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Home My WebLink About20102002.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION#5032-STEVE AND SANDY DOERSCHLAG 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#5032 was submitted by Steve and Sandy Doerschlag, 36401 County Road 43, Eaton, Colorado 80615, for property which is located on the following described real estate, to-wit: Lot B of Recorded Exemption #4497; being part of the NE1/4 SE1/4 of Section 33, Township 7 North, Range 65 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 #5032, 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 67 acres and six (6) 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 Steve and Sandy Doerschlag for Recorded Exemption #5032 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 Lot A, 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. Ce- P(., o p� 2010-2002 q -3- ID RE5032 RE #5032 -STEVE AND SANDY DOERSCHLAG PAGE 2 3. The West Greeley Soil Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on-site soils. 4. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 0709-33-4 RE-5032. B. The applicant shall submit documentation from the North Weld County Water District indicating that water service is available for proposed Lot B. C. The applicant shall submit proposed building envelope(s) for Lot B to the Department of Planning Services, for review. Upon approval by the Department of Planning Services, the building envelope(s) shall be delineated on the plat. Additional building envelopes shall be labeled "alternative building envelope." All building envelopes shall take into consideration impacts to productive farm ground as well as the location of incompatible uses, floodplain, ditches, wetlands, geological hazards, accesses, preferable locations, oil/gas easements, and oil/gas structures which must meet setbacks as required by Section 23-6-10 of the Weld County Code. D. Lots A and B shall use the existing residential/agricultural/oil and gas/ditch road access necessary for agricultural operations, as no additional accesses shall be granted. E. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access. If a drainage culvert is required, a 15-inch Corrugated Metal Pipe(CMP)is Weld County's minimum size. If the applicant chooses to install a larger culvert, the Weld County Department of Public Works shall be contacted to adequately size the culvert. F. County Road 74 is designated on the Weld County Road Classification Plan as an arterial road, which requires 140 feet of right-of-way at full buildout. There is presently 60 feet of right-of-way. An additional 40 feet shall be delineated on the plat as future County Road 74 right-of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. G. 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 buildout. 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 2010-2002 RE5032 RE #5032-STEVE AND SANDY DOERSCHLAG PAGE 3 shall be measured from the edge of future right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. H. All vehicles located on the property must be operational with current license plates, or be screened from all adjacent properties and public rights-of-way, or be removed from the property. All other items considered to be part of a noncommercial junkyard must also be removed from the property or screened from adjacent properties and public rights-of-way. 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. J. The applicant shall delineate and label the floodplain boundary on the plat drawing. K. If none of, or only a portion of, Lot B is removed from the Special Flood Hazard Area (SFHA), designated by the Federal Emergency Management Agency(FEMA),the applicant shall submit a proposed building envelope for Lot B to the Department of Planning Services, for review. If any portion of the building envelope on Lot B is within the FEMA designated SFHA,a Flood Hazard Development Permit(FHDP)shall be submitted,showing the building envelope to be located outside of the floodway for Lone Tree Creek and establishing a base flood elevation for the building envelope. The FHDP application shall be prepared utilizing accepted FEMA guidelines and methodologies. The FHDP application shall be stamped, signed, and dated by a Colorado registered professional engineer. L. 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. M. 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 2010-2002 RE5032 RE #5032-STEVE AND SANDY DOERSCHLAG PAGE 4 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) 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) All structures requiring building permits shall be located within the designated building envelope. 5) A portion of the proposed Lots A and B lies in a Special Flood Hazard Area (SFHA) defined by the Federal Emergency Management Agency (FEMA). This SFHA is delineated on the current effective Flood Insurance Rating Map (FIRM), panel number 080266 0487C, dated September 28, 1982. Portions of lots located in the current effective FEMA 100-year floodplain may not be buildable. 6) Lots A and B are partially located within the FEMA mapped Lone Tree Creek, Zone A, 100-Year Floodplain and possibly the floodway. Weld County Code prohibits the construction of buildings within the floodway. A Flood Hazard Development Permit (FHDP) is not required for agricultural activities; however, if the owner proposes to construct any type of building or place fill within the FEMA designated floodplain, a FHDP will be required showing that the proposed activity is not located within the floodway (Planning Policy No. 2010-07). Additionally, the FHDP application must show that the development activity is in compliance with all floodplain regulations in effect at the time of application. 7) A Letter of Map Amendment (LOMA), completed through FEMA, removed two structures (residence and garage) on Lot A from the Special Flood Hazard Area (SFHA). (Case No. 09-08-0413A). 8) WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY DESIGNATION. Please be advised that owners of Lots A and B of RE-5032 may not be able to obtain building permits to construct non-agricultural structures. All construction or improvements occurring in the floodplain, as delineated on Federal Emergency Management Agency FIRM Community Panel Map#080266 0487C, dated September 28, 1982, shall comply with the Flood Hazard Overlay District requirements of Chapter 23, Article V, Division 3, of the Weld County Code, and all applicable FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. 2010-2002 RE5032 RE #5032 - STEVE AND SANDY DOERSCHLAG PAGE 5 9) Flood Hazard Development Permits will be required for development or construction activities located within the FEMA mapped Lone Tree Creek Floodplain. 10) The installation of any septic system within the 100-year floodplain shall comply with the Weld County I.S.D.S. Floodplain Policy. In accordance with the State of Colorado I.S.D.S. Regulations, no septic system shall be installed within the floodway. 11) 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. 12) 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. 13) Prior to the release of building permits, the applicant shall submit evidence of approval from the Eaton Fire Protection District to the Weld County Department of Building Inspection. 14) 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. 15) 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 need 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. 16) Any disturbance of wetlands shall require the applicant to contact the U. S.Army Corps of Engineers for permits pursuant to Section 404 of the Clean Water Act. 17) 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. 2010-2002 RE5032 RE#5032-STEVE AND SANDY DOERSCHLAG PAGE 6 18) 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 Programs. 19) Prior to the release of building permits on either lot, 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. 20) 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 orArcGIS 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. 2010-2002 RE5032 RE#5032- STEVE AND SANDY DOERSCHLAG PAGE 7 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of August, A.D., 2010. BOARD OF COUNTY COMMISSIONERS 3- �7� WELD COUNT COLORADO ATTEST: 3 `.., � CYD cy QP5-44v14 u/� if vti.Dou I Radem cher,air Weld County Clerk to th �o ' '' .1�3i2 f rbara Kirkmeyer, ro-Tem BY:L het/ ,,/ Deputy Clerk to e Board ,-- C Sean P ay APP D FORM: / j I Williagi F. G tam ounty Attorney ( o4 V David E. Long Date of signature: 7./�z r 2010-2002 RE5032 • ^ 1 DEPARTMENT OF PLANNING SERVICES V RECORDED EXEMPTION ADMINISTRATIVE REVIEW C� COLORADO PLANNER: Kim Ogle HEARING DATE: August 16, 2010 CASE NUMBER: RE-5032 APPLICANT: Steve and Sandy Doerschlag ADDRESS: 36401 County Road 43, Eaton, CO 80631 REQUEST: Two-Lot Recorded Exemption LEGAL DESCRIPTION: Lot B RE-4497, being part NE4 SE4 Section 33, T7N, R65W of the 6th P.M., Weld County, CO PARCEL NUMBER: 0709-33-4-00-029 and 0709-33-4-00-031 PARCEL SIZE: +/-71.29 acres Gross ZONE DISTRICT: Agricultural +/-69.76 acres Net WATER SOURCE: Lot A: Existing North Weld County Water Tap#3800 Lot B: Proposed North Weld County Water SEWER SOURCE: Lot A: Existing septic system, Permit#SP-0700032 Lot B: Proposed septic system Description: The applicant has submitted a recorded exemption to split off an existing single family residence from SE-1108, created for the purposes of financing. This action was completed on April 30, 2007 with the recording of the plat, Reception number 3472020. The applicant is applying to create an additional parcel within 5 years of the prior recorded exemption because they have extenuating circumstances due to the economy. The Doerschlag's have a buyer who will purchase Lot B and will be continuing to farm the ground. If approved, this recorded exemption would create a separate lot for the applicant and a separate lot for the continuation of agricultural practices. 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.M.1 —After March 1, 2004, the proposed recorded exemption is eligible for land exemption if it is not part of: 1. The largest lot of a recorded exemption which was recorded within the last five (5) years. 2010-2002 The applicant is applying for a two-lot recorded exemption to split Lot B (the larger lot) of RE-4497. RE-4497 was recorded on February 16, 2007 under reception #3456002. Per the Section 24-8-40.M.1 criteria: Lot B of RE-4497 is not eligible for a recorded exemption until February 16, 2012. 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, 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. The West Greeley Soil Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on site soils. 4. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 0709-33-4 RE-5032 B. The applicant shall submit documentation from North Weld County Water District indicating that water service is available for proposed Lot B. C. The applicant shall submit a proposed building envelope(s) for Lot B to the Department of Planning Services for review. Upon approval by the Department of Planning Services, the building envelope shall be delineated on the plat. Additional building envelopes shall be labeled alternative building envelope. All building envelopes shall take into consideration impacts to productive farm ground as well as the location of incompatible uses, flood plain, ditches, wetlands, geological hazards, accesses, preferable locations, oil/gas easements and oil/gas structures which must meet setbacks as required by Section 23-6-10 of the Weld County Code. D. Lot A and Lot B shall use the existing residential / agricultural / oil and gas / ditch road access points necessary for agricultural operations as no additional accesses shall be granted. E. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. F. County Road 74 is designated on the Weld County Road Classification Plan as an Arterial road, which requires 140 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. An additional 40 feet shall be delineated on the plat as future County Road 74 right-of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. G. 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 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. H. All vehicles located on the property must be operational with current license plates, or be screened from all adjacent properties and public rights of way, or be removed from the property. All other items considered to be part of a noncommercial junkyard must also be removed from the property or screened from adjacent properties and public rights-of-way. 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. J. The applicant shall delineate and label the floodplain boundary on the Plat drawing. K. If none of or only a portion of Lot B is removed from the FEMA designated SFHA, the applicant shall submit a proposed building envelope for Lot B to the Department of Planning Services for review. If any portion of the building envelope on Lot B is within the FEMA designated SFHA, a flood hazard development permit(FHDP) shall be submitted showing the building envelope to be located outside of the floodway for Lone Tree Creek and establishing a base flood elevation for the building envelope. The FHDP application shall be prepared utilizing accepted FEMA guidelines and methodologies. The FHDP application shall be stamped, signed, and dated by a registered professional engineer licensed to practice in the State of Colorado. L. 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. 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) All structures requiring building permits shall be located within the designated building envelope. 5) A portion of proposed Lots A& B lie in a Special Flood Hazard Area (SFHA) defined by the Federal Emergency Management Agency (FEMA). This SFHA is delineated on the current effective Flood Insurance Rating Map (FIRM), panel number 080266 0487C, dated September 28, 1982. Portions of lots located in the current effective FEMA 100-yr floodplain may not be buildable. 6) Lots A and B are partially located within the FEMA mapped Lone Tree Creek, Zone A, 100-Year Floodplain and possibly the floodway. Weld County Code prohibits the construction of buildings within the floodway. A Flood Hazard Development Permit (FHDP) is not required for agricultural activities. However, if the owner proposes to construct any type of building or place fill within the FEMA designated floodplain, a FHDP will be required showing that the proposed activity is not located within the floodway (Planning Policy No. 2010-07). Additionally, the FHDP application must show that the development activity is in compliance with all floodplain regulations in effect at the time of application. 7) A letter of map amendment (LOMA) completed through FEMA removed two structures (residence and garage) on Lot A from the Special Flood Hazard Area (SFHA). (Case No. 09-08-0413A) 8) WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY DESIGNATION. Please be advised that owners of Lots A& B of RE- 5032 may not be able to obtain building permits to construct non-agricultural structures. All construction or improvements occurring in the floodplain as delineated on Federal Emergency Management Agency FIRM Community Panel Map#080266 0487C dated September 28, 1982, shall comply with the Flood Hazard Overlay District requirements of Chapter 23, Article V, Division 3 of the Weld County Code and all applicable FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65." 9) Flood Hazard Development Permits will be required for development or construction activities located within the FEMA mapped Lone Tree Creek Floodplain 10) The installation of any septic system within the 100-year floodplain shall comply with the Weld County I.S.D.S. Floodplain Policy. In accordance with the State of Colorado I.S.D.S. Regulations, no septic system shall be installed within the floodway. 11) 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. 12) 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. 13) Prior to the release of building permit, the applicant shall submit evidence of approval from the Eaton Fire Protection District to the Weld County Building Department. 14) 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. 15) 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. 16) Any disturbance of wetlands shall require the applicant to contact the Army Corps of Engineers for permits pursuant to Section 404 of the Clean Water Act. 17) 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) 18) 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) 19) Prior to the release of building permits on either Lot, 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. 20) 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 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 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 maps(&,,co.weld.co.us. 8. The Weld County Department of Planning Staff's 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. DEPARTMENT OF PLANNING SERVICES 477; 1555 N 17th AVE GREELEY, CO 80631 PHONE: (970)353-6100, Ext. 3540 FAX: (970)304-6498 COLORADO June 2, 2010 Steve &Sandy Doerschlag 26401 CR 45 Eaton CO 80615 Subject: RE-5032 - A Recorded Exemption located on a parcel of land described as Lot B RE-4497; Part of the NE4 SE4 of Section 33, T7N, R65W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is approved. If staff determines that the application does not meet the approval criteria or if staff has concerns with the application, staff may elect to forward the application for review to the Board of County Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Eaton Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Eaton Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Eaton at 970-454-3338, for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. Sincerely, Digitally signed by N,istineis m •Ir,,yy-�,1]tJj/^ Reason:I am the author of this document Location:1555 N 17th Ave Date:201006.0213'.1332.0600' Kim Ogle Planner • RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# 1$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number a 7 9 -. 3- _ - (/o -® 7 E rn(12 digit number-found on Tax I.D. information, obtainable at the Weld County Assessor's Office,or www.co.weld.co.us) Legal Description la-6 a-47/? 7 , Sectior>..53, Township 7North, RangiS-West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes V No_ Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes /No FEE OWNER(S) OF THE PROPERTY: J Name: 6�c �t 5m nSt, ..J;�ocvbc 4(a-t?t Work Phone#*VqW— 3a .Home Phone# //,� -21-4/ Email AddressS/ -/4rL-1*L3 ems`/r4/.Gn Address' ?44 / 0113 City/State/Zip Code Oct, °rab/c APPLICANT OR AUTHORIZED AG ENT (See Below:Authorization must accompany all applications signed by Authorized Agent) Name: .„410-c....• +Doc✓ac:hlot Work Phone#4≤342c56 " Home Phone#f/Sz/d.1/al Email Address r_4r7t %,st a2eA /. c Address:J6QG/ C'e4'5 City/State/Zip Code j -/-!4z , Cv Lot A Lot B Lot C Lot D Smaller Parcel Water Source /r/l) /VV/.J Type of Sewer 50 Ate6p4rcr • Proposed Use /�G v/77//k17C.— Acreage rC�ty� j7 G Existing Dwellings? If Yes, list address If Yes, list address If Yes, list address If Yes, list address below: below: below: below: 3.6/5/ Ns 34Wor eot'/3 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 m st be incl d showing the signatory has the legal authority to sign for the corporation. � LC 7/o Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date -4- &i< ��d ets //cJ a- la-- /7 Swop//-P"e6 ,I -/Aa/% 'I is /c - Ac CvsYcs 717,7f %≥"mC /.47/s o.7 V a. a VS/.57z/it/ (.5)/rc 4-Cy /11,aC.- / G'1 ,71„2:7 40 2 Lya,7 n-thy A_ (4i rn c Gr.)/ 7Y% %Y&&JC a Ste. //Cf f 45t 4' s z� 6 ' drX,5,:s7 ? A/JG Y bQ*77 / cSP_ c ZL A 2 41O Identify Results • • Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R4710707 Parcel#: 070933400029 Tax Area: 3885 Bordering County: Acres: 40 Township Range Section Ouart. Sec. Subdivison Name Block# Lot# 07 - 65 - 33 -4 - - Owners Name&Address: Property Address: DOERSCHLAG STEVEN R& Street: 36401 43 CR 36401 COUNTY ROAD 43 City: WELD EATON, CO 80615 Additional Owners: DOERSCHLAG SANDRA K Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # $0 Legal Descrip i n PT NE4SE4 33-7-65 PT LOT B REC EXEMPT RE-4497 36401 43 CR WELD 00000 Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Agricultural 4117 Acres 39.22 Agricultural 4167 Acres 0.78 Land Subtotal: 40 $20,485 $5,950 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Residential 2 Out Building Improvements Subtotal: $632,019 $74,640 Total Property Value $652,504 $80,590 Building Details Account#: R4710707 Parcel#: 070933400029 Owners Name&Address: Property Address: DOERSCHLAG STEVEN R& Street: 36401 43 CR 36401 COUNTY ROAD 43 City: WELD EATON, CO 80615 Building# Property Type 1 Residential http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=07093... 5/31/2010 Identify Results • • Page 2 of 2 Individual Built As Detail Built As: 2 Story Year Built: 2007 Exterior: Frame Hardboard HVAC: Central Air to Air Interior Finish: Drywall Built As SQ Ft: 4099 # of Baths: 3 Roof Type: # of Bdrms: 3 Roof Cover: Composition Shingle # of Stories: 2 Rooms: 0 Units: 0 Garage_ Attached SQ Ft: 930 Detached SQ Ft: 0 Basement: Total SQ Ft: 2393 Finished SQ Ft: 0 Account#: R4710707 Parcel#: 070933400029 Owners Name &Address: Property Address: DOERSCHLAG STEVEN R& Street: 36401 43 CR 36401 COUNTY ROAD 43 City: WELD EATON, CO 80615 Building# Property Type 2 Out Building Individual Built As Detail Built As: Barn Year Built: 2007 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 4125 #of Baths: 0 Roof Type: #of Bdrms: 0 Roof Cover: #of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: http://maps2.menick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=07093... 5/31/2010 • Weld County Treasurer Statement of Taxes Due Account Number R4710707 Parcel 070933400029 Legal Description Situs Address PT NE4.SE4 33-Y-65 PT LOT B REC EXEMPT RE-4497 36401 43 CR WELD 00000 36401 43 CR WELD 00000 Account: R4710707 DOERSCHLAG STEVEN R& 36125 CR43 EATON, CO 80615 Year Charges Billed Payments Balance 2009 Tax $5,176.86 $5,176.86 $0.00 Grand Total Due as of 05/28/2010 $0.00 Tax Billed at 2009 Rates for Tax Area 3885-3885 Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 16.8040000* $1,354.23 AG-FLOOD $20,481 $5,940 SCHOOL DIST RE2 27.4520000 $2,212.36 IRRRIGATED LAND NORTHERN COLORADO WATER 1.0000000 $80.59 AG-WASTE LAND $4 $10 (NC FARM/RANCH $516,405 $41,110 EATON FIRE 9.0000000 $725.31 RESIDENCE-IMPS AIMS JUNIOR COLLEGE 6.3120000 $508.69 OTHER BLDGS.- $115,614 $33,530 AGRICULTURAL HIGH PLAINS LIBRARY 3.2550000 $262.32 WEST GREELEY CONSERVATION 0.4140000 $33.36 Total $652,504 $80,590 Taxes Billed 2009 64.2370000 $5,176.86 "Credit Levy ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. Weld County Treasurer P.O. Box 458, Greeley CO 80632 1400 N 17th Ave,Greeley CO 80631 (970)353-3845 ext. 3290 REFERRAL LIST Name: Steve and Sandy Doerschlag • •E-5032 County Towns&Cities Fire Districts _Attorney _Ault _Ault F-1 S Health Department _Berthoud _Berthoud F-2 _Extension Office _Brighton _Briggsdale F-24 _Emergency Mgt Office _Dacono _Brighton F-3 _Sheriffs Office S Eaton S Eaton F-4 S Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans _Galeton F-6 Airport Authority _Firestone _Hudson F-7 S Building Inspection _Fort Lupton _Johnstown F-8 S Code Compliance _Frederick _LaSalle F-9 Kim Ogle(Landscape Plans) _Garden City _Mountain View F-10 _Lin (Addressing Change of Zone) _Gilcrest _Milliken F-11 Ambulance Services _Greeley _Nunn F-12 Grover _Pawnee F-22 State _Hudson _Platteville F-13 _Div. of Water Resources _Johnstown _Platte Valley F-14 _Geological Survey _Keenesburg _Poudre Valley F-15 _Department of Health _Kersey _Raymer F-2 _Department of Transportation _LaSalle _Southeast Weld F-16 _Historical Society _Lochbuie _Union Colony F-20 _Water Conservation Board _Longmont _Wiggins F-1S _Oil&Gas Conservation Commission _Mead _Windsor/Severance F-17 Milliken Division of Wildlife _New Raymer Legal _South Hwy 66 (Loveland) _Northglenn Parcel ID# _North Hwy 66(Greeley) _Nunn Zone Acres? _Division of Minerals/Geology _Pierce USDA _Platteville Airport Soil Conservation Districts _Severance Geo Haz _Big Thompson/FTC Thornton FP? Panel# _Boulder Valley/Longmont _Windsor IGA? ORD# _Brighton/SE Weld MUD? Centennial Counties S Greeley/West Greeley _Adams _Platte Valley _Boulder I West Adams _Broomfield Little Thompson _Larimer Federal Government Agencies Other _US Army Corps of Engrs S School District RE-2 _USDA-APHIS Vet Service _Central Colo.Water Conservancy Dist Federal Aviation Admin (Structures _RR over 200 ft or w/in 20000 ft of Pub _Ditch Company, Airport _Art Elmquist(MUD Area) _Federal Communications Comm 7 Commissioner Kristine Ranslem From: Kristine Ranslem Sent: Wednesday, June 02, 2010 2:05 PM To: Bethany Salzman; 'Joyce Wallace'; 'Gary Carsten'; 'Tim Unrein'; 'dsantillanes@eatonfire.org' Subject: RE-5032 Referral Attachments: Application.pdf; Referral Sheet.pdf We have just received a case (RE-5032) in which we ask that you review the attached material and send a referral to us by July 2, 2010. Attached is the application and referral sheet. You may send your comments to the Planner assigned to this case, which is Kim Ogle (kogle(a)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! Kristi.v e nci wstevu Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 • • Print Form (lilt Lip...... Weld County Referral Irlik COLORADO June 2, 2010 The Weld County Department of Planning Services has received the following item for review: Applicant Steve 8 Sandy Doerschlag Case Number RE-5032 Please Reply By July 2, 2010 Planner Kim Ogle Project Two Lot Recorded Exemption Legal Lot B RE-4497; Part of the NE4 SE4 of Section 33, T7N, R65W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 74; west of and adjacent to CR 43. For a more precise 'location, see legal. Parcel Number 0709 33 400029 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 El We have reviewed the request and find no conflicts with our interests. O See attached letter. O Please notify me of any public hearings regarding this request. Comments: Upon review of my case files and computer,no violations were noted. Signature Date 06/02/2010 Agency Zoning Complia e Offic r II +Weld County Planning Dept. +1555 N 171h Ave, Greeley,CO.80631 0(970)353-6100 ext.3540 4(970)304-6498 fax • Print Form 1 Weld Counn Planning Department GREELEY OFFICE cti JUN 15 ?ntn RECEIVED CWeld County Referral June 2 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Steve&Sandy Doerschlag Case Number RE-5032 Please Reply By July 2, 2010 Planner Kim Ogle Project Two Lot Recorded Exemption Legal Lot B RE-4497; Part of the NE4 SE4 of Section 33, T7N, R65W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 74;west of and adjacent to CR 43. For a more precise location, see legal. Parcel Number 0709 33 400029 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 -WEbave reviewed the request and find no conflicts with our interests. O See attached letter. ❑ Please notify me of any public hearings regarding this request. Comments: Signature �/ .Gl� Date lO' it • /t! Agency a- �G�y��A-!ice L�,I AL ��A , w r *Weld County Planning Dept. 01555 N 17th Ave,/' "Greeley,CO.8O631 0(970)353-6100 ext.354400'^0(970)304-6498 fax . • Print Form Weld County Planning Department GREELEY OFFICE JUN 15 2mn RECEIVED CWeld County Referral• June 2 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Steve &Sandy Doerschlag Case Number RE-5032 Please Reply By July 2, 2010 Planner Kim Ogle Project Two Lot Recorded Exemption Legal Lot B RE-4497; Part of the NE4 SE4 of Section 33, T7N, R65W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 74;west of and adjacent to CR 43. For a more precise location, see legal. Parcel Number 0709 33 400029 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. El Please notify me of any public hearings regarding this request. Comments: -Th9/Signatufe Date 44///D TOW N OF LAION Agen y 223 first Strcct Eaton, CO 80615-3479 *Weld County Planning Dept. 91555 N 17th Ave, Greeley,CO.80631 b(970)353-6100 ext.3540 49(970)304-6498 fax 06/11/2010 FRI 14: 23 FAX • • ®002/002 Print Form Weld County Referral e June 2, 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Steve&Sandy Doerschlag Case Number RE-5032 Please Reply By July 2,2010 Planner Kim Ogle Project Two Lot Recorded Exemption Legal Lot B RE-4497; Part of the NE4 SE4 of Section 33,T7N,R65W of the 6th P.M., Weld County,Colorado. Location North of and adjacent to CR 74;west of and adjacent to CR 43. For a more precise location, see legal. Parcel Number 0709 33 400029 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 g 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 \ 4" ctitANT SJa_. Date lolh'\ • Agency is ra.kC3 ZL-Z Meld County Planning Dept. 01555 N 17"'Ave, Greeley,CO.80631 0(970)353-6100 ext.3540 0(970)304-6498 fax • • Weld County Planning Department GREELEY OFFICE Kik MEMORANDUM R �n r, RECEIVED IC TO: Kim Ogle, Planning Services DATE: July 1, 2010 FROM: Heidi Hansen, P.E., Public Works Department cil COLORADO SUBJECT: RE-5032, Steve & Sandy Doerschlag 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 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. WCR 74 is an arterial road, which requires a 140-foot right-of-way at full build out. There is presently a 60-foot right-of- way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1- 90), the required setback is measured from the future right-of-way line. REQUIREMENTS: 1. The applicant shall utilize the existing agricultural/residential accesses for Lots A & B of RE-5032. No new accesses have been proposed. 2. 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: A portion of proposed Lots A& B lie in a Special Flood Hazard Area (SFHA) defined by the Federal Emergency Management Agency (FEMA). This SFHA is delineated on the current effective Flood Insurance Rating Map (FIRM), panel number 080266 0487C, dated September 28, 1982. Portions of lots located in the current effective FEMA 100-yr floodplain may not be buildable. Lots A and B are partially located within the FEMA mapped Lone Tree Creek, Zone A, 100-Year Floodplain and possibly the floodway. Weld County Code prohibits the construction of buildings within the floodway. A Flood Hazard Development Permit(FHDP) is not required for agricultural activities. However, if the owner proposes to construct any type of building or place fill within the FEMA designated floodplain, a FHDP will be required showing that the proposed activity is not located within the floodway (Planning Policy No. 2010-07). Additionally, the FHDP application must show that the development activity is in compliance with all floodplain regulations in effect at the time of application. A letter of map amendment(LOMA) completed through FEMA removed two structures (residence and garage) on Lot A from the Special Flood Hazard Area (SFHA). (Case No. 09-08-0413A) 3. If none of or only a portion of Lot B is removed from the FEMA designated SFHA, the applicant shall submit a proposed building envelope for Lot B to the Department of Planning Services for review. If any portion of the building envelope on Lot B is within the FEMA designated SFHA, a flood hazard development permit(FHDP) shall be submitted showing the building envelope to be located outside of the floodway for Lone Tree Creek and establishing a base flood elevation for the building envelope. The FHDP application shall be prepared utilizing Page] of 2 M:\PLANNING-DEVELOPMENT REVIEMARE-Recorded Exemption\RE-5032\RE-5032.do accepted FEMA guidelines and methodologies. The FHDP application shall be stamped, signed, and dated by a registered professional engineer licensed to practice in the State of Colorado. Upon approval by the Department of Planning Services, the building envelope shall be delineated on the plat. All building envelopes shall take into consideration impacts to productive farm ground as well as the location of incompatible uses, flood plain, ditches, wetlands, geological hazards, accesses, preferable locations, oil/gas easements and oil/gas structures which must meet setbacks as required by Section 23-6-10 of the Weld County Code. 6. Please show and label the floodplain boundary on the Plat drawing. 7. Please add the following notes to the Plat: a. "WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY DESIGNATION. Please be advised that owners of Lots A &B of RE-5032 may not be able to obtain building permits to construct non-agricultural structures. All construction or improvements occurring in the floodplain as delineated on Federal Emergency Management Agency FIRM Community Panel Map #080266 0487C dated September 28, 1982, shall comply with the Flood Hazard Overlay District requirements of Chapter 23, Article V, Division 3 of the Weld County Code and all applicable FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65." b. Flood Hazard Development Permits will be required for development or construction activities located within the FEMA mapped Lone Tree Creek Floodplain. c. The installation of any septic system within the 100-year floodplain shall comply with the Weld County I.S.D.S. Floodplain Policy. In accordance with the State of Colorado I.S.D.S. Regulations, no septic system shall be installed within the floodway. pc: RE-5032 Page 2 oft M:\PLANNING-DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-5032\RE-5032.do Memorandum TO: Kim Ogle, W.C. Planning DATE: July 1, 2010 • FROM: Lauren Light, W.C. Department of Public COLORADO Health and Environment CASE NO.: RE-5032 NAME: Doerschlag Environmental Health Services has reviewed this proposal to exempt 6 acres from a 73 acre site. Proposed lot A will consist of 6 acres and proposed lot B will consist of 67 acres. There is an existing residence on proposed lot A which is served by North Weld County Water District (meter 3800 000) and an individual sewage disposal system (SP- 0700032). The majority of the property is in the floodplain. A tap from North Weld County Water District and an individual sewage disposal system will be installed on proposed lot B when a residence is constructed. The following condition is 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. 2. Submit documentation from North Weld County Water District indicating that water service is available for proposed lot B. 3. The installation of any septic system within the 100-year flood plain shall comply with the Weld County I.S.D.S. flood plain regulations. In accordance with the Colorado I.S.D.S. Regulations, no septic systems shall be installed within the floodway. Please contact Weld County Public Works to verify flood plain vs. floodway. • • DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue GREELEY, COLORADO 80631 PHONE: (970) 353-6100, EXT. 3540 FAX: (970) 304-6498 COLORADO Date: June 2, 2010 Applicant: Steve & Sandy Doerschlag Project: Two Lot Recorded Exemption Case Number: RE-5032 Parcel Number: 0709 33 400029 1. Based on the information provided, there will be no construction on site. Therefore, no building permits will be required at this time. Regards, Ken Swanson Building Official Weld County Building Department nt 0) CO r co M n I CA Cfl r co M M r N N M r N O CO U . £5110 Z } CN7Ill CO NI- Z N CO CI h co co r Z ► N Ri 0� r7 a © 4$ o f V 0 It U u? r( 111 11: V CC N U t, re. coTen- 1`� CO r en M CO W ti 0 r M V • U 6* . 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DOERSCHLAG DOERSCHLAG g m CR 43 t m I aj c > I X I 1 I_ ____— --______ ._ ___/C"-----"N et avoa JUN1103 :4/ m 0 ulln voo oo � � vCO Op wr wu W di di � a)o Cro ea �co Q d IO I4-----E-21--1.-*----.„, mo 'tur- O cc o J `C I O ti l'- a) v v nt "r rri w th o � r.- o r'` mcb o co co r- co too o rn O ON A '7o J Jo CC o � CO 4 < 1 96 -ti0 50L4-3a V10110� L 1 I- 0 et ti o C icc -to 0 it ti.C7 CC m z I- m o 0 V ct ) , ,_ tr avo MNflOO • S CJ 1 LY 3 � -7 T4y\T INS t ' Y � I t Y . 10 WI { \ C1 ti. C4 , t ti �' . :a '14. l �� t r .. - y 1 °fit % I d, • ^ b ti i1;1 1 -*--- • .,r� • 1 I I (.r -• , . - 4 • Z OHO ' r ti tti ��v��0 p x : x Q0 C <_, P 4 .s�, 4� c'o,, �On oI 1 — _A ' . . PO .. I IA.T. ,ipris -- - J. Z u, = `� -- -_- a • • Ili's% • 1\ •• ' ' 1 . ', :1,1 4 ' pj! *'t ' 'r# T . , di t I f III V - - ". s‘irli. J.1' 117" r' 'I . 14 . .• NN. I .r _- .`r. of e. t T1 as Y i i._Jt' 0' r < , / — Iisf 16 . Ii__ _ ._ __. .., D - •j•ti• - . f 1y I.;' l' -Ip +4 ft :� 4. i _ . f . 1 \ YI 1 Iiitt ^> I4 —IL . • I a' # at "' COUNTY ROAD ` . - II i'3... .. - 71 • • r ' I aill"' J • FND NOTHING - SET #6 X 30" REBAR W/ E 1/4 COR SEC 33 2 1/2" ALUM CAP END 3 1/4" ALUM PLS 9644, 2006 (LINE OF OCCUPATION & RECORD) • CAP IN MONUMENT N89'07'14"E 1317.22' BOX, LS 7242 CENTERLINE FIELD ROAD 1995, ACCEPTED N89'0T14"E 450.00 19$9'071M1 E (A) N89'07'14"E 499.71' 367.50' BOOK 507 0 REC 91428693.m ( I • N30'07'19'W \____ N7j, 11 W 44�.02/10/1964 Ib-;. 129.27 58, 3 0 0 81-1106 3 30' ACCESS & E 1/4 COR SEC 33 - 0 4.653 AC o o UTILITY FND 3 1/4" ALUM CAI o v o N EASEMENT IN MONUMENT BOX, z 0 a FOR BENEFIT LS 22098, 2001 z OF SE-1108 II NOT ACCEPTED N89'0T14"E l EXIST ACCESS 450.00' (A) FND MONUMENT 0.68' EAST & 11��rr 0.08' NORTH OF TRUE LOCATION 4ER N (B) FND MONUMENT 0.80' EAST & 0.29' NORTH OF TRUE LOCATION f M I 3 -�:niiI m CORNER m ;Pro om. \P PLS IIz 0 N Oi P PLS m II w II 4ERWISE r 0 o ur N89'38'41"E II " 371.41' ^ 0' 700' 200' 400' I.N _ hi O N Z 03 W N SCALE' 1" = 200 m cr cr N so 3 IN II 3 m 0 o 3 LOT A M a o m rn t0 RE-4497 ' D o LOT O M1 'o N z RE-4497 o N -OUT- .I o v 0 z z I 3i m 27 34 40245"E II 917.97'END BENT #4 REBAR N8938'41"E9'01'27"E 371.41' - I 0 K1 25.10' 0 I 3 --LOT B `o Moll z FUTURE —0-- 40' ROW 34 30' ROW 3 LOT A m� v EXIST 30' UTILITY BOOK 8 RE-1705 o EASEMENT TO n; r PAGE 199 yn n= m NWWD . N8938'4T"E. -OUT- N a 0 co .- 3o REC #3295293 371.41' l 7/18/1898 m 0¢\ a. man w 3 I mo LOT B 0 0 - Zi" RE-4095 s ct " -OUT- - o o o N88'18'23"W N N I. v 100.00' N01'41.37"E I LOT A T. 7 N. i _ 157.32 RE-4095 '— _ 41j...JJJ...___ —. -OUT- 3! 34 T. 8 N. S88'18'23"E I - E 1/16 COR 721.71' 588'18'23"E 504.71' SEC 33 & 4 4 3 SE COR SEC 33 FND 3 1/4" ALUM N88'18'23"W 1326.41'CAP IN MONUMENT END 2 1/2" ALUM BOX, LS 7242 CR 74 CAP, PLS 9644 1995 2004 • 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) 3DOa4-6497 Road File#. Other Case#: RE # : o4SaL 1. Applicant Name City J_Gi/C*t PhonStateGc) Zip rfar Address,.....4‘ C 2. Address or Location of Access 341O/ Cr- y7 7 Range bje/Subdivision �F// k Lot Section �_Township#: . � /�% `PM_ Weld County Road#: y1 Side of Road Distance from nearest intersection 3. Is there an existing access to the property? Yes No #of Accesses 2- 4. Proposed Use: ❑ Permanent Residential/Agricultural ❑ Industrial Temporary ❑ Subdivision ❑ Commercial ❑ Other 5. Site Sketch I I L. Legend for Access Description: AG = Agricultural RES = Residential O&G = Oil& Gas DR = Ditch Road p = House J = Shed • = Existing Access I IA `_ ' _ ellS/Sl"n'5 Q = Proposed Access IA a`-�t t v NI 7y OFFICE USE ONLY: in n Road ADT Date Accidents Date Road ADT_ Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized D Information Insufficient Reviewed By: Title: -7- CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD Heritage Title Company hereby certifies that it has made a careful search of its records and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION Lot B, Recorded Exemption No. 0709-33-4 RE-4497, recorded February 16, 2007 at Reception Number 3456002, being a part of the East 1/2 of the Southeast 1/4 of Section 33, Township 7 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. CONVEYANCES (If none appear, so state): Reception No. 1460372 Book 538 Reception No. 2173287 Book 1226 Reception No. 2173288 Book 1226 Reception No. 2284372 Book 1332 Reception No. 3457292 Book N/A This certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be construed as an Abstract of Title, Opinion of Title or a Guarantee of Title and the liability of Heritage Title Company is hereby limited to the fees paid for this Certificate. In Witness Whereof, Heritage Title Company, has caused this Certificate to be signed by its proper officer this 24th day of May, 2010, at 7:00 am. Order No. H0261699 Heritage Title Company 7- By: 1 Authorized Signatory 538 APR 5. .1965.: �j�� ''. R«ara.e_ .a [, , , ,..„ etaea r. ' Reception N .._,_126037;Z ANN 7FDMIR„ Rtcordar. t, gips i, � fps_peel! Made this -fah day of April in the r' year,of our Lord one thousand nine hundred and Sixty-five between EARL C. SMITH and RUTH E. SMITH other - City and County of Denver and State of Colorado,of the t&at part,and JOHN E. GUSTAFSON and DORIS J. GUSTAFSON of ha County of Weld and State of Colorado, of die second part; WITNESSETH:That the said parties of the first part,for and in consideration of the sum of Other valuable consideration and TEN DOLLARS, to the said part lea of the first part In hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant,bargain, 11 convey and confirm unto the said pantie,of the second part to past not in tenancy in common nit t5hve,n. -..mi. :w,}aa-(aiN M. a fA b_-,ahrb nenignr and the heirs and assigns w of such rvivor forever,all the I ,~lowing described lot or parcel of land,situate,lying and being Its She- - 's County of Weld and State of Colorado,to—wit: , The East Half(El) of the Southeast Quarter (SET- of Section Thirty- � " `• a ) Y" eL three (33), Township Seven (7)North, Range Sixty-five (65) West of II" is.t 1 the 6th P.M., together with one-half of all oil, gas, and other ;(2 7 0II minerals located in and under the above described property, and together with all irrigation wells, not Csmhrun, g g pumps, motors, pipelines, and a,m Est -2 f'.% other equipment used in connection therewith; excepting however h;" r' a n , that certain tract of land conveyed by deed recorded in Book 507, � t 1 Reception No. 1428693, Weld County Records. i', ' 1' J1ea TOGETHER with all and singular the hereditantents and appurtenances thereunto belonging, or In any wise `--n1t f''"-��'i appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; an,' ssw �s T er( all the estate, right,title, interest, claim and demand whatsoever of the said part ieo of the first part, either IPI_ law or equity, of, in and to the above bargained premises,the hereditamrnts and appurtenances. TO HAVE AND TO HOLD the said �'premises shove bargained and described, with ns of ssnancet, onto she) r said parties of the second part, the survivor of them, their assigns, am' the heirs and assigns of such survivor for. g PA:, I ever. And the said part iee of the first part,furthers! yea,tjAHW executors, and administrators, do covenant, grant, bargain and agree to and with the said parties of the second part, the survivor of them, their!.\� J: assigns end the heirs and assigns of such survivor,that at the time of the ensealing and delivering of these presents,g ,,-a: they are well seized of the premises above conveyed, as of good, sure, perfect,absolute and indefeasible estate nrwemnnvge of inheritance,in law,in fee simple,and ha ye good right, full power and lawful authority to grant, bargain,: FaJ,,l•"",:In sell and convey,the same in manner and form aforesaid,and that the sante are free and clear from all former and I� EuaiWran_i other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature saever: —c=�''t!l!1 ohuat sae, Subject to 1965 taxes; reservations as contained in the U. S. Land Patent; ){,�/ ir, I and subject to rights of tenant in possession; ` gi°rr'r` and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the of them, thew assigns and the heirs and assigns of such survivor,against all and every person or persons t yay\ lawfully claiming or to claim the whole ar any part thereof, the said part iee of the first part shall and will ? �t��ysptt WARRANT AND FOREVER DEFEND, n '.y.11 IN WITNESS WHEREOF, the said partiesaf the first part have hereunto set their hands and i • seals the day and year first above written. - ISigned, Sealed d Delivered in the Presence of jr\L m l l , 1 m _ _(SEAL) �1l Hflcr�f6:� �c� .�C�L-, Fi KI" py 99 �,•a eI 0Sf /Lr d1, rZ Finn .33r: uthE Smith -i.L �i_.-.._._ --(SEAL) in is .s jC / d? ii0e,h'i Id>_r.._NC-l� 6cel L �4`=�j fsz l- — — __ (SEAL) m ro STATE OF Co,.OLORA➢O.las The foregoing instrument was acknowledged before me this`3� day of County f Weld, 5' iii ,u,,,. _.___A2S11 __.___.11)_65.hY-Ear1O__Smith and—_--._ `.. '.. ,..a�... ••..,•,Ovo. Ruth E.HandS ____ _—___—___an_.__.--_ O J •'• with... My sad Ofikial S - II• CIO ifj u.o ,o -ti: Q For J :� My Cmomhtbn Repine ._ _ • S /4 er i e t, 1- - . rs a a a . . ♦ . . - :, t WAERAN+Y'DEED—To Joint Tenants -..... tat.•-• •e$> ^ a/ N AR217.3287 - H 1226 REC 02173287 03/13/89 16:40 $3.00 1/001 F 1543 MARY ��ANN j FF,EUERSTEIN CLERK & RECORDER WELD CO, CO e 5 afagfl ee 'PHIS DEED is a eonveyancs of the real property described below,Including any Improwrnans and other appurtenances(the -propeW7irom the lndiodusi d,corporslbnla),pa.tnerslpls),orotherectiy(In named below asGRANTOR totwlodlvldual(s) or enlly(bs)named below as GRANTEE. The GRANTOR hereby sells end conveys the property to the GRANTEE end the GRANTOR warrants Mantle to the plopeny, except for(II the Ilan ul the general property taxes for the yam of this deed.whloh ale GRANTEE will pry IN any easements rid phs-ohway Mown of record(3)any patent reservations and exceptIons(4)any outstarqIng mineral Nernst,eh wool r5Nfd(6) any protective cotenants and restrictions shown of record,and(6)any additions matters shown WOW under'Additional Wananly Exceptions'. The Specific Terms of This Deed Are Groom (Oisneneie)end plce0sresidence ll the@ouse of the owner-aaao.Is jolting in We Deeds Meer lealeel ild rgllY,IdvtIj anion as husband and wdal State lx,ct-,....duq' Fe' JOHN E. GUSTAFSON and DORIS J. GUSTAFSON DGtn /98q 20939 Weld County Road 74 r NU <' Eaton, CO 80615 $ -_LLL Granter Woe WGwa rivers)and addrerles).dslmnent of address,Inca dNN avel4es road a Welt number,s needed) VIRGIL R. WORTH and DEBBY L. WORTH Rt. 4, Box 29, Texhoma, OK 73949 Form of CPO4ngreMp: Ill Glee ere Moo moteg'aMees rw•ed they we be careldered to taken lnwXa M omens woes as wedeln dlnt leeaney'of word@ of the same meaning we added d the sped Yllow.) DP IN JOINT TENANCY $11,.50 Properly Deealpnoft (include county and slew tot B of Recorded Exemption No. O7O9-33-4-RE 1148 as per the map recorded February 27, 1989 in Book 1225 under Reception No. 2171867 Weld County Records; being a portion of the East Half of the Southeast Quarter (ELISEk) of Section Thirty-three (33), Township Seven (7) North, Range Sixty-five (65) West of the 6th P.M., County of Weld, State of Colorado. TOGETHER with 2 adjudicated irrigation wells known as Earl Smith Well and Pump No. 1 and Earl Smith Well and Pump No. 2 as decreed by the District Court of Latimer County, Colorado on September 10, 1953 under Case No. 11217. PTepeny MIMIC vacant land COMICIII ROrr (The stemmas of a dollar neat Is oplbnr:adequate cpedwalbn for this bid will be praa.r.d weer Mb eeneyance to rdeeldied as a gift in soy ewe this conveyance is Isola heal and wneMittomo ONE HUNDRED FIFTEEN THOUSAND and NO/100DOLLARS (8115,000.00) Resenelons•Raatndions, n1,MotUNTo Imendsto reoerr,any lnwre,tlnihe propertyw loaeeylwalhenheowd,oIttheQNANTo1 D 4 tMre,nlp the GRANTEES right in the propene.make apgopllele Indeellon.) EXCEPTING end reserving unto grantors herein all of the oil, gas and other minerals now owned by them. 8 a Addltleami Warranty Eaeeptlmis: include deeds al trust home reamed and ewer matters not sewed were.) 3 Subject to cropland lease for the year 1989 to Louie Miller. a Eseauled by the Grantor alt March 11 ,e 89 Mond =Cl...for Corpora en,Pawr:alp or Asset= ppd.,Claw ler ayAAbyaR 6€94Name er pants: craporrwn,PattMrstp or Aawwllon G E. Gu 601 Gnaw BY Dore s a son 7�_ Grantor err CJ a ` -- Granter -+ a r4reOFcoioaiwv ,•', '�• )}'wpm. I ere e , foe edlrowWged been me stn 13th *rya March ,ter 89 �at1 {i cR, Fuitafteon and Doris 7. Gustafson far SSWS WNW ass ��y air OWEN ameYfw //v February 26, 1991 `� laft ""� l CO c;• t Neer Pare STATE OF i si COUNTY Od The loraowne mMnnMnl was ekneewdpd enters me this ere et •IS CO Iwmd mevduuWnoulo)cent Oraner 4 Cethteahen attnan Ot 3mSe,Iion.mrllda(t)ci sa0icm.) Nppnalb,emgaevNsyer wd4M eeeMery el capwsbn:or ea pennons)of pulnm sad ne w authorised msmbane)el seocWdone WITNESS my hand and Wfcsl set Mt'conahabm e.eise _ Ness Pure e SW LE GAL FOAMS N0.301 P.O.O.Sot d fate- EGALy.Colorado (500)505th E 12 C 02173288 03/13/89 16.40 0 1/001 AR2173288 - F 15 Y ANN FEUERSTEIN CLERK & RECORD E' CO, CO -61461811 ed me9 THIS DEED lea conveyance of the reel property described below.Ireluding any improvements and other appurtenances(the "ympeny")lromthe indMdualls),corporalion(s).arnershlp(s),or otherenthyllea)named below ea GRANTOR lathe Indlvlduel(!) or entltylles)named below u GRANTEE. The GRANTOR hereby*Mb and conveys the properly to the GRANTEE and the GRANTOR warrants the Idle to the properly. except for 41)the Ilan of the penerei property tames for the year 01 this Bred,which the GRANTEE will pay 42)any easements and rights-of-way shown of record(3)any patent reservations end exceptions(4)sly 3ubtandlrg mineral interests mown of record(6) any protective covenants and restnorIons shown of rlaerd.and(6)any additional matters shown below under^Additional Warranty Esc options'. The Specific Terms of This Deed Are: Gri nforl IGwe name(s)and placers)of rendence if the spouse of the owner-grantor a pining m me Deed to release homestead rights.identity enamor.as husband end cite I VIRGIL R. WORTH end DEBBY L. WORTH, husband and wife St'teq Docur iontoy Fe. Rt. 4, Box 29, Texhoota, 01( 73949 Dr' J,42214157-12a. $ ....... Grantee: 13we month and addreisi:nl staterrant of ilda•eee.including evadable road or strew number.is mowed) ROBERT L. SCIB4UNK and BARBARA 3. SCEMUNK, husband and wife — 21019WCR06 4013419000080600t4013419000080600tEATON,ON, CO 80615 CASW41?1&) • Foim of CO-OWnenblp: lit there are two Or more grantees Mated they will be considered to lekeastenants m common unless the words"in lomt tenancy'or words of the same metamrq are added in the spate below I in joint tenancy Property Description: (Inouye county and sate I DF Lot B of Recorded Exemption No. 0709-33-4-RE 114$ as per the map recorded February 27, $11.5 1989 in Book 1225 under Reception No. 2171867 Weld County Records; being a portion of the East Half of the Southeast Quarter (E4SE6) of Section Thirty-three (33), Township Seven (7) North, Range Sixty-five (65) West of the 6th P.N., County of Weld, State of Colorado. TOGETHER with 2 adjudicated irrigation wells known as Earl Smith Well and Pump No. 1 and Earl Smith Well and Pump No, 2 as dscreed by the District Court of Larimer County, Colorado on September 10, 1953 under Case No. 11217. Property Address: Consideration: rise lalrm,m o'a 00110•fnmml is mho.*adequatecons'deratmn for and 0eelwdl pre presumeo Mies this conveyance is ,dropl.ml a,a Oat m any Caw Ind c+rv,r,nce is absolute final and uneondncnel I Relervations-Restrictions: WIS.GRANTOR,menet, ...ln.any intermits lie properly m le ConveyWasManhe Sleet Or el the GRANTOR n re,lniclmp IM'GRANTEE S rqm rn 1M property mike app Olureir mawanon 1 — N R O O a • Additional Warranty Exceptions: lIm pm m n nnnl nonn msnlnrn sell wiser manes,.n cmrnm anmr r Subject to easements, reservations and restrictions of record or established on the A premises, general property taxes for 1989, and cropland lease for 1989 to Louis Miller. 0 f re:vied by the Grantor s.. March 13 la 6.9_. Stenalur@ Clouse Ter Corporation.Partnership or Association: Signature Cilium to,IIMMdaM(ah Name of Granter CuW:Winn Pparershrp or Assoc.men ,`/)Y/p/�/�' )� Grantor B, ._— Grantor By _-- __--- Grantor Anent _____..______._.._. .... .— ._...._.. STATE OF COLORADO I s, COJNTY OF WELD .mmrvar:an mat,'mam was acs newleea.m rerun.we ins 13th on,el March .t989 e," Virgil R. Worth and Debbie L. Worth WITNESS my hand snncereaaeeal al s . 'BaVA/�� Q /e,i� My<omrwmlonesphea: "7 Ffyr'Fnb rice:• r L �f February 26, 1991. �Ilsdx COO)ITYTTO�S sl I Tpa I�:Myaf11/p(meni in ttc nnwlaer•d More me mu day Or .19 ...v., 44,1ZAAmoHn o if crams.reCorporal:e Par lnnnmpnrMOCWIIun lMna,!sI ngnpnmm�rontm ecepreudem and',Mgr y or lipt1rectelaryb+,ormraliun or As perineum e'partnership m as aatorvod memeetal OI aeMcrMhp^I wuM�Sfngtlpge�d Official Mal My semertwen minter NOWT RAW rr— •teat UPDATE LEGAL.FORMS NO.Sat p G Be,.ISIS latd.GrMky.Cdoradc 00632 tent hence B 1332 REC 02284372 04/14/92 12:19 $5.00 1/001 AR2284372 F 1097 MARY ANN FEUBRSTEIN CLERK 6 RECORDER W6LD CO, CO iat breed THIS DEED is.cc..nyanw et no til Papery dawns sont nclue.%any wpo...nnts sad ether.p aranencee lure 'orcP.ly")Imam the aawduell1).Capdrn,anlsl.parins.4apts6pr elnarwmrylesl named drew ss GRANTOR a the lneNlplYlel or mantas)named below a GRANTEE. Tye GRANTOR Mat*sees end conveys the progeny to t eGRANTEE end the GRANTOR we n0,the HIM to the promriy. where as(I)the ion al the gametal progeny In Ian the year el its deed.witch we GRO.NTEE will pay I2)any aeeernenta and nphYaaway shown of word'3)any hides nwnetaru and noptons N)0.W outstanding mineral interests shown el record 151 Shy Preteen connew t e d 101040 i014 Shown 0144014,end lel any addlta,Y me11M1ywn boner under'AdNIan.I Wrrnly Es weans" The Sp.dte Terms W This Dead Are: GEYD0r idea nrwnlire plral N W rMonee s tee tate.*lw.sewnprar SelNe5 in la.Don lessee.Manton rigs.,stlty Gnaws as Nara W..NI Robert r,. Srhmunk and H.1 rha ra . . !trhmunk Drente: IDw swill cod weenie,elnnwnt of was 141.11 p Moan*toed a WOO n,row.a maws l Steven R. Doernchlaq and Sarldr.; K. Itnersrhlaq FA). t .Y \lh, tsh.. C, xckrs Fans of Ce-Ownweppr nee hes sr.I.op.sin w.n.s.sins"iris,sic w.wseeite to lee as town is cannon uses w eerie"a owl IMarcy*on net M M in moon.;we snap a In Ipso bees) 'IN JOINT TENANCY" Ptogatly OwcfWen: nraNaa oznN.,.e Mow Lot. B of Recorded Ear•mpt inn N.,. o'Ifl9 I-4-RE I I JR, am per I hl• map recorded February 27, 1989 in Honk 12:5 unl or Rocept inn No. 2171867, bring part of the El . G SEI/4 of Sect ion It, TotnHh.ii 7 North, Range 65 Went of the 6th P.M., County .,1 We Id, Vtat, t if Colorado. State On;DOMJFlapetlF Address: `-/--"/7; . 5 IL) - Co. Sd.rstlan: rtes muses a•ass swiss 5on asol awm e.ne.e.nronlo-Nnwnl..nw wwpmn sans as Conreynwn 4` a.M.nn w.an w 0,r CON m..Convoying.a.wMN.Nw NM W4pa.ian.11 ONE HUNDRED TWENTY-SEVEN THOUSAND FIVE ❑ INUR Flit AND NO'Ills DI`LLAItS Raneamone-RaYYellone: 111 IM CAANid1.MM.arev...ny innra tines 0,00.51,w it,never 4444.44.44 w.INe GRANTOR I D .a.ee,et.ar,r.G444141 prowl,m,..eiw.w.n..n...man 0 i" Aa0Nla11a1 WeerReceptions:lTReceptions: rise b r.Receptions: wzluw use woe a,..wee saw eN.5 m.IN.t•dr dowse 0.. .e I GRANTOR HEREBY RESERVES ANY AND ALL MINE Its\I. RIGHTS 1'01f 1+1 N'f LY OWNED. n E.ae.rn Ayres Gramp on April II7 92 elnaloo Clas es cs.wren.essenrsi or Assess Swain.Clone Ms.5uninI p/ipy, Nino of Dana. Corporapw..psF.5,.p orAN-ea,on ROBERT d. SI HMuNK 0,5,10. 0,y B RBAR .1 rH iNh, Grants �I - � a � G..nlw STATE OF COLORADO 1 n 1 COUNTY OF The Import].g.a.ua.M h ..wawpr wtw..w as 0,..s 8.• 7'CI • APR!1. a '12 w.„Essricci4gaiain+cHMII NA AND HARRANA',1. SCNDMI,'\'I( tit semtrennespies 09 -eel �� C i,1884 HOMY NOM STATE OF ee COUNTY OF I Tie ior.od+a papunra,p w soressagee balsa me es Cry or .w sr' 1•na0410suel O.ruptt 014Grro acvw,elin PosneMgo•Anprnan.lon.etMlywtw>ndeswwpwdent ud enaWyer • ne.Wt.ant"at cswg.lan.w e an-wl.l W oonnor 1p.s s M.awad TMrlel M nano,I WITNESS n0,hale es seas sea ter saneness imam teptry NYC .ise Mama Oe.N CINS nl en abin Mil — ^ tp•wt nare 120133114.110 1111111 11111 11111 111111 1111111111111111II11111111111111 2j 3457292 02123/2007 09.19h Weld County, CO $6.00 1 of 1 R 6.00 D 0.00 Steve Moreno Clerk a Recorder ••• -� - - Recorded the_ day of_ _ ,at . o'clock m. Reception N Recorder By QUIT CLAM DEED Exempt THIS DEED,Made this day of February 21, 2007 , between STEVEN R. DOERSCHLAG AND SANDRA K. DOERSCHLAG Grantor,for the consideration of•^TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION•••in hand paid, hereby sells and quitclaims to STEVEN R. DOERSCHLAG AND SANDRA K. DOERSCHLAG Grantee, not in tenancy in comic a,but hi joint tauun:y. whose street address is 36125 WELD COUNTY ROAD 43, EATON, CO 80615 City of HATCH __,County of WELD ,State of COLORADO ,the following real property In the County of WELD _,and State of Colorado,to wit: LOT B OF RECORDED EXEMPTION NO. 0709-33-4 RE-4497, s1 RECORDED FEBRUARY 16,2007 AT RECEPTION NO. 3456002 BEING LOCATED IN LOT B,RE-1750,BEING PART OF THE El/2SE1/4 OF SECTION 33,TOWNSHIP 7 NO2TH,RANGE 65 WEST OF THE 6TH P.M.,COUNTY OF WELD,STATE OF COLORADO also known as street and number TOGETHER with all its appurtenances. The singular number shall include the plural,the plural the singular,and the use of any gender shall be I. applicable pplic�l genders. Si as of the day and year first above written. I STEVEN R.DOERSCHLAG SANDRA K.DOERSCHLAG f!, State of COLORADO )55. 1 County of WELD The foregoing instrument was acknowledged before me this day of- February 21, 2007 by_STEVEN R. DOERSCHLAG AND SANDRA K. 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RALPH PRIOR 2 ( DON POSSELT, DISTRICT MANAGER CE BUCK RINEHART Q NELS NELSON [SrAnIS,CP A. P.O. BOX 56 • PHONE (970) 356-3020 • FAX (970) 395-0997 GENE STILLE �'ry 4,� wATER www.nwcwd.org • e-mail: water@nwcwd.org May 20, 2010 RE: Meter Number 3800 000, 36401 WCR 43, Eaton CO 80615 To Whom It May Concern: North Weld County Water District provides domestic water service to the property located at 36401 WCR 43, Eaton, CO. The current owner of the property is Steven R.&Sandra K. Doerschlag. This tap currently serves SE-1108 (as a part of Lot B RE-4497)which was created on February 16, 2007 for financial purposes. If this lot is to become a Recorded Exemption lot with permanent lot lines,then the District would require either the current tap 3800 to be moved via a District installed line extension or a new tap to be purchased and installed via line extension. It is the District's policy that the tap shall be installed on the property that it serves and that no easements or equivalent shall be acceptable. If the lot does not have county road access then the District may require a line extension to be installed at the customer's expense. The District would require a Water Tap Request Form to be submitted for the property with a sketch of the proposed lot lines. The current service provides a 3/4" meter,which should provide the existing residence adequate service. The current Water Allocation Class is 1 (228,000 gallons)and the Current Plant Investment Class is 1 (228,000 gallons). Water tap/service is placed on the physical property, defined by a legal description. In case of a Recorded Exemption, the water tap shall only serve the parcel that the water tap is located on. Service shall NOT cross the legal description of one parcel to serve the other parcel, unless an easement has been recorded for the water service and has been approved by the District. The District guarantees treatment and delivery of water purchased. All water that is delivered with surcharge is subject to water availability. Water purchased through the District shall be 70% delivery of an Acre-Foot of water (228,000 gallons), if the allotment for Colorado-Big Thompson (CBT) project water, which is determined by the Northern Colorado Water Conservancy District, is 50% or greater. North Weld County Water District will restrict the delivery as necessary when the CBT allotment is less than 50%. A portion of the Raw Water Fee is utilized by the District to construct storage reservoirs. The Plant Investment Fee pays for the infrastructure required to deliver 1 AFU (228,000 gallons). If usage exceeds the number of Plant Investments that were purchased, an additional Plant Investment Surcharge will be applied to your account. Plant Investments may be purchased to increase the amount of water to be delivered and avoid the Plant Investment Surcharge. Refer to table below for current Plant Investment Surcharge schedule. Water Surcharge Surcharge will be assessed when an account's year to date usage exceeds their annual allotment. Currently surcharge is $0.10 per 1,000 gallons. This fee is to recover the District's cost to obtain additional water rights for delivery. All water that is delivered with surcharge is subject to water availability. Plant Investment Surcharge When an account's year to date usage exceeds their Plant Investment Allotment(#of Equivalent Taps x 228,000 gallons), a surcharge will be assessed. The transfer of additional water will not remove this charge. Additional Plant Investments must be purchased to increase the allotment and reduce the Plant Investment Surcharges. 0 to 456,000 gallons above the Plant Investment Allotment (228,000 gallons) $3.50 per 1,000 gallons More than 456,000 gallons above the Plant Investment Allotment $1.70 per 1,000 gallons Respectfull , Leann Koons Office Assistant Weld County En mental Health Services Deaartmenl • 1555 N. 17th Avenue OS Greeley, CO 80631 Phone: (970) 304-641f.f. Septic Permit - Final Fax: (970) 304-6411 Finaled Nwvw.co.weld.co.ut Application Number: SP-0700032 Status: Ready to Final App Type: Health\Residential\New\Septic Applied: 02/27/2007 Applicant Name: DOERSHLAG STEVE Issued: 02/28/2007 DOERSHLAG STEVE Finaled: I Ot23 Jo'? 38125 WCR 43 EATON, CO 80615 Owner Name: DOERSCHLAG STEVE Parcel IS: 070933400029-R4710707 Legal Desc: PT NE4SE4 33-7-65 PT LOT B REC EXEMPT RE-4497 Sits Address: 36401 CR 43 ADD Soeeific Info: 1/2 Bathrooms 1 3/4 Bathrooms 0 Application Date 02/27/2007 Associated Building Permit Associated Building Permit Number Basement Plumbing Yes Full Bathrooms 2 Location Description 36401 CR 43 Number of Bedrooms 3 Number of Persons 2 Other Water Supply Utility Parcel Acres 5 Private Water Supply Private Water Supply Permit Reference Number Public Water Supply Yes Public Water Supply Utility NWCW Repair Reason Type Septic Permit Expiration Date 02/27/2008 Waive Fees No Waive Fees Comment Year Installed EHS Perc Test(Sits); — Engineer Design Required Yes Engineer Evaluation Received Yes Engineer Job Number 004-07 Engineer Letter Received No Ground Slope 0 In 100 Year Flood Plain No Limiting Zone Feet 8 Limiting Zone Inches 0 Limiting Zone Qualifier Percolation Rate Qualifier Percolation Rate Value 12.8 Slope Direction Soil Description Sod Type Suitable Yes Variance Required Esther Gesick From: Barbara Kirkmeyer Sent: Saturday, August 28, 2010 3:16 PM To: 'bjpj79@yahoo.com'; Dave Long; Douglas Rademacher; Sean Conway; William Garcia; Kim Ogle; Esther Gesick; Trevor Jiricek Subject: Re: Input for 8/30 meeting: Recorded Exemption Doerschlag Please include in the record Thanks From: Barry & Paula Johnson <bjpj79@yahoo.com> To: Dave Long; Douglas Rademacher; Barbara Kirkmeyer; Sean Conway; William Garcia Sent: Sat Aug 28 14:53:28 2010 Subject: Input for 8/30 meeting: Recorded Exemption Doerschlag Dear Members of The Board of County Commissioners: For your consideration before the meeting on Monday, August 30, 2010, we would like to ask you to consider our input on the matter of Steve and Sandy Doerschlag requesting a recorded exemption before they are eligible. We apologize for writing to you on the weekend, but we were not notified of this action and only found out about it very recently. Our concerns are two-fold: 1) we have not been notified by the County of this request for an RE on property adjacent to ours, nor of your meeting on Monday, even though Paula called Kim Ogle weeks ago and asked to be notified of any public hearings or actions concerning this request. Adjacent property owners absolutely should be informed when there is a request to go outside the rules. Any concerns of neighbors should be heard. They cannot be heard if they are not notified. 2) We own the farm to the West of Doerschlags and are currently farming Steve and Sandy's place, as well. As farmers and landowners, we have a bias toward preserving good farm ground, but beyond that we have a vested interest in preserving area property values by holding to the County regulations designed to ensure that development is planned and not haphazard. As you can see many REs have already been taken off this small property. Should you decide it is appropriate to grant the RE before it is time, anyway, we request a stipulation that no home can be built on it until such time as eligibility would have ordinarily occurred.. Thank you for taking our concerns into consideration. Please feel free to call us with any questions. With warm regards, Paula and Barry Johnson 34998 WCR 45 Eaton, CO 80615 970.454.2050 .44 t , 1 - EXHIBIT Kim 22191e From: superlark1963@slbbi.com Sent: Sunday, August 29, 2010 6:07 PM To: Kim Ogle Subject: Re: FW: Input for 8/30 meeting: Recorded Exemption Doerschlag Klm We were very upset over this letter from our friends and renters of our farm for many years.We offered the farm to them,they made an offer,which was lower than our other buyers.They came back with another offer to match theirs.We have considered both offers and we were going to make our decision after the County makes theirs.The one offer from the Warrells includes building their house on the farm.lt was their intent to continue farming the property with the offer to Barry and Paula to continue renting it. Barry was informed of the meeting last Saturday by my wife,so they are wrong that nobody informed them.We can only asume that only reason for this letter is to make sure that a house would not be built so that Worrells would back out,and we would forced to sell to the Johnson's. Creating an RE now or two years from now makes no difference whether the farm continues to be farmed.The wells and irrigation underground pipes all go to the farm so that it will always be farmed,and certainly what ever we do, makes no negative impact on Barry & Paula's farm next to it.As you know,the only reason for doing this is for finaicial survival.WE would not in normal times, consider another house on our farm,but the income for us and the subcontractors who work for me is sorely needed. Steve Doerschlag kogle@co.weld.co.us wrote: From: Kim Ogle <kogle@co.weld.co.us> To: "superlark1963@slbbi.com- <superlark1963@sibbi.com> Subject: FW: Input for 8/30 meeting: Recorded Exemption Doerschlag Date: Sun, 29 Aug 2010 06:12:54-0600 Steve This email was received over the weekend. Kim From: Barbara Kirkmeyer Sent: Saturday, August 28, 2010 4:20 PM To: Commissioners; Trevor Jiricek; Kim Ogle; Esther Gesick Subject: Re: Input for 8/30 meeting: Recorded Exemption Doerschlag Here is what I rec'd: (Had to push "get plain text"in navigator bar) Dear Members of The Board of County Commissioners: For your consideration before the meeting on Monday, August 30, 2010, we would like to ask you to consider our input on the matter of Steve and Sandy Doerschlag requesting a recorded exemption before they are eligible. We apologize for writing to you on the weekend, but we were not notified of this action and only found out about it very recently. Our concerns are two-fold: 1) we have not been notified by the County of this request for an RE on property adjacent to ours, nor of your meeting on Monday, even though Paula called Kim Ogle weeks ago and asked to be notified of any public hearings or actions 1 concerning this request. Adjacent property owners absolutely should be informed when there is a request to go outside the rules. Any concerns of neighbors should be heard. They cannot be heard if they are not notified. 2)We own the farm to the West of Doerschlags and are currently farming Steve and Sandy's place, as well. As farmers and landowners, we have a bias toward preserving good farm ground, but beyond that we have a vested interest in preserving area property values by holding to the County regulations designed to ensure that development is planned and not haphazard. As you can see many REs have already been taken off this small property. Should you decide it is appropriate to grant the RE before it is time, anyway, we request a stipulation that no home can be built on it until such time as eligibility would have ordinarily occurred.. Thank you for taking our concerns into consideration. Please feel free to call us with any questions. With warm regards, Paula and Barry Johnson 34998 WCR 45 Eaton, CO 80615 970.454.2050 From: Douglas Rademacher To: Barbara Kirkmeyer Sent: Sat Aug 28 16:14:48 2010 Subject: Re: Input for 8/30 meeting: Recorded Exemption Doerschlag Barb, I didn't have a message attached. From: Barbara Kirkmeyer To: 'bjpj79@yahoo.com' <bjpj79@yahoo.com>; Dave Long; Douglas Rademacher; Sean Conway; William Garcia; Kim Ogle; Esther Gesick; Trevor Jiricek Sent: Sat Aug 28 15:15:59 2010 Subject: Re: Input for 8/30 meeting: Recorded Exemption Doerschlag Please include in the record Thanks From: Barry & Paula Johnson <bjpj79@yahoo.com> To: Dave Long; Douglas Rademacher; Barbara Kirkmeyer; Sean Conway; William Garcia Sent: Sat Aug 28 14:53:28 2010 Subject: Input for 8/30 meeting: Recorded Exemption Doerschlag Dear Members of The Board of County Commissioners: 2 For your consideration before the meeting on Monday, August 30, 2010, we would like to ask you to consider our input on the matter of Steve and Sandy Doerschlag requesting a recorded exemption before they are eligible. We apologize for writing to you on the weekend, but we were not notified of this action and only found out about it very recently. Our concerns are two-fold: 1) we have not been notified by the County of this request for an RE on property adjacent to ours, nor of your meeting on Monday, even though Paula called Kim Ogle weeks ago and asked to be notified of any public hearings or actions concerning this request. Adjacent property owners absolutely should be informed when there is a request to go outside the rules. Any concerns of neighbors should be heard. They cannot be heard if they are not notified. 2) We own the farm to the West of Doerschlags and are currently farming Steve and Sandy's place, as well. As farmers and landowners, we have a bias toward preserving good farm ground, but beyond that we have a vested interest in preserving area property values by holding to the County regulations designed to ensure that development is planned and not haphazard. As you can see many REs have already been taken off this small property. Should you decide it is appropriate to grant the RE before it is time, anyway, we request a stipulation that no home can be built on it until such time as eligibility would have ordinarily occurred.. Thank you for taking our concerns into consideration. Please feel free to call us with any questions. With warm regards, Paula and Barry Johnson 34998 WCR 45 Eaton, CO 80615 970.454.2050 3 Hello