HomeMy WebLinkAbout20100436.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION #4989 -TIMOTHY AND GAIL POWERS
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the request for Recorded Exemption#4989 was submitted by Timothy and Gail
Powers, 4610 County Road 36, Platteville, Colorado 80651, for property which is located on the
following described real estate, to-wit:
Lot A of Amended Recorded Exemption#3005; being
part of the NE1/4 of Section 11, Township 3 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
being more particularly described in the plat which shall be provided by the applicant and known as
Exhibit "A," said plat to be recorded, and
WHEREAS, the Board of County Commissioners, pursuant to its authority under
Section 30-28-101(10)(d), C.R.S., did determine at a public meeting held in the Chambers of the
Board, that a certain parcel of land, to be divided into two parcels, as shown on the plat known as
Recorded Exemption #4989, does not come within the purview of the definition of the terms
"subdivision" and "subdivided land," and
WHEREAS,this request is to divide the property into parcels estimated to be approximately
1.3 acres and 1.2 acres.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the hereinabove described parcel of land be, and hereby is, exempt from the
definition of the terms "subdivision" and "subdivided land."
BE IT FURTHER RESOLVED by the Board that the application of Timothy and Gail Powers
for Recorded Exemption #4989 be, and hereby is, approved subject to the following conditions:
1. A Weld County septic permit is required for any proposed home. The septic system
shall be installed according to the Weld County Individual Sewage Disposal System
(I.S.D.S.) Regulations.
2. Topographic or physical features of the proposed Lots A and B, such as ravines,
ditches, streams, etcetera, may limit the area available for a new or replacement
septic system. Prior to recording the plat,the applicant shall review the Weld County
Code pertaining to septic systems to ensure 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.
2010-0436
RE4989
E,( .. i�L, / L,-) /Y13_
RE #4989 - TIMOTHY AND GAIL POWERS
PAGE 2
3. Prior to recording the plat:
A. The plat shall be titled: Recorded Exemption No. 1207-11-1 RE-4989.
B. Lots A and B shall share the existing residential access, as no additional
accesses shall be granted. A 30-foot-wide joint access and utility easement,
extending across Lots A and B from County Road 36, for the benefit of Lots
A and B, shall be shown clearly on the plat. The joint easement shall be
dedicated for the use as shown using the language set forth in the Weld
County Code, Appendix 24-F.2. The easement shall be graded and drained
to provide all-weather access.
C. All approved accesses shall be clearly shown on the plat.
D. County Road 36 is designated on the Weld County Road Classification Plan
as a local gravel road, which requires 60 feet of right-of-way at full buildout.
The applicant shall verify the existing right-of-way and the documents
creating the right-of-way and this information shall be indicated on the plat.
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.
E. The applicant shall address the conditions and requirements of the Weld
County Department of Public Health and Environment, as stated in the
referral response received January 21, 2010. Written evidence of approval
shall be provided to the Department of Planning Services. The condition is as
follows:
"All septic systems must be located on their respective lots and meet all lot
line set back requirements. Provide a drawing of the septic system, with
dimension and distances from lot lines, to the Weld County Department of
Public Health and Environment for verification of setbacks."
F. The applicant shall attempt to address the conditions and requirements of
the Mountain View Fire Protection District, as stated in the referral response
dated January 8, 2010. Written evidence of such shall be provided to the
Department of Planning Services.
G. The applicant shall submit a completed Mobile Home Zoning Permit(ZPMH)
application form ($75.00 application fee required)for a Change of Use from a
medical hardship to a principle dwelling for the existing modular home to be
located on Lot A of this Recorded Exemption.
H. Lot A shall comply with the one (1) acre net minimum lot size required by
Section 24-8-40.L of the Weld County Code. Net acreage calculations shall
not include reserved road right-of-way.
2010-0436
RE4989
RE #4989 -TIMOTHY AND GAIL POWERS
PAGE 3
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.
J. The following notes shall be placed on the plat:
1) All proposed or existing structures will meet the minimum setback
and offset requirements for the Zone District in which the property is
located. Pursuant to the definition of setback in the Weld County
Code, the required setback is measured from the future right-of-way
line. No building or structure, as defined and limited to those
occupancies listed as Groups A, B, E, F,H, I, M, and R in Section
302.1 of the 2006 International Building Code, shall be constructed
within a 200-foot radius of any tank battery or within a 150-foot radius
of any wellhead. Any construction within a 200-foot radius of any
tank battery, or 150-foot radius of any wellhead, shall require a
variance from the terms of the Section 23-3-10 of the Weld County
Code.
2) Any future structures or uses on the site must obtain the appropriate
zoning and building permits.
3) Lots A and B are 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) Should noxious weeds exist on the property, or become established
as a result of the proposed development, the applicant/landowner
shall be responsible for controlling the noxious weeds, pursuant to
Chapter 15, Articles I and II, of the Weld County Code.
6) Building permits shall be obtained prior to the construction of any
building. Buildings which meet the definition of an Agricultural
Exempt Building, per the requirements of Sections 29-1-20 and 29-3-
20.B.13 of the Weld County Code, do not require building permits;
however, a Certificate of Compliance must be filed with the
Department of Planning Services 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.
7) Effective January 1, 2003, building permits issued on the proposed
lots will be required to adhere to the fee structure of the County-Wide
Road Impact Fee Program.
8) Effective August 1, 2005, building permits issued on the subject site
2010-0436
RE4989
RE #4989 -TIMOTHY AND GAIL POWERS
PAGE 4
will be required to adhere to the fee structure of the Capital
Expansion Impact Fee and the Stormwater/Drainage Impact Fee
Programs.
9) The Weld County Right to Farm Statement, as it appears in Section
22-2-20.J.2 of the Weld County Code, shall be placed on the plat.
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 the Department of Planning Services. 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 of the Board of County Commissioners
Resolution. The applicant shall be responsible for paying the recording fee.
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 of
the Board of County Commissioners Resolution, a $50.00 recording continuance
charge may be added for each additional three (3) month period.
7. The Department of Planning Services respectfully requests a digital copy of this Use
by Special Review, as appropriate. Acceptable CAD formats are.dwg, .dxf, and .dgn
(Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS Personal
GeoDataBase (MDB). The preferred format for Images is .tif(Group 4). (Group 6 is
not acceptable). This digital file may be sent to maps@co.weld.co.us.
2010-0436
RE4989
RE #4989- TIMOTHY AND GAIL POWERS
PAGE 5
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 1st day of March, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
ATTEST: x> „r._ a <1J
Douglas,Rademac er, Chair
Weld County Clerk to F 6 C ••`1f
Barbara Kirkmeyer, P%o-Tem
BY' �g / _�' �!< �lil�`��I�•�_ /�
Deputy Clerk . the Boa �"n.r� � (/ -
Sean P. Co
C
APPROVED AS TO FORM:
l/ Garca
ti
co y Attodiey I/
David E. Long
Date of signature:..5' /O
2010-0436
RE4989
DEPARTMENT OF PLANNING SERVICES
WC RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
COLORADO
PLANNER: Chris Gathman HEARING DATE: March 1, 2010
CASE NUMBER: RE-4989
APPLICANT: Timothy & Gail Powers
ADDRESS: 4610 County Road 36, Platteville, CO 80651
REQUEST: Two-Lot Recorded Exemption
LEGAL DESCRIPTION: Lot A of Amended Recorded Exemption 3005 (AMRE-3005); Part NE4 of
Section 11, T3N, R68W of the 6th P.M., Weld County, CO
PARCEL NUMBER: 1207 11 100102
PARCEL SIZE: +/-2.5 acres ZONE DISTRICT: Agricultural
WATER SOURCE: Lot A: Existing Little Thompson Water District Tap#5666
Lot B: Existing Little Thompson Water District Tap#4842
SEWER SOURCE: Lot A: Existing Septic System Permit#SE-0100026
Lot B: Existing Septic System Permit#SP-0000035
Description: The applicant has submitted a recorded exemption to split off an existing manufactured
home from Lot A of Amended Recorded Exemption 3005 (AMRE-3005). The manufactured
home was permitted as a medical hardship under mobile home zoning permit #ZPMH
2181. The applicant is applying to do this within 5 years of the prior recorded exemption.
The Department of Planning Services staff has reviewed this request and recommends that this
request be denied for the following reasons:
1. It is the opinion of the Department of Planning Services staff that the applicant has not shown
compliance with the following criteria as listed in Section 24-8-40.A through 24-8-40.O of the Weld
County Code:
A. Section 24-8-40.6.1 states: "Lot A of a two-lot recorded exemption created prior to March 1,
2004, is eligible for a one-time-only future land exemption."
The applicant is applying for a two-lot recorded exemption to split Lot A (the smaller lot) of
AMRE-3005. RE-3005 was administratively approved by the Department of Planning
Services prior to March 1, 2004. The boundary of Lot A was later amended/adjusted under
AMRE-3005. This does did not change the 5-year time frame. The 5-year time frame is
based on the recording date of the original recorded exemption, not the amendment.
Therefore, Lot A of AMRE-3005 is eligible for a one-time recorded exemption 5 years from
2010-0436
the recording date of the original recorded exemption (RE-3005). RE-3005 was recorded
on May 3, 2005 under reception #3282720. Amended RE-3005 was recorded June 30,
2005 under reception #3299119. Per the Section 24-8-40.M.1 criteria: Lot A of RE-3005 is
not eligible fora recorded exemption until May 3, 2010.
Should the Board of County Commissioners approve this request, the Department of Planning
Services staff recommends the following conditions be attached:
1. A Weld County septic permit is required for any proposed home. The septic system shall be
installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations.
2. Topographic or physical features of the proposed Lot A and 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.
3. Prior to recording the plat:
A. The plat shall be titled: Recorded Exemption No. 1207-11-1 RE-4989
B. Lot A shall use the existing residential access point as no additional accesses shall be
granted:
Lots A & B shall share the existing residential access point as no additional accesses shall
be granted. A 30 foot wide joint access and utility easement extending across Lots A & B
from County Road 36, for the benefit of Lots A and B, shall be shown clearly on the plat.
The joint easement shall be dedicated for the use as shown using the language set forth in
the Weld County Code, Appendix 24-F.2. The easement shall be graded and drained to
provide all weather access.
C. All approved accesses shall be clearly shown on the plat.
D. County Road 36 is designated on the Weld County Road Classification Plan as local gravel
road, which requires 60 feet of right-of-way at full build out. The applicant shall verify the
existing right-of-way and the documents creating the right-of-way and this information shall
be indicated on the plat. 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.
E. The applicant shall address the conditions/requirements of the Weld County Department of
Public Health and Environment as stated in their referral received January 21, 2010. Written
evidence of Health Department approval shall be provided to the Department of Planning
Services. The condition is as follows:
"All septic systems must be located on their respective lots and meet all lot line set
back requirements. Provide a drawing of the septic system, with dimension and
distances from lot lines, to the Weld County Department of Public Health and
Environment for verification of setbacks."
F. The applicant shall attempt to address the conditions/requirements of the Mountain View
Fire Protection District as stated in their referral dated January 8, 2010. Written evidence of
such shall be provided to the Department of Planning Services.
G. The applicant shall submit a completed mobile home zoning permit(ZPMH) application form
($75.00 application fee required) for a change in use from a medical hardship to a principle
dwelling for the existing modular home to be located on Lot A of this recorded exemption.
H. Lot A shall comply with the one (1) acre net minimum lot size required by Section 24-8-40.L
of the Weld County Code. Net acreage calculations should not include reserved road right-
of-way.
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.
J. 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) Lots A and B are 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.
4) Should noxious weeds exist on the property or become established as a result of the
proposed development the applicant/landowner shall be responsible for controlling
the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County
Code.
5) 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.
6) 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)
7) 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 Storm
water/Drainage Impact Fee. (Ordinance 2005-8 Section 5-840)
8) WELD COUNTY'S RIGHT TO FARM STATEMENT: 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 of the Board of County Commissioners resolution.
The applicant shall be responsible for paying the recording fee.
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 of the Board of County
Commissioners resolution a $50.00 recording continuance charge may be added for each
additional 3 month period.
7. The Department of Planning Services respectfully requests the surveyor provide a digital copy of
this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format
type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This
digital file may be sent to maps(a�co.weld.co.us.
8. The Weld County Department of Planning Staffs approval of this Recorded Exemption Application is
based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any
one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County
Board of County Commissioners with a staff recommendation for denial.
•
RECORDED EXEMPTION (RE) APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT/AMOUNT# /$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number \ a Ora- t, ` - ' - On - ' aa_
(12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.cn.us)
Legal Description`b\ - 11r rY\L --y.":5 , Section \,' , Township-3 North, Range Weil t�C
Has the property been divided from or had divided from it any other property since August 30, 1972? Yes✓,1'Nfo
Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes No
FEE OWNER(S) OF THE PROPERTY:
Nambr< O . _Thci\ M.
Work Phone \.. Home Phone# Email Address
Address. n&3 \ cam` -VA
City/State/Zip Code 0 j \Q Cc) czocc-,
APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany all applications signed by Authorized A ent)
Name
Work Phone, - H� Phone#G S. Email Address Orel( , ad\ &.c
Address: y t— Q
City/State/Zip Code V\CA c i c ,Cc �\c5--)1
NwSkiii
Lot A • �ot B Lot C Lot D
`� Smaller Parcel
Water Source Q \ i ` \ �..y k 1
Type of Sewer `
�
Proposed Use ,�j
Acreage ((\((` t U Y t\:-3..P
Existing Dwellings? If Yes, list address If Y s, list address If Yes, list address If Yes, list address
below: el ,(L3\1/40 below: below:
* It the property is vacant or unimproved write propose 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 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,
notarized ri� evidence must be included showing in the signatory has tQ legal auth\horr)tl�too sign
�for
rtthe corporation.(�
4.�.,2fra.. �V`:24.4 ltd la-A t 1 / r, \ \ Q `09
Signature: Ow er or Authorized Agent Date Signature: Owner or Authorized Agent Date
( (
• •
December 14, 2009
Weld County Planning and Zoning
Weld County Commissioner
North Weld Building
918 10th Street
Greeley, CO 80631
To Planning Committee and County Commissioner,
I am submitting my application for a recorded exemption at the property of 4610 Weld County Road 36,
Platteville, CO 80651. We currently have 2.5 acres on Lot A and are able to exempt it in May 2010. I am
asking you to please consider the exemption before the 5 year time for the following reasons. Back in
1999 I moved my parents up to our farm on a medical hardship since my father had Leukemia. I was
taking care of him while my mom was working since she held the medical insurance. My father passed
away, and my mom is still under the medical hardship which I file each January and still take care of her.
When the sale of Owen Farms went through in 2005 we had to put our property back on Lot A, wait for
the close of the property and then exempt it off Lot A with Mr. Postle,the new owner. Right after that
time we had to finance our house with Wells Fargo. After 8 months of trying to finance the property it
finally went through. We had so many hold ups,due to the modular home that we put on the property
for my parents. We have been trying to refinance the house and property since February 2009 and have
been unable to. Every mortgage company even Wells Fargo has denied the refinance due to my moms
modular home. We got into a bad loan and have been making payments to Wells Fargo on time and
they have refused to refinance due to the other residence. Their reasoning and the other mortgage
companies are telling us is that the banks do not like 2 residences on the same property. They consider
my moms a permanent dwelling, since it is tied down. We have had many obstacles this last 13 months
with medical bills exceeding over$15,000.00 (and that is with insurance),caring for my grandma at our
home and paying for her funeral in July 2009,and other personal things. We are unable to keep paying
the mortgage payment on this house with the high interest and if we are to refinance we would be
saving approximately$828.00 each month. I do not want to loose our home since we have been in here
for 20 years due to a bad loan and unable to refinance, but we have drained all other avenues and
savings. I am trying to look after my family and mom and the financial pressure is getting to heavy with
this situation. I am asking you to please review and consider an early exemption on this application. If
you have any questions, please feel free to call me at 720-341-9164. Thank you for taking the time on
this important matter.
Thanks you,
Gail Powers
4610 Weld County Road 36
Platteville, CO 80651
720-341-9164
Exemption Questionnaire
For
Tim and Gail Powers
4610 Weld County Road 36
Platteville, CO 80651
Existing House
1)
a) Domestic water use for the house is through Little Thompson Water District
which was purchased, August 14, 1997, tap#4842. (see attached permit)
b) There is no irrigation water on that piece of property.
2) There is a septic system on the property. There is a"Statement Of Existing For Septic
System", SE #-0100026, dated on February 27, 2001, and final inspection on 3/1/01
attached.
3) This parcel has a farmhouse, and barn for the horses and hay. We have 3 horses. The
barn is just on the east side of the house. It is all fenced off.
4) The lot is currently 2.5 acres. There is our house and my mom's modular on the same
property. We are trying to keep 1.3 acres with the house and 1.2 acres with the modular.
The modular is currently filed as a medical hardship, and we would like to change the use
To a permanent residence. Both modular and house each have their own electric meters,
septic systems, and water taps. They will both be residential properties.
5) There is a ditch, the McKay ditch line that runs on the north side of the house,just
parallel to road 36.
6) No building envelopes are requested.
7) There is no business on the property only the medical hardship permit on the modular
which will be vacated with the exemption
l
Print F �4 Cglirty Planning Department le
GREEL FY OFFICE
Weld Coun t' keferral
WIWDe December 22, 2009
COLORADO i , 3
The Weld County Department of Planning Services has received the following item for review:
lAppPlease is Reply By hy 22 Gail Oowers Case
sNumber
... r RE-4989
p yJanuary Planner Chris Gathman
Project Two-Lot Recorded Exemption
Legal Lot A AmRE-3005; Located in Part of the NE4 of Section 11, T3N, R68W of the 6th
P.M., Weld County, Colorado.
Location South of and adjacent to CR 36 and approximately'%mile east of the East I-25
Frontage Rd. For a more precise location, see legal.
Parcel Number 1207 11 100102
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.
r We 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.
: See attached letter.
Please notify me of any public hearings regarding this request.
Comments:
Signature 6',10 pad-
Date /
Agency S J 11 OYlMAAwASr(
*/eld County Planning Dept. 1918 10th Street Greeley,CO.80631 *970)353-6100 ext.3540 *970)304-6498 fax
Print Form Submit by Email
Weld County Referral
Weld County Planning Department
IGREELEY OFFICE
:JAM ?'j0 December 22, 2009
COLORADO
• RECrN .:D
The Weld County Department of Planning Services has received the following item for review:
Applicant Timothy & Gail Powers Case Number RE-4989
Please Reply By January 22, 2010 Planner Chris Gathman
Project Two-Lot Recorded Exemption
Legal Lot A AmRE-3005; Located in Part of the NE4 of Section 11, T3N, R68W of the 6th
P.M., Weld County, Colorado.
Location South of and adjacent to CR 36 and approximately''/2 mile east of the East I-25
Frontage Rd. For a more precise location, see legal.
Parcel Number 1207 11 100102
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
47e have reviewed the request and find no conflicts with our interests.
s See attached letter.
w Please notify me of any public hearings regarding this request.
Comments:
Signature L% Date re it:.
Agency ,
Weld County Planning Dept. s918 10th Street Greeley,CO.80631 x(970)353-6100 ext.3540 a(970)304-6498 fax
Chris Gathman
From: Tim Katers [tkaters@berthoud.org]
Sent: Wednesday, December 23, 2009 8:36 AM
To: Chris Gathman
Subject: RE-4989 referral
Chris.
The Town of Berthoud has no comments on this proposal.
Tim
Tim Katers, AICP
Berthoud Planning
325 Massachusetts Ave.
Berthoud, CO 80513
(970) 532-2643
tkaters(alberthoud.org
1
Weld County Planning Department
GREELEY OFFICE
ristsHe $4 cf
MEMORANDUM RECEIVED
TO: Chris Gathman, Planning Services DATE: January 18, 2010
W� FROM: Heidi Hansen, P.E., Public Works Department / -
COLORADO SUBJECT: RE-4989, Timothy & Gail Powers
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):
WCR 36 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:
Lots A and B shall share the existing joint access point. Either the new property line should run down the center of the
access drive OR if the access drive is entirely on one Lot, the applicant shall place an easement on the plat to allow
access to the other Lot.
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-4989
Page I of I M:\PLANNING-DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-4989.docx
Print Form Submit by Email
Weld County Planning Department
GREELEY OFFICE
•
$ JAN ' i ?nin
c,.\\:. RED Md County Referral
' December 22, 2009
COLORADO
The Weld County Department of Planning Services has received the following item for review:
;Applicant Timothy&Gail Powers Case Number RE-4989
Please Reply By January 22, 2010 Planner Chris Gathman
Project Two-Lot Recorded Exemption
Legal Lot A AmRE-3005; Located in Part of the NE4 of Section 11, T3N, R68W of the 6th
P.M., Weld County, Colorado.
Location South of and adjacent to CR 36 and approximately'/mile east of the East 1-25
Frontage Rd. For a more precise location, see legal.
[Parcel Number 1207 11 100102
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
r We have reviewed the request and find no conflicts with our Grree attached letter
a Please notify me of any public hearings regarding this request.
Comments:
t
Signature c Z V I Date / o I \O
Agency NYVir Nf r k �O
:Held County Planning Dept. +618 10m Street Greeley,CO.80631 $970)353-6100 ext.3540 $970)3048498 fax
• MpUNrg2h MOUNTAIN VIEW FIRE PROTECTION DISTRICT
Administrative Office:
F �1I��1■ s 9119 County Line Road •Longmont, CO 80501
(303) 772-0710 • FAX (303) 651-7702
VIEW
January 8,2009
Mr. Chris Gathman
Weld County Planning Department
918 10h Street
Greeley,CO 80631
Dear Mr. Gathman:
I have reviewed the submitted material pertaining to the recorded exemption for the Powers
property, located at 4610 Weld County Road 36 (Case Number: RE-4989). The Fire District
does not object to the request, but does have the following comments and requirements should
future buildings be constructed either of the parcels created:
• Water supply for fire protection may be required for any new dwelling that may be
constructed on either parcel. The Fire District understands there are existing dwellings
currently located on the proposed lots. In instances when a request is for a recorded
exemption and not a subdivision, water supply for fire protection is not required for a single
family residence that is not larger than 3,600 gross square feet and is placed on at least a 2.5
acre site. If a residence exceeds 3,600 gross square feet, or is placed on less than 2.5 acres,
water supply for fire protection requirements may apply. All other structures may require
water supply for fire protection depending on the use of the new structure.
• If water supply for fire protection is not available from fire hydrants, the installation of a
residential fire sprinkler system is accepted as an alternative to meeting the required fire flow
for residential structures.
We appreciate being involved in the planning process. Should you have any questions, please
contact me at 303-772-0710 x 15.
Sincerely,
c C-
LuAnn Penfold
Fire Marshal
LMP/Ip
cc: project file
1p01.02.]0
Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7
9119 Cnty Line Rd. 14308 Mead St.,Unit B P.O.Box 575 PO.Box 11 10911 Dobbin Run 50 Bonanza Dr. P.O.Box 40
Longmont,CO Longmont,CO 299 Palmer Ave. 8500 Niwot Road Lafayette,CO Ene,CO 100 So.Forest St.
80501 80504 Mead,CO 80542 Niwot,CO 80544 80026 80516 Dacono,CO 80514
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. ApplNant Name (A-.\ \�nJ (S Phone MO- 5 1A�CGO
`Address i(A0 \C q— ��O City Q (
c-,,\P u . e State Zip l,c-S\
2. Address or Location of Access (C1- 1O oc\
J�
Section Township- Range Subdivision Block Lot Weld County Road#: 3\p Side of Road ThO N--, Distance from nearest intersection Ira cn ,\e„
3. Is there an existing access to the property? Yes ✓ No #of Accesses k
4. Proposed Use:
( Permanent ( Residential/Agricultural ( Industrial
( Temporary ( Subdivision ( Commercial ( Other
5. Site Sketch
Legend for Access Description:
AG = Agricultural
L..
RE = Residential
O&G = Oil&Gas
D.R. = Ditch Road
❑ = House
O = Shed
A = Proposed Access a O
+ = Existing Access
I � �
—i Idfp
IS m,\es h9r)
•
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:
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II
111111 11111 11111 1111111 1111 11111 111111 111 11111 1111 1111
3365322 02/23/2006 04:17P Weld County, CO
1 of 2 R 11.00 0 0.00 Steve Moreno Clerk& Recorder
--
1;12 QUITCLAIM DEED
THIS DEED,made this 13th day of February ,2006 ,
between SEP, LLC
of the *County of Weld and State of
Colorado ,grantor,and TIMOTHY 0. POWERS and
GAIL M. POWERS
whose legal address is 4610 WCR 36, Platteville, CO 80651 Documentary Fee — Exempt
of the County of Weld and State of Colorado ,grantees:
WITNESS,that the grantor,for and in consideration of the sum of mum,
GOOD AND VALUABLE CONSIDERATION
the receipt and sufficiency of which is hereby acknowledged,has remised,released,sold and QUITCLAIMED,and by these presents
does remise,release, sell and QUITCLAIM unto the grantees,their heirs,successors and assigns forever,not in tenancy in common
but in joint tenancy, all the right, title, interest, claim and demand which the grantor has in and to the real property, together with
improvements,if any,situate,lying and being in the County of Weld and
State of Colorado,described as follows:
Lot A - AmRE-3005, a tract of land being part of the Northeast One-Quarter
(NE 1/4) of Section 11, Township 3 North, Range 68 West of the 6th P.M. ,
being more particularly described on Exhibit "A" attached hereto and incorporated
herein by reference.
I
also known by street and number as:
assessor's schedule or parcel number:
TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto belonging,or in
anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever of the grantor,either in law or equity,to
the only proper use,benefit and behoof of the grantees,their heirs and assigns forever.
The singular number shall include the plural,the plural the singular,and the use of any gender shall he applicable to all genders.
IN WITNESS WHEREOF,the grantor has executed this deed on the date set SEP, LL��Cot-�rtyy�h above.
By: Shirley E. Powers, Manager II STATE OF COLORADO
SS.
County of Larimer •
The foregoing instrument was acknowledged before me this 13th day of February 2006 '
by Shirley E. Powers, Manager of SEP, LLC
...,,�\\
......—‘a€NEN4rp ttt Witness my hand and official seal. 14
01- ?•,•• ! My commission expires: January 8, 2008 0
fl: nit RY'% 4 `o. b
i. ✓ / Notary Mho! o x
Insert"City and"if applica jI A• •!V.11,.V. Qd
8
tell • ill�:'on Creating Newly Created Legal Descu ri tion(I 39-35-106.5,C.RS.) U1
liu ` , v
No.962.Rev.4.94. QUITCLAIM DEED(to Joint Tenants)
Bradford Publishing, 1743 Warn St.,Denver,CO 80202-(303)292.2500—www.bradfordpoblishing.com—1-03
iii 11114111101: iii1eiii�iiii1iii\iiri�
Ier
2'%Z F j 002 p 0.00 Steve Moreno Clerk
EXHIBIT "A"
cir•oiP ON t 0T A — AmRE-3005
•
A tract of land being port of the Northeast One—Quarter (NE 1/4) of Section Eleven (11), Township Three (3)
North, Range Sixty—Eight (68) West of the 6th Principal Meridian, Weld County, Colorado, being more
particularly described as:
Considering the north line of the Northeast One—Quarter (NE 1/4) of said Section Eleven (11) to bear
South 89'35'25" West and all bearings contained herein relative thereto:
Beginning of a point on the north line of the Northeast One-Quarter (NE 1/4) of said Section Eleven (11)
whence the North One—Quarter (N 1/4) Corner of sold Section Eleven (11). bears South 89'35'25" West,
436,31 feet; thence along the north line of the Northeast One—Quarter (NE 1/4) of sold Section Eleven (11),
North 89'35'25" East, 429.55 feet; thence leaving the north line of the Northeast One—Quarter (NE 1/4) of
said Section Eleven (11), South 02'16'48" East, 265.14 feet;
thence to 89'4,
9 uth 89 8 '35'25"
5 2Wes "2West feet;2 5 thence, (L9),
6 feet:
thence,'(L7). North 02'15'46" West, 75.01 )•
, feet; thence, (
South ot'56'00" East, 15.09 feet; thence, (L10), South 89'38'26" West, 50.00 feet; thence,
(L11), South 02'15'46" East, 60.00 feet; thence, (L12), South 89'35'25" West, 54.63 feet; thence,
North 02'15'45".West, 265.14 feet to the Point of Beginning,
The above—described tract contains 2.50 acres, more or less, and is subject to rights—of—way and/or
easement reserved for Weld County Rood 36 along the northerly side of the parcel and is subject to rights—
of—way and/or easements of record or as may now exist.
1471 I I• •a
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 N 17TH AVE
GREELEY, CO 80631631 WEBSITE: www.co.weld.co.us
' ADMINISTRATION (970) 304-6410
FAX (970) 304-6412
O PUBLIC HEALTH EDUCATION AND NURSING (970) 304-6420
FAX (970) 304-6416
• ENVIRONMENTAL HEALTH SERVICES (970) 304-6415
COLORADO FAX (970) 304-6411
March 7,2001
Shirley Powers
4920 County Road 36
Platteville,Colorado 80651
RE: Shirley Powers ISDS No.: 01-023
Permit No.: SE-0100026
Dear Ms. Powers:
On March 1,2001,an evaluation of the existing individual septic disposal system at 4610 County Road 36,
Section 11,Township 03 North,Range 68 West,was conducted by Stephen J. Wiatrowski,an environmental
specialist of this department.
The system is not constructed in accordance with current regulations,as the tank is undersized by 500
gallons. Because the system was installed prior to the adoption of statewide guidelines by the Colorado Board of
Health,the County considers this system to be"grandfathered"and will not require that the system be brought
into compliance with current regulations so long as the system functions in accordance with current Regulations.
The Department recommends that the tank size be increased by 500 gallons. Please be advised that should you
decide to repair your system a permit is required from this Department prior to any alterations to the system.
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.
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,_ )
'k
Steph n J. W-iAtrowski
Environmental Health Specialist
SJW/ske/powers shirley
Enclosure
cc: Weld County Department of Planning
y•iY
• WELD NTY DEPARTMENT OF PUBLIC •SE# --Sc._ - O/ 0 0 0;26, :iv'
HEALT ND ENVIRONMENT ORG PERMIT#
1555 N. 17TH AVENUE REPAIR#
0� GREELEY,COLORADO 80631 LOAN#
IL�O� PHONE: (970) 304-6415 ISDS# C) I O
FAX: (970) 304-6411
COLORADO STATEMENT OF EXISTING FOR SEPTIC SYSTEM
(PLEASE FILL
OUT IN BLACK INK ONLY)
PARCEL# \f (5)-\\ Cit n (\ `C. r
PROPERTY OWNER \(\Cx �.1,"'( PHONE NO. fto) . - t��ra
MAILING ADDRESS 0 \,>-; C A S( ' 3, 9¢,C \\e, Q a v '
City State Zip
DESCRIPTION OF BUILDING(ex. house,mobile/modul r home�shop,office)�(j`-L
SITE/LOCATION ADDRESSjAt ,_ ��C, r \sevV& , C_'G 7- (--
�' City State Zip
LEGAL DESCRIPTION PT�Iz , PT SECTION \\ TOWNSHIP RANGE S
SUBDIVISION LOT BLOCK FILING
CENCUS TRACT LOT SIZE/ACRES :a.
COMMERCIAL YES/ O, \ RESIDENTIAL_ !NO
NUMBER OF P.E SONS``-- BASEMENT PLUMBING YES/ O
BEDROOMS � BATHROOMS FULL .D., 3/4 1/2
WATER SUPPLY PUBLIC NO UTILITY NAME \ \�\Y- \ ( Q �
PRIVATE YES/NO CISTE S/NO WELL� YES/NO WELL PERMIT# T
SYSTEM SIZE: Septic tank material is constructed of( '\;t\C(;\(1 and has Fc.%, gallons capacity.
MELD: Trench square feet or Bed ire 96 0 square feet YEAR INSTALLED P
You are required to draw a diagram of the system on the reverse side of this form in black ink only and indicate
location,length,width,and distance from the dwelling.
The undersigned property owner hereby certifies that the above described septic system is in fact installed,as
described,and 'sts at this time on the parcel of ground identified by the above legal d ription and further states
that the syste i is not in good working order and to the best of his/her knowledge is s no ailing to function
properly.
I further understand that any falsification or misrepresentation may result in revocation of any permit granted based
upon this information hereby submitted and in legal action for perjury as provided by law.
2-27—Q1 it PAX/2104065 14
DATE OWNER
Subscribed and sworn to before me this 29 77/'' day of gio /t^cia vy . 1-99.-Z271
n by / i Wk. I'en4A-e_r —
Witness my hand and official seal. My commission
expires: i-/--O V-
2-27-Ot i4 <-e-n el, C -0 a7
DATE NOTARY PUBLIC Li
STATEMENT OF EXISTING REVIEWED BY %1C1k
ENVIRONMENTAL HEALTH SPECIALIST
attrit6 INDIVIDUAL•WAGE DISPOSAL REQUEgi NO. : 0' 1 o .2 J
SYSTEM EVALUATION RECORDED EXEMPTION NO. :
ink
RECEIVED: -2'
O RECEIVED BY: 7,Lc
COLORADO FEE $90 . 00 : k p
lam, '4)4'14_, C 1 , �' DATE INSPECTED : -j-C (
OWNER: /� a �.J / ! / 1 .�°..-C� PHONE: "1 I IJ 5 c7, ? 7 --).
GI-
MAILING ADDRESS: 44%,, O CII. ;369 /-7'G: H eLI. I I ' Cyr% --.,. /
I / CITY �7STATE _ ZIP
SITE ADDRESS: `RI (-:9 i(-) n IC 3G fr C1 F? C' C. j(', ''L. 1.o j}Z� U S /
CITY STATE ZIP
LEGAL DESCRIPTION: PT: PT: SEC: / i TWN: 3 N RNG: t-,
SUBDIVISION: LOT: ELK: FLG:
WATER SUPPLY: LI N ,.( � _ RESIDENTIALZGdMMERCIAL TOTAL ACRES: 9
PERMIT ON RECORD: Name: P6-1,04,71 2 - 4 /Li 7:0 :K be..--.. Permit No. :. ! Lf.4—. J'(.. rS.O.E,}�YES/NO
C}'
System Size: Tank: C) gallons Trench: square feet Bed: `1CoC_1 square feet
Percolation Rate: minutes per inch Soil Type: r-t-✓O,
Engineer Design: YES,® Percent Ground Slope: Direction:
The septic system identified above 6; ./LTO&_of sufficient size to accommodate the propos'
alterations(s) indicated below to the structure(s) served by this system. ,
`49.V- .- —Z-"
CURRENT FLOW ADDITIONS PROPOSED TOTAL
Description: `FPM�2.(..Q.,-2--. Description: j-,-)e... Description:
Persons:
Bedrooms:
Bathrooms: lA._
Basement Plumbing: 1900
Th isting • system is RECOMMENDED ave the fo • rations made
ac mm da he propo erations to t ucture(s) served:
Neither the County of Weld nor any of its agents or employees undertake or assume any liability
the owner of the above property, to any purchaser of the above property or to any lending .agent
making a loan on the above property or in the report.
This inspection was conducted for the purpose of determining compliance with current regulatio:
and for detecting health hazards observable at the time of inspection. This does not constitu
a warranty that the system is without flaw or that it will continue to function in the futur'
Inspections requested during periods of snow cover and high soil saturation may be of questionab
value to potential buyers due to adverse conditions. Evaluations based on Statements of Existi,
(S.O.E.) relies on information the property owner provides, under oath, indicating current stat
of the system and representing to the best of his/her knowledge the system is not failing
function properly.
• • Tap No. ` `
LITTLE THOMPSON WATER DISTRICT
Domestic Water Agreement
���
This Agreement made this /4 day of ,19 97 by and between
UtA (M If/ a D Land Owner, Hereinafter referred to as User, and
LITTLE THOMPSOfi WATER DISTRICT, a statutory water district, herinafter referred to as the District, is upon the
following terms and conditions, for the
prooperty and/ water ta,p shown below:
Legal Owner of Property: S) 1 L./I el: ��&itt_O� /
Street Address of Property: - �Ci /��� /I,,L9 t 2117 �i r�
Town and Zip Code: (�A relit ,,f CCJ ,,,,���C��nOt000�,,�,, r�ILTWD Tap m No: �l\4
Purpose of Domestic Water Service: M1-t1) 772-73 I
Residential Single Family; Multi-family; Commercial; or Other (describe
WHEREAS the District is the owner of facilities for the purpose of furnishing Domestic Water to users within said District:and
WHEREAS the user is desirous of obtaining domestic water for his property,
NOW THEREFORE, the parties hereto agree to the following:
I. This agreement shall be the binding contract between the User and the District.
2. User hereby agrees to pay to the District such sum as may be prescribed from time to time by the Board of Directors as the
water rate or charge for such water service. Payments shall start when the District installs the tap and water is available for
delivery. A minimum payment, as prescribed from time to time by the Board of Directors of the District, shall be due and
payable regardless of water use.
8. Until paid,all rates,tolls,or charges shall constitute a perpetual lien on and against the property served,and any such lien
may be foreclosed in the same manner as provided by the laws of the State of Colorado for the foreclosure of merchanic's lien.
The District shall shut off or discontinue service for account delinquencies or other violations of the District's Rules and
Regulations.
4. No water service may be obtained except upon property included within the boundaries of the District. User agrees to
include the property served within the District,if this has not been previously accomplished.User further agrees that he will
not permit other persons to use water furnished to him under this agreement.
5. District agrees to furnish water to User PROVIDED,that the District shall not be liable for loss to User for failure to deliver
water because of war, riot, insurrection, breaks in the water system or Acts of God.The District shall endeavor to repair all
breaks promptly on District lines.
6. User agrees to abide by such other rules and regulations of the District regarding the use of water as may be established from
time to time by the Board of Directors. I n / �� ,,p
7. The user's name and billing address for all statements and notices is: ``��e (A1L(q �W(�LC
41oC3Ie,//Cr 7.50
�k Je ,_53 i.4V
Phone: C 76 — --3 _ 462 r
IN WITNESS WHEREOF the parties have subscribed their names the day and year first above written.
LITTLE T SON WATER DISTRICT
BY: tl/ / -11:1a—'a—
/t/C� n...raa.¢M/
(/ ((Signature of Land Owner)
LTWD Form 120
(Rev. April, 1986)
• • Tap No.
Lil l_LE THOMPSC►N WATER DISTRICT
Domestic`1 ater Agreement
This Agreemeut made this day of .19 by and between
Land Owner.Hereinafter referred to as User.and
LITTLE THOMPSON WATER DISTRICT, a statutory water district, herinafter referred to asthe District.is upon the
following terms and conditions, for the property and water tap shown below:
Legal Owner of Property. _.
Street Address of Property: - -
Town and Zip Code: - - LTWD Tap No-.
Purpose of Domestic Water Service: -
Residential Single Family.Multi-family:Commercial:or Other(describe) -
WHEREAS the District is the owner of facilities for the purr ose of furnishing Domestic Water to users within said District and
WHEREAS the uses is desirous of obtaining domestic waa for his property.
NOW THEREFORE, the parties hereto agree to the following:
I. This agreement shall be the binding contract between the User and the District.
2. User hereby agrees to pay to the District such sum as m:y be prescribed from time to time by the Board of Directors as the
water rate or charge for such water service.Payments shat,start when the District installs the tap and water is available for
delivery.A minimum payment,as prescribed from time to time by the Board of Directors of the District,shall be due and
payable regardless of water use.
shall constitute a lien on and against the property served,and any such lien
3. Until paid,all rates,tolls,or charges p rpetual
may be foreclosed in the same manner as provided by the laws of the State of Colorado for the foreclosure of merchant's lien.
The District shall shut off or discontinue service for act unt delinquencies or other violations of the District's Rules and
Regulations.
4. No water service may be obtained except upon property included within the boundaries of the District. User agrees to
include the property saved within the District,if this has tot been previously accomplished.User further agrees that he will
not permit other persons to use water furnished to him u der this agreement.
5. District agrees to furnish water to User PROVIDED,tba t the District shall not be liable for loss to User for failure to deliver
water because of war,riot,insurrection,breaks in the wat s system or Acts of God.The District shall endeavor to repair all
breaks promptly on District lines.
6. User agrees to abide by such other rules and regulations A the District regarding the use of water as may be established from
time to time by the Board of Directors.
7. The user's name and billing address for all statements and notices is:
Phone:
IN WITNESS WHEREOF the parties have subscribed der it names the day and year first above written.
LITTLE THOMPSON WATER DISTRICT
BY: _ -
(Signature of Land Owner)
LTWI)Form 120
(Rev.April, 1986)
LTITLE TROMPS')N WATER DISTRICT
WATER TAP APPLICATION TAP NO:
TO:Board of Directors,Little Thompson Water District
Application is hereby made for domestic water service to the following described property
Legal Owner of Property:
Street Address of Property:
Town and Tap Code:
Subdivision: Lot No: Block No:
Section: Township: North, Range: __ West of the 6th P.M. County:
Applicant understands that if this application is not accepts d by the District,or in the event the applicant decides to withdraw
this application for water service prior to installation,the tar fee will be refimded to applicant,with the exception of any actual
expenses which may be incurred by the District in processin.;this application.
Meter Size Tap Fee
5/8"
3/4"
1"
Is
2"
Notes:
Tap sizes larger than 2"will be charged a fee as set by the E card of Directors.
TAP FEE IMPACT FEE SPRINKLER TAP FEE
Applicant understands that property must be included in ti a District boundaries for service and agrees to furnish a complete
written legal description of the property served prior to tap i nstallation,if so requested.
If application for service is accepted,applicant understand;that the water service is subject to the rules and regulations of
the District,as currently establiehrx) or as may be modified in the future by the Board of Dna toil_ A copy of the rules and
regulations for the District is available for the applicant if r Sired
Applicant certifies that final lot grade will be established prior to installation. The District will not be liable for the
expense of a meter relocation if required after installati m due to a change in lot grade.
(Signature of Legal Owners) (Sigma=of Applicant)
(shat Address)
FOR DISTRICT OFFICE USE ONLY (Town and Zip Code)
Tap Number. Area: (fakphmeNrmabcr)
Tap Fee Rudd: District hereby acknowledges receipt of
Land Included in District:
Meter Book:
Map Number. Node Number:_
Date Tap Installed:
Job Order#: District Representative Date
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