The URL can be used to link to this page

Browse Search

Home My WebLink About20102964.tiff ! 4 i 9 I° 844 liPlii PI 1 1:0 1 0112le vii III! l IM fei 8gl 4P 71n liii 1 ti 11 gb 4,i 5Yii p Yilli I !1 ih 0 'gh 11 li;i ¢g YIb I MAII b y pb I y<I ittita b lin 4lwilll lig! IW@ ' 81 lil!rig # SI i c w ° gill �� @ a oI r ii � I1i'1i1II1!J ID ! !. !l�i �i• i gyq9I Qu zy Y e.§ �l WQi°i _YIll x e § k : . O O Z Q W - g ss yy 6 pp°iY Y .<5 neb v$ k F i., b a MW !`iiN7 5Pyk pqz Re' s yy@ yY g: @eQ B '"+. �� Y 4 n �" ''yf d'A +rYi 'fpy i -YRy� 5@R ks �R ,yFy� R6 ;ifi @ yi 1F l F b [� I RI!" 1 ': �Q ' iOC W i lied MF' • Qg • I 1 ! 2 leco l @� ;1' i III ° l iItaWi , ik1' 1`dQ y12ti!. i;9l �/ Y R kr bi�;'e iii; pq y e Q e@ a ° c Q B 5 "v l• I . , I lei ik b� !e , - ]E iY ei1 e'�. ya ec @ Ai cI6 (ib . , ¢° @ jQ i ° Y :YoQi gilel 9 F g 1SQQ" e 6 QI! �i`.fI.k !/ i� i W RIIR , ! W!!!i!Ith I 41" E Q ° Q a g ppi r e A k q ya Eyi Q i `� �Q Y� Qi■ i°p Y I 41 ii ie iln 1 Al it 1 � @111 IH'd :ii! iiI Qy l@ s gq "i� !II�Q ! Ii Q 4 5 ei Y " 11 3! IR 8 c@I t iie IWI G Y R ! � � �'� i � ■� k �� 6 ` 9� �! !' • � � @ t� a " � 4 QE E l@ v c n q i i le 6 k egg S ti kbii'@ fl �. Q.b ■ a6 Q k Q '� a` q9 lif re!lw t. it ,-- i < r= ix! iY@ { Q YQ5 kx Y9 c a Qggfi �lF �: aektS e. '3e way; QYM- 1E � 1@ $ QyE�i"psi 1.1 5� @ g Q il i�c I1( e wt Cy RF C "b IS 9Y Q y!�ny i Y k�" ¢¢l!tyEE YlPy GR Osi�pi R� a �6l a Q YI Iv i Y Q■ " k lYQiIi! id!!i!i I i h 7 I, 11 bb RYI e Q �i `f I ci e �i IQ n by '« clxY8 @R Q`i� tlQi° @@F a@egg kg eg 1 " Q i� y5 Qk_e 8 It !Elyi YeLi° . I-1" Di . ■ i@l ' �ie11 �g kn b. i b.li re f� b E e « g 0 c Z W IP Ii0 � dP I§Il l!i IFFF' l i Pill p -p1 ltlgiiiis;lil "i II#1 ial;II.01 IIIII I;lill �M III-1i i" A€sa ei 614 in Ol' i nygy 4 vF ib k v !IA Y¢ : yes 6 qie gq. k �i Qelsg 6i�4y gie rpTyyIQ 9 is��I IQa icy{ g yi 9t 44 1-Iii■g� it. Rn' "� 6 Riln li iA 0 l' D b°Y JErsi; 2b ri eY !IA RY Y G i EeE�i�[Fiip`itl.9gg.e Oa illi�iill'Ig7W4 RR YY Wx� el gPQi. tliie 8 !I I;li i! !!xi O = Cfl Q ,Iiez Iv1iPk fQ 0 lib III 1h ill 1 dill gl Il. iii2ENII . E 1 @l i !I g . O Z 3 c i Ly' oA i z I— !a Y t I� 'p4@ . @ . : 2 Z (, ! ea - ' a O N Ivd; v usonaLswo"IG a. xb 7 y y a 3 3 .cr srx won ox.a sera m •-.?;' Ii '•• * b ¢A R F pA s, z o 1 I i .n'AS ril 301 JO____nurn •- _ _ ---S14.12.22.— ._S_a — — - ire „dnp Ig P E tl LL O z i n ..i Q LLI C) s i ^�4�0 TI } e °B �� IF A s X 4. 5 6.41 / W I ;-... ■is@ O RM noel. s 0 �i' a 'i I =IE , II 4 W 2 �■� J afioa �er�� na as!III. s' 0 e "i � O a� apZ°� $e �� Ki "k�Qc?a <m #3 i -` z .R RI: Ri .k D s p 3 s" �23 v, a i i ' <I ;ik• ill @F !IM Y r_ at'��%"ca 9; �W a M ! mya W 2' 0 i ' 0 85 a �° ee. cic5 N n"et I, m o ., . WS F— I I f 5r n !ti z_s< I II _ m s _ r— ,\ \\ OJ ¢p , 'R' e U \. \. %3L 'm cu en m W O Z \ �\ v._ g^ as m a Ify ~ C (/\\\ 1\ \�. Ft my cn ti di k Q U row �- s mo to VIr SZ MOM P Ab P O F— A₹ Cg II I� \ £oFR �.^eti �o x- e_�yR i Co f I I°$ \ r Rx a s .r. r_ ` W RI' Ile. �„ w 1 ri _ §.-.0 n^ho : .oe rzs *°' 'n�oN a 2 < . mr O O Nil,. e Y, : c. e l I -'fig L9r$LOOx m rt De r ceZ gl�,_ FR - ulg. S na' a — _ - -S4- —d' I:"^ 4th I'S„ U i uW I; A4 u 4- 1 N 5 3 Iwn W II 6y s 1 1°10 7'; NI- I- ix ell =Not .r�a0 la r,; Q gli '°YE i .7. • \ g,ag S3 ya W I'- • ,:-t kA E ( £Z NOM ori g h.— r— I 0 Q W I f y„iS°w 3s „ 8 g tl2F 1 v W 2 he I 6I I 51 H Cm$ g g .`a Y� 5'I „ SV. V 'l 4o • Et e iee O $� I i. d` « ME" it g 4Wb. `'�t n�'r3 c IL!h b a 3"BIWn mir g'F i I!! a3 pia alit-g 9.g4eY- K'^ g.�7 7 p it @ry vZee F':'� s qq ( 8 ne- .17 mAe 3`ad4Maig g i I tc,1 $ i b W =@ 1.11 i�9 0,3 NE&a "Nor I6r,„ \\WWW J 'aX g 0 • • 64t 64c' DEPARTMENT OF PLANNING SERVICES We RECORDED EXEMPTION ADMINISTRATIVE REVIEW COLORADO Applicant: Lyle & Dianne Honstein RE- 5016 Planner: Ogle Legal Lot B, RE-3517; Part NE4 Section 24, T7N, R67W of the 6th P.M., Weld County, Description: CO Parcel ID#: 0705-24-1-00-035 Lot A Size: 11 +/-acres Lot B Size: 74+/- acres Lot A: North Weld County Water Water District(NWCWD)Tap# 191 Sewer Lot A: ISDS Septic Permit# Source: System: SP-0300177 and SE-0300009 Lot B: Proposed NWCWD Lot B: Proposed Septic Criteria Checklist Yes No X 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be lOstalled according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. NC i �� R ' 2010-2964 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. 0705-24-1 RE-5016 B. The applicant shall submit a sketch of the existing septic system in relation to the proposed lot line to the Weld County Department of Public Health and Environment. Evidence of approval shall be submitted to the Department of Planning Services. C. Lot A shall use the existing residential access point as no additional accesses shall be granted. D. 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. Access to Lot B must be provided. This could be accomplished with a 30 foot wide access and utility easement through Lot A for the benefit of Lot B or by utilizing the 30 feet of Weld County section line right-of-way along the eastern edge of the property. To utilize the right- of-way the applicant would need to enter into a non-exclusive license agreement with the County and would be responsible for any upgrades (creating the roadway, ditch crossing, etc.) and maintenance F. At the time of installation of the access roadway the applicant will need to contact the ditch company to discuss the crossing requirements and pay for the road sign listed in the non- exclusive license agreement ($150). G. The applicant shall submit to the Weld County Department of Planning Services one of the following: 1) A recorded copy of any agreement signed by all of the Collins Lateral Canal anf the property owner of Lot B of RE-5016 specific to the residential and agricultural ditch crossing. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number. H. 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. I. The Town of Severance has jurisdiction over this portion of County Road 80. • • J. The applicant shall complete a Nonexclusive License Agreement for the upgrade and maintenance of County Road 25 right-of-way. K. The applicant shall complete a Nonexclusive License Agreement for the upgrade and maintenance of County Road 25 right-of-way. There is a $150 fee for the fabrication and installation of blue and white cross road signs identifying the section line road intersection for the use of addressing and emergency response. The blue and white signs identify a non-maintained County right-of-way. Distance and location from the nearest county road may require additional information signs. The fee for the sign designating the access as a non-maintained county right-of-way shall be paid to the Department of Public Works and the sign shall be installed prior to recording the plat. If existing signs are in place, the fee and installation may be waived by the Department of Public Works. Evidence of such shall be submitted to the Department of Planning Services. L. The applicant shall address the requirements of Weld County School District RE-4 as stated in the referral response dated April 8, 2010. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. M. 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. N. 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. O. 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. P. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption in accordance with Section 24-8- 20.C.1 of the Weld County Code. 4) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 5) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot B has an adequate water supply of sufficient quality, quantity and dependability. 6) Prior to the release of building permit, the applicant shall submit evidence of approval from the Windsor-Severance Fire Protection District to the Weld County Building Department. 7) 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. 8) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29- 1-20 and Section 29-3-20.B.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 9) 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) 10) 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) 11) Prior to the release of building permits on the 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. 12) 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 two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. 6. 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.LBy Date April 21, 2010 Kin' Planner 150 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY ri THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this oZBday of , 2010, by and between WELD COUNTY, COLORADO, by and through the Board of County Commissioners of Weld County, Colorado,whose address is 915 Tenth Street,Greeley, Colorado 80632,as First Party,and Lyle E.and R. Dianne Honstein,as Second Party whose address is 155 Wild Briar Lane, Loveland, Colorado 80538. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at Lot B of RE- 5016 of Section 24,Township 7 North,Range 67 West of the C P.M. in Weld County, Colorado, and WHEREAS, First Party is the owner of the right-of-way known as WCR 25 for a distance of approximately 0.2 mile south of WCR 80 and located as follows: 30 feet of right-of-way between Section 24, Township 7 North, Range 67 West, and Section 19,Township 7 North, Range 66 West in the 6t' P.M. in Weld County, Colorado,which is hereinafter referred to as"ROW," and WHEREAS, ROW is currently not being maintained by First Party, and WHEREAS, Second Party wishes to upgrade and thereafter maintain ROW at his/her/its sole expense in order to provide said more effective access. NOW, THEREFORE, in consideration of the covenants contained herein and the agreements of said Second party to be performed hereunder, and upon the conditions herein stated,First Party does grant to Second Party, its successors and assigns, a nonexclusive license to upgrade and maintain ROW without gating or fencing across the same. The conditions by which Second Party may upgrade and maintain ROW are as follows: 1. First Party retains the right to revoke this Nonexclusive License Agreement at any time for any reason, but such revocation shall not prohibit Second Party's continued use of the ROW for access to Second Party's property, to the extent that such continued use is consistent with the right of the public to use the ROW. First Party shall give Second Party written notice of its intent to revoke this Nonexclusive License Agreement at least ninety (90) days prior to the intended date of revocation. Such notice shall be sent to Second Party by Certified Mail to its address written above or served upon Second Party in accordance with the Colorado Rules of Civil Procedure. Second Party shall have the duty of informing First Party of Second Party's change in address from his address written above. 2. The upgrade and maintenance of ROW by Second Party shall be done in such manner as reasonably prescribed by First Party, which manner shall include, but not be limited to, the following: 1111111 11111111111 IIII 11111 1111111 11III III IIIII IIII 1111 3708150 07/29/2010 11:04A Weld County, CO 1 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder )O/C7-/7/9 a. ROW shall be constructed and maintained as a graded and drained all-weather road. b. If the installation of a cross culvert is required through an existing drainage pattern or ditch, Second Party shall be responsible to supply and install such culvert, which shall be inspected by First Party to ensure adequacy of capacity, strength, and length. Second Party shall be responsible to maintain the culvert after its installation, including periodically cleaning the same. c. If the installation of a cattle guard is required, Second Party shall be responsible to supply and install such cattle guard, which shall meet County standards. Second Party shall be responsible to maintain the cattle guard after its installation, including periodically cleaning the same. d. This Nonexclusive License Agreement does not grant the right to gate or fence ROW for private use, but is intended to provide access to private property. e. Prior to commending work within the ROW, Second Party shall,through the services of a licensed registered surveyor hired and paid for by Second Party, mark the location of the exterior boundaries of the ROW. 3. The upgrade and maintenance of the ROW by Second Party, including those items set forth in Paragraph I., above, or any other requirements stated by First Party, shall be at its own expense and without the aid or use of Weld County funds. Second Party shall be responsible for snow removal from ROW, if required to gain access, as part of the maintenance responsibilities referred to herein. 4. Except for the negligence of First Party, Second Party shall indemnify and save harmless First Party, its successors, assigns, employees, and agents from any damage or loss sustained by them or any of them to the extent caused by Second Party's negligence with respect to the upgrade and maintenance of the ROW. 5. Except for the negligence of First Party, Second Party agrees to protect First Party and save and hold it harmless from any and all third party claims and damages that said upgrade and maintenance may directly or indirectly cause to the extent attributable to the negligence of Second Party. Second Party hereby releases First Party, its successors, assigns, employees, and agents from any and all claims and damages of whatsoever character to property owned by Second Party resulting from any act,either on the part of the First Party or on the part of any third party. 6. Other than assignments in connection with the mortgage or sale of all or substantially all of the Second Party's assets or equity interests in Second Party, for which no consent shall be required. Second Party shall not assign any or all of its rights under this Nonexclusive License Agreement without first obtaining written consent to such assignment from First Party, which consent shall not be unreasonably withheld. 2 111111111111111111111 till 111W 11111 III 11111 111111 unty, CO 27of1 0 07/29/2010 11:0 Weld 4R 0.00 00.00 Steve Moreno oClerk& Recorder 7. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party hereto, or its agents or employees. This Nonexclusive License Agreement embodies all agreements between the parties hereto and there are no promises,terms,conditions, or obligations referring to the subject matter whereof other than as contained herein. 8. If any term or provision of this Nonexclusive License Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Nonexclusive License Agreement, or the application of such terms or provisions, to a person or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Nonexclusive License Agreement shall be deemed valid and enforceable to the extent permitted by law. 9. No portion of this Nonexclusive License Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Nonexclusive License Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Nonexclusive License Agreement. 10. It is expressly understood and agreed that the enforcement of the terms and conditions of this Nonexclusive License Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Nonexclusive License Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Nonexclusive License Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Nonexclusive License Agreement shall be an incidental beneficiary only. 11. There shall be a $150 fee for the fabrication and installation of blue and white cross roads signs identifying the section line road intersection for the use of addressing and emergency response. The blue and white signs identify a non-maintained County right-of-way. Distance and location from the nearest maintained County road may require additional information signs. If existing signs are in place, the fee may be waived. 12. There shall be a$100.00 fee for the Nonexclusive License Agreement. It is mutually understood and agreed that this Nonexclusive License Agreement and all the terms and conditions hereof shall extend to and be binding upon the parties hereto,their successors, and assigns. 3 HID 111111111311 IIIII 1111111 IIIII III IIIII IIII IIII 3708150 07/29/2010 11:04A Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXECUTED IN DUPLICATE the day and year first above written. FIRST PARTY: WELD COUNTY, COLORADO, by and through the BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO /. IEIld4 ATTEST: � '1861 a� .•�,1 Clerk to the BoardBy: ?4t: -A,4Lr.. Deputy C r Ch ir, Dou as Rademacher JUL 282010 SECOND PARTY: Lyle E.Honstein {� �/, 1r R.Dianne Honstein )By: 49-e-' / /V/ 1 ' By:_^ 4 A Il Imo.ri ,LJ SUBSCRIBED AND Syyr�ORN to before me this /3 day of �GClf , 2010, By 4/F P Wo77 stunt, y-/[" Qmh,r Nang �tviL, / / WITNESS my hand and official seal: 'enpti;., Pota `L��IC •' C UB N `�^L`d117L/ cap ublic My commission expires: Mt $ ,tt 22.201'I "MI 111111111111111111111111111 HEM 111111111 III 4 3708150 07/29/2010 11:04A Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Lyle E. and R. Dianne Honstein RE-5016 WCR 25 south of WCR 80 Non-exclusive License Agreement $ 100.00 .Fabrication and Installation of Cross Road Sign (blue & white) ($150.00) At time of installation TOTAL DUE $ 100.00 NON-EXCLUSIVE LICENSE AGREEMENT ITEMS REQUIRED FOR SUBMITTAL Documentation of Proof of Right-of-Way (Title Co./GIS Dept.) or documentation of an easement shall be provided to the Department of Public Works. One (1 ) copy of Non-exclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-way. This document shall be signed and sealed by a Colorado Notary Public. An 8/2" x 11 " inch map, drawn, indicating type of right-of-way/easement; whether it is dedicated, private, or deeded to provide adequate access to the parcel. The applicant shall supply written documentation indicating that adjacent landowners are aware that the section line will be used to access the property. (3-19-10) The applicant shall complete a Weld County Road Access Information sheet. The above information shall be submitted to Weld County Department of Public Works. Hearing date: , Wednesday, 9:00 a.m. Location: Centennial Center, 915 101h Street; same block as the Court House. WELD COUNTY PUBLIC WORKS DEPARTMENT 1111 H STREET PO BOX 758 GREELEY CO 80632 M:\PLANNING-DEVELOPMENT REVIEW\NonExclusiveLicenseAgree-Form.doc • Robert Short Surveying Services (L1Trirt Or UQQ0SRIU IrL J': 1223 10th Ave. Greeley, Co 8063- o.T� 970 352 7719{.-//' / t / O 6--- ro t2 P7 D, "ZAWAfl s/a �c Ul4W. AI eP sot 6' - ___ 4/Z.e44D/ W,,/ , /5T• '-y -- GENTLEMEN: ___-__._ .-._ ..__.__-_..___._..-._ __ _. _.__-.T.._ . WE ARE SENDING YOU 0. Attached U Under separate cover via - the following items: 0 Shop drawings Prints 0 Plans 0 Samples 0 Specifications G Copy of letter O Change order ❑ 111 _— COPIES 1 _DATE - HO. y _-�- �- -AESCRtPTION t S'./ W Z ?_- i v r5 40' e6- . /_44 __- - - -- -1 , __ _______________ i ____ ______ __________ -- I . —f---- ___ __ ________ _ __.___— 1 I I THESE ARE TRANSMITTED as checked below: O For approval 0 Approved as submitted 0 Resubmit___.._.__copies for approval ❑ For your usa 0 Approved as noted 0 Submit copies for distribution As requested 0 Returned for corrections 0 Return corrected prints O For review and comment 0 Q FOR BIDS DUE O PRINTS RETURNED AFTER LOAN TO US REMARKS )/ ',« 6r WA/-4--- 41G/17./G . PL 67622 1,0,4/‘ ,�E./s--e.,, AV S j�,e' cy, 47-' 77/EAl //i L C it e6-: _dx/y G ,, ET(iO $ a Af ,p`'CG--r/o.ci$ /, f/v y, ..no e.- 5"T/L c AI//7 76-5"/7/046)77,-/g P O e2/-(d& J rot o Al 7771e Aloti/- gxeDes wi L'L6-4/s6e 16,1Z -047.4-4/.Z7 ed,�� dotp , _ Ge/c': s Ti r /&.c c �l e- 776 ≤i sr 3,d��&T e'c Se fr t ,2G/7/ 7776 ' r . -4-- -, � E r-!/ Z A/i 0, T 25�15 r9 %7 GDA/2/G e.7`? COPY TO f �,.�`" %� - - - SIGNED: v�-s , MEMORANDUM WI`PC� TO: Lyle E. and R. Dianne Honstein DATE: February 24, 2010 FROM: Heidi Hansen, P.E., Public Works Department COLORADO SUBJECT: RE-5016 Your recently submitted recorded exemption application accesses onto WCR 25 section line right-of-way owned by Weld County but not a maintained roadway so you will need to enter into a non-exclusive license agreement to authorize your use and maintenance of this access. We are aware that there is not currently an access road at this location and the plan for Lot B is that it will continue to be farmed by the owners of Lot A. Therefore, we are asking that you enter into the non-exclusive license agreement at this time but you will not be required to install the access, arrange a crossing with the ditch company, or pay for the road sign until such time as a separate access to Lot B is needed. Please review the enclosed paperwork and feel free to call if you have any questions. Thank you, Heidi Hansen Weld County Public Works 1111 H Street Greeley, CO 80631 970.304.6496 ext. 3745 hhansenco.weld.co.us Page 1 of I INVOICE PUBLIC WORKS DEVELOPMENT REVIEW FEES WELD COUNTY PUBLIC WORKS DEPARTMENT P.O. BOX 758 GREELEY,CO 80632 Date 2/22/10 970-356-4000,EXT. 3750 Applicant/Owner Email Address Lyle E. and R. Dianne Honstein Street Address 155 Wild Briar Lane City State Zip Phone Number Fax Number Loveland CO 80538 970-667-3239 Case# Subdivision/Case Name RE-5016 Lot(s) Block(s) Section Township Range 24 7 67 Area In Acres Existing Zoning Existing Use of Property #of Proposed Lots Lot D-proposed PUD agricultural v � ' ;74444tFirkSiettebst4 x, `' QTY DESCRIPTION UNIT PRICE TOTAL Development Construction Permit(Subdivisions) ❑ Dwelling units $150/lot ❑ Non-Dwelling Units $750/lot Offsite Road Agreement/Haul Route Agreement Review $500 Flood Hazard Development Permit $180 Storm Water Review $180 Geologic Hazard Permit $180 I Non-exclusive License Agreement $100 100.00 1 Fabrication and Installation of Cross Road Signs(Blue&white) $150 At time of installation zAM 0'AIM W TOTAL DUE 100.00 H?. Reviewed by: Title Date: ❑ Cash o Check# ❑ Money Order# By Date M'PLANNING—DEVELOPMENT REVIE WVtE-Recorded Exemption\RE-50 16\NonExcluslveGcenseAgree\MVOICE-PLANNING(28-1u1-2006)doc WELD COUNTY,COLORADO DEPARTMENT OF PLANNING SERVICE 918 10Th STREET GREELEY,CO 80631 PHONE:970-353-6100,EXT.35401 FAX:970-304-6498 I Receipt No. Received From: ! N. i ! Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-FHDP/GHDP 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE I 1 MISC. I ❑ CASH CHECK NO. . 1 .ir 1 TOTAL FEE Receipted By: / • /L i --'DL# Exp. k If O4 DEPARTMENT OF PLANNING SERVICES 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 COLORADO March 19, 2010 Lye & Dianne Honstein do Brad March 110 E Oak St, Ste 200 Ft. Collins CO 80524 Subject: RE-5016 - A Recorded Exemption located on a parcel of land described as Lot B RE-3517; Part NE4 of Section 24, T7N, R67W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria or if staff has concerns with the application, staff may elect to forward the application for review to the Board of County Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials to the Severance Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Severance Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Severance at 970-686-1218, for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. Sincerely, Kim Ogle Planner WELD COUNTY,COLORADO _DEPARTMENT OF PLANNING SERVICES 918 10TH STREET GREELEY,CO 80631 PHONE: 970-353-6100,EXT.3540/FAX:970-304-6498 Date:"; 1 201 - Receipt No. , Received From: Li L F" t U'IA WI, 1, Permit Type No. Description Fee 4221-RE/SE 1 2 - t yr 4221-ZPMH 4221-USR 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-FHDP/GHDP 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC. ❑CASH y'CHECK NO. 710 LI TOTAL FEE /-',)a Receipted By: DL# Exp. APPLICATION FLOW SHEET COLORADO APPLICANT: LYLE & DIANNE HONSTEIN CASE #: RE-5016 REQUEST: TWO LOT RECORDED EXEMPTION LEGAL: LOT B RE-3517, PART NE4 24-7-67 LOCATION: SOUTH OF AND ADJACNE TO CR 80, WEST OF AND ADJACENT TO CR 25 SECTION LINE PARCEL ID #: 0705-24-1-00-035 ACRES: 85 Date By Application Received 3-15 Ogle Application Completed 3-17 Ogle Referrals listed Vicinity map prepared File assembled SIP Ito Case logged in computer !� Letter to applicant mailed Referrals mailed Field check by DPS staff Administrative Review decision: LtyraliI ^0ral, Board of County Commissioners hearing (if applicable) Date By County Commissioners Hearing Date Surrounding property owners notified Presentation prepared CC action: CC resolution received / rJ Date Plat recorded and filed kit gbilio ,1. 10 / ��xpeo Overlay Districts Zoning Agricultural MUD Yes No_C_ IGA Yes No_D_ SANDY HOY HELZER PARALEGAL Airport Yes No_C_ Geologic Yes No C LAW OFFICES Flood Hazard Yes No_C Panel #080266 0475 D MARCH,OLIVE&PHARRIS,LLC 110 EAST OAK,SUITE 200 (970)482-43Z Road Impact X FORT COLLINS,CO 80524-2880 FAX(970)482-57 RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 0 7 0 5 _ 2 4 _ 1 _ 0 0 _ 0 3 5 (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co weld co usl Legal Description Lot B of RE 3517,Northeast 1/4 , Section 24 , Township7 North, Range67 West Has the property been divided from or had divided from it any other property since August 30, 1972? YesX No Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes No FEE OWNER(S) OF THE PROPERTY: Name: Lyle E.and R.Dianne Honstein Work Phone# Home Phone#(970)667-3239 Email Address Address: 155 Wild Briar Lane City/State/Zip Code Loveland,CO 80538 APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany all applications signed by Authorized Agent) Name: Brad March,March,Olive&Pharris,LLC Work Phone# (970)482-4322 Home Phone# Email Address bmarch@bmarchlaw.com Address: 110 E.Oak Street,Suite 200 City/State/Zip Code Fort Collins,CO 80524 Lot A Lot B Lot C Lot D Smaller Parcel Water Source North Weld Water Dist. 1.4 Type of Sewer Septic System ;�p7•. ,, Proposed Use Residence Farm Acreage +/-11 acres +/-74 acres Existing Dwellings? If Yes, list address If Yes, list address If Yes, list address If Yes, list address below: below: below: below: 11668 W.C.R.80,Eato& 7 41.0442/ Eats ' It the property is vacant or unimproved wnte proposed water source and proposed sewer system tor each parcel in the blanks above. For example,if a well and septic is proposed state:proposed well,proposed septic. I (We) request that the following described property be designated a Recorded Exemption by the Weld County Board ofCountyCommissioners. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee wners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee o n rs must be included with the application. If a corporation is the fee owner, evidence must/be include owing the signatory has the legal authority to sign for the corporation. Q ///' 3-rc-2oit7 Si at . Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date (4 ( • MARCH, OLIVE & PHARRIS, LLC J.BRADFORD MARCH ATTORNEYS AND COUNSELORS AT LAW ARTHUR E.MARCH STEWART W.OLIVE 110 E.OAK STREET,SUITE 1908-1981 JOHN W.PHARRIS PORT COLLINS,COLORADO 8052424-2880 ARTHUR E.MARCH,IR. SARA K.S'f1EBEN (99014)4S2-S2 193-2005 Fax(9901482-5)19 March 15, 2010 Weld County Planning Department 918 10th Street Greeley, CO 80631 Re: Honstein Recorded Exemption Application 11668 WCR 80, Eaton, Colorado. Dear Sir or Madam: Enclosed with this letter is a Recorded Exemption Application for the above- referenced property. In support of this application, we have also included the following: An original Recorded Exemption Questionnaire and 4 copies; - Four maps of the property; - An original Weld County Road Access Information Sheet, plus one copy; - Two copies of a letter from the North Weld Water District; - Two copies of the existing septic system permit; - One original Certificate of Conveyance form and all attachments from Land Title Guarantee Company; A statement from the Weld County Treasurer showing no delinquent taxes exist for the original parcel; - A check in the amount of$1,000 for the application fees. By their signatures below, Lyle E. Honstein and R. Dianne Honstein, authorize our firm to act as agent for this transaction. If you have any questions or need additional information, please contact our office. Sincerely yours, CH, OLIVE &PHA IS, LLC . B d Mar ch� Lyl E. Honstein R. Dianne Honstein JBM:shh Enclosures RECORDED EXEMPTION (RE) QUESTIONNAIRE Please type or print your responses to the following questions on a separate sheet of paper. 1. Water supply statements addressing the following: a. Domestic use. The statement will include evidence that a water supply of sufficient quality, quantity and dependability will be available to serve all proposed lots. A letter from a water district, municipality, or a well permit are examples of evidence for domestic use. (Example-"Water will be provided by the 123 Water Company, a tap agreement has been purchased and a copy of the receipt is attached," or"Water will be provide by a well (Well Permit# 12345 is attached.") b. Irrigation water. The statement will include the type and quantity of irrigation water to the site,whether irrigation water has been removed from the site and, if so,when. (Example-"Four(4)shares of ABC Ditch Company Water will remain with the site, a copy of the purchase agreement addressing this item is attached," or"The parcel was purchased with no water rights.") 2. A statement explaining that the proposed lots will have an adequate means for the disposal of sewage in compliance with the requirements of the underlying zone district and the Weld County Department of Public Health and Environment. A copy of the septic permit or a letter from the sewage disposal facility must accompany the application. (Example - "Sewer service will be provided by Anytown Sewer and a "Commitment to serve" letter from Anytown is attached."or"An engineered Septic system will be designed, constructed and permitted according to Weld County ISDS requirements." or "A copy of the existing Septic Permit and appropriate copies (#123456789) are included with the application.") 3. A description of how the property is being used. When the parcel(s)is located in the agricultural zone district, the number and types of livestock and any existing improvements such as the principal residence,labor home, mobile home, manufactured home, barn, outbuildings, and oil/gas well production facilities on the property. If the property is being farmed the location of any pivot sprinklers and irrigation ditches as well as types of crops being produced. (Example - "The parcel has one farmhouse, one mobile home for the hired hand (permitted under Mobile Home Permit#ZPMH-123),two barns,a one loafing shed. The north half is currently used for pasture for approx. One hundred head of cattle and six to ten horses. There is an oil and gas well head and tank battery in the northeastern corner. The south half of the property is flood irrigated and currently planted in alfalfa.") 4. A description of the location, size, present and future use of the area where the proposed new lot(s)will be created. (Example-"The new lot will be approx five acres in size and located west of and adjacent to CR. and the north boundary of the property. It is being created to be sold for a single family dwelling site.") 5. A statement describing any unique physical characteristics on the site,if applicable such as rock outcroppings, hills, ditches. (Example-'The ABC ditch runs diagonally across the southeastern quarter of the property?) 6. A statement indicating where a primary building envelope and/or alternative building envelope will be designated on any of the lots. Building envelopes may not be necessary on lots that are smaller than thirty- five acres. The Department of Planning Services reserves the right to recommend building envelopes on smaller acreage. (Example -"No building envelopes are requested") 7. Is there a Business or Use by Special Review permit on the property? If so, will it be vacated or remain on the Recorded Exemption lot(s)? (Example - "USR 1234 for my concrete business will be vacated as I am retiring. My son is moving the business and equipment to his property outside of Weld County.") -6- Honstein Recorded Exemption Questionnaire 1. a. Domestic Water Use: A letter from the North Weld Water District is attached. b. Irrigation Water. The parcel will be transferred with no water rights. 2. Two copies of the existing Septic Permit are included with the application. 3. The Property is currently 85 +/- acres and being used as the principal residence with a farmhouse along with a barn, corrals and potato cover. The south portion of the property is flood irrigated. 4. The new lot will be approximately 11 acres which contains the farmhouse, barn, corrals and potato cover and is located south of WCR 80. It is being created to be transferred to our daughter and son-in-law for a single family residence and dry pasture. 5. The Collins Lateral Canal runs along the North edge of the property and a irrigation ditch runs along the East boundary line. 6. No building envelopes are requested. 7. There is no business or Use by Special Review on the property. Tax Account • Page 1 of 1 Tax Account Summary Account Id R2575703 Parcel Number 070524100035 Owners HONSTEIN LYLE EDWARD Address 1135 D BIG THOMPSON CANYON LOVELAND,CO 80538-9704 Situs Address 11668 80 CR WELD 000000000 Legal PT NE4 24 7 67 LOT B REC EXEMPT RE-3517 Inquiry Payment Date 03/12/2010 Payment Type C) First * Full Total Due $0.00 Update Value Area Id Mill Levy Tax Area 0430-0430 81.1320000 Actual Assessed AG-FLOOD IRRRIGATED LAND-4117 39,986 11,600 AG-GRAZING LAND-4147 50 10 AG-WASTE LAND-4167 28 10 FARM/RANCH RESIDENCE-IMPS-4277 67,749 5,390 OTHER BLDGS:AGRICULTURAL-4279 3,723 1,080 Total Value 111,536 18,090 Taxes $1,467.67 The amounts of taxes due on this page are based on last year's property value assesments. https://www.weldtax.com/treasurer/treasurerweb/account.j sp?account=8257... 3/12/2010 • REFERRAL LIST Name: Lyle & Dianne Honstein • Case#: RE-5016 County Towns & Cities Fire Districts _Attorney _Ault _Ault F-1 x Health Department _Berthoud _Berthoud F-2 _Extension Office Brighton _Briggsdale F-24 Emergency Mgt Office - Ed Herring _Dacono _Brighton F-3 _Sheriffs Office _Eaton _Eaton F-4 x Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans _Frederick _Airport Authority _Firestone _Galeton F-6 x Building Inspection _Fort Lupton _Hudson F-7 x Code Compliance Ann _Frederick _Johnstown F-8 _Kim Ogle (Landscape Plans) _Garden City _LaSalle F-9 _Lin (Addressing Change of Zone) _Gilcrest _Mountain View F-10 _Ambulance Services _Greeley _Milliken F-11 _Grover _Nunn F-12 State _Hudson _Pawnee F-22 Div._ of Water Resources _Johnstown _Platteville F-13 _Geological Survey _Keenesburg _Platte Valley F-14 _Department of Health _Kersey _Poudre Valley F-15 _Department of Transportation _LaSalle Raymer F-2 _Historical Society _Lochbuie _Southeast Weld F-16 _Water Conservation Board _Longmont _Union Colony F-20 _Oil & Gas Conservation Commission _Mead Wiggins F-18 _Milliken x Windsor/Severance F-17 Division of Wildlife _New Raymer _South Hwy 66 (Loveland) _Northglenn Commissioner _North Hwy 66 (Greeley) _Nunn _ _Division of Minerals/Geology _Pierce _Platteville Soil Conservation Districts x Severance _Big Thompson/ FTC _Thornton _Boulder Valley/Longmont _Windsor _Brighton/SE Weld _Centennial Counties x Greeley/West Greeley _Adams _Platte Valley _Boulder _West Adams _Broomfield _ Thompson _Little Larimer Federal Government Agencies Other _US Army Corps of Engrs x School District RE-4 _USDA-APHIS Vet Service x NWCWD _Federal Aviation Admin (Structures x Water Supply & Storage over 200 ft or w/in 20000 ft of Pub Ditch Company Airport x Collins Lateral Ditch _Federal Communications Comm Company _Art Elmquist(MUD Area) REFERRAL LIST Name: HONSTEIN • • Case#: RE-5016 County Towns&Cities Fire Districts Attorney _Ault _Ault F-1 C Health Department _Berthoud _Berthoud F-2 _Extension Office _Brighton _Briggsdale F-24 _Emergency Mgt Office- Ed Herring _Dacono _Brighton F-3 _Sheriffs Office _Eaton _Eaton F-4 C Public Works _Erie _Fort Lupton F-5 Housing Authority _Evans _Galeton F-6 _Airport Authority _Firestone _Hudson F-7 C Building Inspection _Fort Lupton _Johnstown F-8 C 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-18 _Oil & Gas Conservation Commission _Mead C 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 C Severance Geo Haz _Big Thompson/FTC _Thornton FP? Panel# Boulder Valley/Longmont _Windsor IGA? ORD# _Brighton/SE Weld MUD? Centennial Counties C Greeley/West Greeley _Adams _Platte Valley _Boulder _West Adams _Broomfield Little Thompson Larimer Federal Government Agencies Other _US Army Corps of Engrs C School District RE-4 _USDA-APHIS Vet Service C NORTH WELD COUNTY Water Dist Federal Aviation Admin (Structures C WATER SUPPLY&STORAGE over 200 ft or w/in 20000 ft of Pub C Ditch Company,COLLINS LATERAL Airport Federal Communications Comm 7 7 Kristine Ranslem • From: Kristine Ranslem Sent: Friday, March 19, 2010 8:37 AM To: Ann Siron; 'Joyce Wallace'; 'deputyclerk@townofseverance.org'; 'stephanie.watson@weldre4.k12.co.us'; 'alano@nwcwd.org'; 'dharmon@frii.com' Subject: RE-5016 Referral Attachments: Referral Sheet.pdf; Application.pdf We have just received a case (RE-5016) in which we ask that you review the attached material and send a referral to us by April 18, 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! c.t is Es t& Jo C&!i t .-�1 AA7A-F K.r�st%we RGlvssleVV, Planning Technician Weld County Planning Services 918 10 Street, Greeley CO 80631 970-353-6100 ext. 3519 1 • • Print Form ‘ rcit(4: ::) Weld County Referral Weld County Planning Department I .IUC GREELEY OFFICE March 18, 2010 APR D2 '-,,n COLORADO RECEIVED The Weld County Department of Planning Services has received the following item for review: Applicant Lyle&Dianne Honstein Case Number RE-5016 Please Reply By April 18, 2010 Planner Kim Ogle Project Two Lot Recorded Exemption Legal Lot B RE-3517; Part NE4 of Section 24, T7N, R67W of the 6th P.M., Weld County, !Colorado. Location South of and adjacent to CR 80; west of and adjacent to CR 25 Section Line. For a more precise location, see legal. Parcel Number 1 0705 24 100035 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 144/e have reviewed the request and find no conflicts with our interests. attached letter. © Please notify me of any public hearings regarding this request. Comments: Signature "--a2-3-- — .�67,_-- Date 3- 3O—/6 Agency WEST CREELEY CONSERVATION DISTRICT +Weld County Planning Dept. 0918 10th Street Greeley,CO.80631 O(970)353-6100 ext.3540 O(970)304-6498 fax a) E III 1, i o m c �I E 0 a) c ; ' '.. U-) E al,J (/` fill I "' _ -lz C o 2 `;Y, m Y c I O o I -p -a N LE _c j, 0 c L 0.0 in > c,; o) j (nQ U) WIC CB I _- - I i Io t_ CD I ! r 1 co m o a h D E E R 5 W E '5 om o 0 ma) 0 -Y aa)) atei I 0) 3 E C Lo IC WO li III O M I 'Q FE N I U O O N L .c a rn I : c6 -0--m-- ..u' .mLm,3 a a) r (U c):)).:I=I N .N.. I O E j c II C. c L E _ Q N LLC w ~ _E o 3 N °"m, in.CO { �t� U � I � 1I O I III L o , _ a)j m N[ -C 3 6 c j N (1) x CIII >I a)1 a !I C O N W O m ^` rn W II I y C, 0) E I E co c a) co'; co o 0 I r. 0)I N F- C`.DI O I j N W O — 0 a (p J I 11 N 0 0 (A A WI N E ' Cl) O. d, a)Ic U' Tj a C' R N �4J1YI _ LLILL (A I a) �� i—j—i, L EE I NI CO to Z c I I C O a-+I O E c a) I a) Z -. U Y z O U �_. 'o V, O N aD.r M� "' O !/) Qi C N M M C N (II) a ca Q .e T I 11 i • • hiDe Weld County Referral RECEIVED March 19, 2010 COLORADO MAR 2 7 2010 \Nuts Claimant The Weld County Department of Planning Services has received the following item for review: Applicant Lyle & Dianne Honstein Case Number RE-5016 Please Reply By I April 18, 2010 Planner Kim Ogle Project j Two Lot Recorded Exemption Legal Lot B RE-3517; Part NE4 of Section 24, T7N, R67W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 80; west of and adjacent to CR 25 Section Line. For a more precise location, see legal. Parcel Number 0705 24 100035 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 U 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 met; al Date 1VI0 Agency Pa6Cw'C khrICG +Weld County Planning Dept. +918 10th Street Greeley, CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax weld County Planning Department • • GREELEY OCFICE • MEMORANDUM RECEIVED W��• TO: Kim Ogle, Planning Services DATE: April 14, 2010 FROM: Heidi Hansen, P.E., Public Works Department Aka- COLORADO SUBJECT: RE-5016, Lyle & Dianne Honstein 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: The Town of Severence has jurisdiction over this portion of WCR 80. There is 30 feet of Weld County section line right-of-way along the eastern edge of the property (WCR 25). This right-of- way is not currently being used or maintained by the County. REQUIREMENTS: The applicant shall utilize the existing agricultural/residential access to Lot A. Access to Lot B must be provided. This could be accomplished with a 30 foot wide access and utility easement through Lot A for the benefit of Lot B or by utilizing the 30 feet of Weld County section line right-of-way along the eastern edge of the property. To utilize the right-of-way the applicant would need to enter into a non-exclusive license agreement with the County and would be responsible for any upgrades (creating the roadway, ditch crossing, etc.) and maintenance. At the time of installation of the access roadway the applicant will need to contact the ditch company to discuss the crossing requirements and pay for the road sign listed in the non-exclusive license agreement($150). Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. FLOOD HAZARD DEVELOPMENT STANDARDS: This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). pc: RE-5016 Page I of I M:\PLANNING—DEVEL.OPMENT REVIEW\RE-Recorded Exemption\RE-5016\RE-501( MEMORANDUM VCFROM:Kim OgHeidi l lanning Services Hansen, P.E., Public Worrkks DepartmentATE: COLORADOil 14, 2010 COLORADO SUBJECT: RE-5016, Lyle & Dianne Honstein 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: The Town of Severence has jurisdiction over this portion of WCR 80. There is 30 feet of Weld County section line right-of-way along the eastern edge of the property (WCR 25). This right-of- way is not currently being used or maintained by the County. REQUIREMENTS: The applicant shall utilize the existing agricultural/residential access to Lot A. Access to Lot B must be provided. This could be accomplished with a 30 foot wide access and utility easement through Lot A for the benefit of Lot B or by utilizing the 30 feet of Weld County section line right-of-way along the eastern edge of the property. To utilize the right-of-way the applicant would need to enter into a non-exclusive license agreement with the County and would be responsible for any upgrades (creating the roadway, ditch crossing, etc.) and maintenance. At the time of installation of the access roadway the applicant will need to contact the ditch company to discuss the crossing requirements and pay for the road sign listed in the non-exclusive license agreement($150). Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. FLOOD HAZARD DEVELOPMENT STANDARDS: This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). pc: RE-5016 Page 1 of I C:\Documents and Settings\kogle\Local Settings\Temporary Internet Files\Content.outlook\ • • WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H St PO Box 758 Greeley CO 80632 Phone: (970 )356-4000 x3750 Fax: (970) 304-6497 Road File#: Date: RE#: Other Case#: 1. Applicant Name Lyle E. and Dianne Honstein Phone (970) 667-3239 Address 15; Nil rl Friar Tana City Loveland State CO Zip 80538 2. Address or Location of Access 11668 W.C.Pt. 80, Eaton, CO Section 24 Township 7N Range 67W Subdivision Block Lot Weld County Road # 80 Side of Road cnnrh Distance from nearest intersection 1/2 Mile 3. Is there an existing access to the property? Yes X No #of Accesses 1 4. Proposed Use: Q( Permanent (XResidential/Agricultural ( Industrial ( Temporary ( Subdivision ( Commercial ( Other *Mt***.**************.******************************************************************************************************* 5. Site Sketch Legend for Access Description: AG = Agricultural (2NaS RES = Residential O&G = Oil&Gas D.R. = Ditch Road E = House O = Shed D`'-� A = Proposed Access + = Existing Access 3 4.5 OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions El Installation Authorized ❑ Information Insufficient Reviewed By: Title: (7 ( Kik Memorandum TO: Kim Ogle, W.C. Planning WIlD • DATE: April 19, 2010 FROM: Mary Evett, W.C. Department of Public COLORADO Health and Environment CASE NO.: RE- 5016 NAME: Honstein Environmental Health Services has reviewed this proposal to exempt 11 acres from an 85 acre site. Proposed lot A will consist of 11 acres and proposed lot B will consist of 74 acres. There is an existing residence on proposed lot A which is served by an individual sewage disposal system (Permits SP-0300177 and SE-0300009) and by North Weld County Water District (Meter#191). Proposed lot B is vacant and a new individual sewage disposal system and a tap from North Weld County Water District will be installed when a residence is constructed. The following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed home septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Please note, the lot owners shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sewer line. In accordance with the Weld County Code, if a sewer line exists within 400 feet of the property and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. 2. All septic systems must be located on their respective lots and meet all lot line set back requirements. Provide a drawing of the septic system, with dimension and distances from lot lines, to W.C. Department of Public Health and Environment for verification of setbacks. • • Print Form ft \ •RH'.7H ' Weld County Referral C. March 18, 2010 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Lyle& Dianne Honstein Case Number RE-5016 Please Reply By April 18, 2010 Planner Kim Ogle Project Two Lot Recorded Exemption Legal Lot B RE-3517; Part NE4 of Section 24, T7N, R67W of the 6th P.M.,Weld County, Colorado. Location South of and adjacent to CR 80;west of and adjacent to CR 25 Section Line. For a more precise location, see legal. Parcel Number 0705 24 100035 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. See attached letter. ❑ Please notify me of any public hearings regarding this request. Comments: Signature Co( �\ � �k � P .b Date 7 �b Agency &t ( Je -'7 SLtab l L1 sI •iWeld County Planning Dept. •:918101h Street Greeley,CO.80631 •.(970)353-6100 ext.3540 •:•(970)304-6498 fax • • 1020 Main Street Windsor,CO 80550 I Phone: 970.686.8000 WELD RE-4 SCHOOL DISTRICT Fax: 970.686.8001 FOUNDATION FOR SUCCESS•EDUCATION FOR LIFE•CITIZENS FOR THE FUTURE karen.truslerQweldre4.k12.co.us ..in 1�itaT'"inif.;.0Mine'Sir:iriini•.,'._".1S'.K 7.',.Z:if..,` ,r-r'_ ,,•..-...I' .si` ,. .A.:a.# `.:t..F..CIAZJl'-o-.1 c....-.r s^#'.iit'b"'S6'4_";..!`I.X.4r ._:K"l: '�i- a Karen Trusler,Superintendent Stephanie Watson,Asst. Superintendent April 8, 2010 Kim Ogle Weld County Planning Department 918 10th Street Dear Kim, SUBJECT: RE-5016 The District has reviewed the above referenced recorded exemption. It appears that the property is being split into two parcels that divides the farm use and residential use. It does not appear that the applicant will be adding any residential units. Should a building permit be pulled in the future to add a residence to either lot, the amount of $2,240 will be due to the District at that time. If you have any questions in this regard, please feel free to contact me. Sincerely, f `F AC(-K1 c.5 ie, W.CLISar-N, Stephanie R. Watson Assistant Superintendent of Business Services Applicant : Lyle & Dianne Honstein Case # RE -5016 Planner : K_ im o • le III • it 1+ M •, ' f 1' • `'\ '• ..•L. �e„ � `, ti a Jl 1. r�.° • 1 .t.- sfa•,141r e S Y •A /77. 1 , ••••.0,, .1 .•. , ' \ \ 4e f . ti J -‘, a• No, • 1. ° 7r w • • 1 '}ti ° `#21'aPak ti'r war �. • .. , - - , ,i_..-ikker •4 . •-•• ll. 2. • I • j { 32 h 33 ( U • ` remit i lirt". °1 Et* tii:4 1R ' II' • ,0 `F�. vJt 4 ili„.. el. .ad 80 14 --kt 'trek :-` . ' _ _ " ;:T::; ; .. Is. di vijter , • " rt : • 1 • )'i rp '` VI;. `• `CS Lo! ° • .\lk: • ••_aia.. • .Z. . .• ,: '38 Cerr - . r ' .\\ ` •r ti ...- agti r` Z. . ..hi, . i I l t,L iti) •.-' ,. is _ r i ..../(4•11.S... `l t I:1 it • - • \ I i .f�L 5.3 -r ` •t. J , . Yr. ge..-.• :ti r rep 4 II ' keittrf .4--.•••- '‘....._,- :ift. - ii? V I . N. . • II,, 1A4.......1s :7...1 , i‘ • ... r • f i • . � :, ♦,y.��,� ;� X201 :' " ' a I`' E %j 001 4 \\\ .- • A •‘_ •-'+ _'� "fit;3i Rf1•rw•f!' '.A -. de v .�L.r.,► ", � sue. s� t rM1Y ��ri _,.. sr 47 - '1 s jyq�. �. Jr: • • • r ^- •*} r I ' . a ! CRSO . Iit • 1 #,- 4 • _ + LOT A 11 .I . t. « �r mil .> I • ' -''• '• �. • • tie): •aft rr , , .f` ' • _ I� P _ "'YIN'S:': `36 CAFE CATTLE S SHEEP . 0 `i . • 4 _ -._- - - .�_ " ► • W � ' _ • •r r AI � r J ..� Z ram.....Allij 1 l' '/ IM.. IC 11. I l '- - OT BUJ - Ciesl li fi' I lie is•...s r——----—sr-——..---...1 — — - - USR 801 CAFO L ' Mee 6 Tr : + "a'r _ . ill) 1 ar : . ts : - a f . *I. - _ . - . . i pl: 4 r �. a ...II ) Nt - - .. A • b, i r • E , u 4n. - ri ±c .... ..;f In" i Ir1 art t N a ) IF cre 80 1 SUP136 CAFO CAiTL : & SHEEP L 15 8� CAFo LAM `3s 1 9 U fly] II III\ I\ I\ I 5 30 CERTIFICATE OF CONVEYANCES WELD COUNTY • STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD Land Title Order No.: Honstein The Land Title Guarantee Company TITLE INSURANCE or ABSTRACT 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 of Recorded Exemption No. 0705-24-01 RE-3517, Recorded July 11, 2003 at Reception No. 3082538, being a part of the Northeast Quarter of Section 24, Township 7 North, Range 67 West of the 6`h P.M., and Part of the Northwest Quarter of Section 19, Township 7 North, Range 66 West of the 6`h P.M., County of Weld, State of Colorado. CONVEYANCES (if none appear, so state): Book 1586 , Page 282 Reception No. 1963516 , Book 1027 Reception No. 2452155 , Book 1507 Reception No. 3082538 Reception No. 3231824 Reception No. 3239239 Reception No. 3239240 Reception No. 3667469 "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, nor an opinion of Title, nor a guarantee Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee paid for this Certificate. It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by its proper officer this 4th day of March, 2010 at 5:00 o'clock P.M. LAND TITLE GUARANTEE COMPANY BY U 11 (1 Kerri Allison Title Examiner 1111 f06r1,58b mu! JUN 6 .......,.2.5:5..;,..,_�-• WARRANTY DEED ;/ J r ThIS DEED, clads this sue^ dap of June, 1961, between Gunner Swenson and Clare R. ar a a° Swan won (Who is also known as Clara Careret Carleton Swanson and who was formerly Clara Nergar Carleton) of the County or Weld and State of Colorado, of the-c` first part, and Edward William Hln and Amelia Dorothy HOnatein, ofsecondp of the County of held and State of Colorado, of the second part, UTNESSVITI That the said parties of the first part, for and in consideration of the sun of Twenty Eight Thousand Piro Hundred ti\.; (528,500.00) Dollars, to the said parties of the first pert in hand . ^tld by the said parties of the second pert, the receipt whereof is • 1hereby confessed and acknowledged, have granted, bargained, sold and conveyed, end by these presents do grant, bargain, cell, oonvey and confirm unto the said parties of the second part, to pees not in tenancy in common but In joint tenancy, the survivor of them, their assigns and the helm and assigns of much eurwleOr forever, all the following descrined lots or parcels of land, situate, lying and being in the County of 'old end State of Colorado, to-wit, rart of the Northeast .iarter (Nki) of Section 24, Township 7 North, Hange 57 Meet of cos 6th re ., G69Jribod cc f-ll--t: All lend lying East of a line oeglnning at a point as the East and West center line 1268.5 feet East of the center of Section, North E9 27' Hest, 228.5 feet, North 23° 33' teat. 256.5 feet, North 36° 35' Eeet 91.9 feet, North 700 32' East 163 feet, north 15°2' East 87.5 feet, North 523.8 feet, North 34°24' West 177.7 feet, North 26°240' Neat, Sw.b feet, Nortn 25°vs' '.lest, 1412,3 feet, to the North line, except there- from a parcel of lane conveyed tO John hilly and Nichol Riley by Deed recorded in book 211, at Page 553, described ea follows, Beginning et a point 30 feet west or x11ey'a Headgate located on Section 19, Township 7 North, Range 66 'set or the 6th 1. Y. thence South 700 feet, thence :eat 100 feet, thence on a Southwest angle 400 feet, thence South 141 feet, thence Southeast 116 feet, thence North 600 feet to place of beginning, the same ccvteining 1} acres, more or less, situate and being on the NEt of Section 24, Township 7 North Lange 07 .teat cf the 6th 1'. N. Also part of the Northwest .tarter (NO9) of Section 19, Township 7 North, Penes 66 'feet of the 5th Y. E., described as follows, se ginning at the Neat Ausrter corner, North 870.2 feet, South 53013' East, 140.2 feet. South 40°45' East, 107.7 feet, South 29°1C' ust, 230 feats South 18°10, East, 90.9 feet, South 9'52, Hest, 132.2 feet, South 12515' Vest 111 feet, South 33°47' :;eat, 203.7 feet to a point on the eaet and seat quarter line, West to the :Vest quarter corner and place of beginning, containing 5.41 acre., except Union racifie Railway Company r ..rvation. Containing in all 89.P6 acres, more or lees, according to the J. S. Government Survey thereof. Also together with one share of the capital stock of The aster supply and Storage Company, and all privileges, heredltamente end appurtenances thereunto belonging, or in any wise appertaining, including all water, trrigation and drainage rights of every kind and j. description, however evidenced or manifested, and all rights-9f-way, apparatus and fixtures belonging to or used in connection with weld "f described parcels of land. Second parties shall also receive all of 1661 crops on said lands but hereby assume and agree to pay all of o 1961 taxes and • item eeseeements on Said land when same become due, 0 First parties reserve the right to live in the residence of premises o until November 1, 1961, rent free; and reserve ore-half of oil, gas end minoral rights cm ..aid lands for the period or their natural 11veS ern the lire or the survivor of them. This conveyance shall also include all of first party'e Interest In 50 acr6 feet allotment of water In the Northern Colorado Pater so Conservancy Dibtrict which appears in dock 1044, Page 555, Weld fount; Records. v. 4' . r3. to 4 sou,.15t46 6 •16:28'3 TCOg'filER with all and singular the hereditaeente and apDurten- enon thereunto belonging, or in any wise appertaining. and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said parties of the first part, either 1n law or equity, of, in end to the abc<i—targalned preaaees, the hereditamente and appurtenances. TO RAVE AND TO MOLD the said premises above bargained and described, with appurtenances, unto the said parties of the second part, the survivor of them, their assigns, end the heirs and assigns of such survivor forever. And the said parties of the first part, for themselves and their heirs, executors, and administrator°, do oovenent, grant, bargain and agree to and with the said parties of the eecond part, the survivor of them, their assigns and the heirs and assigns of such survivor, that at the time of the annealing and delivering of then presents, they are well seized of the premises above conveyed, as of good, sure, perfuot, absolute and indefeasible estate of Inherit- ance, In law, in fee simple, and have good right, full power ai.d lawful authority to grant, bargain, sell and convey, the same in manner and form aforesaid, and that the sane are free and clear from all former and other grants. bargains. vales. ]Sens. taxes. assessments and encumbrances of whatever kind or nature sooners Except rights of way as conveyed by Dends reverent, ,. 6001( 76, page Oki; 000k 15,b, Page 157; and nook l65, Page 106, in ,laid County records; end except reservations in U. S. Patents. And except :SOs taxes m:1cn second parties nereby promaee and agree to pay ‘P en hue, ea azoreeate. the move uargainen rremim. .n the quiet and peaceable possession of the said parties of the second pert, the survivor of them, their assigns an tne heirs end assigns of such survivor, egairst xsa every person or persons lawfully claiming or to claim the ...ale or any part thereof, tne said parties of the first part shall end will NARR,4 T ATD FOREVER DEFEND. IN „ITNESS 1i.EREOF, the said parties of the first part have hereunto set their rands end seals the day and year first above written. //Ha+sp^" (/.-1Y4sys7.an.,a... (/ V4 #fla S Seal) G//gyspp � //!I- y ��.unna�r��s aneon. � , m4a,, .CIII.A bx/ , itVs< (Seal) de lf..t Cl'ais cZec wraeton away(se on) C,-� '�es'�� (seal if/�yy�� qq �/f_�1Clara rge ro t��Cerlot o.�r,.�S.enaon) tn /hies;047444"7/'T &tL2 +✓. (Sea I l roree Y lara Iargaret Carleton' State or Colorado, ) ) Es. County of eld. The foregoing inotrumont was acknowledged before me C: q—tf, wew/ Q day,e of June, 1861, by Gunnar Swanson and Clara .. Carleton Swarscn, AU swity anown as Clare :nargaret Carleton Swanson, and who sea rcrmrr IF ' '„ Wit;a cargaret Carleton. .',itness .y -.and and Official• ,a0,µ{;.,4 w°ity Eotar'a♦ Commis!)on Expires; f ;,in./ I,W u a jta a Notary P do • AR39L353� R 1027 REC 01963516 04/18/84 12:21 89.00 1/003 F 1289 MARY ANN FEUERSTEIN CLERK f. RECORDER WELD CO. CO cQ- Quit GlutniTeed, THIS DEED Is a convlyence from the individuall,). corporation(s)or other entity(ies) named below ei GRANTOR to the Indic idual(H or enlityllesl named below as GRANTEE of whatever interest the GRANTOR may have in the.eel property described below. The GRANTOR hereby sells and qui!claim,to the GRANTEE the real property described below with all its appudenandes The specific terms of this deed are Grantor 'Owe nemesal and 134[4(41IN•nicrca.lifts emu,.at Ilia own.Igramry Is pining.n and Dead to•b eau homestead none,eternity arenai n m[band and nlle 1 Edward William Honsteln and Amelia Dorothy Honsteln, as joint tenants 10323 Weld County Road 80 Windsor, CO Orel*. (6M nennel end eddrngn).,Nmrnb of adarm including naxnla'emir)or ebnt number,a require Edward William Honacein and Amelia Dorothy Hone tein, as tenants in common 10323 Weld County Rued 30 Windsor, CO fern el oo-Ornw1111f: Of Mery sra leo o•mare g,anlen nameil they will lie considered le Isle es angina In common uninune word)"in font,mint o•word,of in. er.weening m 10001 bins 'Data libeI Property Description: lm<mpe[Gorily slip note I As shown on Exhibit "A" attached hereto 3 Preface!AaYeae: 4 ReparvetternaudrIctions'. In the GRANTOR ntenne to reyrve any intern;in re OirnOeily cm in ennyeenessm.n lie 0,of fed ORANTOS is rnlns4na•1w GRANITES Toth,in Vs.drtontr mn.e eoo'aante lnd,(at,olll I F....n Kw rn.Corte: Apr t1 /3 r _a_ Praia*Vas Per c.r.n.ewr.r...arrrr eanycles we s -- we-.am.r.m• ro-po-nra. Fwrrrw..F Edward William Hone[ in 5 ^rot Amelia Dorothy Honsteln Greece COWPQlI e4Aeffi..li.C{. erfr/,rreteli/ G_ Vitt t ibb s Tr: COp.T [ er r. .(.N .Y Ee.sYane neonew I^ne I J atoll April r[O� '.. Cd�idaW�r WYla,l$aw Honacein and Anal to Dorothy ltoonsto In /e Yr�lsi•,nwtwi..:lf-5-�'I ?rl�'l.`.t vi �I � ^ter nc E.OAK ST. teewr narw Vett Of 1 A.COI.INS,CO WEN COUNTY OF y oroa.^e... ions,enwin..wove nlon•w inn data, n BY i .r•a•nlarrl>.0L•mlu is Caw•enwn iron. ,a•.nlvno.lrig tnrr.,a w'N[SS ey nnna.no wt..,we oar<e•.M.Yen.neee Iwo,Eger P 1027 REC 01963516 04/18/84 12:21 59.00 2/003 F 1290 MARY ANN FEUERST£IN CLERK S RECORDER WELD CC, CO EXHIBIT 'A' All the following described lots or parcels of land, being in the County of Weld and State of Colorado, to wit: Part of the Northeast Quarter (NE 1/4) of Section 24, Township 7 -North, Range 67 West of the 6th P.M., described as follows: All land lying East of a line beginning at a point on the East and West center line 1268.5 feet East of the center of Section, North 29' 27' West, 228.5 feet, North 23' 33' East, 235.5 feet, North 36' 35' East 97.9 feet, North 78' 32' East 163 feet, North 15'2' East 87.5 feet. North 523.8 feet, North 34'24' West 177.7 feet, North 26'240' West 103.5 feet, North 25'42' West, 1412.3 feet, to the North line, except therefrom a parcel of land conveyed to John Riley and Michel Riley by Deed recorded in Book 211, at Page 553, described as follows: Beginning ai a point 30 feet west of Riley's Headgate located on Section 19, Township 7 North, Range 66 West of the 6th P.M. thence South 700 feet, thence West 100 feet, thence on a Southwest angle 400 feet, thence South 141 feet, thence Southeast 116 feet, thence North 600 feet to place of beginning, the same containing 1 1/2 acres, more or less, Situate And being on the NE 1/4 of Section 24, Township 7 North Range 67 West of the 6th P.M. Also pert of the Northwest Quarter (NW 1/4) of Section 19, Township 7 North, Range 66 'lest of the 6th P.M. described as follows: Beginning at the West 0uarter corner, North 870.2 feet, South 53'13'East 140.2 feet. South 40'45' East, 107.7 feet, South 29'10' East, 238 feet, South 18'10' East. 90.9 feet, South 9'52' East 132.2 feet, South 12'15' West 111 feet, South 33'47' West, 203.7 feet to a point on the east and west quarter line, West to the West quarter corner and place of beginning, containing 5.41 acres, except Union Pacific Railway Company reservation. Con- taining in all 89.96 acres, more or less, according to the U.S. Government survey thereof. Also together with one share of the capital stock of The Water Supply and Storage Company, and all privileges, heredita- cents and appurtenances thereunto belonging, or in any wise appertaining, including all water, irrigation and drainage rights of every kind and description, however evidenced or manifested, and all rights-of-way, apparatus and fixtures belonging to or used in connection with said described parcels of land, 8 1027 REC 01963516 04/18/84 :2:21 $9.00 3/003 F 1291 MARY ANN FEVERSTEIN CLERK & RECORDER VELD CO, CO This conveyance shall also include the interest in 50 acre feet allotment of water to the Northern Colorado Water Conservancy District which appears in Book 1044, page 555, Weld County Records. TOGETHER witn all snd singular the heredltar,ents and appurtenances thereunto belonging, or in any wise apperta'nirg, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said parties of the first part, either in law or equity, of, in and to the above bargained premises, the hereditaments And appurtenances. AKZVSz15S PERSONAL REPRESENTATIVE'S DEED THIS DEED made by Shirley Ann Honstein as Personal Representative of the Estate of Amelia D. Honstein also known as Amelia Dorothy Honstein, deceased, Grantor, to Lyle Edward Honstein, also known as Lyle E. Honstein, Grantee, 10323 Weld County Road 80, Fort Collins, CO 80524. WHEREAS, the above-named decedent in her lifetime made and executed her Last Will and Testament dated April 13, 1944, which Will was duly admitted to informal probate on May 16, 1994, by the District Court in and for the County of Weld, and State of Colorado, Probate No. 94PR157; and WHEREAS, Grantor was duly appointed Personal Representative, on May 16, 1994, by the District Court of Weld County, Colorado, and is now qualified and acting in said capacity; and NOW, THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby sell, convey, assign, transfer and set over unto Grantee as the person entitled to distribution of the property under the above captioned Will and pursuant to agreements entered into in accordance with C.R.S. §15- 12-912, a 50% undivided interest in the following described property situate in County of Weld, State of Colorado: All that part of Section 19, in Township 7 North, Range 66 West of the 6th P.M. , Weld County, Colorado, described as follows: Commencing at the 34 corner on the West line of said Section 19; running thence North along the West line of said Section 19, 870.2 feet; thence by true bearings (magnetic variation 14° 30' East) South 53° 13' East 140.2 feet; South 40° 45' East 107.7 feet; South 29° 10' East 238.0 feet; South 18° 10' East 90.9 feet; South 9° 52' East 132.2 feet; South 12° 15' West 111.0 feet; South 33° 47' West 203 .7 feet to a point on the East and West 34 section line of said Section; thence West along said 'f section line 245.2 feet to place of beginning also The NEB% of Section 24, in Township 7 North of Range 67 West of the 6th P.M. , Weld County, Colorado; Excepting therefrom Rights of Way as conveyed by Deeds recorded in Book 76, page 523, Book 163, Page 157 and Book 163, page 185, Weld County Records, and also excepting therefrom Parcels of land as conveyed to John Riley and Michel Riley by Deed recorded in Book 211, page 553 and to James A. Tweed, by deed recorded in Book 280, page 77, Weld County Records; together with 1 share of the capital stock of Water Supply & Storage Co. represented by stock certificate number 5130 and 2.888 (H interest conveyed to Grantee 1.444 units) units of the water of the Northern Colorado Water Conservancy District; with all its appurtenances free and clear of liens and encum- brances, except: general taxes for the year 1995 payable in 1996 which Grantee assumes and agrees to pay, easements and rights of way in place or of record and protective covenants of record. Grantor further sells, conveys, assigns, transfers and sets over unto Shirley Ann Honstein and Lois Jean White as the persons entitled to distribution of property under the above-captioned will and pursuant to any agreements entered into in accordance with C.A.S. § 15-12-912, 23.556 units (11.778 units each) of the water of the Northern Colorado Water Conservancy District which water has been allotted to the above-described property. As used herein, the singular includes the plural and the masculine gender the feminine and neuter genders as the context may require. 2452155 8-1507 P-656 08/21/95 04:02P PG 1 OF 2 REC DOC 'Weld County CO Clerk & Recorder 1100 Milani Tx IMO d Walt 1106.00t Ft coil ,CO MFR/ SKLD LG SKL10422 WE 2452155-1995 . 001 • 0 Executed this (` day of June, 1995. • Shirley Ann Honstein as Personae Representative of the Estate of Amelia D. Honstein also known as Amelia Dorothy Honstein STATE OF COLORADO ) ss. COUNTY OF WELD lkj The foregoing instrument was acknowledged before me this / day of June, 1995 by Shirley Ann Honstein as Personal Representative of the Estate of Amelia D. Honstein also known as Amelia Dorothy Honstein. " ' ". ...... Witness my hand and official seal. F/ My commission expires: /0'5-1,7 p � � 3 c ,WIuubliX. F-t<I No ry Public , • CF CGS' 2452155 B-1507 P-656 08/21/95 04:02P PG 2 OF 2 2 SKID LC SKL10422 WE 2452155-1995 . 002 " 0 .,• I ii €11 . 1 I's lb a1tr`e4lr I '� -T ai₹ a aIF v stgl . Ir .— eh.11 rz:5kral >i 1 • 1ra�l s§ / r N �p r Ysri fi5 ' x ! a �3 Y q i I— l.s liP ;iY Y Ii- e Y # i.?:! v a:.I. ®Bta r {-- s. = art t o -,-' r y i - ERt aa: : I1 €aI1# Li. is! . V I.:!!!ip l�tE,R!1,;bot V ilal 9• ti`1e ! J 4 tJ 53,?� 61i .— 1 av- , '1 .4 ay Yt 83 Fr- v l 4 1 t� \—}j, kt 2 II a� e r sr'.'='y iiig tagt gg! a:atialAaranT,P, _a ¢1Eli, _ a Q a a sa{ =.a tF IIA 0, ri 01 !1 f ; E t``F !° !! III!tt !bill III 1 1'' t !Ii 11 a!! !'• r: 6 E a tf�i}!i J ! i j{ as f't, . , i s( ,I,Ii d I' 2tt fit• t; l t T 1i• i 1111 ;;111. !illilff. bifll 11� 3,°1 ii= 1 1#1 11 6116° Till a, • ,a €! iri ;4r {�it 't.l. rliiaa a 1 I , t t;l !t F' �`tj !11 $• i . =tli a 6t 3 s ≥ 3 8 1 .t re ii! t f 1 [ 'Ftt!{ti I f(j'i3 tll .Pli l =j f. II.g #� t'Y . :0 - - is x a RtAP'- { aria {{ i I 1!s t f j ° ° 1 t !fill ; l• - ii W itk 'SS!!! a F F a ff P 88i a �l 11 I. � t 113�ti a.'t!! !a 11,E fill!' alai #..- r ! It '1l ti, sl i=• : r .t r tI x t !! II! 1 ii iii ;Ili. ' I 1 l:a t4! �₹�f 1 r't!1 t t 1 d 1: �tt ! t �- 4 3 I � i,i1 :t Wit �. _!_ � ,.� t,��t , (#t f� � 1t � 1t{� I I I g''F 1 + ((11 ! !II !1 #F ([t F!!� ii Ord in , p �! !=I pi!{ s I _ F I', 1.0 ta�f# f � 3 t�i1F�i !! 1 °`F ;i t k ill O r$ l #tf ' ' ; ali l#.#'fl Ilk ! f= tr i e,c 4 r. It . 1 t� • ,.� j . 1 F 1 .-4, ! _ !! III tit. 1 #+ tt l' _ i = t: al t! Y I 0 0 t:? F a fl t�FF ' ��!!� s�' �f,�r �tt3f !I ��tf'j a #+ f l<I1� 4! � .t. js f ! !Mil ti � ! t !�i ; 8 r = 1 •t 1 ! F1. tt I { r a I Etl[iti !l �ill t e e �_ !1 lli :Ili t- _ 4# *1111 1 i1 1 If 11 'a 1;41-0` 1 °I1�1 : k'k . k . . . 6 vs 110°0 I III!! 1 2 { + t � ! t.t- ! � i s i • ss YIt � { .1111111!1 II;1I(4III.II 4'411 II1;IIIIfitll Iiifil III Ta=ll li All ;i Ili iii ilHH :hi milli ! k t;k -.t t!' l #o1!I! z��P 3 " IIix ill 1 ,!f 'H $, „ - ? 1c-0 at 4YY�yy{=1fA n J��337 V\DJyr� / p.4'-4f„qt ..7 .,.Jab dS t •°:a y°I acrraA, "sue �� „ rt c Mf3N r••n N•a a }�}- vrt►m K t M,4,IF.0�i t r 1 y ty'� I417 ��("A.- y0. �l 7fp rSz� !. c .tun .. 4 i ,/4 - w mA ^S t 2� {gin ��p i La3 i ..-/ \ ; 7. 1"P' -1 � .fib W i / V H4 4 rg. 3.) °I 1 y N t Y) '8 $ . R r f ' T P $ .0,..„,,,i, g s i 11 i' .--.1*"-----..." Y 14141 )41]1 y5yak Z 11 .7",• � YI.1•PVh N r ai gti( 4:- to" {n4 X = e'L 1 t I 4 1 $ P.� `�bJ 's, ti s ` e 0000 y..Ef t tw < r4B Y€�O.4i.. s,, s+ $sue 3 !I!! ” i ¢ y, p yg t a'mR7 P.12.!<31 I jb 6 i 41 `.a i `al oM1E r d pi 21 'Y ' I i O ""1:1 ail s E_ P i ! ail i' 11 a _ , IB10 I ;k i ,.z,,t JLM�K76 F iii Eaa ix- F I a 4•—L = A Jsi3 '7. SL r1$F'via , J.<At;[ }'6j7.e r a ■ ilk „ 9; e^.iP+ k A�F A I6- ' S - . • ��.� �, .•3 4Mt M.ac,a AN IIIIIIII IIIIII Ill I NIIII�IIIII III SCOTT O CLERK • RWTNY 2004-0100324 10/13/20 4 824 PAGES - 1 FEE $12.00 DOC 70.00 113B2&23 PERSONAL REPRESENTATIVE'S DEED STATE DOcuME EXEMP TTARv FEE T• THIS DEED made by Shirley Ann Ionstein and Lyle Edward Honstein,as Co-Personal Representatives of the Estate of Edward W.Honstein,also known as E.W.Honstein,deceased,Grantor,to Shirley Ann Honstein and Lois Jean White,Grantees, 10323 Weld County Road 80,Fort Collins,Colorado,80524. WHEREAS,the above-named decedent in his lifetime made and executed his Last Will and Testament, dated June 15, 1995,which Will was duly admitted to informal probate on September 11,2003,by the District Court in and for the County of Weld,and State of Colorado,Probate No.03 PR 325;and WHEREAS,Grantor was duly appointed Personal Representative,on September II,2003,by the District b Court of Weld County,Colorado,and is now qualified and acting in said capacity;and NOW,THEREFORE,pursuant to the powers conferred upon Grantor by the Colorado Probate Code, 4Ig Grantor does hereby sell,convey,assign,transfer and set over unto Grantee as tenants in common as the persons gag entitled to distribution of the property under the above-captioned Will and pursuant to agreements entered into in accordance with C R.S.§15-12-912,a 50%undivided interest in the following described property situate in the County of Weld,State of Colorado: All that pan of Section 19,in Township 7 North,Range 66 West of the 6'"P.M.,Weld County, Colorado,described as follows: Commencing at the'.corner on the West line of said Section 19;running thence North along the West line of said Section 19,870.2 feet;thence by true bearings(magnetic variation 14°30'East)South 53°13'East 140.2 feet;South 40°45'East 107.7 feet;South 29°10'East 238.0 feet; South 18°10'East 90.9 feet;South 9°52'East 132.2 feet;South 12° 15'West 111.0 feet;South 33°47' West 203.7 feet to a point on the East and West',section line of said Section;thence West along said'A section line 245.2 feet to place of beginning also The NE%of Section 24,in Township 7 North of Range 67 West of the 6th P.M.,Weld County, Colorado;Excepting therefrom Rights of Way as conveyed by Deeds recorded in Book 76,page 523,Book 163,Page 157 and Book 163,page 185,Weld County Records,and also excepting therefrom Parcels of land as conveyed to John Riley and Michel Riley by Deed recorded in Hook 211,page 553 and to James A. Tweed,by deed recorded in Book 280,page 77,Weld County Records;together with I share of the capital stock of Water Supply&Storage Cu.represented by stock certificate number 5130 and 2.888(1/2 interest conveyed to Grantee 1.444 units)units of the water of the Northern Colorado Water Conservancy District; with all its appurtenances free and clear of liens and encumbrances,except: general taxes for the year 1995 payable in 1996 which Grantee assumes and agrees to pay,easements and rights of way in place or of record and protective covenants of record. Grantor further sells,conveys,assigns,transfers and sets over unto Shirley Ann Honstein and Lois lean White as the persons entitled to distribution of property under the above-captioned will and pursuant to any agreements entered into in accordance with C.R.S.§ 15-12-912,23.556 units(11.778 units each)of the water of the Northern Colorado Water Conservancy District which water has been allotted to the above-described property. As used herein,the singular includes the plural and the masculine gender the feminine and neuter genders as the context may require. • Executed this I! day of October,2004.x^ pp N�1Alt.Aee ) cq 10-r4va Shirley Ann ys t nsein,as Co-Personal RepresemativE of the Estate of Edward W. Honstein,also known as E.W.Honstein Lyle dwar Hod Honstein,as Co-Personal , Representative of the Estate of Edward W. Honstein,also known as E.W.Honstein STATE OF COLORADO ) as. COUNTY OF WELD The foregoing instrument was acknowledged before me this // 1 day of October,2004,by Shirley Ann Honstein and Lyle Edward Honstein,as Co-Personal Representatives of the Estate of Edward W.Honstein,also known as E.W.Honstein. Witness my hand and official seal. 4„. • •3 My commission expires: //' �� _ _ :: /7 cf N ary Public ,`Ov c? V G ✓MARCH OLIVE E, PHARRl5 -. �''•. P 110 TE OAK JINS co .306a4- III1III11I1IIIIIIIIIIIIIIIIII�III��II�IIII��I�III II II e7A'F C' 3231624 10/2912004 04:59P Weld County,CO 1 of 1 R 6.00 0 0.00 Steve Moreno Clerk&Recorder SKLD LG SKL10422 WE 3231824-2004 . 001 239 AIM 1111111111 MUM'IIII SHIM IIIIIIII • - 3239239 11/29/2(04 04:36P Weld County, CO 1 of 2 R 11.00 D 0.00 Steve Moreno Clerk&Recorder CORRECTION PERSONAL REPRESENTATIVE'S DEED THIS DEED made by Shirley Ann Honstein and Lyle Edward Honstein,as Co-Personal Representatives of the Estate of Edward W.Honstein,also known as E.W.Honstein,deceased,Grantor, to Lyle Edward Hon stein,Grantee,whose address is 1135 D Big Thompson Canyon,Loveland,CO 80538-9704. WHEREAS,the above-named decedent in his lifetime made and executed his Last Will and Testament,dated June 15, 1995,which Will was duly admitted to informal probate on September 11, 2003,by the District Court in and for the County of Weld,and State of Colorado,Probate No.03 PR 325; and WHEREAS,Grantor was duly appointed Personal Representative,on September 11,2003,by the District Court of Weld County,Colorado,and is now qualified and acting in said capacity;and NOW,THEREFORE,pursuant to the powers conferred upon Grantor by the Colorado Probate Code,Grantor does hereby sell,convey,assign,transfer and set over unto Grantee as tenants in common as the persons entitled to distribution of the property under the above-captioned Will and pursuant to agreements entered into in accordance with C.R.S. §I5-12-912,a 50%undivided interest in the following described property situate in the County of Weld,State of Colorado: All that part of Section 19,in Township 7 North,Range 66 West of the 6th Y.M.,Weld County,Colorado,described as follows: Commencing at the/corner on the West line of said Section 19;running thence North along the West line of said Section 19,870.2 feet;thence by true bearings(magnetic variation 14°30'East)South 53° 13' East 140.2 feet;South 40°45'East 107.7 feet;South 29° 10'East 238.0 feet;South 18° 10'East 90.9 feet;South 9°52'East 132.2 feet;South 12° 15'West 111.0 feet;South 33°47'West 203.7 feet to a point on the East and West'G sec:ion line of said Section;thence West along said''A section line 245.2 feet to place of beginning alto The NE'G of Section 24,in Township 7 North of Range 67 West of the 6'"P.M.,Weld County,Colorado;Excepting therefrom Rights of Way as conveyed by Deeds recorded in Book 76,page 523.Book 163,Page 157 and Book 163,page 185,Weld County Records,and also excepting therefrom Parcels of land as conveyed to John Riley and Michel Riley by Deed recorded in Book 211,page 553 and to James A.Tweed,by deed recorded in Book 280,page 77, Weld County Records; together with 1 share of the capital stock of Water Supply&Storage Co.represented by stock certificate nu-obcr 5130 and 50 units of the Northern Colorado Water Conservancy Distnct; subject to that unrecorded agreement dated November 11,2004,which unrecorded agreement: (I)terminates by its terms and is of no further force and effect on January 1,2010;or(2)or is subject to tennination by written agreement entered into by any two members of the group consisting of Shirley Ann Honstein,Lois Jean White and Lyle Edward Honstein; with all its appurtenances free and clear of liens and encumbrances,except: general taxes for the year which Grantee assumes and agrees to pay,and easements and rights of way in place or of record. As used herein,the singular includes the plural and the masculine gender the feminine and neuter genders as the comet'may require. THIS DEED IS BEING EXECUTED TO CORRECT A SCRIBNER'S ERROR CONTAINED IN THAT CERTAIN PERSONAL REPRESENTA'TIVE'S DEED DATED NOVEMBER 11,2004,AND RECORDED ON OCT°Bf2 29 $ooV IN THE RECORDS OF THE CLERK AND RECORDER OF WELD COUNTY, COLORADO(THE ORIGINAL DEED). THE ORIGINAL DEED MISTAKENLY PROVIDED THAT TIIE SUBJECT PROPERTY WAS CONvEYED TO SIIIRLEY ANN HONSTEIN AND LOIS JEAN WHITE,RATHER TIIPN TO LYI.E EDWARD HONSTEIN,THE PROPER RECIPIENT.(RrCp+na,V Na 3231129- z00%) Executed this /1 _day of November,2004. ' :J X„ ,:kµ 4) j.--Laixasitt. Shirley Ann 1pbnstein,as Co-Personal Representati a of the Estate of Edward W. Honstein,also known as E.W.Honstein Lyle ward Honstein,as Co-Personal Representative of the Estate of Edward W. Honstein,also known as EN/.Honstein *Sum to Much,Otis II Prevtu,LIZ 110 E.OM,Ft.Collins,CO 00524 SELL) SG SKL10422 WE 3239239-2004 . 001 iiniiiu�niiiiiiittiuuii�tiiittittii�in•iini • 3239239 1112912004 04 34F' Weld CoonI CO 2 01 2 R 11,00 0 0.00 Steve Morono Clerk 8 pec0rder STATE OF.COLO}L\DO ) ) as. COUNTY OF WELL> The foregoin;instrument was acknowledged before me this I./ day of November,2004,by Shirley Ann Honstei and Lyle Edward Honstein,as Co-Personal Representatives of the Estate of Edward W.Honstein,also known as E.W.Ionstein. Witness my hand and official seal. My commiss:on expires: /7—7-0 8 otary Public SKLD LG SKL10422 WE 3239239-2004 . 002 240 i 11111111111 iMl iiil}I�iiii uii 1111111 iii 11111 iiii iia • 3239240 11/2912004 04:36P Weld County, CO 1 of 1 R 6.00 0 0.00 Steve Moreno Clerk& Recorder BARGAIN AND SALE DEED Shirley Ann Honstein and Lois Jean White ("Grantor"), for the consideration of Ten Dollars($10.00) and other valuable considerations, in hand paid,hereby sells and conveys to Lyle Edward Honstein ("Grantee"),whose address is 1135 D Big Thompson Canyon,Loveland,CO 80538-9704,the following real property in the County of Weld, State of Colorado,to wit: All that part of Section 19, in Township 7 North,Range 66 West of the 6'"P.M.,Weld County, Colorado,described as follows: Commencing at the '/4 corner on the West line of said Section 19;n.nning thence North along the West line of said Section 19, 870.2 feet;thence by true bearings (magnetic variation 14°30' East)South 53° 13' East 140.2 feet; South 40°45' East 107.7 feet; South 2$° 10' East 238.0 feet; South 18° 10' East 90.9 feet; South 9° 52' East 132.2 feet; South 12° 1:i West 111.0 feet; South 33°47' West 203.7 feet to a point on the East and West ''V. section line of said Section; thence West along said '/4 section line 245.2 feet to place of beginning also The NE '/4 of Section 24,in Township 7 North of Range 67 West of the 6`"P.M., Weld County, Colorado; Excepting therefrom Rights of Way as conveyed by Deeds recorded in Book 76,page 523,Book 163,Page 157 and Book 163, page 185,Weld County Records,and also excepting therefrom Parcels of land as conveyed to John Riley and Michel Riley by Deed recorded in Book 211,page 553 and to James A. Tweed,by deed recorded in Book 280,page 77, Weld County Records; together with I share of the capital stock of Water Supply&Storage Co. represented by stock certificate number 5130 and 50 units of the Northern Colorado Water Conservancy District; subject to that unrecorded agreement dated November 11,2004, which unrecorded agreement: (1)terminates by its terms and is of no further force and effect on January 1, 2010; or(2)or is subject to termination by written agreement entered into by any two members of the group consisting of Shirley Ann lionstein,Lois Jean White and Lyle Edward Honstein; with all its appurtenances free and clear of liens and encumbrances, except: general taxes for the year 2004 which Grantee a:sumes and agrees to pay, easements and rights of way in place or of record and protective covenants o'record. Signed this day of November, 2004. 5yt (?M4J ' rt CK Shirley Ann onstein Leis Jean White STATE OF COLORADO ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this // day of November,2004,by Shirley Ann Honstein and Lois Jean White. n Witness my hand and official seal, r 27 / ,. � ,. My commission expires: //--Q '0 l 2,r; .dd iNvo `, l otaryPublic ' � " `� Return To: March,Oliva i Pharr", LLC 110 E. QYt,Ft.Collin,CO 80524 SKLD LC SKL] 0422 WE 3239240-2004 . 001 11111 11111 DIE 111111 !1 111111111 Inn IIII IIII ! 3667469 12/29/2009 02:11P Weld County, CD 1 of 1 R 6.00 D 0.00 Steve Moreno Clerk & Recorder 469 BARGAIN AND SALE DEED Lyle E.Honstein ("Grantor"), for the consideration of Ten Dollars (S 10.00) and other valuable considerations,in hand paid, hereby sells and conveys to Lyle E. Honstein and R Dianne Honstein as joint tenants with the right of survivorship ("Grantee"), whose address is 1135 D Big Thompson Canyon, Loveland, CO 80538-9704, the following real property in the County of Weld, State of Colorado, to wit: All that pad of Section 19, in Township 7 North, Range 66 West of the 6t°P.M., Weld County, Colorado, described as follows: Commencing at the ''A corner on the West line of said Section 19; running thence North along the West line of said Section 19, 870.2 feet; thence by true bearings (magnetic variation 14°30' East) South 53° 13' East 140.2 feet; South 40° 45' East 107.7 feet; South 29° 10' East 238.0 feet; South 18° 10' East 90.9 feet; South 9° 52' East 132.2 feet; South 12° 15' West 111.0 feet; South 33° 47' West 203.7 feet to a point on the East and West'''A section line of said Section; thence West along said ''A section line 245.2 feet to place of beginning also The NE 'A of Section 24, in Township 7 North of Range 67 West of the 6'i P.M., Weld County, Colorado; Excepting therefrom Rights of Way as conveyed by Deeds recorded in Book 76, page 523, Book 163,Page 157 and Book 163,page 185, Weld County Records.and also excepting therefrom Parcels of land as conveyed to John Riley and Michel Riley by Deed recorded in Book 211,page 553 and to James A. Tweed,by deed recorded in Book 280, page 77, Weld County Records; together with 1 share of the capital stock of Water Supply & Storage Co.represented by stock certificate number 5130 and 50 units of the Northern Colorado Water Conservancy District; subject to that unrecorded agreement dated November 11, 2004, which unrecorded agreement: (1) terminates by its terms and is of no further force and effect on January 1,2010; or(2) or is subject to termination by written agreement entered into by any two members of the group consisting of Shirley Ann Honstein, Lois Jean White and Lyle Edward Honstein; with all its appurtenances free and clear of liens and encumbrances, except: general taxes for the year which Grantee assumes and agrees to pay, and easements and rights of way in place or of record. with all its appurtenances free and clear of liens and encumbrances, except: general taxes for the year 2005 which Grantee assumes and agrees to pay, easements and rights of way in place or of record and protective covenants of record. Signed this Z , day of March, 2006. E'Aj72J�L.`-t4vt ci Lyle Edward Honstein 0,t SHALL „OR.COLORADO fc,..```` •, S I. f/,0�i�iA ) ss. ti : -DA;7 \ 6 : rn J � f tegoirt iastmment was acknowledged before me this JO? of March, 2006, by L e Edward Honstein. riot '•, v% —CWi`eis)my hand and official sea p� � J 0 1 R�00 �jy commission expires: � �'.'�..t.nuutt"' otary Public ::::::::RS ,� NORTH WELD CIANTY WATER DISTRICT Oi t\\ 33247 HIGHWAY • LUCERNE, CO 80646 RALPH PRIOR Z / (\ DON POSSELT, DISTRICT MANAGER JOHN JOHNSON f- CE BUCK RINEHART C. P.O. BOX 56 • PHONE (970) 356-3020 • FAX (970) 395-0997 NELS NELSON � y-7 'VAT1 R www.nwcwd.org • e-mail: water@nwcwd.org October 24, 2008 Lyle E. Honstein 155 Wild Briar Lane Loveland, CO 80538 970.667.3239 This letter is in response to your inquiry regarding water service to the following described property, Approx. 11668 WCR 80, Proposed Lot A; and Approx. 116680 WCR 80, Proposed Lot B, in a portion of Section 24, T7N, R67W of the 6th Prime Meridian. Parcel 070524100035 1. Water Service is presently being provided to the above mentioned property through meter#191,located at 11668 WCR 80 also known as Proposed Lot A, 2. North Weld County Water District is able and intends to provide water service to the above-mentioned property, provided all requirements of the District are satisfied. If contracts have not been completed with North Weld County Water District within one year from the date of this letter, the District may refuse to supply water to the above-mentioned property. The District reserves this right to refuse service, in the event that raw water is unavailable, and /or pipeline or Filter Plant capacity is not capable to provide additional service. Before a water tap may be purchased, the applicant must provide a copy of a Warranty Deed, a Physical Address, and this letter. 3. As additional consideration for this Letter of Intent to provide service, Property Owner agrees to sign and execute any necessary Easements and Rights-of-Way regarding specific locations,widths, size of pipeline(s) and descriptions for Water Lines as determined by the District. This Agreement is conditional upon execution and recording of the Easement and Right-of-Way Agreement, and until such Easement and Right-of-Way Agreement is finalized to the satisfaction of the District and recorded, District shall not be required to provide any services of any type. 4. The District requests that for any County Process, including but not limited to a Recorded Exemption (RE), Subdivision Exemption (SE), Use by Special Review(USR), Planned Unit Development(PUD), Minor Subdivision or Off-Site Construction Plans within Weld or Larimer County that the respective County place North Weld County Water District on the referral list. Furthermore, the District requests that the applicant submit the plat to North Weld County Water District for review prior to submitting the plat to the County for filing. The District may need additional waterline easement(s)or waterline improvements to provide service to the parcels being created or modified. If the plat is recorded without District approval, additional easements may have to be recorded and/or additional waterline improvements will need to be constructed in order to maintain or establish new water service(s). 5. The District recommends that based on the number of family members and livestock along with other information provided in the Water Tap Request Form, your irrigated landscaping square footage not exceed approx. 6,000 square feet. The recommendation is based on the Full Standard Tap allocation and should be utilized to optimize delivery without surcharge. Additional allocation should be purchased for landscaping areas larger than the recommended area. 6. The District recommends that anticipated raw water be purchased through the District. The District guarantees treatment and delivery of raw water purchased. All water that is delivered over the allocation (with surcharge) is subject to water availability. Water purchased through the District shall be 70% delivery of an Acre-Foot of water, if the allotment for Colorado-Big Thompson (CBT) project water,which is determined by the Northern Colorado Water Conservancy District,is 50%or greater. North Weld County Water District will restrict the delivery as necessary when the CBT allotment is less than 50%. A portion of the Raw Water Fee is utilized by the District to construct storage reservoirs. 7. Tap Options and Requirements A. The District offers a Full Standard Tap option for those landowners with lot sizes greater than 0.33 Acres(14,500 sq ft). This option allows the tap to utilize 228,000 gallons of water and plant investment capacity during a water year for delivery without surcharge. B. For landowners with lot sizes greater than 0.20 acres (8,800 sq ft) but less than 0.33 Acres (14,500 sq ft)OR those landowners with verifiable irrigation rights or well permits for outside water use,the District offers a 75%Tap option. This tap provides the landowner with 171,000 gallons of Water and Plant Investment capacity during a water year for delivery without surcharge. The fees are 75%of the Full Standard Tap Fees. C. The District offers a third option for those landowners with lots less than .2 acres (8,800 sq ft) or with a Board Approved Irrigation System or Board Approved Commercial Enterprise. This tap allows the landowner to utilize 50%of the Full Standard Tap or 114,000 gallons per water year for delivery without surcharge. The fees for this option are 50% of the Full Standard Tap Fees. Refer to the following page for a break down of the Districts' Tap Fees, Usage Rates, and Surcharge Rates. Sincerely, Alan Overton North Weld County Water District N'.ALegal DocwnentsVLever of IntentA2008\rlonsteint.ytc(I 0-24-08).doc I oft • BOAkD OF DIRECTORS NORTH WELD•UNTY WATER DISTRICT CHARLES ACHZIGER olie700/ \„ tc 33247 HIGHWAY 85 • LUCERNE, CO 80646 RALPH PRIOR ,�' JOHN JOHNSON I_ DON POSSELT, DISTRICT MANAGER CE BUCK RINEHART P.O. BOX 56 PHONE (970) 356-3020 FAX (970) 395-0997 NELS NELSON -2 www.nwcwd.org • e-mail: water@nwcwd.org October 24, 2008 The Tap Fees quoted below, shall be valid for ten (10)business days from the date the applicant receives this letter and the tap fees must be paid within the ten (10) business days to receive the fees as quoted below. The Meter Set Fee as stated below is valid only for the location shown on the attached map. After ten(10)business days,the costs will be subject to the then in effect rates(current cost)established by the District. The District is not responsible for notifying individuals,banks,lenders,prospective buyers,real estate agents or anyone else,in any manner,of a change of rates and or fees. TAP FEES INSTALLATION COST Raw Water for One Acre-Foot Unit(AFU) $9,500 _ Meter Set Fee _ Storage Fee Portion of Raw Water Fee $1,000 $1,050 Base Portion of Plant Investment Fee _ $7,500 Distance Portion of Plant Investment Fee $1,200 (4 miles) TOTAL Up-Front COSTS For STANDARD TAP (See $20,250.00 Paragraph 5 for Options) PER TAP --- ----- --- Price is valid for ten(10 business days from receiving_this letter. Minimum Pressure 35 psi Normal Pressure Range _ 80 si to 145 si Maximum Pressure 145 psi After the water tap has been purchased (Raw Water AFU & Plant Investment Fee)the applicant has one year in which to have the meter set. The District requires 45 days prior notice to setting a meter. If the meter has not been set within twelve months from the purchase date and the applicant requests to relinquish the meter,the District shall refund the applicant 98%of the purchase price paid by applicant. If the meter remains unset for thirteen to eighteen months after the initial purchase date and the applicant requests to relinquish the meter,the District shall refund the applicant 90%of the purchase price paid by applicant. If the applicant does not choose to relinquish the meter within one year of the applicant purchasing the meter and the meter remains unset,the account will begin billing the minimum monthly amount. Usage Rates and Fees Usage Amount Charge or Rate Per Month 0 to 10,000 gallons $27.00 Minimum 10,000 gallons and up $2.70 per 1,000 gallons Water Surcharge Surcharge will be assessed when an account's year to date usage exceeds the annual water allotment. Currently the surcharge is $0.10 per 1,000 gallons in addition to the standard monthly usage fee. This fee is to recover the District's cost to obtain additional water rights for delivery. Rate Differential Charge North Weld County Water District's customers have the option of transferring Colorado Big Thompson (CBT) Project Water that they own or control to the District, on an annual basis. This water is utilized to increase the amount of raw water allocated to a tap. The District will treat and deliver this water without water surcharge. A Rate Differential charge of$24.00 per acre-foot will be assessed on all of these transfers. Plant Investment Surcharge Surcharge will be assessed when an account's year to date usage exceeds the Plant Investment Allotment. The transfer of additional water will not remove this charge. Additional Plant Investment Units must be purchased to increase the allotment and reduce the Plant Investment Surcharges. These rates are in addition to the standard monthly usage fee. 0 to 456,000 gallons above the Plant Investment Allotment $3.50 per 1,000 gallons More than 456,000 gallons above the Plant Investment Allotment $1.75 per 1,000 gallons Allocation Table Full Standard Tap Water Allocation: 228,000 gallons Plant Investment Allocation: 228,000 gallons 75% Tap Option Water Allocation: 171,000 gallons Plant Investment Allocation: 171,000 gallons 50% Tap Option Water Allocation: 114,000 gallons Plant Investment Allocation: 114,000 gallons A tap may be allotted more than 1 unit of Water and/or Plant Investment. In this case the allotment is the class X 228,000 gallons= Annual Allocation jeg. Water Allocation 5 x 228,000 = 1,140,000 gallons Annual Allocation) N'.AI-egal DocumentsV Letter of Intent'2008\HonsteinLyle(10-24-08).doe 2 of 2 a!alsuol •3 ai:t1 ,: ‘0 = T l J , alli Z 0 I"X. 'ft) 7. 7.,' '7'' 1-0* IS9 9041' H ,-ra •• z 3 8 0 ti •• .t -• _ r: rl � _ ' _/ • yi$ y' t p.,1 f l•. 1. .r. • r t f • '1 'ifs t, 4141•4171:-/i) rMJaJ�r�j { tt <� • • ‘;''.7‘.:),if . 7• i , . .�,.lt 1. ' x :.`T ✓ tit t 7- •i .. {f�< Y.' tilt l 1,:&:,-,-;',4 �. rt• • ,i ! 1 r is „j •r 'V, }rJ a S .+ fr't >< : '1 - F:: $ ,, - V� 1;-:1-:--I-:1--:.... 1, . � tj' y ' • � 1 •/�• ' �,� �,. e r'a M.� • 1.. AftI(l I ,.'• .,� .• . •« 1 1 •' •• • - ' r '�If f : •f .4'...,,",. .1:.i.".',1:-.97; )'< l Ca l iyr y' C �• 7 ' . Irk • 1 ' • • ,ttpoitt. , c' ' • .• ..• : -, , . . _ . .. . G . 4• > I 3 • ' ti Pr 1..- l • i I � ..114....C44 5 - r•. ' ;''� �+ � LCyAIhI .91.••V4 s 1 I.21_26-14014‘ - II 1. . 44-.\..C..- �V 11.1• . h,bdC' .:i,^Ll lig. -' I tl•7•Yi�Y��Y ),j:l„ ,..$ 1� 1 ,. , • tom_ ! L. _ • ..v. ._ i tlr 1F ti IV� 1• , (f�, 14,'• ut ,�.1-�- �: - __- t - `r f: f(ft:l'j 1 Mfr,7:I. rJ� f] r 2 �i. r - Z ;1 l ,.,� 1 - I, •'. d •1+et4 s `,r f, •) A•� I,��1 f r y1.,+i`''tt �' .. ,� f y 1 .� V Kati a .l / t c• :z,i 1• -, • ,Qy.,,t, .. '1 r 1 t: 1`f }' y• S4tr ° 1 7,1 ,,Q f, 1' '.ESs t, , O .: r♦ � - t++Y.'}} '.1 c- J.: -••� -1 t • 1• r .,- • l r,: r� \�i ..,u• r ' {a T�1.1 '1ak.4- 1,•• aril J -, • >r :l•1 1 (.� t .� • !',• • �,{.t ♦l ill .J: Ir Y or1 '! • •`f - . I:SSL♦',♦ : j�; .I....yrrZy • �' 1$.,:•,3t N(:il' ,1' ,c �• i ,...,•`- �' 'J .1' f>- - { •l- a?is t co : ] ' H• fir• ` ',' ' 'r� .f " o I(•1 I iii •• j . j ; , : r -t r _ j ►sir i a cnx }, o a s a L ; O a \ ail • C Y. < VOJ O11 t l f••Ill tt♦' ,r;V : l•^--�. ._.�•1. , b El 1 • - ti� I � a- O i ••r• ' j1 C' ,r � •_ ' fir! (_,1 t Y9 ,.- ,� Cam,° ' -i _�.',- .'\ .. Alitt..4;:., it ill 1 ' 1 .t_,• • ,ter. ® 3 - CD a� Q co ,; ,`8`8,, I!y, , "zt � h l r __ .+'�w�.•.rl 1 U L N 1 ~' •1 I i� ;4 lI. ya ^v l a } •r 1 I. 1 — i . O co �+ nHT w ] 7 ' > Q) • L r et.r 54,4 % �4 I. i1• a• • (� �O Q *fa ail - 6 I I • > I •i` [� r 1 1 1 . 1 '• rn p ,�, .: Ito �k / ''r 6 1•• ' ' -. t x :r (0 r J --:ti v- " r c ' Ig1 I w) r lI - �, a n. ?t 1 FY �r i , { k Cn w 1 fir,': ,,a • rr �" • R I! O -.INS ✓1l u��yy ♦ .5 \144i.144. -.%�f �o q, •r 1 1 a4 `, _ '1 JS1 . ! V . .. j O Q 'S•'• f 4;21' �;�icti'� � �t(t- ,. f t' �� Yt 1 y 1�y • i { .4,•••••:.• • I .a .. ' . . . j `` r I . . I JzrRl , 11.1. . / _ �y'l'1[1:'• ` - tri ` _ �, r 0 • utaisuoH •a aiiii J _:;� rt i i V _ • = c ^ � :�q pano.tdd�r MalA IIEIaQ • . o - e _ _ ° . +V .,� - - o .3 3 z N v a l.f , ,- 1" - - - - •• ';• I - { . - -.I I. wee .'tr-i fix' • i L t - :.f f, q �•.I a) i u" ) {4 tql*FL _ O O t .v O L r. 4 s M h i• : - ` -r f Yr1• 1 jj •a ' E .4 1 - - n �•. � _ tie, y , ; }?� r, `t,'- ` .:) i' 1 :, 1' y ,4411+ (Q/�� t 11 s > L 2r I ♦'�•' ' `V -.'- I I . 1 l ..„n-1 r' 1'Y i ••• I I. w jai R tt 4 Y ,0a, • �r S'�•T I i S Il lc ylr -FF,'Q 4. f' V II i �'yy'q�•'- • t.it.' -•'= a L ,• 4 Sae ' t 4 1 N.. • ^L "� 1 1 S ry. d� n t '•l yi ,i' • h{F1 x L • rte. ; P. I 1,♦ ' .� •• i • f?4 . � • , lilt 1 • I. +fit, .r t .•s • j '- ` ' , y≥►' s‘I':, fin, 4.--• - f p re i { •0 ,1 's:4-.14 ` r�$ ♦ try -- ^' A, �. �.- •. - 1 ,« -:r . 1 • / 1 ! y • am'' r�f11 .> 14.•1-" ., - a) W ww �.-t, a O• - . I _ O ' C J ' re - r. 41 4:k •I<' V C 11 Q) w O Q U >4 ice'° 1 �ID ..rijrn Tti� Y'• ��77�� V� �5/��-jrl�l 17 e r 'v ci L.LJ CV -x, • CO ` O 1 , t. _.' a y O k ; - _ tt ' y 1 In i • t ':.. Yi t irP 1 + l a./ 0 al el • WELD COUNTY DEPARTMENT OF PUI, SOE# 036(O39 HEALTH AND ENVIRONMENT ORG PERMIT# 1555 N. 177H AVENUE REPAIR# GREELEY, COLORADO 80631 LOAN# PHONE: (970) 304-6415 ISDS# 03(p/r) AdiffC FAX: (970) 304-6411 COLORADO STATEMENT OF EXISTING FOR SEPTIC SYSTEM me" (PLEASE FILL OUT IN BLACK INK ONLY) PARCEL NO. 010 62.y coop IL8 PROPERTY OWNER Lye E. {-i-Uns-�e_1n PHONE NO. ()7n 1 /nln7- 3.2-3 cy MAILING ADDRESS 1135 IhoPitsoc Can )bn , Lo0ef0_4d (lb Ka 63g City State Zip DESCRIPTION OF BUILDING (a. house, mobile/modular home, shop,office) I-4 0 t-t.S C. ( C,L,14- M 1 FS SITE/LOCATION ADDRESS I l tsb W GtL 0 , red-on Cl Cr) 7 ei(1 I City State Zip LEGAL DESCRIPTION PT NE'/q PT SECTION 2'-_ TOWNSHIP 1 RANGE U7 SUBDIVISION LOT C BLOCK FILING CENCUS TRACT LOT SIZE/ACRES 3 COMMERCIAL YES/NO ) RESIDENTIAL YE /NO NUMBER OF PERSON rj BASEMENT PL• 1:ING YES 6i0 BEDROOMS ,3 BATHROOMS- FULL_1 3/4 112 WATER SUPPLY-PUBLIC YE /NO NAME�I or-f-h Y�)e id CDC wn� Lk)0,44_a,� r PRIVATE YES 0 WELL WE CISTERN YES WELL/CISTERN# SYSTEM SIZE: Septic tank material is constructed of b C L.K and haO,900 gallons capacity. FIELD: Trench square feet or Bed 3 D O square feet YEAR INSTALLED un Kr1& -C< You are required to draw a diagram of the system on the reverse side of this form in black ink only and indicate location, length, width, and distance from the dwelling. The undersigned property owner hereby certifies that the above described septic system is in fact installed, as described, and exists at this time on the parcel of ground identified by the above legal description and further stat that the system is/is not in good working order and to the best of his/her knowledge is/is not failing to function pro I further understand that any falsification or misrepresentation may result in revocation of any permit granted b; upon this information hereby submitted and in legal action or perjury as provided by law. /' . 7p t.DATE 7NER SIGNAJUFVE Subscribed ad swo to before me this 9 day of nog l � 4 , 20; � , By \I( ( I l u n �U ) �J W d0 ntj apd official seal. ` [ omru}ss„ion e s I(!` JS_•I�(� DATE NOTARY PUBLI ,+ STATEMENT OF EXISTING INSPECTED &REVIEWED B ��.tii 2.3 t EN✓✓�� ONMENTAL HEALTH SPECIALIST Di '4%.41141N INCH, A I � I 1 2}s- a v` <- `^ N W Lyle E. and R. Dianne Honstein 155 Wild Briar Lane Loveland, CO 80643 970-667-3239 February 26, 2010 City of Thornton do Robert A & Jane B Rundle Rt 2 Box 119 Eaton, CO 80615 Dear Mr. & Mrs. Rundle: This letter is to notify all property owners adjacent to the Weld County section line right- of-way that we are requesting a Recorded Exemption for our parcel number 070524100035, located in Section 24, Township 7 North, Range 67 West of the 6th P.M. Weld County. When that is granted, an access road may be built within the right-of-way to access the existing farm. The current plan for this parcel is that it will continue to be farmed but the creation of a new parcel would allow for an additional residence in the future. The reason for this notification is that the farm and/or residence may utilize the County section line right-of-way (WCR 25), and Weld County Public Works requires that all adjacent landowners be notified. Please acknowledge that you have been notified of the potential residential/agricultural use and plans for the land by signing and returning this letter. I have included a self- addressed, stamped envelope for your convenience. Your signature on the certified mail receipt will also acknowledge notification. Sincerely, Acknowledgment of Notification: By (authorized signature) (print name and title) pc: RE- WCR file M'.\PLANNING-DEVELOPMENT REVIEW\Correspondence\LetterToLandowners.doc 5 a 6 I tl .Y ni w W r a E a v z.o, etc Z� X J_c m /rem .10 3 W5/8 jte o , W S3 J ° N � (// X P6 O N J (7.!, C�1 • u°q.y/ ./ R aa> O ^ a J t 2 SC a,c FAA F m a_caj m co u±S5g A,' 3_2222 • 41 u 00090 0 J { � F ji ; 2 r NNNN € 177 9 E i ' f o .. .4 g g Y y S 8 gl o E .13 • • SECTION LINE RIGHT-OF-WAY HISTORY During the latter part of the 1800's,the Federal Government was seeking to populate the great expanse of the American West. To do so, they commissioned surveyors to survey, layout townships and subdivide those townships into sections, so that a single tract of land as small as 40 acres could be easily described and located. They encouraged Railroads to build mainline and spur tracks to make it easier for immigrants to travel to this open area.Population grew as more people took advantage of homesteading and land ownership. For a settler to be able to acquire property through the Homestead Act, a parcel was located that would meet the settlers needs and a claim was filed on that property with the Regional Land Office. The homesteader then would set out to "prove up"the claim.In some instances this could mean planting one acre of trees for each 80 acres being claimed,or it may mean building a house,or tilling the soil or building fences. It may have been as simple, or as difficult,as just occupying the property for a certain period of years.When the requirements were met,the claim was"proved up" and the settler would request a PATENT from the Federal Government, giving ownership to the claim.Patents are considered as the original deed of ownership and were provided as early as the 1860's and as late as the 1930's.The smallest patent claim was generally 4O acres ana could be as large as 640 acres. The Federal Government realized the necessity of have a road or a right-of-way system in piateforland owunrs lo-be able to move their products and goods to town without trespassing on other property. So,on October 12, 1889,through the Federal government, the Board of County Commissioners of Weld County passed an order declaring"ALL SECTION AND TOWNSHIP LINES ON THE PUBLIC DOMAIN OF THE UNITED STATES IN WELD COUNTY TO BE PUBLIC HIGHWAYS". In general, any land not yet PATENTED or land still within the public domain,granted a 60' right-of-way,30' on either side of the section or township line to Weld County for road purposes.Patented land or land outside of the public domain did not grant right-of-way by this resolution. Right-of-way from those parcels that was outside of the public domain was granted by Road Petition or by acquisition. The resolution of 1889 accounts for the formation of a majority of the right-of-way in Weld County.Research has shown that in many instances, land that is near a river or water way was typically patented before the 1889 resolution, but dry land or upland was patented after the 1889 resolution. There are numerous miles of unimproved section line right-of-way within Weld County.Even though a traveled roadway does not exist along the section line, a 60' right-of-way may exist. •. • PROEEDURE TO DETERMINE IF THERE IS A ROAD RIGHT-OF-WAY To determine if a road right-of-way exists along your section line,the first research items should be to determine the land patent date. This can be determined through the Grantor/Grantee books at the County Clerk and Recorders office or with your local Title Insurance Company. Be aware that there maybe a fee associated with research at a Title Insurance Company.If the land was not patented prior to 1889 and the land was still part of the public domain, then a 60' wide road right-of-way exists, 30' on either side of section line, whether it is improved and being used as a road or not. State Statutes allow for this right-of-way to be used not only for public roads but by public utilities for the transmission of their services. Weld County may grant a license agreement for the construction of private improvements within this right-of-way. If the land was patented prior to 1889 or if it was no longer within the public domain, as in the designated School Sections of Section 16 and 36,right-of-way was not granted by the 1889 Order.Right-,of-way would have then been either-granted by Road Petition, acquired by acquisition, dedicated by plat or document or County rights exist by prescription.Road record books are located at the GIS Department, Board oo, 1400 County W. 17th Avenue,in Greeley and will list the mad petitions the Commissioners actions resulting from the road petitions. The County Clerk and Recorders office or a local Title Insurance Company can help you determine if right-of- way has been granted by acquisition or by dedication by plat or document.If a mad exists without petition or acquisition,the County may have rights by prescription. Questions and concerns can be addressed to the Public Works Department,Right-of- Way/Surveying section at 970-356-4000 x 3750 and located at 1111 H Street,PO Box 758, Greeley, Colorado 80632 • • Order Dec1r ig all Section and Township lines on the Public Domain of the United States in Weld County, to be Public highways, etc., passed by the Board of County C=issioness October 12, 1889. • W BI S, Sedtion2477 of the Revised Salutes of the United States provides: "The fie right oT way for the construction of highways over public lands not reserved for public uses is hereby granted: and SAS,byvirme of an act of the General Assembly of the State of Colorado,entitled: "An Act to Amend Secddn 4 of Chapter 95 of the General Statutes of the State of Colorado esttitled,Roads and.Highways," approved Apt 7, 1885,it is provided, "The Commissioners of the County may at any . reo it=r nearing by an order of the Board declare any section or township line on the public domain a d public highway, and on and after die date fiurb'order, it shall be attested by the Clerk, under the seal of the County,and recorded in the omrw of the Recorder of Deeds. The road so laid out shall be a public highway,"and • . WHEREAS,the public interests r..ouin✓that there be public highwayson all sectionandtownship lines on the United States public domain,within the limits of the County of Weld. • TT IS IMRE3Y ORDERED,bythe Boardnf County Commission=of the County of Weld,that all section and township lines on the public domain of the United States,within the County of Weld and • State of Colorado, to wit In townships 7, 8, 9, 10,and 11 north in ranges 5.6,57, 58, 59, and 60 west - of the sixth principal meridian;townships 1, 2,3, 4,5, 7, 8,9, 10,and 11 north in ranges 61, 62, 63, • .64,•65, 66,and 67 west of the.sixth principal meridian; and townships 1,2, 3, and 4 north.in range 68 west of the sixth principal meridian;and in sections 19 to 36,inclusive, in township 12 north in ranges 56 to 67,inclusive,west of the sixth principal meridian, be, and the same hereby are, declared to be the,' center of public highways'or County roads,which said roads shall be and heresy are declared to be roads .60 feet wide,being 30 feet on each side of said seed= and township lines,and • BE iT FURTI-IEIt ORDERED, that a duly citified transcdpt of the Order and action of this Board concerning said public highways, duly attested by the Clerk to the Board under the seal of the County of W eid,shall be forthwith prepared and recorded in the office of the County Clerk and Recorder. of Deeds of Weld County, Coiarado,and BE IT ECRRTi-f•CR ORDERED,that the County Clerk and Record=of Weld County, Colorado, be, and he is hereby instructed when said certified order is so recorded, to prepare three certified • transcripts of such recorded order, one of which transcripts shall be maileed by.hirn, by registered letv., • to'the Honorable United States Surveyor Geeneral for the State of Colorado;another to.the Honorable Register and Receiver of the Land Office at Denver, Colorado, and another to the Honorable Commissioner of the General land Ofiirc at Washington,D.C.,and that said County Clerk and Recorder. • shall matte report of his acts and doings hereunder at the nett mwsting of this Board. On the first day of the next session of said Board of County Commissioners, to wit, on the 6th day of November,AD., 1889, the County Clerk of Weld County reported of his acts and doings under the above order to the effect that he had duly executed the order of the Board above specified in detail. • ad:'C 3C7BF0RI,SP=lEas Hello