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HomeMy WebLinkAbout20093461.tiffDEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Don Anderson Inc RE -4928 Planner: J. Hatch-Droulilard Legal Description: Part of the SE4 of Section 34, T7N, R66W of the 6th P.M., Weld County, CO. Parcel ID #: 0707 34 000011 and 0707 34 400031 Lot A Size: 4 +/- acres Lot B Size: 5 +1- acres Lot C Size: 5 +1- acres Lot D Size: 140 +1- acres Water Source: North Weld County Water District Sewer System: Septic Yes No X X X X X Criteria Checklist 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. 2. Compatible with the existing surrounding land uses. 3. Consistent with the intent of the zone district. 4. Consistent with efficient and orderly development. 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. ,: q-3Lf,1 2. The applicant has proposed a well as the source of adequate water. Property owners are advised that the quantity of water available for usage may be limited to specific uses, i.e., "Domestic Use Only," etc. Because each situation is unique, the Department of Planning Services encourages property owners to contact the Office of the State Engineer, Division of Water Resources (1313 Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866-3581), to discuss each individual situation. 3. Topographic or physical features of the proposed Lot, such as ravines, ditches, streams etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. 4. The West Greeley Soil Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on site soils. 5. Prior to recording the plat: The plat shall be titled: Recorded Exemption No. 0707-34-4 RE -4928 CB.) The applicant shall submit to the Weld County Department of Planning Services evidence that any existing septic system meets all requirements of the Weld County Department of Public Health and Environment. The Weld County Department of Public Health and Environment was unable to locate a septic permit for the septic system located at 15681 County Road 74 and 15777 County Road 74. Any existing septic system which is currently not permitted through the Weld County Department of Public Health and Environment will require an I.S.D.S. evaluation prior to the issuance of the required septic permits. In the event the system is found to be inadequate, the system must be brought into compliance with current I.S.D.S. regulations. The applicant shall submit a sketch of the existing septic system in relation to the proposed lot line to the Weld County Department of Public Health and Environment. Evidence of approval shall be submitted to the Department of Planning Services. Lot A shall be the smallest lot. Lots A and D as proposed shall use the existing residential access point as no additional accesses shall be granted. Lots B and C as proposed shall use the existing access point as no additional accesses shall be granted. Lot D shall use the existing agricultural / oil and gas / ditch road access points necessary for agricultural operations as no additional accesses shall be granted. Any persons crossing the property to access another property shall have a separate access agreement and shall be delineated on the plat including the recording number. USR-543 for an oil and gas compressor station shall be delineated on the plat. 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. x County Road 33 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 33 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. County Road 74 is designated on the Weld County Road Classification Plan as a strategic roadway, which requires 140 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. An additional 40 feet shall be delineated on the plat as future County Road 74 right-of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify 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. The applicant shall address the requirements (concerns) of the Weld County Department of Public Health and Environment, as stated in the referral response dated June 9, 2009. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. The applicant shall address the requirements (concerns) of the Weld County Department of Public Works, as stated in the referral response dated May 27, 2009. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. The applicant shall address the requirements (concerns) of the Weld County Department of Building Inspection, as stated in the referral response dated June 10, 2009. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. 1P> The applicant shall address the requirements of Weld County School District RE -2 as stated in the referral response dated June 5, 2009. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. Lots A, B and C shall comply with the one (1) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include reserved road right-of-way. Lot D shall comply with the one -hundred twenty (120) acre net minimum lot size required by Section 24-8-20.C.3 of the Weld County Code. Net acreage calculations should not include reserved road right-of-way. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. T. 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, Lot B and Lot C are not eligible for a future land exemption in accordance with Section 24-8-20.C.3 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 and C have 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 Eaton 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) In the event Weld County or any other governmental authority exercises its right to expand County Road 74 into the rights -of -way noted on this Recorded Exemption and such expansion requires the demolition, destruction, alteration, or taking of any improvements existing on the subject property as of the date this Recorded Exemption is recorded, the owner of the subject property shall be entitled to just compensation as determined in an eminent domain proceeding for such property and its improvements. This requirement shall be binding upon the parties regardless of the legal effect of whether the subject rights -of -way are reserved or dedicated. 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 6. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. 7. 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. 8. 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, Arcinfo Coverages and Arcinfo 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 maosa.co.weld.co.us. 9. 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. By Date July 14, 2009 Jacqueline Hatch-Drouillard Senior Planner Date: Received From:". r WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 918 107" STREET GREELEY, CO 80631 PHONE: 970-353-6100, EXT. 35401 FAX: 970-304-6498 20 I' Receipt No: 15I;43 Permit Type No. Description I ee 4221-RE/SE ) 4/-- /{' 74 ../Z- , Oe) 4221-ZP MH 4221-USR i 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-SUBD [VISIONS 4221 -BOA 4221-FHDP/GHDP 4430 -MAPS / POSTAGE 4430 -COPIES 4730 -INVESTIGATION FEE i 6560 -RECORDING FEE MISC. i-' f l,- OCA:SH CHECK NO. %_: / / Receipted By: _ 7) / TOTAL FEE DL# Exp. WELD COUNTY, COLORADO PARTMENT OF PLANNING SERVICES 918 70TH STREET GREELEY, CO 80631 PHONE: 970-353-6100, EXT. 3540 / FAX: 970-304-6498 Date: ( 20 ) .� Receipt No. Received From: Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR 4221 -SITE PLAN REVIEW 4221 -CHANGE OF ZONE 4221-PU D 4221 -MINOR/MAJOR SUB # OF BUILDABLE LOTS 4221 -ADDITIONAL 30% FEE FOR SUB's 4221 -RE -SUBDIVISIONS 4221 -BOA 4221-FHDP/GHDP 4430 -MAPS / POSTAGE 4430 -COPIES 4730 -INVESTIGATION FEE 6560 -RECORDING FEE ( ',:..: E 1 ./ MISC. `Q CASH ❑ CHECK NQ. TOTAL FEE / Receipted By: s LIX# Exp. #0O1; Wilk COLORADO May 15, 2009 DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 Don Anderson, Inc c/o Ted Carlson 918 13th St Greeley CO 80631 Subject: RE -4928 - A Recorded Exemption located on a parcel of land described as Part of the SE4 of Section 34, T7N, R66W 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 wilt then consider your application and make a final decision on the recorded exemption. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Eaton Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Eaton Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Eaton at 970-454-3338, for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. Sine Jac ueli Planner '5/i3/2009 15:D3 FAI 970 353 0799 AUSTIN & AUSTIN IJDoi DATE: FROM: TO: AUSlineAUStin REAL ESTATE PAX COVER SHEET & Austin & Austin. 916 13th Street Greeley, CO 80631 (970) 353-0790 FAX # (970) 353-0799 FAX # 3QVf, yT" We are transmitting Thank you. NOTE: *4' �G pages, including this cover page. i8 hStreet • (ireele.Colorado 1,-illti:'iI • (970)353.0790 • Fa C0TO)i5'D-t17{I9 SINCE 1909 EA Cr 05/13/2009 15:03 FAX 970 353 0799 AUSTIN & AUSTIN i�002 OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE I, Bernie Buescher, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, DON ANDERSON, INC. is a Corporation formed or registered on 12/31/1958 under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 19871141694. This certificate reflects facts established or disclosed by documents delivered to this office on paper through 05/08/2009 that have been posted, and by documents delivered to this office electronically through 05/I3/2009 ® 13:41:32. I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated, issued, delivered and communicated this official certificate at Denver, Colorado on 05/13/2009 @ 13:41:32 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation Number 7367592. caw jt r ----- Secretary of State of the State of Colorado ***s******** n**r1■*rtes*******MM*k**********End ofCurttflcatew***Resw4MM*******ii***********Vie**wrwp***erit &Um: {Z certl1eatalssxted eiecnwnjfallu from Or Colorado Sectetarxpar g s Web elk is fully and imj'mdiately mild and effrcave. However. as an option, the issuance and validry of a certificate obtained elertmnically may he established by visiting the Certificate Confirmation Page of the Secretary of Slate's Web site, hie://www_saf..ema.coze bt_C idacre$earct,Criteriada entering the Certificate's confirmation number displayed an the certificate, and Allowing the instructions displayed, rmt me f ai a ang nd figgralgyjtaismilta.rjrtrficate, For mare Information, visit our Web she, hip:/fwww,sos.state,caus/ click Business !.'enter and se1CCI "!frequently Asked Questions" Car GS tl Revised aV2 40oa 05/13/2009 15:04 FAX 970 353 0799 AUSTIN & AUSTIN Colorado Secretary of State lmmary ra 003 Page 1 of 1 Summary For this Record... Business Horne Bu'inars Information Business Search FAQ' Glossary e c r^s t� r,.- leilnees Coster ID Number: Name, 19871141694 DON ANDERSON, INC. Registered Agent: Registered Agent Street Address: Registered Agent Mailing Address: BARRY D. ANDERSON 16124 WC.R 74, EATON, CO 80615, United States Principal Street Address: 16124 WCR 74, EATON, CO 80615 , United States Principal Mailing Address. Status: Form: Jurisdiction: Formation Date: Term of Duration: Annual Report Month: Good Standing Corporation Colorado 12/31/1958 Perpetual December You may: • View History and Documents • Obtain Certificate of Good Standing • rile a Document • Set Up Email Notification . Prw[dUa,Psia i Business Center: 303 e94 2200 • Fax: 303 See atom • e.mail: sarjusideasetametatasua Search l Contact us l Privacy statement l rerms of use http://W Wvv,sos.state.co.us/bi7J.BusinessEntityDetail.do?quitButtonDcstination=BusinessEn... 5/13/2009 INTERMILL LAND SURVEYING, INC. 1301 NORTH CLEVELAND AVENUE LOVELAND, COLORADO 80537 Phone: (970) 669-0516 / Fax: (970) 635-9775 Email: intermill@gwestoffice.net LETTER OF TRANSMITTAL DATE: March 24, 2010 PROJECT NO: P-09-6673 TO: Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 RE: RECORDED EXEMPTION NO. 0707-34-4 RE -4928 WE ARE SENDING YOU: ( X ) Delivery ( ) Mail ( ) Fax Page(s) ( X ) Attached ( ) Under Separate Cover THE FOLLOWING ITEMS: Quantity: Description: 2 Paper copies for review ( X ) For your use ( X ) For approval ( X ) Reply requested ( X ) For your files ( ) For signature(s) ( ) Please return originals ( X ) As requested ( X ) For review / comment ( ) Other REMARKS: Please find enclosed 2 paper copies of RE -4928 for review. Please call with any questions or concerns. Sincerely; INTERMILL LAND SURVEYING, INC. Mike Mellman Project Coordinator FIELD CHECK Inspection Date: APPLICANT: CASE #: REQUEST: LEGAL: LOCATION: Don Anderson Inc c/o Ted Carlson with Austin and Austin RE -4928 4 Lot Recorded Exemption Part of the SE4 of Section 34, T7N, R66W of the 6th P.M., Weld County, CO West of and adjacent to CR 33 and north of and adjacent to CR 74. PARCEL ID #: 0707 34 400031 & 0707 34 000011 ACRES: 154 +1- N Zon• Agricultural N E Agricultural E S Agricultural S W Agricultural W Comments: Usr-543 for natural gas compressor station located on far northeast corner of lot. Signature ❑ House(s) ❑ Outbuilding(s) ❑ Access to Property ❑ Crop Productions ❑ Site Distance o Mobile Homes) o Other Animals On -Site o Water Bodies o Ditch o Derelict Vehicles ❑ Non-commercial junkyard (list components) ❑ Irrigation Sprinkler o Crops ❑ Wetlands o Oil & Gas Structures o Wildlife ❑ Utilities On -Site (transmission lines) o Topography Note any commercial business/commercial vehicles that are operating from the site �akt. Witic APPLICATION FLOW SHEET APPLICANT: Don Anderson Inc c/o Ted Carlson with Austin and Austin CASE #: RE -4928 REQUEST: 4 Lot Recorded Exemption LEGAL: Part of the SE4 of Section 34, T7N, R66W of the 6th P.M., Weld County, CO LOCATION: West of and adjacent to CR 33 and north of and adjacent to CR 74. PARCEL ID #: 0707 34 400031 & 0707 34 000011 ACRES: 154 +/- Date By Application Received 5/13/09 Drop off Application Completed 5/14/09 jh Referrals listed Vicinity map prepared File assembled sfli5l a Case logged in computer Letter to applicant mailed 2_ Referrals mailed Field check by DPS staff -) L 0'f t Administrative Review decision: 1 t1 �`)'l 1-1C11.s,��'? 1 11 'i Board of County Commissioners hearing (if applicable) Date by County Commissioners Hearing Date Surrounding property owners notified Presentation prepared CC action: CC resolution received Date By Plat recorded and filed /2 c Vi; // I) j i: t f•) 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_ Panel #080266 C RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED- RECEIPT/AMOUNT # 1$ CASE # ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 0 7 0 7 _ 3 4 _ 4 - 0 0 _ 0 3 1 (12 digit number - found on Tax E.Q. information, obtainable at the Weld County Assessor's Office, or www.co.weld.co.us) Legal Description Pt. S 1/2 lying East of the Lucas Lateral , Section 34 , Township7 North, Range66 West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes No X Is this parcel of land, under consideration, the total contiguous land owned by the applicant? FEE OWNER(S) OF THE PROPERTY: Name: Don Anderson Inc. by Barry Anderson, President Work Phone # 454-2002 Home Phone # Email Address. Yes No X Address: 16124 WCR 74 City/State/Zip Code Eaton, Colorado 80615 APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany all applications signed by Authorized Agent) Name: Ted Carlson Work Phone # 970-381-1499 Address: 918 13th Street City/State/Zip Code Greeley, Colorado 80631 Home Phone # Email Address. TCNOYB@aol.com Lo �9' r Smalle a el Loft � Lot C Lot D Water Source North Weld WD Proposed N. Weld Proposed N.Weld North Weld WD Type of Sewer Septic Proposed Septic Proposed Septic Septic Proposed Use Ag/Res Ag/Res Ag/Res Ag/Res Acreage 5+/- 4+/- 5+/- 140+/ - Existing Dwellings? If Yes, list address below: 15681 WCR 74 If Yes, list address below: No /5:5- 7 04e7010 If Yes, list address below: 34415 erep If Yes, list address below: 115777 WCR 7t-"ar- r' e property is vacant or unimproved write proposed water source and proposed sewer system for each parcel in the blanks above. I �oa pie, if a well and septic is proposed state: proposed well, proposed septic. 3b %a.9 G!`- 33 exam I (We) request that the following described property be designated a Recorded Exemption by the Weld County Board ofCountyCommissioners. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, ed evidenbe included showing the signatory has to legal authority to sign for the corporation. Signatur �f: Owner or Authoriz▪ e▪ d Agent4/7/op Signature: Owner or Authorized Agent Date {4( Proposed Don Anderson Inc. Recorded Exemption 1 (a): North Weld County Water District currently provides domestic water for proposed Lot A and will be providing water for the other proposed Lots. (b) Proposed Lot D will retain all irrigation water rights (Four shares Larimer & Weld, Four shares Windsor) for irrigation of the farm. 2. Proposed Lots B&C will be served by new septic systems installed according to Weld County ISDS requirements if and when homes are built on said lots. Proposed Lots A& D have existing septic systems for each home. 3. The subject property is currently used as a producing agricultural farm. There is no livestock raised on the farm. Proposed Lot A has existing improvements as follows: residence, two detached garages. Proposed Lots B & C have no improvements. Proposed Lot D has One residence & small tool shed, along with oil & gas improvements as delineated on the attached map. In the extreme northeast corner of Proposed Lot D there is a natural gas gathering & processing facility operated by DCP Midstream under a long term land lease from Don Anderson, Inc. entered into in the late 1960's or early 1970's. The Montgomery Lateral Ditch traverses the property from north to south through the middle of the farm and the Lucas Lateral runs from north to south along the west edge of the property. The farm is planted to irrigated crops each year with normal crop rotations of corn, pinto beans, sugar beets, and alfalfa hay. 4. Proposed Lot A will be approximately 5 acres in size and is located along WCR 74 approximately 3/8 mile west of WCR 33 and includes the existing improvements as referenced above.. Proposed Lots B is approximately 3 acres in size and located in the southwest corner of the farm adjacent to Proposed Lot B approximately 1/2 mile west of WCR 33 along WCR 74. Proposed Lot C is located at the intersection of WCR's 33 & 74 and will be approximately 5 acres in size. The parcel is being created for future use as a possible single family homesite but will remain as irrigated farmland in the foreseeable future. Proposed Lot D will remain as an operating flood irrigated farm. 5. The Larimer & Weld Irrigation canal lies along the north boundary of the former Great Western railroad site which is adjacent to the northwest boundary of this property. The Lucas Lateral Ditch lies along the west boundary the farm and the Montgomery Lateral runs from north to south through the middle of the property. 6. Proposed Lot A has existing improvements and no proposed building envelopes are requested for the Proposed Lots B, C, & D.. 7. There are no USR permits or business ventures other than farming associated with the property with the exception of the DCP Midstream facility. C ■ s a W w E sa. W 0 •- o 05 c Ct W ts E =>J c o so E 0 �-a a _ CD 6. C as 0 a ® X -ow 0 0 a 0 L o a E C) x W nc. Recorded Proposed Don Anderson Weld County Treasure Statement of Taxes Due Account Number R5245808 Parcel 070734300030 Assessed To ANDERSON DON INC 16124 COUNTY ROAD 74 EATON, CO 80615 Legal Description Situs Address SW4 34 7 66 EXC BEG W4 COR SEC TH N87D34'E 1391,50' $64D46'E 255.67' S72D08'E 103.86' N88D35'W 1721.24' N0D26'E 39.73' TO POB ALSO EXC DESC STRIP OF LAND 80' THROUGH N2 OF S2 SEC 34 BEG W SIDE SEC 34 S87' OF W4 COR THENCE S85D48E 2332' TO CURVE TO L (R=2864.9') 800' M/L N78D12E 355' CURVE TO R (R-28... Additional Legal on File 15777 74 CR WELD 000000000 Year 2008 Charges Tax Billed $1,402.58 Payments $701,29 Balance $701.29 First Half Due as of 05/04/2009 Second Half Due as of 05/04/2009 $0.00 $701.29 Tax Billed at 2008 Rates for Tax Area 3868 - 3868 Authority WELD COUNTY SCHOOL DIST RE2 NORTHERN COLORADO WATER (NC EATON FIRE AIMS JUNIOR COL HIGH PLAINS LIBRARY Taxes Billed 2008 * Credit Levy Mill Levy 16.804000* 30.149000 1.000000 9.000000 6.323000 3.260000 Amount $354.24 $635.53 $21.08 $189.72 $133.29 $68.72 66.536000 $1,402.58 Values AG -FLOOD IRRRIGATED LAND AG -WASTE LAND FARM/RANCH RESIDENCE -IMPS Total $58,038 $79 $53,120 Actual Assessed $16,830 $20 $4,230 $111,237 $21,080 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 Aye, 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. Signed: Date:v —Oci Weld County Treasure Statement of Taxes Due Account Number R5245908 Parcel 070734400031 Assessed To ANDERSON DON INC 16124 COUNTY ROAD 74 EATON, CO 80615 Legal Description Situs Address SE4 34 7 66 EXC BEG S80' OF E4 COR W500' S160' E500' N160' TO BEG ALSO EXC BEG W1590.13' OF SE COR 15777 74 CR WELD 000000000 OF SEC W165' N285' E165' S285' TO BEG ALSO EXC DESC STRIP OF LAND 80' THROUGH N2 OF S2 SEC 34 BEG W SIDE SEC 34 S87' OF W4 COR THENCE S85D48E 2332' TO CURVE TO L (R-2864.9') 800' M/L N78D12E 355' CURVE.. Additional Legal on File Year 2008 Charges Tax Billed Payments $1,532.99 $766.50 Balance $766.49 First Half Due as of 05/04/2009 50.00 Second Half Due as of 05/04/2009 $766.49 Tax Billed at 2008 Rates for Tax Area 3868 - 3868 Authority WELD COUNTY SCHOOL DIST RE2 NORTHERN COLORADO WATER (NC EATON FIRE AIMS JUNIOR COL HIGH PLAINS LIBRARY Taxes Billed 2008 * Credit Levy Mill Levy 16.804000* 30.149000 1.000000 9.000000 6.323000 3.260000 Amount $387.17 $694.63 $23.04 $207.36 $I45.68 $75.11 66.536000 $1,532.99 Values AG -FLOOD IRRRIGATED LAND AG -WASTE LAND FARM/RANCH RESIDENCE -IMPS Total Actual Assessed $64,026 $18,570 $22 $10 $56,016 $4,460 $120,064 $23,040 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 Treasure Statement of Taxes Due Account Number R0847486 Parcel 070734000011 Assessed To ANDERSON DON INC 16124 CR 74 EATON, CO 80615 Legal Description Situs Address 18683A PT SE4 34 7 66 BEG 1590.13'W OF SE COR OF SEC W165' N285' E165' S285' TO BEG 15681 74 CR WELD 000000000 Year 2008 Charges Tax Billed $1,648.76 Payments $824.38 Balance $824.38 First Half Due as of 05/04/2009 $0.00 Second Half Due as of 05/04/2009 $824.38 Tax Billed at 2008 Rates for Tax Area 3868 - 3868 Authority WELD COUNTY SCHOOL DJST RE2 NORTHERN COLORADO WATER (NC EATON FIRE AIMS JUNIOR COL HIGH PLAINS LIBRARY Taxes Billed 2008 * Credit Levy Mill Levy 16.804000* 30.149000 1.000000 9.000000 6.323000 3.260000 Amount Values $416.42 SINGLE FAM.RES.-LAND $747.08 SINGLE FAM.RES- $24 78 IMPROVEMTS $223.02 Total $156.68 $80.78 66.536000 $1,648.76 Actual Assessed $84,000 $6,690 $227,211 $18,090 $311,211 $24,780 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 Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R5245908 Tax Area: 3868 Acres: 146.423 Township Range Section Ouart. Sec. 07-66-34-4 Owners Name & Address: ANDERSON DON INC 16124 COUNTY ROAD 74 EATON, CO 80615 Business/Complex: Sale Date Sale Price $0 Parcel#: 070734400031 Bordering County: Subdivison Name Block# Lot# Property Address: Street: 15777 74 CR City: WELD Sales Summary Deed Type Legal Description Reception # SE4 34 7 66 EXC BEG 580' OF E4 COR W500' 5160' E500' N160' TO BEG ALSO EXC BEG W1590.13' OF SE COR OF SEC W165' N285' E165' 5285' TO BEG ALSO EXC DESC STRIP OF LAND 80' THROUGH N2 OF S2 SEC 34 BEG W SIDE SEC 34 S87' OF W4 COR THENCE S85D48E 2332' TO CURVE Land Type Agricultural Agricultural Agricultural Land Subtotal: Bldg# 1 Abst Code 4117 4167 4117 Property Type Residential Improvements Subtotal: Total Property Value Account#: R5245908 Owners Name & Address: ANDERSON DON INC 16124 COUNTY ROAD 74 EATON, CO 80615 Building# 1 Land Valuation Summary Unit of Number of Measure Units Acres 7.854 Acres 3.98 Acres 134.589 Actual Value 246.423 $72,458 Buildings Valuation Summary Building Details Property Type Residential Actual Value $61,201 $133,659 Property Address: Street: 15777 74 CR City: WELD Assessed Value $21,020 Assessed Value $4,870 $25,890 Parcel#: 070734400031 http://maps2.merrick.corn/Website/Weld/setSql.asp?cmd=QUERY&DET—PP&pin=07073... 5/14/2009 Identify Results Page 2 of 2 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Ranch 1 Story Frame Hardboard Plaster 1 1 0 Individual Built As Detail Year Built: HVAC: Built As SQ Ft: Roof Type: Roof Cover: 1910 None 704 Composition Shingle Units: 0 Detached SQ Ft: Finished SQ Ft: http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=07073 ... 5/14/2009 Identify Results Page 1 of 2 WELD COUNTY ASSESSOR Account#: R0847486 Tax Area: 3868 Acres: 1 Township Range Section Quart. Sec. 07-66-34-0 Owners Name & Address: ANDERSON DON INC 16124 CR 74 EATON, CO 80615 Business/Complex: Sale Date PROPERTY PROFILE Bordering County: Subdivison Name Block# Lot# Sale Price $0 Property Address: Street: 15681 74 CR City: WELD Sales Summary Deed Type Legal Description Reception # Parcel#: 070734000011 ARIMMO 18683A PT SE4 34 7 66 BEG 1590.13'W OF SE COR OF SEC W165' N285' E165' 5285' TO BEG Land Type Residential Land Subtotal: Bldg# 1 Abst Code 1112 Property Type Residential Improvements Subtotal: Total Property Value Account#: R0847486 Owners Name & Address: ANDERSON DON INC 16124 CR 74 EATON, CO 80615 Building# 1 Built As: Exterior: Land Valuation Summary Unit of Number of Measure Units Acres 1 1 Buildings Valuation Summary Building Details Property Type Residential Actual Value Assessed Value $84,000 $6,690 Actual Value $244,177 $328,177 Property Address: Street: 15681 74 CR City: WELD Individual Built As Detail Ranch 1 Story Year Built: Frame Masonry Veneer HVAC: Assessed Value $19,440 $26,130 Parcel#: 070734000011 1914 Hot Water Baseboard http://maps2.merrick.com/W ebsite/Weld/setSgl.asp?cmd=QUERY&DET=PP &pin=07073 ... 5/14/2009 Identify Results Page 2 of 2 Interior Finish: Plaster # of Baths: 1 # of Bdrms: 3 # of Stories: 1 Rooms: 0 Garage: Attached SQ Ft: Basement: Total SQ Ft: 0 Built As SQ Ft: 2137 Roof Type: Roof Cover: Composition Shingle Units: 0 Detached SQ Ft: 360 2137 Finished SQ Ft: 601 http://maps2.merrick.com/Website/We1d/setSgl.asp?cmd=QUERY&DET=PP&pin=07073... 5/14/2009 REFERRAL LIST Name: Don Anderson Inc County _Attorney x Health Department _Extension Office _Emergency Mgt Office - Ed Herring Sheriffs Office x Public Works _Housing Authority _Airport Authority x Building Inspection x Code Compliance Ann Kim Ogle (Landscape Plans) _Lin (Addressing Change of Zone) Ambulance Services State _Div. of Water Resources _Geological Survey _Department of Health _Department of Transportation Historical Society _Water Conservation Board Oil & Gas Conservation Commission Division of Wildlife _South Hwy 66 (Loveland) x North Hwy 66 (Greeley) _Division of Minerals/Geology Soil Conservation Districts _Big Thompson/ FTC _Boulder Valley/Longmont Brighton/SE Weld Centennial x Greeley/West Greeley _Platte Valley West Adams _Little Thompson Federal Government Agencies _US Army Corps of Engrs USDA -APHIS Vet Service _Federal Aviation Admin (Structures over 200 ft or w/in 20000 ft of Pub Airport Federal Communications Comm Towns & Cities Ault Berthoud Brighton Dacono x Eaton Erie Evans Firestone _Fort Lupton Frederick Garden City Gilcrest _Greeley Grover Hudson Johnstown _Keenesburg _Kersey LaSalle Lochbuie _Longmont _Mead Milliken New Raymer _Northglenn Nunn Pierce Platteville Severance Thornton Windsor Counties Adams Boulder Broomfield Larimer Other x School District RE - x NWCWD RR _Ditch Company Art Elmquist (MUD Area) se #: RE -4928 Fire Districts Ault F-1 Berthoud F-2 _Briggsdale F-24 _Brighton F-3 x Eaton F-4 Fort Lupton F-5 Frederick Galeton F-6 Hudson F-7 Johnstown F-8 LaSalle F-9 Mountain View F-10 Milliken F-11 Nunn F-12 Pawnee F-22 Platteville F-13 _Platte Valley F-14 _Poudre Valley F-15 Raymer F-2 ^Southeast Weld F-16 _Union Colony F-20 _Wiggins F-18 Windsor/Severance F-17 Commissioner Name: REFERRAL LIST .,ase #: F-6 Count Attomey Health Department Extension Office _Emergency Mgt Office - Ed Herring Sheriffs Office i/Public Works _Housing Authority _Airport Authority ' .Building Inspection Code Compliance _S. -Beth 4Tl-Ann Kim Ogle (Landscape Plans) -, _Lin (Addressing Change of Zone) Ambulance Services State Div. of Water Resources _Geological Survey . Department of Health Department of Transportation _Historical Society Water Conservation Board Oil & Gas Conservation Commission Division of Wildlife South Hwy 66 (Loveland) North Hwy 66 (Greeley) Division of Minerals/Geology Soil Conservation Districts _Big Thompson/ FTC _Boulder Valley/Longmont _Brighton/SE Weld Centennial LMGreeley/West Greeley atte Valley West Adams _Little Thompson Federal Government Agencies _US Army Corps of Engrs _USDA -APHIS Vet Service Federal Aviation Admin (Structures over 200 ft or w/in 20000 ft of Pub Airport Federal Communications Comm Towns & Cities ,2 _Ault Berthoud _Brighton Dacono jEaton Erie Evans Firestone Fort Lupton Frederick Garden City Gilcrest _Greeley Grover Hudson Johnstown Keenesburg Kersey LaSalle Lochbuie _ _Longmont Mead Milliken New Raymer _Northglenn Nunn Pierce Platteville Severance Thornton Windsor Counties Adams Boulder Broomfield _Larimer C 4vv . r- Fire Districts Ault F-1 Berthoud F-2 _Briggsdale F-24 r _ Brighton F-3 i^.N.Eaton F-4 Fort Lupton F-5 lGaieton F-6 Hudson F-7 Johnstown F-8 LaSalle F-9 Mountain View F-10 Milliken F-11 Nunn F-12 Pawnee F-22 Platteville F-13 Platte Valley F-14 Poudre Valley F-15 _Raymer F-2 _Southeast Weld F-16 _Union Colony F-20 _Wiggins F-18 _Windsor/Severance F-17 Legal h.. 3 ParcellD# O# )c 7 `-toC::'( Zone ► - y Acres? ( 5-11 USDA Airport Geo Haz FP? !. Panel # IGA? "••1' - ORD # MUD? s,y they _School District RE-), G Central Colo. Water Conservancy Dist RR _Ditch Company, Art Elmquist (MUD Area) L✓Ar+n^ Il ' J %I�tw Commissioner 1't ii c Weld County Referral May 15, 2009 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Don Anderson Inc Case Number RE -4928 Please Reply By June 15, 2009 Planner Jacqueline Hatch Project Four Lot Recorded Exemption Legal Part of the SE4 of Section 34, T7N, R66W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 33 and north of and adjacent to CR 74. For a more precise location, see legal. Parcel Number 0707 34 400031 & 0707 34 000011 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does /does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature Agency -'frop-sPL ❖Weld County Planning Dept. +4209 CR 24.5, Longmont, CO 80504 O(720) 652-4210 ext.8730 6•(720)652-4211 fax 4401, COLORADO June 10, 2009 Don Anderson Recorded Exemption RE -4928 DEPARTMEN i OF PLAN NINSERVICES BUILDING INSPECTION NORTH OFFICE 918 10th GREELEY, COLORADO 80631 PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 1. Building permits shall be obtained prior to the construction or change of use of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements 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 or water for watering or washing of livestock or poultry. 2. A plan review is required for each building except for buildings that meet the definition of Ag Exempt buildings. Plans may require the wet stamp of a Colorado registered architect or engineer. 3. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 2006 International Residential Code; 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International Fuel Gas Code; 2006 International Energy Conservation Code; 2008 National Electrical Code and Chapter 29 of the Weld County Code. 4. Each building will require an engineered foundation based on a site -specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. 5. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by the Zoning Ordinance. 6. Building height shall be measured in accordance with the 2006 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. 7. Provide letter of approval from Eaton Fire Protection District prior to new residential construction. Frank Piacentino Plans Examiner 6- 5-09; 8:16AM;Eaton School Dist. ;9704545193 # 2/ 3 '41•4 Wine COLORADO RECEIVED MAY 1 9 2009 Weld County Referral May 15, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Don Anderson Inc Case Number RE -4928 Please Reply 8y June 15, 2009 Planner Jacqueline Hatch Project Four Lot Recorded Exemption Legal Part of the SE4 of Section 34, T7N, R66W of the 6th P.M., Weld County, Colorado, Location West of and adjacent to CR 33 and north of and adjacent to CR 74. For a more precise location, see legal. Parcel Number 0707 34 400031 & 0707 34 000011 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. We have reviewed the request and find that it does /does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature Agency fi7S1]i l�nl S lli`tI:-lol c "JUN)7 Date +Weld County Planning Dept. +4209 CR 24.5, Longmont, CC 80504 O(720)652-4210 ext.8730 +(720)652-4211 fax 6- 5-09; 8:16AM;EatOn School Dist. ;9704545193 # 3/ 3 EATON SCHOOL DISTRICT RE -2 Dr. Randy Miller Superintendent (97O) 454-3402 (970) 454-5193 Fax June 5, 2009 Jacqueline Hatch Weld County Planning Department 918 10th Street Greeley, CO 80631 RE: Don Anderson Inc. Recorded Exemption RE -4928 200 Park Avenue Eaton, Colorado 80615 Jacqueline Hatch: We have reviewed the above applicant's request. The Eaton School District has a process in place addressing growth within the District. The School District has adopted a methodology to determine a cash -in -lieu payment for residential development within the District in order to provide adequate educational opportunities as a result of that development. The cash -in -lieu payment per dwelling lot is $1,O43 for a total of $2,086 for this recorded exemption. Payment should be hand delivered or mailed to Eaton School District, 200 Park Avenue, Eaton, Colorado 80615. A receipt will be mailed to the applicant and a copy to the Weld County Planning Department. Please contact me if you have any questions. Sincerely, Timothy Unrein Assistant Superintendent Business Services Eaton School District RE -2 Enc. Date Paid Amount Check # Received By Weld County Referral May 15, 2009 MAY 18 2009 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Don Anderson Inc Case Number RE -4928 Please Reply By June 15, 2009 Planner Jacqueline Hatch Project Four Lot Recorded Exemption Legal Part of the SE4 of Section 34, T7N, R66W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 33 and north of and adjacent to CR 74. For a more precise location, see legal. Parcel Number 0707 34 400031 & 0707 34 000011 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature Agency 5 ZZ-O7 Date :•Weld County Planning Dept. +4209 CR 24.5, Longmont, CO 80504 ❖(720) 652-4210 ext.8730 +(720)652-4211 fax WELD COUNTY ROAD ACCESS INFORMATION SHEET Road File #: RE#: Other Case #: 1. Applicant Name Don Anderson Inc. Address 16124 WCR T4 2. Address or Location of Access Section 34 Township _ 7 Range 66 Subdivision Block Lot Weld County Road #: 74 & 11 Side of Road Ns, w Distance from nearest intersection 3. Is there an existing access(es) to the property? Yes X No # of Accesses 8 Date: Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-6497 Phone 454-2002 City Eaton State CO Zip 80615 4. Proposed Use: XI Permanent ® Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential O&G = Oil & Gas D.R. = Ditch Road = House O = Shed Ni *************************************** SEE ATTACHED DIAGRAM 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: wclo eetiMy Mantling Depetlf OliEkl Y QFF1Cly 111k COLORADO MEMORANDUM tost 2 f5nn RECEIVED TO: Jacqueline Hatch, Planning Services DATE: May 27, 2009 FROM: Donald Carroll, Engineering Administrator SUBJECT: RE -4928, Don Anderson Inc. dub The Weld County Public Works Department has reviewed this proposal. Sta comments made during this phase of the process may not be all-inclusive, as other concerns or issues ay arise during the remaining application process. Issues of concern must be resolved with the Public Work Department. Our comments and requirements are as follows: COMMENTS: Weld County Strategic Roadway: (December 2002) WCR 74 is classifies Roadway, which requires a 140 -foot right-of-way at full build out. There is pi This road is maintained by Weld County. Pursuant to the definition of SETBA (23-1-90), the required setback is measured from the future right-of-way line. (V 37, 49 and 74) Weld County Road Classification Plan (FHU): (June 2002) WCR 33 is a col foot right-of-way at full build out. There is presently a 60 -foot right-of-way. TI County. Pursuant to the definition of SETBACK in the Weld County Zoning (2: measured from the future right-of-way line. REQUIREMENTS: Road Access Policy: (Policy Established Sec. 8-2-10) Direct access from a public road will be limited to one (1) per legal parcel, exce by zoning or subdivision regulations. Additional accesses may be approve Works or the Board of County Commissioners. This policy shall apply to all ne the unincorporated areas of the County. Properties within municipalities o County roads are subject to this policy. (Lot C) If a drainage culvert is required, a 15 -inch corrugated metal pipe is the County' the applicant chooses to place a larger culvert, please contact the Public Works your culvert. (Lot C) Utilize the existing access for residential use to this parcel. (Lot A) Utilize the existing access to this parcel. (Lots B and D) Utilize the existing agricultural, oil and gas, and ditch roads that are necessary f Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious become established as a result of the proposed development, the applicant/lan controlling the noxious weeds. All other vegetation, other than grasses, need height of 12 inches until the area is completely developed. by the County is a Strategic sently a 60 -foot right-of-way. K in the Weld County Zoning CRs 7, 9.5, 11, 13, 22, 24, 27, ector road and requires an 80 - is road is maintained by Weld -1-90), the required setback is as further limited or restricted by the Department of Public and existing accesses within other counties which access minimum size requirement. If Department to adequately size r your agricultural operation. eeds exist on the property or owner shall be responsible for be maintained at a maximum No additional private residential accesses shall be allowed onto roadways classil share the access point already in existence. Access to new parcels may be o easement across the involved parcels to connect with existing points of access public non -arterial roadways. (Lots A, B, and D) led as arterial. A parcel shall tained by a mutual reciprocal or by connection to adjacent A local residential/agricultural access shall be a minimum distance of 75 feet fliom an intersection county or state roadway and 150 feet for a commercial type use. (Lot C) Flood Hazard Development Standards: This area is not in a Special Flod Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). Lot C shall access from WCR 33 only. pc: RE -4928 M:\PLANNING - DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-4928. DOC 4'Arn COLORADO Memorandum TO: Jacqueline Hatch, W.C. Planning DATE: June 9, 2009 FROM: Lauren Light, W.C. Department of Public Health and Environment CASE NO.: RE -4928 NAME: Anderson, Inc. Environmental Health Services has reviewed this proposal to exempt 3 lots off of a 154 acre parcel. Proposed Lots A and C will be 5 acres in size, proposed lot B will be 4 acres in size and proposed Lot D will be 140 acres in size. There are existing residences on proposed Lots A and D which are served by North Weld County Water District and an individual sewage disposal system. This office does not have septic permits on file for either residence. Any existing septic system which is not currently permitted through the Weld County Department of Public Health & Environment will require an I.S.D.S. Evaluation prior to the issuance of the required septic permit. In the event the system is found to be inadequate, the system must be brought into compliance with current I.S.D.S. regulations. Proposed Lots B and C are vacant and a new sewage disposal system and a tap from North Weld Water District will be installed on each lot when a residence is constructed. The following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed homes septic systems and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Please note, the lot owners shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sewer line. In accordance with the Weld County Code, if a sewer line exists within 400 feet of the property and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. 2. All septic systems located on the property shall have appropriate permits from the Weld County Department of Public Health & Environment. The Environmental Health Division of the Weld County Department of Public Health & Environment was unable to locate septic permits for the septic systems located at 15681 CR 74 and 15777 CR 74. Any existing septic system which is not currently permitted through the Weld County Department of Public Health & Environment will require an I.S.D.S. Evaluation prior to the issuance of the required septic permit. In the event the system is found to be inadequate, the system must be brought into compliance with current I.S.D.S. regulations. 3. All septic systems must be located on their respective lots and meet all lot line set back requirements. Provide a drawing of the septic system, with dimension and distances from lot lines, to W.C. Department of Public Health and Environment for verification of setbacks. Additionally, please note the following: 1. Topographic or physical features of the proposed lot, such as ravines, ditches, streams, etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Division recommends that the applicants review the County Code pertaining to Septic Systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may be need to be enlarged. fg*:; IDc. COLORADO Weld County Referral May 15, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Please Reply By June 15, 2009 Project Don Anderson Inc Case Number RE -4928 Legal Location Four Lot Recorded Exemption Planner Jacqueline Hatch Part of the SE4 of Section 34, T7N, R66W of the 6th P.M., Weld County, Colorado. West of and adjacent to CR 33 and north of and adjacent to CR 74. For a more precise location, see legal. Parcel Number 0707 34 400031 & 0707 34 000011 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. We have reviewed the request and find that it does / does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: U%`" ' ' �L„t yco u ) C2./7[Y t1-7,44.4 11ikPt p /24)49e1/ Signature Agency 5-15-6? Date +Weld County Planning Dept. +4209 CR 24.5, Longmont, CO 80504 +(720) 652-4210 ext.8730 +(720)652-4211 fax (fit :411 COLORADO Weld County Referral May 15, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Don Anderson Inc Case Number RE -4928 Please Reply By June 15, 2009 Planner Jacqueline Hatch Project Four Lot Recorded Exemption Legal Part of the SE4 of Section 34, T7N, R66W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 33 and north of and adjacent to CR 74. For a more precise location, see legal. Parcel Number 0707 34 400031 & 0707 34 000011 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature Agency Date +Weld County Planning Dept. +4209 CR 24.5, Longmont, CO 8O504 +(720) 652-421O ext.8730 +(72O)652-4211 fax Applicant: Don Anderson Inc. Planner: Jacquline Hatch to N D O O c U a) a) rn CD C7 U) a) 3 cs • c co.� o - O CNI 71D I O - WI O Ci a) c N C0 U) 0 1 O z a) > a) a) ru) _ 1 N O O dJ N O aa ) O. a) O C) O a) o 0- E c Co o c � O T G O Ca a) > C O L 0 G Co O U al O Q O � .- 8. a, .� v O 'N N a) �N a) 2)l t ) (ow a) 0E 0 LL 13 J I I I J` C O C� ca a 0 ca a m O .mac 0 CC C] w C ') NO CO O E a) 0 O 2(I) ico Q C C CJ 0 �,U C+s 11) U l> a) a”) 2 c0.) u —17) N a0 I 0 0 1 CD (0 — I. v Ta IF, -O 0 Produced by the West Greeley Conservation District 05/26/2009 07:17 970-395-0997 NORTH WELD WATER PAGE 01/01 Vine COLORADO RECEIVED MAY 19Ee Weld County Referral May 15, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Please Reply By Project Legal Location Parcel Number Don Anderson Inc Case Number RE -4928 June 15, 2009 Four Lot Recorded Exemption Planner Jacqueline Hatch Part of the SE4 of Section 34, T7N, R66W of the 6th P.M., Weld County, Colorado. West of and adjacent to CR 33 and north of and adjacent to CR 74. For a more precise location, see legal. 0707 34 400031 & 0707 34 000011 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. We have reviewed the request and find that it does /does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests, See attached letter. Comments; Signature Agency /ier,v WA& dy e Qrsxe,e r S-2/-Ln Data +Weld County Planning Dept. 44209 CR 24.5, Longmont, CO 80504 0(720) 652-4210 ext,8730 0(720)652-4211 fax AOtt 40. ''°‘`�y111111 O 0 , Weld County Referral l � May 15, 2009 14. ,9 COLORADO The Weld County Department of Planninigt ices has received the following item for review: Applicant Don Anderson Inc Case Number RE -4928 Please Reply By June 15, 2009 Planner Jacqueline Hatch Project Four Lot Recorded Exemption Legal Part of the SE4 of Section 34, T7N, R66W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 33 and north of and adjacent to CR 74. For a more precise location, see legal. Parcel Number 0707 34 400031 & 0707 34 000011 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. Comments: Signatui Agency TOWN OF EATON Date 223 first Street Eaton, CD 80615-3479 +Weld County Planning Dept. ❖4209 CR 24.5, Longmont, CO 80504 +(720) 652-4210 ext.8730 4*(720)652-4211 fax a�o-�rra�m�a�,x�a�srti�amt�w��� .W..r�,.,.... �.«�,.�,...� USR-829 home bus ess - stainA„lass CERTIFICATE OF CONVEYANCES STATE OF COLORADO COUNTY OF WELD WELD COUNTY DEPARTMENT OF PLANNING SERVICES Lawyers Title Insurance Corporation 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 That portion of the Southeast 1/4 of Section 34, Township 7 North, Range 66 West of the 6th P.M. described as beginning 1,590.13 feet West of the Southeast corner of said Section 34; thence West 165 feet; thence North 285 feet, thence East 165 feet; thence South 285 feet to the Point of Beginning, County of Weld State of Colorado. CONVEYANCES (If none appear, so state): Reception No. 1475601 Book 554 Informational only: /Reception No. 115473 Book 1313 Page 143 This certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be construed as an Abstract of Title, Opinion of Title or a Guarantee of Title and the liability of Lawyers Title Insurance Corporation is hereby limited to the fees paid for this Certificate. In Witness Whereof, Lawyers Title Insurance Corporation, has caused this Certificate to be signed by its proper officer this 30 day of March, 2009 at 7:00 am. Order No. 52-0004820 By Lawyers Title Insurance corporation cr LU-Ok-Q- D Authorized Sig 554 N0V I2 1965 to -comic, ea?: 57' n<txX...t ear.. J 4751;0 t 1500a'+'�=�+ Axo�_.lce 1yL r� } EXECUTOR'S DEED a � THIS INDENTURE, Made this a` day of November, in the year • of Our Lord One Thousand Nine Hundred and Sixty-five, between The • First National Bank of Greeley, Colorado, as Executor of the Estate of Ralph J. Eaton also known as Ralph James Eaton, Deceased, ;N party of the first part, and Don Anderson, Inc., a Colorado corp- N oration, of the County of Weld and State of Colorado, party of 0 the second part, WITNESSETH THAT Whereas, in the County Court of tho County of Weld and the State of Colorado on the 26th day of November, 1962, the Last Will and Testament of Ralph J. Eaton also known as Ralph James Eaton, Deceased, was duly admitted to probate. And Whereas, said Last Will and Testament provides in part as follows: MIiiilllillllili 9t£00 ARTICLE IX Without intending to name all of the powers and authority granted to my Executrix and Trustee designated herein, and its successors, in addition to those customarily allowed to Executors and Trustees, I grant unto each my Executrix and Trustee all rights, authority, power and freedom of action.... Without limiting this authority ...my Executrix and Trustee are each hereby specifically invested with full discretionary authority; ...(b) To sell, mortgage, lease or pledge ail estate and trust assets (real, personal, and mixed) in such manner as they deem advisable, including the right to grant options for the same; in particular, I wish to grant these powers with regard to my farm; however, in exercising this discretionary power they shall consider but not be controlled by the fact that it is my desire that my wife be enabled to live in Ind occupy the house now used by us as a residence so loig as she may live; and if it is at all practical, in their discretion, it is my wish that the rest of the farm he sold separately from the house and adjoining yard area and that said house and yard be retained by them during my wife's life- time;... O034G2 le olio Now, Therefore, this Indenture witnesseth, that the said party of the first part, in consideration of the premises, and in the further consideration of the said sum of $100.00 and other good and valuable consideration to it in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, has �r S O '7•L.-^". 552 14'7 5 Gi71 - sold and conveyed, and by these presents does sell and convey unto the said party of the second part, its heirs, assigns and successors, all the right, title and interest which the said Ralph J. Eaton also known as Ralph James Eaton had, in his life- time and at the time of his death, in and to the following des- cribed parcel of land situate in the County of Weld, State of Colorado, to -wit: All that part of the South Half (S 1/2) of Section Thirty-four (34), Township Seven (7) North, Range Sixty-six (66) West of the 6th P.M., lying south of the right of way of the Great Western Railway Company, except that part thereof Conveyed to The W. J. Small Company, Inc. by deed recorded in Boo'- 1313, Page 143, of the Weld County Records, together with 140 acre feet of water pursuant to the Petition and Order of the Northern Colorado Water Conservancy District as that Petition and Order appears in Book 1418, Page 190, of the Weld County Records. To Have and to Hold the Same, With all the appurtenances there- unto belonging, or in any wise appertaining, to the proper use, benefit and behoof of the said party of the second part, its heirs, assigns and successors forever, subject however to the following: 1965 taxes due and payable in 1966; County roads right of ways; res- ervations and exceptions contained in United States Patents; ease- ments and right of ways of record, as set forth in instruments re- corded in Book 221, Page 209, in 800i 221, Page 210, in Rook 228, Page 46, Weld County Records; right of way for the Home Light and Power Company; right of way of the Great Western Railway Company; Agreement recorded November 19, 1932, in Book 939, Page 336, Weld County Records; subject to the lien for taxes of the Northern Colo- rado Water Conservancy District, the Eaton Fire Protection District, and the North Weld County Water District. Said conveyance .s Subject also, to a life estate as follows: That during the lifetime of Beulah Baird Eaton, the widow of Ralph J. Eaton also known as Ralph James Eaton, the grantor and its suc- cessors do retain the occupation, possession and control of the following described property: A parcel of land in the Southeast Quarter (SE i/4) of Section 34, Township 7 North, Range 66 West of the 6th Principal Meridian, Weld County, Colorado, and being more -sarticularly described as follows: Commencing at the southeast corner of said Section 34 and considering the South line of said Section 34 to bear North 900 00' 00" West and with all other bearings described herein relative thereto; Thence North 900 00' 00" West along the South line of said Section 34, a distance of 1,590.13 feet to the True Point of Beginning; Thence continuing along the South line of said Section 34, North 90° 00' 00" West, a distance of 165.00 feet; Thence North 00° 00' 00" East, a distance of 285.00 feet; Thence North 90° 00' 00" East, a distance of 165,00 feet; Thence South 00°00' 00" East, a distance of 285,00 feet to the 'True point of Beginning; Said parcel of land containing 1.08 acres more or less. Said life estate shall be subject to the right of ingress and egress on all driveways situated in the tract of land described in the life estate. Grantee and its successors agree that grantee shall allow the life tenant the privilege of using sufficient irrigation water to irrigate the lawn located on the property described in the life estate; and further agrees that the grantee will not build or con- struct, during the existence of the life estate, any feed lots nearer to the property constituting the life estate than feed lots now in existence on adjacent farms. IN WITNESS WHEREOF the said party of the first part, as Executor of said estate as aforesaid, has hereunto set its hand and seal the day and year first herein above written. The First National Bank of Greeley, Colorado, Executor of the Estate of Ralph J. Eaton also known as Ralph James Eaton, Deceased By / 'Oddly s . •ieker, Trust Officer and Vice President STATE OF COLORADO ) ) ss. COUNTY OF WELD ) Acknowledged, subscribed and sworn to before me this / day of November, 1965, by Louis C. Rinker, Trust Officer and Ti. - President of The First National Bank of Greeley, Colorado, Executor of the Estate of Ralph J. Eaton also known as Ra,lph,,,,James Eaton, Deceased. .-... . ' f°cY ': Witness my hand and seal. 4. v: �• 'c' 41 s0 My commission expires: (;y uGmmi:e n etc'-uiij r iigF, - - ary WARRANTY DEE o 1313 fAu143. 11537.3 KNOW ALL MEN BY THESE PRESENTS, That RALPH J. EATON and BEULAH B. EATON, his wife, of the County of Weld, and State of Colorado, for the consideration of One Dollar and other consideration in hand paid, hereby sell and convey to THE W. J. SMALL COMPANY, INC., a Kansas corporation, hiving a place of business in the County of Weld, and State of Colorado, the following real property, situate in the bounty of Weld, and State of Colorado, to -wit: A tract of land in the SRI of Section 3, Township '7 North, of Range 66 West of the 6th P.M., beginning at a point on the Section line 80.feet South of the East corner to Section 31+, said point or place of beginning also being on the South boundary line of Great Western Railroad right of way; thence westerly along said railroad right of way, 500 feet; thence Southerly parallel to the East line of Section 314, 160 feet; thence Easterly, parallel to said railroad right of way, 500 feet to the East line of said Section 34.; thence Northerly along said Section line to place of beginning. with all its appurtenances, and warrant the title to the same. The land hereby conveyed shall be used by the grantee, its successors and assigns, for the manufacture and/ or processing of alfalfa meal, cereal grasses, other agricultural products and feeds for animals and fowls, and for the storage and sale thereof, and for no other purposes. In the event said land is abandoned by the grantee, its successors and assigns, or used exclusively for other purposes, then title thereto shall revert to grantor herein, or his heirs, with- out cost or obligation of the grantee, its successors or assigns. It is agreed that said businesses are seasonal in nature and continued operation thereof dependent upon the elements and that any abandonment of the premises must exist for two years before title shall revert to grantor, or his heirs. After aban- donment of the land, or reversion of title, as afore- said, the grantee, its successors and assigns, may remove therefrom all buildings, improvements and equipment placed thereon by them. The grantee, its successors and assigns, shall in- stall dust collecting equipment to prevent, so far as is reasonably possible, the escape of dust and odors in unreasonable and excessive quantities from its installations on the land and the creation of a public ruisance in the immediate vicinity thereof. Signed and delivered.thl8 A.D. 1951. • In the presence of STATE OF COLORADO ) ) COUNTY OF WELD ) The foregoing in` trument was acknowledged before me this .2 day of , 1951, by Ralph3. haton and Beul: 'e�ton, 18 wife, �;� .-f.,rnass my hand -end official seal l1O uah fan expires i 1y 44Nocary c BOARD OF DIRECTORS CHARLES ACHZIGER RALPH PRIOR JOHN JOHNSON CE BUCK RiNEHART NELS NELSON April 20, 2009 Don Anderson, Inc. 16124 WCR 74 Eaton, CO 80615 Ted Carlson 918 13th Street Greeley, CO 80631 970.381.1499 NORTH WELD COUN I Y WATER DISTRICT 33247 HIGHWAY 85 • LUCERNE, CO 80646 DON POSSELT. DISTRICT MANAGER P.O. BOX 56 • PHONE (970) 356-3020 • FAX (970) 395-0997 w 'w.nwcwd.org • e-mail: water@nwcwd.org This letter is in response to your inquiry regarding water service to the following described property, Approx. 15637 WCR 74, Proposed Lot B and Approx. 36041 WCR 33, Proposed Lot C in a portion of the SE '/C of Section 34, T7N, R66W of the 6th Prime Meridian. Parcel 070734000011 (Lot A Existing) 8 070734400031 (Lot D Existing) 1. Water Service is presently being provided to the above mentioned property through meter #372, located at 15681 WCR 74 also known as Proposed Lot A and meter #373, located at 15767 WCR 74 also known as Proposed Lot D. 2. North Weld County Water District is able and intends to provide water service to the above -mentioned property, provided all requirements of the District are satisfied. If contracts have not been completed with North Weld County Water District within one year from the date of this letter, the District may refuse to supply water to the above -mentioned property. The District reserves this right to refuse service, in the event that raw water is unavailable, and /or pipeline or Filter Plant capacity is not capable to provide additional service. Before a water tap may be purchased, the applicant must provide a copy of a Warranty Deed, a Physical Address, and this letter. 3. As additional consideration for this Letter of Intent to provide service, Property Owner agrees to sign and execute any necessary Easements and Rights -of -Way regarding specific locations, widths, size of pipeline(s) and descriptions for Water Lines as determined by the District. This Agreement is conditional upon execution and recording of the Easement and Right -of -Way Agreement, and until such Easement and Right -of -Way Agreement is finalized to the satisfaction of the District and recorded, District shall not be required to provide any services of any type. 4. The District requests that for any County Process, including but not limited to a Recorded Exemption (RE), Subdivision Exemption (SE), Use by Special Review (USR), Planned Unit Development (PUD), Minor Subdivision or Off -Site Construction Plans within Weld or Larimer County that the respective County place North Weld County Water District on the referral list. Furthermore, the District requests that the applicant submit the plat to North Weld County Water District for review prior to submitting the plat to the County for tiling. The District may need additional waterline easement(s) or waterline improvements to provide service to the parcels being created or modified. If the plat is recorded without District approval, additional easements may have to be recorded and/or additional waterline improvements will need to be constructed in order to maintain or establish new water service(s). 5. The District recommends that based on the number of family members and livestock along with other information provided in the Water Tap Request Form, your irrigated landscaping square footage not exceed approx. 6,000 square feet. The recommendation is based on the Full Standard Tap allocation and should be utilized to optimize delivery without surcharge. Additional allocation should be purchased for landscaping areas larger than the recommended area. 6. The District recommends that anticipated raw water be purchased through the District. The District guarantees treatment and delivery of raw water purchased. All water that is delivered over the allocation (with surcharge) is subject to water availability. Water purchased through the District shall be 70% delivery of an Acre -Foot of water, if the allotment for Colorado -Big Thompson (CBT) project water, which is determined by the Northern Colorado Water Conservancy District, is 50% or greater. North Weld County Water District will restrict the delivery as necessary when the CBT allotment is less than 50%. A portion of the Raw Water Fee is utilized by the District to construct storage reservoirs. 7. Tap Options and Requirements A. The District offers a Full Standard Tap option for those landowners with lot sizes greater than 0.33 Acres (14,500 sq ft). This option allows the tap to utilize 228,000 gallons of water and plant investment capacity during a water year for delivery without surcharge. B. For landowners with lot sizes greater than 0.20 acres (8,800 sq ft) but less than 0.33 Acres (14,500 sq ft) OR those landowners with verifiable irrigation rights or well permits for outside water use, the District offers a 75% Tap option. This tap provides the landowner with 171,000 gallons of Water and Plant Investment capacity during a water year for delivery without surcharge. The fees are 75% of the Full Standard Tap Fees. C. The District offers a third option for those landowners with lots less than .2 acres (8,800 sq ft) or with a Board Approved Irrigation System or Board Approved Commercial Enterprise. This tap allows the landowner to utilize 50% of the Full Standard Tap or 114,000 gallons per water year for delivery without surcharge. The fees for this option are 50% of the Full Standard Tap Fees. Refer to the following page for a break down of the Districts' Tap Fees, Usage Rates, and Surcharge Rates. Sincerely, Alan Overton North Weld County Water District N:\Legal Documents Letter of 1ntem12W9' ndersonDon_CarlsonTcd(04-20-09).doc I oft BOARD OF DIRECTORS CHARLES ACHZIGER RALPH PRIOR JOHN JOHNSON CE BUCK RINEHART NELS NELSON NORTH WELD C0Ui. Y WATER DISTRICT 33247 HIGHWAY 85 • LUCERNE. CO 80646 DON POSSELT, DISTRICT MANAGER P.O. BOX 56 • PHONE (970) 356-3020 • FAX (970) 395-0997 www.nwcwd.org • e-mail: water@nwcwd_org April 20, 2009 The Tap Fees quoted below, shall be valid for ten (10) business days from the date the applicant receives this letter and the tap fees must be paid within the ten (10) business days to receive the fees as quoted below. The Meter Set Fee as stated below is valid only for the location shown on the attached map. After ten (10) business days, the costs will be subject to the then in effect rates (current cost) established by the District. The District is not responsible for notifying individuals, banks, lenders, prospective buyers, real estate agents or anyone else, in any manner, of a change of rates and or fees. TAP FEES INSTALLATION COST Raw Water for One Acre -Foot Unit (AFU) $8,500 Meter Set Fee Proposed Lot B $2,750 Storage Fee Portion of Raw Water Fee $1,000 Meter Set Fee Proposed Lot C $1,650 Base Portion of Plant Investment Fee $7,500 Distance Portion of Plant Investment Fee (11 miles) $3,300 TOTAL Up -Front COSTS For STANDARD TAP (See Paragraph 5 for Options) PER TAP $20,300.00 + Meter Set Fee Per Respective Lot Price is valid for ten (10, business days from receiving this letter. Minimum Pressure 35 psi Normal Pressure Range 40 psi to 95 psi - Maximum Pressure 115 psi After the water tap has been purchased (Raw Water AFU & Plant Investment Fee) the applicant has one year in which to have the meter set. The District requires 45 days prior notice to setting a meter. If the meter has not been set within twelve months from the purchase date and the applicant requests to relinquish the meter, the District shall refund the applicant 98% of the purchase price paid by applicant. If the meter remains unset for thirteen to eighteen months after the initial purchase date and the applicant requests to relinquish the meter, the District shall refund the applicant 90% of the purchase price paid by applicant. lithe applicant does not choose to relinquish the meter within one year of the applicant purchasing the meter and the meter remains unset, the account will begin billing the minimum monthly amount. Usage Amount 0 to 10,000 gallons 10,000 gallons and up Usage Rates and Fees Charge or Rate Per Month $28.50 Minimum $2.85 per 1,000 gallons Water Surcharge Surcharge will be assessed when an account's year to date usage exceeds the annual water allotment. Currently the surcharge is $0.10 per 1,000 gallons in addition to the standard monthly usage fee. This fee is to recover the District's cost to obtain additional water rights for delivery. Rate Differential Charge North Weld County Water District's customers have the option of transferring Colorado Big Thompson (CBT) Project Water that they own or control to the District, on an annual basis. This water is utilized to increase the amount of raw water allocated to a tap. The District will treat and deliver this water without water surcharge. A Rate Differential charge of $25.00 per acre-foot will be assessed on all of these transfers. Plant Investment Surcharge Surcharge will be assessed when an account's year to date usage exceeds the Plant Investment Allotment. The transfer of additional water will not remove this charge. Additional Plant Investment Units must be purchased to increase the allotment and reduce the Plant Investment Surcharges. These rates are in addition to the standard monthly usage fee. 0 to 456,000 gallons above the Plant investment Allotment $3.50 per 1,000 gallons More than 456,000 gallons above the Plant Investment Allotment $1.75 per 1,000 gallons Allocation Table Full Standard Tap 75% Tap Option 50% Tap Option Water Allocation: 228,000 gallons Plant Investment Allocation: 228,000 gallons Water Allocation: 171,000 g_allons Water Allocation: 114,000 gallons Plant Investment Allocation: 171,000 gallons Plant Investment Allocation: 114,000 gallons A tap may be allotted more than 1 unit of Water andtor Plant Investment. In this case the allotment is the class X 228,000 gallons = Annual Allocation. (eg. Water Allocation 5 x 228,000 = 1,140,000gallons Annual Allocation) N:\Legal t)ocununts\Letter of Intent,20(19\AndersunDon_Carison f ed(04-2U-09 ).doc 2 of 2 :,uq panoaddd -au' uosiapuy uo fl IO' [ S9 # :tor c U a' O J d to 0 Q 0 L a Pro*lcd Coordinate dcm_ NA H3 $tntcPlnnc Colorado North Lambert Conformal Conk AveLORADO Septic Permit - Final Weld Coun 'ironmental Health Services Department 1555 N. 17th Avenue Greeley, CO 80631 Phone: (970) 304-6415 Fax: (970) 304-6411 vvww.co.weld.co.us Application Number: SP -0900148 Status: Ready to Final App Type: Hea€thlResidentiailRepairSeptic Applied: 09/18/2009 Applicant Name: BARRY ANDERSON Issued: OefI DON ANDERSON, INC. Finaled: 16124 CR 74 EATON, CO 80615 Owner Name: ANDERSON DON INC Parcel#: 070734400031-R5245908 Legal Desc: SE4 34 7 66 EXC BEG S80' OF E4 COR W500' S160' E500' N160' TO BEG ALSO EXC BEG W1590.13' OF SE COR OF SEC W165' N285' E165' S285' TO BEG ALSO EXC DESC STRIP OF LAND 80' THROUGH N2 OF S2 SEC 34 BEG W SIDE SEC 34 S87' OF W4 COR THENCE S85D48E 2332' TO CURVE TO L (R=2864.9') 800' M/L N78D12E 355' CURVE TO R (R=2864.9') 600' M/L S89D48E 1385' S36' OF E4 COR OF SEC 34 TO POB (5D) Site Address: 15767 CR 74 EATON, CO 80615 App Specific Info: 1/2 Bathrooms 3/4 Bathrooms Application Date Associated Building Permit Associated Building Permit Number Basement Plumbing Full Bathrooms Location Description Number of Bedrooms Number of Persons Other Water Supply Utility Parcel Acres Private Water Supply Private Water Supply Permit Reference Number Public Water Supply Public Water Supply Utility Repair Reason Type Septic Permit Expiration Date Waive Fees Waive Fees Comment Year Installed 0 09/18/2009 No 1 15767 CR 74,/EATON, COLORADO. 1/3 MILE WEST OF INTERSECTION CR 33 & 74 NORTH ON LANE .2 MILE. 2 1 150 Yes NWCWD Repair for Failure No EHS Perc Test (Site): Ingineer Design Required ngineer Evaluation Received engineer Job Number Engineer Letter Received Ground Slope In 100 Year Flood Plain Limiting Zone Feet Limiting Zone inches Limiting Zone Qualifier Percolation Rate Qualifier Percolation Rate Value Slope Direction Soil Description Soil Type Suitable Variance Required No Yes 464 No No 8 0 Greater Than Equal To 51 Yes No 4 Septic Permit - Final Weld County Enviro' mental Health Services L 1555 N. 17k. Greeley, CG Phone: (970) 304, Fax: (970) 304- www. co.weld.cl. Minimum installation: Absorption Bed Absorption Trench Additional Terms and Conditions Bed Option 1 Bed Option 2 Bed Option 3 Chamber Option 1 Chamber Option 2 Chamber Option 3 Septic Tank Size Trench Option 1 Trench Option 2 Trench Option 3 1240 954 Y. GROUND SLOPE = RELATIVELY FLAT. 40 68 54 Biodiffuser infiltrator Quick4 ARC 36 1000 31 52 41 Chambers 1 Actual Installation: C'7`Septic Tank: 7 r gallons Absorption Trench: Absorption Bed : so ft Chamber Model Y —`-f Design Type: C f. ) so ft 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 or installed system for issuance of a local occupancy permit persuant to CRS 1973 25-10-111 (2). This permit is non -transferable and non-refundable. The Weld County Depietment of Public Health and Environment reserves the light 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 IPte Weld County Department of Public Health and Environment. ( ; c' , X I Date Environmental Health Specialist WELD COUNTYDEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 155 NORTH 17TH AVENUE, GREELEY CO 80631 PHONE: (6 ) 304-6415 FAX: 304-6411 NOTICE This individual sewage disposal system has been inspected and appearssewage o hav � been installed in accordance with the regulations regarding individual disposal systems in Weld County, Colorado. Approved Date f- Permit No.:" 01 �c i owner: Location. 15-7 7 -f -- t Environmental Health Specialist, Septic Permit - Final Application Number: SP -0900147 App Type: Health\ResidentiallRepairlSeptic Applicant Name: BARRY ANDERSON DON ANDERSON INC 16124 CR 74 EATON, CO 80615 Owner Name: DON ANDERSON INC Parcel #: 070734000011-R0847486 Legal Desc: 18683A PT SE4 34 7 66 BEG 1590.13'W OF SE COR OF SEC W165' N285' E165' S285' TO BEG Site Address: 15681 CR 74 EATON, CO 80615 Weld County environmental Health Services Department 1555 N. 1 Avue Greeley, CO 80631 Phone: (970) 304-6415 Fax: (970) 304-6411 www.co.weld.co_us Apo Specific Info: Status: Ready to Final Applied: 09/18/2009 Issued: Finaled: 1/2 Bathrooms 3/4 Bathrooms Application Date Associated Building Permit Associated Building Permit Number Basement Plumbing Full Bathrooms Location Description Number of Bedrooms Number of Persons Other Water Supply Utility Parcel Acres Private Water Supply Private Water Supply Permit Reference Number Public Water Supply Public Water Supply Utility Repair Reason Type Septic Permit Expiration Date Waive Fees Waive Fees Comment Year Installed 1 0 09/18/2009 No 1 15681 CR 74, EATON CO 3 3 150 Yes NWCWD Repair for Failure No 1965 EHS Perc Test (Site): Engineer Design Required Engineer Evaluation Received Engineer Job Number Engineer Letter Received Ground Slope In 100 Year Flood Plain Limiting Zone Feet Limiting Zone Inches Limiting Zone Qualifier Percolation Rate Qualifier Percolation Rate Value Slope Direction Soil Description Soil Type Suitable Variance Required No Yes 465 No No 8 0 Greater Than Equal To 8 E Yes No DBADO Minimum Installation: Absorption Bed 793 Absorption Trench 610 Additional Terms and Conditions Y. Bed Option 1 26 Bed Option 2 44 Bed Option 3 35 Chamber Option 1 Biodiffuser Chamber Option 2 Infiltrator Quick4 Chamber Option 3 ARC 36 Septic Tank Size 1000 Trench Option 1 20 Trench Option 2 34 Trench Option 3 27 Septic Permit - Final Weld County Environmental Health Services Department 1555 N. 17th Avenue Greeley, CO 80631 Phone: (970) 304-6415 Fax: (970) 304-6411 www.co.weld.co.us Actual Installation: Septic Tank: Design Type: gallons Absorption Trench: G.,a%_ sq ft Absorption Bed : sq ft Chamber Model Chambers 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 non -transferable and non-refundable. The Weld County Department of Public Health and Evnironment 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 Department of Public Health and Environment. lz X 1/t6 Environmental Health Specialist 110�)f� Date Hello