The URL can be used to link to this page

Browse Search

Home My WebLink About20093465.tiff011 114 8@ 2 RJ �O ,to O Ft mi Cge co 0 .�.�...z u 0 In m = o z AT �z N..1" 'S 1v t dVY UINl3�A COUNTY ROAD 41 30 -FOOT RIGHT-OF-WAY EAST SIDE OF SECTION LINE 81 RESOLUTION OF BOARD OF COUNTY COMMISSIONERS RECORDED OCTOBER 14. 1989 IN BOON 86 AT PAGE 273 ( 921 41 a ag 7 CII 48 I 4 x x I 8 A 1 I 1400'32'50'9 2656.30' (BASIS OF BEARING) EGGgmGGGC - 444'24W1 ACT iXlf4it4<4 ,49'0690 3.LS.91DOS r x141f`=a_ ea ,6Y9Z9d 3.61,9 V0 z O CJ1 la c-n-5gOT L J Cc air � 0 i# As iill I. 5a G i ilq'!iigtfg-IIIIII;l1:!lill! ; ii i3Sa A' X- F 9 _acxvim, s§ ' aRB> rn li Ili -nn!Iii i i 1 ��i i g 9 a lire i 1 1 :ii i ll g>• 10iE R� i iq1a1 xi,14 IIRa Jiia ii a L l iii>$' °;> a : > ill !.611 l I ":2 i ;1 1114 ii I It i ; aia ill is kri42'4ai s r*§1v' v �� s i�.ai s i ga ' vh§ a !, g ;>i 5 aa9 AI,! 1 �.1>ii� li ;11 .e aellii €g l i pi . i# ILI,; I I 11 • e *�� #ii"� �i Ss ziiga . c i" i i i s�>4= 3i ig4i a i� 4 viq' 9$a -5 i� i $i ii i$ i i g ;al i E 4i' tiPi '� }G1aa i p n 1ifa lit 3 ..pi � ili¢1i i§ ll ail. i i-!;:, 6i Son:ii ei4 ,ii,i ill i I§ i 8i IF ''$ 1 � i i R:1 i li NI:Oill 1#IIIIF 41 SI !'l filly1i 9iii a s I! li' 1 i- i '8 latF sVii' i s Pi 111! 'Fil O �A s:ii i' i£ 18 ii ii ii 1 �f q3 a1 4 li 6 ilT' Ili ll € i al III#. ills€ii*t$i'i II 2iiAli '"Ri I 11 4 III>I II 1 S ill 1 i ' R i g -i i lR till g -I& ll; ai i *I;I i�` !! 1 1 'l 11 €1 I - da a .9 ; AlAl! s i i '_ ageO1. 9i„ . i� i q = 4 as i i ! A 3 €ro fer4; WF�YCCOLORADO DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Roswell Checketts RE -4968 Planner: C. Gathman Legal Description: SW4 of Section 28, T4N, R65W of the 6th P.M., Weld County, CO. Parcel ID #: 1055 28 000002 & 1055 28 300008 Lot A Size: +/- 10 acres Lot B Size: +/- 10 acres Lot C Size: +/- 10 acres Lot O Size: +/- 130 acres Water Source: Lots A - C: Proposed Individual Wells Lot D: Existing Individual Well Permit #7341 Sewer System: Lots A -D: Proposed Individual Septic Systems Yes No X 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. 2009-3465 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. The applicant has proposed a well as the source of adequate water for Lots A, B and C. 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. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 1055-28-3 RE -4968 B. Lot A shall use the existing oil and gas/agricultural access point as no additional accesses shall be granted. 4\c /< D. Lot B shall use the existing ditch road access point as no additional accesses shall be granted. The applicant shall obtain written permission from the ditch company to utilize the ditch road (Speer Canal) as a residential access to Lot B. Lot C shall be granted one access point as no additional accesses shall be granted. E. 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. F. 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. County Roads 40 and 41 are designated on the Weld County Road Classification Plan as local gravel roads, which require 60 feet of right-of-way at full build out. There is presently 60 -feet of right-of-way for County Road 40 and 41. The applicant shall verify and delineate on the plat the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. These roads are maintained by Weld County. The applicant shall address the requirements of Weld County School District RE -1 as stated in the referral response dated September 28, 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 two and one-half (2 1/2) 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/ 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. K. 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. L. 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 Lots A, B and/or 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 La Salle Fire Protection District to the Weld County Building Department. 7) Potential purchasers should be aware that Lots A, B and C may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. 8) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically there after. 9) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non -buildable if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits. 10) 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. 11) Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of the Recorded Exemption Process. Approval of this Recorded Exemption does not guarantee approval of future applications on adjacent properties. 12) 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. 13) 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) 14) 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) 15) Potential Purchasers are hereby notified that a confined animal feeding operation (USR-898 — Livestock Confinement Operation for up to 100,000 turkeys) is located west of and 1/2 mile south of the intersection of County Roads 43 and 40. Off -site impacts that may be encountered include noise from trucks, tractors and equipment; dust from animal pens and odors from animal confinement, silage, and manure. 16) Prior to the release of building permits on Lots A, B, C and/or 0, 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. 17) 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) 19) 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, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maoseco.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 III EFA9O3 Plat Checklist POC Planner . Item Comments Check Check Proper size and material 24" x 36" or 18" x 24" / Minimum 3 millimeter polyester sheet Lettering No stick -on lettering / Minimum 8 pt. lettering Boundaries of Lots Scale Suitable Scale? (l"=200' or l"=100') C------) / IIRoads Accesses indicated Shared Access? If so, is easement Certificate included? labeled, including R.O.W Envelope(s) I P\ i\JBuilding Vicinity Map Suitable Scale? (Minimum 1" = 2000') ` `l. North Arrow `" Legal Description Notes from Planner/1.7.-- Development Standards Conditions of Approval Owner Certificate Notarial Certificate included? All owners must sign the plat, check the deed. Surveyors Certificate and Surveyors Stamp All surveyed plats Note: USR plats do not need to be surveyed Director of Planning Certificate Notarial Certificate included? (RE, SE, SPR, Final PUD if Staff Approved) t/ Planning Commission Certificate (USR, COZ, Minor Sub. Final) P/ Board Certificate (USR, COZ„ Minor Sub Final) (Final PUD, RE, SE & ZPMH if Board approved) /� / A i" Typical Road Cross Section (COZ, Final Minor Sub. and Final PUD) ' IA i Easements r _ J I\ Please return the plat to the CAD Technician within 24 hours of receiving the plat. Planner on Call: (Initials) Planner Signature: Date: r- Ler Am 144(1.5c WELD COUNTY, COLORADO .}DEPARTMENT OF PLANNING SERVICES 918 10T" STREET GREELEY, CO 80631 PHONE: 970-353-6100, EXT. 3540 / FAX: 970-304-6498 t Date: Received From: 20 Receipt No. i ' t Permit Type No. Description Fee 4221-RE1$E l I1 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 MISC. ❑ CASH [ CHECK NO. t Receipted By: TOTAL FEE DL# Exp. _ Date: i C WELD COUNTY, COLORADO EPARTMENT OF PLANNING SERVICES 918 10TH STREET GREELEY, CO 80631 PHONE: 970-353-6100, EXT. 3540 / FAX: 970-304-6498 -`f Received From: 20)f. Receipt No. / • y Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR 4221 -SITE PLAN REVIEW 4221 -CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB # OF BUILDABLE LOTS 4221 -ADDITIONAL 30% FEE FOR SUB's 4221 -RE -SUBDIVISIONS 4221 -BOA 4221-FHDP/GHDP 4430 -MAPS / POSTAGE 4430 -COPIES 4730 -INVESTIGATION FEE 6560 -RECORDING FEE f.... 17 MISC. .. .. CASH ❑ CHECK NO. TOTAL FEE Receipted By:/ DL# Exp. Chris Gathman From: Sent: To: Subject: Chris Gathman Thursday, February 11, 2010 3:40 PM 'Lisa Long' RE -4968 plat Lisa, Sorry for the delay. I have reviewed the plat. There are only two changes: 1) Lot A access point shall read: "Existing Oil & Gas/Proposed Residential Access" 2) The Net Acreage for Lot D shall be changed from: "LOT C" to "LOT D". I do not need to see another copy. After the changes have made, the mylar can be prepared and submitted for recording. Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 918 10th Street, Greeley, CO. 80634 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 1 Chris Gathman From: Sent: To: Subject: Heidi Hansen Wednesday, December 23, 2009 8:52 AM Chris Gath man RE: RE- 4968 Conditions of Approval Chris, I'll call her and let her know that we'll approve an access for Lot B onto WCR 41 since it has such low traffic counts. All of the standard comments for the access that I put on our referral for the new access to Lot C apply...15" culvert if required, 75 feet minimum between accesses, location must have good sight distance, etc. They just hadn't asked for a new access for Lot B in their application so we thought we would see if they could make the joint access thing work. Merry Christmas! Thanks, Heidi Original Message From: Chris Gathman Sent: Wednesday, December 23, 2009 6:37 AM To: Heidi Hansen Subject: FW: RE- 4968 Conditions of Approval Heidi, I received another call from Lisa Long on the Lot B access for RE -4968. Let me know how you want to address this condition. Lisa Long can also be reached via phone at 797-2187. Thanks and Have a Merry X-Mas!! 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: Chris Gathman Sent: Friday, December 04, 2009 4:13 PM To: Heidi Hansen Subject: FW: RE- 4968 Conditions of Approval Heidi, Heads up. It sounds like there is a bit of an access issue with Lot B of this RE. Let me know what you would like to do re: this condition. Thanks, Chris Gathman Planner III Weld County Department of Planning Services I Chris Gathman From: Sent: To: Subject: Heidi, Chris Gathman Friday, December 04, 2009 4:13 PM Heidi Hansen FW: RE- 4968 Conditions of Approval Heads up. It sounds like there is a bit of an what you would like to do re: this condition. 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 access issue with Lot B of this RE. Let me know Original Message From: Lisa Long[mailto:LisaLong@goldsteinenterprisesinc.com] Sent: Friday, December 04, 2009 3:55 PM To: Chris Gathman Cc: larryclark@goldsteinenterprisesinc.com Subject: RE- 4968 Conditions of Approval Chris, I hope you had a good week. I have run into a problem with one of the conditions of approval for recorded exemption 4968. Condition 3A of the review states that Lot B must use the ditch road access point and receive written permission from the ditch company (Speer Canal) to use the road. After some research I found out that Farmers Reservoir Irrigation Company owns the Speer Canal. I then contacted Manuel Montoya, general manager, in hopes of receiving the needed written permission. His response was that FRICO will not allow the ditch road to be used as an access point for the lot. Please advise. I greatly appreciate your time and help. Thanks, Lisa Long, Executive Assistant 1 Goldstein Enterprises, Inc. 1205 West Elizabeth Street — PMB 134 • Fort Collins, Colorado 80521 Phone: 970-797-2187 • Fax: 970-692-8342 Weld County Attn: Chris Gathman, Planner III Department of Planning Services 918 10th Street Greeley, Colorado 80631 Subject: Recorded Exemption (RE -4968) Dear Mr. Gathman: Please find enclosed the three paper copies of the plat for the above mentioned recorded exemption application. I am also addressing all staff comments identified in your letter dated October 27, 2009. Res onses to Conditions of A royal 1. The septic system, when installed, will be designed and built under a required permit according to all i.S.D.S. regulations. 2. The applicant acknowledges that the quantity of water available for usage may be limited to specific uses per well and will contact the Office of the State Engineer, Division of Water Resources to discuss each individual situation during the well application process for each lot. 3. A. The Plat has been titled No. 1055-28-3 RE -4968 B. Lot A will use the existing oil and gas/ agricultural access point as shown on the plat. C. The applicant contacted Farmers Reservoir Irrigation Company as they own the Speer Canal and control access to the ditch road proposed as an access point for Lot B. The company would not give the applicant permission to use the ditch road as an access point for Lot B. The applicant then contacted Chris Gathman who sent the issue to Public Works for review. The applicant was contacted by Heidi Hanson at public works on December 23, 2009. Heidi stated that Lot B is granted an additional access point off County Road 41. The granted access point for lot B is shown on the plat. D. Lot C will use the granted access point as shown on the plat. E. Lot D will use the existing agricultural/oil and gas/ditch access points as shown on the plat. F. The approved access is shown on the plat and Weld County Public Works will be contacted for approval of construction of the access. G. The Right -Of -Way for County Road 40 and 41 are shown on the plat. H. The applicant received a letter from the Weld County School District RE -1, date September 28, 2009, indicating that a payment of $3,262.60 is due to the school district prior to the approval of the recorded exemption. In a conversation with the Superintendent of the RE -1 T:\CORPORATE CONTRACTS ETC\Goldstein Enterprises Inc\Roswell 4 Lot RE\Responses to Conditions of Approval 110509.doc school district, Dr. Jo I3arbie, on October 7, 2009, she agreed to enter into a Contractual Agreement with the Applicant for payment of the fee upon sale of the proposed Lots A, B, and C by the applicant to a third party, or upon the Applicant's application for a building permit to construct a residence on Lots A, B, and C. The Applicant has signed said Agreement, and the School District has waived the requirement for payment of the fee as a condition of the approval of the Recorded Exemption. (See attached Agreement.) I. Both parcels have been combined into a single parcel via a quit claim deed recorded on December 15, 2009, reception number 3565179, in Weld County, Colorado. (See attached deed.) J. Proposed Lots A, B, and C will comply with the Weld County code net -minimum acreage requirement of 2.5 acres. K. Lot D will comply with the Weld County code net -minimum lot size requirement of 120 acres. L. Attached is the tax statement from the Weld County Treasurer's office showing there are no delinquent taxes due. M. Statements referenced in notes (1) through (19) have been placed on the enclosed plat. 4. Included with the response are three (3) paper copies of the plat. The applicant acknowledges the requirements, deadlines, and fees associated with the provision of Mylar plats. 5. The applicant acknowledges deadlines and fees for recording the plat. 6. The surveyor has been asked to remit the plat in an acceptable digital format to maps@co.weld.co.us. 7. Applicant understands the conditions and the potential for a review by the Weld County Board of Commissioners. Respectfully submitted on behalf of Roswell Checketts, Lisa Long Authorized Agent for Roswell Checketts 1205 W. Elizabeth Street, PMB 134 Fort Collins, CO 80521 970-797-2187 lisaiongPgoldsteinenterorisesinc.com T:\CORPORATE CONTRACTS ETC\Goldstein Enterprises Inc\Roswell 4 Lot RE\Responses to Conditions of Approval 110509.doc toteg COLORADO August 31, 2009 Roswell Checketts c/o Lisa Long 1205 W Elizabeth St PMB 134 Ft Collins CO 80521 DEPARTMENT OF PLANNING SERVICES 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 Subject: RE -4968 - A Recorded Exemption located on a parcel of land described as SW4 of Section 28, T4N, 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. If you have any questions concerning this matter, please call me. Sincerely, Chris Gathman Planner Will Re COLORADO APPLICATION FLOW SHEET APPLICANT: Roswell Checketts CASE #: RE -4968 REQUEST: Four -Lot Recorded Exemption LEGAL: SW4 of Section 28, T4N, R65W of the 6th P.M., Weld County Colorado. LOCATION: North of and adjacent to CR 40 and east of and adjacent to CR 41 PARCEL ID #: 1055 28 000002 & 1055 28 300008 ACRES: 153+/- Acres D Application Received Application Completed 08/28/09 KO Referrals listed 08/31/09 KR Vicinity map prepared 08/31/09 KR File assembled 61131(4 K�� „✓) Case logged in computer -2 Letter to applicant mailed 7.- Referrals mailed Field check by DPS staff Administrative Review decision: /z\� t L i C j .•� �\ Board of County Commissioners hearing (if applicable) County Commissioners Hearing Date Date B y Surrounding property owners notified Presentation prepared CC action: CC resolution received 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_ Plat recorded and filed / , *26 fib RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED. RECEIPT/AMOUNT # 1$ CASE # ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: i)Parcel Number L 5 5_ Z S _ v_ o o_ 00 Z z) pa tqc I Klurhi er 15— (12 digit number - found on Tax ID. inforrT tion, obtainnable at th Wel County Assessor's Office, or www.co,weld.co.us) Legal Description SW `/y , Section 2,s Township '--1 North, Range(05-West _ / Has the property been divided from or had divided from it any other property since August 30, 1972? Yes No V Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes No FEE OWNER(S) OF THE PROPERTY: Name: 1ZAS60tA eVic,{Ze S Work Phone Ell 0-- o2-50Home Phone # Email Address Address: Z150(D Lou n Road 43 City/State/Zip Code LA &L i l Q 1 (0 APPLICANT OR AUTHORIZED AGENT (See Below. Authorization must accompany all applications signed by Authorized Agent) Name: Li50. L (I\ Work Phone #970 -1 i$`1 Home Phone # Email Address. Uscz.{ rig �4.�1eltykke,eprises)1t.c.c�., Address: _ 1 U l l)esi- Ci j z,:� bL{-h 5�ree k PMf3 s3� f City/State/Zip Code 506- Co it t r1 S 1 (0 9(Y51\ Lot A Smaller Parcel Lot B Lot C Lot D Water Source pr-;ppy) eel (eJ el) Pro 906 ed we i S ).9rt l � oscewe l [cueu Perrni+- 13=ii Type of Sewer proposCdcQhv Proposed (../pfic. Pro?o`.cdS ytl ro o,zo(`(..p-tic.. Proposed Use angle Caryl ii,j Si 1-r I -C., fclVYltlt S'iri. it Rirn; ty A5ric:-(A.k'l"ut✓L t% - 13 0 Acreage 10 1 0 ___ 1 0 �l Existing Dwellings? None, If Yes, list address below: /g4/4/6 Ci2,// If Yes, list address below: /q 7/ 4,,aq) If Yes, list address below: 190fB efe,q) If Yes, list address below: go/49 oR' k If the property is vacant or umm r d t d p ove wn a pr�N�w water source and proposes sewer system for each parcel In the blanks above. For example, if a well and septic is proposed state: proposed well, proposed septic. I (We) request that the following described property be designated a Recorded Exemption by the Weld County Board 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 be included showing the signatory has the legal authority to sign for the corporation. g1 H 12-bO9 Signature: Own r or Authorized Agent Date Signature: Owner or Authorized Agent Date ( Aug 13 09 09:05p Roswell 9'' 284-5461 p.1 August 10, 2009 Weld County Planning 918 Tenth Street Greeley, Co 80631 To Whom it May Concern: This letter hereby names: Roswell Checketts 21506 County Road 43 LaSalle, CO 80645 Goldstein Enterprises, Inc.: either through Lisa Long or Larry Clark 1205 W. Elizabeth, PMB 134 Fort Collins, Co 80521 as the Authorized Agent to act on our behalf regarding the Ring of amendments for lot line adjustments and/or Recorded Exemptions, to any, or ail, of the following properties: Lot —A: RE -4735 County of Weld, State of Colorado Parcel: 105528400003 —Account: R5275608, and; W s SW % Section 28 Township 414 Range 65 Parcel #:105528000002 Acct Si: R4367886 E %, SW % Section 28 Township 4N Range 6S Parcel #:1055283010008 Met fl: R5344209 Roswell Checketts The foregoing was acknowledged before me by Roswell Checketts, this day of ISk)S't , 2009, tness my hand andd official ,se, seal J eJ&Y NOTARY PUBLIC My commission expires: -1 61 Date TACORPORATE CONTRACTS ETCtiGoldstein Entertxises'inc\Chechetts Authorized Agent Letter 0a1009.docx RE Questionnaire 1. A. Water will be provided to proposed lots A, B, and C through proposed individual wells. The owner will apply for all required well permits when the lots are developed. Lot D will be supplied with water from a well (permit number 7341 is attached). B. Owner currently irrigates land in proposed lot D through 2 shares of capital stock in Platte Valley Irrigation Canal. 2. An engineered septic system will be designed, constructed, and permitted according to Weld County ISDS requirements for each proposed lot A, B, C, and D at the time the land is built upon. 3. The owner currently grows Alpha on approximately 100 acres and irrigates the land with a pivot sprinkler. The remaining land located in the west end of the property next to County Road 41 is vacant. There are eight oil and gas wells located on the two parcels (see attached map for locations). Two of the wells are located in proposed lot A located in the NW corner adjacent to CR 41.The remaining oil and gas wells are located in proposed lot D. 4. Proposed lot A is approximately 10 acres located on the very NW corner of the property. Proposed lot B will be 10 acres located directly below lot A in the NW corner. Both lots east boundary lines will be outlined by the Speer Canal and will be single family building sites. Proposed lot C will be 10 acres located at the very SW corner of the property. This lot will also be turned into a single family building site. Proposed lot D will be the remaining land from Parcel 10528000002 combined with Parcel 105528300008 to create a total lot size of approximately 130 acres. This land will continue being used for agriculture by the owner. 5. The Speer Canal runs through the NW corner of the property. There is also a pond located on the west side of the property just south of the canal. The land slopes from north to south with the highest points and best views in the Northern portion of the property. 6. No building envelopes are requested. 7. There are no business uses or uses by special review. 3 Q CD U Tv - 4..71 Lot C -PI i 0 oa;c re 5 v oC eff 1.11,5 Q W0 n L WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H St PO Box 758 Greeley CO 80632 Phone: (970 )356-4000 x3750 Fax: (970) 304-6497 Road File #: Date: RE # : Other Case #: 1. Applicant Name Li -61.1 -Or Phone 970 -icii-2i(j1 Address 126 We SA- aIA 5'tre.e t- PMa)31-i City `fl- CJ i 11' c State_ Zip 21 2. Address or Location of Access Section 246 Township ii. M Range iv5w Subdivision Block Lot Weld County Road #. 40 Side of Road Nord -h Distance from nearest intersectioniccrck a,-t- wce --to we.. -4 wcetk I 3. Is there an existing access to the property? Yes X No # of Accesses 4. Proposed Use: ( Permanent (?Residential/Agricultural ( Industrial ( Temporary ( Subdivision ( Commercial ( Other 5. Site Sketch * Sce Priit.check &ct W Legend for Access Description: AG = Agricultural RES = Residential O&G = Oil &Gas Q.R. = Ditch Road D = House Q = Shed A = Proposed Access + = Existing Access OFFICE USE ONLY: zy:As-rti'CWand 4ctspr1-&L ) propciedi {3G artJE.es access :r tia A Al 0 1 i + . O2.g0 tixAs '19 '\ exssri ctiib Atces 5 ct c c.es s Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions [] Installation Authorized ❑ Information Insufficient Reviewed By: Title: f IIIIII !Ill! f llll! lllfll 1111 fill 1!1111! III lull Ill! 1111 3566053 07/14/2008 02:32P Weld County, CO 1 0l 2 R 11.00 1) 34.10 Steve Moreno Clerk & Recorder or SPECIAL WARRANTY DEED �O.5g/0 THIS DEED, made this ft day of July, 2008, between FLANAGAN INVESTMENTS, LLC, a Colorado limited liability company, of the City and County of Denver, State of Colorado, the "Grantor", and t/ ROSWELL CHECKETTS and KERRY CHECKETTS, whose legal address is 21506 County Road 43, LaSalle, Colorado 80645, of the County of Weld, Stale of Colorado, the "Grantees"; WITNESSETH, That the Grantor, for and in consideration of the sum of Eight Hundred Forty -One Thousand and No/I0Oths U.S. DOLLARS (U.S. 5841,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold, and conveyed, and by these presents does grant, bargain, sell, convey, and confirm unto the Grantees, their heirs and assigns forever, as tenants in common, all the real property, together with improvements, if any, situate, lying, and being in the County of Weld, State of Colorado, described as follows: See Exhibit "A" attached hereto and incorporated herein by this reference, also known by street and number as: Vacant Land, LaSalle, CO 80645 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, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; provided, however, that Grantor reserves and retains unto Grantor, its successors and assigns, any and all minerals and mineral rights owned by Grantor that are associated with andlor appurtenant to the above bargained premises, including, but not limited to, any and all oil, gas, natural gas, hydrocarbons and other minerals. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantees, their heirs and assigns foreseer. The Grantor, for itself , its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantees, their heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through, or under the Grantor, except for those matters currently of record against the above bargained premises. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. FLANAGAN INVESTMENTS, LLC, a Colorado limited liability company By: 2P44L Timothy J. Flanagan, Manager. by Mark S. Goldstein, his attorney -in -fact STATE OF COLORADO ) )ss. County of 6Oe1416C ) The foregoing instrument was.ticlnowle¢gtl, as attorney -in -fact for Timothy J. Flanagan, as M limited liability company, the Granter. Witness my hand and official seal. My commission expires: dillt7?7.57// G-6 e me this / / day of July, 2008, by Mark S. Goldstein, cot* FLANAGAN INVESTMENTS, LLC, a Colorado Public [SEAL] 1111111 ##I## MII#II fff11# 1111 II#I #f fl##I III ##If # 11#I ##I 3566053 07/14/2008 02:32P Weld County, CO 2 01 2 R 11.00 D 84.10 Steve Moreno Clerk & Recorder Exhibit A f'ilc Nc.; 50277037 Parcel 1: The East Half of the Southwest Quarter (E1/2SWI/4) of Section Twenty-eight (28), Township Four (4) North, Range Sixty-five (65), West of the 6ik P.M., County of Weld, State of Colorado, EXCEPT the strip of land conveyed to FARMERS RESERVOIR AND IRRIGATION COMPANY in Deed recorded March 14, 1916 in Book 440 at Page 76, Weld County Records, County of Weld, State of Colorado. Parcel 2: The West Half of the Southwest Quarter (W 1 /2SW 114) of Section Twenty -Eight (28), Township Four (4) North, Range (65) West of the 6th P.M., County of Weld, State of Colorado, EXCEPTING therefrom right of way as conveyed to the FARMERS RESERVOIR AND IRRIGATION CO. by Deed recorded in Book 406 at Page 114, Weld County records; also EXCEPTING right of way conveyed by Deed recorded in Book 847 at Page 231, Weld County records, and EXCEPT that part conveyed to THE FARMERS RESERVOIR AND IRRIGATION Co. by deed recorded in Book 1109 at Reception No. 2049944, County of Weld, State of Colorado. Parcel 3: Lot A of Recorded Exemption No. 1055-28-4 RE -4735 recorded March 31, 2008 at Reception No. 3544518, apart of the West '/: of the Southeast 'A of Section 28, Township 4 North, Range 65 West of the 6's P.M., Weld County, Colorado. Weld County Treasurer Statement of Taxes Due Account Number 85344208 Assessed To Parcel 105528300008 CHECKETTS ROSWELL & 21506 COUNTY ROAD 43 LASALLE, CO 80645 Legal Description E2SW4 28 4 65 EXC A STRIP OF LAND CONVEYED TO FARMERS RESERVOIR & IRRIGATION COMPANY{DEEDED 03/14/1916 B440 P76} Situs Address Year 2008 Charges Tax Billed $23.23 Payments $23.23 Balance $0.00 Grand Total Due as of 11/12/2009 $0.00 Tax Billed at 2008 Rates for Tax Area 2182 - 2182 Authority WELD COUNTY SCHOOL DIST RE1 NORTHERN COLORADO WATER (NC CENTRAL COLORADO WATER (CCW CENTRAL COLORADO WATER SUBD LASALLE FIRE AIMS JUNIOR COL HIGH PLAINS LIBRARY Taxes Billed 2008 * Credit Levy Mill Levy 16.804000* 9.367000 1.000000 0.540000* 1.306000 2.155000 6.323000 3.260000 Amount $9.60 $5.33 $0.57 $0.31 $0.74 $1.22 $3.60 $1.86 40.755000 $23.23 Values Actual Assessed AG -DRY FARM LAND $1,943 $560 AG -WASTE LAND $39 $10 Total $1,982 $570 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES -AUGUST 1, REAL PROPERTY - AUGUST 1. Weld County Treasurer P.O. Box 458, Greeley CO 80632 1400 N 17th Ave, Greeley CO 80631 (970) 353-3845 ext. 3290 Weld County Treasurer Statement of Taxes Due Account Number R4367886 Assessed To Parcel 105528000002 CHECKETTS ROSWELL & 21506 COUNTY ROAD 43 LASALLE, CO 80645 Legal Description 12028 W2SW4 28 4 65 (3R2D2RES) Situs Address Year 2008 Charges Tax Billed $69.69 Payments $69.69 Balance $0.00 Grand Total Due as of 11/12/2009 $0.00 Tax Billed at 2008 Rates for Tax Area 0104 - 0104 Authority WELD COUNTY SCHOOL DIST RE1 NORTHERN COLORADO WATER (NC CENTRAL COLORADO WATER (CCW CENTRAL COLORADO WATER SUBD LASALLE FIRE AIMS JUNIOR COL HIGH PLAINS LIBRARY Taxes Billed 2008 ' Credit Levy Mill Levy Amount 16.804000* $28.73 9.367000 $16.02 1.000000 $1.71 0.540000` $0.93 1.306000 $2.23 2.155000 $3.68 6.323000 $10.81 3.260000 $5.58 40.755000 $69.69 Values AG -SPRINKLER IRRIGATED LAND AG -GRAZING LAND AG -WASTE LAND Total Actual Assessed $4,797 $1,390 $1,070 $310 $20 $10 $5,887 $1,710 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - AUGUST 1, REAL PROPERTY - AUGUST 1. Weld County Treasurer P.O. Box 458, Greeley CO 80632 1400 N 17th Ave, Greeley CO 80631 (970) 353-3845 ext. 3290 Weld County Treasurer Statement of Taxes Due Account Number R5344208 Assessed To Parcel 105528300008 CHECKETTS ROSWELL & 21506 COUNTY ROAD 43 LASALLE, CO 80645 Legal Description E2SW4 28 4 65 EXC A STRIP OF LAND CONVEYED TO FARMERS RESERVOIR & IRRIGATION COMPANY{DEEDED 03/14/1916 B440 P76) Situs Address Year 2008 Charges Tax Billed $23.23 Payments $23.23 Balance $0.00 Grand Total Due as of 07/30/2009 $0.00 Tax Billed at 2008 Rates for Tax Area 2182 - 2182 Authority WELD COUNTY SCHOOL DIST RE1 NORTHERN COLORADO WATER (NC CENTRAL COLORADO WATER (CCW CENTRAL COLORADO WATER SUBD LASALLE FIRE AIMS JUNIOR COL HIGH PLAINS LIBRARY Taxes Billed 2008 Credit Levy Mill Levy 16.804000` 9.367000 1.000000 0.540000* 1.306000 2.155000 6.323000 3.260000 Amount $9.60 $5.33 $0.57 $0.31 $0.74 $1.22 $3.60 $1.86 40.755000 $23.23 Values Actual Assessed AG -DRY FARM LAND $1,943 $560 AG -WASTE LAND $39 $10 Total $1,982 $570 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - AUGUST 1, REAL PROPERTY - AUGUST 1. Weld County Treasurer P.O. Box 458, Greeley CO 80632 1400 N 17th Ave, Greeley CO 80631 (970) 353-3845 ext. 3290 Weld County Treasurer Statement of Taxes Due Account Number R5344208 Parcel 105528300008 Assessed To CHECKETTS ROSWELL & 21506 COUNTY ROAD 43 LASALLE, CO 80645 Legal Description Situs Address E2SW4 28 4 65 EXC A STRIP OF LAND CONVEYED TO FARMERS RESERVOIR & IRRIGATION COMPANY{DEEDED 03/14/1916 B440 P76} Year 2008 Charges Tax Billed $23.23 Payments $23.23 Balance $0.00 Grand Total Due as of 07/30/2009 $0.00 Tax Billed at 2008 Ratcs for Tax Area 2182 - 2182 Authority WELD COUNTY SCHOOL DIST RE1 NORTHERN COLORADO WATER (NC CENTRAL COLORADO WATER (CCW CENTRAL COLORADO WATER SUBD LASALLE FIRE AIMS JUNIOR COL HIGH PLAINS LIBRARY Taxes Billed 2008 * Credit Levy Mill Levy Amount Values Actual Assessed 16.804000* $9.60 AG -DRY FARM LAND $1,943 $560 9.367000 $5.33 AG -WASTE LAND $39 $10 1.000000 $0.57 Total $1,982 $570 0.540000' $0.31 1.306000 $0.74 2.155000 $1.22 6.323000 $3.60 3.260000 $1.86 40.755000 $23.23 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - AUGUST 1, REAL PROPERTY - AUGUST 1. Weld County Treasurer P.O. Box 458, Greeley CO 80632 1400 N 17th Ave, Greeley CO 80631 (970) 353-3845 ext. 3290 REFERRAL LIST Name: Roswell Checketts County Attorney x Health Department _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 x Div. of Water Resources Geological Survey _Department of Health vDepartment 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 x 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 200O0 ft of Pub Airport Federal Communications Comm 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 x School District RE -1 Central Colo. Water Cons RR x Speer Canal x Platte Valley In. Canal Case #: RE -4968 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 fUr purL f;ri timquist {MUD Area) V —1 E Name: I CheCl2dts County Attorney Health Department Extension Office Emergency Mgt Office - Ed Herring Sheriffs Office Public Works _Housing Authority _ _Airport Authority Building Inspection )c -Code Compliance XN.-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 Case #: - 6'g Fire Districts Ault F-1 Berthoud F-2 _Briggsdale F-24 Brighton F-3 Eaton F-4 _Fort Lupton r--5 Galeton F-6 Hudson F-7 Johnstown F-8 LaSalle F-9 _Mountain Vievv 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 F-16 Union Colony F-20 Wiggins F-18 Windsor/Severance F-17 Legal P/SEA-4-1 r Gt)',,. /c JI ;2s4-405 Parcel ID # Ib c ?Obi 5064)8 Zone Acres? /53 USDA Airport Alb Geo Haz AJI FP? /1.(d Panel # IGA? AJ() ORD # MUD? N0 Other School District RE- i± _Central Colo. Water Conservancy Dist RR _Ditch Company, ,P/alt. Aktif,,) 4 i iia Art Elm9uist (MUD Area) Commissioner WilDe COLORADO Weld --Canty Referral SEP August 31, 2009 The Weld County Department of Planning Servicestasreceived the"foiiowingitem for review: Applicant Roswell Checketts Case Number RE -4968 Please Reply By September 30, 2009 Planner Chris Gathman Project Four -Lot Recorded Exemption Legal Location Parcel Number SW4 of Section 28, T4N, R65W of the 6th P.M., Weld County, Colorado. North of and adjacent to CR 40 and east of and adjacent to CR 41. For a more precise location, see legal. 1055 28 000002 & 1055 28 300008 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. F.1 See attached letter. O Please notify me of any public hearings regarding this request. Comments: Signature Agency Fi-slIA‘c, r I S 17/07 Da e Wed County Planning Dept. +918 10th Street Greeley, CO. 80631 +(970) 353-6100 ext.3540 +(970)304-6498 fax Weld County Planning be rtmenf GREELEY OFFICE Elk COLORADO MEMORANDUM SAP 187(m9 RECEIVED TO: Chris Gathman, Planning Services DATE: September 17, 2009 FROM: Heidi Hansen, P.E., Public Works Department st\t`\\ SUBJECT: RE -4968, Roswell Checketts The Weld County Public Works Department has reviewed this proposal. Staff comments made during thi phase of the process may not be all-inclusive, as other concerns or issues may arise during the remaining application p cess. Issues of concern must be resolved with the Public Works Department. Our comments and requirements are as follows: COMMENTS: WCR 41 is a local gravel road and requires a 60 -foot right-of-way at full build out. There is presently a 6 -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. I The most current road count for WCR 41 is 18 AADT taken in August of 2007. WCR 40 is a local gravel road and requires a 60 -foot right-of-way at full build out. There is presently a 6'ri-foot right-of- way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County IZoning (23-1- 90), the required setback is measured from the future right-of-way line. The most current road count for WCR 40 is 94 AADT taken in August of 2007. Direct access from a public road will be limited to one (1) per legal parcel, except as further limited or restri4ted by zoning or subdivision regulations. Additional accesses may be approved by the Department of Public Works oh the Board of County Commissioners. This policy shall apply to all new and existing accesses within the unincorporated areas of the County. Properties within municipalities or other counties which access County roads are subject to this policy. Road Access Culverts Sec. 8-3-10. Installation of culvert. The owner of the property shall pay for ma erials and the cost of installation for new road access culverts whenever the installation of a culvert is made necessary by he creation of a new access from private property to a County road, by any alteration of the natural flow of water across p ivate property by the owner, or for any other reason created by any owner of private property. The culvert shall be installe according to the specification of the Department of Public Work as to size and location in the County rights -of -way on other County property in which such culverts may be installed. The culvert size will be determined in accordance with standards engineering practices. The property owner shall be responsible for cleaning the borrow ditch to the extent required to accommodate the road access culvert and insuring proper drainage. REQUIREMENTS: The applicant shall utilize the existing oil & gas and agricultural access as a residential access to Lot A. The applicant shall obtain written permission from the ditch company to utilize the ditch road as a residential access to Lot B. The applicant shall add a new residential access on to WCR 41 for Lot C. If a drainage culvert is required, a 15 -inch corrugated metal pipe is the County's minimum size requirement. If the applicant chooses to place a arger culvert, please contact the Public Works Department to adequately size your culvert. This access point must be shown on the plat. Page 1 of 2 M:IPLANNING — DEVELOPMENT REVtEWIRE-Recorded Exempt on1RE-4968.docx Public Works requires that there is a minimum of 75 feet between access points to adjacent parcels and that an access is a minimum distance of 75 feet from an intersection (WCR 40 & WCR 41). The accesses shall be pla4ed in such a location to have adequate sight distance in both directions and not below the crest of a hill or where physic l obstructions are present. For Lot D, the applicant shall utilize the existing agricultural, oil and gas, and ditch roads necessary for your Operation. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the propeilty or become established as a result of the proposed development, the applicant/landowner shall be responsible for Oontrolling 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 ManagOment Agency (FEMA). pc: RE -4968 Page 2 of 2 M:IPLANNING -- DEVELOPMENT REVIEW\RE-Recorded Exemp4ion\RE-4968.docx Road File* RE#: 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 Date: Other Case #: 1. Applicant Name Lisa, Lan Phone QJ?O-1l-Zi�c1 Address I2{% Ltl e 7.4 (r,e.4-rNi tree t- ?MR i -i City r4-, L'_o i I i (1 S State CO Zip `5 06 21 2. Address or Location of Access Section Zi) TownshipN Range U55va Subdivision Block Lot Weld County Road #• L l0 Side of Road NarA-Ni Distance from nearest intersection ioc,A a a..+ Wc, i-+o aridt wca4 I 3. Is there an existing access to the property? Yes x No # of Accesses. `{ 4. Proposed Use: ( Permanent Q<Residential/Agricultural ( Temporary ( Subdivision ( Industrial ( Commercial ( Other ***************►***************************taut********************************************************************* ********* 5. Site Sketch Ste, rl H ctelneok .ct? Legend for Access Description: AG = Agricultural RES = Residential O&G = Oil & Gas D.R. = Ditch Road ❑ = House = Shed A = Proposed Access + = Existing Access OFFICE USE ONLY: eiJietlitA, 00664 AG15ef}(auks T LLL p ropase4 tul fifUtZeS a cce55 4 All r t URLIO UGci-t nU \ 2kiSrinkoo clac,nd'AGr 4nd le3r*1 AtcQss u tress. Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions D Installation Authorized ❑ Information Insufficient Reviewed By: Title: q( COLORADO fi Memorandum TO: Chris Gathman, W.C. Planning DATE: September 28, 2009 FROM: Lauren Light, W.C. Department of Public Health and Environment CASE NO.: RE -4948 NAME: Checketts Environmental Health Services has reviewed this proposal to exempt 3 lots off of a 160 acre parcel. Proposed Lots A, B and C will each be 10 acres in size and proposed Lot D will be 130 acres in size. There are no residences located on any of the proposed lots. Lots A, B and C are proposed for residential use and an individual sewage disposal system and individual well will be installed on each lot when residences are constructed. Lot D will continue to be farmed but does have a domestic well (permit 7341). An individual sewage disposal system will be installed if a residence is constructed on lot D in the future. The following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed home 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. Additionally, please note the following: 1. This application is proposing wells as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. Memorandum Wilk COLORADO TO: Chris Gathman, W.C. Planning DATE: September 28, 2009 FROM: Lauren Light, W.C. Department of Public Health and Environment CASE NO.: RE -4968 NAME: Checketts Environmental Health Services has reviewed this proposal to exempt 3 lots off of a 160 acre parcel. Proposed Lots A, B and C will each be 10 acres in size and proposed Lot D will be 130 acres in size. There are no residences located on any of the proposed lots. Lots A, B and C are proposed for residential use and an individual sewage disposal system and individual well will be installed on each lot when residences are constructed. Lot D will continue to be farmed but does have a domestic well (permit 7341). An individual sewage disposal system will be installed if a residence is constructed on lot D in the future. The following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed home 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. Additionally, please note the following: 1. This application is proposing wells as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. ativt 111k. cowrtwno Weld County Referral August 31, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Please Reply By Project Legal Location Roswell Checketts Case Number RE -4968 September 30, 2009 Four -Lot Recorded Exemption Planner Chris Gathman SW4 of Section 28, T4N, R65W of the 6th P.M., Weld County, Colorado. North of and adjacent to CR 40 and east of and adjacent to CR 41. For a more precise location, see legal. Parcel Number 1055 28 000002 & 1055 28 300008 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. ❑ ffi,/e have reviewed the request and find that it does /does not comply with our Comprehensive Plan traC 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: �/ 4,d 010 f m11 c"aJ /7,o,wokeQ�i z t tutu no 7/ed !J (J Signature Agency Date -2-n9 +Weld County Planning Dept. +918 10'h Street Greeley, CO. 80631 +(970) 353-6100 ext.3540 +(970)304-6498 fax Weld County Planning Department GREELEY OFFICE fg(Crig WIiDc. SEP 29 7(109 Weld Cou*Qra/ August 31, 2009 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Roswell Checketts Case Number RE -4968 Please Reply By September 30, 2009 Planner Chris Gathman Project Four -Lot Recorded Exemption Legal Location Parcel Number SW4 of Section 28, T4N, R65W of the 6th P.M., Weld County, Colorado. North of and adjacent to CR 40 and east of and adjacent to CR 41. For a more precise location, see legal. 1055 28 000002 & 1055 28 300008 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. D Please notify me of any public hearings regarding this request. Comments: Signature Agency 'ua jack cP-.9 Ia) -1 Date ❖Weld County Planning Dept. +918 10th Street Greeley, CO. 80631 +(970) 353-6100 ext.3540 +(970)304-6498 fax Weld County School District RE -I Gilcrest • LaSalle • Platteville P.O. Box 157 14827 W.C.R. 42 Gilcrest, CO 80623 Dr. Jo Barbie, Superintendent Jeff Cogburn, Director of Personnel & Auxiliary Services Scott Spearnak, Director of Learning Services Keith Ouweneel, Director of Technology September 28, 2009 Weld County Planning Department Attention: Chris Gathman 918 10th Street Greeley, Colorado 80631 RE: Case Number RE -4968 Dear Mr. Gathman: Phone 970-737-2403 Fax 970-737-2516 Metro 303-629-9337 We have reviewed the application by Roswell Checketts for RE -4968 and have the following comments: Weld County School District RE -1 has developed methodology for Land Dedication and/or In Lieu Payments. The current In Lieu Payment amount per single family unit is $1,054.20. Based on the information provided, it appears that there are plans to build new homes on parcels A, B, and C. Therefore, an in lieu payment in the amount $3,262.60 is due to the school district prior to approval of the recorded exemption. Sincerely, Dr. Jo Barbie Superintendent of Schools pc: Lisa Long, Agent BOARD OF EDUCATION Marsha Harris Randy Ray Ken Garcia David Eckhardt President Vice President Secretary Treasurer Patricia Montoya Steve Reams Director Director Our Total Commitment is to Provide an Exemplary Education and Safe Environment for all Students Agreement Roswell Checketts and Weld County School District RE -I Weld County School District RE -1 and Roswell Checketts agree to the following terms regarding Weld County Planning Department Case #RE -4968. 1. Roswell Checketts agrees to pay the school district the full in lieu payment for a single family dwelling unit on parcels A, B, and C in the amount $1,054.20 each at the time of sale of each parcel. The total amount due for all three parcels is $3,262.60. Roswell Checketts /9-01° -oqcC4k. , ., tall/d1 Date Dr. Jo BarbTe Date Superintendent of Schools COLORADO /s3 Weld County Planning Department GREELEY oFFIWeld County Referral SEP 2 8 ?Rlg RECEIVED August 31, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Roswell Checketts Case Number RE -4968 Please Reply By September 30, 2009 Planner Chris Gathman Project Four -Lot Recorded Exemption Legal Location Parcel Number SW4 of Section 28, T4N, R65W of the 6th P.M., Weld County, Colorado. North of and adjacent to CR 40 and east of and adjacent to CR 41. For a more precise location, see legal. 1055 28 000002 & 1055 28 300008 The application is submitted to you for review and recommendation. Any comments or recommenL.-ition 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 ilAe* 1—f k eokrza i�ltt5�r^cl� W:u\i t1 6-001 Date +Weld County Planning Dept. +918 10th Street Greeley, CO. 80631 +(970) 353-6100 ext.3540 +(970)304-6498 fax 10/02/2009 10:34 9703539703 DITCH OFFICE PAGE 02 COLORADO Weld County Referral August 31, 2009 The Weld County Department of Planning Services has received the following item for review, Applicant Roswell Checketts Case Number RE -4988 Please Reply 8y September 30, 2009 Planner Chris Gathman Project Four -Lot Recorded Exemption Legal SW4 of Section 28, T4N, R65W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 40 and east of and adjacent to CR 41, For a more precise location, see legal. Parcel Number 1055 28 000002 & 1055 28 300008 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. Cl 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 )-e-C#104- V�✓f(c_ YN/• Date +Weld County Planning Dept. 4,918 10" Street Greeley. CO. 80631 #(970) 353.6100 ext.354a +(970)304.6498 fax 09/30/2009 07:43 3036591768 BRIGHTON USDA PAGE 01/04 11lik COLORADO - The Weld County Department of Planning Services has received the following item for review: Applicant Roswell checketta Case Number RE -4958 .__...._ _ Planner Chris Getman Project Legal Location Parcel Number Four -Lot Recorded Exemption SW4 of Section 28, T4N, R65W of the 6th P.M., Weld County, Colorado. Platte Vollty SOO Conservation DiIstvitt Weld County Referral August 31, 2009 North of and adjacent to CR40 and east of and adjacent to CR 41. For a more precise location, see legal. 1 055 28 000002 & 1055 28 300008 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. Cl Please notify me of any public hearings regarding this request, Comments: Signature Agency itaz& v l4o. Date +Weld County Planning Dept. 4918 10" Street Greeley, CO. 80631 4(970) 353-.6100 ext.3540 +{970)304408 fax xi a V 4 CR 40 I X111111 ��t�11 �� \II �t� 1 W I1IL ��11II llllll e,d County, CO 3666179 12/15/2009 03.08P 1 of 5 R 26.00 D 0.00 Steve Moreno Clerk & Recorder QUIT CLAIM DEED THIS DEED, made and entered into effective this 1 day of 0 'e.G , , 2009, by and between ROSWELL CHECKETTS AND KERRY CHECKETTS, whose legal address is 21506 County Road 43, LaSalle, Colorado 80645, of the County of . Weld, State of Colorado, the "Grantors", and, ROSWELL CHECKETTS AND KERRY CHECKETTS, whose legal address is 21506 County Road 43, LaSalle, Colorado 80645, of the County of Weld, State of Colorado the "Grantees". WITNESSETH, that the Grantor, for and in consideration of the sum of TEN AND NO/100 U.S. DOLLARS ($10.00), the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, and QUIT CLAIMED, and by these presents does remise, release, sell, and QUIT CLAIM unto the Grantee, its successors and/or assigns forever, all the right, title, interest, claim, and demand which Grantor has in and to the real property described in Exhibit "A" and Exhibit "B" attached hereto, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, the new property legal description is described as follows: SEE EXHIBIT "C" ATTACHED HERETO TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, behoove to the use and benefit of the Grantee, its successors and assigns forever. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the Grantor has executed this Deed effective on the date set forth above. vdA (Ada:6-- Roswell Cheeketts Kerry hecketts STATE OF COLORADO COUNTY OFD ) ss. c, The foregoing quit claim deed was acknowledged before me this day of '� , 2009 by Roswell Checketts. Witness my hand and official seal. L-ato'Ia-- My commission expires Notary Public After recording. return to: ATTN: Lisa Long Goldstein Enterprises, Inc 1205 W. Elizabeth Street PMB 134, Fort Collins, CO 80521 S: 1111111111111111111111111111111111111111111111111111111 3665179 1211512009 03:08P Weld County, CO 2 of 5 R 26.00 D 0.00 Steve Moreno Clerk & Recorder STATE OF COLORADO COUNTY OF C ) ss. The foregoing instrument was acknowledged before me this ! day of Checketts. Witness my hand and,Official seal. J7 [f n c r 7 My commission expires e ra4t 2009 by Kerry 'icN)catii 111111111111111111111111111111111111111111111111111111 3665179 12/15/2009 03:08P Weld County, CO 3 of 5 R 26.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT A Weld County Parcel #:105528000002 Legal Description: 12028 W '/2 SW '/4 Section 28 Township 4N Range 65W OF THE 6T" P.M., County of Weld, State of Colorado, EXCEPTING therefrom right of way conveyed to the FARMERS RESERVOIR AND IRRIGATION CO. by Deed recorded in Book 406 at Page 114, Weld County records, and EXCEPTING right of way conveyed to THE FARMERS RESERVOIR AND IRRIGATION CO. by deed recorded in Book 1109 at Reception No. 2049944, County of Weld, State of Colorado. 3665179 12/15/2009 03:08P Weld County, CO 4 of 5 R 26.00 0 0.00 Steve Moreno Clerk & Recorder EXHIBIT B Weld County Parcel #: 105528300008 Legal Description: E''/ SW '/4 Section 28 Township 4N Range 65W of the 60 P.M., County of Weld, State of Colorado, EXCEPT the strip of land conveyed to FARMERS RESERVOIR AND IRRIGATION COMPANY in Deed recorded March 14, 1916 in Book 440 at Page 76, Weld County Records, County of Weld, State of Colorado. I IJII 111111 111111 III 1111111 I1II iu 11111 IMI III 3665179 12/15/2009 03:08P Weld County, CO 5 of 5 R 26.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT C LEGAL DESCRIPTION: THE SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 4 NORTH, RANGE 65 WEST, OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING: CONSIDERING THE WEST LINE OF THE SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 4 NORTH, RANGE 65 WEST, OF THE 6TH P.M., AS BEARING NORTH 00°32'50" WEST BETWEEN A FOUND 2 1/2" ALUMINUM CAP LS 9644 AT THE SOUTHWEST SECTION CORNER AND A FOUND 3 1/4" ALUMINUM CAP LS 4392 AT THE WEST 1/4 CORNER AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO. COMMENCING AT THE SOUTHWEST SECTION CORNER OF SECTION 28, TOWNSHIP 4 NORTH, RANGE 65 WEST SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 28 N 00°32'50" W FOR A DISTANCE OF 2656.30 FEET TO THE WEST ONE -QUARTER CORNER OF SAID SECTION 28; THENCE DEPARTING SAID WEST LINE ALONG THE NORTH LINE OF SAID SOUTHWEST 1/4 S 89°55'49" E FOR A DISTANCE OF 2625.49 FEET TO THE CENTER ONE -QUARTER CORNER OF SAID SECTION 28; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST 1/4, S 00°18'57" E FORA DISTANCE OF 2619.54 FEET TO THE SOUTH ONE -QUARTER CORNER OF SAID SECTION 28; THENCE ALONG THE SOUTH LINE OF SAID SOUTHWEST 1/4, S 89°15'59" W FORA DISTANCE OF 2614.77 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 158.67 ACRES. SUBJECT TO COUNTY ROAD RIGHT-OF-WAY DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATER RESOURCES September 9, 2009 Mr. Chris Gathman Weld County Planning Department 918 10th Street Greeley, Co 80631 Re: Exemption from Platting -Roswell Checketts Case No. RE -4968 SW1/4, Sec. 28, T4N, R65W, 6th P.M. Water Division 1, Water District 2 Dear Mr. Gathman: Wald County Planning Department GREELEY OFFICE SEP 14 7npq RECEIVED Bill Ritter, Jr. Governor Harris D. Sherman Executive Director Dick Wolfe, P.E. Director/State Engineer We have reviewed the above referenced proposal to create by exemption four lots of 10 acres (Lots A, B and C) and 130 acres (Lot D). The water supply for Lot D will be from an existing well, permit no. 7341 and Lots A, B and C will be supplied by new individual on -lot wells. Since the submitted material does not appear to qualify as a "subdivision" as defined in Section § 30-28-101(10)(a), C.R.S., pursuant to the State Engineer's March 4, 2005 memorandum to county planning directors, this office will only perform a cursory review of the referral information and provide comments. The comments will not address the adequacy of the water supply plan for this development or the ability of the water supply plan to satisfy any County regulations or requirements. In addition, the comments provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the issuance of a well permit, or the physical availability of water. Well permit no. 7341 was issued on October 25, 1960 for domestic purposes. Note that the use of the ground water for wells constructed and put to beneficial use prior to May 8, 1972 is limited to the uses that can reasonably be shown to have existed as of May 8, 1972 or the uses that can reasonably be shown to have been intended as of May 8, 1972 (provided such uses do not exceed the statutory use limits for a residential well as specified by CRS 37-92-602(1), which allows for up to three single-family dwellings, the watering of domestic animals and livestock, and the irrigation of not more than one acre of home lawn and garden). Well permit no. 7341 can be used to serve the proposed Lot D as long as the well is operated in accordance with the terms and conditions of the well permit. The ability for proposed Lots A, B and C of RE -4968 to obtain a well permit will be evaluated at the time that the well permit application is submitted. Should you have any questions in this matter, please contact loana Comaniciu of this office. Sincerely, na Williams, P.E. er Resource Engineer Cc: Jim Hall, Division Engineer Scott Edgar, Water Commissioner, District 2 Office of the State Engineer 1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589 www.water.state.co.us WATER SUPPLY INFORMATION SUMMARY Section 30-28-133dd1, C.R.S. requires that the applicant submit to the County, Adequate evidence that a water supply that is sufficient in terms of quantity, quality and dependability will be available to ensure an adequate supply of water. 1. NAME OF DEVELOPMENT AS PROPOSED 2. LAND USE ACTION 3. NAME OF EXISTING PARCEL AS RECORDED 1,0 5 5 2S 360 0 oS a i ( a5 Z1:3 0 000 6`2 - SUBDIVISION FILING BLOCK LOT 4. TOTAL ACREAGE is-� 5. NUMBER OF LOTS PROPOSED f PLAT MAP ENCLOSED 0 YES B. PARCEL HISTORY - Please attach A. Was parcel recorded with county prior B. Has the parcel ever been part of a If yes, describe the previous action copies of deeds, plats or ether evidence or documentation. 0 YES 0 NO to June 1, 1972? D YES 0 NO division of land action since June 1, 1972? 7. LOCATION OF PARCEL - Include a map deUniatiny the project area and tie to a section corner. SECTION '21) TOWNSHIP ` ! Wl N ❑ S RANGE 6 0 E 12I W 114 OF S W 1/4 PRINCIPAL MERIDIAN: '6c] 6TH 0 le.M. 0 UTE 0 COSTILIA B. PLAT - Location of all wells on property must be platted and permit numbers provided. Surveyors plat 0 Yes 0 No If not, scaled hand drawn sketch 0 Yes 0 No 9. ESTIMATED WATER REQUIREMENTS HOUSEHOLD USE # 1 of units - Gallon. per Day or Acne Foot per Ysar 10. WATER SUPPLY SOURCE 0 NEW WELLS - PROPOSE), MUM - {CHECK ONE) ❑ ALLUVIAL ❑ uwrii ARAPAHHOE d mil DAVI= O LOWER uuPAHOE ❑ LO DAWSON ❑ uMLeE FOX HID ❑ DOWER ❑ DAKOTA O ones GPO AF El EXISTING ❑ DEVELOPED WELLS SPRING WELL PERMIT NUMBERS 7 3�+ I COMMERCIAL USE # of S.F. GPD AF IRRIGATION N of acres GPD AF WATER COURT DECREE CASE NO.'S ❑ MUNICIPAL STOCK WATERING # of head GPO AF OTHER - GPD AF ❑ ASSOCIATION 0 COMPANY ❑ DISTRICT NAME TOTAL GPO AF LETTER OF COMMITMENT FOR SERVICE 0 YES 0 NO 11. ENGINEER'S WATER SUPPLY REPORT 0 YES TEA NO IF YES, PLEASE FORWARD WITH THIS FORM. (This mey be required before our review is completed.) 12. TYPE OF SEWAGE DISPOSAL SYSTEM Z SEPTIC TANKILEACH FIELD ❑ LAGOON 0 ENGINEERED SYSTEM Runk . copy 0 CENTRAL SYSTEM ❑ VAULT • LOCATION of .nyineemq desigei 0 OTHER - DISTRICT NAME SEWAGE HAULED TO TE OF COLORADO DIVISION OF WATER RESOURCES OFFICE OF THE STATE ENGINEER GROUND WATER SECTION LOG AND HISTORY PERMIT Lie. Drilled by CummingWell Works No. 3, Owner Berman Erause 'Address Rt. LA Box 61, Walls. Co1.0. Tenant Used for Domestic on or by814, s .See 28. T 4R. R 65W (description of site or land) Date Started Nov ember 2 1998 Date Completed N'fovember 3 19_8a Date Tested December 6 , 19_0p 4 Yield 12 gpm cfs Pump type Subzero. Outlet Size is Driven by 3/4 HP @ RPM 3600 Depth to Water 90 Ft. Draw down100 Ft. Depth to Inlet 136 Ft.; Bowl Ft. Size and Kind of Casing: 3s stan From O to 133 Typeetfet t•..11 1b. From to Type Wt. - From to Type Wt. _--- Perforations: Size and Type None From to Type Size From to Type Size From to Type Size Well description: Total Depth tin V Ft. (from 0 to in f t: Hole (from Diam.{ j'� t° 2G0 3/4 (from to in. in. OF WELL 13q/ MAR 221961 GROUND WATER SECT. COLORADO STATE ENGINEER WELL LOCATION 7.1 � ` County _BE `, ol _ of Sect. 9os Twp• 4 N , Rge. _, pPM LOCATE WELL ACCURATELY IN THE SMALL SQUARES REP - PRESENTING 40 ACRES N I I f - - - __-__ I. i I i i i____ I i 1 1 i I I x .1 i i S If the above is not applicable fill in: E Town or Subdivision Street Address or Lot & Block Ground elevation (if known) How Drilled: Rotary REMARKS Cementing, Packing, Type of Shut-off, Depth to Shut-off, etc. PUT LOG OF WELL ON RE- VERSE SIDE TO BE MADE OUT IN QUADRUPLIC TE: Original B sae and Duplicate Green to State Engineer's Office, White copy to Owner, and Yellow copy td' Driller LOG OF WELL (ADD SPACES AS NEEDED) From 0 ft. to 20 ft. Clay 20 ft. to 21 ft. Coal formation 21 ft. to 42 ft. Clay' '42 ft. to 44 ft. Cap rock 44 ft. to 46 4 K 65 67 74 76 83 86 88 97 104 107+ 110 123 126 127 131 132 140 141 164 165 200 ft w p N N N U N N R N r r N et is N €t. Coal 65 Shale 67 ,Bard cap rock 74 Shale 76 Coal 83 Shale 86 Coal 88 Shale 97 Sandstone 104 Shale 107- Coal 110 Sandstone 123 Shale 126 Sandstone 127 Coal 131 Shale 132 Coal 140 Shale 141 Coal 164 Sandstone 165 Hard Cap rock 200 Good coarse sandstone Shale Depth of well 200 ft. 133 ft. of 50D etan steel casing Rest open hole. N Form C(Rev.) STATE OF COLORADO CAI U'� � ► 7--58/5M APPLICATION FOR USE OF GROUND WATER (Use Indelible Pencil or Typewriter) 001'251960 GROUND WATER SST, Applicant He n > r se LOCATION OF WEtkoRADo County Weld - STATE ENGINEER— P.O. Address..u, 1 01. laSa1.19% Cole. 1 Quantity applied for S gpm or $c_j i 1 , u Sect. 28 . Twp. a AF Storage Used for _Dome at to Purposes on/at spa.. §W+. S 28_ 4 617 (legal description of land site) Total acreage irrigated an other rte. ESTIMATED DATA OF WELL Hole size: to in. to 200 ft. in. to ft. Casing Plain i in. from_g_to o_ft. Rest open in. from to ft. Perkins*. from -to -ft. in. from to ft. PUMP Outlet DATA: Type Sara .HP344 Size_ Use initiation date gamber. 19151_. (Use Supplemental pages for additional data) THIS APPLICATION APPROVED P. M. OR Street Address or Lot & Eloc No. Town or Subdivision N 1 L I i I- j i _- --I__—„------.. 1 1 • w Locate well in 40 acre E (small) square as near as possible, $25.00 fee required for Industrial, Commercial. or Irrigation uses. NO. "fit Applicant Norman Kraus* Agent or DATE OCT 2 5 1960 19 Driller Otalataina Tall Werra No. 73 Address 121' l3tb St. Greeley, Cols* NOTE SATISFACTORY COMPLETION REQUIRED FOR APPROVAL OF APPLICATION Hello