplain, a FHDP will be required showing that the proposed activity is not located within the floodway (Planning Policy No. 2010-07). Additionally, the FHDP application must show that the development activity is in compliance with all floodplain regulations in effect at the time of application. 7) The installation of any septic system within the 100-year floodplain shall comply with the Weld County I.S.D.S. Floodplain Policy. In accordance with the State of Colorado I.S.D.S. Regulations, no septic system shall be installed within the floodway. • • 8) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 9) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots A, B and C have an adequate water supply of sufficient quality, quantity and dependability. 10) Prior to the release of building permit, the applicant shall submit evidence of approval from the Eaton Fire Protection District to the Weld County Building Department. 11) 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. 12) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29- 1-20 and Section 29-3-20.B.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 13) Any disturbance of wetlands shall require the applicant to contact the Army Corps of Engineers for permits pursuant to Section 404 of the Clean Water Act. 14) 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) 15) 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) 16) Prior to the release of building permits on Lot A, B or C, the Lot owner shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sanitary sewer line. In accordance with the Weld County Code, if a sewer line exists within four hundred (400)feet of the property line and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. 17) 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. 3. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. 4. 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. 5. 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 maps@co.weld.co.us. 6. 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. By *RAI f^ Date November 29, 2010 Kim O n Planner c, APPLICATION FLOW SHEET G COLORADO APPLICANT: Ogilivy Irrigating & Land Company do Robb Casseday CASE #: RE-5061 REQUEST: Three-Lot recorded Exemption LEGAL: Parts Section 23, 24, 25 and 26 T6N, R66W LOCATION: North of and adjacent to CR 66; East of and North and South of and adjacent toCR66 PARCEL ID #: 0805-25-2-00-005 ACRES: 171.73 +/- Date By Application Received 10-5-2010 Gathman Application Completed 10-12-2010 Ogle Referrals listed Vicinity map prepared File assembled I �It{Ilii Case logged in computer Letter to applicant mailed Referrals mailed Field check by DPS staff Administrative Review decision:__________, " .1,{1,10 VA Board of County Commissioners hearing (if applicable) Date By County Commissioners Hearing Date Surrounding property owners notified Presentation prepared CC action: CC resolution received I Date Plat recorded and filed Of Mid Overlay Districts Zoning Agricultural MUD Yes No_x_ IGA Yes No x Airport Yes_x_ No Geologic Yes No_x_ Flood Hazard Yes_x Panel#080266 Road Impact x gr_. . 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: Jt_ . �. 20 1=> Receipt No. 1 5 7 1 Received From v Permit Type No. Description Fee 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 ❑CASH CHECK NO. -1» CARD TOTAL FEE ❑CREDIT � > � J � Receipted By. ,/,, (J, „ DL# l `1 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: / , 7 20 Receipt No.1 5 8 4 Received From: , �l 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 r � 6560-RECORDING FEE / ( / 1 ❑CASH fll'HECK NO. iREDIT CARD TOTAL FEE ' _ i Receipted By:/ K // DL# Exp. DEPARTMENT OF PLANNING SERVICES h 1555 N 17th AVE GREELEY, CO 80631 PHONE: (970)353-6100, Ext. 3540 FAX: (970)304-6498 IIDc. COLORADO October 14, 2010 Ogilvy Irrigating & Land Company do Robb Casseday Casseday Creative Designs, LLC 1711 615 Ave, Ste 206 Greeley CO 80634 Subject: RE-5061 - A Recorded Exemption located on a parcel of land described as Parts of Sections 23, 24, 25, and 26, T6N, R66W 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. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Eaton and Greeley Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Eaton and Greeley Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Eaton at 970-454-3338 and Greeley at 970-350-9741, for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. Sincerely, 124 Digitally signed Kristine Ra om Reason: am the author of this document Location:1555 N 17th Ave Date:2010.10.14 09:22:47-06'00' Kim Ogle Planner RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: _ Parcel Number V S 0 5-2 -4- d Q -o D _E (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 rs - , Section.23`;qTbwns b�J/ Q F North, Range 6kWest Has the property been divided from or had divided from it any other property since August 30, 1972? Yes Q No S Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes • No O FEE OWNER(S) OF THE PROPERTY: Name: C&1LL.t--tgEZiQAT -{ L14-14D COAtteMQy Work Phone#q'l0_352-�Uol Home Phone# Email Address___ Address: 2.l__- —`S_ 1utj Flop City/State/Zip Code (. rZ Ejjr r _e c 3L APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany all applications signed by Authorized Agent) Name: �P7sg. L-55Et7M? 4- CA 1/2619,e1/4( Cg- .-A- V _QCSi� �g5 L4L Work Phone#4 _0240 / Home Phone# Email Address 110149 "C1tS � � " OIo9 @ ,14..e.L Address: nil---(R.L " ASE 7_?2 l 20404 City/State/Zip Code_ _6L _r_-- 10103 4- Lot A Lot B Lot C Lot D Smaller Parcel Water Source U„1 M WCW b MWL.w p Type of Sewer '9C-p-r'lc 4'- -F-rlc Sys p("1C G45, Proposed Use F`I.GI(j(,� QE As zULtv 6 12� A2J�LORE Acreage 1 . l Z AL, Ida )a ) Ac- ( 32. 4(D66C Existing Dwellings? If Yes, list address If Yes, list address If Yes, list address If Yes, list address below: 6. rjpj below: below: i below: 4 * If the property is vacant or unimproved wr a proposed water source and proposed sewer system for each parcel in the blanks above. For ?, example, if a well and septic is proposed staid ero r ll,ppr!roposed septic. I (We) request that the following describ d property/be designated a Recorded Exemption by the Weld County Board of County Commissioners. I (We) hereby depose a d 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 th ignatory has the legal authority to sign for the corporation. 4—I1—Zo/o S' linitThOwne r uthorized Agent Date Signature: Owner or Authorized Agent Date • • October 5, 2010 To Whom It May Concern: Please be advised that I, Donald G. Wacker, President of the Board, Ogilvy Irrigation and Land Company, hereby authorizes Casseday Creative Designs, LLC to represent me in my endeavor to obtain a 3-Lot RE on Parcel # 080525200005, Weld County, Colorado. Donald G. Wacker, President Date Casseday Creative Designs, LLC 1711 61st Avenue, Suite 206 Greeley, CO 80634 September 20, 2010 Weld County Planning Department Greeley,CO 80634 RE: Ogilvy 3-Lot RE Parcel #080525200005 Questionnaire 1. Water supply statements: a. Water will be provided by the North Weld County Water District. A Tap Agreement has been purchased and a copy of the receipt is attached. 2. Sewage disposal statements: a. An engineered Septic system will be designed, constructed and permitted according to Weld County ISDS requirements. 3. Description of how the property is being used: a. There are two oil and gas well heads and tank batteries with processing equipment on the properties. b. The properties are vacant land with oil and gas equipment and a equipment protection sheds. There are two barns for storage on the proposed lot A that will remain as temporary structures. 4. Property location and future use: a. The property is located north of the intersections of Weld County Roads 66 and 35. b. Lot A will be 19.72 acres and will be used for oil and gas well operations, barns and vacant land. c. Lot B will be 19.61 acres and will be used for oil and gas well operations and vacant land. d. Lot C will be 132.40 acres and will be used for irrigation water storage as a lake and recreation facility. 5. Unique physical characteristics statements: a. The Ogilvy Irrigating and Land Company operate the property known as "Seeley Lake" for water storage and management. b. The properties west and north have oil and gas well production facilities and vacant, non irrigated lands. 6. Primary Building Envelope statements: a. Not Applicable 7. Business or Use by Special Review Permits statements: a. There are no businesses on the property. b. There is no Use by Special Review Permits on the property. Attach: Site Map and RE Application • • AGRICULTURE , on..w..o r ,'I L \ �' _ I{I LOT A ... , CR 35 I .. a \ 19 7Z ACRES AGRICULTURE \ Cr Cr Ivo ANNE LOT B I 1z > m r 19.61 ACRES - Z 1 mm ..LL.... ., Z n < a r w m- y-D ..3 1 Nzm4 n z) m n A O A 0 Z -i r_ ISONNY VIE ' 1 N £ = Tl Y! ESTATES ', A '[ A M1I > , ,� moon ❑ Z NAfm A 0 \r m Z z m 0 y ....... I .,.. l Ptun, o z D (9 Z N Az O 0 O I 0 m O _A „ r N q 9 X D N 9 G m m Z SEELEV LAKE M.-A^m N ANG ._ .. Dp 0 I N -I m i i ^ --_ N 0 % Z No SEC 23 I. SEC 24 y N A 9 f 0 _._-- ... ._ -_ mE1n ....I __'�I mZa Z 3 SEC 26 SEC 2s A 13 ' - Z fl Z I I Ii IILOT C m ' m { III o..`w."" 133.40 ACRES I, n N .00..00 .. £zz I I I eee.eao vao I AGRICULTURE ___U I CE AGRIC ULTURE o CULTURE e.......... CR 35 ..uw�.. I Xi g G.Lw w o co.e.a.r c.e..o.v c.rnve G aioR. to >. CO + Weld County Public WI Dept. • i < 1111 H Street ACCESS PERMIT ,0 .„ fr co P.O. Box 758 G�V et' .air Greeley, CO 80632 APPLICATION FORM (1/C WC) Phone: (970)304-6496 Fax: (970)304-6497 Applicant ) Property Owner(If different than Applicant) Name )/ (R 16A )/tlG w b , Name bCompany G C, Address Address 22 tik S0I 7bo City State Zip City G24-ELP1,0 -352 -'31101 C e L Stat Zip5©b� Phone Business Phone Fax Fax 6 10- X52- 3)655 E-mail E-mail 5 &J11--wer € vJOtoj aW, 600 1 ♦= Existing Access A=Proposed Access Parcel Location&Sketch The access is on WCR IciP Nt-k 35 P�� Nearest Intersection:WCR 10 la &WCR 35 N/CQ 6(, LMST Distance from Intersection }<T I 11/4.1'(n 5'&f�j0/.} Parcel Number 0 flif.)52526©0O5 A. to Section/Township/Rangel7t 242-5)2 O4.6611/ t o re 3 3 Is there an existing access to the property? YES.10© N Number of Existing Accesses Road Surface Type&Construction Information v' Asphalt ❑ Gravel MI Treated a Other mica t'o% J Culvert Size &Type I P? y1 M Materials used to construct' Access � E a Construction Start Date }41/1c Finish Date IVA 2 Proposed Use °Temporary (Tracking Pad Required)/$75 ° Single Residential/$75 °Industrial/$150 °Small Commercial or Oil& Gas/$75 0 Large Commercial/$150 °Subdivision/$150 Field (Agriculture Only)/Exempt Is this access associated with a Planning Process? 0 No ❑USR •RE ❑PUD ❑ Other Required Attached Documents -Traffic Control Plan -Certificate of Insurance -Access Pictures(From the Left, Right, &into the access) By accepting this permit,the undersigned Applicant,under penalty of perjury,verifies that they have received all pages of the permit application;they have read and understand all of the permit requirements and provisions set forth on all pages;that they have the authority to sign for and bind the Applicant, if the Applicant is a corporation or other entity;and that by virtue of their signature the Applicant is bound by and agrees to comply with all said permit requirements and provisions,all Weld County ordinances,and state laws regarding facilities construction.Signature Printed Name -J642) lg'j�, CoSeirlDate 61-l7 -LOAD Approval o Denial will b issued in minimu of 5 days. Approved by Revised Oat 6/29/10 • Clerk and Recorder. The applicant shall be responsible for paying the recording fee. No recorded exemption shall be considered complete nor shall lots be transferred until the plat has been recorded. If a well is proposed as the source of water for the proposed lot(s), the applicant should be aware the quantity of water available for usage may be limited to specific uses, i.e, domestic use only, etc. Because each situation is unique, DPS encourages the applicant to contact the Office of the State Engineer, Division of Water Resources, to discuss your individual situation. The applicant should also be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. If the proposed access is via a state highway the applicant shall contact the Colorado Department of Transportation regarding the access permit(s). Additional Information is available on request DETACH, SIGN AND SUBMIT IF APPLICABLE) ACREAGE WAIVER FORM (If including more land than required) I have been informed by the Weld County Planning Department that the Recorded Exemption process requires inclusion of__ acres. I am aware that the inclusion of the entire acre parcel into this Recorded Exemption is not necessary at this time. I understand that by including the entire _ _ acre parcel into this Recorded Exemption, rather then doing a Recorded Exemption on the acre parcel, I waive my opportunity to further divide my property without utilizing the Recorded Exemption process. Q I have been informed that I am eligible to apply for a Subdivison Exemption in conjunction with this Recorded Exemption. I waive my opportunity to obtain an additional lot utilizing the Subdivision Exemption process. I have been informed by the Weld County Planning Department that the Recorded Exemption process allows for a total of four lots. I am aware that this Recorded Exemption is for three lots and that by not including the fourth lot. I waive my opportunity to create additional lots until such time that I may by eligible again to further divide my property by utilizing the Recorded Exemption process per Section 24-8-20.C.2 of the Weld County Code. Signatures of all fee owners of property must sign this application or 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 to legal authority to sign for the corporation. Sig�e: Owner Authorized Agent Date Signature: Owner or Authorized Agent Date The foregoing instrument was subscribed and sworn to me this day of , WITNESS my hand and official seal. My Commission Expires: Notary %eld County Treasurer 'S Statement of Taxes Due Account Number R1347886 Parcel 080525200005 Legal Description Situs Address 17904 NW4NW4 25 6 66 ALSO STRIP BEG AT NW COR SW4NW4 SON W LN 12 RDS WELD 000000000 NELY TO NE COR SW4NW4 WON N LN TO BEG(3A)EXC PT NW4 BEG W4 COR THENCE N1120.32'TO N F4M/LN OF CO RD N80D44'E 774.41'TO TRUE POB N49D33'W 312.39' N24D20'E 215.86'563055'E 382.95'S Account: R1347886 OGILVY IRRIGATING& LAND CO 822 7TH ST SUITE 760 GREELEY,CO 80631 Year Charges Billed Payments Balance 2009 Tax $619.24 $619.24 $0.00 Grand Total Due as of 10/05/2010 $0.00 Tax Billed at 2009 Rates for Tax Area 3884-3884 Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 16.8040000* $161.99 RECREATION-LAND $14,723 $4,270 SCHOOL DIST RE2 27.4520000 $264.63 WAREHOUSE/STOR $18,524 $5,370 NORTHERN COLORADO WATER 1.0000000 $9.64 AGE-IMPS. (NC Total $33,247 $9,640 EATON FIRE 9.0000000 $86.76 AIMS JUNIOR COLLEGE 6.3120000 $60.85 HIGH PLAINS LIBRARY 3.2550000 $31.38 WEST GREELEY CONSERVATION 0.4140000 $3.99 Taxes Billed 2009 64.2370000 $619.24 '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 Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer,are evidence that, as of this date, all property taxes, special assessments and prior taxes liens currently due and payable connected with the parcel(s) identified therein have been paid in full. Sigv �<��/ Date REFERRAL LIST Name: Ogilvy Irrigating & Land Company Case #: RE-5061 County 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 - Ed Herring _Dacono _Brighton F-3 x Sheriffs Office x Eaton x Eaton F-4 x Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans _Frederick _Airport Authority _Firestone _Galeton F-6 x Building Inspection _Fort Lupton _Hudson F-7 x Code Compliance _Frederick _Johnstown F-8 Kim Ogle (Landscape Plans) _Garden City _LaSalle F-9 _Lin (Addressing Change of Zone) _Gilcrest _Mountain View F-10 _Ambulance Services x Greeley _Milliken F-11 _Grover _Nunn F-12 State _Hudson _Pawnee F-22 Div._ of Water Resources _Johnstown _Platteville F-13 _Geological Survey _Keenesburg _Platte Valley F-14 _Department of Health _Kersey _Poudre Valley F-15 _Department of Transportation _LaSalle _Raymer F-2 _Historical Society _Lochbuie _Southeast Weld F-16 _Water Conservation Board _Longmont _Union Colony F-20 _Oil & Gas Conservation Commission _Mead Wiggins F-18 _Milliken ____Milliken F-17 Division of Wildlife _New Raymer _South Hwy 66 (Loveland) _Northglenn Commissioner x North Hwy 66 (Greeley) _Nunn _ _Division of Minerals/Geology _Pierce _Platteville Soil Conservation Districts _Severance _Big Thompson/ FTC _Thornton _Boulder Valley/Longmont _Windsor _Brighton/SE Weld _Centennial Counties x Greeley/West Greeley _Adams _Platte Valley _Boulder _West Adams _Broomfield _Little Thompson _Larimer Federal Government Agencies Other _US Army Corps of Engrs x School District RE-6 USDA-APHIS Vet Service _Central Cob. Water Cons 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 Kristine Ranslem From: Kristine Ranslem Sent: Thursday, October 14, 2010 9:50 AM To: Ken Poncelow; Bethany Salzman; 'Billings, Sandra'; 'brandon.muller@state.co.us'; 'Joyce Wallace'; 'Gary Carsten'; 'Brandon Gossard'; 'bjohnson@greeleyschools.org'; 'dsantillanes@eatonfire.org' Subject: RE-5061 Referral Attachments: Referral Sheet.pdf; Application.pdf We have just received a case (RE-5061) in which we ask that you review the attached material and send a referral to us by November 13, 2010. Attached is the application and referral sheet. You may send your comments to the Planner assigned to this case, which is Kim Ogle (koqleco.weld.co.us) If you have any problems with the attachments, we will provide hard copies upon request. Thank you! fcristLwe rzavvsLevv. Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 1 • • Kristine Ranslem From: Kristine Ranslem Sent: Thursday, October 14, 2010 9:51 AM To: 'robb@casseday.net' Subject: Case RE-5061 Attachments: Applicant letter.pdf Please see the attached letter. If you have any questions, please let us know. Thank you! kAstLwe rza wsLew. Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 1 • Submit by Email• Print Form Weld County Referral C. October 1 2010 COLORADO 4, The Weld County Department of Planning Services has received the following item for review: i Applicant I Ogilvy Irrigating & Land I Case Number RE-5061 Company Please Reply By November 13, 2010 Planner Kim Ogle Project Three Lot Recorded Exemption Legal Parts of Sections 23, 24, 25, and 26, T6N, R66W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 66; East of and north and south of and adjacent to CR 66. For a more precise location, see legal. Parcel Number 0805 25 200005 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. O 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. O See attached letter. O Please notify me of any public hearings regarding this request. Comments: Upon review of my case file and computer records of the above parcel number and name,no violations were noted. Signature ��1�,M��r. Date 10/14/2010 Agency Zit-ling Com nce Q.f2 er II +Weld County Planning Dept. 01555 N 17'"Ave, Greeley,CO.80631 +(970)353-6100 ext.3540 4(970)304-6498 fax 41. DEPARTMENT-OF PLANNING SERVICES a 1555 N. 17th GREELEY, COLORADO 80631 PHONE: (970) 353-6100, EXT. 3540 FAX: (970) 304-6498 '"DC. COLORADO Date: October 27, 2010 Applicant: Ogilvy Irrigating & Land Company Project: Three-Lot Recorded Exemption Case Number: RE- 5061 Parcel Number: 0805 25 200005 1. Applicant's statement indicates there will be no construction on site .Based on the information supplied; no building permits will be required. Regards, Ken Swanson Building Official Weld County Building Department (970) 353-6100 . 0 Submit by Email Print Form. . Weld Gnunty Punning Department ‘Iftt(feg (4 GREELEY OFFICE' RtifN nq 7n1h RECEIVED IIDc Weld County Referral October 14, 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Ogilvy Irrigating & Land Case Number RE-5061 Company Please Reply By November 13, 2010 Planner Kim Ogle Project Three Lot Recorded Exemption Legal Parts of Sections 23, 24, 25. and 26, T6N, R66W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 66; East of and north and south of and adjacent to CR 66. For a more precise location, see legal. Parcel Number 0805 25 200005 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. O Please notify me of any public hearings regarding this request. Comments: Signature Date 11/3/r Agency Cam- o — 2Ee1, •'rWeld County Planning Dept. •:1555 N 17th Ave, Greeley,CO.80631 v(970)353-6100 ext.3540 {•(970)304-6498 fax faSubmit by Email Print Form (Victr--6.%*** Weld County Referral 1111 C. COLORADO October 14, 2010 The Weld County Department of Planning Services has received the following item for review: Applicant Ogilvy Irrigating & Land IICase Number RE-5061 Company Please Reply By November 13, 2010 l Planner Kim Ogle Project Three Lot Recorded Exemption Legal Parts of Sections 23, 24, 25, and 26, T6N, R66W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 66; East of and north and south of and adjacent to CR 66. For a more precise location, see legal. Parcel Number 0805 25 200005 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 Brandon Muller Date November 10,2010 Agency Colorado Division of Wildlife +Weld County Planning Dept. +1555 N 17'"Ave, Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax MEMORANDUM TO: Kim Ogle, Planning Services DATE: November 2, 2010 FROM: Donald Carroll, Engineering Administrator COLORADO SUBJECT: RE-5061, Ogilvy Irrigating & Land Company 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: Weld County Functional Classification Map: (April 2010) WCR 35 is classified by the County is an Arterial Roadway, which requires a 140-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. The applicant shall delineate or dedicate an additional 40-foot of right-of-way parallel to the WCR 35 right-of-way for full build-out. Weld County Functional Classification Map: (April 2010) WCR 66 is a local paved 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: Contact the Public Works Traffic Engineer for new access requirements. Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation. 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. The easement shall be a graded and drained road to provide an all-weather access. The applicant shall complete a Weld County Access Permit. If a drainage culvert is required the County shall size your drainage culvert, width and location of your Access point. Contact Public Works Traffic Engineer. Flood Hazard Development Standards: Add the following notes to the Plat: 1. WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY DESIGNATION. Please be advised that owners of Lots B and C may not be able to obtain building permits to construct structures. All construction or improvements occurring in the floodplain as delineated on Federal Emergency Management Agency FIRM Community Panel Map #080266-0607C dated September 28, 1982, shall comply with the Flood Hazard Overlay District requirements of Chapter 23, Article V, Division 3 of the Weld County Code and all applicable FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. 2. Flood hazard development permits will be required for development activities located within the FEMA mapped Seeley Lake Floodplain. At such time as the owner proposes to construct any type of building or place fill within the FEMA designated floodplain, a FHDP will be required showing that the proposed activity is not located within the floodway (Planning Policy No. 2010-07). Additionally, the FHDP application must show that the development activity is in compliance with all floodplain regulations in effect at the time of application. 3. The installation of any septic system within the 100-year floodplain shall comply with the Weld County I.S.D.S. Floodplain Policy. In accordance with the State of Colorado I.S.D.S. Regulations, no septic system shall be installed within the floodway. pc: RE-5061 M\PLANNING—DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-5061\RE-5061 docx M Memorandum TO: Kim Ogle, W.C. Planning DATE: November 8, 2010 O • FROM: Lauren Light, W.C. Department of Public COLORADO Health and Environment CASE NO.: RE-5061 NAME: Ogilvy Irrigation Co. Environmental Health Services has reviewed this proposal to exempt two lots from a 171.73 acre site. Proposed lot A will consist 19.72 acres, proposed lot B will consist of 19.61 acres and proposed lot C will consist of 132.40 acres. Lots A and B will be used for oil and gas well operations. Lot C contains Seeley Lake recreation facility. The flood plain crosses a portion of each lot. Water will be provided by North Weld County Water District and individual sewage disposal systems will be utilized if necessary in the future. The following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for any septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Please note, the lot owners shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sewer line. In accordance with the Weld County Code, if a sewer line exists within 400 feet of the property and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. 2. The installation of any septic system within the 100-year flood plain shall comply with the Weld County I.S.D.S. flood plain regulations. In accordance with the Colorado I.S.D.S. Regulations, no septic systems shall be installed within the floodway. Please contact Weld County Public Works to verify flood plain vs. floodway. • • - Approved by: Ogilvy Ditch Company o c ;r ,t - T I ' 'L 0 t N Job # 651.04 . O ° o g Y ° o g • y V L V -, - < ' ' < r CO LPL a 4.4 . 40 a u 11 Weld CR 35 ci, _; _ � L o • a) —Is. \ 4, lir �® ,R b ®, ter+) t N ► B® ea ® .p ® saes ®MI r 0 \ A ` • r 2 on itz 3f.,"*" t 44;1 81 Or; - - -0- iti• thett---..ah, , iiiss 0 at . >, ..c -----. . . ‘ Weld a. R 35 l'Ael: hp E_13 qt" ' -,:- ® � z ,`: , a: J M M . .� '1 gli - 'm — ^ 3N �, ca o o . ® �^ M I ' _ v ei a. / N m C ! t�� O O. 0 < O �� / a` Q ; o ;" fr J ca - L a) N N M O fn x I _ O O i. , _ d ----- > - L- c) L CL vil MA Z o O < c J N O a) cn ' 13 1. 1 0U•OO w °' , ci cn -o CL c� Q L. c - Q' ma) !pip o E ¢ + CO a 0 Ls O (B � E a o 4 ^ 8d r N L - CO Iri z Z O - _ o - O C • ` I,r N CO 1 f ii ANv, 1. " b O ^W^,, Z 1. £ j r i ' � 401 'mow , 1 • r • ill . R ti i • 1r . _.- a .1. ' I. a f , 1 1 i Cy 1114 • kr , ,\\\ .. • A . , , • ..„„ • R. . / � , ,,s.-- - ii LA I! il. 1:: •• , i / 4ki:* i . : ;41 . .2._ .... • • tigil , .. .. ,,, 44: .. ...fri . _ _tis„.......„ ........_ . . . . Irs__ _._......_ - --7t i � - „lk; _ : • lapi\,... A , •yi . / . . RN rir. • 1 , ._ I__ . i . rfri.mas sir . . ... co __ _ __. .5 ... .. ..„ . is ...I', tii.......le• we . . . _ ,• is.. f __ . lijma, is mour iraill VI . :,...4 1-1 . rt ' . a + � . ,II: , . 4titj.. . t j -- - - A . « cc HO AV HIED N .;• t5. ' . NI lir"! 4 . 0 .. ' _r , - i M - , • 1(V^r•1N• .• • r �2>_ ( ' � • I ` a ` ' •R ` ` CERTIFICATE OF CONVE•NCES W COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUTY OF WELD The Fidelity National Title Company hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION: The Northwest ''%of the Northwest '/of Section 25,Township 5 North,Range 66 West of the 6t°P.M., And Also a strip of land off the North side of the Southwest '/ of the Northwest Y of Section 25,Township 6 North,Range 66 West of the 6i'P.M., as follows Beginning at eh Northwest corner of the Southwest '/ of the Northwest '/ of said Section 25 and running South on the West line of said Southwest '/ of the Northwest / 12 rods, thence Northeasterly to the Northwest corner of the Southwest '/ of the Northwest '/ of said Section 25,thence West on the North line of said Southwest %of the Northwest'/,to place of beginning. Except parcel of land conveyed in Warranty Deed recorded September 15, 1966 in Book 573 at Reception No. 1495147 f and Also Except parcel of land conveyed in Warranty Deed recorded July 18, 1967 in Book 584 at Reception No. 1505822 County of Weld, State of Colorado. ONVEYANCES if none appear, so state) Reception No. 106662 ,Book 228 at Page 490 Reception No. ,Book Reception No. , Book Reception No. , Book The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be constructed as an Abstract of Title nor an opinion of Title,nor a guarantee of Title and the liability of Fidelity National Title Company,hereby limited to the fee paid for this Certificate. In Witness whereof,Fidelity National Title Company, has caused this certificate to be signed by its proper officer this 101° ay of September , 2010, at 8:00am. Fide ' Nati,,..,AJQitle Company Author[ Signature Joel F Ford Dated: C1 -\Q 4 • • THIS DEED; Made this 22nd.,day of September A.D.,1905,between John M. Studebaker of Southbend, Indiana,and Lafayette Lamb Of Clinton Iowa,of the first part,and The Ogilvy Irrigating & Land Oompa- ny,a corporation of the second part: WITNESSETH: That the parties of the filet part for and in consideration of the sum or One dol- lar and other good and valuable consideration to the parties of the first part in hand paid by the party of the second part,the receipt whereof io hereby confessed and acknowledged have granted,bar- gained,sold and convoyed and by these presents do grant,bargain,sell and convey unto the party of the second part its successors and assigns forever,all the following described lots or parcels of land and water rights,eituate,lying and being in the County of Weld and State Of Colorado, to-wit:- All that part of the east half of the North-east quarter of seotion'26 township 6 north of range 66 west lying north and east of the following described line,being the center of a road,to-wit Cownenoing at a point on the East Line of said quarter section 1056 feet north (var. 14° 30' East) of the South-east corner of said North-east quarter of said'section 26,thenoe North 86° West 258 feet; thence North 59° 10' West 655 feet; thence North 43° West 363 feet; thence North 29° 10' West 360 feet; thence north 11° 50' west 395 feet; thence North 1° west 260 feet to a point on tie north line of said quarter section 30 feet east of the North-west burner of the East half of the North-east quarter of said section 26,subheot to a highway 30 feet wide adjacent to said line on the north and east thereof. s.✓i ) Also the East half of the south-east quarter of section 23 and North-weet'oi the North-vest quarter of section 25,and the South half of the South-east quarter of the North-east quarter of sec- tion 23,all in Township 6 North of Range 66 West; Also fifteen and sigh-tenths acres of the west half of the South-west quarter of section 24, township 6 north of range 66, described as follows, to-wit:- Commencing at a point on the west line of said section 24, 1150 feet south of the quarter corner between ae0tions23 and 24 of township 6 North of range 66 west; thence South 38° East 610 feet; thence South 33°46' East 400 feet; thence south 17° 30' east 300 feet; thence South 8° 30' East 400 feet; thence west on the aeotion line 748 feet; thence north on section line 1495 feet to the point of beginning. Also a strip of land off the North side of the south-west quarter of the North-west quarter of section 25 Township 6 North of Range 66, west as follows, to-wit:- Beginning at the North-west corner of the south-west quarter of the North-west quarter of said section 25,and running South on the West line of said South-west quarter 1 rode sR; thence northeast- n erly to the North-east corner of the South-west quarter of the Northwest quarter of Said section 25; thenoe west on the North line of said South-west quarter of the North-west quarter to the paloe of beginning,00ntaining three acres more or less. Together with ss.eel.y Lake Reservoir,n located on said lands with its appropriations of water,but reserving from the lands hereby convoyed all rights of way for roads. Also the inlet and outlet ditchers to and from said reservoir with the head-gates dams and appli . anoes and'Interests &u$-rights or way gt ot-ows; A ri gh or way ror rnrt3`et—fzom s'a1'n'ieaeavgii"olleir-"-----; the east half of the North-east quarter of section 26,township 6 North of Range 66, as reserved in our deed of even date to the S.L.W.Nanch Company, Also the right of way for said outlet ditch across the south-east quarter of said seotion 26 as conveyed to us by Dora H.Deoker and Asa A. Decker by ' • ��' • by deed dated November 9th 1903 recorded in Book 218 at. page 423 or the record, of the,Cpsnt 2 Clerk of Weld County. y L Also all the interest in said Seely Lake Reservoir cone ed•to Y us.by John P.-Naumspby deep dated May 6th 1904,and•recorded Sn Book 211 at page 542 Of the records of the County Clerk of Weld.. County Also that portion of the west half of the North—east quarter Of aeotion 22 township 6 north of range 66,00nveyed to us by James'English and Helen J. English by deed dated December 9th 1902, and recorded in Book 163 at page 295 of the records of the County Clerk of Weld County. Also that portion of the east half of the north-east quarter of section 22 township 6 north of range 66 conveyed to us by George E.Adamn by deed dated July 6th 1903 and recorded in Book 163 at page 430 of the records of the County Clerk of Weld County, Also all that portion of the North-west quarter of section 23 Township 6 North of range 66, conveyed to us by deed from Horace Eldridge dated December 12th 1902,and recorded in Book 163 at page 289 of the reoords of the County Clerk of Weld County. Also all that portion of +he east half of the north-west quarter of section 23,township 6 north of range 66,conveyed to us by Otto Berg by his deed dated April 3rd„1903,and recorded in Book 16" at page 372 of the records of the County Clerk of Weld County. Also all our right title,claim and interest in and to The La Orange Seepage ditch conveyed to us by Susan LaGrange and Asa A. Decker by deed and agreement dated December 10th 1902 and recorded December 24th:I,in the office of the County Clerk of Weld County,in Book 201 at page 338,referanoe to which is hereby made for a full description of the same and property hereby conveyed. Also alllour right,titl.e and interest in and to said Seely Lake Reservoir,its dams,headgebes,in- let and outlet ditches,rights-of-way appropriations of water however evidenced or described. Aleo"The Isaac D. Miller Ditch" and its headgates,dems,rights-of-way and appropriation of wa- ter. Also the right of way for a ditch across the ;mouth-east quarter of section 31 township 6 north of range 64 west. The property above referred to is the same property and includes all ditohee,dams rights of way and appropriations of water deeded to us by John T. Warren by his deed dated February ItO 1900, and recorded same date in Book 176 at page 193 of the records of the office of the County Clerk of Weld County reference to which is made for a fuller description of the property hereby conveyed. C9.. 77> w Also all our right title claim and interest in and to the "Camp Sub—Irrigation4Sldughe and Ditch" and all other rights privileges and property conveyed to us by Charles Camp of Greeley Colo— rado by deed and agreement made with us dated June 28th 1899 and recorded August 28th 1899 in the office or the County Clerk of Weld County Colcrado,in Book 170 at page 473 to which reference is hereby made for a complete description'of the ditches,water sights and end property hereby. conveyed meaning to hereby convpy all rights and interest thereby aoquired,and the party of the second part a does agree to accept and comply with all provisions of said deed and agreement as to all things to be done by first parties herein who are the second parties in said deed,and especially to furnish the wator from ditch oP second psrt Tieririi tad BEi¢'Charle.. vamp. •TO HAVE AND TO HOLD THE SAME Together with all and singular the eppurtenancee and privileges thereto belonging or in any wise thereunto appertaining and all the estate right,title,interest end-4 Whatsoever of the said parties of the first part,elther in law or'emnity,to the -only proper use -benefit and behoof of the said party of the seoond part,its suooessore and anbigns Subject to any unpaid taxesthereon,whioh second party assumes and agrees to pay. IN WITNESS WNEREOF,The said parties of the first part have hereunto set their hands and seal° the day and year first above written. JOHN M. STUDEBAKER (SEAL) LAFAYETTE LAMB (SEAL) STATE OF INDIANA,) )SS COUNTY OF ST UOSEI)H I, S.E.Daboock a Notary Public in and for said County in the State aforesaid do hereby certify that John M. Studebaker personally known to me to be the person whose name is subscribed to the fore -going deed,appeared before me thin day in person and acknowledged that he signed sealed and deliv- ered the said instrument of writing as his free and voluntary not for the uses anti purposes therein set forth. Given under of hand and notarial seal this 5th day of December A.D., 1905. My commission expires April 26,1906. 1.,yAw£ S.E.Bab000k, Notary Public, STATE OF )es $ f• 4 t COUNTY OF ) I, E.A.Sohultz,a Notary Public in and for said County and State aforesaid do hereby certify that. Lafayette Lamb personally known to me to be the person whose name is subscribed to the forego- ing deed,appeared before me this day in person and acknowledged that he signed,sealed and delivered , • the said instrument of writing as his free and voluntary not for the uses and purposes therein'set. forth. GIVEN under my hand and Notarial seal this 6th day of December A.D.,1905. My commission expires July 4, 1906. E.A.SChultz, � n,, Notary Public. No. 106,6+2. Filed for racord at 2:30 o'clock P.M.,this 15th day of Deoember,i•905, ._....... ... . _. CHAS DAVIS, RECORDER, • BY ALICE M. BECKWITH, DEPUTY. • 5 '5 it' Rocorded, ._.,__._ 14115147 r� Ffi'--. or ..!/ o'ekat:E.,.lt: Reception No, 1411)� 4 7 AM I cpoMtk_Recorder. 'Jrio rte' Vein - _ t7JlIl{S' CVe�11,. Mille 'hi. Id th Joy of guilt in thi year al our Lord one thousand nine hundred.and S1:xt y-d ix between OG11,VY tiiR10A'ri?tf ANII idilh COHPANY of the Cobaly of Welts and State of Colorado, of:ihe Orel part, and I', ff. OIRSCII Ilntl filled iiAlt9C11 of the. County of Cold and:Sale-of Coltorido, of he neeand:p,uff WITNS189RTIO That the tell nor ty r4 the lirstpart,for and In cunaldeulion of the-sum of - 0t hot' granulate eolinldrernt inn owl Tin MILL ARS, —i in-the mild mat V of the first pan In hand paid by the said,mullet dl the second pant, Ilia receipt whereof li r'1, hereby eonlveaeii and atlnrRledgef ha 5 granted, hlrgalhed; sold and conveyed, end by theta pretest. do 04 1„;-1 grant, bargain; Jell,convey and confirm unit the sail pieties of the second„pert. ten pass'not.In dainty In CamMnn hue in Joint ltnency'e the survivor of.them,.their enigma and the heirs end amigos of snob,urtl,oe'Inceser,all the(as. Iowlgg described lot nr panel of land,aheete,lying sell tieing in the County of haled vitl pill l ColIfidoe lo•1H1 A parcel of Inn(' locator n !fort of the N 112 of the 111/ Itil n' e .'ton , rotin ',1p 6 North, Runde 66 Vora or the Otis t,II, holm mot'n !thy tiau Inrly described ns Col lawn Gonnialoririg the 'tact line of tiro NW I/!I of ntld "action DS to bony North 00° 00,110" If anti with all Mina roes con till nod hare in t'oleti Ve thorn to; Commonclug it the West fluor tor carnal' of sniff Seel ton 25; that an NOV th (10° 00' 001, I:nst 1170,72 loon more or long to the North right of wily lino of Clio County hood rig now constructed, tltolleo Not th riot 441 50'l 'fast alone sold Noet_h Conn ty 4nnd Irlt'Ill or why I-11e 771.41 foot to the True Point or Beginning' thoncn North dD i5f .2011 Wont 312.39 fool; thondo.'Noe'th 2d° 20' 11111 front 21h,f116 font; theme() `Huth 6i" 55' 3011 'Sint 382-,n5 foot;. thane', ;Intl' 1)2 ,0' -10° Want 200,71 feel_ more or l eon to the North fight of Way lino of the, Cannily load on not; constructor]; tilonce South en° n1' 50" Wont189 f7 foot to the Tito Point or 11ogg,1nnlne, Alne a pnrtettul7 once:lhont for the pur- 1 • or In'roan and egreaa to the ',hove le :robot i'rn'Id v finny he vest pp the r tholpat' count t lug of n ntri t eill Inntd 7,0 rent mile rn�rtrrcl and immediate y aprlj neon. ;a tie Post ltgno of tho obey doses I liGit nrprorl ru in 0' I`or in ii gtnlco,a 20(1.7.1 too. kl ro r loo Xto t U pntn the 91: r u Xf C ti r811 1. e(crj 1p+ rn f rwhl —I-Eh ? tP .l1 iI�II tlyrii, guin - of wry, ei i v,, �etsnma(Q e�mr a ion fl lJldnib �ftlyn ile ebaQ°t't�� kh•�I it MguUr the heweliammm d anpvrtena rrI Iliertunln btlunglne;or in any who Apperinlneun, and Ilie rever,lon and revvdWn., retnninder and rrtnslndtre, Frith Ilsgee And•prolix-lheredll and ell the Oldie, right, Illlt, inlereel, claim sod demand wtialaoever el the mild-party al-fhb'fleet Dart either ln law or equity, of, lo nod In Ile above bargained premiers, the heredinernls sail nppnrinnincii TO HAVie ANO 'r0 7101,0 tie said premises shove bargained and defog flied. with appurtenance., unto ere said parties of the ,ecoud part, the oar vivor of Ilion, IheIt aeelgaey dirt",�(1I1`e Nip and aailgne of siltb Ideal Yoh for. over And the geld part 1' of the (Ire part for it miil,Its/tigN4WF AA1e:NgpatnMukaeaie do e5 covenant, grail, Bargain and Agree In and will, the mild parties of the lemma parr, the aareitor of them, their aright and die belri and aeeigee of theft survivor. th.i at the cline of the erne:ding nrd delivering:0f'these preleno, it In well faked Of Ire I,Fernhn'Above nit ye ye d, at of gond, lure, ter rect. aluoitnl a nil'bndeleselble Ollie of loser a lance, In Ihw, In fee It hemplt,and ha . good yield. 1,111 power and lnv111,1 nuthddly in gi cat, hr rgelrq sell and convey, the know bi manner and form a hitelaid, ,,nil that the tame are tree and ale 0Irons all former and other prints. hetgAhl, filet, liens, taea, ',immerge and incntdbrnnre° n1 whatever lewd or nature laevnonxre it tiill'or t In t,xds tnntHnl' her the 'Pops' I"kph nrl Pill,l,' in 196"i pxrml•t iron, Ninon,a..Inns, I'na l 1'tl't inn•: oink cnvt'tnilll:.: Pont;Wind in into rtald:lit•: n" rllrarll,l'I'lit- 'ii Hi,,' WO onnihuent a on l denccd like Innt nieinot c oh' Pryor(' nr eolith!Irhtd on the if l'mn I non; and the move ',attained menthe' in 0e toilet nod pea-,ibtr l.oe,ranl°n of the Pnid dirties of the strum' pert, the Mos/Ivor of them, their n,eig ns and the helve end alai,"-ill Piet' Po it tour, 'gal fill all and every Vernon or Mann. GWfillh' claiming or m dorm the ivlurle or any pan Ihrtrnt slit Bald Marl V of the UM perk +bell end will WARRANT AND FOP PVHH r1:1ei:Nn. IN IV1'I'NESS tWlihlltIMI', Ike cam part '• of the first Parr Ise, v. ilelennb, ,el i l.^ hand and teal the day and year first above v written ' .s r Y "r11IY II:11irU IN(' b 1,A.N0 Vje1PAN'i ' rigned. 9dgl 1 An I "filveteQ uI the Jiff/ellre all IIy1 a.. 7.,4 rsf e, ev. J �i`, ( rv�r t t t NI ssw(,t� IIiIIIIfIItfi )F1,r} l411 .,.R:'� le .. .4ll,- t.1 __... • all ......._ _._ .A Reif,} ✓pA"4' t c"•01;An(' 11}ir`: jj�� a+ The foregoing In untmxul Na+a hn mlrvlNn t'elurn nit 0 day of vGr l pl(Aibl bi V:Id } xQDle OW) .• 'iiii. t v C iioil ntflit` ;to,II.raPiileitt..tlntl. "I \\CIA Idea hIl Ise n'. inn a •I rte t 1 ' r, -t err Iii of lei' rug Na > t /.,s,{. r• Ilan Irnitah ._. -6-e?-0.,s, r Within, My fiend and atheist Bent A ,' '6011 1 \G p ' My Crmmdmilon lignite* h tl;Pen I tots, . , / iPe�ary' 7uNk: WARRANTY aigni, -in Intro Penman • (i'r. �y `F.h. ., ,.. "� Reco.dod m 5.6 0 10 4 ! M 4UL 18 1 7 of /t 7. .: itk,No..-.yam 13c),5824. ......A SScorner; r soog S. WARRANT EA COI POR4,r ION i -!. ?7GIhvx :IRRIGATING AND L4Np COMPANY, I t a corporation duly gra$mod and existing under and by v rtge of the Jaws of thr'State of Coloradlj, for and in consid- oration of AlitS'... valaablg Considerations and',Ten " Y' ' em ,-. % r, r _Dollars in hand paid, does hereby sell and convey to NI O 41.WFrLD COUNTY, a Municipal Corporation, .' 2. of the Qpupty of,, Cofer*,and atate of Cofer , the following real property VI Hr situate fp the County of Weld and State f '-' to-wit: q Colorado, .d, .n A parcel of land located in the Northwest Quarter (NW*) of Section 25, r- Township 6 North, Range 66 West of the Sixth Principal Meridian, Weld o: County, Colorado, being more particularly described as follows: o Commencing at the West25 o Quarter Corner (W � Cor.) of said Section and considering the West line of said Northwest Quarter (NW*) of Section 25 to bear North 00° 00' 00" East with all bearings contained herein r..- relative thereto; Thence North 000 00' 00" East along the said West :.a de line of the Northwest Quarter (NW*) of Section 25, 1 ,120.32 feet to the ,' ' '7• right-of-way line of the existing County Road; Thence North 80° 44' 50" East along said right-of-way line, 1 ,320.10 feet; Thence continuing along said right-of-way line North 000 09' 50" East, 915.91 feet; Thence South 89° 50' 10" East, 50.00 feet to the True Point of Beginning; Thence North 00° 09' 50" East, 339.33 feet; Thence South 89° 06' 00" East, 339.33 feet; thence along the arc of a curve to the left whose central angle is 90° 44' 10" and whose radius is 335.00 feet and whose long chord bears South 450 31 ' 55" West, 476.80 feet to the True Point of Beginning, containing 0.57C acres, with all its appurtenances, and warrants the title to the same,subject to mow•_ .� ,ia'„H•K aYet,y - >•x'+ TATj,VESS WHEREOF said corporation has caused its corporate name to be hereunto subscribed .y,Gti 'i, \\2c ident,and its corporate sale to be hereunto affixed, and attested by its Secretary this Lin' q ' S'r Crete. ` t Y3 r�itlb��5JF417J of June A.D. 19 E..... °,j�1m,d,I� tr,;Y '. OGIi VY ZPJiIQATI NG AND LAND COMPANY AF"h:d"il...a.;'ro•o' Nanw S•1<cv C-c/a 77:.yrt., By7✓ Min- .'211 c Secretary President STATE OP COLORADO COUNTY OF } ss. The foregoing instrument was acknowledged before me this 211th day of June A.D. 19 67, by Glenn peppe 13 era•4 9gsiident and hhirley...waymaa as Secretary of ..5':r;, n . {t'igatit,g and Land Company cr^'Q G:�•. a corporation. -a i'�s�" NEJS my hand and official seal. , , •-•—Mk wpission Expires: : 42_ _ _% ,c7.6 y --) •.,rT£o r°°,:•� y�F Notary Public� INTERMILL LAND SURVEYING, INC. 1301 NORTH CLEVELAND AVENUE LOVELAND, COLORADO 80537 Phone: (970)669-0516/Fax: (970)635-9775 Email: steve.ils@gwestoffice.net LETTER OF TRANSMITTAL DATE: December 17, 2010 PROJECT NO: P-10-6909 TO: Kim Ogle Weld County Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 RE: RECORDED EXEMPTION NO. 5061 (Ogilvy Irrigation) WE ARE SENDING YOU: ( X) Delivery ( ) Mail ( ) Fax Page(s) ( X) Attached ( ) Under Separate Cover THE FOLLOWING ITEMS: Quantity: Description: 3 Paper copies for review (X) For your use ( X ) For approval (X ) Reply requested (X) For your files ( )For signature(s) ( ) Please return originals ( X )As requested (X ) For review/comment ( ) Other REMARKS: Hi Kim, Please find enclosed 3 paper copies of RE-5061 (Ogilvy Irrigation) for review. The Client would like to record this RE this year so if there is anything you could do to expedite the plat review and recording, it would be greatly appreciated. Please call with any questions or concerns. Thanks. Sincerely; INTERMILL LAND SURVEYING, INC. Steve Stencel PLS 30462 BOARD OF DIRECTORS NORTH WELD C•TY WATER DISTRICT CHARLES ACHZIGER at. c 32825 CR 39 • LUCERNE, CO 80646 RALPH PRIOR Z Q NELS NELSON DON POSSELT, DISTRICT MANAGER ROBE STILLS ESTABLISHED P. BOX 56 • PHONE (970) 356-3020 • FAX(970) 395-0997 RBERTARNBRECHT 'r ,r7 vvATER O www.nwcwd.org • e-mail: water@nwcwd.org October 4, 2010 Ogilvy Ditch Company Robb R.Casseday Attn: Donald Wacker 1711 61st Ave. 822 7th Street,Suite 760 Suite 206 Greeley,CO 80631 Greeley,CO 80634 This letter is in response to your inquiry regarding water service to the following described property, Approx.32611 CR 35 Proposed Lot A;Approx 2431 N. 35th Ave Proposed Lot B;Approx.3923 AA Street Proposed Lot C, in a portion of the E'%of Section 23,a portion of the SW'%of Section 24,a portion of the NW'%of Sections 25,and a portion of the NE Y of Section 26,T6N,R66W of the 6h Prime Meridian. Parcel 080525200005 1. Water Service is presently being provided to the above mentioned property through meter ft 2. North Weld County Water District is able and intends to provide water service to the above-mentioned property, provided all requirements of the District are satisfied. If contracts have not been completed with North Weld County Water District within one year from the date of this letter,the District may refuse to supply water to the above-mentioned property. The District reserves this right to refuse service, in the event that raw water is unavailable,and/or pipeline or Filter Plant capacity is not capable to provide additional service. Before a water tap may be purchased,the applicant must provide a copy of a Warranty Deed,a Physical Address,and this letter. 3. As additional consideration for this Letter of Intent to provide service, Property Owner agrees to sign and execute any necessary Easements and Rights-of-Way regarding specific locations,widths,size of pipeline(s)and descriptions for Water Lines as determined by the District. This Agreement is conditional upon execution and recording of the Easement and Right-of-Way Agreement,and until such Easement and Right-of-Way Agreement is finalized to the satisfaction of the District and recorded, District shall not be required to provide any services of any type. 4.The District recommends that based on the number of family members and livestock along with other information provided in the Water Tap Request Form,your irrigated landscaping square footage not exceed approx.6,000 square feet. The recommendation is based on the Full Standard Tap allocation and should be utilized to optimize delivery without surcharge. Additional allocation should be purchased for landscaping areas larger than the recommended area. 5. The District recommends that anticipated raw water be purchased through the District. The District guarantees treatment and delivery of raw water purchased. All water that is delivered over the allocation (with surcharge) is subject to water availability. Water purchased through the District shall be 70%delivery of an Acre-Foot of water,if the allotment for Colorado-Big Thompson(CBT)project water,which is determined by the Northern Colorado Water Conservancy District,is 50%or greater. North Weld County Water District will restrict the delivery as necessary when the CBT allotment is less than 50%. A portion of the Raw Water Fee is utilized by the District to construct storage reservoirs. 6. Tap Options and Requirements Raw Raw Water Plant Distance Meter Water Allocation Plant Investment Water Storage Fee Investment Fee Set (Annually) Allocation Fee (Annually) _ Full Standard 100% 100% 100% 100% 100% 228,000 Gallons 228,000 Gallons Tap _ Lot Size greater than 0.33 Acres(14,500 sq ft) _ 75%Tap 175% 75% j 75% I 75% I 100% I I 171,000 Gallons I 171,000 Gallons Lot sizes greater than 0.20 acres(8,800 sq ft)but less than 0.33 Acres(14,500 sq ft)OR Restrictions landowners with verifiable irrigation rights or well permits for outside water use _ 50%Tap I 50% 50% I 50% I 50% I 100% I I 114,000 Gallons 114,000 Gallons _ Lot size less than .2 acres(8,800 sq ft)OR with a Board Approved Irrigation System OR a Restrictions Board Approved Commercial Enterprise Conservation 100% 100% 0 0 100% 228,000 Gallons* 0 Gallons Blue Tap If Qualified,taps may be used in combination with Conservation Tap(i.e.50%Water with a Restrictions Conservation 0 Plant Investment) *Gallons may vary depending on qualifying combination A tap may be allotted more than 1 unit of Water and/or Plant Investment. In this case the allotment is the class X 228,000 gallons=Annual Allocation. (i.e.Water Allocation 5 x 228,000= 1,140,000 gallons Annual Allocation) Surcharge will be assessed when an account's year to date usage exceeds the Water and/or Plant Investment Allotment. See Page 2 for Rates. P:\Legal Documents\Letter of Intent\2010\(2010-10-04)OgilvyDitchCompany.doc 1 of 2 BOARD OF DIRECTORS NORTH WELD C•TY WATER DISTRICT CHARLES ACHZIGER Qot e �C 32825 CR 39 • LUCERNE, CO 80646 RALPH PRIOR \ NELS NELSON J v DON POSSELT, DISTRICT MANAGER GENE STILLS P.O. BOX 56 • PHONE (970)356-3020 • FAX (970) 395-0997 ROBERT ARNBRECHT 'r S WATER o www.nwcwd.org • e-mail: water@nwcwd.org October 4,2010 The Tap Fees quoted below,shall be valid for ten(10)business days from the date the applicant receives this letter and the tap fees must be paid within the ten(10)business days to receive the fees as quoted below. The Meter Set Fee as stated below is valid only for the location shown on the attached map. After ten(10)business days,the costs will be subject to the then in effect rates(current cost)established by the District. The District is not responsible for notifying individuals,banks,lenders,prospective buyers,real estate agents or anyone else,in any manner,of a change of rates and or fees. — TAP FEES(Assumed for Full Standard Tap) INSTALLATION COST Raw Water for One Acre-Foot Unit(AFU) $8,500 Meter Set Fee Lot A $3,000 _ Storage Fee Portion of Raw Water Fee $1,000 Meter Set Fee Lot B $4,000 Base Portion of Plant Investment Fee $7,500 Meter Set Fee&Line Extension for Lot C Distance Portion of Plant Investment Fee $4,800 A&C $9,960 (16 miles for Lots A&C, 17 Miles for Lot B) $5,100 B TOTAL Up Front COSTS For STANDARD TAP(See Lot A$24,800.00 Full Std Tap/$12,500.00 Conservation Blue Tap Paragraph 6 for Options)PER TAP Lot B$26,100.00 Full Std Tap 1$13,500.00 Conservation Blue Tap Lot C$31,760.00 Full Std Tap/$19,460.00 Conservation Blue Tap Price is valid for ten(10, business days from receiving this letter. Minimum Pressure 35 Normal Pressure Range 70 psi to 90 Maximum Pressure 110 After the water tap has been purchased(Raw Water AFU&Plant Investment Fee)the applicant has one year in which to have the meter set. The District requires 45 days prior notice to setting a meter. If the meter has not been set within twelve months from the purchase date and the applicant requests to relinquish the meter,the District shall refund the applicant 98%of the purchase price paid by applicant. If the meter remains unset for thirteen to eighteen months after the initial purchase date and the applicant requests to relinquish the meter,the District shall refund the applicant 90%of the purchase price paid by applicant. If the applicant does not choose to relinquish the meter within one year of the applicant purchasing the meter and the meter remains unset,the account will begin billing the minimum monthly amount. Usage Rates and Fees Usage Amount Charge or Rate Per Month 0 to 10,000 gallons $29.00 Minimum 10,000 gallons and up $2.90 per 1,000 gallons Water Surcharge Surcharge will be assessed when an account's year to date usage exceeds the annual water allotment. Currently the surcharge is $0.10 per 1,000 gallons in addition to the standard monthly usage fee. This fee is to recover the Districts cost to obtain additional water rights for delivery. Rate Differential Charge North Weld County Water District's customers have the option of transferring Colorado Big Thompson(CBT)Project Water that they own or control to the District,on an annual basis. This water is utilized to increase the amount of raw water allocated to a tap. The District will treat and deliver this water without water surcharge. A Rate Differential charge of$25.00 per acre-foot will be assessed on all of these transfers. Plant Investment Surcharge Surcharge will be assessed when an accounts year to date usage exceeds the Plant Investment Allotment. The transfer of additional water will not remove this charge. Additional Plant Investment Units must be purchased to increase the allotment and reduce the Plan Investment Surcharges.These rates are in addition to the standard monthly usage fee. 0 to 456,000 gallons above the Plant Investment Allotment $3.50 per 1,000 gallons More than 456,000 gallons above the Plant Investment Allotment $1.75 per 1,000 gallons Sincerely, Alan Overton North Weld County Water District P:Uzgal DocumentsU.etter of IntenP2010X2010-10-04)OgilvyDitchCompeny.doc 2 of2 Hello