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Parcel ID#: 096133100002 Lot A Size: +/-4.5 acres Lot B Size: +/-79 acres Water Source: Lot A: Existing Residential Sewer System: Lot A: Existing Septic# Well Permit(s)# 160052, SE-0400087 13108 & 73336 Lot B: Proposed Septic Lot B: Proposed 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. a o,0 -303y- 2. The applicant has proposed a well as the source of adequate water for Lot B. Property owners are advised that the quantity of water available for usage may be limited to specific uses, i.e., "Domestic Use Only," etc. Because each situation is unique, the Department of Planning Services encourages property owners to contact the Office of the State Engineer, Division of Water Resources (1313 Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866-3581), to discuss each individual situation. 3. Topographic or physical features of the proposed Lot B, such as ravines, ditches, streams etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. 4. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 0961-33-1 RE-4985 B. Lot A shall use the existing residential/oil and gas access points as no additional accesses shall be granted. C. Lot B shall use the existing agricultural access points necessary for agricultural operations as no additional accesses shall be granted. D. All approved accesses shall be clearly shown on the plat. E. County Road 52 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full build out. There is presently 60-feet of right-of-way. 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. This road is maintained by Weld County. F. County Road 43 is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. An additional 10 feet shall be delineated on the plat as future County Road 43 right-of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify and delineate on the plat 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. G. The applicant shall address the requirements (concerns) of the Weld County Department of Public Health and Environment, as stated in the referral response dated December 22, 2009. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. H. The applicant shall address the requirements (concerns) of the Colorado Division of Water Resources, as stated in the referral response dated December 9, 2009. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. /. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of 23-3-50.E of the Weld County Code. J. 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. K. 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. L. If demolishing or removing an existing structure, specifically a mobile/modular home, please contact the Weld County Treasurer's office at 970-353-3845, to ensure that the taxes have been paid and that this structure is removed from the tax roll. M. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption in accordance with Section 24-8- 20.C.1 of the Weld County Code. 4) Prior to the release of building permits, the applicant shall submit a recorded deed describing the 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 LaSalle Fire Protection District to the Weld County Building Department. 7) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically there after. 8) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non-buildable if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits. • 9) Should noxious weeds exist on the property, or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Section 15-1-40 of the Weld County Code. 10) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29- 1-20 and Section 29-3-20.6.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 11) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) 12) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) 13) Prior to the release of building permits on Lot B, the Lot owner shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sanitary sewer line. In accordance with the Weld County Code, if a sewer line exists within four hundred (400) feet of the property line and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. 14) In the event Weld County or any other governmental authority exercises its right to expand County Road 43 into the rights-of-way noted on this Recorded Exemption and such expansion requires the demolition, destruction, alteration, or taking of any improvements existing on the subject property as of the date this Recorded Exemption is recorded, the owner of the subject property shall be entitled to just compensation as determined in an eminent domain proceeding for such property and its improvements. This requirement shall be binding upon the parties regardless of the legal effect of whether the subject rights-of-way are reserved or dedicated. 15) The property owner acknowledges that mineral owners and lessees have real property interests that entitle them to surface use in accordance with Colorado State Statutes and applicable Colorado oil and Gas Conservation Commission regulations. (Department of Planning Services) 16) 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. - • 0 6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a$50.00 recording continuance charge may be added for each additional 3 month period. 7. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsPco.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 January 24, 2010 Chris Gathman—Planner III Plat Checklist POC Planner Item Comments Check Check Proper size and material 24" x 36" or 18"x 24"/Minimum 3 millimeter polyester sheet Lettering No stick-on lettering / Minimum 8 pt. lettering --' Boundaries of Lots !� Scale Suitable Scale?(1"=200'or 1"=100') ti Accesses indicated Shared Access? If so, is easement Certificate included? N 14"'') A jt Roads labeled, including R.O.W Building Envelope(s) N/A Vicinity Map Suitable Scale?(Minimum 1" =2000') North Arrow Legal Description Notes from Planner/ ' Noct 5 roc "\ = -\-o &.tk1 w( - Development Standards . Conditions of Approval X laz;A'.LA-kca-- tAg2.« ti-\64-"-NSonc_ecZ c(D0Ctiik' aIS `� st.-re-.\ c.,:_ k,i,w 6 Owner's Certificate Notarial Certificate included?All owners must sign the plat, check the deed. L/ Surveyors Certificate and All surveyed plats Surveyors Stamp Note: USR plats do not need to be surveyed !/ Director of Planning Notarial Certificate included?(RE, SE, SPR, Final PUD if Staff 1/ Certificate Approved) Planning Commission (USR, COZ, Minor Sub. Final) ' ;n Certificate Board Certificate (USR, COZ„ Minor Sub Final) ' / fS /t (Final PUD, RE, SE&ZPMH if Board approved) r Typical Road Cross Section (COZ,Final Minor Sub. and Final PUD) 3 (R Easements N //6l Please return the plat to the CAD Technician within 24 hours of receiving the plat. �jy. JI' Planner on Call: (Initials) 11 Planner Signature: °V� ` �•'Ci'� Date: 20O0 1 WELD COUNTY,COLORADO - 6EPARTMENT OF PLANNING SERVICES 918 10Th STREET GREELEY,CO 80631 PHONE:970-353-6100,EXT.3540/FAX:970-304-6498 Date: 20 Receipt No. 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-FH DP/GHDP 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC. ❑CASH 0 CHECK NO. TOTAL FEE Receipted By: DL# Exp. DEPARTMENT OF PLANNING SERVICES 1555 N 17th Ave Greeley, CO 80631 cgathman@co.weld.co.us C. PHONE: (970) 353-6100, Ext. 3537 FAX: (970) 304-6498 COLORADO July 20, 2010 Kirk Goble, The Bell 5 Land Company 710 11th Avenue, Suite 107 Greeley, CO. 80631 Re: Conditions of Approval: Recorded Exemption 4985 (RE-4985) Dear Mr. Goble: On January 27 2010 your application for a recorded exemption was administratively approved by the Weld County Department of Planning Services with specific Conditions of Approval. One of the required Conditions of Approval grants the applicants sixty (60) days to submit a Mylar Plat. In addition to the Mylar Plat all conditions outlined in the staff report needs to be completed. Should you choose not to complete the Recorded Exemption process and provide the required Mylar Plat, the Department of Planning Services will need to be notified in writing of your decision to withdraw the application. Planning Services Staff is aware of the difficulty and associated delays in meeting the Conditions of Approval normally associated with land use cases, and is willing to work with you in completing your request. Please notify the Department of Planning Services, in writing,within 10 working days of your decision to complete the recorded exemption within the next 30 days or withdraw. If you chose to withdraw the application please sign and date the enclosed form and return to the Weld County Department of Planning Services, Attn: Chris Gathman, 1555 N 17th Ave., Greeley, CO 80631. If you are unable to meet the Conditions of Approval and record the plat within 30 days of the date of this letter your case will be scheduled for a hearing before the Weld County Board of County Commissioners If you have further question, please contact me at the above address or call (970) 353-6100 x 3537. Sincerely, S Chris Gathman Planner III Chris Gathman From: Chris Gathman Sent: Thursday, May 13, 2010 11:39 AM To: taHesco@corncast net' Subject: RE-4985 plat Only changes I have to the plat: * County Note #1: revise 1st sentence to read: "All proposed structures will meet the minimum setback and offset requirements for the zone district in which the property is located." - Because - There are existing structures that are within the 200-foot oil and gas setbacks. * List the access point for lot B as "AG/Future Residential" Let me know if you have any questions. 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: Kirk Goble [Kirk@bell5.com] Sent: Thursday, May 13, 2010 11:45 AM To: Chris Gathman Subject: Re: RE-4985 Alles Attachments: Alles DWR Reply.pdf; ATT00001.htm Chris - Well: The well in question was found not to be located on this parcel. There are only 2 wells and both were approved by DWR. Ms. Joanna Williams from DWR sent you an e-mail at my request confirming same on March 9. I have attached the DWR referral and her e-mail answer. Septic: We waited until the new septic was installed and the surveyor has revised the parcel boundaries to be sure we have the required 10' setback. 1 • . From: "Williams, Joanna" <Joanna.Williams@state.co.us> Subject: RE: Weld County RE-4985 (Alles) Date: March 9, 2010 2:54:52 PM MST To: "Chris Gathman"<cgathman@co.weld.co.us> Cc: "James Alles"<jamesalles@comcast.neb, "Kirk Goble" <kirk@bell5.com> Good Afternoon Chris, Below is an email that we received regarding RE-4985. According to Mr.Goble Lot A will be served by wells 13108 (specified as 1308 in email) and 160052-A. Well 73336-A is not on the property. Please let me know if you need anything from our office regarding this situation, otherwise we will assume that our prior letter combined with the below email is adequate for your needs. Thanks Joanna Williams, P.E. Colorado Division of Water Resources 1313 Sherman Street, Room 818 Denver, CO 80203 Phone: 303-866-3581 ext:8265 Fax: 303-866-3589 Joanna From: Kirk Goble [mailto:kirk@be115.com] Sent: Tuesday, March 09, 2010 2:46 PM To: Williams, Joanna Cc: Chris Gathman; James Alles Subject: Weld County RE-4985 (Alles) Joanna Williams, P.E. - CO Division of Water Resources Ms. Williams - Thank you for your helpful reply via phone today. I'm writing regarding the attached referral from DWR sent to Weld County Department of Planning Services in reference to the application for recorded exemption filed by Alles, etal. I am the authorized representative for the Alles'. Per your letter, permits 1308 and 160052-A are for wells that are on the subject property and appear to be in accordance with the permit terms and conditions. Permit 73336-A was indicated as not being located on the subject property and that is, indeed, correct. Permit 73336-A is not located on this site and the permit was inadvertently included in the application. My applicants do not own that parcel - sorry for any inconvenience in the additional research. This e-mail is copied to Mr. Alles as well as Chris Gathman, the Planner at Weld County working on this case. Please reply to all to confirm your receipt and acknowledgment of this response or if you have additional questions. I appreciate your assistance with this matter. eirCri (� APPLICATION FLOW SHEET COLORADO APPLICANT: James Alles CASE #: RE-4985 REQUEST: Two-Lot Recorded Exemption LEGAL: Lot B RE-3880; located in Part of the NE4 of Section 33, T5N, R65W of the 6th P.M., Weld County Colorado. LOCATION: West of and adjacent to CR 43; south of CR 52. PARCEL ID #: 0961 33 100002 ACRES: 82.43 +/- Acres Date By Application Received Application Completed 12/2/09 CG Referrals listed 12/3/09 KR Vicinity map prepared 12/3/09 KR File assembled 01416.1 Oa- Case logged in computer Letter to applicant mailed Referrals mailed Field check by DPS staff k /2 3//0 L Administrative Review decision: Prypro u c j /2:7 t10 Board of County Commissioners hearing (if applicable) Date By County Commissioners Hearing Date Surrounding property owners notified Presentation prepared CC action: CC resolution received /� �Daate, l j� By Plat recorded and filed hi>, 74,91/ls r /'(/1(�]• IV /,kJ Q d Overlay Districts V " - Zoning Agricultural MUD Yes No_x_ IGA Yes No_x_ Airport Yes_ No_x_ Geologic Yes No_x_ Flood Hazard Yes_ No_x_ • • DEPARTMENT OF PLANNING SERVICES a 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 30404-6498 COLORADO December 3, 2009 Kirk Goble The Bell 5 Land Company 710 11`h Av, Ste 107 Greeley CO 80631 Subject: RE-4985 -A Recorded Exemption located on a parcel of land described as Lot B RE-3880; Part of the NE4 of Section 33, T5N, R65W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is approved. If 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. 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 Greeley and Evans Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Greeley and Evans Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Greeley at 970-350-9741 and Evans at 970-339-5344, for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. Sincerely, Chris Gathman Planner RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED RECEIPT/AMOUNT# $ CASE#ASSIGNED APPLICATION RECEIVED BY PLANNER ASSIGNED Parcel Number 096133100002 Legal Description Lot "B" RE-3880, Section f, Township 5 N, Range 15 W of 6111 P.M. Has the property been divided from of had divided from it any other property since August 30, 1972? ❑X YES NO Is this parcel of land,under consideration,the total contiguous land owned by the applicant? 0 YES NO FEE OWNER(S) OF THE PROPERTY: Name: James G. Alles. etal Work Phone#_ Home Phone # E-mail Address Address: 1959 26th Avenue Court City/State/Zip Code: Greeley. CO 80634 APPLICANT OR AUTHORIZED AGENT: (See Below:authorization is included in this application) NOTE:ALL CORRESPONDENCE FOR THIS APPLICATION IS TO BE DIRECTED TO: Kirk Goble, The Bell 5 Land Company 71011th Avenue, Suite 107 Greeley, CO 80631 PHONE: 970-356-1618 FAX: 970-392-1618 E-MAIL: kirkta'�be115.com Lot A (Lot B) (Lot_) (Lot_) Water Source Existing Well(s) Proposed Well Type of Sewer Existing Septic Proposed Septic Proposed Use Rural Residential Ag Production Acreage 4.5 +/- 79 acres +/- acres +/- acres +/- Existing Dwellings? ❑x YES NO YES ❑x NO YES NO YES NO Address? 24819 WCR 43 Greeley, CO 80631 c a'e-- "If the property is vacant or unimproved write proposed water source and proposed sewer system for each parcel in the blanks above. For example,if a well and septic is proposed state:proposed well,proposed septic. I (We)request that the following described property be designated a Recorded Exemption by the Weld County Board of County Commissioners. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my(our) knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included showing the signatory has legal authority to sign for the corporation. 'r�`- 1LL 11/09/09 Signature:Owner or Authorized Agent Date Signature:Owner or Authorized Agent Date Letter of Authorization James G. Alles. etal ,Landowner, hereby authorizes: Kirk Goble The Bell 5 Land Company 710 11th Avenue #107 Greeley, CO 80631, Preparer, To prepare and submit an application for Recorded Exemption to the Weld County Department of Planning Services on my/our behalf for land owned by me/us described as:. Lot"B" of RE -3880, being part of Northwest 1/4 of Section 33, Township 5 North. Range 65 West of 6th P.M., Weld County. Colorado I/We authorize the above to obtain information that may be required for said application from any appropriate agency or institution and I/We hereby authorize the release of said information for this purpose. I/We agree to indemnify and hold harmless the preparer of this application for claims made in this regard. This letter of authorization grants limited power-of- attorney to the preparer to sign documents on my/our behalf for the purposes of this application only. I/We agree to provide all required information and documentation in my/our possession to expedite the preparation and processing of the application. I/We understand that no guarantee of approval by Weld County officials is made or implied and that all fees paid are non-refundable. Signed this date: /7-02 - , 46017.P7 • Jar'p/e, G. Alles V RECORDED EXEMPTION QUESTIONAIRE 1. Water Supply Statement: a. Domestic Use:. Proposed Lot "A" is served by 3 domestic wells, registered under permit numbers 13108, 160052, and 73336, attached. b. Irrigation: Proposed Lot "B" is farmland irrigated with shares of Union Ditch and irrigation well No. 12801-R. 2. Statement regarding sewage disposal/septic: The dwelling on proposed Lot "A" is served by an existing septic system permitted by the Weld County Health Department under permit number SE-0400087, attached. Proposed Lot "B" is of sufficient size to be eligible for a future septic system. 3. Description of current use of the property: The current use of the property in total is as an irrigated farm and rural residence. 4. Reason for the Recorded Exemption and proposed use of the property: The applicants seek approval of a Recorded Exemption to separate improvements from the farmland for potential sale. 5. Description of location, size, use of new lots: Proposed Lot "A is located as shown on the plat and will be used as a rural residential parcel. Proposed Lot "B" is the balance of the parcel. The proposed use of Lot "B" is for agricultural production and would be a legal building site for one single-family dwelling. 6. Statement regarding unique physical properties: There are no unique physical properties of the parcel that affect the consideration of a Recorded Exemption. 7. Statement regarding structure setback requirements:All structures currently meet or will meet all setback requirements. 8. Statement regarding conservation easement: The applicant does not have need to establish a conservation easement at this time and has no plan to do so. 9. Statement regarding building envelope: The applicant prefers not to designate a building envelope as a part of this application. 10.Statement of consistency with Weld County Comprehensive Plan:This application is consistent with the provisions of the Weld County Comprehensive Plan. Particular attention has been given to preservation of prime agricultural lands wherever possible. 11.Statement of compatibility with surrounding land uses:The proposed uses of production agriculture and rural residence are consistent with the similar uses of all surrounding properties. 12.Statement of consistency with intent of the zoning district:All proposed and current uses are consistent with the intent and allowed uses in the A— Agricultural zoning district. 13.Statement of consistency with efficient and orderly development: a. assist orderly and efficient development This proposal assists in orderly and efficient development by preserving agricultural lands, utilizing existing accesses, and maintaining consistency of use with surrounding properties. b. health, safety, and welfare: The proposed creation of an additional lot should have minimal effect regarding health, safety, and welfare in that provisions are available for adequate water and septic. Only one new road access is proposed. Impact to sheriff's patrols and fire protection is minimal. The property is located in the La Salle Fire District. c. conformation with municipal or county plans:To the best knowledge of the applicant, this proposal should be consistent with existing county or municipal plans. The parcel size, water supply, and access should all be consistent with the existing municipal plans. d. preservation of agricultural land:All attempts have been made to preserve as much prime irrigated agricultural land as possible. e. retention of irrigation water No irrigation waters are impacted or restricted by the application. No intent is evident to remove irrigation waters or to remove lands from irrigation. f. preserve natural vegetation & control erosion:This application makes no changes that would contribute to an increase in erosion hazards. There is adequate natural vegetation in place on Lot "A" to control erosion and an adequate supply of water to support the existing vegetation. Current and anticipated farming practices and water supply on Lot "B" should also adequately control erosion. g. access: The current access to Lot "A" includes the existing residential access as well as a separate Oil/Gas Access used on an intermittent basis. Lot "B" has an existing Ag access. All existing accesses are critical to their respective uses. No new accesses are proposed. This is consistent with the Weld County Department of Public Works requirement that allows one primary access per legal parcel. Weld County Treasurer Statement of Taxes Due Account Number R3293404 Parcel 096133100002 Assessed To ALLES JAMES GEORGE& 1959 26TH AVE CT GREELEY,CO 80634 Legal Description Situs Address PT NE4 33-5-65 LOT B REC EXEMPT RE-3880(.88R)SITUS:24819 43 CR WELD 24819 43 CR WELD 000000000 000000000 Year Charges Billed Payments Balance 2008 Tax $2,135.73 $2,135.73 $0.00 Grand Total Due as of 11/09/2009 $0.00 Tax Billed at 2008 Rates for Tax Area 0639-0639 Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 16.804000' $542.60 AG-FLOOD $37,548 $10,890 SCHOOL DIST#6 36.600000 $1,181.81 IRRRIGATED LAND NORTHERN COLORADO WATER 1.000000 $32.29 FARM/RANCH $120,233 $9,570 (NC RESIDENCE-IMPS OTHER BLDGS.- $40,810 $11,830 LASALLE FIRE 2.155000 $69.59 AGRICULTURAL AIMS JUNIOR COL 6.323000 $204.17 HIGH PLAINS LIBRARY 3.260000 $105.27 Total $198,591 $32,290 Taxes Billed 2008 66.142000 $2,135.73 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 Kristine Ranslem From: Kristine Ranslem Sent: Friday, December 04, 2009 12:07 PM To: Ann Siron; 'Joanna.williams@state.co.us'; 'jeff.deatherage@state.co.us'; 'sandra.billings@state.co.us'; 'Lowery, Eric'; 'Jim Flesher'; 'brandon.gossard@greeleygov.com'; Isfd@comcast.net; 'Greg Philp' Subject: RE-4985 Referral Attachments: Referral Sheet.rtf; Application.pdf; Map.jpg We have just received a case (RE-4985) in which we ask that you review the attached material and send a referral to us by January 3, 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 (cgathmantu�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! Kv st ve RovIslev&. Planning Technician Weld County Planning Services 918 10 Street, Greeley CO 80631 970-353-6100 ext. 3519 1 REFERRAL LIST Name: James Alles • Ce#: RE-4985 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 x Evans _Frederick _Airport Authority _Firestone _Galeton F-6 _Building Inspection _Fort Lupton _Hudson F-7 x Code Compliance Ann _Frederick _Johnstown F-8 Kim Ogle (Landscape Plans) _Garden City x 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 x 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 _Windsor/Severance F-17 Division of Wildlife _New Raymer _South Hwy 66 (Loveland) _Northglenn x North Hwy 66 (Greeley) _Nunn _Division of Minerals/Geology _Pierce _Platteville Commissioner 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 _Latimer Federal Government Agencies Other _US Army Corps of Engrs x School District RE-6 _USDA-APHIS Vet Service _Central Colo. Water Cons _Federal Aviation Admin (Structures x Union Pacific RR over 200 ft or w/in 20000 ft of Pub _Ditch Company Airport _Art Elmquist(MUD Area) Federal Communications Comm REFERRAL LIST Name: Case#: let5'4 " 6ig5 County Towns & Cities Fire Districts _Attorney _Ault _Ault F-1 iC 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 X Evans Galeton F-6 _Airport Authority Firestone _Hudson F-7 Building Inspection Fort Lupton Johnstown F-8 ?C Code Compliance,gN.-Ann_S-Beth _Frederick X LaSalle F-9 Kim Ogle(Landscape Plans) _Garden City _Mountain View F-10 _Lin (Addressing Change of Zone) Gilcrest Milliken F-11 _ _Ambulance Services }( Greeley _Nunn F-12 Grover Pawnee F-22 State - Hudson Platteville F-1 3 X 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/Sevarance F-17 Milliken Division of Wildlife _New Raymer Legal 4A-12ji'$g8h 14 my .3'e �TSouth Hwy 66(Loveland) _Northglenn Parcel ID# 01-471 :3:5iCC a !� North Hwy 66 (Greeley)LC^WQktt _Nunn Zone Acres? 31)4-3 Division of Minerals/Geology _Pierce USDA Platteville Airport MO Soil Conservation Districts _Severance Geo Haz lib Big Thompson/FTC Thornton FP? r.10 Panel# _Boulder Valley/Longmont _Windsor IGA? /LID ORD# _Brighton/SE Weld MUD? f'-IC _Centennial Counties _Greeley/VVest Greeley Adams _Platte Valley _Boulder West Adams _Broomfield Little Thompson _Larimer _I r,rcja H Federal Government Agencies Other _US Army Corps of Engrs X School District RE- Co _USDA-APHIS Vet Service _Central Colo. Water Conservancy Dist Federal Aviation Admin (Structures )L RR over 200 ft or w/in 20000 ft of Pub _Ditch Company. Airport _Art Elmquist(MUD Area) fl Federal Communications Comm Ex.S42—I b Hurhi t-tl-d -b2 Commissioner pia- tine S rt t--1-541 Woldlunty Planning Department GREELEY OFFICE Ill's: ? 12009 RECEIVED UDC. Weld County Referral COLORADO December 18, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant James Alles Case Number RE-4985 Please Reply By January 3, 2010 Planner Chris Gathman Project Two-Lot Recorded Exemption Legal Lot B RE-3880; Part of the NE4 of Section 33, T5N, R65W of the 6th P.M., Weld County, Colorado. 'Location West of and adjacent to CR 43; south of CR 52. For a more precise location, see ii legal. Parcel Number 1961 33 100002 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 le 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: N� Gcv+2 GI EN r Signature i� 7 yy Date oz/ / Ff.07 Agency �/ % /, 2oWeld County Planning Dept. 8)918 10'"Street Greeley, CO. 80631 ro(970)353-6100 ext.3540 x)(970)304-6498 fax • •of\ ,41 ::, "lige Weld County Referral COLORADO December 8, 2009 The Weld County Department of Planning Services has received the following Item for review: Applicant James Alles Case Number RE-4985 — Planner Chris Gathman Pleas@ Reply By January 3,2010 project Two-Lot Recorded Exemption Legal Lot B RE-3880; Part of the NE4 of Section 33.T5N, R65W of the 6th P.M.,Weld County,Colorado. Location West of and adjacent to CR 43;south of CR 52. For a more precise location, see legal. Parcel Number 1961 33 100002 The application is submitted to you for review and recommendation. Any comments ore red date m flat on you consider relevant to this request would be appreciated. Please reply by at we may give full consideration to your recommendation. Any rof nse Plsenintg received e Services.before have any or on this date may be deemed to be a positive response to the Department 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 duringcall the treview process. If you desire to examine or obtain this additional Information, plane ment 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. Comore Signature l,.� Data C/Al w- Agency 6 / s,Weld County Planning Dept. a'918 10"Street Greeley.CO.80631 te(970)353-6100 em.3540 x;(970)3044498 lex .._ TO 'd ZLb£0££0L6 'ON Xdd SNUA3 d0 AIIO NV 19:90 3n! 600Z-B0-030 (set( 6t.... :, Weld County Planning Department GREELEY OFFICE file 1 4?MI Ili RECEIVED O Weld County Referral COLORADO December 10, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant James Alles Case Number RE-4985 Please Reply By January 3, 2010 Planner Chris Gathman Project Two-Lot Recorded Exemption Legal Lot B RE-3880; Part of the NE4 of Section 33, T5N, R65W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 43; south of CR 52. For a more precise location, see legal. Parcel Number 1961 33 100002 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 ..ACINe 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: Signature !�,D h Date �aljWet Agency G' bOjA) 6 • • T Weld County Referral December 3, 2009 - COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant James Alles Case Number RE-4985 Please Reply By January 3, 2010 Planner Chris Gathman Project Two-Lot Recorded Exemption Legal Lot B RE-3880; Part of the NE4 of Section 33, T5N, R65W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 43; south of CR 52. For a more precise location, see legal. Parcel Number 1961 33 100002 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 d /eV - i f-7 Agency 7.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 jot MEMORANDUM R iED VITO: Chris Gathman, Planning Services C DATE: January 4, 2010 FROM: Donald Carroll, Engineering Administrator COLORADO SUBJECT: RE-4985, James Alles 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 43 is a collector road and requires an 80- 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 reserve or dedicate an additional 10-foot of right-of-way parallel to the WCR 43 right-of-way for future build-out. WCR 52 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: Utilize the existing access for residential use to this parcel. (Lot A) Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation.(Lots A and B) Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. Flood Hazard Development Standards: This area is not in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). pc: RE-4985 M:\PLANNING—DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-4985.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 #: 4/3 Date : « ' 2 9 ' o RE #: Ogr Other Case #: 1 . Applicant Name James Alles, etal Phone Address 1959 26th Avenue Court City Greeley State Colorado Zip 80634 2. Address or Location of Access : 24819 WCR 43 Section 33 Township 5N Range 65W Subdivision N/A Block N/A Lot N/A Weld County Road # 43 Side of Road West Distance from nearest intersection 400 ft. 3 . Is there an existing access to the property? Yes ✓ No # of Accesses 2 4. Proposed Use : ✓ Permanent ✓ Residential/Agricultural l Industrial Temporary Subdivsion Commercial ✓ Oil/Gas 5. Site Sketch . WCR 52 v I Existing v' I AG Access I Lot "A" °� Existing RES Access Lot "B" Existing ' OIL/GAS IL Access W OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions Installation Authorized Information Insufficient Reviewed By : Title : Memorandum TO: Chris Gathman, W.C. Planning WIiDc DATE: December 22, 2009 FROM: Lauren Light, W.C. Department of Public COLORADO Health and Environment CASE NO.: RE-4985 NAME: Alles Environmental Health Services has reviewed this proposal to exempt 4.5 acres from an 83.5 acre site. Proposed lot A will consist of 4.5 acres and proposed lot B will consist of 79 acres. There is an existing residence on proposed lot A which is served by several individual wells (permits 13108, 160052, 73336) and an individual sewage disposal systems (SE-0400087). A new individual sewage disposal system and 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. Topographic or physical features of the proposed lot, such as ravines, ditches, streams, etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Division recommends that the applicants review the County Code pertaining to Septic Systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. 2. All septic systems must be located on their respective lots and meet all lot line set back requirements. • • 3. This application is proposing a well as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. 1 • • (O-v•.COO ' DEPARTMENT OF NATURAL RESOURCES °I DIVISION OF WATER RESOURCES "aY 'ra * Bill Ritter,Jr. 1876 Governor James B.Martin Executive Director December 7, 2009 Dick Wolfe,P.E. Director/State Engineer Mr. Chris Gathman Weld County Planning Department Weld County Planning Department 918 10th Street GREELEY OFFICE Greeley, Co 80631 "C t19 70f1.9 Re: Exemption from Platting-James Mies RECEIVED Case No. RE-4985 NE1/4, Sec. 33, T5N, R65W, 6th P.M. Water Division 1, Water District 2 Dear Mr. Gathman: We have reviewed the above referenced proposal to create by exemption two lots of 4.5 acres (Lot A) and 79 acres (Lot B). The water supply for Lot A will be from three existing wells, permit nos. 13108, 160052-A and 73336-A and Lot B will be supplied by a new individual on-lot well. A single- family dwelling is located on the proposed Lot A. Since the submitted material does not appear to qualify as a "subdivision" as defined in Section § 30-28-101(10)(a), C.R.S., pursuant to the State Engineer's March 4, 2005 memorandum to county planning directors, this office will only perform a cursory review of the referral information and provide comments. The comments will not address the adequacy of the water supply plan for this development or the ability of the water supply plan to satisfy any County regulations or requirements. In addition, the comments provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the issuance of a well permit, or the physical availability of water. Well permit no. 13108 was issued on October 3, 1952 for domestic purposes. Note that the use of the ground water for wells constructed and put to beneficial use prior to May 8, 1972 is limited to the uses that can reasonably be shown to have existed as of May o, 1972 or the uses that can reasonably be shown to have been intended as of May 8, 1972 (provided such uses do not exceed the statutory use limits for a residential well as specified by CRS 37-92-602(1), which allows for up to three single- family dwellings, the watering of domestic animals and livestock, and the irrigation of not more than one acre of home lawn and garden). Well permit no. 13108 can be used to serve the proposed Lot A as long as the well is operated in accordance with the terms and conditions of the well permit. According to our records, permit no. 160052, was late registered in accordance with C.R.S. 37- 92-602(5) on May 16, '!991 for the historical use of this well, being a well producing 50 gallons per minute and used for the irrigation of not more than 15,000 square-feet of home gardens and lawns. On the same date, permit no. 160052-A was approved for the replacement of the existing well on the condition that the old well is plugged and abandoned. The replacement well was constructed on May 22, 1991. Well 160052-A can be used to serve proposed Lot A as long as the well is operated in accordance with the terms and conditions of the well permit. Office of the State Engineer 1313 Sherman Street, Suite 818 • Denver, CO 80203 •Phone:303-866-3581 • Fax:303-866-3589 www.water.state.co.us /. Weld County Planning Department• • Page 2 December 7, 2009 Additionally, permit no. 73336, was late registered in accordance with C.R.S. 37-92-602(5) on February 14, 1974 for the historical use of this well, being a well producing 15 gallons per minute and used for domestic purposes. On the same date, permit no. 73336-A was approved for the replacement of the existing well on the condition that the old well is plugged and abandoned. The replacement well was constructed on September 9, 1974, however we did not received evidence that the old well was plugged. Therefore the applicant needs to submit a Well Abandonment Report to affirm that the old well was plugged and abandoned. According to our records permit no. 73336-A is not located on applicant's property. Well permit no. 73336 was registered for the SE1/4 of the NE1/4 of Section 27, Township 5 North, Range 65 West of the 6th P.M. The replacement permit no, 73336-A was also issued for the SE1/4 of the NE1/4 of Section 27, Township 5 North, Range 65 West of the 6th P.M. Therefore before permit no. 73336-A can be used to serve proposed Lot A (which will be located in the NE1/4 of the NE1/4 of Section 33, Township 5 North, Range 65 West of the 6th P.M.) the applicant will need to submit a Well Location Amendment application (form GWS-42) to correct the location of this well. The Well Location Amendment application can be downloaded from our website at: www.water.state.co.us The ability for proposed Lot B of RE-4985 to obtain a well permit will be evaluated at the time that the well permit application is submitted. Should you have any questions in this matter, please contact loana Comaniciu of this office. Sincerely, Joan. a Williams, P.E. r Resource Engineer Cc: Jim Hall, Division Engineer Scott Edgar, Water Commissioner, District 2 JMW/IDC • RE Map-Alles • I Detail Map I'. o gr - - _ ` s z cc » - n it Lot A t3 ' House ko,• 4 . 5 Acres +/- Sho • p PA SW Shed Oil/Gas ill Tank Lot «B„ .. p s�,"c+r. 79 Acres +/- Battery r, III .. 0 ' Corrals � o AI Oil/Gas co a I Well . . k' ' w I Overview Map z H o a(; Zalit \S? ' �` o V a Lot i "A" • - oir_4001 4 . 5 Acres +/- i le- flP1P....e.." Lot <<B„ 1 79 Acres +/- O PAPSINNIIIIP- 13 w 0 0 I II m a 4 1 r--..) 1 Lot "A ' oli RE-3880 (out) p!' _At . 0 1-0 s i .a - - ; 'o to o z gt „.. r...... .1Wr.nrK 411. 40 • . CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD The UNIFIED TITLE COMPANY OF NORTHERN COLORADO hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION: Lot B of Recorded Exemption No. 0961-33-1 RE-3880 recorded October 5, 2004 at Reception No. 3224845, being part of the NE1/4 of Section 33, Township 5 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. CONVEYANCES (if none appear, so state): " Reception No. 3318222 , Book Reception No. 3318223 , Book \ Reception No. 2017706 , Book 1077 N4 Reception No. 1779588 , Book 858 Reception No. 1451926 , Book 530 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 Title and the liability of UNIFIED TITLE COMPANY OF NORTHERN COLORADO, is hereby limited to the fee paid for this Certificate. In Witness whereof, UNIFIED TITLE COMPANY OF NORTHERN COLORADO, has caused this certificate to be signed by its proper officer this 23rd day of October, 2009, at 5:00 PM Company: UNIFIED TITLE COMPANY OF NORTHERN COLORADO / I/ By: Authorized Signature 3690 W 10th Street 2nd Floor Greeley,CO 60634 tOliciece Phone 356-3551 TITLE COMPANY Fax 356-2063 ai S isi F e- 9"; = 6 a dal. is i?i. al d x E a 5 i gi ig, a s$ =1 say it E. II 5 iag i5 ld. }3 1" _ 1 a',rs. o i s 1 a F Ei i l e6 isd-_g I. RA? S4 la zte i III it fe 'ili Vii€ 9 fi-! P .'z E* -iti i 9„ P '1 . 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Rn 1 £ \1 4,E °'I 64^w n J tl . — si �z A �g gs \ Locro A. I € ?r•ar.iox . III ��I \ i' I's! d I , \ v Iv g ; - VIE m I` I =" \11 A;• 1, BBL 1 , _ t{€.q V4 G \ ;Li I.. m2 "7- an I I \ d1 I OF I I \ ., I o r e \ i IIzz,_,,or_rosos co ill J K H� I I;.„! eia sip • .? \ W f F ',4;6,6. ' I "):V.' .3 3 C, 2 I I6eyi,8yeb� : 'mr; �,.. olio Ij;�- i:2 Ap \ pp .i'Ca G .n. .ro eamx Y�'� o O I-0 a 0/.5 . N " o J cc o.3 11 �aso-rv5IDry omo.v umo-wsar r ory wr • • 11111111111111111111E 1111111,11111111H III!IHI • • 3318222 08/31/2005 10:11A Weld County, CO 1 of 1 R 6.00 0 0.00 Steve Moreno Clerk 8 Recorder j PERSONAL REPRESENTATIVE'S DEED (Testate Estate) THIS DEED is made by JAMES GEORGE ALLES as Personal Representative of the Estate of MARTHA ALLES deceased,Grantor,to JAMES GEORGE ALLES,JOHN LEE ALLES and HAROLD GENE ALLES as heirs of the decedent entitled to distribution of the property,Grantees,whose legal address is 1959 26 Ave. Ct..Greeley,of the County of Weld,State of Colorado 80634. WHEREAS,the Last Will and Testament of the above-named decedent was made and executed in the lifetime of the decedent,and is dated January 22,1979 which Will was duly admitted to informal probate on Mn 18.2005,by the District Court in and for the County of Weld,State of Colorado,Probate No.2005 PR 199; WHEREAS,Grantor was duly appointed Personal Representative of said Estate on JNav 18.2005, and is now qualified and acting in said capacity. NOW THEREFORE,pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby sell,convey,assign,transfer and set over unto said Grantees,as tenants in common, as the persons entitled to distribution of the property,all of decedent's interest in the following described real property situate in the County of Weld,State of Colorado: All that part of the Northwest Quarter(NW I/4)of Section Thirty-three(33),Township Five(5) North,Range Sixty-five(65)West of the 6"P.M.,lying South of the right of way of Union Pacific Railroad Company,and containing 38 acres more or less. Together with 1 share of stock of the Union Ditch Company and I share of stock of the Union Reservoir Company. All that part of the Northeast Quarter(NEI/4)of Section Thirty-three(33),Township Five(5) North,Range Sixty-five(65)West of the 6a P.M.,lying North of the Union Pacific right of way through said quarter section and particularly described as follows,to-wit:Commencing at the Northeast corner of said Section,thence West along the North line of said Section to the East line of the Northwest Quarter(NW I/4)of said Section,thence South along said East line of the Northwest Quarter(N W1/4)1/4)to the North line of the right of way of the Union Pacific Railroad Company,thence Easterly along said right of way to the East line of said Section,thence North along said East line of said Section to the place of beginning;and containing 54 acres,more or less,according to the U.S.Government survey thereof. Together with 3 shares of stock of the Union Ditch Company and 2 shares of stock of the Union Reservoir Company. All that part of the Northeast Quarter(NEl/4)of Section Thirty-three(33),in Township Five(5) North,Range Sixty-five(65)West of the 6i°P.M.,lying South of the right of way of The Union Pacific Railroad Company,as said railroad is now located;together with 5 shares of the capital stock of The Union Ditch Company and 3 shares of the capital stock of The Union Reservoir Company. EXCEPT Lot A of Recorded Exemption No.0961-33-1 RE-3880,being part of the Northeast Quarter(NE1/4)of Section Thirty-three(33),in Township Five(5)North,Range Sixty- five(65)West of the 6th P.M.,recorded at Reception No.3224845 on October 5,2004,Weld County Clerk and Recorder. also known by street and number as: assessor's schedule or parcel number: With all appurtenances,subject to covenants,easements and restrictions of record,and subject to general property taxes for the year 2005 due in 2006. Executed: CILIA LA-41 1/4� f MES GEORGE A ES ersonal Representative of the Estate of MARTHA ALLES, DECEASED. STATE OF COLORADO ) COUNTY OF WELD ) 7 The foregoing instrument was acknowledged before me this J) day of 2005,by JAMES GEORGE ALLES,Personal Representative of the Estate of MARTHA ALLES, eceased. Witness my hand official seal. ' IOS My commission expires: j ca 3 NOTARY PUBL C . Nei FILED IN ❑x District Court ❑ Denver Probate Court DISTRICT COURT Weld County, Colorado Court Address: 901 91b Avenue NAY 18 '05 Greeley, Colorado 80631 WELD COUNTY,COLO. IN THE MATTER OF ® THE ESTATE OF: MARTHA ALLES, COURT USE ONLY Case Number. 2005 PR 1ect ❑x Deceased ❑ Protected Person ❑ Minor❑ Ward Division: 1 LETTERS (Name) JAMES GEORGE ALLES was appointed or qualified by this Court or its Registrar on MAY 1 8 2005 (date)as: O Personal Representative. The decedent died on March 25,2005(date). ❑ These are Letters of Administration. (The decedent did not leave a will.) ❑X These are Letters Testamentary. (The decedent left a will.) ❑ Special Administrator in ❑ an informal ❑ a formal proceeding. These are Letters of Special Administration. ❑ Conservator. These are Letters of Conservatorship. ❑The protected person is a minor whose date of birth is ❑ Special Conservator. ❑ Guardian. These are Letters of Guardianship for. ❑ an incapacitated person. U a minor whose date of birth is • U Emergency Guardian (Expires on (date), not more than 60 days after appointment per§15-14-312, C.R.S.) Appointment or qualification is by ❑ court order. ❑will. ❑ written instrument. These Letters evidence full authority, except for the following limitations or restrictions, if any: Dated: MAY 1 8 2005 Bridgette G. Owens (Deputy)Clerk or Registrar of Court CERTIFICATION Certificate's Stamp or Certified to be a true copy of the original in my custody and to be in full force and effect as of: AUG 3 0'2005 A ,to C - ea �1,�_ Dated (Deputy) ler of Court CPC 17 R1/03 \LETTERS I gill IIIII 11111 1111111111111ti 111111 III IIIII IIII eft This forms conforms in substance to CPC 17. 3318223 08/31/2005 10:11A Weld County, CO 2 of 2 R 11.00 D 0.00 Steve Moreno Clerk 8 Recorder • Of 'AR2017706 • • B 1077 REC 02017706 07/19/85 13:25 $6.00 1/002 F 0828 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO DEED OF DISTRIBUTION BY PERSONAL REPRESENTATIVE THIS DEED is made by MARTHA ALLES, as Personal Representative of the Estate of John E. Alles, Deceased, Grantor, to MARTHA ALLES, for life, with the remainder at the time of her death to JAMES GEORGE ALLES, JOHN LEE ALLES and HAROLD GENE ALLES, Grantee, whose address is 24819 Weld County Road 43, Greeley, Colorado 80631 WHEREAS, the above-named decedent in his lifetime made and executed his Last Will and Testament dated January 22, 1979, which Will was duly admitted to informal probate on October 16 , 1984 , by the District Court in and for the County of Weld and State of Colorado, Probate No. 84 PR 262 ; and WHEREAS, Grantor was duly appointed Personal Representative of said Estate on October 16, 1984, and is now qualified and acting in said capacity; and WHEREAS, Paragraph II. of the Last Will and Testament of the cecedent provides as follows : "II. I give and devise to my wife, Martha Alles, if she survives me, a Life Estate in and to all of my interest in real estate and water rights owned at my death for and during her natural life, with remainder over at the time of her death to my three sons , James George Alles, John 'Lee Alles and Harold Gene Alles, equally, share and share alike, and if any of my said sons be not living at the time of the death of my wife, then I give and devise such remainder over to the survivor or survivors of my said children; provided, however, if any of my said children should die prior to the death of my said wife, leaving a child or children surviving my wife, Martha Alles, such child or children shall take collectively, in equal shares, the portion of said remainder over his, her er their parent would have taken if living, per stirpes and not per capita." NOW, THEREFORE, pursuant to the powers conferred upon Grantor by CRS 15-1-803 and 15-12-907 of the Colorado Probate Code, Grantor sells, conveys, assigns, transfers and releases to Grantee the following real property in Weld County, Colorado: Undivided one-half (1/2) interest in and to: All that part of the Northwest Quarter (NW1/4) of Section Thirty- three (33) , Township Five (5) North, Range Sixty-five (65) West of the 6th P.M. , lying South of the right of way of Union Pacific Railroad Company, and containing 38 acres more or less. Together with one (1) share of stock of the Union Ditch Company and one (1) share of stock of the Union Reservoir Company. All that part of the Northeast Quarter (NE1/4) of Section Thirty-three (33) , Township Five (5) North, Range Sixty-five (65) West of the 6th P.M. , lying North of the Union Pacific right of way through said quarter section and particularly described as follows, to-wit: Commencing at the Northeast corner of said Section, thence West along the North line of said Section to the East line of the Northwest Quarter (NW1/4) of said Section, thence South along said East line of the Northwest Quarter (NW1/4) to the North line of the rignt of way of the Union Pacific Railroad Company, thence Easterly along said right of way to the East line of said Section, thence North along said East line of Section to the place of beginning; and containing 54 acres more or less, according to the U.S. Government survey thereof. Together with three (3) shares of stock of the Union Ditch Company and -1- B 1077 REC 02017706 07/19/85 13:25 $6.00 2/002 F 0829 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO two (2) shares of stock of the Union Reservoir Company. All that part of the Northeast Quarter (NE1/4) of Section Thirty- three (33) , in Township Five (5) North, Range Sixty-five (65) West of the 6th P.M. , lying South of the right of way of The Union Pacific Railroad Company, as said railroad is now located; together with five (5) shares of the capital stock of The Union Ditch Company and three (3) shares of the capital stock of The Union Reservoir Company. Together with all privileges, hereditaments and appurtenances thereunto belonging, or in any wise appertaining, including all water, irrigation and drainage rights of every kind and description,, however evidenced or manifested, and all rights of way, apparatus and fixtures belonging to or used in connection therewith. Together with all water, water rights and water privileges, all ditches, ditch rights and ditch privileges, all reservoirs, reservoir rights and reservoir privileges and all pumping plants, and all easements and rights of way for the foregoing, and all enlargements and extensions thereof, attached, appurtenant or in any way belonging to or used on said land or which are held, owned or controlled or which may hereafter be acquired by grantors and their heirs, devisees, personal representatives, grantees, successors or assigns for use thereof or in connection therewith, with all appurtenances. /� Executed this /11' day of 9,65 , A.D.1985. Martha Alles, as ersonal Repre- sentative of the Estate of John E. Alles, Deceased STATE OF COLORADO )COUNTY OF WELD ) ss. The for going instrument was acknowledged before me this /76 _ day of ,. , 1985, by Martha Alles, as Personal Representati4e of the Estate of John E. Alles, Deceased. WITNESS my hand and official seal. My Commission expires 9,,, G /977 Cp9'' hr oC NOTARY PUBLIC • rif t- ` ., C _2 lirf "₹i i ■ �. It p I. d Iii. IiM-'� IU i1! ' r 4r ,) � .! i!IflEtII131 t - t t _ # aril co t:1 4 .Ili it !vii 9, • A IDrt� oifit, ' - '•_ . .::I. I1 + x{y ; #Ii;Piro' f"• rP. , rx = ,, ' ;�11e, t� " suolC / N y 1979- '� , _ i pCO Recorded at o'cloc 44 y' c _ i 858 Reception No.....177.9.5Q.(Z �_ 7-motif va Recprd�r. ` _ ___ . Fidgfjl-A.�1Grnt!r, l` iI. ' *Haw all ten by Wage prearntc, rha. I. r ,. 1 ,r,r� -.n ' ;� MARTHA ALT:HS, as Joint Tenant'. jkr .: I whose street address is 2!' 19 '!eld "t✓.,=1 i.!!'City or Town of Sreele'7 ° - I County of Weld and State of Color=i:7o for the • consideration of other :rood and vall.n10 r _in ; . tion and T'i'I and iro/111-- 9:.„ '4' F ; t.. . _. ---. Dollars. in hand paid, hereby serifs)and conveys) to " Ind -".7.-r1.11.ip ftLLES', Tenants " op?; i in Common ' whose street address is weld d ,l e i ._y v.TOW'',of P.,le•. County& ''weld ^ol_or�do . . and the Slay o' _ the Rh' ti following real property in the County of 'e' ri '` and State of Colorado, +- to-wit: y: - All that rart o :e • : � hr;e art -i i , Ce section -Hirt'!_ it .three (33), c:wnsn iva r � ,e ' .'",5) 'es of the 6th P.`.^. , 1r. n^' South of the ,• s Tail oad Comnany, and conta_nin- ether with 1 share ' of stock of the Uni.-,n rite t r -,n,'. 1 a - ;tocic o' the Union "' Reservoir Comnany, 45 ,t... All that na^t, of the o . ten 1/!i) o `Motion Thirty- . (33) To'wnshin -'t , , - ye l , to , sty i ;e (' ' ) 'lest of the ;'". i 6th ?.M. , lying north of 'n'nn . . ,t o : way through said IL . quarter section and oarti ar,rla e�;cr:.-n"i as 'ollows , to-wit: Comment- f' • ins at the Northeast corner o" sat i -action, thence 'Pest along the '!orth line of said Section to tle 'east limo n" the Northwest suarter ('tdl/4) • of said Section, thence South alon • tell Test line nt' the Northwest Quarter (NTIl/I4) to the North line o' the right c^ way of' the Union Pacific • Railroad Comnany, thence Easterly alone sei' right of ,wa:' to the East line of said Section, thence `forth along said last line of Section to the place of beginning; and contalninr 5!I acres, more or lets, according to the U.S. Government survey thereof. Torethe^ with 3 shares of' stock of the Union Ditch Comnany and 2 shares or stock of the Union Reservoir Company. r All that tart of the 'fortheast quarter IEl/!+) of Section Thirty- • three (33) , in Townshin ^ive (5) lorth, Range Sixty-five (65) 'lest of the 6th P.M. , lying South of the right of' way of' The Union Pacific Rail- - road Comnany, as said railroad is now located; together with 5 shares of the capital stock of The Union Ditch Comnany and 3 shares of the capital stock of The "-ion Reservoir Comnany. _ • Together with all rrivileges, hereditaments and annurtenances there- unto belonging, or in any wise annertaining, including, all water, irriga- Hon and drainage rights of every kind and description, howevervidenced or manifested, and all rights of way, annaratus and fixtures belonging to or used in connection therewith. Together with all water, water rights and water privileges, all ditches , ditc.a rights and ditch Privileges, �'k' all reservoirs, reservoir rights and reservoir privileges and all pumping plants, and all easements and rights o' way for the foregoing, and all • enlargements and extensions thereof, attached, appurtenant to or in any way belonging to or used on said land attached, annurtenant to or in any way belonging to or used on said land or which are held, owned or contrail- ed or which may hereafter be acquired by -cantors and their heirs, devisees, personal representatives, grantees, successors or assigns for use thereof or in connection therewith. . . apptC 858 1799588 with all its appurtenances and warrant(s) the title to the same, subject to current taxes and matters of record. e Signed this =' - day of c - - i . .c , A.IJ. 19...79._ r, , t In the Presence of ` /ill -a te STATUTORY ACRNOWLEDGIVIENT ---- STATE OF COLORADO, County of ',rebid ( 55 * ' -,,”,,••„ The foregoing instrument was acknowledged before me this • •, o\iC\f, (" CO�C; B ' i - ..day of •.- .� -. <.""'-u- 9 John ?dies and v'a I Z.�_.., By a tha Alvles,, an.. each of them. o;• o�,orA rrr < _ Witness my hand and official seal. -a-F ?t} , My commission expires i<.:_.,.�. /'52 _ .tt r C . - ?r Notary Public Mailing Address for Peters Tax Notices Name r:talling A,.dress PORM 265 ant.•-0O WARRANTY DEED—enforcer FORM Fos PHOTOGRAPHIC RECORD—TMC C.F.MOCc%EL Co..DENVER 90555 I . . . } 1 f i a . I. 7177:77":1.Sj . c` yam. •yyyg.. L i tr41- x X� � Y �I[.s M r ��Y.} � `� .;� n iceS,, --Y. ` / -, - * £r.- w M Wbld . R i f ` '41' i�Pie_y�y�y�,.,,yyy�,,, of D0l.r vmlusbleytarat}fa satge. s ' s # illetskruilist coIID ilt .N7t,If. BL1e6 nod R1t e itt Cos y of Weld . - .14°'-';',t., NS itialiNg seal p epwy,sPaMe le the Oink"ci sad w1e d Melt: 111 that part et the Sp-ti:Nset "garter et :3s. .. le emeip Fire ) North, Range Sixty-five (63) West of the 6th P.n. South of the right of way of Union Pacific Railroad Compaq, ant eetlta mite 38 acres mere or less. Together with 1 share of stock of the Union Ditch Compaq and 1 share of stook of the Union Reservoir Compaq. i Together with all privileges, hersditaments and appurtenances thereunto belonging, ,.or is any wise appertaining, including all water, irrigation and drainage rights of every kind and description, however evidenced or manifested, and all rights '.."�, of way, apparatus and fixtures belonging to or used in eeaaeetioa therewith. Together withal water, water rights and water privileges, all ditches, ditch , g' . rights and ditch privileges, all reservoirs, reservoir rights aria reservoir privileges and all pumping plants, and all easements and rights of way for the t` . foregoing, and all enlargements and extensions thereof attached, appurtenart to or in any way belonging to or uuad on at Id land attached, appurtenant to ‘. or in any way belonging to or used on said land or which are held, owned or v , �' controlled or which $, may hereafter be acquired by grantors and their heirs, 7, devisees, personal representatives, grantees, eu<:eeaaora or assigns for use ,+ thereof or in connection therewith, p with all its appurtenances, and warrant the title to the same, subject to the ti following, to-wit: k. 'NI. Taxes for the year of 1964 payable in 1964; United States Patent exclusions and -0' ' dm:, irrigation ditches and laterals, seepage and drainage ditches and canals, and all other rights of �.. way, if any, existing across or upon said lands; i Liens by virtue of being within the Northern Colorado Water Conservancy District and the LaSalle Fire Protection District; and Excepting rights ofway for public aighwys located on section lines and rights , of way for ditches, public highways, Naps and Sworn Statements for ditches or reservoir sites not conveyed by instruments of record. Signed and delivered this day of ,A.D. 19 64 In the presence of ...:1 .. . _ . __ -(/„L 2ezten./ (SEAL) I r NR .' STATE OF COLORADO, (SEAL) c „N COUNTY OF %VELD. ..... as \y d�a7!! ang harm= was acknowledged before sr this 1 day of vCLe-*.e..-. 1"4- r , t. i � � v_Qifford Rowland Hill and Myrtle Craven , '! 1--r; ., 3q hand and official real. ' a l • _ eo a r Pubic. "' ` a�w6`aL NoW ;`, ell by rderat person or eereo..ivel, =raven cove ex as:if by pence.met isi or as anaeey ie.4tt five Suet are or '� rRreanxmdre or aBidal arse* pars es eawtee. Wmegie.fe„ or ether eendtr or sew of coepeatioe.tine awn a of meth office.r officers, WO by m- � , Sit-- STATUTORY AC[NOWLNDGIIgNR".Sifs[ON 1W. or other officers of tali :a- , WARRANTY DEED--gtetslay Fan "S"' / ems Form No. OFFICE OF THE STATE ENGINEER OWS•25 ' COLORADO DIVISION OF WATER RESOURCES ete CenlnNem Bldg., 1313 SAxmn Bt.On, Colorado 00x03 (3g3)6653 5.1 857 WELL PERMIT NUMBER /dale" - _I APPLICANT DN. l CNTY. 62 WD 2 DES. BASIN _ MD APPROVED WELL LOCATION COUNTY WELD MARTHA ALLES NE 1/4 NE 1/4 Section 33 24819 WCR 43 poip 5 N Range 65 W S P.M. GREELEY, CO 80631 DISTANCES FROM SECTION LINES 1000 Ft. from North Section Line 165 Ft. from East Section Une PERMIT TO CONSTRUCT A WELL ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT• CONDRpNB OF APPROVAL 1) This well shall be used in such a way as to cause no material Injury to existing water rights. The issuance of the permit does not assure the applicant that no icy will occur to another vested water right or preclude another owner of a vested water right from seeldng relief in a civil court action. - 2) Approved pursuant to CRS 37-92-802(3)(c)for the relocation of an existing well,permit no./400S' . The old well must be plugged and abandoned according to the Water Wel Construction and Pump Installation Rules within ninety (90)days ci completion of the new welt The enclosed well abandonment report form must be completed affirming that the old well was plugged and abandoned. 3) The depth of this well shall not exceed 50 feet or the base of the allwlal deposits. 4) The use of ground water from this well is limited to the irrigation of not more than 15,000 square feet of home gardens and lawns. 5) The maximum pumping rate shall not exceed 50 GPM, 8) The average annual amount of ground water to be withdrawn shall not exceed 1.0 acre-feet 7) This well shall be constructed not more than 200 feet from the location specified on this permit . S/14/9/ IfttOVED: aCrlf_ri Receipt No. 0324244B DATE ISSUED WY 1 6 111%) er I TION DATEMAY 1 1993 • 0 (rdIiNIEMB 'Form C(Rev.) STATE OF COLORADO .. 4-01/5M APPLICATION FOR USE OF GROUND WATER OCT3 1962 (Use Indelible Pencil or Typewriter) WOUND ME 3k. COLOPIDO Applicant John. I and Martha Alias LOCATION OF WEidwreass County Wald P.O. Address lc. L. Box 268, Greeley, Colo. Quantity applied for__15_5 gym or .._,:its,_NE J, Sect...4a_,33 ,. T ._5_, AF Storage alige. A5 ,_____6__ P.M. OR Used for Domestic Purposes on/at 3E1. BEI. Sec 33 5 B 65 4 Street Address or Lot & Block No. (legal description of land site) •-' Town or Subdivision Total acreage irrigated and other rts. So I. ' ESTIMATED DATA OF WELL is N _ Hole size:__10.1n.to_aft. !; i ' r,/e , 4 attn.in.to...apart.part. d �' I I NZ I ._ 1 - - - Casing Plain ln. from p_toap_ft. Qt Z - - i - - - - I Locate in: from to ft. ' well in Open or Perf from to ft. ' X 40 acre n. from to ft. 4 W i i E (small) PUMP Outlet ° ' square DATA: Type glomming .HP_34129_1.1 ize_ c, - _ _ - ,- _ - - se near s� -'- - - as possible. Use initiation date ootpher 19 aI (Use Supplemental pages tor additional ) .a , +i S $25.00 fee required for uses other THIS APPLICATION APPROVED than Domestic or Livestock. PERMIT NO. 13108 Applicant John E. and Martha 11ipea ISSUED: nu 31962 Agent or DATE 19 Driller ilbmmins Wpll WArlcs No.-71 Address 121- 13th St. Greeley, calnrado x NOTE — SATISFACTORY COMPLETION REQUIRED FOR APPROVAL OF APPLICATION 0 , Gwkli . WRl.xe.r2 COLORADO DIVISION OF WATER RESOURCES Tits roar-MUST u THE EXPIRATION MOO TO 101 Columbine Bldg., 1845 Shuman St. PUMP TYPE OR Dower, Colorado 80203 PRINT IN RUICR INK. ft ai;-STATEMENT OF BENEFICIAL USE OF GROUND WATER AMENDMENT OF EXISTING RECORD PERMIT NUMBER 73336 STATE OF COLORADO COUNTY OF Lot".qr. }SS. THE AFFIANT(S) ' OHM E. F In H R - !144 1-f' Id-CS whose address is &LAR- L#, nor -2kIT GReskyr reed.if 4cl0 1O63/ being duly sworn upon oath, deposes and says that he (they) is (are) the owner(s) of the well described hereon; the well located in the S E 1/4 of the /err IA of Section e2 7 , Township -ri M (N. or S.) Range 4' S LA _, G P.M. at distances of .D„2.3 6 feet from the Ae a K 4. 11- section lir (E.or W.) (North or South) and /30 feet from the 6i+5 4-. section line;the total depth of the well is / L/G 5 feet; water from this we (East or West) was first applied to a beneficial use for the purpose(s) described herein on the day of , 19JQ the maximum sustained pumping rate of the well is_—gallons per minute, the pumping rate claimed hereby is IC gallons per minute; the average annual amount of water to be diverted is Ore- acre-feet; for which claim is beret made for Domes -- ice purpose(s); the legal description of the land on which the watt III from this well is to be used is S a '4 ME in, Sec-I/oqr At 1-SNr RA-c,. 4S , 6.1)„ which totals 20 __acres and which is illustrated on the map on the reverse side of this form; that this well was complete in compliance with the permit approved therefor; this statement of beneficial use of ground water is filed in compliance wit law; he (they) has (have) read the statements made hereon; knows the content thereof; and that the same are true of h {their) knowle ,- c& ', _ {4&L- 31� Signature(s) C7 �L C.G— Subscribed sswoorrn to before me on this hi 29 day of FOR OFFICE USE ONLY /✓— —'• , 19!.G. Prior. Date , , 19— 4I et,IT .:p -, I-.I.L Well Use ' My Commission expires:_ '1 '/4. _t/.. _)/., Sec. Notary PEW ACCEPTED FOR FILING IN THE OFFICE OF THE STATE ENGINEER F , , R. _ P.I COLORAC, T,77 DAY OF dr Se 19a Yield w.D i •-•A / co & • DEPUTY STATE ENGINEE Index WHITE COPY FOR DIVISION OF WATER R U S PINK COPY FOR WELL OWNS 6 rtoe DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N 17TH AVE ' GREELEY, CO 80631 WEBSITE: www.co.weld.co.us II pADMINISTRATION(970)304-6410 O FAX(970)304-6412 PUBLIC HEALTH EDUCATION AND NURSING(970)304-6420 COLORADO FAX(970)304-6416 ENVIRONMENTAL HEALTH SERVICES(970)3046415 FAX(970)304-6411 July 6,2004 John E.Alles and Martha Alles(LE),by James G.Allies,(POA) 1959 26th Avenue Court Greeley,Colorado 80631 RE:John E.Allen and Martha Alles(LE),by James G.Alles,(POA) ISDS No.:04070 Permit No.:SE-0400087 On July 6,2004 an evaluation of the existing individual septic disposal system at: 24819 County Road 43,Greeley; Section 33,Township 5 North,Range 65 West, was conducted by Stephen J.Wiatrowski,an Environmental Specialist of this department. The existing individual septic disposal system is of sufficient size and capacity to adequately handle the proposed load.This evaluation is based on a final treatment capacity for a 3 bedroom residence. The system is being farmed over.Compaction of soil may accelerate the deterioration of the system. Be advised,neither the County of Weld nor any of its agents or employees undertake or assume any liability to the owner of the above property,to any purchaser of the above property or to any lending agency making a loan on the above property or in the report. • This inspection was conducted for the purpose of determining compliance with current regulations and for detecting health hazards observable at the time of inspection. This does not constitute a warranty that the system is without flaw or that it will continue to function in the future. Inspections requested during periods of snow cover and high soil saturation may be of questionable value to potential buyers due to adverse conditions. Evaluations based on Statements of Existing(S.O.E.)relies on information the property owner provides,under oath,indicating current status of the system and representing to the best of his/her knowledge the system is not failing to function properly. If we can be of any further assistance,please contact our office at(970)304-6415. Sincerely, Stephen J.Wiatrowski Environmental Health Specialist Hello