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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
Clerk to the Board
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20093458.tiff
oo9-3Y5F.- es MIRE |\} H; |PE ,_ co 27 l� ,,t M a ;. / ,, \\ .I, Z/ ,z! .GI RI \ f « — ekt6wfvo . ._.\ a. O \\! | § 2§ Olio -u: cn .\ ti g% ■; 'a e (\\ VIPS DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Michael & Daisy Soulter RE -4971 Planner: C. Gathman Legal Description: S2NW4 of Section 27, T5N, R65W of the 6th P.M., Weld County, CO. Parcel ID #: 0961 27 000030 Lot A Size: +/- 2 acres Lot B Size: +/- 76 acres Water Source: Lot A: Proposed Central Weld County Water District Lot B: Proposed Central Weld County Water District Sewer System: Lot A: Proposed Septic Lot B: Proposed Septic Yes No 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. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2. Topographic or physical features of the proposed Lot A, such as ravines, ditches, streams etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. 3. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 0961-27-2 RE -4971 B. Lot A shall use the existing access point as no additional accesses shall be granted. C. Lot B shall use the existing agricultural / oil and gas / ditch road access points necessary for agricultural operations as no additional accesses shall be granted. D. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. E. County Road 43 is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. An additional 10 (from the centerline of County Road 43) feet shall be delineated on the plat as future County Road 43 right-of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify 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. F. Lot A shall comply with the one (1) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include reserved road right- of-way. G. Setback radiuses for the existing tank batteries (200 -feet) and wellheads (150 -feet) located on site shall be indicated on the plat per Section 23-3-50.F of the Weld County Code. H. 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. I. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead. Any construction within a 200 -foot radius of any tank battery or 150 -foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption in accordance with Section 24-8- 20.C.1 of the Weld County Code. 4) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 5) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot A and/or B has an adequate water supply of sufficient quality, quantity and dependability. 6) Prior to the release of building permit, the applicant shall submit evidence of approval from the LaSalle 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 Section 15-1-40 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 29-3-20.6.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 9) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) 10) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) 11) Prior to the release of building permits on Lot A and/or B, the Lot owner shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sanitary sewer line. In accordance with the Weld County Code, if a sewer line exists within four hundred (400) feet of the property line and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. 12) The property owner acknowledges that mineral owners and lessees have real property interests that entitle them to surface use in accordance with Colorado State Statutes and applicable Colorado oil and Gas Conservation Commission regulations. (Department of Planning Services) 13) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 4. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. 5. 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. 6. 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 mapsC'7a.co.weld.co.us. 7. The Weld County Department of Planning Staffs approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. By Date October 27, 2009 Chris Gathman ❑ Planner Ill 2E-4°11 \ Plat Checklist POC Planner Item Comments Check Check Proper size and material 24" x 36" or 18" x 24" / Minimum 3 millimeter polyester sheet F.-' Lettering No stick -on lettering / Minimum 8 pt. lettering t/ Boundaries of Lots 1, Scale Suitable Scale? (1"=200' or 1"=100') 1----- Accesses indicated Shared Access? If so, is easement Certificate included? Roads labeled, including R.O.W Building Envelope(s) Q N (A Vicinity Map Suitable Scale? (Minimum 1" — 2000') t/,-^ North Arrow G. -'ter Legal Description A v Notes from Planner/ Development Standards Conditions of Approval -- ! aF —\---0-,,,c C� 0 Owner's Certificate Notarial Certificate included? All owners must sign the plat, check the deed. t / Surveyor's Certificate and Surveyor's Stamp All surveyed plats Note: USR plats do not need to be surveyed L,,.'/� Director of Planning Certificate Notarial Certificate included? (RE, SE, SPR, Final PUD if Staff Approved) i.--- Planning Commission Certificate (USR, COZ, Minor Sub. Final) 0; j ! Board Certificate (USR, COZ„ Minor Sub Final) (Final PUD, RE, SE & ZPMH if Board approved) ' Typical Road Cross Section (COZ, Final Minor Sub. and Final PUD) 0�, Easements 1/IV hN f Please return the plat to the CAD Technician within 24 hours of receiving the plat. Planner on Call: Planner Signature: (Initials) Date: p- WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 918 10TH STREET GREELEY, CO 80631 PHONE: 970-353-6100, EXT. 3540 FAX: 970-304-6498 2 ? Date: 0 Received From: Receipt No. Permit Type 421-Rf ISE 4221-ZPMH No. Description Fee 4221-USR 4221 -SITE PLAN REVIEW 4221 -CHANGE OF ZONE 4221-PU D 4221-MINORIMAJOR SUB # OF BUILDABLE LOTS 4221 -ADDITIONAL 30% FEE FOR SUB's 4221 -RE -SUBDIVISIONS 4221 -BOA 4221-FHDP/GHDP 4430 -MAPS / POSTAGE 4430 -COPIES 4730 -INVESTIGATION FEE 6560 -RECORDING FEE MISC. ❑ CASH L'.GHECK NO. Receipted By:/: TOTAL FEE DL# Exp. Chris Gathman From: Sent: To: Subject: Anne, Chris Gathman Thursday, December 10, 2009 11:26 AM 'anmc@comcast.net' RE: RE -4971 I have reviewed the plat. I have no changes - you can proceed with the mylar. The only item the applicant will need to submit with the plat is an updated certificate of taxes. Thanks. Chris Gathman Planner III Weld County Department of Planning Services 918 10th Street, Greeley, CO. 80634 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 Original Message From: Ann fmailto:anmc@comcast.net] Sent: Thursday, December 10, 2009 9:04 AM To: Chris Gathman Subject: RE -4971 12/10/09 What is the status of RE -4971 from your end? Thanks. Anne McLellan Alles and Associates, Inc. (970) 284-9562 1 Overlay Districts Zoning MUD IGA Airport Geologic Flood Hazard wilige. COLORADO APPLICANT: CASE #: REQUEST: LEGAL: LOCATION: PARCEL ID #: APPLICATION FLOW SHEET Michael & Daisy Boulter RE -4971 Two -Lot Recorded Exemption S2NW4 of Section 27, T5N, R65W of the 6th P.M., Weld County Colorado. East of and adjacent to CR 43 and approximately % mile south of CR 54. 0961 27 000030 ACRES: 78 +/- Acres uate By Application Received Application Completed 08/27/09 CG Referrals listed 09/0409 KR Vicinity map prepared 09/04/09 KR File assembled O I Si l o IUD Case logged in computer . Letter to applicant mailed L L Referrals mailed Field check by DPS staff Administrative Review decision: co .> (--&•--- O r 3C [ 9 -= Board of County Co ---- —.._._ ......,,,,U,,l applic,aUlC, uate By County Commissioners Hearing Date Surrounding property owners notified Presentation prepared CC action: CC resolution received Plat recorded and filed Al( Agricultural Yes Yes Yes Yes Yes Nox No x Nox No_x_ No_x_ Date j( -t -i 0 l RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT # /$ CASE # ASSIGNED - APPLICATION RECEIVED BY PLANNER ASSIGNED - Parcel Number 0 9 6 1 _ 2 7 _ 0 _ 0 0 _ 0 3 0 (12 digit number - found on Tax I.D. information, obtainable at the Weld County Assessor's Office, or www.goAv_eld,co.u51 Legal Description S2NW4 , Section 27 , Township 5 North, Range65 West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes No XX Is this parcel of land, under consideration, the total contiguous land owned by the applicant? YesX No FEE OWNER(S) OF THE PROPERTY: Name: Michael J. and Daisy I. Boulter Work Phone # 970-330-8251 Home Phone # 970-330-8251 Email Address Address: 22019 CR 54 City/State/Zip Code Greeley, CO 80631 APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany all applications signed by Authorized Agent) Name: Tom Fisher - Fisher & Co. Realty Work Phone # 970-352-1715 Home Phone # 970-351-8074 Email Address tlk2tom@gmail.com Address: 3835 W. 10th St. Unit 100G City/State/Zip Code Greeley, CO 80634 Lot A Smaller Parcel Lot B Lot C Lot D Water Source Central Weld Central Weld Type of Sewer Proposed Septic Proposed Septic Proposed Use Res/Ag Res/Ag Acreage 2 + or _ AC 76 + or AC Existing Dwellings? 7 If Yes, list address below: 25724 CR 43 If Yes, list address below: 025 MO G ti3 , If Yes, list address below: If Yes, list address below: If the property is vacant or un mproved write proposed water source and prnnnanA co.Lar o••e.1�... [.._ ..__� , rf a well and septic is proposed state: proposed well, proposed septic. parcel in me blanks above. For I (We) request that the following described property be designated a Recorded Exemption by the Weld County Board ofCountyCommissioners. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must i howing the signatory has the legal authority to sign for the corporation. Signature: Owner or Authorized Agent/to Signature: Owner or Authorized Agent Date ( February 2, 2009 Weld County Planning Department 918 10th Street Greeley, Colorado 80631 RE: Recorded Exemption To Whom It May Concern: We, Michael J. Boulter and Daisy I. Boulter, hereby grant Tom Fisher authorization to act as our agent for the submission of a Recorded Exemption Application for our property located in S ' NW Section 27, Township 5 North, Range 65 West, also known as 25724 County Road 43, Greeley, Colorado, 80631. P/Zr,Ag;41 A;t)dig Michael J. Boulter Daisy fl Boul7&?e,Latr' ter Date y - Date RECORDED EXEMPTION (RE) QUESTIONNAIRE RE: Boulter/located in S 3'z NW 1/4, Section 27, Township 5 North, Range 65 West, Also known as 25724 County Road 43, Greeley, Colorado 80631 1. Water supply statements addressing the following: a. Domestic use. Lot A water is available and will be provided by CWCWD under tap #1112 - please see attached letter. Lot B water is available and will be provided by CWCWD under tap #1134 - please see attached letter. b. Irrigation water. Lot A will irrigate lawn with domestic well permit # 124018-A Lot B is presently irrigated by four(4)shares of Union Ditch Water and is not transferring any of it's water to Lot A. 2. Disposal of sewage. Lot A: an engineered septic system will be designed, constructed and permitted according to Weld County ISDS requirements. Lot B: an engineered septic system will be designed, constructed and permitted according to Weld County ISDS requirements 3. Property use. The parcel has one (1) garage. season and is flood irrigated. in the center of the 40's and of proposed lot "A". The farm will be planted for the 2009 There are two (2) oil/gas well heads tank batteries for each, straight East 4. Location, size, present and future use. The new lot will be approximately 1.75 acres in size and located adjacent to Weld County Road 43, in the NW corner of the property. It is being created to be sold in the future for a single family dwelling site. 5. Unique physical characteristics. An irrigation lateral runs parallel along the North property line of The property. 6. Building envelope. No building envelopes are requested. 7. Business or Use by Special Review There are no business or Use by Special Review permits on the subject property. AUG-19-2009 WED 01:47 PM Ax NO. r. V1tu1 Weld County Treasurer Statement of Taxes Due Parcel 096127000030 AcawntNumGec R3926286 Situs Address Legal Description25724 43 CR WELD 000( 12848 52NW4 27 5 85 (2R) SITUS; 25724 2572643 CR WELD 00000 Atom= R3926286 13OUL.TER MICHAEL .i �ti• 22019 CR 54 GREYLY, CO 80631 Ycur Crimes 2008 Tax Grand Total Clue as or 0811912009 iiiiJY1.•P....P..Y rr.Y ...... ..J•u...l.. Tax Silica at asox Pa= for -fax Area 0641 -0641 AuthurIty WEI D COUNTY SCHOOL UIST 60 NORTHERN COLORADO WATER (NC CENTRAL COLORADO! WATER 0.540000' $5.01 ICON CENTRAL COLORADO WATER 1.306000 BUBO LASALLE FIRE 7 t5500t) $22.01 AIMS JUNIOR CUL 6.473000 $64.56 HIGH PLAINS LUrn(ARY 3.26(1000 $00.28 07.988000 $694.16 Tomas ti11Iec 2000 • r.radit Levy Mill LevY 16.804000' 30.000000 1.1110000 Billed Payuienta 150181100 $604.16 $894.10 $0.00 50,00 Amount values i er,rsl Assessed $171.55 Act-rL.OOD T. 5,1711 $10,200 IRRRIGATF.D LAND 9373.69 AG.WASTF LAND '111 $10 810.21 Total $ 510.210 ALL TAX LIEN SAI E AMOUNTS ARE SUBJECT TO CHANGE UUE TO ENDORSEMENT OF CI IRRtN'r TAXE fY THE LIENHOLDER OR TO AUVERT161NO AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE VVILL NEED 10 DC CONTACTED PRiOtt TO RE `ZTANCEAFTER THE fOLLAwiwo UATFS: P1sRSONAL PROrERTY AND MORII E I1uMES - AUGUST i, REAL PROPFRTY - AUG , S7 I. Weld County Treasurer Ptusuant to the Welts County Subdivision Ordinance, the attached 5tatemt r t(s) of Taxcs Due, issued by the Weld County'C€easuret. we evidence of the current status as a this date of all property taxes, special assessments and prior tax liens attached to this (these) acu iiat(s). Current year's taxes afe-due bnt.nnt delinquent. Signed' Date: iff,201, 11 #3*/: Wilk COLORADO September 4, 2009 Michael & Daisy Boulter c/o Tom Fisher 3835 w 10th St, Unit 100G Greeley Co 80634 DEPARTMENT OF PLANNING SERVICES 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 Subject: RE -4971 - A Recorded Exemption located on a parcel of land described as S2NW4 of Section 27, T5N, R65W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria or if staff has concerns with the application, staff may elect to forward the application for review to the Board of County Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Evans and Greeley Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Evans and Greeley Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Evans at 970- 339-5344 and Greeley at 970-350-9770, for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. Sincerely, gen C9J&" Chris Gath man Planner REFERRAL LIST Name: Michael & Daisy Bou, County _Attorney Health Department x Extension Office _Emergency Mgt Office - Ed Herring Sheriffs Office x Public Works _Housing Authority _Airport Authority _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 _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 Eaton Erie x Evans Firestone _Fort Lupton Frederick _Garden City Gilcrest x 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 -6 x CWCWD RR x Union Ditch Company _Art Elmquist (MUD Area) Case #: RE -4971 Fire Districts Ault F-1 Berthoud F-2 _Briggsdale F-24 _Brighton F-3 Eaton F-4 _Fort Lupton F-5 Frederick Galeton F-6 Hudson F-7 Johnstown F-8 x 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: g6 (hike ' Co.County Attorney Health Department Extension Office Emergency Mgt Office - Ed Herring Sheriffs Office _ZC Pubfic Works Housing Authority --.,-Airport authority Building inspection Code Compliance )o N. -Ann S -Beth 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 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 REFERRAL LIST Towns & Cities Ault Berthoud `Brighton Dacono 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 11 )( School District RE- �a Central Colo. Water Conservancy Dist RR X_Ditch Company, bthi/J),4_, Art Elmquist (MUD Area) Commissioner Case #: , IA I I Fire Districts Ault F-1 Berthoud F-2 __Briggsdale F-24 Brighton F-3 Eaton F-4 _Fort Lupton F-5 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-1 3 Platte Valley F-14 Poudre Valley F-15 �Raymer F-2 Southeast Weld F-16 Union Colony F-20 Wiggins F -1B _Windsor'Severance F-17 Legal sa g 2'/ -5 -b5 -- Parcel ID # 09 (p1 a9 6600 30 Zone Art, Acres? 78 USDA f/Atim Orr, Airport No Geo Haz Afa FP? /Ib Panel # IGA? lib ORD # MUD? AD 4;li COLORADO Weld County Referral September 4, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Michael & Daisy Boulter Case Number RE -4971 Please Reply By October 4, 2009 Planner Chris Gathman Project Two -Lot Recorded Exemption Legal Location Parcel Number S2NW4 of Section 27, T5N, R65W of the 6th P.M., Weld County, Colorado. East of and adjacent to CR 43 and approximately 1/4 mile south of CR 54. For a more precise location, see legal. 0961 27 000030 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. See attached letter. ❑ Please notify me of any public hearings regarding this request. Comments: Signature Agency ,,A)(1 (itc- `e'V.� 7/30 Date +Weld County Planning Dept. +918 10th Street Greeley, CO. 80631 +(970) 353-6100 ext.3540 +(970)304-6498 fax i&trn COLORADO Weld County Planning Department GREELEY OFFICE MEMORANDUMRECEIVE.D OCT O7�� TO: Chris Gathman, Planning Services DATE: October 5, 2009 FROM: Heidi Hansen, P.E., Public Works Department SUBJECT: RE -4971, Michael & Daisy Boulter The Weld County Public Works Department has reviewed this proposal. Staff comments made during this phase of the process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Issues of concern must be resolved with the Public Works Department. Our comments and requirements are as follows: COMMENTS: WCR 43 is a collector road and requires an 80 -foot right-of-way at full build out. There is presently a 60 -foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. Our most recent AADT count reflects 916 vehicles per day taken in June 2007. REQUIREMENTS: Lot A shall utilize the existing residential access. Lot B shall utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation. Pursuant to Chapter 15, Articles I and ll of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. FLOOD HAZARD DEVELOPMENT STANDARDS: This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). pc: AmRE-4971 Page 1 of 1 M:IPLANNING - DEVELOPMENT REVIEWIRE-Recorded Exemption\RE-4971.docx WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H St PO Box 758 Greeley CO 80632 Phone: (970 )356-4000 x3750 Fax: (970) 304-6497 Road File #: _ RE #: Date: Other Case #: !� 1. Applicant Name h1, £ K 4 e/ T 4 Jai�1 27 4:=•,-t 11"c 6^ Phone y7o - 33 0- 0251 c Address 2 2 O I 9 C R -Cl/ 2. Address or Location of Access 272 5/ Ci(R 4/3 ` `] .- State CO Zip e o 3 / Section 27 Township .5 Range 6 S L) Subdivision Weld County Road # I/3SidBlock Lot Side of Road Eas t Distance from nearest intersection 3. Is there an existing access to the property? Yes__X_^ No # of Accesses 4. Proposed Use: (X Permanent X ResiidentiaVAgricultural ( Industrial ( Temporary ( Subdivision ( Commercial ( Other /320 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential O&G = Oil & Gas DR = Ditch Road = House = Shed = Proposed Access + = Existing Access 3 JI wc'13 0,1 Rl"S wcgy +acR$2. OFFICE USE ONLY: Road. ADT Date Accidents Road ADT Date Date Drainage Requirement Accidents Date Special Culvert Size Length Conditions Reviewed By: ❑ Installation Authorized O Information Insufficient Title: �( COLORADO Weld County Referral September 4, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Please Reply By Project Legal Location Michael & Daisy Boulter Case Number RE -4971 October 4, 2009 Two -Lot Recorded Exemption Planner Chris Gathman S2NW4 of Section 27, T5N, R65W of the 6th P.M., Weld County, Colorado. East of and adjacent to CR 43 and approximately 1/4 mile south of CR 54. For a more precise location, see legal. Parcel Number 0961 27 000030 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. ❑ Please notify me of any public hearings regarding this request. Comments: Signature Agency -2.txteNclfper,;4tocm-162_ Date 'Weld County Planning Dept. +918 10'" Street Greeley, CO. 80631 +(970) 353-6100 ext.3540 +(970)304-6498 fax SEP/18/2009/FR1 09:24 AM Weld County Water FAX No, 970 353 k965 P. D0I Pc. COLORADO r+ Weld County Referral September 4, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Michael & Daisy Soulter Case Number RE -4971 Please Reply By October 4, 2009 Planner Chris Gathman Project Two -Lot Recorded Exemption Legal S2NW4 of Section 27, T6N, R65W of the 6th P.M,, Weld County, Colorado, Location East of and adjacent to CR 43 and approximately 1/4 mile south of CR 54. For a more precise location, see legal. Parcel Number 0961 27 000030 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, CI We have reviewed the request and find that it does / does not comply with our Comprehensive Plan D We have reviewed the request and find no conflicts with our interests. Aif See attached letter. d Please notify me of any public hearings regarding this request, Comments: Signature Agency y47_ d C� �n4 1-4k-. 4/4 Date +Weld County Planning Dept. +918 10" Street Greeley, CO. 80631 4(970) 353-6100 ext.3540 9(970)304-64498 fax SEP/18/2009/FRI 09:24 AM Weld County Water FAX No, 970 353 5865 P. 002 CENTRAL WELD COUNTY WATER DISTRICT July 27, 2009 Michael & Daisy Boulter 22019 Weld County Road 54 Greeley, CO 80631 RL: Can. Serve - Water Service Dear Mr. & Mrs. Boulter: This letter is in response to a request for water service to serve the following property described as follows: Part of the SW 1/4 of Section 27 and a Part of the NW '/a of Section 34, both in Township 5 North, Range 65 West, Weld County, Colorado Water service can be made available to the above described property provided. all requirements of Central Weld County Water District, Northern Colorado Water Conservancy District and the U. S. Bureau of Reclamation arc satisfied, Central Weld County Water District will require that Tap Assignments be consummated prior to the setting of a tap or this letter shall become null and void unless extended in writing by the District. Subdivisions requiring 10 or more taps will be required to porchace and transfer raw water prior to District approval. P1e0se note that y Aare resnousibje for confirming that this property has met the requirements of Northern Colorado Water Conservancy District and the Bureau of Reclamation. To do this, you may contact Marilyn ConteLtith_attlath Colorado Water Conservancy District at 970.532.7700. Central Weld cannot issue a tap until all requirements arc satisfied. A review of the District's system in this water service area will need to be done prior to water taps being sold. A line extension will be required. The District is aware that four lots will be divided on this parcel. Due to the rapid cost increase of raw water, existing tap fees may not apply for water service to this property. The District will not notify, by separate letter, any prospective landowners or land purchasers of tap fee or line extension cost increases. The cost of a tap fee and/or line extension will have to be paid in advance to the District by the prospective customer in accordance with District policy within one (l) year from the date of this letter It is your responsibility to confirm with your local Fire Protection Authority if fire flow water capacity is required for your project. Sincerely, CENTRAL WELD COUNTY WATER DISTRICT ohn W. �:: General Manager JWZ rg 2235 214 Avenue • Greeley, Colorado 80631 • Phone (970) 352-1284 - Fax (970) 353-5865 John W. Zadel, General Manager COLORADO Weld County Referral Weld County Planning Department GREELEY OFFICE SFP 25 ?009 RECE VED September 4, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Please Reply By Project Legal Location Michael & Daisy Boulter Case Number RE -4971 October 4, 2009 Two -Lot Recorded Exemption Planner Chris Gathman S2NW4 of Section 27, T5N, R65W of the 6th P.M., Weld County, Colorado. East of and adjacent to CR 43 and approximately 1/4 mile south of CR 54. For a more precise location, see legal. Parcel Number 0961 27 000030 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. 0 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. LI See attached letter. D Please notify me of any public hearings regarding this request. Comments: flArelyj La- .e,=67.4te-f._ eArcov&v.L Signature Agency an P3; w � D,� Date +Weld County Planning Dept. +918 10th Street Greeley, CO. 80631 •(970) 353-6100 ext.3540 +(970)304-6498 fax COLORADO Weld County Referral september 4, 2009 The Weld County Department of Planning Services has received the following stern for review: Applicant Michael & Daisy Boulter Case Number -4971 Please Reply By October 4, 2009 Project Planner Chris G Two -Lot Recorded athmar! Exemption Legal S2lVW4 of Section 27, T5N, R65W of the 6th P.M., Weld County, East of tY, Colorado. Location more precise location, see legal. and adjacent to CR 43 and approximately 1/4 mile south of CR 54. p Parcel Number 096127 000030 The application is submitted to consider relevant to this request uwfor review and recommendation. Any give full consideration appreciated, Please reply comments orto rdate so awe you deemed top to your recommendation. Any P Y by the above tooath so that e may be a positive response to the Department reap°nse not received regarding the a of Planning before or onany this date may questionsbe information application, please call the Planner associated 9 Services, If you have f�! Y be added to applications fed with the request process. P lease note u that rther new examine or obtain this additional � cations under review during information, please call the Department the ` f Pianni li`y r is to Q We have reviewed of Planning Services. the request and find that it does /does not comply ply with our Com CI See attached letter. request and find no conk/cis with our interests. Rmh� n�� Plan ❑ Please notify me of any public hearings regarding this request. Comments: Signature Agency Date +Weld County Planning Dept. +918 106 Sheet Greeley. co. $0651 41970)43-6100 ext.3540 4(970)304.5498 fax i0 'd ZLt'EOEEOL$ 'ON XV.d SNWW3 JO Alla Wd 6E:10 Ind 60oz-tI-gas :II Hap }a� ' _dC e{I,iaur�"'iI /s.4 �.:.. V+' ,� i— lima �'0TH .'s +1 ,J . r���p� �% ill 1�>t�a:'0TH '4 _ 3 L =° _'- ��{ �•I ^' -fI S, j•. -I. - 1.. i11/ �;• m. �- F- , r:Uy P: 1 -° ■i i1yy1 ■ ..1yyffT II i... rad= IIImla CC in moo._ ... • 77" •' • ..-:: :•••P . =‘,814 3 0 . iJ;ifl' a'all Illlit.:ni uU &fn. _,.. I N 24 t all so C an. Oil i ■f� 278484 � �fIf -u•. =l=�"= ;Ica .88 ,- yy�1IJ1 I .. .8 - - = IIIIi1i1f.l. IIR:I. `� , •NIUn• 11 Wi falli Mi2 air ea .- r. .. „fall 'tMiiri Werth 8/�� �� ��'� _'LI„> •rte ,d ISM l s"" • _ �� m . 27Taa�� - _ -tille .- 1111 r, •44 apIIIIilli • 8 "Min r. al'IM _qt-r_'Y � t CC. ° III' j 54.5 .N •• . taltININI ell girpq Anita Urfa I ' 54 --- 3 :I:- 1 w �'l.-.- _,— ' 1 — —.'. ,'.• '', mot'/ �_ _ #31 El Illi "Miii ,_. ,..:,,r : .■ CC __ 52 Or ■ ' n, ,:TS �, Pr PIP. Pr . 4 .. Ili, 50.5 ■II i ■'�/ •.. illillit_____ - • IVA ■ • N. 50 in • • -.-. 50 • M L . N- ell •,.•. . • , ... , • .. . 1. • 'I Michael J. Boulter -eRecorded in 'A County, CO Doc Id: 3436037 11/17/2006 04:21 P Receipt#: 7285770 Page: 1- of 2 Total Fee: $91.00 Steve Moreno, Clerk and Recorder • WARRANTY DEED THIS DEED, Made on November 7, 2008 between • The Olga R. Leaning Trust dated September -12, 2006 ' , of the County of Jefferson , Stale of Colorado , grantor(§), end. Michael J. Smatter and D{isy 1: !Muller whose legal address is 22018 CR 64, Greeley, CO 80631 of the County of Weld , State of Colorado , grantee(s): WITNESS, That the grantor(s), for and in consideration of the sure of tight Hundred Thousand and 001100 DOLLARS ($800,000.00), the receipt and sufficiency of which are hereby eduowledged, have granted, bargained, sold and conveyed, and by these presents do grant bargain, set, convey and Confirm unto the grantee(s), AS JOINT TENANTS, their heirs and assigns Forever, al the real property, together wllh Improvements, 0 a y, situate, lying and being In the County of Weid and State of Colorado, described as follows: See attached legal description • as known by street end numbers 26724 WCR 43, Greeley. CO 80091 14SO DO TOGETHER with al and singular the heredriements end appurtenances thereunto belonging, or in anywise, appertaining and the reversion and reversions, remainder and remainders, rents, isw@s and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditamenis and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances. unto the grardse(s), their heirs and assigns forever. And the grantor(s). for themselves, their heirs, and personal representetivee, do covenant, grant. bargain, and agree to and with the grantee(s), their helm and assigns, that of the lime of the ensealing and delivery of the presents, they are well seized of the premisee above conveyed, had good, sure, perfect, absolute and Indefeasible ealete of Inheritance, In law, in fee simple, and have good right, full power end lawful authority to grant, bargain, sell and convey the same In manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments. encumbrances end restrictions of whatever kind or mere Bever, skcept for general taxes and assessments for the year 2006 and subsequent years; and subject to easements, covenants, reservations, restrictions and rights of way of record. The grantor(s) shell and will WARRANT AND FOREVER DEFEND the above.bagaled premises in the quiet end peaceable possession of the grantee(s). their heirs aid assigns, against all and every person or persons lawfully daiming the whole of any thereof, Wherever used herein, the plural references shall be construed to be singular references and singular references shall be construed to be plural references where the context requires and all references of gender and person be construed to refer le the grantor or grantors identified herein regardless of the context. IN WITNESS WHEREOF, the grantor(s) have executed this deed on the data set forth above. State of F J Y (C^ .e County of arse se .,,1 Q y c.) Tile Olga R. Learning Trust dated September 12, 2006 13y: 1_. ;re: P t! rf..1' P. Leaning, Tnrstae tit' The foregoing Instrument was acknowledged before me on t I by Marjorie P. Learning as Trustee of the Olga R. Learning Trust dated September 12, 2008 . 4 Maria Hein Jackson 1M Commission D0314366 'or OF EOM Aprll26.200a Witness my hand and official seal My Corrimission Expires: eRecnrderi in W1 .aunty, CO Doc Id: 343037 11/17/2008 04:21 P Receipt#: 7285770 Page: 2 of 2 Total Fee: $91.00 Steve Moreno, Clerk and Recorder LEGAL DESCRIPTION The South 1/2 of the Northwest 1/4 of Section 27, Township 5 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado Together with 4 shares of Union Ditch Company, Irrigation Well #R-13565 and 2 Domestic Wells #124018-A and 124019 RESERVING UNTO THE GRANTOR ANY AND ALL OIL, GAS AND MINERAL RIGHTS OF ANY KIND NOW OWNED BY GRANTOR WHICH ARE IN, ON, UNDER AND UPON AND THAT MAY BE PRODUCED TOGETHER WITH THE RIGHTS OF INGRESS AND EGRESS NECESSARY TO EXPLORE FOR, MINE AND REMOVE SUCH OIL, GAS AND OTHER MINERALS. (37-CO-06-001211PFD/37-CO-06-001211/20) The TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION: The South 1/2 of the Northwest 'A of Section 27, Township 5 North, Range 65 West of the 6th PM, County of Weld, State of Colorado CONVEYANCES (if none appear, so state): Reception No. , 1538438 1/Reception No. , 2101826 if Reception No. , 3436035 p/Reception No. , 3436036 t/ Reception No. , 3436037 The certificate is made for the use and benefit of the Department of Planning Weld County, Colorado. This certificate is not to be constructed as an Abstract of Title nor an opinion a guarantee Title and the Liability of COMPANY is hereby limited to the fee Certificate. In Witness Whereof, COMPANY, has caused this certificate to be signed by its proper officer this 14th day of August 2009 , at 7:30AM. INorth•Ameri an Title Company of Colorado r JAL .W.k11.0 Authorized Signature Services of of Title, nor paid for this -u La's CO C'1 UN NI -I Ft ..i t N a a a nM.t I 0 stararded_..._ 0CT 2 31369 at . e'dsek aoox. 1538438 ANN SIMMER Recorder. Vy11T 7 la21), Made this 22nd day of October in the y "sixty -talus near of our Lord one thousand nine hundred and between . TAYLOR -J t LEAMIin of the County of Jefferson and State of Colorado, of the fir part, and TAYLOR J. LEAMINtl and 'OLGA R. LEAKING of 1930 Hoyt Streets Lakewood, Colorado of the County of Jefferson and State of Colorado, of the second part: WITNESSETHI That the mid party of the first part, for and in consideration of the sum of Other valuable consideration and Ten — DOLLARS, to the said part Y of the first part it hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha s granted, bargained, sold end conveyed, and by there presents do es grant, bargain, sell, convey and confirm unto the mid parties of the second part, to pass not in tenancy in tommon but in joint tenancy, the survivor of them, their assigns and the heirs and assigns of such survivor forever, all the fol- lowing described lot or parcel of land, situate, lying and being a is the and State of Colorado, to wit: County of The South Half of the Northwest Quarter (SIINFtiii) of Section Twenty-seven (27), Township rive (5) North, Range Sixty-five (65) West of the 6th P.M., together with one share of the capital stock of the Union Reservoir Company and four shares of the capital stock of the Union Ditch Company, and together with all other rights and rights to use all water and rights of way for ditches and laterals for irrigation of the above described property. TOGETHER with all and singular the hereditament' and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, tight, title, interest, claim and demand whatsoever of the said part y 'of the first part, either in law or equity, of, in and to the above bargained. premises, the hereditameets and appurtenance'. TO HAVE AND TO HOLD the said premises above bargained and described. With appurtenances, unto the said parties of the mound part, the survivor of thtm their ppsppigns, and the heirs and assigns of such survivor for- ever. And the said part y of the first part/forhlm set S,nle heirs, executors, and administrators, do covenant, grant, bargain and agree to and with the said parties of the second part, the sttrrhor of them, their assigns and the heirs and assigns of ouch survivor, that at the time of the ensealing and delivering of these present', he is well seized of the premises above conveyed, as of good, sure, perfect, absolute sad indefeasible estate of inheritance, in law, in fee simple, and ha S good right, full power and lawful authority to grant, bargain, self and convey, the same in manner and form aforesaid, and that the same era free and dear from all former end other grants, bargains, sales, inns, taxes, assessments and incumbrances of whatever kind or nature soever: and the above bargained premises in the quiet and peaceable possession of the said parties of the ectoad part, the survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part y of the first part shall and wlf WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said part y of the first part ha c hereunto set his hand and seal she day and year first above written. Signed, Sealed and Delivered in the Presence of STA'fiR..0R. COLO R AD O, }as, •` toFok Weld. ...... se 1%f3Te •n / . R a' s r'• : 1r"•• •te, JF •O.,-�. --: C/ (SEAL) ayJ r Le lrning � (SEAL) (SEAL) The foregoing Instrument was acknowledged before me thia_2.lna day of October 19 69 by TAYLOR J . LEAHI N3 . Witness Mr Hand and Official Seal October 1, 1073. My Commisei= Expires WARRANTY DEED To Joint Tenente ' r "'�'� • � I reOiece G� i+i w ✓ 1, of Notary Public. wnsxfb B 1158 REC 02101826 06/02/87 12:17 *3.00 1/001 R21O182b F 1654 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EL'1y Made this Second day of June in the year ot,our Lord Oen thousand nine hundred and eighty—seven tb etweed; Taylor J. Learning and 01ga R. Learnine.(Augie) of the County of " , Jefferson and Stete3ot Colorado. of the -' lira part, Led Taylor J. Learning and Olga R. Leamina C. uaie 1 , and Marjorie P.Lsaming} Daughter •?930 nay[ ST.'Lakewood, Oolo. of the . Comity ,of Je�fernofl and state!:of Colorado, ott We second part: WrTNESSETltt That the said ; cartiie8 of the liest part, for and in consideration of the sum of Other valuable consideration and Tell DOLLAR[, to the saldpa.rtieSof the first part in hand paid by the said parties of the second part, the rescipt whereof Is hereby confessed and acknowledged, ha a granted, bargained, cold and conveyed, and•by there presents do as grant, bargain, cell, convey and confirm unto the said parties of the reeond part, to pats not hi tenancy fa eomntnn •- gut in joint tenancy, cite survivor of them, their assigns and the heirs and assigns of such survivor forever, all the 1o1- lovviug described lot or parcel of land, nitwit:, lying and bring in the County of Held ' and State of Colorado, to -wit: The South Half of the Northwest Quarter (SshlRc) of Section Twenty -coven (27), Township rive (5) North. Range Sixty-five (65) Best, of the 6th P.N., together with '4) four shares of the capital stock of the Union Ditch Company, and together with all, other rights and rights to use all water and rights of way for ditches and laterals for irrigation of the above described property. This property includes all mineral rights. TOGETHER with all and singular the hereditament' and appurtenances titereonte belonging, or in any wise appertaining, anti the reversion and reversions, remainder and remainders, reuta,.issue and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said parties ot the turf port, either le law or equity, ol, in and to the above bargained premises, tire bereditatnenti and appurtenance.. To lIAVIf AND TO HOLD the said premise* above bargained and described. with appurtenance", unto the • said parties of the second part, the survivor of them. their "Deigns, and the heirs and assigne of inlets survivor' for- ever. Amid the said parties of the first part, fartb.EMSEiVe Sheire, executors, and administrators, do r • covenant, grant, bargain and agree to acid with the Baia parties of the second part, the survivor of [item, their assians and the heirs and assigns of such survivor, that at the time of the ensealing and delivering of these presents, are well seized of the pretnises above conveyed, an of goad. sure, perfect, absolute and indefeasible estate of inheritance, in law, In toe sinspte, and ha S good right, full power and lawful authority to grant, bargain, sell and convey, the same in manner and toxin aforesaid, and that the same are free and clear from di forma and ether grants, bargains, =les, lien,, taxes, asscesenenta and incumb:ancce a!,whatever kind or nature soarer: , and the above bargained premises in the quiet and peaceable possession of the said parties of the •ecoed pert, the survivor of tltent, their assigns and the heirs and assigns of Burl, aarvirur, an.:•-• sit and every person or persons lawfully claiming or to claim the whole or any part thercol, the saidpar;,.LC- of the !list put shall and will WARRANT AND FOREVER DEFEND, . IN WITNESS WILERLOF, the said part y OE flue first part ha a Lcrcunia Oct hid band • seal the day and year first above writtea. Signed, Sealed and Delivered in the Presence of �� d�C.+A�.r� �y Cilt�•trrr. isrrA;�1"u•O.ri.a:,OLOldADOr)sr. The Foregoing instrument was acknowledged before me this i "`--"'f" v ,u to�O n7.tfiiti'1,rrliref d c. `,Tan^'•'Y Q ? Witaut MciHand and Official Seal � - J My Conocelaslen $xp�u••- • '••, OF CO`'` -raydi• Js Learning 1ga R. lean= lad (SEAL) (SEAL) WARRANTY "DEED —To joint Tenants Nn Public. — t `t- - SC o a� Zo (n3! HOME PACE cvT n ATR cur 1 nn,TG' ')" nl O')F_1 oral nnl eRecorded in Weld County, CO Doc Id.: 3436035 11/17/2006 04:21 P Receipt#: 7285768 Page: 1 of 1 Total Fee: $6.00 Steve Moreno, Clerk and Recorder Return to: Marjorie P. Learning, Trustee, 1300 Crystal Drive #801, Arlington VA 22202 WARRANTY DEED GRANTOR: Marjorie P. Leaning, whose legal address is 1300 Crystal Drive #801, Arlington VA 22202 of the County of Arlington, State of Virginia For the consideration of $10.000, in hand paid, hereby grant, bargain, sell, convey confirms to GRANTEE: THE OLGA R. LEANING TRUST dated September 12, 2006 GRANTEE Marjorie P. Learning, Trustee, 1300 Crystal Drive #801 Arlington VA 22202 ADDRESS: All of Grantors right, title and interest in and to the following described real property in the County of Weld, State of Colorado, with all its appurtenances and warrant the title to the same, to wit: The South .4 of the Northwest'/. of Section 27, Township 5 North, Range 65 West of the 6th P.M., together with 4 shares of capital stock of Union.Ditch company and all mineral rights, County of Weld, State of Colorado FAMILY ESTATE PLANNING PURPOSES -NO DOCUMENTARY FEE REQUIRED DATED: Marjorie P. Learning November 3, 2006 STATE OF VIRGINIA ) COUNTRY OF ARLINGTON ) This instrument was acknowledged before me on November 3, 2006 by Marjorie P. Learning. Commis ion Expires - lic STATEMENT OF AUTHORITY (SECTION 38-30-172, C.R.S.) This Statement of Authority relates to TEE OLGA R. LEANING TRUST dated September 12, 2006, formed under the laws of Colorado with a mailing address of 1300 Crystal Drive #801, Arlington VA 22202. MARJORIE P. LEAMING is authorized- without limitation- to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Trust. Executed this 314 day of November, 200 MARJORIEP LEAMING, Trustee STATE OF VIRGINIA COUNTRY OF ARLINGTON Subscribed and sworn to before me on November 3, 2006 by MARJORIE P. LEANING. Couurksi Expires NotaryPubli ■ 31 -tart rrrn ++n nvt 1nC•1n tar, A'�Gn'.c_nnnc. nn1 eRecorded in Weld County, CO Doc Id: 3436036 11/1712006 04:21 P Receipt#: 7285769 Page:1 of 1 Total Fee: $6.00 Steve Moreno, Clerk and Recorder WARRANTY DEED • THIS DEED, Made on November 7, 2008 between Olga R. Learning of the County of Weld , State of Colorado , grantor(s), and The Olga R. Learning Trust dated September *12 2006 whose legal address is 1300 Crystal Drive #801, Azlingtou, VA 22202 of the County of Jefferson, State of Colorado , grantee(s): Ten Dollars ( 1540 WYTNESSETN, that the grantor(s), for and in consideration of the sum ofallIMMIIIIMINAIIIIIIMMINID the receipt and sufficiency of which are hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the grantee(s), their heirs and assigns forever, all the real property, together with improvements, if arty, situate, tying and being in the County of Weld and Slate of Colorado described as follows: The South 1/2 of the Northwest 1/4 of Section 27, Township 5 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado as known by street and numbers as: 25724 WCR 43, Greeley, GO 80631 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or In anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargelned premises, with the heredltaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee(s), their heirs and assigns forever. And the grantor(s), for themselves, their heirs, and personal representatives, do covenant, grant, bargain, and agree to and with the grantee(s), their heirs and assigns, that at the time of the ensealing and delivery oldies* presents, they are wet seized of the premises above conveyed, had good, sure, perfect, absolute and indefeasible estate orinherttance, in law, In fee simple and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales liens, taxes, assessments, encumbrances and restrictons of whatever kind or nature soever, except for general taxes and assessments for the year 2006 and subsequent years',and subject to easements, covenants, reservations, restrictions and rights of way of record. The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of Me grantee(s), their hells and assigns, against all and every person or persons lawfully ctaining the whole of any part thereof. Wherever used herein, the plural references shall be construed to be singular references and singular references shag be construed to be plural references where the context requires end all references of gender and person shall be construed to refer to the grahtor or grantors identified herein regardless of the context. IN WITNESS WHEREOF, the grarrtor(s) have executed this deed on the date set forth above. Olga Learning STATE OF COLORADO } } SS. COUNTY OF JEFFERSON The foregoing instrument was acknowledged before me this 1-}k Olga R. Learning . 37-C. 0.06.001211 GRS day of itlniien�F7PJ1 , n1CL1lo Witness my hand and official ae I. My commission expires SIa5P010 No, 832A.Rev. 70ea7 warranty Deed (For Phoiopraphlo Record) NORTfi AMERICAN TITLE COMPANY OF COLORADO 521COOr0.2632 Reu_ 1115104 QVT_T1 51O cuT.1f1cl r,io - Ar-7nrlr; nor by Michael .1. Souliar -eRecorded in Weld County, CO Doc id: 3436037 11/17/2006 04:21 P Receipt#: 7285770 Page: 1. of 2 - Total Fee: $91.00 Steve Moreno, Clerk and Recorder WARRANTY DEED . THIS DEED, Made on November 7, 2036 between The Olga R. Learning Trust dated $eptambar,12,20C6 ' of the County of Jefferson , Slate of Colorado , 'pentode), and, sstehaet J, Booker and D'gisy I:Emitter cutter ' whose legal addreea is 22019 CR 54, Greeley, CO 80631 of the county of Weld , State of Colorado , grantee(;): • gp.00 WITNESS, That the grentor(a), for and in consideration of the sum of Eight Hundred Thousand and 001100 DOLLARS (6800,000.00), the receipt and ssiiicrency of which are hereby acknowledged, have granted, bargained, sold and conveyed, attd by those presents do grant, bargain, eel, convey and confem unto the grantee(s), AS JOINT TENANTS, their heirs and assigns forever, al the reel property, together with improvements, itany, siluata, lying and being in the County of Weld and Slate of Colorado, described. as follows: See attached legal description " as known by street and numbers: 25724 WCR 43, O ealey. CO 5Vb31 TOGETHER with al end singular the hereditarinwnts and appuri'enatrws thereunto belonging, or in anywise appertaining mod the reversion and reversions', remainder and remainders, rents, Issue* end proms thereof, and el the estate, right, tile, Interest, claim and demand whatsoever of the grantors), either in law or equity, of, in and to the above bargained premises, with the heredttaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances. unto the grantee(s), their hairs and assigns forever. And the grantor(s), for themselves, their hobs, and personal reprosenteTwas, do covenant. grant. bargain, and egret to and with the grantee(s), Ihdr helm and assigns, that at the rime of the enseling and delivery of the presents, they are weN seized of the premises above conveyed, had good, aura, pedant, absolute and Indefeasible estate of Inheritance, in law, in fee simple, and have good right, full power end lawkd authority to grant, bargain, sail and convey the serna In manner and form aforesaid, and that the stems erofee and dear from all fanner and other greats, bargains, sales, tans, taxes, assessments. encumbrances and reabietkna of whatever kind or mama wormer, ekaept for general taxes and assessments for the year 2008 and subsequent years; and subject to easements, covenants, reservations, restrictions and rights of way of record. The grantor(e) shat and will WARRANT AND FOREVER DEFEND tha above'baryelned premises In the quiet and peaceable possession of the grantee(s). their heirs and assigns, against all and every person or parsons lawfully claintitfl the whole of any pert thereof, Wherever used herein, the. plural references shall be construed to be sirignlar references and singuat references shell be construed to be plural references where'he'rontert requires and'ai references of gander and person she% be construed to refarfe the grantor or grantors identlied herein regardless of the context. IN WITNESS WHEREOF, the grantor(s) have execulerlhia dead an the data sat forth above. The Olga R. Learning Trust dated September 12, 2008 • 7s-rPr t ; �,Q,d.ir4t.ec� .t P. Learning, Trustee State of V LAO le I Cdr G County of lar'',dowel E--© The foregoing instrument was acknowledged before me on iC� by Marlene P. Learning as Trustee of the Olga R. Learning Trust dated September 12, 2000 Witness my hand and official seal 4ar ?A \ Marla Heirs JIcktlan My Cotzirnission Expires: �f seal comas:l r r» ExpiresAprtt 26, 200eND ubllc Na a2tA.Ray. 1DA7 W5n*elr Deed rro JelnLTaria,bi} NORTH AMERICAN TITLE COMPANYOf C©LOtiAVO '521000TD.26M hero itS/04 • cuT.n ton cu7.1 11C7 CI DIP ga•kgn'i7-7nf1F f1117 eRnenrrlad ir_Weld.Cnunty, CO Doc id' 3438037 11/17/2008 04:21 P Receipt#: 7285770 Page: 2 of 2 Total Fee: $91.00 Steve Moreno, Clerk and Recorder LEGAL DESCRIPTION The South 1/2 of the Northwest 114 of Section 27, Township 5 North, Range 65 West of the 6th P.M., county of Weld, State of Colorado Together with 4 shares of Union Ditch Company, Irrigation Well #R-13565 and 2 Domestic Wells #124018-A and 124019 RESERVING UNTO THE GRANTOR ANY AND ALL OIL GAS AND MINERAL RIGHTS OF ANY KIND NOW OWNED BY GRANTOR WHICH ARE IN, ON, UNDER AND UPON AND THAT MAY SE PRODUCED TOGETHER WITH THE RIGHTS OF INGRESS AND EGRESS NECESSARY TO EXPLORE FOR, MINE AND REMOVE SUCH OIL. GAS AND OTHER MINERALS. (37-CO-0Gfl41211.PFDI37-CO-0&-001211/20) SKID NA SKL10579 WE 3436037-2006.007 02113/2009 15:57 9703535855 CWCWD 1-'F1Ut CJLJ CJ.7 .1/01-20-2V19 02:13PM FROIONSTKIOR ai.OG M V ,>.Z WW s a g 4ao ycI t VI • 1 870 952 300E ••I 1 • WATER TAP S ti T I I fY R VALUE R ESV D, t,we hereby sell, transfer and assign is % G- a ' 'r ;a X' one 918" warer'ltap in the CENTRAL WELD COUNTY WATER Dl5TRIC1?? my/out pr pee'ty described as fillbws situate In W,eI County, C1 orado. to Wit I (Load Description)- . ' : II'', II ' r 'transferred to other IT IS UNDERSTOOD that these taps were purobeled lbr the aIIove deseribed,Iand ono may not be tr:_ �ansent ofthe CEt.Z'RAL WELD COUNTY WA:11 R. '{ , land, without express, written consent, in addition � the below digits DISTRICT. ltwe furthei buthortze the secretary of said I7istrtet to do Ivy and all rtecease:7 to ecru t his i I' '' trnnsibr on die books and reeotd5 of said DIstrlet. •31we hereby;scate that all {vote rates and charges P , i ? .I• I owed to the Violet have been pald'arid if not, 0110111.13o hold out ailtlto closing of �e. Old °frny/06r p:emiaes.l : •• I ; c Id of IN' r;•, 13 • IN TESTIMONY N'WHERSOF,, 1‘vve. heve-set my/our g}�aturelt�{ie 1 i•'• II I i , i. , I � , I * SELLER: ;'' •I . I ; 1 i , •, I I ! I j h l t mil � ,s i� � �i �'' Iti�l I...i'..........1.1.........,.., ' SEL.L.E.R: i ' i I'� I '{ it• ! } raid ta'pbirie ty atI I I: IVWL FURTHER AGREE to pay ally and ail cher*es hnrelnafterlevied by said District' for said taps. ii ,i regulations adopted by said District. ' I I1 • • 'I I a1 ', I; I l'1• ,`I' i , I 'w, cONpF,NTTOASSIGNMENT .; I I :! i i � 2 I 0 , E1 I, ,loon W. Zadel, General Manager of the C�TE&AL WE4D COUNTY'lliMITE1. DISTRICT:,:I.'lerel nests' `tut t I' , i du above assignment: an behalf °f old District, I ` I * . '. . :44 .'''.' ).-'1:1‘. i I• r I• i I I �+ :IODATE: ' .�!.� � a^ e' ;'! - {, ' I I , *' To PERSON EXECUTING THIS ASS1GNM 'I" - NAMES AS THEY APP$ATk ON TITLE jilat t31: TYPES i AT THE APPROPRIATE SPACES, FAILURE TD DO SO yoll NEGATE THIS,A-NSFER, •TW0I01tI0INAL 'rA10 ASS1ONME TS MUST IfE COMPLETE& AND SENT TO CENTRAL WE Li5 COUNTY *ATM AISTE.tCT I • • I CA,t, DISTRICT CONSENT. ' t' ,;.iO.1 I , .'1 r' tI ;, 't • } I a 02/13/2009 15:57 9703535865 CWCWD JAN -20-200g 02;22PM PRC -V ST 100R ► �G 1616 202 8006 1-665 P.003/002 P-406 '' . I'I'D/411' 1 • i I , I ;. I; I ; I' ' ! I !' l ,),VATEkTAP ASSTC NM , , I ENT I • I I l=t}it VALUE RLCLI ED, Itwe hereby sell, transfer and It,4sietrl to one trip in the CENTRAL WELD' COUNTY WATpR D c RIcT, on '' rnyfour property described as toq'nws situate In Weld County, Ct 1orado. to wit; '1 ! (Legal Description)) I ' I�, : ,, I � [ I I , I. 1T IS UNDERSTOOD that thesis raps were purehaSed for the atievedes Gibed Iand ant O may not be transferred to'other sand, without express, written consent, in addition 16 the below consent, of the C'E'F! RA _ WELD COUNTY `WATER DISTRICT. l/wo t'uatllar authorize the Secretary of said Dsslriot try do ally and all tf\in gs necessary to effectuate this transfer on the books and records of said District. �i/we hereby that ail teeter rates and charges and other Monies owed to the District have beas+'psld sad if not, shall,,1, be held out at'the closing of tq'i sale; f my•/otlr prOrn tars.; 1 , I !N TESTIMONY WHEREOF,. ii'we have set myfoti* sigriature'ttl 20 1 1"14 SELLER: , 1 I l ; I 'f''' SELLER: ; i I/WE 1 URTHER AGREE to pay any end all her ti.9 hereinafter' levied by said Dutrlit fbr said taps acid to'abirle by alt' regulations adopted by said District, , i 1 , ACCEPTED;' ' . • 1 1" BUYER: I ti } CONSENT TO ASSIGNMENT r 19 • ' 1, Jahn W. Zedel, General Manager of the CEIN7RAL WAD COUNTY . `ATI:i . DISTRICT,, Hereby consent iti l ! ;'1 ,i du; abm.*e ssay*rn'r►ent an behaifcf kid District• 1 • ' 1'i , ll .1 s 1 • •/ d • •. pATE: f . i, • " 'It PERSON EXECUTING THIS ASSIGNME I'I' NAMES AS THEY AIl,P AR ON TITLEIglat BE TYJ'EII ' AT THE APPROPRIATE SPACES, rAiLURL TO DO SO WILL NEGATE THIS TPANSFER.:TiWO'ORIGhNAL 'T'AP ASSIGNMENTS MUST'II.E COMPLETED AND SENT TO ceNTRAL WpLd COUNTY y,'IATEt4 DISTl 1CT ' POI( DISTRICT CONSENT. ' ! I Q01 'D.Li • 4 I
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