The URL can be used to link to this page

Browse Search

Home My WebLink About20100574.tiff • RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION #4911 - EDWARD AND JANET SCHMIDT WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,the request for Recorded Exemption#4911 was submitted by Edward and Janet Schmidt, 24250 County Road 58, Greeley, Colorado 80631, for property which is located on the following described real estate, to-wit: Lot B of Corrected Recorded Exemption#4572; being part of the E1/2 NW1/4 and the NE1/4 SW1/4 of Section 18, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado being more particularly described in the plat which shall be provided by the applicant and known as Exhibit"A," said plat to be recorded, and WHEREAS, the Board of County Commissioners, pursuant to its authority under Section 30-28-101(10)(d), C.R.S., did determine at a public meeting held in the Chambers of the Board, that a certain parcel of land, to be divided into two parcels, as shown on the plat known as Recorded Exemption #4911, does not come within the purview of the definition of the terms "subdivision" and "subdivided land," and WHEREAS,this request is to divide the property into parcels estimated to be approximately 51.677 acres and 23.110 acres. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado,that the hereinabove described parcel of land be, and hereby is,exempt from the definition of the terms "subdivision" and "subdivided land." BE IT FURTHER RESOLVED by the Board that the application of Edward and Janet Schmidt for Recorded Exemption #4911 be, and hereby is, approved subject to the following conditions: 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) Regulations. 2. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 0963-18-2 RE-4911. B. Lot A shall use the existing residential access point, as no additional accesses shall be granted. 2010-0574 L ,,L Re4911 RE#4911 - EDWARD AND JANET SCHMIDT PAGE 2 C. The applicant shall address the requirements of the Department of Public Works, as stated in the referral dated March 17, 2010, in regards to the access for Lot B of this Recorded Exemption. D. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access. 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, the Department of Public Works shall be contacted, to adequately size the culvert. E. County Road 49.5 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full buildout. The applicant shall verify, and delineate on the plat, the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. F. County Road 58 is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full buildout. There is presently 60 feet of right-of-way. An additional 10 feet shall be delineated on the plat as future County Road 58 right-of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify, and delineate on the plat,the existing right-of-way and the documents creating the right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. G. The applicant shall address the requirements and concerns of the Department of Building Inspection, as stated in the referral response dated April 1, 2009. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. H. The applicant shall attempt to address the requirements and concerns of the Central Weld County Water District, as stated in the referral response dated April 10, 2009. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. The applicant shall address the requirements of Weld County School District RE-7, as stated in the referral response dated April 6, 2009. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. J. 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. 2010-0574 Re4911 • • RE#4911 - EDWARD AND JANET SCHMIDT PAGE 3 K. The applicant shall submit a written request to vacate USR-1325, for two single-family homes on the property,to the Department of Planning Services. The second home was broken off through Corrected RE-4572 on March 7, 2007. The letter shall be signed by both Edward and Douglas Schmidt, and approved by the Board of County Commissioners. L. The following notes shall be placed on the plat: 1) All proposed or existing structures will meet the minimum setback and offset requirements for the Zone District in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure, as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M, and R in Section 302.1 of the 2006 International Building Code, shall be constructed within a 200-foot radius of any tank battery, or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery, or 150-foot radius of any wellhead, shall require a variance from the terms of Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on the site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption, in accordance with Section 24-8-20.C.1 of the Weld County Code. 4) 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 permits, the applicant shall submit evidence of approval from the Platte Valley Fire Protection District to the Weld County Department of Building Inspection. 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 which meet the definition of an Agricultural Exempt Building, per the requirements of Sections 29-1-20 and 29-3- 2010-0574 Re4911 • • RE #4911 - EDWARD AND JANET SCHMIDT PAGE 4 20.B.13 of the Weld County Code, do not need building permits; however, a Certificate of Compliance must be filed with the Department of Planning Services, and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 9) Effective January 1, 2003, building permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. 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 Programs. 11) Prior to the release of building permits, 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) The property owner acknowledges that mineral owners and lessees have real property interests which entitle them to surface use in accordance with Colorado State Statutes and applicable Colorado Oil and Gas Conservation Commission regulations. 13) The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the Weld County Code, shall be placed on the plat. 3. 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 the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 4. In accordance with Weld County Code Ordinance#2005-7, approved June 1,2005, should the plat not be recorded within the required sixty (60) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge may be added for each additional three (3) month period. 2010-0574 Re4911 , RE #4911 - EDWARD AND JANET SCHMIDT PAGE 5 5. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable CAD formats are.dwg, .dxf,and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase(MDB). The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of March, A.D., 2010. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ,• ATTEST: � %;I' ; �. �� r,�� veTc Douglasfademach r, Chair Weld County Clerk to the -r arbara Kirkmeyer,4,(A21A1 -Tem BY: Deputy Clerk to the Boa u v�� _p Sean P. Cqnvylz RO DAS M: , VIf Liam Garcia my A orne �, EcinH David Long Date of signature: -3/-2Wal 2010-0574 Re4911 • • 4asti4n. WI C DEPARTMENT OF PLANNING SERVICES O RECORDED EXEMPTION COLORADO ADMINISTRATIVE REVIEW PLANNER: Jacqueline Hatch-Drouillard/Chris Gathman HEARING DATE(S): June 15, 2009 March 17, 2010 CASE NUMBER: RE-4911 APPLICANT: Edward and Janet Schmidt ADDRESS: 24250 County Road 58, Greeley CO 80631 REQUEST: Two Lot Recorded Exemption LEGAL DESCRIPTION: Lot B Corrected RE-4572 being part of E2 NW4 & NE4 SW4 of Section 18, T5N, R64W of the 6th P.M., Weld County, CO PARCEL NUMBER: 0963 18 200008 PARCEL SIZE: 76.6 ZONE DISTRICT: Agricultural WATER SOURCE: Central Weld County Water District SEWER SOURCE: Septic system The Department of Planning Services staff has reviewed this request and recommends that this request be denied for the following reasons: 1. It is the opinion of the Department of Planning Services staff that the applicant has not shown compliance with the following criteria as listed in Section 24-8-20.C.1 of the Weld County Code: A. Section 24-8-20.C.1 states when a contiguous ownership equals at least one hundred sixty (160) acres, or is a parcel otherwise recognized as a complete quarter section, a portion of the parcel equal to the minimum buildable lot size (eighty [80] acres, or a parcel otherwise recognized as half of a quarter section) may be used in the two-lot recorded exemption application. When a contiguous ownership equals two (2) or more parcels created prior to the initiation of subdivision regulations, a single parcel may be used in the two-lot recorded exemption application. Lot B of a two-lot recorded exemption is eligible for future land exemption five (5)years from the date of recording the exemption plat, in accordance with Section 24-8-40.M. B. Section 24-8-40.M states After March 1, 2004, the proposed recorded exemption is eligible for land exemption if it is not part of: 1. The largest lot of a recorded exemption which was recorded within the last five (5)years. 2. The largest lot of a recorded exemption which was done in conjunction with a subdivision exemption which was recorded within the last five (5) years. The property in question is Lot B of Corrected RE-4572. RE-4572 was recorded on March 7, 2007 reception number 3460515 and the Corrected RE-4572 was recorded on May 11, 2007 reception number 3475373. Per Section 24-8-40.C.1 and Section 24-8-40.M Lot B would not be eligible to divide through the Recorded Exemption process until March 7, 2012. 2010-0574 'The applicants are requesting to divide Lot B at this time to create two lots. Lot B would have a single family dwelling and outbuildings on approximately 41.7 acres. Lot A is proposed to be developed as recharge ponds for the purpose of well augmentation plans by the Lower Latham Reservoir Company on approximately 34.9 acres. The recharge ponds are expected to cover less than 25 acres. Several recharge ponds of about 3-5 acres each will be constructed by excavating the top 5-feet of soils surrounded by a short berm to act as a perimeter barrier. Should the Board of County Commissioners approve this request, the Department of Planning Services staff recommends the following conditions be attached: 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. A. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. B. Prior to recording the plat: a. The plat shall be titled: Recorded Exemption No. 0963-18-2 RE-4912 b. Lot A shall use the existing residential access point as no additional accesses shall be granted. c. The applicant shall address the requirements of the Department of Public Works as stated in their referral dated March 17, 2010 in regards to the access point for Lot B of this recorded exemption. d. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld 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. e. County Road 49.5 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full build out. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. f. County Road 58 is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. An additional 10 feet shall be delineated on the plat as future County Road 59 right-of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. g. The applicant shall address the requirements (concerns) of Department of Building Inspection, as stated in the referral response dated April 1, 2009. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. h. The applicant shall attempt to address the requirements (concerns) of Central Weld County Water District, as stated in the referral response dated April 10, 2009. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. i. The applicant shall address the requirements of Weld County School District RE-7 as stated in the referral response dated April 6, 2009. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. j. 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. k. The applicant shall submit in writing to the Department of Planning Services a request to vacate USR-1325 for two single family homes on the property. The second home was broken off through Corrected RE- 4572 on March 7, 2007. The letter shall be signed by both Edward and Douglas Schmidt and approved by the Board of County Commissioners. I. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius 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 Platte Valley 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, 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) The property owner acknowledges that mineral owners and lessees have real property interests that entitle them to surface use in accordance with Colorado State Statutes and applicable Colorado oil and Gas Conservation Commission regulations. 13) 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 3. 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 of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. 4. 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. 5. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsco.weld.co.us. 6. 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. a „we Lief) l Plat Checklist POC Planner Item Comments Check Check Proper size and material 24" x 36" or 18" x 24" /Minimum 3 millimeter polyester sheet W. Lettering No stick-on lettering / Minimum 8 pt. lettering Boundaries of Lots Scale Suitable Scale?(I"=200'or I"=100') Accesses indicated Shared Access? If so, is easement Certificate included? Csj>0) 64111 Roads labeled, including Wig R.O.W a Building Envelope(s) NIA Alf- Vicinity Map Suitable Scale?(Minimum 1" =2000') t MA • North Arrow ....... ,to,,t, Legal Description fi/ Notes from Planner/ 4/ Development Standards Conditions of Approval Ca ?L k. IIAANYNIS a flitais , f at+nenx. WELD wpm?. 0 Owner's Certificate Notarial Certificate included?All owners must sign the plat, _ / check the deed. V Surveyor's Certificate and All surveyed plats Surveyor's Stamp Note: USR plats do not need to be surveyed v Director of Planning Notarial Certificate included?(RE, SE, SPR, Final PUD if Staff 064 011 Certificate Approved) Planning Commission (USR, COZ, Minor Sub. Final) Certificate Board Certificate (USR, COZ„ Minor Sub Final) a (Final PUD, RE, SE&ZPMH if Board approved) Typical Road Cross Section (COZ, Final Minor Sub. and Final PUD) 141h Easements NIA mud Please return the plat to the CAD Technician within 24 hours of receiving the plat. I„„tt,Planner on Call: (Initials) Planner Signature: Date: 'iewSD 4/11W w i WELD COUNTY,COLORADO DEPARTMENT OF PLANNING SERVICES 918 10T"STREET GREELEY, CO 80631 PHONE:970-353-6100,EXT.3540/FAX: 970-304-6498 DateL J'_.. / Y Receipt No, 14 977 . r • Received From: .' / ti (1_1 , /J 1 / 11 1 '/t/t - Permit Type No. Description Fee 4221-RE/SE ) -_) /(( .( ,C 4221-ZPMH rr 4221-U SR 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 1 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC. , ^'^'ASH ..CHECK"!!?. i ; TOTAL FEE ; ] Receipted By/ Ji (i. J1 1 j DL# /I( / "L--/ Exp. j 3 i 1 A � S Chris Gathman From: Chris Gathman Sent: Wednesday, February 24, 2010 10:00 AM To: Donald Carroll; Don Dunker; Heidi Hansen Subject: RE-4911 (Schmidt) -revised map Attachments: 062409441.jpg; 062409437.jpg; 062409438.jpg; 062409439.jpg; 062409440.jpg I have an updated map provided to me from the applicant. This was originally Jacqueline's case and has been on hold for a while. This case requires a meeting before the Board of County Commissioners (the applicants are proposing to divide the lot prior to the 5-year eligibility date) . I am looking to schedule this case for the Board of County Commissioners in the 2nd or possibly 3rd week of March. The applicant is planning to close on this property in early April. The applicant has provided an update lot layout (see the color aerial map attachment) . The applicant has revised the layout of the lot and is proposing a different access location for Lot B. I wanted to get this to you for your review to see if you have any changes to your referral. Don Dunker & Matt Figgs originally reviewed this. I was not sure who would be taking this over so I sent it to all of you. I have also attached a letter from the applicant explaining the revisions, the original proposed lot layout and the original Public Works referral that was provided. Let me know if you have any questions or need anything else. Thanks, Chris Gathman Planner III Weld County Department of Planning Services 918 10th Street, Greeley, CO. 80634 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 1 i Chris Gathman From: Chris Gathman Sent: Wednesday, December 23, 2009 8:21 AM To: Don Dunker Subject: RE-4911 (updated map) -Schmidt Attachments: 062409278jpg Don, I wasn't sure if you still will be involved with this case or not. You had originally reviewed this case (it was originally Jacqueline's). Mr. Schmidt dropped off this map (see attachment) yesterday. Evidently they have come to an agreement with the ditch company on the layout of the site. Let me know if this changes your recommendation/referral or not. Or maybe you can pass this on to whomever will be taking over this case. Mr. Schmidt indicated the flagpole in the northwest corner of Lot A is to accommodate an existing well used by the ditch company. Enjoy the Holidays! Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 918 10th Street, Greeley, CO. 80634 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 1 • • (eke DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE 4209 CR LONGMONT, COC 80504 IlDjhatch@co.weId.co.us C PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 COLORADO May 27, 2009 Edward and Janet Schmidt 24250 County Road 58 Greeley CO 80631 Subject: Recorded Exemption (RE-4911) Legal Description: Lot B of Corrected RE-4572 being part of the E2NW4& NE4SW4 of Section 18, T5N, R64W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Schmidt: This letter is to inform you that the above referenced Recorded Exemption has been reviewed by the Department of Planning Services and it has been determined that the application does not meet the standards of Section 24-8-40.B.1 through 24-8-40.B.6 of the Weld County Code and the application should be reviewed by the Board of County Commissioners. This application is scheduled before the Board of County Commissioners on June 15, 2009 at 9:00 a.m. The Board of County Commissioners meet at the Centennial Center, located at 915 10th Street, on the first floor. The staff recommendation is included with this letter. Please read the Conditions of Approval carefully. At the Board of County Commissioners hearing you may be asked if you are in agreement with the conditions. If-you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. Sincerely, it:7;N\ Jacqueline H`tc -Drou lard ~� Planner DEPARTMENT OF PLANNING SERVICES a NORTH OFFICE 918 10 Street GREE LEY, CO 80631 10 PHONE: (970)REEL 00, Ex t. 3540 FAX: (970) 304-6498 COLORADO March 30, 2009 Edward &Janet Schmidt 24250 CR 58 Greeley CO 80631 Subject: RE-4911 -A Recorded Exemption located on a parcel of land described as Lot B Corrected RE- 4572; Part E2NW4&NE4SW4 of Section 18,T5N, R64W of the 6th P.M.,Weld County, Colorado. Dear Applicants: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria or if staff has concerns with the application, staff may elect to forward the application for review to the Board of County Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials to the Greeley and Kersey Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Greeley and Kersey Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Greeley at 970-350-9770 and Kersey at 970-353-1681, 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 ge Plann NJ ptktt Wi`De APPLICATION FLOW SHEET COLORADO APPLICANT: Edward Schmidt CASE #: RE-4911 REQUEST: Two-Lot Recorded Exemption LEGAL: Lot B Corrected RE-4572; Part of E2NW4 & NE4SW4 of Section 18, T5N, R64W of the 6th P.M., Weld County Colorado. LOCATION: South of and adjacent to CR 58 and west of and adjacent to CR 49.5 PARCEL ID#: 0963 18 200008 ACRES: 76.61 +/-Acres Date By Application Received Application Completed 03/30/09 KO Referrals listed 03/30/09 KR Vicinity map prepared 03/30/09 KR File assembled ��(/0� Kr, Case logged in computer Letter to applicant mailed 7 Referrals mailed Field check by DPS staff Administrative Review decision: Board of County Commissioners hearing (if applicable) Date By County Commissioners Hearing Date V�y t (� Surrounding property owners notified Mme.. 2-2, 201O - rcuctX Presentation prepared CC action: AR> v r) CC resolution received • Date By Plat recorded and filed iec. y4 /10 � t '�'J 6 lM Overlay Districts Zoning Agricultural MUD Yes No_x_ IGA Yes No_x_ Airport Yes No_x_ Geologic Yes No_x_ Flood Hazard Yes No_x_ • • RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT # /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number he? (a - - 2 - O Q - Q c) 8 (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office, or www.co.weld.co.us) • Legal Description 7 /VW V44 AJt/ri 3W 2'4 , Section /8, Township S North, Range4W est Has the property been divided from or had divided from it any other property since August 30, 1972? Yes ✓No Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes No 1! FEE OWNER(S) OF THE PROPERTY: Name: ,EdwapQ D, SjCJ/ Sit -T ,t! Sc k's r D T Work Phone# - ,21$O Home Phone#3S&-04841 Email Address eJ)t gc.:‘,...C- trio\,cot Address: c?4425 D ('H 5 S City/State/Zip Code 6-r'eeLe y Co 8'06s1 APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany all applicaptionss signed by Authorized Agent) Name: ioP�',J �C �J1<U7 J l�v✓�! �� `X/'�t7, Z O T Work Phone# 30a --2990 Home Phone# JSSo--D'l2'f Email Address Address: a{I-7 5 e!E' _5-8 City/State/Zip Code tree-.ey Co &C & 31 Lyt- S Lo Lot C Lot D Smaller Parcel A Water Source C WC. t.oj 11/14 Type of Sewer � t 11/4-1 Proposed Use JRe.s:c4e;✓Tn,-- ,QebticiRce 5, -/-e Acreage 013, ii & k_67,611 Existing Dwellings? If Yes, list address If Yes, list address If Yes, list address If Yes, list address below: below: below: below: J� p avo1SOC433 02- go67 GK�q,5 A11 If the property is vacant or unimproved write proposed water source and proposed sewer system for each parcel in the blanks above. For example, if a well and septic is proposed state: proposed well,proposed septic. I (We)request that the following described property be designated a Recorded Exemption by the Weld County Board of County Commissioners. I (We)hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence de must be included/� _shhowing the t signatory has to legal aut y to sign for the corporation. G < r�u.�•-o( !:" '°��v`- 3-�2 ''r<-0 5 ( . 4,c/7 J .--rl- a 7 • G'/ Signature: Owner or Authorized Agent Date Signatur . wner or Authorized Agent Date -4- RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number t) 4 G, 3 - i g' - a - O O - O 08 (12 digit number-found on Tax I.D. information,obtainable at the Weld County Assessor's Office,or vww.co.weld.co.us) Legal Description.E/ /VW V44 NE/4 SW /'t - , Section /9, Township S North, Range‘�-West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes a".--No Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes_No c FEE OWNER(S) OF THE PROPERTY: • Name: .Edu14,p0 V. &c1'/in O74 rt/-T" /t' Sch/mz D T Work Phone# Sod - .2410 Home Phone#36-G-O,1$1 Email Address Address: O24.2•C5-D C R Se City/State/Zip Code Cr-eeLey CO 8'063/ APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany all applications signed by Authorized Agent) Name: P D. &,)1491_767 Jn#ilE t &lnix.OT Work Phone# 30a-.2990 Home Phone# ..5S6)--6W241 Email Address Address: ,2e/-7SO Cie. R City/State/Zip Code tree/fy Co ?°e 3 i Lot A( Lot B Lot C Lot D Smaller Parcel Water Source Cal c. W.Q Af/A Type of Sewer SeP-T/'C. Arta Proposed Use RechnRGE Acreage 3, j10 x/,61'? Existing Dwellings? If Yes, list address If Yes, list address If Yes, list address If Yes, list address below: below: below: below: dv2So CES3 If the property is vacant or unimproved write proposed water source and proposed sewer system for each parcel in the blanks above. For example, if a well and septic is proposed state: proposed well,proposed septic. I(We)request that the following described property be designated a Recorded Exemption by the Weld County Board of County Commissioners. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included showing the signatory has to legal aut ' y to sign for the corporation. Signature: Owner or Authorized Agent Date Signatur . wner or Authorized Agent Date -4- • Recorded Exemption (RE) Questionnaire 1. Water supply statements: a. Domestic use: There are no proposed residences on the property; therefore no domestic water is necessary. b. Irrigation water: This is a dry farm, therefore no irrigation water is provided. This is a proposed recharge pond site for well augmentation. 2. Sewage disposal statement: There will be no proposed residences on the property; therefore no sewage disposal is necessary. This is a proposed recharge pond site for well augmentation. 3. Property use: Lot A of the proposed RE has one (1) single family dwelling, two (2) cow sheds and corral, one(1) hay shed, and one (1) equipment shed. Approximately 75 acres of the surrounding property is planted in native grass and is dry land. There is an oil and gas well head and tank battery located along the middle of the western property line. There is an additional well head located along the field road which dissects the property from WCR 49 %2 to the western edge of the property. The 51.677 acres surrounding Lot A of the newly proposed RE will be developed as recharge ponds for the purposes of well augmentation plans by the Lower Latham Reservoir Company. The buffer area for the newly proposed RE Lot A will remain planted in native grass. 4. Proposed lot specs and use: The new lot will be 51.677 acres in size and located west of and adjacent to WCR 49 %2 and 858.00' South of WCR 58 to the property boundaries excluding Lot A of RE 2090. It is being created to develop recharge ponds for the purpose of well augmentation by the Lower Latham Ditch Company. 5. Unique physical characteristics on the site. The Smith Lateral ditch runs along the south side of the property. A field road dissects the property from the middle of the east edge of the property(WCR 49 'h) to the middle of the west edge of the property. 6. Building envelopes: No building envelopes are requested. 7. Business or USR permits: There are no business or USR permits to be vacated. June 11, 2009 Dept of Planning Services To Whom it May Concern, As part of the conditions involved in the process of obtaining an RE on our property,we request to vacate USR-1325 for two, single family homes. The second home was broken off through a corrected RE 4572 on March 7, 2007. The proposed recorded exemption would be titled No. 0963-18-2 RE-4912 and the parcel will be used as recharge ponds for the purpose of well augmentation by the Lower Latham Reservoir Co. Thank you for your consideration on this matter. Edward Schmidt /4C45-i AE Douglas Schmidt •Weld County Treasurer• Statement of Taxes Due Account Number R4786907 Parcel 096318200008 Assessed To SCIIMIDT EDWARD D& 24250 CR 58 GREELEY,CO 80631 Legal Description Situs Address PT E2NW4/PT NE4SW4 18-5-64 LOT B CORR REC EXEMPT RE-4572 SITUS:24250 58 CR 24250 58 CR WELD 000000000 WELD 000000000 Year Charges Billed Payments Balance 2008 Tax $1,905.52 $1,905.52 $0.00 Grand Total Due as of 06/11/2009 $0.00 Tax Billed at 2008 Rates for Tax Area 0735-0735 Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 16.804000* $688.13 AG-FLOOD $33,606 $9,750 SCHOOL DIST RE7 16.317000 $668.18 IRRRIGATED LAND NORTHERN COLORADO WATER 1.000000 $40.95 AG-WASTE LAND $33 $10 (NC FARM/RANCH $256,907 $20,450 PLATTE VALLEY FIRE 2.415000 $98.89 RESIDENCE-IMPS AIMS JUNIOR COL 6.323000 $258.92 OTHER BLDGS.- $37,022 $10,740 AGRICULTURAL HIGH PLAINS LIBRARY 3.260000 $133.50 WEST GREELEY CONSERVATION 0.414000 $16.95 Total $327,568 $40,950 Taxes Billed 2008 46.533000 $1,905.52 *Credit Levy ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,REAL PROPERTY-AUGUST 1. Weld County Treasurer P.O. Box 458, Greeley CO 80632 1400 N 17th Ave,Greeley CO 80631 (970)353-3845 ext.3290 Weld County Treasurer • Prusuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence of the current status as of this date of all property taxes, special assessments and prior tax liens attached to this (these) account(s). • Current year's to es are due bet not delinquent. Signed: a 41,4 'i2 Date: , • *Weld County Treasure% Statement of Taxes Due Account Number R4786907 Parcel 096318200008 Assessed To SCHMIDT EDWARD D& 24250 CR 58 GREELEY,CO 80631 Legal Description Situs Address PT E2NW4/PT NE4SW4 18-5-64 LOT B CORR REC EXEMPT RE-4572 SITUS:24250 58 CR WELD 24250 58 CR WELD 000000000 000000000 Year Charges Billed Payments Balance 2008 Tax $1,905.52 $0.00 $1,905.52 Grand Total Due as of 03/18/2009 $1,905.52 Tax Billed at 2008 Rates for Tax Area 0735-0735 Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 16.804000* $688.13 AG-FLOOD $33,606 $9,750 SCHOOL DIST RE7 16.317000 $668.18 1RRRIGATED LAND NORTHERN COLORADO WATER 1.000000 $40.95 AG-WASTE LAND $33 $10 (NC FARM/RANCH $256,907 $20,450 PLATTE VALLEY FIRE 2.415000 $98.89 RESIDENCE-IMPS AIMS JUNIOR COL 6.323000 $258.92 OTHER BLDGS.- $37,022 $10,740 AGRICULTURAL HIGH PLAINS LIBRARY 3.260000 $133.50 WEST GREELEY CONSERVATION 0.414000 $16.95 Total S327,568 $40,950 Taxes Billed 2008 46.533000 $1,905.52 *Credit Levy ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. Weld County Treasurer P.O. Box 458, Greeley CO 80632 1400 N 17th Ave, Greeley CO 80631 (970)353-3845 ext.3290 Weld County Treasurer Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence of the status as of this date of all property taxes; special assessments and prior tax liens attached to this (these) account(s). Current year's taxes are due but not delinquent. �y / p Signed: /� �1/ti Atej0l Date: Gl��Vl 101 2669 REFERRAL LIST Name: Edward Schmidt M Ills#: RE-4911 Cdunty 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 x Greeley _Milliken F-11 _Grover _Nunn F-12 State _Hudson _Pawnee F-22 Div._ of Water Resources Johnstown _Platteville F-13 _Geological Survey _Keenesburg x Platte Valley F-14 _Department of Health x Kersey _Poudre Valley F-15 x Department of Transportation _LaSalle _Raymer F-2 _Historical Society _Lochbuie _Southeast Weld F-16 _Water Conservation Board Longmont _Union Colony F-20 Oil &Gas Conservation Commission _Mead Wiggins_ F-18 _ _Milliken _Windsor/Severance F-17 Division of Wildlife _New Raymer _South Hwy 66(Loveland) _Northglenn _North Hwy 66(Greeley) _Nunn _Division of Minerals/Geology _Pierce _Platteville Commissioner Soil Conservation Districts _Severance _ _Big Thompson/ FTC _Thornton Boulder Valley/Longmont _Windsor _Brighton/SE Weld Centennial Counties x Greeley/West Greeley _Adams _Platte Valley _Boulder West Adams _Broomfield _Little Thompson _Larimer Federal Government Agencies Other _US Army Corps of Engrs x School District RE-7 _USDA-APHIS Vet Service x CWCWD _Federal Aviation Admin (Structures x Lower Latham Reservoir over 200 ft or w/in 20000 ft of Pub Co. Airport x Smith Lateral Ditch Federal Communications Comm Company _ _Art Elmquist(MUD Area) REFERRAL LIST e Name:S( Case#: 'I"a/ County Towns &Cities Fire Districts _Attomey _Ault _Ault F-1 )( 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 _Galeton F-6 _Airport Authority Firestone _Hudson F-7 )L Building Inspection _Fort Lupton _Johnstown F-8 Code Compliance I N.-Ann_S-Beth _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 X Greeley _Nunn F-12 _Grover _Pawnee F-22 State _Hudson _Platteville F-1 3 _Div. of Water Resources _Johnstown , Platte Valley F-14 _Geological Survey Keenesburg _Poudre Valley F-15 Department of Health X, Kersey _Raymer F-2 xDepartment of Transportation LaSalle Southeast Weld F-16 _Historical Society _Lochbuie _Union Colony F-20 _Water Conservation Board _Longmont Wiggins F-16 Oil&Gas Conservation Commission _Mead _Windsor/Severance F-17 Milliken /J /7L iWilgtUtt/< Division of Wildlife New Raymer Legal}8 K, WQ_PI-6(4J4 South Hwy 66(Loveland) _Northglenn Parcel ID# (AO /d' d66,00 i _North Hwy 66 (Greeley) _Nunn Zone A�q,t_ Acres? 740- (o/ _Division of Minerals/Geology _Pierce USDA V t, _Platteville Airport ni(L Soil Conservation Districts _Severance Geo Haz MO Big Thompson/FTC _Thornton FP? Mb Panel # Boulder Valley/Longmont _Windsor GA? (\-(C) ORD# Brighton/SE Weld MUD? MU Centennial Counties xGreeley/West Greeley _Adams _Platte Valley _Boulder West Adams _Broomfield ((..,��,v, Little Thompson _Larimer _I u2a Federal Government Agencies Other v r� e ,1 Iy�G H9.5 US Army Corps of Engrs h School District RE- / / USDA-APHIS Vet Service _Central Colo.Water Conservancy Dist ✓/ _Federal Aviation Admin (Structures _RR over 200 ft or w/in 20000 ft of Pub lC Ditch CompanlS3Th rI h t_al L ' Airport _Art Elmquist(MUD Area) _Federal Communications Comm L-(-W I La cd1y- 1 arthii- CO. X OwewD. — t,&5/@ tS✓ Diat 144/ ,s Oh-6a jWh2'd - c .haiile, Commissioner '� � V Apr 11 2OO9 20: 13 H$LASERJET FAX 9653489O p. 2 Q '1�1 4iH"... :%%%?'\ Weld. County Referral March 30, 2009 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Edward Schmidt Case Number RE-4911 Please Reply By April 30, 2009 Planner Kim Ogle Project Two-Lot Recorded Exemption Lege/ Lot B Corrected RE-4572; Part E2NW4&NE4SW4 of Section 18,T5N, R84W of the 8th P.M., Weld County,Colorado. Location South of and adjacent to CR 58 and west of and adjacent to CR 49.5. For a more precise location,see legal. Parcel Number 096318 200008 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new Information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan X.We have reviewed the request end find no conflicts with our interests. O See attached letter. CI Please notify me of any public hearings regarding this request. ramment e• Li o (pfz.„.a.t.e..A,.4 • Signature f f �v / x f `1_W it ^c '� Aga"� �O�>r (/ y /-ice edv,s✓ ��y/,cj/ Date +weld County Planning Dept. +918 1106 Street Greeley,CO.80831 4(970)353.8100 ext3540 4(970)304-6498 fax Rpr 11 2009 20: 13 H•LASERJET FR% 97634890 p. 1 PLATTE VALLEY FIRE PROTECTION DISTRICT Phone: 970.353.3890 207 First Street FAL. 970.333.4 890 Kersey, CO80644 FACSIMILE TRANSMITTAL SHEET TO: FROM: Weld County Planning Dept Fire Marshal, Doug Myers COMPANY: DATE: Platte Valley Fire Protection District 4/11/2009 FAX NUMBER: TOTAL NO.OF PAGES INCLUDING COVER: 1-970-304-6498 2 RE: YOUR REFERENCE NUMBER: Edward Schmidt Case Number RE-4911 ❑ URGENT 0 FOR REVIEW 0 PLEASE COMMENT 0 PLEASE REPLY ❑ PLEASE RECYCLE NOTES/COMMENTS: Please let us know if your facility would also like a hard copy mailed to you.Thank you. Doug Myers Fire Marshal 970-353-3890 cs 207 FIRST STREET, PO BOX 016, EERSEY, CO 80644 • S Wald County Planning Ind County Referral GREELEY OFFICE O ,,�,R n97nna March 30, 2009 COLORADO RECEIVED The Weld County Department of Planning Services has received the following item for review: Applicant Edward Schmidt Case Number RE-4911 Please Reply By April 30, 2009 Planner Kim Ogle Project Two-Lot Recorded Exemption Legal Lot B Corrected RE-4572; Part E2NW4 & NE4SW4 of Section 18, T5N, R64W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 58 and west of and adjacent to CR 49.5. For a more precise location, see legal. Parcel Number 0963 18 200008 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 a 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. j:nmmentc 1 Signature �i� qI71 Agency 1 U l ,u>'1 O-i K2)C. {C Date ❖Weld County Planning Dept. 4918 10th Street Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax w • • MEMORANDUM TO: Chris Gathman, Planning Services lDATE: March 17, 2010 C FROM: Donald Carroll, Public Works • COLORADO SUBJECT: RE-4911, Edward Schmidt— Revised Access The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are as follows: COMMENTS: Weld County Road Classification Plan (FHU): (June 2002) WCR 58 is a collector road and requires an 80-foot right-of-way at full build out. There is presently a 60-foot right-of-way with a 10-foot right-of-way reservation on the parcel. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. WCR 49.5 is a local gravel road and requires a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. The most current road counts for WCR 58 are 311 AADT taken in March of 2006, and for WCR 49.5 they are 112 AADT taken in October of 2006. REQUIREMENTS: The applicant shall utilize the existing residential access to the proposed Lot A. Direct access from a public road will be limited to one (1) per legal parcel, except as further limited or restricted by zoning or subdivision regulations. Additional accesses may be approved by the Department of Public Works or the Board of County Commissioners. This policy shall apply to all new and existing accesses within the unincorporated areas of the County. Properties within municipalities or other counties which access County roads are subject to this policy. If an additional access is requested to a legal parcel where an existing access already exists, it should be interpreted that the second access would not be provided unless the denial of the access creates some undue hardship on the property owner. If the applicant would like to close the existing access and open a new access to Lot B, the applicant shall complete a Weld County Road Access Information Sheet and Obtain an Access Permit (contact the Public Works Department). Photographic evidence that the existing access has been closed will be required. Public Works normally requires that an access point to a road is a minimum of 75 feet between access points to adjacent parcels. C:\Documents and Settings\cgathman\Local Settings\Temporary Internet Files\Content.outIook\B66R7M8E\RE-4911-Revised (2).docx The access shall be placed in such a location to have adequate sight distance in both directions and not below the crest of a hill or where physical obstructions are present. If a drainage culvert is required, a 15-inch corrugated metal pipe is the County's minimum size requirement. If the applicant chooses to place a larger culvert, please contact the Public Works Department to adequately size your culvert. Road Access Culverts Sec. 8-3-10. Installation of culvert. The owner of the property shall pay for materials and the cost of installation for new road access culverts whenever the installation of a culvert is made necessary by the creation of a new access from private property to a County road, by any alteration of the natural flow of water across private property by the owner, or for any other reason created by any owner of private property. The culvert shall be installed according to the specification of the Department of Public Work as to size and location in the County rights-of-way or other County property in which such culverts may be installed. The culvert size will be determined in accordance with standards engineering practices. The property owner shall be responsible for cleaning the borrow ditch to the extent required to accommodate the road access culvert and insuring proper drainage. 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. This area is not within a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). pc: RE-4911 file C:\Documents and Settings\cgathman\Local Settings\Temporary Internet Files\Content.Outlook\1366R7MSE\RE-4911-Revised (2).docx MEMORANDUM TO: Chris Gathman, Planning Services DATE: March 1, 2010 FROM: Donald Carroll, Public Works COLORADO SUBJECT: RE-4911, Edward Schmidt The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are as follows: COMMENTS: Weld County Road Classification Plan (FHU): (June 2002) WCR 58 is a collector road and requires an 80-foot right-of-way at full build out. There is presently a 60-foot right-of-way with a 10-foot right-of-way reservation on the parcel. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. WCR 49.5 is a local gravel road and requires a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. The most current road counts for WCR 58 are 311 AADT taken in March of 2006, and for WCR 49.5 they are 112 AADT taken in October of 2006. REQUIREMENTS: The applicant shall utilize the existing residential access to the proposed Lot A. The applicant shall utilize the existing agricultural, oil and gas, and ditch roads accesses to the proposed Lot B. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. This area is not within a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). pc: RE-4911 file M:\PLANNING-DEVELOPMENT REVIEW\RE-Recorded Exemption\Re-4911.doc (vit l'4;%;.\) w S Weld County Referral IIiDc APR - 1 2009 March 30, 2009 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Edward Schmidt Case Number RE-4911 Please Reply By April 30, 2009 Planner Kim Ogle Project Two-Lot Recorded Exemption Legal Lot B Corrected RE-4572; Part E2NW4 & NE4SW4 of Section 18, T5N, R64W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 58 and west of and adjacent to CR 49.5. For a more precise location, see legal. Parcel Number 0963 18 200008 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. U See attached letter. ❑ Please notify me of any public hearings regarding this request. Gnmments. Signature j C/ Li/ 1 to Agency i- h/ Date ❖Weld County Planning Dept. 4918 101°Street Greeley,CO.80631 4(970)353-6100 ext.3540 ❖(970)304-6498 fax S i M E M O RA N D UR ELEY OFFOjCErtment Ka-t5L--% APR 7 5 2nna TO: Kim Ogle, Planning Services RECEIVED IDATE: April 15, 2009 O gig. FROM: Matt Figgs, Public Works, and / COLORADO Don Dunker, P.E., C.F.M., Public Works , SUBJECT: RE-4911, Edward Schmidt The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are as follows: COMMENTS: Weld County Road Classification Plan (FHU): (June 2002) WCR 58 is a collector road and requires an 80-foot right-of-way at full build out. There is presently a 60-foot right-of-way with a 10-foot right-of-way reservation on the parcel. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. WCR 49.5 is a local gravel road and requires a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. The most current road counts for WCR 58 are 311 AADT taken in March of 2006, and for WCR 49.5 they are 112 AADT taken in October of 2006. REQUIREMENTS: The applicant shall utilize the existing residential access to the proposed Lot A. The applicant shall utilize the existing agricultural accesses to the proposed Lot B. Please indicate the future right-of-way and the existing right-of-way the same as shown on Corrected RE-4572. 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. This area is not within a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). pc: RE-4911 file M:\PLANNING—DEVELOPMENT REVIE ARE-Recorded Exemption\Re-4911.doc • • cte Memorandum TO: Kim Ogle, W.C. Planning ' DATE: April 30, 2009 FROM: Lauren Light, W.C. Department of Public COLORADO Health and Environment CASE NO.: RE-4911 NAME: Schmidt Environmental Health Services has reviewed this proposal to exempt 23.11 acres from a 74.78 acre site. Proposed lot A will consist of 23.11 acres and proposed lot B will consist of 51.67 acres. There is an existing residence on proposed lot A which is served by Central Weld County Water District and an individual sewage disposal system (SP-9700515). A new individual sewage disposal system and a tap from Central Weld County Water District will be required for proposed lot B if a residence is constructed. The Lower Latham Reservoir Company may purchase proposed lot B for recharge ponds. If the recharge ponds are constructed and a residence is not built, potable water and an individual sewage disposal system would not be needed. The following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for any 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. • • 1114 Weld County Referral ' March 30, 2009 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Edward Schmidt Case Number RE-4911 Please Reply By April 30, 2009 Planner Kim Ogle Project Two-Lot Recorded Exemption Legal Lot B Corrected RE-4572; Part E2NW4& NE4SW4 of Section 18, T5N, R64W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 58 and west of and adjacent to CR 49.5. For a more precise location, see legal. Parcel Number 0963 18 200008 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 t� We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. ❑ Please notify me of any public hearings regarding thiisy request. — �y • Cnmmentc• (� /?O/ht) ,C-//iz e .3 (1 YJY-�1 Q co-e•Ac ,'c / 'o-4' /z Aw rip rod Signature • —/'O! • Agency Date ❖Weld County Planning Dept. ❖918 10th Street Greeley, CO. 80631 ❖(970)353-6100 ext.3540 +(970)304-6498 fax • s O DEPARTMENT OF PLANNING and BUILDING SERVICES Weld County Administrative Offices 918 10th Street Greeley CO 80631 WEBSITE: www.co.weld.co.us ' Phone(970) 353-6100, Ext. 3575 C. COLORADO Applicant: Edward Schmidt April 1, 2009 Case Number: RE-4911 Project: Two-Lot Recorded Exemption Legal: Lot B Corrected Part E2NW4 NE4SW4 of Section 18, T5N, R65W of the 6th P.M. Weld County, Colorado. Location: South of and adjacent to CR 58; west of and adjacent to CR 49.5. Parcel Number 0963 18 200008 There are no building permits on record for this parcel. Prior to the start of construction, alterations or change of occupancy; 1 A building permit application must be completed, and two complete sets plans including engineered foundation plans, stamped and signed by a registered State of Colorado engineer shall be required. 2 A plan review must be approved and permit must be issued prior to the start of construction. 3 Setback and offset distances shall be determined by the 2006 International Building Code and Chapter 23 of the Weld County Code (Offset and setback distances are measured from the farthest projection from the structure). 4 Buildings located within a 100 year flood plain require a Flood Hazard Development Plan. 5 A letter is required from the fire district to ascertain if a FPD permit is required. Sincerely, 444? Robert Powell Plans Examiner II Service,Teamwork, Integrity,Quality LOWER LATHAM RESERVOIR COMPANY P.O. Box 398 Kersey, CO 80644 WOrd County Planning Dapartntont GREELEY OFFICE February 16,2010 1 8 ?HI RECERC Weld County Planning&Zoning Department of Planning Services Attn: Chris Gathman North Weld Building 918 Tenth St Greeley,CO 80631 RE: Proposed Recorded Exemption (RE)of Edward&Janet Schmidt Property,Case No. RE-4911 Dear Mr. Gathman, The purpose of this letter is to provide supplemental information related to the above referenced case and to address specific comments provided within the draft Administrative Review prepared by Jacqueline Hatch- Drouillard. Property Description The originally proposed recorded exemption included a 50 acre lot to be conveyed from Edward and Janet Schmidt to Lower Latham Reservoir(LLRC). The conveyance lot(Lot B)has since been modified to include a total of 34.9 acres. The enclosed Figure I shows the proposed boundary configuration. It is noted that Lot B includes a strip of land 30 feet wide and 530 feet long projecting from the northwest corner. This strip of land encompasses an irrigation well at the north end that will be conveyed to LLRC. The strip also includes an irrigation lateral that conveys water from the irrigation well and the north branch of the Smith Lateral southward to the main portion Lot B. LLRC feels that it is important to maintain ownership of this strip of land contiguously with Lot B for purposes of accessing and maintaining the ditch lateral and the irrigation well. The northern boundary of the Lot B has been modified at the request of the Schmidt's and to achieve a total acreage at Lot B of less than 35 acres. Access Roads to Lot 8 The proposed new configuration of Lot B results in limited access to the lot from Weld County Road 49- 1/2. An agricultural access point exists at the southeast comer of the property,but this is restricted to small vehicles because of an existing overhead guy wire. Large earth moving construction equipment will be required to access the lot for purposes of recharge pond construction and maintenance. A new access point is therefore proposed,the general location of which is shown on the enclosed Figure 1. The proposed new access point will require a new culvert; LLRC will contact the Weld County Department of Public Works to adequately size the culvert. No Proposed Building Development The proposed future uses on Lot B include the construction of unlined ponds for use as aquifer recharge. Conveyance infrastructure will include new water conveyance canals from both the North and South branches of the Smith Lateral to deliver water into the new ponds. Measurement structures and recording devices will also be required to monitor the inflow to each pond and monitor water levels within each pond. It is also anticipated that additional monitoring wells will be constructed around the ponds in order to monitor groundwater levels. ,2 j — Mr. Chris Gathman • • February 16, 2010 Page 2 With the exception of the ponds, ditch laterals,measurement structures and monitoring wells described above,there are no other structures proposed to be constructed on Lot B. LLRC will not construct residential structures or any type of outbuilding structures on the property. Potable Water Because there will be no structures on the property,there will be no need for potable water supplies. Use of Central Weld County Water District's supply line will not be required. If you have any questions or require any additional information,please contact me at 970-988-1459. Sincerely, LOWER LATHAM RESERVOIR COMPANY DiP7A (7S11 Douglas C. Seely Acting Manager Attachment 2.64W. SEC. a- 5N.-R.84W. kGoc AP SET & REF. • 3 ' . CAP SET & REF. ✓ 8-2-1999 BT N 7-17-1-1 996 . [A.O.R rlia e WCR 58 L 2458.18 M NORTH TINE NO, #58/4 & N90'00'00`E R NN9970.00 OON _1948. 1049.30' \ 247.00' )R. E1/2 NW1/4 /./.1\ 30340'J FUTURE R .W. TO 1` LOT A RE209D IS-I.5N.-R.64W BE 40' FROM SEC. LINE NOT PART OF ION ESTABLISHED FROM w THIS SURVEY !EC. NO. 02197558 X528665 B. 0 OED 11-16-1989 SET NO, 6X30" WITH 3 N ALUM. CAP FRO' BUILDING SETBACK N 42 IN MON. BOX FROM OIL TANK � / 0 0i- 0 0 W En / �,ql L„� 200' N90'00' 0"E® 1 150' BUILDING SETBACK I RADIUS 247. Q',1�4 FROM OIL WELL \\\\\\\ LS 665 J 150' RADIUS CROSS - 23.110 A.C. h 200' BUILDING SETBACK CO. RD. ROW - 1.017 A.C. I `FROM OIL TANK NET - 22.093 A.C. 1297.88' iv'on m v 0 � 0 0IN SECTION LINE 150' BUILDING SETBACK N OTOBER 14. 1889 FROM OIL WELL S P RECORDS. 2 a 200' BUILDING SETBACK L57242 7 FROM OIL TANK ' 30' ACCESS ESMT. /589'12'48"E fI5 YRt 5LM9efirmw., ,v a.uR_ - °w . • OF LOT A & OIL/GAS 330.00'0'' '—' 3 \ a o 0 o O o K—,,, GROSS - 51.677 A.C o no 0 N CO. RD. ROW - 0.810 A.C. z ce ni, NET — 50.867 A.C. • 330.00' } o \, N89'12248"W /` J o / ` n N L57242 r X w to 150' ili n n O o 150' BUILDING SETBACK ro Oa FROM OIL WELL o z 91 0 WCR 49 1/2 PETITIONED FOR A 60 FOOT R.V.r. 30' EACH SIDE OF 1/4 LINE IN DOC. 818890010 ON JULY 19, 1889. APPROVED 10-9-1889 AND DECLARED A PUBLIC HIGHWAY IN BOOK 5, PG. 289 OF WELD COUNTY COMMISSIONERS RECORDS. A,I 99 • CL 6]' SMITH LATERAL \7, • �&l� S .S^;) 9 ;1p0 6 SW CDR. E 1/2 NWI/4 �O.10CA n / SEC. 18-T.5N.-R.64W. MCC'O5, n / 3 1/4" ALUM. CAP \II SET & REF BY L928665 ON 8-2-1999. 1.90' - CTR. SEC. CDR. m \ SEC. 18-T.5N.-F B(0IT q 3 1/4" ALUM. C, .0 56ti +J8 SET& REF BY L TO 19 7-25-1996. REC. N0. 02268775 11-08-1991 ii- • 0 , vP p .E%-E.Di M,fiP r _____ . _ . N-EXISTING SCHMIDT 1 . ,1 PARCEL # 096318200008 (APPROX.) 4 -- PROPOSED LOT A, RETAINED BYE & JSCHMIDT 30c_1 �- RRIGATION WELL \\_ SMITH LATERAL NORTH BRANCH 5 0' XISTING O/G WELL ACCESS ROAD ACCESS ROAD 0-FT SETBACK 30-FT WIDTH 30-FT WIDTH XI . ING TANK 200- T SETBACK 282' •59' Jo, ROPOSED NEW )71DPARCEL BOUNDARY r PROPOSED NEW _ ACCESS ROAD 12' N Q) cc (STING O/G WELL o 150-FT SETBACK PROPOSED LOT B TO BE CONVEYED TO LOWER LATHAM rEXISTING AG. RES. CO. ACCESS ROAD (APPROX 34.9 AC) -N- 0 100 200 t 1 1 _,/--- SCALE IN FEET AM LAND CO, LLC PARCEL # 096318300010 SMITH LATERAL (26.69 AC) SOUTH BRANCH FIGURE 1 LOWER LATHAM RES. CO. SCHMIDT RECHARGE SITE PT Section 18, T5N, R64W alp LOWER LATHAM RESERVOIR COMPANY P.O. Box 398 Kersey, CO 80644 March 5,2009 Weld County Planning&Zoning Department of Planning Services North Weld Building 918 Tenth St Greeley,CO 80631 RE: Proposed Recorded Exemption(RE)of Edward &Janet Schmidt Property Ladies and Gentlemen, Lower Latham Reservoir Company(Latham)has been in negotiations with Mr. Edward Schmidt for the purchase of a portion of his property located in the E 1/2 N W I/4 and NE 1/4/4 S W I/4 Section 18,T5N, R64W of the 6th PM (Weld County Parcel d 096318200008). This letter is provided at the request of Mr. Schmidt and describes Latham's intended uses of the property in the event that it is acquired by Latham. Specifically, Latham is interested in purchasing approximately 50 acres out of the 76.61 acre Schmidt parcel. The attached Figure 1 shows that approximate parcel boundaries and the proposed new division boundary. If Latham acquires the property, it anticipates developing recharge ponds on the property for purposes of its well augmentation plan. Background of Subject Property The Schmidt property has historically been irrigated by shares in the Lower Latham Ditch Company and Lower Latham Reservoir Company. The Latham Ditch and Reservoir shares have historically been delivered to the Schmidt property from the Latham Ditch via the Smith Lateral. In January, 2008 Latham purchased all water rights associated with the property, including Latham Ditch Company, Latham Reservoir Company,and Smith Lateral Ditch Company, from the Schmidts and acquired a dry-up covenant on the property. During 2008, Latham leased the water rights to Schmidt for purposes of establishing a native grass cover on the property. Beginning in 2009,the dry-up covenant will prevent any future irrigation of the property. Summary of the Lower Latham Plan for Aufinenation A majority of the shareholders in the Lower Latham Ditch and Reservoir companies own and utilize irrigation wells for purposes of providing supplemental irrigation water to their farms. Over the past several years, Latham has been developing a plan for augmentation for the wells under the Latham system to allow them to operate in the future. Development of the plan for augmentation is being accomplished by acquiring water rights, including Lower Latham Ditch Company and Union Ditch Company shares, from farms such as the Schmidt farm,and changing the use of the shares to augmentation uses. The change of use of the shares requires dry-up of the historically irrigated lands in order to prevent an expansion of use of the water right. Furthermore, a change of use of an irrigation water right to augmentation uses requires that the historical return flows to the river are maintained, during both summer and winter months. In order to maintain historical return flows and augment well depletions, Latham is pursuing the development of recharge pond facilities into which augmentation water would be delivered into during the summer months Weld County Planning anu oning March 5,2009 Page 2 and lagged accretions to the river would occur over the winter months. The ability to provide augmentation water to the river during winter months is critical to the operation of the plan for augmentation. Proposed Future Use of the Subject Property Latham is seeking to acquire approximately 50 acres of the subject property for purposes of developing recharge pond facilities. The subject Schmidt property is desirable because a portion of Latham's water rights originated from the property and the property can no longer be irrigated. However, Latham owns sufficient shares within the Latham Ditch and Smith Lateral for conveyance of the water to the subject property. In addition, Latham has conducted feasibility studies that indicate the property will accommodate the recharge facilities. Specifically, Latham contracted with a geotechnical consultant to perform subsurface exploratory drilling,monitoring well construction, soils analysis,and groundwater level monitoring. Latham also contracted with a groundwater expert to perform computer groundwater modeling analysis of the site. Results of the geotechnical and groundwater evaluations have indicated that the Schmidt property will successfully accommodate recharge pond facilities. Latham is seeking to acquire approximately 50 acres from the Schmidt parcel. However,the recharge ponds are expected to cover less than 25 acres. Several recharge ponds of about 3-5 acres each will be constructed by excavating the top 5-feet of soils. Each pond will be surrounded by a short berm to act as a perimeter barrier. The supply laterals will be improved to convey the water to individual ponds. Measurement structures and recording devices will also be required to monitor the inflow to each pond and monitor water stored within each pond. It is also anticipated that additional monitoring wells will be constructed around the ponds in order to monitor groundwater levels. Final design of the recharge ponds and ancillary facilities will be initiated after the property has been acquired. Beneficiaries of the Recharge Project Currently,there area total of 91 wells within the Latham plan for augmentation. These wells are owned by a total of 50 individuals and/or entities that depend upon the wells for their agricultural operations. If you have any questions or require any additional information,please contact me at 970-988-1459. Sincerely, LOWER LATHAM RESERVOIR COMPANY Douglas C. Seely Acting Manager Attachment Cc: Ed Schmidt lib i alb int XISTING SCHMIDT - PARCEL # 096318200008 ' ,i (APPROX.) 9 Mt r R .. PARCEL RETAINED ., BYE & J SCHMIDT rour � r (APPROX 26.61 AC) ri ROPOSED NEW PARCEL BOUNDARY SMITH LATERAL NORTH BRANCH PROPOSED NEW RE TO BE CONVEYED TO LOWER LATHAM RES. CO. (APPROX 50 AC) -6-150-FT OFFSET \2TINGO/G WELL o too 200 I I I SCALE IN FEET OastOPOISSIelil SMITH LATERAL SOUTH BRANCH (-- FIGURE 1 LOWER LATHAM RES. CO. SCHMIDT RECHARGE SITE PT Section 18, T5N, R64W • • 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#: er 1. Applicant Name tats 4reD 12 4 .lgt'tl�� c>et+mr rr Phone SO -- °,T" i Address a yaz.ro C 12 S8' City Gyre eL e 7 State CC O Zip Steei 2. Addressor Location of Access ayA5b C,Psg Gr-e-etey lmi4 Y~ie/d ,.F0A0S ;Ai To Sire Section /6 Township s Range ‘ 1f Subdivision / Block Lot Weld County Road#: se Side of Road 600.7111 Distance from nearest intersection /3So r 3. Is there an existing access to the property? Yes '� No #of Accesses o7 4. Proposed Use: U Permanent ❑ Residential/Agricultural ❑ Industrial U Temporary ❑ Subdivision ❑ Commercial ❑ Other lad,n-/.Ere S' re- ******************************************************************************************************************************* 5. Site Sketch egend for Access Description: AG = Agricultural RES = Residential --I 1----s—ral L_ O&G = Oil&Gas \ni L la- D.R. = Ditch Road Ni O = House O = Shed A = Proposed Access • = Existing Access y pd Ni J r s � map n 7 w 7 OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title: -7- a S Weld County Flannintglitid County Referral GREELEY OFFICE C. tPR n 32G119 March 30, 2009 COLORADO - RECEIVED The Weld County Department of Planning Services has received the following item for review: Applicant Edward Schmidt Case Number RE-4911 Please Reply By April 30, 2009 Planner Kim Ogle Project Two-Lot Recorded Exemption Legal Lot B Corrected RE-4572; Part E2NW4 & NE4SW4 of Section 18, T5N, R64W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 58 and west of and adjacent to CR 49.5. For a more precise location, see legal. Parcel Number 0963 18 200008 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. act See attached letter. ❑ Please notify me of any public hearings regarding this request. Comments Signature April 6 , 2009 Agency Platte Valley School Distri t Weld Re-7 Date +Weld County Planning Dept. ❖918 10'"Street Greeley,CO.80631 +(970)353-6100 ext.3540 •(970)304-6498 fax - s c7latte 9)alley @School WELD COUNTY DISTRICT RE-7 P.O. BOX 485 - KERSEY, COLORADO 80644 - 970/336-8500 - FAX 970/336-85 I I E. GLENN McCLAIN,SUPERINTENDENT April 6, 2009 Weld County Planning Department 918 10th Street Greeley CO 80631 RE: Land Dedication— Schmidt—RE-4911 The Board of Education of Platte Valley School District, Weld RE-7 passed the land dedication, cash-in-lieu policy at the March 13, 2000 meeting. This policy addresses new developments and recorded exemptions that would affect the district. The policy is specifically intended for land use that will create a new residence. It is our interpretation of the Recorded Exemption Application forwarded to us that no new residential lots will be developed. Should new residential lots be developed in the future, the district would require a cash-in-lieu payment on each new lot. Therefore, no cash-in-lieu payment is due at this time. As the intended use will not create new residential lots,our transportation department will not need to be consulted regarding an additional bus stop. We have reviewed the request and find no conflicts with our interests. Please contact my office if you have any questions. Sincerely, E. Glenn McClain, Jr. Superintendent _Ot/r o Sc7rcatrafr. . . (4fff/c✓ Out O* (fir S%. 'ft mill • • Weld 4ounty Planning ©apartment t3REELEY OFFICE Weld County y Referral �B 9(1f19 wilk RECEIVED March 30, 2009 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Edward Schmidt Case Number RE-4911 Please Reply By April 30, 2009 Planner Kim Ogle Project Two-Lot Recorded Exemption Legal Lot B Corrected RE-4572; Part E2NW4& NE4SW4 of Section 18, T5N, R64W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 58 and west of and adjacent to CR 49.5. For a more precise location, see legal. Parcel Number 0963 18 200008 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 d71ave reviewed the request and find no conflicts with our interests. ❑ See attached letter. ❑ Please notify me of any public hearings regarding this request. Gnmmenta• Signatur 4"" s_ - Agency Date +Weld County Planning Dept. ❖918 10th Street Greeley,CO.80631 4(970)353-6100 ext.3540 +(970)304-6498 fax Applicant: Edwart Schmidt 0 Planner: Kim Ogle Case #: RE-4911 � ,,� - _ _ --..\ I -.' L , A.,. . , „....,,v,...4 . . ,,,, ____,., _..._ . . .............4 f 1 j.4 M 1r" I,. t i : 6-14 :7:tili,or._______ --,,i,-_ , J s.:, r I I t• �:+ � Po? I 9 I, I • // Highway /\./ Roads N �'/ No Railroad 7 W ---17 1`� E • Streams S Floodplains w • • co I I I T5 a2 ) as E a) w E 715 o a ) i I 0 E ira 1 U o 0 co o Q) a) p o- Q ' co o �- IL -- a)Cn ca I I ° 1 ; — LL v m 1 Q O a) c a o >. CO E J .L N N a)) U Co C >>- >- } } -,y > - C c ca ! I O ca G 0 0 w U c r IT 2 c i — - up, t .E .L ca •— N▪ Q 6 0 in (n t o ca I.` w a) Q t ` 1O — L al I a N 8 I ca a) To- I D EE P °-) = v) o co CD C 0 CO o cccOr) O .c 4? I-..: O .--. N O a) °. I a) 3 c i s coo C/) <O c 4/) a) I° ca UM � � I in >,0 v a) I 1 ai o cp a) a) 1 u 0 �° Is- °: I — —'0 .,, y c (9 i c rn �, cF co AA 0 a p a) C7 V y a w a) -, Q) p = o .L_ N I as U N 3 p O w W - O h p "O co > E' I -p u 4- 1 jI o U > o) > E T t cntoin0l E a) o ' l i N a � CO a� � N i _c I "v co U -- = (/) U `6 '5 I o w T CF) N F- I c a) I z- UO L W `)cu 0 o�ooJ I jZa��i Ce W X 30 � � .a Ian CD a) i I v a) s -- .- C I ca c I c 1 a) >, Z clolola I o c Ei �sO =' Cl) =Ito u,I>I i0 o L W Q'Q < Q I U_i N-1CO W N• l typ s... o �! � p I ` I> a 3 c t co!lc � E ! co a b f 7_ T 1 .c a) ca c c..)!Q a- � 1 I 1 , I- AFR/13/2099/MOX` 08: 41 AM Wel ounty Water FAX No, 973 353 855 P. 031/00: {ltr • 6 RECD APR Q 1 20D4 Weld County Referral •Illik March 30, 2009 • COLORADO I v S fr The Weld County Department of Planning Services has received the following item for review: Applicant Edward Schmidt Case Number RE-4911 Please Reply By April 30, 2009 • Planner Kim Ogle Project Two-Lot Recorded Exemption Legal Lot B Corrected RE-4572: Part E2NW4&NE4SW4 of Section 18,75N, R64W of the 6th P.M.,Weld County, Colorado. Location South of and adjacent to CR 58 and west of and adjacent to CR 49.5. For a more precise location, see legal. Parcel Number 098318 200008 • 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 appllcatIona 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. 0 See attached letter. O Please notify me of any public hearings regarding this request Its CnmmanirA ogn (l he lS Ci.rre1tty yin elVt5_ iieflu (1s SarJ,cc A4waJcr -t1.i(I its,. it ccei(Y rate-11;i, cap r A AyJen. �it a hi'ciY Wi�l ((q( c tc44(4,1 L aCiseefrik a Ac (re prole 1J111 6Y+ f16CQ.CL , U Signature de, ��..Y C��` C Agency Date °Weld County Planning Dept. 0918 10e Street Greeley,CO.80631 6(970)353-6100 ext3540 O(970)304-6498 fax City of/ — ` Weld County Planning Department G Colorado GREELEY OFFICE APR 24 NM Great.From the Ground Up. RECEIVE® April 22, 2009 Kim Ogle Weld County Planning Department 918 10th Street Greeley, Colorado 80631 Subject: RE-4911 Dear Mr. Ogle, Thank you for the opportunity to comment on this Recorded Exemption. The City of Greeley has reviewed the application from Edward Schmidt and wish to forward the attached review comments from City staff. The City has no concerns about the proposed application. If any questions sho arise please eel free to contact me at (970) 350-9824. Sine and Gossard Pla er I cc: Ryan Hollinshead, Staff Engineer Attachment Community Development-Planning Division • 1100 10th Street,Ste.202,Greeley,CO 80631 • (970) 350-9780 Fax(970)350-9800 We promise to preserve and improve the quality of life for Greeley through timely, courteous and cost-effective service. • S *_• Project Review Comments Date: 4/22/2009 yj Project Name: WCR 11 :09 City of Location: S. of CR 58 W. of CR 49.5 Greeley Reviewed By: Brandon Gossard Phone: ( ) 350-9824 Submittal Date 4/8/2009 Department Planning City ID# 1677 Submittal #: 1 Growth Page ❑ New The subject site is located outside the City of Greeley's Long Range Expected Growth Boundary(LREGA). It is unlikely that this property will be incorporated within the City of Greeley. Wednesday,April 22, 2009 Page 1 of 2 *, Project Review Comments Date: 4/22/2009 Project Name: WCR 11 :09 City of Location: S. of CR 58 W. of CR 49.5 Greeley Reviewed By: Ryan Hollinshead Phone: (970) 336-4145 Submittal Date 4/8/2009 Department Eng Development Review City ID# 1677 Submittal #: 1 General Page ❑ Advisory Engineering has no comments. This recorded exemption is outside of the City of Greeley's Long Range Expected Growth Area. Wednesday,April 22,2009 Page 2 of 2 • • t j IMAfij D CR58 LI LT -1LID _ 'Cr cc 1 1 HWY34 fly v vJ • "'"''''?,'W:i1. CT A 4 dry i , • ` �g� o. - fi 'e•"^� 4 err ' a' ij x 'c - .•s z .fie �yY may, �W' w°,.. �. as "° .,rsl Mme, ,YrtJ aw.�.`Ws : 4 ,r 3 ` <"— 4 .fir -n s�. 7 fi g „ & .Y'Sm<ybhw :.stzr 6idat- wG 1„•,— "1:'I. • • • _ "Ea o 0-t"a gitic c- r S S -1-,' I'M oNr yh4 m D "tom & v W _ :::1-4,:r....- W o 2.213_ h r° = - = w = X o m R q.` i - ac. � o, x` of - "' VPO{t\.� Q 3 _ �▪z- i:° o ,£ 7 .cd' n W2< o8S riwln Q a i`Bo0- ,•`' Sx�W' w" u Ti _ 7-!! \ W a o � F - �LLi, m o E. III!1 W . v� L u , <.:1_) it 2 p o n Y s ;,,I2 . Z ¢ m � 08) 0I 0 - ° z& tN 8 Pm o ¢ E " E 8 ' = E &� .E " E o - , J E w —0 3 as`a�.o o �a ao `a x `= 4` w ;z 0 LaL0 Ea i z° 3 pie_aril's. \ � CC NK IL �O xo �U N ,(3,,t, _t CO 1'? '6 a ig Jsrs; a r0 n i ''s ^?€ .r0 z!2?S (MU ,09) Z/469 ON' 01/021 A1.22103 013M F Owd / 01)989191 r M,B9,ZODON \e ii 6� 10S1 maz0AON _ _ �srs4 ...mio NT_cmi soot @ .$1. a \� tl iF �ie- O2Hpp8 a o rca 6S e O LL yI w. N3 2 Kg 41/ o. T . Oct w3,aa,zozos \ 9<En0 >t° o l6 If h vi ®63 % a se �w of g = a; �4 §; % s � 6G 4 Y XO Ig o _ 0 11 K ,i.n N E Y s S zo u Od O n6 w c.) of CD >Z 9 — YY rL� fl-nil 3 3 L9 I""I Fo x r -n CI grins; m Nr l w^ §� O zo zP a a is $ g w�, ° 6i I v I . = v_ _t_ -r-- —i -- �.y 0 O ;01.92NI1105 I.SLC was cc RI eoo E. I, Y°S :Eu o ne 'o - ; ii.1=6DM al'a » „15 d — g E 8 W`rU c ? .- N z/l 6e/m-a'rM n$N a sa _ __ Z I oopa00S lay og .-3 �o 5 8 J oral -KgE Mrsa" ` &B' _ _ Al x u �zv Ms"" - o^_ -2" om'_ o II _ao - '" aE= �£ X88 mo nE zd`o.. =oou_ e • ig iz iiii I II !Pi ! ►�, ' I; i il 1 1 !I I II iiiiiill 1 ii I I pl ilili ill ii- 11 ; L t 1 k II E ! 1 it ! z al r 11 I ll id )j ) „i Wiil j° FB1i ii ;tFIttL 1 it t o s fF1 ! 11 a ]p li � !!° � �1 11 " 41t i J ti d. A . r €iiii' 1 lei d d d I !llfl III s.@ a G a:i E 5di�i I 11 . h I li . if Q1"— 1Laxa _- ill 1 III I ,. / NI\ ° 5.twit f VIII {rrl t i 'T� ' i r -• - - 4 ° p J __ Jai Ii 11 I. ''' III 4 s . 4 = Pi 11 it ' t 1� • ti f Ilii 4 1 d II i ■ / 4 —i\---- ' • ' I i xI , , W 7 AEI 41' �Yty Ibib ao.A/OM “GI 1WMI0D a� J.717 it a a a a 41 41 5r V, r i , iti ra. aws,w zr 1 e h L. -51,7-5X- J , ! N L § d I I .i / S s ' -I'. 9iiIiie ,U b„ y11A �. , e � oeee in rn 0 1l e ' r _ --I I Il .. ..MI D 6I sas I?ll li- Q ' r V T,c,,, 2.64W. SEC -T.5N.-R.64W. AP SET & REF. 3 CAP SET & REF. • 8-2-1999 BY 7-17-1996 2458.10' M NORTH LINE NW1/4 & WCR 58 1 1 N90'Do'DD"E rt WCR NO. #58 N9 .0.00N sp<a.26- 1049.30 \ 247.00' LOT A )R. E1/2 NW1/4 307 40 ` FUTURE R.O.W. TO RE2090 I8-T.5N.-R.64W BE 40' FROM SEC. LINE NOT PART OF ION ESTABLISHED FROM Lo THIS SURVEY :EC. NO. 02197558 LS28665 CO 0 0 BED 11-16-1989 SET NO. 6X30" WITH 3 1/4" ALUM. CAP 200 BUILDING SETBACK isin a 42 IN MON. BOX FROM OIL TANK P < 0 0 U � I } Al zon' N90'00' 0"E O) 150' BUILDING SETBACK RADIUS 247 O fy FROM OIL WELL '\...,,,,,,. LS 665 150 RADIUS GROSS — 23.110 A.C. VI 200' BUILDING SETBACK CO. RD. ROW - 1.017 A.C. p r FROM OIL TANK '\NET - 22.093 A.G.1297.88' -el bm v 0 o � o mwry SECTION LINE) CTOBER 14, 1889 FR BUILDING SETBACK FROM OILWELL RECORDS. No O 200' BUILDING SETBACK L57242 FROM OIL TANK �, _ 30' ACCESS ESMT. FE8992'48E OF LOT A & OIL/GAS '`r 330.00' \ 3 N m b b a 0 0 N o 6 GROSS - 51.677 A.C o 81 rn 0 0 a N CO. RD. ROW - 0.810 A.C. oo -coVT N NET - 50.867 A.C. 330.00' i1 89'12'48"'W o \ N VT N L57242 N. DO a N w co ry 150' M M �� P 150' BUILDING SETBACK m 0 FROM OIL WELL of Z W co WCR 49 1/2 PETITIONED FOR A 60 FOOT R.O.w. �' 30' EACH SIDE OF 1/4 LINE IN DOC. #18890010 ON JULY 19, 1889. APPROVED 10-9-1889 AND DECLARED A PUBLIC HIGHWAY IN BOOK 5. PG. 289 OF WELD COUNTY COMMISSIONERS RECORDS. n\ A,I `N Q SMITH LATERAL 6.t17-,�• RW� 5 O-5. 515k 1p6.L69 SW E COB. T. N,-/2 ,54W.NW1/ \ I RECORDS: SEC. IB—T.SN.—R.fi4W. \�NI 05'05'. 3 1/4" ALUM. CAP SET& REF BY L528665 ON 8-2-1999. \ `i1 CTR. SEC. Cc 1' SEC. 18—T.5P N 562•1155) SET3 /4' ALUM & REF E I'> 7-25-1996. 7-25-1996. REC. NO. 02268775 11-08-1991 firs 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 .FL4.42,0D /1 ' ck vJ6f' scifinzzirrPhone SS&'- oci T Address a q.act C Kz S ' City 6-reel e y State CoZip �( 2. Addressor Location of Access 024050 Ci9SB Gre.etey m1/44 A—ie/d fro Aas )iJ7 Sire Section /6 Township S Range 41 Subdivision / Block Lot Weld County Road #: O-8 Side of Road Sourbl Distance from nearest intersection /3So 3. Is there an existing access to the property? Yes ' No #of Accesses oC 4. Proposed Use: ❑ Permanent ❑ Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other c-Lfn-&C- S ' re- ******************************************************************************************************************************* 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential O&G = Oil &Gas D.R. = Ditch Road = House O = Shed A = Proposed Access • = Existing Access Ni -Po5. , _nom u OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title: -7- I CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD The UNIFIED TITLE COMPANY OF NORTHERN COLORADO hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION: Lot B of Corrected Recorded Exemption No.0963-18-02 RE-4572 recorded May 11, 2007 at Reception No. 3475373, being a part of the East Half of the Northwest Quarter and Part of the Northeast Quarter of the Southwest Quarter of Section 18, Township 5 North, Range 64 West of the Principal Meridian, COUNTY OF WELD, STATE OF COLORADO. CONVEYANCES (if none appear, so state): eception No. 3475373 , Book ✓✓Reception No. 3460515 , Book ✓freception No. 2581078 , Book t/Reception No. 2559940 , Book 1617 JiReception No. 2490301 , Book 1546 NReception No. 2490300 , Book 1546 VReception No. 2490299 , Book 1546 /Reception No. 2384693 , Book 1437 Reception No. 2355586 , Book 1407 ,/Reception No. 2337570 , Book 1286 t/Reception No. 2161003 , Book 1215 ‘/Reception No. 1382658 , Book 1616 Page 75 The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be constructed as an Abstract of Title nor an opinion of Title, nor a guarantee Title and the liability of UNIFIED TITLE COMPANY OF NORTHERN COLORADO, is hereby limited to the fee paid for this Certificate. In Witness whereof, UNIFIED TITLE COMPANY OF NORTHERN COLORADO, has caused this certificate to be signed by its proper officer this 8th day of March, 2009, at 5:00 p.m. Company: UNIFIED TITLE COMPANY OF NORTHERN COLORADO ��_y ` By C��CI' - I Unified Title Company Authorized Signature 3690 W. 10th Street, 2nd Floor Greeley,CO 80634 allill S BIB 3! 17:. i u ti . 43 ...s Ir g y ly N{ - - a 9s. 7O ic y i . 8�4.LNj O V 1ll i n!I CG e s ip!}c £ 4 a} 4 I , g6'1 ₹£ !S yy..S/sl 1 t iI ir_ Fey Cie' [ x S W O i Y3 .15-t 9 N NIwill € s H J :S y 1 'g V H C < S t £ £-• SI 1 - } W 6 Z tl ;.g, 4a y i 4 . y�. !ap' t ! ss' at£i E_;£ 3i `£ aT s ID W 2 £ d p glee „' 7p Oil*: 2`e pt F P }` a Q. A I 3 : i '• t s £[ a ;4! £ 4 zgy 88 3 } S - p :2 F a } a i. ! € ' '] . _ a .ks g ° ay_ a ' 1 �, oO O E4 F s s z .s £ 5 is£: _ }y get," y3 y £-s p g 1 'I5 x ty}s e p Z Z 6- b a d43 _ [ £ > -i E!£ sz _ers ! if ii 4 -9I, 1 i Wrase; eJ !!;14;;; L! 'e K s3 !1 t i Y f O LE 0P c ' A} sCA t £ S ei yf i} e t $a= * S O !';! 5,i - s } ' ' x _ aq H 0. 2 Ds Q s ? E i } si . t} ; }e p£ s£fL.,,,',- S3 N W W 1- W '! @.. a �t x ' ➢ " p i WO Q I!l14 ;I °£_ 3¢ e? g 3 1 . a £Il s y f ,L sR ig- W O W 0 O W W W O 0 IY ; W m 0 C — ,...... o ,,..—. Y— D' f 2 2 . 1 .. . O A ° in S a - s4 W O F 6 s e. 's' y, 1 a f 2 LL = -I II 0 W O W ` I 1 , W m LLZ S S Ii : 0 e V N W - �* Ali 1O va3. W2 � f.. a - E '- :.--2 O 3; I F I e F u .1—. _ W I c • E- a LLE O N -- WO i _ _ _ Q6' .:fa. a. W ' O I— m 7 P 5 _4 a,_ i iic_ — . !]M , ,ff_i 4. M rft #'I Y 2 fp a _ --. _ L Fg 24 it3,6E; ri C; _ 131 - ' F O , 3 .p . - 0 0 ;34Yh 5!e �{ r e£.j: , E z 41 .e }'.Ei B b6 Y in z t q i ,. 6.Ilj i_O 0 • ry A{ `t a }41.� 3 Y. O E 1 $ y Ji S O Q { s .sve. .lie ,d . i _ : x ..e N ° 4W vp W if Y !' ZI NCa 4 '5 x a ,, g t! _ 5 '' { r 6 g �' 4 O P ,§',: 3 gi av° '4 3 g' Spy !,24x5.....=v � [ !s .0.,,,,!;!!_e cf y'. N .r W 2 d £ ' F Ire 1 u! 't ie 11141 zS°a4. 11 .� .Es v !'4 , g, CO a n 1_?'- ! dE'� ; a y y " yaci : --. ,1 E t ag ,7Iay[ziM v 11 r re o G I ° , - . ! !As set !! '' r v! _! :d a t ! 5 Cz ' F 0 a S 1 s 7. 11 y a y g, ! # . v ! j� y r 2 Y W _! , s a 9 . is ga a i" I1 ! ! o I t t o ry y F l y y y! t t Z E2'..,1 i ! s Eriw, i u .e '' fl F F s a d LA gy ”inw.f---,,Et t! y # ° ! On,1;44.E! a 0 6 2 0 i.k E 1t ti.. 1 i. n y Al 1 A I4,1 El 4E th ire y rya 4 5v r ! 2 a C 11 !_ ! a a rya 36. !y ryt bs k !# a sa 1 1Irli ! ? v ., O ; 2 3 ;;!!‘6763 tti: 9 ,7 s 0 IlC W E S f s W F E 0,5 E ' e_. a Lioa € C 1 4 4.sr 3 y i f' W 5 d a 1ic t� ! .f c'3.77/33-,,! ,l. .v-6F d. .aa a. a a aw a .: W O W 2 W W g 111 a O:Ogre i_ C 022 as a� J i"y W .7 pp �I n I O J I in ,a R" ' , A 9 V O t n cm:- ✓ 6 I a, e W O N it 3 o '2,1x •=, m LL ; Q NQ 1.! 1 lae:s W C6 la III L ' IE 1^ C ° 1 ., 4 re ; Oeg I 2 m O ; - ..=s,_ -„ is nom mt z d_ 77 4 m 69 tl M, gef 2 8 6 1f' _ a d O .> _sA W, Eg ea° =9`. C lb �8 WARRANTY DEED THIS DEED, Made this 21st day of November, 1997 between Dennis L. Dougherty and Rebecca L. Dougherty of- the- County-at Weld-and State of Colorado, grantor, and Edward D. Schmidt and Janet K. Schmidt whose legal address is 24430 Weld County Road #58, Greeley, Colorado 80631 of the County of Weld and State of Colorado, grantees: WITNESS that the grantor for and in consideration of the sum of TWO HUNDRED FORTY EIGHT THOUSAND AND 00/100, ($248,000.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy in common but in JOINT TENANCY, all real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF d- also known by street and number as 24430 Weld County Road #58, Greeley, Colorado 80631 /„�i TOGETHER with all and singular the hareditaments and appurtenances thereunto �/V belonging, or in anywise appertaining and the reversion and reversions, remainder and D remainders, rents, issues and profits thereof, and all the estate, right, title, „A(bp interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the ahava harga_ed-premises,- with- the hereditament& and-appurtenances.ppurtenancea. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, . for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed; has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes for 1997 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; 2581078 B-1635 P-2182 11/25/1997 03:44P PG 1 OF 2 REC DOC Weld County CO JA Suki Tsukamoto Clerk S Recorder 11.00 24.80 The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders IN WITNESS WHEREOF the grantor has executed t • deed date set forth above. I Dennis L. "o -e tyj - ( e"ecca L. Dougherty + STATE OF COLORADO ) ) ss. The foregoing instrument was acknowledged before County of Weld ) me this 21st day of November, 1997 by Dennis L. Dougherty and Rebecca L. Dougherty Witness my hand and official seal. My In mission expir s L ovemb 15, 2001 NOTARY UBLIC ,1 1295 Main St. No. 921A. Rev. 3-85 +_., ' Windsor, COLORADO 80550 i;N • • • • "EXHIBIT A" LEGAL DESCRIPTION Lot B of Recorded Exemption No. 0963-18-2-RE2090, recorded November 12, 1997 in Book 1634 as Reception No. 2578807, being located within the following described property: All that part of the E1/2 of the NW1/4 and the NE1/4 of the SW1/4 of Section 18, Township 5 North, Range 64 West of the 6th P.M. , County of Weld, State of Colorado, which lies North of the center line of that certain ditch commonly known as the "Smith Lateral" as same is now established. EXCEPT right of way as conveyed by deed recorded in Book 14 at Page 451. TOGETHER WITH irrigation well no. 1-11606R •.TOGETHER WITH Two (2) shares of the capital stock of the Lower Latham Reservoir Company TOGETHER WITH Two (2) shares of the capital stock of the Lower Latham Ditch Company TOGETHER WITH Two and one-half (2 I/2) shares of the capital stock of the Smith Lateral Ditch Company RESERVING HOWEVER, unto grantor, all oil, gas and other minerals presently owned by said grantor, if any, in, on, under, upon and that may be produced from said premises, TOGETHER WITH the rights of ingress and egress necessary to explore for, mine and remove such oil, gas and other minerals. 2581078 B-1635 P-2182 11/25/1997 03:44P PG 2 OF 2 • IIIIIII CHO WARRANTY DEED THIS DEED, Made this 23rd day of July, 1997 between Richard C. Dunn, Ruth Ann Odle and William J. Dunn of the County of Weld and State of Colorado, grantor, and Dennis L. Dougherty and Rebecca L. Dougherty whose legal address is 24430 Weld County Road #58, Greeley, Colorado 80631 of the County of Weld and State of Colorado, grantees: WITNESS that the grantor for and in consideration of the sum of TWO HUNDRED SIXTY THOUSAND AND 00/100, ($260,000.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy in common but in JOINT TENANCY, all real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: SEE EXHIBIT °A° ATTACHED HERETO AND MADE A PART HEREOF also known by street and number as 24430 Weld County Road #58, Greeley, Colorado 80631 TOGETHER with all and singular the hereditaments and appurtenances thereunto c belonging, or in anywise 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 grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seised of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes for 1997 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; 2559940 B-1617 P-1103 07/25/1997 03:30P PG I OF 2 REC DOC Weld County CO JA Suki Tsukaaoto Clerk & Recorder 11.00 26.00 The grantor ash WARRANT shall and will AND FOREVER DEFEND the above-bargained premises Snthe quiet peaceable possession of the grantees, their heirs and assigns, against all and every person or persona lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gander shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. �///�_ ...d�2 t,WFl/in ��M--- William J�` Dunn Richard C. Dunn R th Ann Odle STATE OF COLORADO ] } se. The foregoing instrument was acknowledged before me County of Weld } this 23rd day of July, 1997 by Richard C. Dunn, Ruth Ann Odle and William J. Dunn Witness my hand and official seal. My co ssion expires November 1997 ptAHY pU �S `--`/1/l/// DARELLA NOTARY PUBLIC p L. 1295 Main St. No. 921A. ern 39&gy 0CH- •;`O Windsor, COLORADO 80550 "EXHIBIT A" LEGAL DESCRIPTION All that part of the E1/2 of the NW1/4 and the NE1/4 of the SW1/4 of Section 18, Township 5 North, Range 64 West of the 6th P.M. , County of Weld, State of Colorado, which lies North of the center line of that certain ditch commonly known as the "Smith Lateral" as same is now established. EXCEPT right of way as conveyed by deed recorded in Book 14 at Page 451. TOGETHER WITH Two (2) shares of the capital stock of Lower Latham Reservoir Co. TOGETHER WITH Two (2) shares of the capital stock of Lower Latham Ditch Co. TOGETHER WITH Two and one-half (2 1/2) shares of the capital stock of Smith Lateral Co. TOGETHER WITH One Irrigation Well No. 1-11606R and One Domestic Well #44660 2559940 8-1617 P-1103 07/25/1997 03:30P PG 2 OF 2 a M QUIT CLAIM DEED THIS DEED, Made this 8th day of May, 1996 between Richard C. Dunn and Ruth Ann Odle nee Ruth Ann Dunn and William J. Dunn of the County of Weld and State of Colorado, grantor,and Richard C. Dunn, Undivided 1/3 interest and Ruth Ann Odle, Undivided 1/3 interest and William J. Dunn, Undivided 1/3 interest whose legal address is }5754 WCR 70, Greeley, CO 80631 of the County of Weld and State of Colorado, grantees: (� WITNESSETE, That the grantor(s) for and in consideration of the sum of ONE AND c 00/100, ($1.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, -v./release,has remised, released, sold and QUIT CLAIMED, and by these presents do remise, sell and QUIT CLAIM unto the grantee(s), their heirs, successors and assigns r. forever, all right, title, interest, claim and demand which the grantor(s) have in and lI11. to the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows, All that part of the E1/2 of the NW1/4 and the NE1/4 of the SW1/4 of Section 18, Township 5 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado, which lies North of the center line of that certain ditch commonly known as the 'Smith Lateral' as same is now established. EXCEPT right of way as conveyed by deed recorded in Book 14 at Page 451. 2490301 B-1546 P-930 05/10/96 01:25P PG 1 OF 1 REC DOC Weld County CO Clerk 8 Recorder 6.00 10.00 also known by street and number as 24430 WCR #58, Greeley, Colorado 80631 TO NAVE AND TO SOLD the same, together with all and singular appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor(s), either in law or equity, to the only proper use, benefit and behoof of the grantee(s), their heirs and assigns forer. IN WITNESS WHEREOF, The grantor(s) have executed this deed on the data set forth William J. D n Richd C. Dunn +-rte nee Res iC th Ann Odle nee Ruth Ann unn STATE OF COLORADO, } ) as. The foregoing instrument was acknowledged before me County of Weld } this 8th day of May, 1996, by Richard C. Dunn and Ruth Ann Odle nee Ruth Ann Dunn and William J. Dunn Witness my hand and official seal. o tpR� .... I My commission expires 10-17-98 Av I MELINDA BAESSLER NOTARY PUBLIC I �E . , fO 1113 Tenth Avenue No.933. Rev. 3-85 III'•.•, R • Greeley, COLORADO 80631 yy,EOF ...o Recordea„ M Recer 2490300 R-1546 05/10/96 01:25P PG 1 OF 1 DOC =Weld County CO Clerk & Recorder 6.0 6.67 QUITCLAIM DEED ROSE A. DUNN whoseaddresis 27088 Weld County Road 51 Greeley, CO 80631 County of Weld ,and State of Colorado ,for the consideration of other good and valuable consideration and Ten and No/100 Dollars,in hand paid, hereby sells)and Quitclaims(s)to RICHARD C. DUNN, RUTH ANN ODLE, nee Ruth Ann Dunn, and WILLIAM J. DUNN whoseaddressis c/o Richard C. Dunn, 15754 Weld Co. Rd. 70, Greeley, CO 80631 y CC- County of Weld ,and Stale of Colorado ,the following OS real property,in the County of Weld ,and State ofColorado,to wit: An undivided one-third (1/3) interest in and to: All that part of the E1/2 of the NW1/4 of Section 18, Township 5 North, Range 64 West of the 6th P.M.; AND An undivided one-sixth (1/6) interest in and to: All that part of the NE1/4 of the SW1/4 of Section 18, Township 5 North, Range 64 West of the 6th P.M. , all in the County of Weld, State of Colorado, which lies North of the center line of that certain ditch commonly known as the "Smith Lateral" as same is now established. EXCEPT right of way as conveyed by deed recorded in Book 14 at Page 451. AND TOGETHER WITH two (2) shares of the capital stock of The Lower Latham Reservoir Company, two (2) shares of the capital stock of The Lower Latham Ditch Company, two (2) shares of the capital stock of The Union Ditch Company; also a lateral ditch right evidenced by two and one-half (2-1/2) shares of the capital stock of The Smith Lateral Ditch Company. MAamtommommalimmxNy with all its appurtenances Signed this d s-s' day of 1 i \C c t- ,19 9 6er \ Rose A. Dunn STATE OF COLORADO, 53- County of Weld The foregoing instrument was acknowledged before me Ibis° t day of ( LO---y' 1996 . by Rose A. Dunn. _ 0 My commission ecpires I(.9 ii-et 6__� C.WITNESS my hand and odicials�'.y.�.`P 1.1481/Cltl t ' � 4 1Ja.C '•. ..t c F MELINBA ty Him-AJM1v of?moo Guay 2•~U Oena "`ripe. .If.c. s.) '0ai N.898.Rev.4.94. QUITCLAIM DEED tswn Ram a O....C9��Qsp ,CO 80102—0011292-2300-4.94 Recorded at M-— Receptioi2490299 B-15 8 05/10/96 01:25P PG 1 OF 1 DOC Weld County CO Clerk & Recorder ill0 3.33 QUITCLAIM DEED DOROTHY J. DUNN-DURHAM whoseaddressis 9231 W. 101st Pl. Westminster, CO County of ,and State of COLORADO ,for the consideration of other good and valuable consideration and Ten andNo/100Dolfars,inhandpaid, hereby sell(s)and quitdaims(s)to RICHARD C. DUNN, RUTH ANN ODLE, nee Ruth Ann Dunn, and WILLIAM J. DUNN whoseaddressis c/o Richard C. Dunn, 15754 Weld Co. Rd. 70, Greeley, CO 80631 County of Weld ,and State of Colorado ,the following real property,in the County of We ld ,and State of Colorado,to wit: if. An undivided one-sixth (1/6) interest in and to: (,),V'- All that part of the E1/2 of the NW1/4 of Section 18, Township 5 ✓ North, Range 64 West of the 6th P.M.; AND An undivided one-third (1/3) interest in and to: / All that part of the NE1/4 of the St'71/4 of Section 18, Township 5 North, Range 64 West of the 6th P.M., all in the County of Weld, State of Colorado, which lies North of the center line of that certain ditch commonly known as the "Smith Lateral" as same is now established. EXCEPT right of way as conveyed by deed recorded in Book 14 at Page 451. AND TOGETHER WITH two (2) shares of the capital stock of The Lower Latham Reservoir Company, two (2) shares of the capital stock of The Lower Latham Ditch Company, two (2) shares of the capital stock of The Union Ditch Company; also a lateral ditch right evidenced by two and one-half (2-1/2) shares of the capital stock of The Smith Lateral Ditch Company. tetra thekes rt with all its appurtenances Signed this-ea day of i\`fL.. - - .199.�,6// .L/ Z eP///��/-( Zeno-, 272-/i--4.9 , Dorn thy/C. Dunn-Durham STATE OF COLORADO, County of Lf.,l[,,_U The foregoing instrument was acknowledged before me this X - day of Y ry t99 6 , by Dorothy J. Dunn-Durham. 00 c My commission expires I�"s} \Olt PUB�i WITNESS my hand and official seal. i Nnan rnN i MEUNDA SABRED Nut t Adds iir i..Crania Wyly Cued Leal Danis hMEE.C0.d1 I O No.895.Rev.4-94. QUITCLAIM DEED(Shun East ii C�\•O ire i &Word PAfi,M1iny 1743 watt M.Daiwanr,Co 90202-00Q 292-2310-494 • 0123646438 1P REC 02384693 04/21/94 14 $10.00 1/002 F 2105 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXCHANGE DEED THIS EXCHANGE DEED executed to consummate an exchange of like-kind property under I.R.C. Code Sec. 1031 by DOROTHY J. DUNN-DURHAM, First Party, address 9231 West 101st Place, Westminster, Colorado 80021, and ROSE A. DUNN, Second Party, address 27088 Weld County Road 51, Greeley, Colorado 80631: 1. First Party hereby sells and conveys to Second Party the following real property in the County of Weld and State of Colorado, to-wit: An undivided one-sixth (1/6) interest in and to all that part of the East Half of the Northwest Quarter of Section Eighteen (18), Township Five (5) North, Range Sixty-four(64) West of the 6th P.M., and water therefor represented by One (1) share of the capital stock of The Union Ditch Company, One (1) share of the capital stock of The Smith Lateral Company, and Two (2) shares of the Latham Ditch Company. with all its appLIlenances and warrants the title to the same subject to 1994 taxes due • and payable in 1995, and matters of record. 2. Second Party hereby sells and conveys to First Party the following real property in the County of Weld, State of Colorado: An undivided one-sixth (1/6) interest in and to all that part of the North Half (N1/2) of the Southwest Quarter (SW/1/4) of Section • Seventeen (17), Township Ave (5) North, Range Sixty-four (64) West of the 6th P.M., and water therefor represented by two (2) shares of the capital stock of The Latham Reservoir Company and two (2) shares of the capital stock of The Latham Ditch Company. with all its appurtenances and warrants the title to the same subject to 1994 taxes due and payable in 1995, and matters of record. IN WITNESS WHER OF, the parties hereto have executed this Exchange Deed this 29m day of ,, 1994. f Lt. rn Dorothy J..Dunn-Durham FIRST PARTY Rose A. Dunn SECOND PARTY • E 1437 REC 02384693 04/21/94 14:34 $10.00 2/002 F 2106 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this dayof 4. A. D. 1994, by Dorothy J. Dunn-Durham, First party. Witness my hand and official seal. • My Commission expires: , Lizcszn,Oi, 7 /99G. ' fo. NO i/i w };. Y P Its. STATE OF COLORADO ) ti •.::;.....: ) ss. COUNTY OF WELD ) he foregoing instrument was acknowledged before me this Pty" day of j evtr-t , A. D. 1994, by Rose A. Dunn, Second Party. Witness my hand and official seal. • My Commission expires: ._ vm z -ci.c /99S. . .4, c NOORYPU 1,,.:....•'Ate). N J, m v :rte 0 0 ° ow o of =mm \° ns '¢ B REcil • C 02355586- 10/19/93 12:43 00 1/002. L . FRY ANN FEUERSTEIN CLERK Si RE WELD CO, CO • VI•o EXCHANGE DEED AR!355586 THIS EXCHANGE DEED executed to consummate an exchange of like- kind property under I.R.C. Code Sec. 1031 by DOROTHY J. DUNN-DURHAM, First Party,address 9231 West 101st Place, Westminster, Colorado 80021, and MARIANry MILLER. Second Party, address _;c�. /4R,Al PA/— 2 •c fP ,Ado y7 1. First Party hereby sells and conveys to Second Party the following real property in the County of Weld and State of Colorado, to-wit: An undivided one-sixth (1/6) interest in and to all that part of the East Half (E1/2) of the Northwest Quarter (NW/1/4) and the Northeast Quarter (NE1/4) of the Southwest Quarter (SW114) of Section Eighteen (18), Township Five (5) North, Range Sixty-four(64)West of the 6th P.M.,which lies North of the center line of that certain ditch commonly known as the "Smith Lateral", as same is now established, containing eighty acres, more or less; together with water for the irrigation thereof, consisting of two (2) shares of the capital stock of The Lower Latham Reservoir Company, two (2) shares of the capital stock of The Lower Latham Ditch Company; also a lateral ditch right evidenced by two and one-half (2 1/2) shares of the capital stock of The Smith Lateral Ditch Company. with all its appurtenances and warrants the title to the same subject to 1993 taxes due and payable in 1994, and matters of record. 2. Second Party hereby sells and conveys to First Party the following real property in the County of Weld,State of Colorado: Lith- An undivided on cixt�1/6) interest in and to the North Hatt (N1/2) of the Southwest Quarter (SW1/4) of Section Seventeen (17), Township Five (5) North, Range Sixty-four (64) West of the 6th P. M. and water therefor represented by two(2)shares of the capital stock cf The Lower Latham Ditch Company and two (2) shares of the capital stock of The Lower Latham Reservoir Company, and all lateral rights used for carriage of said water to said land evidenced by two and one-half (2 1/2) shares of the capital stock of The Smith Lateral Ditch Company. with all its appurtenances and warrants the title to the same subject to 1993 taxes due and payable in 1994,and matters of record. IN WITNESS WHEREOF, the parties hereto have executed this Exchange Deed this /P ii day of C.G -t;.r , 1993. Dorothy'Blinn-Durham FIRST Sp PARTY *wisp Miller Jrj ali c,N=?h 1) SECOND PARTY STATE OF COLORADO ) ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this f�(th day 8 at 02355566 10/19/93 12:43 00 2/002 • F Y ANN FEDERSTEIN CLERK & REC WELD CO, COof A. D. 1993, by Dorothy J. Dunn-Durham, First Party. Witness my hand and official seal. My Commission expires: ,72 QCJ Div 4 /99z, . • NOTARY PUBLIC STATE OF COLORADO ) ss COUNTY OF WELD j The regomg instrument was acknowledged before me this /e day of (9�i� A D. 1993,by Marian Miller, Second Party. lnahe.; ,.7».<) Witness my hand and official seal. m My Commission expires: , !-Lc- . 3 /f t( ,NOTARY PUBLIC j / • 0 0 .gyp v m a .. c $ o c y n:n a y r ti m 8p u v Y i x 1 ° o p m r w 6 °� N S i 4 Y G W �.7 yy .�q m -o >.m... 11 g. - i a L.m A O'3 .y y.-. "m Y t4O ° L CR a. I. m Lv via 3 °amay'. Co�� °cN �i {C` 55 -�mo .°,3 F AR 0:1 y a C L�>.-Iv m L € t i G l Y Y d I 99 G F . . a o a L r N `m— m. r' c t S ' 3?e Y °'n Ir. •n p '4 G "ro ^t.—....5.t . ... avFmLa t 4s ` c :; CPE rjf °_ .4 g $ a L m ° e w i -, m° y a s l .,•t.w7 m c c - r a c u i ., OF,.c s L Y 4 t c o o [G 5 .-2-0g° 0 Y B niz P W : I Sw as x - yy� re ��z €� \M S r$ ."--2-2%;;v3 ; T. '.27 ' C oa iT3pw you , t y 2 E4- g nv"'w° V''-v. • m u .. ., pc P .. - -5' r r r � •" ; O A3 W G ppm q N `.9Yi vuH u 4L F� >.m ! m ?p., f r O. O y n)3 A -, Ig?.i. •N 1..7 . ° °A w 1 .g ! y [ t .. m �p 3q p $} .go- L. F 0�� rr�� C O 6 13-„ 1 F . ,ay5� .a mO'tY.5 w 0 a n g t L 3 L• • 1 Y %I D 9.• 9 ?u� ! Y m B 3 N 9 �_ ., n .+ c3 yp Ey[S y �p [{ h] G S 3 C{L^+ S > L° 4 u u 9 M.�1 w N h N R L •P i F- -F..2 u O j i F t :P '� V ..y 3 Y C 0 1•.. V S 4 1 S ` I m N tqq� ` g s i Y Y oo m O L 'P. V lit; $ 11 j V C L t �� a if, ..! !! "fa b" RNt° �ry "� a 6 x G�� f ° y > C � •w O Y.... Y J T 1 '1; 1146 N N C m": 3 og m Yr. >. ° ro° °b� 1 y S� 1� x.a ^r. — rr•a Y.�i c$ -, ay.. v mti3.. V q5 y� 1 ��c ;q.�C'�Q (t.iJ yBg S 2y6 u a 3 R.: 00 0 a s 0 _ 0 .ten mi _____ A R2161003 B 1215 EC 02161003 11/04/88 15:50 $3.00 1/001 F 0473 MARY ANN FEUEESTEIN CLERK & RECORDER WELD CO, CO DEED OF DISTRIBUTION BY PERSONAL REPRESENTATIVE '£ T e THIS DEED is made by ROSE A. DUNN, as Personal Representative of the Estate of Harold J. Dunn, Deceased, Grantor, to ROSE A. DU.VN, Grantee, whose address is 27088 Weld County Road 51, Greeley, Colorado 80631. g t WHEREAS, the above-named decedent in his lifetime made and x executed his Last Will and Testament dated July 7, 1975, which Will was duly admitted to informal probate on December 16 , 1987, by the District Court in and for the County of Weld and State of Colorado, Probate No. 87 PR 300 ; and ?- 4 WHEREAS, Grantor was duly appointed Personal Representative r of said Estate on December 16 , 1987, and is now qualified and acting in said capacity; t NOW, THEREFORE, pursuant to the powers conferred upon p F Grantor by CRS 15-1-803 and 15-12-907 of the Colorado Probate , Code, Grantor sells, conveys, assigns, transfers, and releases .- to Grantee the following real property in Weld County, Colorado: z An undivided one-sixth (1/6) interest in and to: Northwestll that part the Half l the Quarter (NW1/4) and the Northeast Quarter (NE1/4) of the Southwest Quarter (SW1/4) of Section Eighteen (18) , Township Five (5) North, Range Sixty-four (64) West of the 6th P.M. , which lies North of the center line of that certain ditch commonly known as the "Smith Lateral," as • same is now established, containing eighty acres, more or less; and the North Half (N1/2) of the Southwest Quarter (SW1/4) of Section Seventeen (17) , Township Five (5) North, Range Sixty-four (64) West of the 6th P.M. , Weld County, Colorado, together with four (4) shares of Lower Letham Ditch Company, four (4) shares of Lower Latham Reservoir Company, two and one-half (2-1/2) shares of Smith Lateral Ditch Company, and two (2) shares of Union Ditch Company with all appurtenances. day of �.- •--bt- A.D. 19 Y� Executed this 07-- Rose A. Dunn, as Personal Repre- sentative of the Estate of Harold J. Dunn, Deceased STATE OF COLORADO ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before AmeDthithis a"` day of 77. ,--...,..1,..4.,_ , A.D. 19 re , by Rose •- P. r=-,:.al Representative of the Estate of Harold J. Dunn, Deceased. Witness my hand and official seal. My Commission expires . c G, /99/ `0�. ' -t1y PUBLIC a :.: _ ,.:-e -<ri st o -z:.t:.., ..eE-c. s�, r.+�. 3. .. ., .>:• . . �.. .,., 1:38Nztig OAY 3 1 teesabiooK16.1.6 &€ 75 ; 4 ShEai ALL MEN BY TRUE PRESENTS, That CLAEEICE E. DUI N, AS TRUSTEE UNDER THE -AST ^ WI1L AND T15TAIWNT OF JCR" T. DUMN, DNCEAElU, of Weld County, State of Colorado, fir the ' '3 oonsideration of Ore Dollar and other good area valuable em»identiuro in hand paid, • , .3 hereby,.4Ama AND COIAETt ''£ 3 An undivided one-half (1/2) interest - to RICKARD C. DDNN, RUTS ARK Qti.6, neo v 1 Ruth Ann Dorm, and WILLIAM J. DU NN; and 1':':: t Cj An undivided one-half (1/2) interest - to WENDELL E. DUN, MARION A. WILIER and 'tor = RAROID J. DUN, . %_- ` ' in and to the following property, situate in the County of Weld, State of Colorado,-town: All that pert of the East Wolf (E}) of the NatMest Quarter (WAS}) and the North- east Quarter (NE2) of the Southwest Quarter (SW') of Section Eighteen (18), Township Five (5) Worth, Range Sixty-four (6h) West of the 6th P. M., which lies North of the center line of that certain ditch commonly known as the "Smith Lateral", as tame is now estab- lished, containing eighty acres, more or least together with water for the irrigation thereof, consisting of two (2) shares of the capital stock of The Lower Lathan Reservoir ?' �'� Company, two (2) shares of the capital stock of The Lower Latham Ditch Company; also, a Orr':.i lateral ditch right esideneed by two end one-half (2i) shares of the capital stock of + ;1 The Stdth Lateral Ditch Company! 1 The eo-rldereti rw for this deed is less than 1100.00 ,a4( with all its soeartewvnces, and warrant the title to the sane, subject to ercurbrances of record. ti -_l Si:-ed and delivered this 29th day d 'oy , A. D. 1962. `e . C' (SEAL) _ ede .`_1 As sXe sisr The Last }Jill And Testanent cf John T. Dunn, Deceased :.' STATE OF coral DO, ) - ) sae . "=, County of Weld. ) > r t_ 1 The foregoing instrument was Acknwledged before me this 29th day of hay F:. A. D. 1962, ter CLAW= E. DUO, AS TRUSTEE MUM TAE AST WILL AC T$TAW'1T r JON‘ T.'-T W't, IDIEASED. `ZII.- _: WIT!tPSS my hand and official. easy. l- 1b' commission expires Mar. 23, ]966. .„-/g/.....,,; // Z� � 2l �, A t' ..S Notary !rubellaMA ;,G %. N . X11 : c •,ewe G 0 II,.; co N s $o o • ill . _ .7 s., , p , oio3• 4 6 aE.F I og: Z o g-. 3 1 4.,, 3" - It .. s—ay a S 111 \ aIQ2 %I -1 ' % ais-_ -Z- ` = Ef1:°fl � � W - h:I o�'i". rte.- -3; = E E = s " off`"`..-.-1 ' O 41-. ayd Igo 8 F ♦ -.O = v u ° ':Al < �— a dEUi1i ac ` a 71 g _ a M\ '3�vW 3 n �� s S - Q - o t a2"=ga N `ul o � z _ _ _S o} N w ��;tom gv�• X E d € _ - E d E �esug° l 6o �a cs $k,«3 apt° 3 V .. - a $ ?� $ e g �8a•- LL1N 'Y ₹ d�.$ v°;o il `i Y " 6 3,`_- a o a K i $ s r u°E'}.i \ I LL W 1 a ,U N ' 7 ' I IL �\; ~ ;` --- CO ``• - ' ate" u s <'_ J �g ego C,C-i---1 ilo ' C ` n �e1 4 '7 . °2221 $N - $e m tM0U,os)I/* -Q1 AlNflo,cram ::11 0 a-` rig. Q1�t. . --.. ..sue — #-- ,,. '1'4.1'2'9:4;7— _ro f��Us cf ;a `r ®ode 5$�g G t "' • " '1 0 g- g1' - mom. w�l?..IDtPi R: &,,....S tom y��7� � • I i �1� Qin nil O a° 3'�E —o` S J F" I. _ E ice o � 5: SVi• 6.? � . K fit. i. P. i Zi ii M la-, Z « 1 ] ,.; ..� 0 a a _14. -tp _ °•• ';, his U ,� ig 3 w I7 • _�.ti .. y.,;..�" . I y I WS -ii- ---4pIN !t" r. 1' I . • }.-'.. g s is : i I I. y; " `�- ,___ — 6 gz.PLC 41f o5 'e �,. m ` IF ` pig, Ytr., Kg: � a$ tfol _a dos € �� at :2 _y„ In o Sit Pi iE 3_ �� _�2wu �_ 2/l8 .m8'TM i Tv�a o e-9rE ci ' o a ItT7 al al °�'` a2: z / 0 ' . Vo ga oo O N ill ill T a - z u u < es M19an c a s a'I 4o yet _ s uW Z a E MOE'w a'°°c —E c _ =as h•: '201. ij_ _.. - • • 4 • ! • allil III. . a _ sew;=; us o u, _:. Ir tu- 1 4 i ((}'s;' 4. .4 , ,.431 ....,, 0 , r_,U....„.._,._:. O r-1 El : ?.. g.7.: O �C` ' J y I'``I wWs m F. t.F, a 1 s: < I -frIlig to "i e' O • df • .',.'.7.-17).;;; r•1 0 N o N OW 3 = ri 'z' • WELD COUNTY HEALTH DEPARTMENT 1517 16TH AVENUE COURT, GREELEY, CO. A0 a1' (970) 353-O635 EXT 2225 FAX (970) 35649'56 • Permit # : SP-9700515 Sec/Twn/Rag: Status: . Permit Type: RNEW C-coamercial, R-residential + NEW, REpair, VauLT Applied: Parcel No: 0963 18 200053 Issued: 02/03/1998 Location: 24250 WCR 58 18-5-64 FinaledalE � 0 3 �99g Legal Desc : LOT B RE-2090 t7 24250 WCR 58 APPLICANT CONESTOGA DEVELOPMENT Phone: (970) 568-3886 P.O. BOX 689, WELLINGTON COLORADO 80549 OWNER SCHMIDT ED & JAN Phone : (970) 356-4108 SEPT-INSTL DOUG SWENSON EXC Phone: (970)481-660 11676 N HWY 287, LAPORTE CO 80535 Description: HOUSE Commercial (Y/N) : N Residential (Y/N) : Y Acres: : 77 . 00 Number of Persons: 2 Basement Plumbing (Y/N) : Y Number of Bedrooms : 3 Bathrooms-> Full : 1 3/4 : 1/2 : • Water Public (Y/N) : Y Utility Name: CENTRAL WELD WATER Water Private (Y/N) : Cistern (Y/N) : Well (Y/N) : Water Permit No: Percolation Rate: < 5 . 0 Limiting Zone : 02 ft 06 in Desc: SAND/GRAVEL % Ground Slope: Dir: Soil Suitable (Y/N) : N Engineer Design Req' d (Y/N) : Y In 100 Yr Flood Plain (Y/N) : N Minimum Installation Septic Tank: 1000 gal Absorption Trench: sq. ft . Absorption Bed: 850 sq. ft. Actual Installation • Septic Tank: MOO gal Absorption Trench: sq. ft. ^ , Absorption Bed: (NO sq. ft. R$}�k.1u ` 1 Design Type: ( 9 t7 01 NOTICE The issuance of this permit does not imply compliance with other state, county or local regulatory or building requirements, nor shall it act to certify that the subject system will operate in compliance with applicable state, county and local regulations adopted persuant to Article 10, Title 25, CRS as amended, except for the purpose of establishing final approval of installed system for issuance of a local occupancy permit persuant to CRS 1973 25-10-111 (2) . This permit is not transferable. The Weld County Health Department reserves the right to impose additional terms and conditions required to meet our regulations on a continuing basis. Final permit approval was contingent upon the final inspection of the completed system by the Weld County Health Department. ig P�\ Environmental Specialist 'WVANA—O • Date SIS 'SEP 03 i9W9a • • WELD COUNTY HEALTH DEPARTMENT 1517 16TH AVENUE COURT, GREELEY CO 1,001j (970) 35_3-O635 EXT 2225 FAX (970) 3564"-9.66,5 Permit # : SP-9700515 Sec/Twn/R Status: ng: � � . Permit Type: RNEW C-commercial, R-residential ♦ NEW: REPair, VauLT Applied: 11/24/1997 Parcel No: 0963 18 200053 Issued: 02/03/1998 Finaled:(rD 03 1948 Location: 24250 WCR 58 18-5-64 Legal Desc: LOT B RE-2090 24250 WCR 58 APPLICANT CONESTOGA DEVELOPMENT Phone: (970) 568-3886 P.O. BOX 689, WELLINGTON COLORADO 80549 OWNER SCHMIDT ED & JAN Phone: (970) 356-4108 SEPT-INSTL DOUG SWENSON EXC Phone : (970) 481-660' 11676 N HWY 287, LAPORTE CO 80535 Description: HOUSE Commercial (Y/N) : N Residential (Y/N) : Y Acres: 7/ . 00 Number of Persons : 2 Basement Plumbing (Y/N) : Y Number of Bedrooms: 3 Bathrooms-> Full : 1 3/4 : 1/2 : Water Public (Y/N) : Y Utility Name: CENTRAL WELD WATER Water Private (Y/N) : Cistern (Y/N) : Well (Y/N) : Water Permit No: Percolation Rate: < 5 . 0 Limiting Zone : 02 ft 06 in Desc : SAND/GRAVEL IT Ground Slope : Dir: • Soil Suitable (Y/N) : N Engineer Design Req' d (Y/N) : Y In 100 Yr Flood Plain (Y/N) : N Minimum Installation Septic Tank: 1000 gal Absorption Trench: sq. ft . Absorption Bed: 850 sq. ft . Actual Installation Septic Tank: t000 gal Absorption Trench: sq. ft . � k� n� , 01.0 Absorption Bed: (0(S0 sq. ft. Design Type : NOTICE The issuance of this permit does not imply compliance with other state, county or local regulatory or building requirements, nor shall it act to certify that the subject system will operate in compliance with applicable state, county and local regulations adopted persuant to Article 10, Title 25, CRS as amended, except for the purpose of establishing final approval of installed system for issuance of a local occupancy permit persuant to CRS 1973 25-10-111 (2) . This permit is not transferable. The Weld County Health Department reserves the right to impose additional terms and conditions required to meet our regulations on a continuing basis. Pinal permit approval was contingent upon the final inspection of the completed system by the Weld County Health Department. g( 1i tooVotb._lotttgo Environmental Specialist [ ate S[S "S EP 0 3 1198 N1/4 COR. .64W. SEC. 18-T.5N.-R.64W. 1P SET & REF. 3 1/4" ALUM. CAP SET & REF. 8-2-1999 A,O,R BY LS4392 ON 7-17-1996 2458.10' M NORTH LINE NW1/4 & WCR 58 N90'00'00"E q WCR NO. #58 N90'00 00"E 1048.26' 1049.30' M247.00' LOT A R. E1/2 NW1/4 30• 40 FUTURE R.O.W. TO REE2090 8-T.5N.-R.64W BE 40' FROM SEC. LINE NOT PART OF ON ESTABLISHED FROM w THIS SURVEY EC. NO. 02197558 COb DED 11-16-1989 SET NO. 6X30" LS28665 v o o WITH 3 1/4" ALUM. CAP 200' BUILDING SETBACK N OM n I.2 IN MON. BOX ' FROM OIL TANK a Nt 0 b N v en 00' N90'00' 0"E CA 150' BUILDING SETBACK RADIUS 247 yi FROM OIL WELL LS 665 150' RADIUS GROSS - 23.110 A.C. \I 200' BUILDING SETBACK CO. RD. ROW - 1 .017 A.C. [FROM OIL TANK NET - 22.093 A.C. \ N90'00'00"E i 7---_____,: 1297.88' ar o m Q N 0 a) N N Ai 3 -3 Acts_ n, m SECTION LINE) 1' 150' BUILDING SETBACK IN ;TOBER 14, 1889 FROM OIL WELL 0 RECORDS. V 0 O 200' BUILDING SETBACK LS7242 FROM OIL TANK 0 30' ACCESS ESMT. 89'12'48"E FOR THE BENEFIT A,U,R OF LOT A & OIL/GAS 330.00' N ao 0 b Q o O GROSS - 51 .677 A.C o 0 0 a) N CO. RD. ROW - 0.810 A.C. z 0 tomNET - 50.867 A.C. 330.00' o \ N89'12'48"W�l 0 LS7242 37 AcRs in La N 150' ire-) 70 A 9 150' BUILDING SETBACK N ro oo FROM OIL WELL DO z m co WCR 49 1/2 PETITIONED FOR A 60 FOOT R.O.W. 30' EACH SIDE OF 1/4 LINE IN DOC. #18890010 ON JULY 19, 1889. APPROVED 10-9-1889 AND DECLARED A PUBLIC HIGHWAY IN BOOK 5, PG. 289 OF WELD COUNTY COMMISSIONERS RECORDS. A,I . 1 (L' SMITH LATERAL 6 -Nei:\ �tt4 S 6��• g5 -5?-° y9 zo SW COR. E 1/2 NW1/4 ‘43.9,00kn SEC. 18—T.5N.—R.64W. \k/ RF.C'05' 3 1 ' ALUM. CAP 0- SEi REF BY LS28665 ON 8-2-1999. 1.90' to 0\14 CTR. SEC. COR. co �p1 SEC. 18-T.5N.-R in 562.10"5.• SET/ REF BY Lp 7-25-1996. REC. NO. 02268775 11-08-1991 J Hello