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Home My WebLink About20102505.tiff ( ic?i:;;;\\\ DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW COLORADO Applicant: Viaero Wireless RE-5004 Planner: C. Gathman Legal Description: Part of the S2SW4 of Section 32, TBN, R64W of the 6th P.M., Weld County, CO. Parcel ID#: 0549 32 000004 Lot A Size: +/- 10 acres Lot B Size: +/-70 acres Water Source: Lot A: Cellular Tower Site Sewer System: Lot A: Cellular Tower (No Water Required) Site (No Septic required) Lot B:Vacant(Proposed Lot B: Proposed Septic Well) 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. 2010-2505 2. The applicant has proposed a well as the source of adequate water for Lot B. Property owners are advised that the quantity of water available for usage may be limited to specific uses, i.e., "Domestic Use Only," etc. Because each situation is unique, the Department of Planning Services encourages property owners to contact the Office of the State Engineer, Division of Water Resources (1313 Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866-3581), to discuss each individual situation. 3. The West Greeley Soil Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on site soils. 4. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 0549-32-3 RE-5004 B. Lot A utilize one access point as no additional accesses shall be granted. C. Lot B shall utilize one access point as no additional accesses shall be granted. D. 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 County4s 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. E. County Road 51 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full build out. The applicant shall verify and delineate on the plat 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. These roads are maintained by Weld County. F. The applicant shall address the requirements (concerns) of Weld County Public Works, as stated in the referral response dated 2/16/2010. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. G. 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. Net acreage calculations should not include reserved road right-of-way. H. 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. I. 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 df any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption in accordance with Section 24-8- 20.C.1 of the Weld County Code. 4) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 5) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot B has an adequate water supply of sufficient quality, quantity and dependability. 6) Prior to the release of building permit, the applicant shall submit evidence of approval from the Galeton Fire Protection District to the Weld County Building Department. 7) 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. 8) 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. 9) 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. 10) 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 Section 15-1-40 of the Weld County.Code. 11) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requiremejnts 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. 12) 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) 13) 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) 14) 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. 5. 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. 6. 1n 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 $ 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 mapsco.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. By Date March 17, 2010 Chris Gathman 11 Planner III -AICP WELD COUNTY,COLORADO PARTMENT OF PLANNING SERVICES 918 10Th STREET GREELEY,CO 80631 PHONE:970-353-6100,EXT.35401 FAX: 970-304-6498 Date: 20 !r Receipt No. • s Received From: Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PU D 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-FHDP/GHDP { 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC. ❑CASH O CHECK NO. • TOTAL FEE Receipted By: DL# Exp. - - -- - .. L._ WELD COUNTY,COLORADO I C _.APARTMENT OF PLANNING SERVICES O i 918 10Th STREET GREELEY,CO 80631 PHONE:970-353-6100,EXT.35401 FAX:970-304-6498 I is Dates i J 20 Receipt No. q ,, , , ' i l Received From: 1 --' 1 Permit Type No. Description Fee ! i 4221-RE/SE NMI 4221-ZPMH NM 4221-U SR 11111111.1111 4221-SITE PLAN REVIEW III 4221-CHANGE OF ZONE 11111 MI� 4221-PUD 4221-MINOR/MAJOR SUB11111111111 III #OF BUILDABLE LOTS MEM 4221-ADDITIONAL 30% 111 FEE FOR SUB's Mil 4221-RE-SUBDIVISIONS 4221-BOA illimm NM 4221-FHDP/GHDP Mil 4430-MAPS/POSTAGE MOM. j 4430-COPIES IIII - rr 4730-INVESTIGATION FEE IIII I 6560-RECORDING FEE I MISC. 1 } ❑ CASH ❑,CHECK NO. , t ' l ` TOTAL FEE (.._.( `DL# Exp• Receipted By; , Chris Gathman From: Dan Griggs[griggsdan@gmail.com] Sent: Tuesday, April 20, 2010 10:28 AM To: Chris Gathman Subject: Re: RE-5004 plat Chris, Thank you for catching this. Please make the correction. Dan Griggs Contract Surveyors, Ltd. On Tue, Apr 20, 2010 at 10:06 AM, Chris Gathman <cgathmanOco.weld.co.us> wrlote: Dan, I saw one minor item on the Re-5004 plat that should be corrected. It lists the mother parcel description as the East 1/2 of the section when it should read the West 1/2 of the section. With your permission (via e-mail) I can change "East" to "West" on this description. Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 1 Chris Gathman From: Chris Gathman Sent: Tuesday, March 16, 2010 7:31 AM To: 'Bob D. Hirsekorn' Subject: RE: East of Ault Bob, A few minor changes: 1) Remove the Department of Planning Services Administrative Review Certificate 2) The Property Owner' s Certificate should be revised to match the language on page 11 of the USR application. 3) A Planning Commission shall be added (as shown on page 11 of the USR application). 4) Just a clarification: The finalized mylar plat shall be in black ink (hot in color) as indicated in the pdf attachment. The weblink to the USR application is: http://www.co.weld.co.us/departments/assetsja87b8C70789Ad06Cb44D.pdf Let me know if you have any questions. FYI: I did get clarification from our County Attorney re: the setback question. For these sites we are viewing it from the property line vs. the edge of right-of-war. In regards to the recorded exemption plats. I simply need to see a pdf of the plat map (showing any revisions to the boundary) prior to finalizing my Recorded Exlemption comments. This East Ault Attachment will work for RE-5004. I will proceed with finalizing these comments. Let me know if you have any questions. Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 918 10th Street, Greeley, CO. 80634 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 Original Message From: Bob D. Hirsekorn [mailto:Bob.Hirsekorn@viaero.com] Sent: Monday, March 15, 2010 1:35 PM To: Chris Gathman Subject: FW: East of Ault Chris, 1 Kristine Ranslem From: Kristine Ranslem Sent: Friday, February 05, 2010 9:44 AM To: Bob.Hirsekorn@Viaero.com' Subject: RE-5004& RE-5003 Attachments: Applicant letter.pdf;Applicant letter.pdf Please see attached letters. K Y%st%vl E RGl i.cievu Planning Technician Weld County Planning Services 918 10 Street, Greeley CO 80631 970-353-6100 ext. 3519 1 (irif***1\ it, DEPARTMENT OF PLANNING SERVICES 918 10TH Street GREEII.EY,CO 80631 PHONE: (970)3534100, Ext. 3540 FAX: (970)304-6498 • COLORADO February 4, 2010 Viaero Wireless do Bob Hirsekorn 1224 W Platte Av Ft Morgan CO 80701 Subject: RE-5004 - A Recorded Exemption located on a parcel of land described as W2 of Section 32, T8N, R64W 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 the 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, Reason:I have reviewed this document Location:918 10th St,Greeley CO likA4 i Date:2010.02.05 09:26:23-07'00' Chris Gathman Planner If etrill' DEPARTMENT or PLANNING SERVICES NORTH OFFICE , 918 10Th Street COLORADO GREELEY, CO 80631 PHONE: (970)353-6100, Ext.3540 FAX: (970)304-6498 Application being submitted: .(<` & a x: •41?-uK-:p', 'CM Submittal fee: l i d Check# ^ 3 1 Cash Name of person submitting: A t(t k.>e k t v �s e r C. c IT—Cc - s t /944". ``I t • Contact name(if different from above): DC:L2 _ YC' r r\ Telephone number: 30 3 " �)3 -fig 2 E-mail: hc', . N; n -Caj • The Department of Planning Services is accepting the paperwork for this Land Use Application with the understanding that the application has not been determined to be a complete application with all of the appropriate documents and exhibits. The.Department of Planning Services will determine prior to the end of the next business day whether the submitted documents are in compliance with the Weld County Code,and as such,shall be deemed a complete application. The Department of Planning Services shall also determine prior to the end of the next business day whether the submitted fees are appropriate for the requested application. Should there be a discrepancy with your application, the Department will contact the applicant/applicant's representative via telephone. Land use cases will not be set up or processed until the requested application materials have been submitted and the appropriate fees paid. Thank you for your assistance and cooperation. ft I understand and agree to the conditions stated herein: i� . �� (c\i, 0 Signature Signature of staff member received from: 1 ;. '' Date: >> �% i . APPLICATION FLOW SHEET COLORADO APPLICANT: Viaero Wireless CASE #: RE-5004 REQUEST: Two-Lot Recorded Exemption LEGAL: W2 of Section 32, T8N, R64W of the 6th P.M.,Weld County Colorado. LOCATION: East of and adjacent to CR 51 and 1 mile south of CR 90 PARCEL ID#: 0549 32 000004 ACRES: 314 +/-Acres Date By Application Received Application Completed 2/2/10 CG Referrals listed 2/4/10 KR Vicinity map prepared 2/4/10 KR File assembled IiD Case logged in computer Letter to applicant mailed 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 Date By Plat recorded and filed e ��Lt,%, tri ! h Overlay Districts Zoning Agricultural MUD Yes No_x_ IGA Yes No_x_ Airport Yes No_x_ Geologic Yes Na_x_ Flood Hazard Yes No_x_ RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# 1$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 0 5 4 9 _ 3 2 . 0 _ 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. ) Legal Description West 1/2 , Section 32 , Township8 North, Range64 West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes No X Is this parcel of land, under consideration,the total contiguous land owned by the applicant? Yes No X FEE OWNER(S)OF THE PROPERTY: Name: James Thane Turner III Work Phone# 806-249-0709 Home Phone# Email Address Address:12020 FM 3139 City/State/Zip Code Dalhart/Texas/79022 APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany all applications signed by Authorized Agent) Name:Viaero Wireless,Bob Hirsekorn Work Phone# 970-542-3823 Home Phone#303-243-1149 Email Address bob.hirsekorn@viaero.com Address: 1224 W.Platte Avenue City/State/Zip Code Fort Morgan/Colorado/80701 Lot A Lot B Lot C Lot D Smaller Parcel Water Source None Required None Required Type of Sewer None Required None Required Proposed Use Tower CRP Acreage 5 75 Existing Dwellings? If Yes, list address If Yes, list address If Yes, list address If Yes, list address ciAr, below: below: below: below: �aao4 � p •IDt If the property is vacant or unimproved write propose water source and proposed sewer sysfem for each parcel in the blanks above. For y 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 ofCountyCommissioners. 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, not ' ed evidence must be included showing the signatory has the legal authority to sign for the corporation. 4 11 114 ~- /-Le-Zia Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date (4( DISCLOSURE LETTER November 18, 2008 Weld County Planning and Zoning North Weld Building 918 Tenth St Greeley CO 80631 Dear Sirs: I hereby acknowledge my full awareness of the application/request being presented to Weld County by NE Colorado Cellular, Inc. d.b.a. Viaero Wireless for a special use review for a cellular communications facility on a parcel of land in the W 1/2 of Section 32, Township 8 North, Range 64 West and a subdivision exemption for the same parcel. I hereby acknowledge that Robert Hirsekorn will be the authorized representative in the matter. Sincerely, I+14V -N i✓ rte./ a -. James Thane Turner E. Ann Turner Print Form RECORDED EXEMPTION (RE) SUBMITTAL CHECKLIST APPLICATION REQUIREMENTS: K' 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 of the corporation)to sign the application. K One digital or eletronic copy of completed application materials, if required K One original completed Recorded Exemption questionnaire plus three copies. X One legible 8-1/2"by 11"map drawn to include the following items plus three copies. I I North arrow 7 Estimated boundary of the property ❑ All existing and proposed lots (including approximate size in acres) 7 Easements and/or rights-of-way Existing roads/highways abutting the property All existing structures including: dwelling(s), mobile homes, outbuildings, pens, irrigation ditches, oil and gas well production facilities, or other unique characteristics X 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. 60 4 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 NIWater Supply Information Summary. 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 lot. One original Certificate of Conveyance(COC)form and all attachments provided by the title company. One copy of statement from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. (v4 One original Acreage Waiver form, if applicable. 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 ( RECORDED EXEMPTION QUESTIONNAIRE 1. Water supply statements addressing the following: a.Domestic use b.Irrigation water. No water will be required as this will be an unmanned facility. 2. A statement explaining that the proposed lots will have an adequate means for the disposal of sewage incompliance with the requirements of the underlying zone district and the Weld County Department ofPublic Health and Environment. No water will be required as this will be an unmanned facility. 3. A description of how the property is being used. Where 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, laborhome,mobile home,manufactured home, barn,outbuildings, and oillgas well production facilities on theproperty. If the property is being farmed the location of any pivot sprinklers and irrigation ditches as well as types of crops being produced. The 80 acres is located in the Agricultural Zone District in the South 1/2 of the Southwest 1/4 of Section 32, Township 8 North Range 64 West of the 6th Prime Meridian in Weld County, Colorado. The lot is currently in CRP. There are no improvements on the land 4. A description of the location,size,present and future use of the area where the proposed new lot(s) will becreated. (Example - "The new lot will be approx five acres in size and located west of and adjacent to CR. and the north boundary of the property. It is being created to be sold for a single family dwelling site.") The new lot will be approximately 5 acres in size along the South section line of Section 32 and approximately 1/2 mile East of CR 51. It is being created to be sold to NE Colorado Cellular, Inc., d.b.a Viaero Wireless. Viaero is proposing to place a cellular facility on the lot. S. A statement describing any unique physical characteristics on the site. There are no unique physical characteristics on the site. 6. A statement indicating where a primary building envelope and/or alternative building envelope will be designated on any of the lots. The only thing on the lot will be a cellular tower, an equipment building,a generator and a propane tank. The attached drawing indicates the proposed layout. 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)? There are no businesses or Use by Special Review permits on the property. Applications are in process for a permit to build a cellular communication facility. Weld County Treasurer Statement of Taxes Due Account Number R0605386 Parcel 054932000004 Assessed To TURNER JAMES THANE III& CIO JAMES TURNER 11 12020 FM 3139 DALHART,TX 79022 Legal Description Situs Address 10335 W2 32 8 64(6R) Year Charges Billed Payments Balance 2008 Tax $473.39 $473.39 $0.00 Grand Total Due as of 12/22/2009 $0.00 Tax Billed at 2008 Rates for Tax Area 3864-3864 Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 16.804000* $131.41 AG-DRY FARM LAND $13,602 $3,940 SCHOOL DIST RE2 30.149000 $235.75 OTHER BLDGS.- $13,392 $3,880 GALETON FIRE 4.000000* $31.28 AGRICULTURAL AIMS JUNIOR COL 6.323000 $49.45 Total $26,994 $7,820 HIGH PLAINS LIBRARY 3.260000 $25.50 Taxes Billed 2008 60.536000 $473.39 *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 Pursuant to the Weld County Subdivision Ordinance, the attached Statem nt(s) of Taxes Due, issued by the Weld County Treasurer, are evidence that,as of this date, all roperty taxes, special assessments and prior taxes liens currently due and payable connected wi h the parcel(s) identified therein have been paid in full. Si ned Date 7 �Z'_' g r� REFERRAL LIST Name: Viaero Wireless Case#: RE-5004 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 _Sheriffs Office _Eaton _Eaton F-4 x Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans __Frederick Airport Authority _Firestone x Galeton F-6 _Building Inspection _ Fort Lupton _Hudson F-7 x Code Compliance Ann _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 _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 _Kersey 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 Windsor/Severance F-17 Division of Wildlife _New Rayner _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 _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-2 _USDA-APHIS Vet Service _Central Cola 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 REFERRAL LIST Name: 'U t(� (1U.t� Case#: :. mod 1/ County Towns & Cities Fire Districts _Attorney _Ault Ault F-1 _ICHealth Department _Berthoud Berthoud F-2 Extension Office Brighton Briggsdale F-24 Emergency Mgt Office-Ed Herring _ Dacono _Brighton F-3 _Sheriffs Office Eaton Eaton F-4 _ XPublic Works • Erie _Fort Lupton F=-5 Housing Authority EvansGafeton F-6 Airport Authority Firestone Hudson F-7 Building Inspection Fort Lupton Johnstown F-8 Code Compliance )(-N.-Ann_S-Beth Frederick LaSalle F-9 Kim Ogle(Landscape Plans) Garden City • Mountain Vievv 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-1 3 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 IA) . g-iocl South Hwy 66 (Loveland) _Northgienn Parcel ID# 6 6 ' ttket)U4• North Hwy 66(Greeley) _Nunn Zone I% Acres? 3(L/ _ Division of Minerals/Geology Pierce USDA P,h,L.r /f ;Yn 4-e�t_ Platteville Airport f�G �7 Y Soil Conservation Districts Severance Geo Haz Alt) _Big Thompson/FTC _Thornton FP? 1\10 Panel # �Soulder Valley/Longmont Windsor IGA? /\.(C} ORD# _Brighton/SE Weld MUD? V G Centennial Counties �Greeley/West Greeley Adams Platte Valley Boulder West Adams Broomfield T_Little Thompson __Larimer Federal Government Agencies Other _US Army Corps of Engrs )C School District RE- A USDA-APHIS Vet Service Central Colo. Water Conservancy Dist Federal Aviation Admin(Structures RR j-- ] over 200 ft or w/in 20000 ft of Pub _Ditch Company, Airport �Att Elmquist(MUD Area) Federal Communications Comm Commissioner Kristine Ranslem From: Kristine Ranslem Sent: Friday, February 05, 2010 9:40 AM To: Ann Siron; 'sandra.billings@state.co.us; 'troy.florian@state.co.us'; 'tunrein@eaton.k12.co.us'; 'firemanswain@gmail.com' Subject: RE-5004 Referral Attachments: Referral.pdf; Application.pdf; Map.jpg We have just received a case (RE-5004) in which we ask that you review the attached material and send a referral to us by March 4, 2010. Attached is the application, map and referral sheet. You may send your comments to the Planner assigned to this case, which is Chris Gathman (cgathmanCrt?_co.weld.co.us) If you have any problems or have any questions, please don't hesitate to contact me at the number below. Thank you! t<.Yzsti,v+.e RavtsLevv. Planning Technician Weld County Planning Services 918 10 Street, Greeley CO 80631 970-353-6100 ext. 3519 1 Print Form Weld County Planning Department GREELEY OFFICE FFFR 1 q 7f?14? RECEIVED (44 t APR\ Weld County Referral February 4, 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Viaero Wireless Case Number RE-5004 Please Reply By March 4, 2010 Planner Chris Gathman Project Two Lot Recorded Exemption Legal W2 of Section 32, T8N, R64W of the fith P.M.,Weld County, Colorado. Location East of and adjacent to CR 51 and 1 mile south of CR 90. For a more precise location, see legal. Parcel Number 0549 32 000004 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: We have reviewed the materials submitted and find no issues with this application. ( '(A: Signature Clinton D.Swain,Captain / Date 02/05/2010 Agency Galeton Fire Department ANeld County Planning Dept. 191810th Street Greeley,CO.80631 2(970)353-6100 ext.3540 1970)304-6498 fax Pd t Weld County Referral February 4, 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Viaero Wireless Case Number RE-5004 Please Reply By March 4, 2010 Planner Chris Gathman Project Two Lot Recorded Exemption Legal W2 of Section 32, T8N, R64W of the 6th P.M.,Weld County,Colorado. Location East of and adjacent to CR 51 and 1 mile south of CR 90. For a more precise location, see legal. Parcel Number 0549 32 000004 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. VWe have reviewed the request and find that it does/does not comply with our Comprehensive Plan e have reviewed the request and find no conflicts with our interests. r See attached letter. E Please notify me of any public hearings regarding this request. Comments: 1.,q_20"1 V U t O At eGt_mrU& W 4 d &Le 0-/(1-(a fits' -Q r . Signature Date p-16-1() Agency $Weld County Planning Dept. 7/918 10in Street Greeley,CO.80631 7/(970)353-6100 ext.3540 7/(970)304-6498 fax ,kilf\--Z:4„. Weld County Referral February 4, 2010 RECEIVED COLORADO! FEB - 8 2010 Weld County Public Worl<a The Weld County Department of Planning Services has received the following item for review: • Applicant Viaero Wireless Case Number RE-5004 Please Reply By March 4, 2010 Planner Chris Gathman Project Two Lot Recorded Exemption !Legal W2 of Section 32,T8N, R64W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 51 and 1 mile south of CR 90. For a more precise location, see legal. Parcel Number 0549 32 000004 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. .l See attached letter. O Please notify me of any public hearings regarding this request. Comments: Signature p l _ l Co- /e2 Agency W , Date ❖Weld County Planning Dept. ❖918 10th Street Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax Weld County Planning Department GREELEY OFFICE MEMORANDUM FIR 1 8'n'n TO: Chris Gathman, Planning Services DATE: February 16, 2010 FROM: Donald Carroll, Engineering Administrator, Public Works tot COLORADO SUBJECT: RE-5004, Viaero Wireless 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 Road Classification Plan (FHU): (June 2002) WCR 51 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: Road Access Policy: (Policy Established Sec. 8-2-10) Direct access from a public road will be limited to one (1) per legal parcel, except as further limited or restricted by zoning or subdivision regulations. Additional accesses may be approved by the Department of Public Works or the Board of County Commissioners. This policy shall apply to all new and existing accesses within the unincorporated areas of the County. Properties within municipalities or other counties which access County roads are subject to this policy. If a drainage culvert is required, a 15-inch corrugated metal pipe is the County's minimum size requirement. If the applicant chooses to place a larger culvert, please contact the Public Works Department to adequately size your culvert. (Lot A) Contact the Public Works Traffic Engineer for new access requirement. (Lot A) 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. Flood Hazard Development Standards: This area is not in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency(FEMA). Contact Amy Burry, Utility Coordinator for Weld County Public Works, at (970) 304-6496 ext. 3764 for a Right-of-Way permit for any work that may be required in the right-of-way on WCR 51. A special transport permit will be required for any oversized or overweight vehicles that may access the site and may be obtained by contacting Amy as well. pc: RE-5004 M:IPLANNING-- DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-50041RE-5004.docx WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H St PO Box 758 Greeley CO 80632 Phone: (970 )356-4000 x3750 Fax: (970)304-6497 Road File#: Date: 1,/1(a ii 0 RE# : Sooce Other Case#: 1. Applicant Mame 44r19 ire-1€.55, C_,So 1--/r 6:14^-,` Phone .$D. - D-(k3 - // Address ",„294 fi✓. '}�( �. Ave City pr h State CO Zip 2P2°( 2. Address or Location of Access S"" 302-t04..;) Section 3 Township gjt) Range lei Iv Subdivision Block Lot Weld County Road#: SI Side of Road z --r Distance from nearest intersection ( 3. Is there an existing access(es)to the property? Yes No .1' #of Accesses 4. Proposed Use: .( Permanent 0 Residential/Agricultural 0 Industrial 0 Temporary 0 Subdivision 0 Commercial 0 Other 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential O&G = Oil&Gas D.R. = Ditch Road O House /0 = Shed = Proposed Access 1.6 <�.-- = Existing Access AS6 446 — "n, **********,.**************************** OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions 0 Installation Authorized 0 Information Insufficient Reviewed By: Title: -9- Weld County Planning Department CREELEY OFFICE IFR 2 3 7fi1l MemorandffJW TO: Chris Gathman, W.C. Planning DATE: February 19, 2010 • FROM: Mary Evett, W.C. Department of Public COLORADO Health and Environment CASE NO.: RE-5004 NAME: Viaero Wireless Environmental Health Services has reviewed this proposal to exempt 5 acres from an 80 acre site. Proposed lot A will consist of 5 acres and a Use by Special Review application has been submitted (USR-1728) for a telecommunication tower on this proposed lot. As no employees will be located at the site, permanent water and sewer are not required. Proposed lot B will consist of 75 acres and is currently vacant. An individual sewage disposal system and an individual well will be installed on proposed lot B when a residence is constructed. The following conditions are recommended to be part of any approval: 1 . A Weld County Septic Permit is required for the proposed home septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Please note, the lot owners shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sewer line. In accordance with the Weld County Code, if a sewer line exists within 400 feet of the property and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Additionally, please note the following: 1. This application is proposing a well as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. !LOCATION MAP A PROPOSED RECORDED EXEMPTION IN THE S,1/2 SWI/4 SECTION 32, TOWNSHIP 8 NORTH, RANGE 64. WEST, STHI P. I. COUNTY OF WELD, STATE OF COLORADO f1( il I 1 1 III 1 a !I ORIGINAL.PARCEL o III WW2 SECTION'32 1 l �� LEES320 ACRES 1 OR L SECT ON 32 . 1 1 iili W1 Il 1 1 I 1 ' N I 2696.4' 1 _ 1 LOT B R OR LESS a -�� i-# SI/2 SMS/4 - • I 1 SCCTIOEE 32 4. LOW A T I'I .0 A�- 709.10` i' - !�4'33'19'E 2659.04' m io N99'33'15'E 2639.09' SE PLS#2205)632 SW COP. SEC. 32 , Pl$ a22a50 VIAERO WIRELESS EAST OF AULT SITE 0 1000' 2000' CONTRACT SURVEYORS, LTD . I.. Ammemmommill 1! _Mt -M COMPLETE SURVEYING AND GLOBAL POSITIONING SCALE: 1" = 1OO0' k NOTE: THIS IS NOT A SURVEY. ALL DIMENSIONS 2133 SOUTH BEELLAIE E STNE6T #14 AND BEARINGS ARE APPROXIMATE AND WILL BE DENVER COL-ORAN B0222 VERIFIED IN THE FINAL SURVEY. (303) 758-3695 I CLIENT: VIAERO WIRELESS PREPARED: O1/O5/1O CSL # 10102-02 WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H St PO Box 758 Greeley CO 80632 Phone: (970)356-4000 x3750 Fax: (970)304-6497 Road File#: Date: RE#: Other Case#: 1. Applicant Name g4diro C.Ro -/-/ Phone .303 -94,3 —// Address ,102 W- ( ,,� ve City _MDnay\ State CO Zip g©?A2/ 2. Address or Location of Access Sew 3 Section 3A. Township q ) Range Coif k,/ Subdivision Block Lot Weld County Road #: Side of RoadEast- Distance from nearest intersection. 4-10. 3. Is there an existing access(es)to the property? Yes No )( #of Accesses 4. Proposed Use: M( Permanent 0 Residential/Agricultural 0 Industrial 0 Temporary 0 Subdivision 0 Commercial 0 Other ******************************************************************************************************************************* 5. Site Sketch Legend for Access Description: AG = AgriculturalL._ RES = Residential O&G = Oil& Gas D•R. = Ditch Road = House O = Shed = Proposed Access = Existing Access z Co .1. *************************************** OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions 0 Installation Authorized 0 Information Insufficient Reviewed By: Title: -9- CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES The HERITAGE 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 West Half of Section 32,Township 8 North, Range 64 West of the 6`h P.M., County of Weld, State of Colorado. CONVEYANCES(if none appear, so state): Reception No. 1408177 Book 1646 Page 379 NN, Reception No. 2365988 Book 1418 Reception No. Book Reception No. Book Reception No. Book 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 construed as an Abstract of Title nor an opinion of Title, nor a guarantee of Title and the liability of HERITAGE TITLE COMPANY, is hereby limited to the fee paid for this Certificate. In Witness Whereof, HERITAGE TITLE COMPANY, has caused this certificate to be signed by its proper officer this 25th day of November,2009, at Greeley,Colorado. Heritage Title Company Order No. H0263345.i V —'7 By: Authorized Signature • - • • INK I646•PA6ft77y •r Recorded et 'dock M. „... .. MAY 1 1963 .. • Reception i+Io..�. � I�. Ate!t Recorder. KNOW ALL MEN BY THESE PRESEN3'S,That EIXIAR J. non arid'HIROSHI TATEYA?IA of the • Oosnty 14.:- Weld ,and State of Colorado, for the consideration of Other valuable'Consideration and Ten • Dollars, In band paid,hereby sell and convey to ERR=ge INIBRIMIN and VDU= X. ONIERDCWN, as l! i °finent tenants Count of Weld Y ,and State of Colorado, the following real property,situate in the County of Weld and State of Colorado,to-wit: The North Half (N 1/2) of Section Thirty-eta (31), and the West Half (W 1/2) of the, Southwest Quarter• (SW 1/4) of Section Thirty-one (31), the West Half (W 1/2) of Section Thirty-two (32), all in Township Eight (8) North, of Range Sixty-four (64) West of the Sixth P.M., and the Southwest Quarter (SW 1/14) of Section Four (14), Township Seven (q) North, of Range Sixty-four (64) West of the Sixth (6th) P.M. together with all itn- proeneents thereon; EXCEPTING AND RESERVING ERITO THE GRANTORS an undivided one-eighth (1/8) of all oil, gas and other minerals lying in and under and that may be produced from said lands upon the actual prodriotion of oil and/or gas, together with the right of ingress and egress for the purpose of exploring for and removing the same, and the grantors, for themselves, their heirs, administrators and assigns, covenant and agree to convey to the grantees as joint tenants, the survivor of then, their assigns and the heirs aril asaigne of such survivor, an undivided one-sixteenth (1/16th) of oil, gas and other minerals that may be produced from said lands upon the actual production of oil and/or gas from the said lands. 1.1.1 4.1 alt • • " L. 4 J [ r .f ......'_ll .lit (1) with all its appurtenances,and warrant the title to the sane,subject to 1963 taxes due and payable in 1964; rights of way/&&Echea and highways over and across said lands; to oil and gas lease recorded in Book 1489 at pages 145 and 149, Weld County Records; to mineral reser- vations heretofore made as contained in deeds recorded in Book 1605 at page 337 and in Book 142O at page 430, Weld County Records; to the inclusion of the said property within the Galeton Fire Protection District; and subject to Deed of Trust to the Public Trustee for the use of Claude Brumley and Pearl V. Brumley, recorded in Book 1605 at page 339, Weld County Records, the obligations of which the grantees assume and agree to pay. It is hereby declared that title to the above described property is held by the grantees as joint i dtand delivered this 11th day of May -' ,A. D 1963 In the presence of gag ' r (BEAU • oc.,... • ctyccet ,(SEAL) F.ir shi Tateyama . STATE OF COLORADO, COUNTY OF WELD. 3' The foregoing instrument was acknowledged belore me this-...j./ . ,day of ..M*Y 19 63 ,§31,4'"Edgar J. Hoff and Hiroshi Tateyama. yJ •1VITN855'`4,hand and official seal. ++W'I.fpst st. expires t,"L C - .g'c. r'7, i & A i 00;e4 0; Y .... , Nntare 1'01'11, •It by Jaftkoi person or persons herein insert name or names;if by persons act•no in repre•entatiee or ofi,hal capacity t or as attnrney•indact, then 4401 name or person as executor, auorneyin•fact or other tap+city or dcacripbon; J Ly officer of corporation.then insert name of sack office or officers,as tire president or other officers'.I such corporation,non• ins It•-• STATUTORY ACKNOWLEDGMENT,SESSION 1927. WARRANTY DEED--Statutory Form _._...._ :T Recut — 1418 REC 02365988 12/27/93 16:16 $5.00 1/00]. AR2365188 Recel F 2102 MARY ANN FEUERSTEXN CLERII & RECORDER WELD CO, CD THIS DEED, Made thin day of RECORDER'S STAbITP le ERNEST R. UNDERDOWN AND V INN IE M. UNDERDOWN STATE DOCUMENT FEE Date A 7 f X ',/41)of the County of and State of ~ Colorado,of the first part,and JAMES THANE TURNER, III and E. ANN TURNER of the County of and State of Colorado,of the second part: WITNESSETH,that the said parties of the first pate for and in conaideratioe of the sem of other valuable consideration and Ten and No/100 DOLLAR'S, to the said part1eS of the first port in hanl paid by the said parties of the second part,the ratelpt whereof ie hereby confessed and admowledged,ha ye granted,bargained,sold and conveyed,end by Woe presents do grant,bargain,sell,convey and confirm unto the said parties of the second part,their heirs end miens forever,rot in tenancy In common out In joint tenancy,all the following described lot or parcel of land,situate,lying and being la the County of Weld and State of Colorado,to witr The W1/2 of Section 32, Township 8 North, Range 64 West of the 6th P.M., County of Weld, State of Coloredo DC(' TOGETHER with ail and singular the bereditammds end apportenances thereunto belonging, or in anywise g7� apportainIog,the reversion and reversions,remainder and rrmealnders,rents,issues end profit.thereof;and aD the `l estate, right, title, Interest, claim and demand whatsoever of the said parses of the tint part,either is taw or malty,of,in and to the above bargained premises,with the her abunente and appertenanees TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenanees,onto the said parties of the attend part,their heirs and assigns forever.And the said parties of the first part,for them eaves the iloin,esoeotors,and adminlatrators do covenant,trant,bargain and agree to and with the laid parties of the second pert,their heirs and assigns,that at the time of the ensealing and delivery of these pnsr Dub. they a revel'seized of the premises above conveyed, es of rood. Fore, perfect, absolute and indefeasible estate of inheritance,in law,in fee ample,and ha ye good right,full power and lawfol authority to grant,bar- gain,rail and convey the same in manner and forms sformaid,sod that the same are free and clear from all former and other grants,bargains,sales,Dens,taxes,asaessnsenta and encumbrances of whatever kind or nature toever. Subject to reservations, conditions, exceptions, easements and restrictions and rights of way as recorded in Book 86, Page 273; reservations as recorded in Book 677, Page 125 and Book 1605, Page* and tho*love bargained promises is the gnwst and pree.,L:o possession of the said parties of tho second part,tb,dr heirs ant assigns,against ell and every person or persona lawlaliy claiming or to claim the whole or any part the»rf, the said pestles of the first part shalt and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the said partle5 of the first part have hero tie seethe irben ; and seals the day and year first nbove written. *3471 mineral Interestses recorded in Book 1420, Page 430 and Book 99 Seams I� red�sr111hY eco s.g...1......, .. taxes , 94. Icti At ,: vrd r own (SEA I,1 1 a"znn e' a 'o C.lo.- '1 fssAn STATE OF COLORADO, m• tw abw v. County of • The foregoing instrument was acknowledged before use this i9'r 5,by Ernest R. Underdown and Vinnie M. Underdown - don expires •, ,, ,19•: .Witnesa my hand and aright seal. .=r r ,r • SLED--Ts feint Te mania—Bn!fr-Pebliebina Ca,42446 limit Smut,;carper,Colmsdo--i-1f • ••non or persona here toren nnn>o ar unman: If by person sct1nr,la entatlre or offlolal on IL,or ee on Insert n,l,a, „r person n. oaoeuser. attomey-In•i of or offic up�f mrT or dsaerlDrtoe i Ir by ot.rteor o � per �1•-•' • neon name or,wch rarer or arguers se 16s pt�dont or other officers of a,tcL mrpoewlNq nsm K—ec Ietsow �anteat,Sec.trt•G•t Colorado ltrvls,rd a:otutTc 11,14. Hello