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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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20093456.tiff
zz ly 114 qo g &E fig Leg ga x°5 441.0. ItS a M =d §1Z WI eg 151"W — 3,9Y.c0.005 .t£'9LZI 3,9,.£¢005 .62"91.1 r,9£•,LQODN �_ m� 9p r ffi P P r s s 8 11-4 nos the original seal and signature o1 the surveyor a1 6 ;-c19 ._ Fib $ 142 5 she at Tb$ �! �m •f tl3 'M Y9 e _ y �o ffi 99 tl Yi^ Lt dO S x I 5 4L6Y-3}1 HIIVIS :09.01.nt/ 1.060-H11N$ :ON BOP 6Vaiv Wilk COLORADO DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW f Applicant: James & Alice Smith RE -4974 Planner: Brad Mueller Legal Description: Lot B of AmRE-3879, also being a part of the N2 SE4 of Section 1, Township 4 North, Range 65 West of the 6th P.M., Weld County, CO. Parcel ID #: 1055 01 100002 Lot A Size: +1- 3.5 acres Lot B Size: +/- 60 acres Water Source: Lot A: Proposed Central Weld County Water District Lot B: Central Weld County Water District Sewer System: Lot A: Proposed Individual Septic Disposal System Lot B: Existing Septic Permit SP -0400323 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. 1 2. Topographic or physical features of the proposed lots, 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. 1055-01-1 RE -4974. B. Proposed Lots A and B shall use the existing residential access points as no additional 0 accesses shall be granted off of either County Road 49 or County Road 50. ArrD .'tc ff a AST C. Lots A and B of this RE -4974, as well as Lot A of AmRE-3879, shall share an access at the existing access point; no circle drives or additional accesses shall be granted. The pc,;,u-y access road shall be graded and drained to provide all weather access. A 30 foot wide joint access and utility easement, for the benefit of Lots A and B of this RE -4974, as well as Lot A of AmRE-3879, shall be shown clearly on the plat. The joint easement shall be 0 dedicated for the use as shown using the language set forth in the Weld County Code, ecki. 1.04 A, Appendix 24-F.2. ArAg€ , 3 4 D. Utilize the existing agricultural, oil and gas, and ditch road access points necessary for agricultural operations, as no additional accesses shall be granted. E. County Road 49 is designated on the Weld County Road Classification Plan as a Strategic Roadway, which requires 140 -foot right-of-way at full build -out. There is presently 60 feet of right-of-way. An additional 40 feet shall be delineated on the plat as ,j future County Road 49 right-of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify 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. County Road 50 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full build out. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. G. The applicant shall address the comments of School District RE -7 (Platte Valley) as t) stated in the referral response dated October 1, 2009. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. H. The applicant shall provide the Weld County Department of Planning Services with a O Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. 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. 2 • 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.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 the lot has an adequate water supply of sufficient quality, quantity and dependability. 6) All septic systems must be located on their respective lots and meet all lot line setback requirements. 7) 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. 8) 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. 9) 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. 10) 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) 11) 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) 12) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively 3 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 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 G1S formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(a�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: December 3, 2009 Brad Mueller D Weld County Planning 5 "PrcAr-r i z) Z 1 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 letering / Minimum 8 pt. lettering Boundaries of Lots / Scale Suitable Scale? (1"=200' or 1"=100`) r/ Accesses indicated Shared Access If so, is easement Certificate included? tit e. 0 Roads labeled, including R.O.W ✓ Building Envelope(s) —. Vicinity Map Suitable Scale' (Minimum 1" = 2000') v North Arrow ,.% Legal Description I Notes from Planner/ Development Standards F k./' Conditions of Approval O 5C• Hoe" o -ro..xi L. Owner's Certificate Notarial Certif check the dee 1. i care included? All owners must sign the plat, Surveyor's Certificate and Surveyor's Stamp All surveyed plats Note: USR plats do not need to be surveyed Director of Planning Certificate Notarial Certificate Approved) included? (RE, SE, SPR, Final PUD if Staff , �. Planning Commission Certificate (USR, COZ, Minor I Sub. Final) i Board Certificate (USR, COZ„ I{rlinor (Final PUD, RE, Sub Final) SE & ZPMH if Board approved) Typical Road Cross Section (COZ, Final Minor Sub. and Final PUD) Easements Please return the plat to the GIS Technician rilithin 24 hours of receiving the plat. 'et Planner on Call: Planner Signature: (Initials) S r ..-. '( caw ;-' - r - O rrt a ! 4.< /S I L -t raizP, Sf !r.3 N 6.3 Ac Le — In he.<d Date: WELD COUNTY, COLORADO .,.dDEPARTMENT OF PLANNING SERVICES 918 10TH STREET GREELEY, CO 80631 PHONE: 970-353-6100, EXT. 3540 / FAX: 970-304-6498 Date: Received From: 20 Receipt No. I Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR 4221 -SITE PLAN REVIEW 4221 -CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB # OF BUILDABLE LOTS 4221 -ADDITIONAL 30% FEE FOR SUB's 4221 -RE -SUBDIVISIONS 4221 -BOA 4221-FHDP/G HDP 4430 -MAPS / POSTAGE 4430 -COPIES 4730 -INVESTIGATION FEE 6560 -RECORDING FEE MISC. Li CASH Q CHECK NO. Receipted By: TOTAL FEE DL# Exp. Chris Gathman From: Sent: To: Subject: Chris Gathman Wednesday, February 03, 2010 9:49 AM 'Ann' RE: AMRE-3879 Ann, I did not see that one. I thought I had sent comments yesterday but evidently I never sent the e-mail: RE -4974: All changes have been made. You can prepare the mylar. There are two outstanding conditions: 1) Evidence that RE -7 School District requirements have been addressed. 2) Certificate of Taxes. AMRE-3879: I did not see a copy of the AMRE-3879 plat. The only change (per Brad's comments) was to add "residential" to the existing residential access point (the same as RE -4974). I do not need to see another copy prior to going to mylar. 1) Certificate of Taxes. 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 Original Message From: Ann [mailto:anmc@comcast.net] Sent: Wednesday, February 03, 2010 9:36 AM To: Chris Gathman Subject: AMRE-3879 2/3/10 I understand you have RE -4974. AMRE-3879 was turned in with the other plat 12/29/09. Do you have that one, also? Thanks. Anne McLellan Alles and Associates, Inc. (970) 284-9562 1 Chris Gathman To: Subject: allesco@corncast.net AMRE-3879 & RE -4974 plats I have reviewed the RE -4974 plat. All the changes have been made and the mylar can be prepared. The only outstanding conditions were: 1) Updated Certificate of Taxes. 2) Address the requirements of the RE -7 (Platte Valley) School District I have not seen another draft of the AMRE-3879 plat. I do not need to see one. The only change was to add (residential) to the existing residential access point (like with RE -4974). Also Needed: Updated Certificate of Taxes. Let me know if you have any questions. 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 Brad Mueller From: Sent: To: Subject: Brad, Heidi Hansen Wednesday, December 23, 2009 10:02 AM Brad Mueller Plat Checks ArnRE-4735 & AmSE-1123 have addressed Public Works comments and are good to go from our end. On AmRE-3879 (and RE -4974 ()awes & Alice Smith) I would prefer it if they would call out the Oil & Gas Access to Lot B as also being the residential access to Lot B. It looks like they have a nice road to their home in the southern part of the property from that access but I just want to avoid someone else in the future trying to ask for another access into Lot B since the residential wasn't defined. Once they add that to their plats they should be correct for Public Works. Thanks! Heidi Heidi Hansen, P.E. Weld County Public Works 1111 H Street Greeley, CO 80631 970.304.6496 ext. 3745 hhansen(cco.weld.co.us 1 c7latte 9)allep Schools WELD COUNTY DISTRICT RE -7 P.O. BOX 485 - KERSEY, COLORADO 80644 - 970/336-8500 - FAX 970/336-85 I I E. GLENN MCCLAIN,SUPERINTENDENT December 11, 2009 Weld County Planning Department 918 10th Street Greeley CO 80631 RE: Land Dedication — Smith —RE -4974 Platte Valley Schools is in receipt of $750.00 which reflects cash -in -lieu payment for the above referenced property and have made proper transportation arrangements regarding this property. Sincerely, Lois Freemyer Executive Secretary RECEIPT date /- j // i�7 No. 303552 received from2' hl, Orr amount �L�'�` `l J�' dc 1 ' // / y/ /'7C- / for payment of v-Jilt:2/cl O cash O money O coedit check # 1/3 o der card amount due amount paid balance CO from signaturC to a;SCt[52WS ceeifr kcati e.. . Ota t l Kristine Ranslem From: Kristine Ranslem Sent: Tuesday, September 22, 2009 9:03 AM To: Ken Ponceiow; Ann Siron; 'nick.hoban@comcast.net; 'Julie'; 'wcwdistrict@quest.net'; 'Ifreemyer@pvs.k12.co.us'; 'manuel@farmersres.com'; 'mlockhart@farmersres.com'; 'Isfd@comcast.net Subject: AmRE-3879 & RE -4974 Referrals Attachments: Referral Sheet.rtf; Application.pdf; Map.jpg; Referral Sheet.rtf; Application.pdf; Map.jpg We have just received two cases (AmRE-3879 & RE -4974) in which we ask that you review the attached material and send a referral to us by October 21, 2009. Attached are the applications, maps, and referral sheets. You may send your comments to the Planner assigned to this case, which is Brad Mueller (bmueller(c�co.weld.co.us) If you have any problems or have any questions, please don't hesitate to contact me at the number below. Thank you! kyisti At RLi vk.si,evv<. Planning Technician Weld County Planning Services 918 10 Street, Greeley CO 80631 970-353-6100 ext. 3519 i Brad Mueller From: Sent: To: Subject: Kristine Ranslem Tuesday, October 13, 2009 Brad Mueller FW: AmRE-3879 & FYI - please see comments below. Kristine Ranslem Planning Technician Weld County Planning Services 918 10 Street, Greeley CO 80631 970-353-6100 ext. 3519 Original Message From: Ken Poncelow Sent: Tuesday, October 13, 2009 12:14 PM To: Kristine Ranslem Subject: RE: AmRE-3879 & 'E-4974 Re -rrals The Sheriff's Office has reviewed the request and find no conflicts with our interests. Original Message From: Kristine Ranslem Sent: Tuesday, September 22, 2009 9:03 AM To: Ken Poncelow; Ann Siron; nick.hoban@comcast.net; Julie; wcwdistrict@quest.net; lfreemyer@pvs.k12.co.us; manuel@farmersres.com; mlockhart@farmersres.com; lsfd@comcast.net Subject: AmRE-3879 & RE -4974 Referrals We have just received two cases (AmRE-3879 & RE -4974) in which we ask that you review the attached material and send a referral to us by October 21, 2009. Attached are the applications, maps, and referral sheets. You may send your comments to the Planner assigned to this case, which is Brad Mueller (bmueller(1co.weld.co.us) If you have any problems or have any questions, please don't hesitate to contact me at the number below. Thank you! Kristine Ranslem Planning Technician Weld County Planning Services 918 10 Street, Greeley CO 80631 970-353-6100 ext. 3519 1 REFERRAL LIST Name: James & Alice Smith. County _Attorney v x Health Department Extension Office _Emergency Mgt Office - Ed Herring ✓ x Sheriffs Office v' 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) _ _North Hwy 66 (Greeley) _Division of Minerals/Geology Soil Conservation Districts _ _Big Thompson/ FTC _Boulder Valley/Longmont _Brighton/SE Weld Centennial x Greeley/West Greeley _Platte Valley West Adams _Little Thompson Federal Government Agencies _US Army Corps of Engrs USDA -APHIS Vet Service Towns & Cities Ault Berthoud _Brighton Dacono Eaton Erie Evans Firestone _Fort Lupton Frederick _Garden City G ilcrest Greeley Grover Hudson Johnstown _Keenesburg J x 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 -7 x CWCWD Federal Aviation Admin (Structures RR over 200 ft or w/in 20000 ft of Pub J x FRICO Ditch Company Airport Art Elmquist (MUD Area) Federal Communications Comm Case #: RE -4974 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 DEPARTMENT OF PLANNING SERVICES 918 10r" Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 Wilk COLORADO September 21, 2009 James & Alice Smith 23798 CR 50 LaSalle CO 80645 Subject: RE -4974 - A Recorded Exemption located on a parcel of land described as Lot B RE -3879, Part of N2SE4 of Section 1, 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. 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 Kersey Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Kersey Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Kersey at 970-353-1681, for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. Sincerely, Brad Mueller Planner FIELD CHECK Inspection Date: / Applicant: • t -r/_4 Case #: Re - Request: Legal: Section: 1 T: N R: G2c-- W Location: Parcel 1D #: Acres: Zoning "" ' Land Use NI A N )eAvii._K • 12.c G t —j: 1-4c is t , T--",1-7, ≥S' E A // E F _ I 61,1 Si-rai t,'C`:ry ltE (i 1 C g. `->` S A s (� /' r ' G _ ..s ( c rzc Ji✓ W .• Comments: r'C.;r -iFirZG{,-;mac . CATTLE: 6.7 FJEL. Signature House(s) o Outbuilding(s) ❑ Access to Property ▪ Crop Productions o Site Distance o Mobile Home(s) o Other Animals On -Site o Water Bodies Ditch !S! C E' ❑ Derelict Vehicles ❑ Non-commercial junkyard (list components) o Irrigation Sprinkler • Crops o Wetlands c Oil & Gas Structures xr Wildlife-r,.rz'tc • Utilities On -Site (transmission lines) • Topography Note any commercial business/commercial vehicles that are operating from the site. Wine COLORADO APPLICANT: REQUEST: LEGAL: LOCATION: APPLICATION FLOW SHEET James & Alice Smith 2 -lot split CASE #: RE -4974 Lot B, RE -3879, portion of N 1/2 }SE '/4 Section 1, Township 4 North, Range 65 West of the 6th P.M. South of and adjacent to CR 50, west of and adjacent to CR 49. PARCEL ID #: 1055 01 100002 ACRES: 66 +1 - Date By Application Received 9/17/09 CG Application Completed 9/18/09 BM Referrals listed 9/21/09 BM Vicinity map prepared 9/21/09 BM File assembled (nit>il Case logged in computer eTh Letter to applicant mailed7_ Referrals mailed C/— Field check by DPS staff , / a& / 0,1 X14--` Administrative Review decision: A P 17re nwt. L /e._/q/ 0,1 Pik_ Board of County Commissioners hearing (if aDDUEcabie County Commissioners-Heari,,,ngDate Surrounding property owners notified Presentation prepared / 4 CC action: ............... CC resolution received _ Date B ate B Plat recorded and filed -:.( G �� /© 014 a . r) 1.475 a YI Overlay Districts Zoning RUA IGA Airport Geologic Flood Hazard A Yes No_X_ Yes No_X_ Yes No_X_ Yes No_X_ Yes_ No_X_ Panel #: RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT # 1$ CASE #ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number te//" tVEA`/ -C-s..!- 41-414 -'rK) g I a s a t1 -. G,s!'3 .$1.4_/-4iH —4S-cJ (12 digit number - found on Tax I.R. information, obtainable at the Weld County Assessor's Office, or www.co.weld.co.us). Legal Description Lor 13 12E - 3a7 9 , Section l , Township ,j. North, Range 4, -West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes ✓No_ Is this parcel of land, under consideration, the total contiguous land owned by the applicant? FEE OWNER(S) OF THE PROPERTY: Name: ..la•+os3 te. n...c/ Ighce- Work Phone # ,$8j — 2s2.6 Home Phone # 3r2-. Email Address a ‘d rs .i. tti@ wL+—wire.., caw) Address: 2.3 7 $ we 2 City/State/Zip Code La la t t,�r C�, o o6tF 5"— A P PL IC A N T OR AUTHORIZED AGENT (See Below: Arthorkation must accompany all applications signed by Authorized Agent) Name: Yes ev-No_, Work Phone # Address: Home Phone # Email Address City/State/Zip Code / Lot A Smaller Parcel Lot B Lot C Lot 0 Water Source q4 1 4)ctI 4,14fur (t.4-ro.1 lilid kA.., -- Type of Sewer srrfri-, s_. Seel c.. Proposed Use Acreage 3S-19 G co 0, Existing Dwellings? ,o,?. r If Yes, list address below: sari...� Soo C�GJD If Ye If Yes, list address below: se. -1,443 If Yes, list address below: b F , � �9"" ow: ma , c_ .t ..�. sir �r� .P.' 64,1, ei2,5a * if the property is vacant or unimproved write proposed water source and proposed sewer system for each parcel �rt the blanks a ove or example, if a welt and septic is proposed state: proposed well, proposed septic. I (We) request that the following described property be designated a Recorded Exemption by the Weld County Board of County Commissioners. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included showing the signatory has to legal authority to sign for tcorp ation. Sign Lure: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date ---- 9/11/d7 -4 RESPONSE TO RECORDED EXEMPTION QUESTIONNAIRE 1. a. Attached is a statement from the Central Weld County Water District. b. The land is presently being served by the Farmers Irrigation and Reservoir Co., but no irrigation water is being designated for this parcel. 2. A designed septic system installed in 2005 exists elsewhere in Lot B RE -3879. Ss4 d,i7a.Chad fiLenolti. 3. Lot B has one principle single family residence with no supplemental structures. There are two producing gas/oil wells and one tank battery facility. A portion of the property is pasture adequate for less than ten head of cattle with the remainder farmable in grass hay and alfalfa. 4. The new proposed lot is to be located less than one quarter of a mile south of CR 50 approximately one half mile west of CR 49. The lot will be approximately 3.5 acres in size. 5. The land is flat with a gradual slope to the west. 6. N/A 7. There are no Business or Use by Special Review permits on this property. Weld County Treasurer Statement of Taxes Due Account Number 83347605 Parcel 105501100002 Legal Description PT N2NE4 1 4 65 LOT B REC EXEMPT RE 3879 (2.3R) SITUS: 23798 50 CR WELD 000000000 Situs Address 23798 50 CR WELD 000000000 Account: R3347605 SMITH JAMES R & 23798 CR 50 LASALLE, CO 80645 Year 2008 Charges Tax Billed $1,702.93 Payments $1,702.93 Balance $0.00 Grand Total Due as of 08113/2009 $0.00 Tax Billed at 2008 Rates for Tax Area 0749 - 0749 Authority WELD COUNTY SCHOOL DIST RE7 NORTHERN COLORADO WATER (NC CENTRAL COLORADO WATER (CCW CENTRAL COLORADO WATER SUBD LASALLE FIRE AIMS JUNIOR COL HIGH PLAINS LIBRARY WEST GREELEY CONSERVATION Taxes Billed 2008 " Credit Levy Mill Levy Amount 16.804000' $594.69 16.317000 $577.46 1.000000 $35.39 0.540000* $19.11 1.306000 $46.22 2.155000 $76.27 6.323000 $223.77 3.260000 $115.37 0.414000 $14.65 48.119000 $1,702.93 Values AG -FLOOD IRRRIGATED LAND AG -MEADOW HAY LAND FARM/RANCH RESIDENCE -IMPS Actual Assessed $14,933 $4,330 $1,975 $570 $383,044 $30,490 Total $399,952 $35,390 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 Prusuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence of the current status as of this date of all property taxes, special assessments and prior tax liens attached to this (these) account(s). Current year's taxesre4124not delinquent. Signed: 42, -eV Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R3347605 Parcel#: 105501100002 Tax Area: 0749 Acres: 66.09 Township Range Section Quart. Sec. 04-65-01-1 Bordering County: Subdivison Name Block# Lot# Owners Name & Address: SMITH JAMES R & 23798 CR 50 LASALLE, CO 80645 Additional Owners: SMITH ALICE B Business/Complex: Sale Date Sale Price $0 Property Address: Street: 23798 50 CR City: WELD Sales Summary Deed Type Legal Description Reception It PT N2NE4 1 4 65 LOT B REC EXEMPT RE 3879 (2.3R) SITUS: 23798 50 CR WELD 000000000 Land Type Agricultural Agricultural Agricultural Agricultural Land Subtotal: Land Valuation Summary Abst Code Unit of Number of Measure Units 4117 Acres 12.5 4117 Acres 26.59 4137 Acres 12 4117 Acres 15 Bldg# Property Type 1 Residential Improvements Subtotal: Actual Value Assessed Value 66.09 $20,037 $5,810 Buildings Valuation Summary Actual Value $273,772 Assessed Value $21,790 Total Property Value $293,809 $ 27,600 Building Details Account#: R3347605 Parcel#: 105501100002 Owners Name & Address: SMITH JAMES R & 23798 CR 50 LASALLE, CO 80645 Property Address: Street: 23798 50 CR City: WELD Building* 1 Property Type Residential /.,: 1 •. ITT) f,/..in_,___fl____1_r.TTTTtvnc CA ors r)nnn Identify Results Page 2 of 2 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Individual Built As Detail Ranch 1 Story Year Built: 2005 Frame Siding HVAC: Heat Pump Drywall Built As SQ Ft: 3120 2 Roof Type: 2 Roof Cover: Composition Shingle 1 0 Units: 0 824 Detached SQ Ft: 0 2960 Finished SQ Ft: 0 r_.____h -1- __.Y rts 7_L 7..1.11,. ,.1 ...,..+7..«,..i-IIT MD V"P.TY T —DD 2rnan-1 rK,cri Weld County Planning Department GREELEY OFFICE COLORADO Weld Coun OCT 2 0Mq YED Re�ferral September 21, 2009 The Weid County Department of Planning Services has received the .follow hg item for review: Applicant James & Alice Smith Case Number RE -4974 Please Reply By October 21, 2009 Planner Brad Mueller Project Two -Lot Recorded Exemption Legal Lot B RE -3879, Part of N2SE4 of Section 1, T4N, R65W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 50, west of and adjacent to CR 49. For a more precise location, see legal. Parcel Number 1055 01 100002 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. r See attached letter. ❑ Please notify me of any public hearings regarding this request. Comments: Signature Agency /O/t9/o9 Date ❖Weld County Planning Dept. +918 10th Street Greeley, CO. 80631 ❖(970) 353-6100 ext.3540 0(970)304-6498 fax COLORADO MEMORANDUM TO: Brad Mueller, Planning Services DATE: Otober 19, 2009 FROM: Heidi Hansen, P.E., Public Works Departm SUBJECT: RE -4974, James & Alice Smith nt4' The Weld County Public Works Department has reviewed this proposal. Staff comments m process may not be all-inclusive, as other concerns or issues may arise during the remainint of concern must be resolved with the Public Works Department. Our comments and requirem de during this phase of the application process. Issues nts are as follows: COMMENTS: Weld County Strategic Roadway: (December 2002) WCR 49 is classified by the County as a Strategic Roadway, which requires a 140 -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. Weld County Road Classification Plan (FHU): (June 2002) WCR 50 is a local gravel road and requires a 60 -foot right- of-way at full build out. There is presently a 60 -foot right-of-way. This road is maintained y Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is m asured from the future right- of-way line. REQUIREMENTS: The applicant shall ensure that the existing access easement (minimum 30 -feet wide) remairs for access to the proposed Lot A (RE -4974) and for the benefit of amended Lot A of AmRE-3879. This access easement shall be called out on the plat. The applicant shall utilize the existing residential and agricultural accesses to Lot B. No new accesses will be granted off of WCR 49 or WCR 50. I Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exis on the property or become established as a result of the proposed development, the applicant/landowner shall be r sponsible 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 Em (FEMA). pc: RE -4974 Page 1 of 1 M:IPLANNING — DEVELOPMENT REVIEWIRI rgency Management Agency -Recorded Exemption\RE-4974.docx WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-6497 Road File #: Date: RE # : Other Case #: 1. Applicant Name owes t 4- 44 s.7. S..+, Phone ( . — 9i 8*, Address L3 795 t.1c& T I City 4fe.j(_ State L Zip date 2. Address or Location of Access ; `l.1 .,{, .ted Section / Township 4.ri Range 4 s"u) Subdivision -- Block — Lot Weld County Road #: SD Side of Road ,F•urel. Distance from nearest intersection 3. Is there an existing access to the property? Yes / No # of Accesses 4. Proposed Use: ❑ Permanent Ci ResidentiallAgricultural 0 Industrial ❑ Temporary ❑ Subdivision 0 Commercial 0 Other r.* Mt* ..YN.e****.MM*►.►.Nw 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential O&G = Oil & Gas D.R = Ditch Road • = House • = Shed A = Proposed Access A = Existing Access Ni ...... N•***** Ml......NRw ��NN�.�N�MM► OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Drainage Requirement Culvert Size Length Special Conditions Date f3 Installation Authorized ❑ Information Insufficient Reviewed By: Title: -7- st" iik COLORADO Memorandum TO: Brad Mueller, W.C. Planning DATE: October 21, 2009 FROM: Mary Cavnah, W.C. Department of Public Health and Environment CASE NO.: RE- 4974 NAME: Smith Environmental Health Services has reviewed this proposal to exempt 3.5 acres from a 68.39 acre parcel. Proposed lot A will consist of 3.5 acres and proposed lot B will consist of 64.89 acres in size. There is an existing home on proposed lot B which is served by Central Weld County Water District and by an individual sewage disposal system (Permit #SP -0400323). A new individual sewage disposal system and a tap from Central Weld County Water District will be installed on proposed lot A when a residence is constructed. The following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed home septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Please note, the lot owners shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sewer line. In accordance with the Weld County Code, if a sewer line exists within 400 feet of the property and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Additionally, please note the following: 1. Topographic or physical features of the proposed lot, such as ravines, ditches, streams, etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Division recommends that the applicants review the County Code pertaining to Septic Systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may be need to be enlarged. ferre, Weld County Referral COLORADO September 21, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant James & Alice Smith Case Number RE -4974 Please Reply By October 21, 2009 Planner Brad Mueller Project Two -Lot Recorded Exemption Legal Lot B RE -3879, Part of N2SE4 of Section 1, T4N, R65W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 50, west of and adjacent to CR 49. For a more precise location, see legal. Parcel Number 1055 01 100002 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. O We have reviewed the request and find that it does /does not comply with our Comprehensive Plan have reviewed the request and find no conflicts with our interests. O See attached letter. O Please notify me of any public hearings regarding this request. Comments: Signature Agency Date ioWeld County Planning Dept. X918 10th Street Greeley, CO. 80631 k-)(970) 353-6100 ext.3540 Fo(970)304-6498 fax Kristine Ranslem From: Sent: To: Subject: Attachments: ion Julie ppiper@ci.kersey.co.us] Friday, October 02, 2009 10:28 AM Kristine Ranslem Ref #RE -4974 image001.wmz; image002.gif 1111111e COLORADO Weld County Referral September 21, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant James & Alice Smith Case Number RE -4974 Please Reply By October 21, 2009 Planner Brad Mueller Project Two -Lot Recorded Exemption Legal Lot B RE -3879, Part of N2SE4 of Section 1, T4N, R65W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 50, west of and adjacent to CR 49. For a more precise location, see legal. Parcel Number 1055 01 100002 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 ve ........ tie regtt of €ono eoofter. ❑ See attached letter. © Please notify me of any public hearings regarding this request. Comments: 1 Julie Piper, Town Clerk 10/2/09 Signature Agency Town of Kersey Date +Weld County Planning Dept. +918 10th Street Greeley, CO. 80631 ®(970) 353-6100 ext.3540 +(970)304-6498 fax 2 Wilk COLORADO Weld County Planning Department GREELEY OFFICE OCT 0 i ?ring RECEIVED Weld County Referral September 21, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant James & Alice Smith Case Number RE -4974 Please Reply By October 21, 2009 Planner Brad Mueller Project Two -Lot Recorded Exemption Legal Lot B RE -3879, Part of N2SE4 of Section 1, T4N, R65W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 50, west of and adjacent to CR 49. For a more precise location, see legal. Parcel Number 1055 01 100002 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. U 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. XX See attached letter. U Please notify me of any public hearings regarding this request. Comments: Signature Agency October 1, 2009 O1 District Date :Weld County Planning Dept.:918 10th Street Greeley, CO, 80631 +(970) 353-6100 ext.3540 +(970)304-6498 fax WELD COUNTY DISTRICT RE -7 lane 9.)alley chools _ P.O. BOX 485 - KERSEY, COLORADO 80644 - 970/336-8500 - FAX 970/336-85 I E. GLENN McCLAIN,SUPERINTENDENT October 1, 2009 Weld County Planning Department 918 10t" Street Greeley, CO 80631 RE: Recorded Exemption — Smith — RE -4974 The Board of Education of Platte Valley School District, Weld RE -7 passed the land dedication, cash -in -lieu policy at the March 13, 2000 meeting. This policy addresses new developments and recorded exemptions that would affect the district. The policy is specifically intended for land use that will create a new residence. A cash -in -lieu payment is required for each new residential lot. It is the interpretation of the district that one new residence will be established with this recorded exemption. This policy is an effort to assist the district in mitigating the increasing capital cost of growth. Please forward this information to potential land developers and individuals requesting recorded exemptions so that they may make arrangements with the school district to satisfy the requirements of the policy. The district also requests that the land developer contact the school in regard to transportation. As the intended use is for residential development, consideration for a school bus stop needs to be examined. Please contact the district office with specific access locations and student transportation needs. Please contact my office if you have any questions. Sincerely, (7, E. Glenn McClain, Jr., Ed.D. Superintendent Ce77.- C U ll[ Cat ofl . . )O1111O 44, 1(11 ONE ,.A RESOLUTION OF THE BOARD OF EDUCATION OF PLATTE VALLEY SCHOOL DISTRICT RE - WHEREAS, growth in residential land development and the construct on of new residential dwellings within the boundaries of the Weld County School Distri t RE -7 (the "District") necessitates the acquisition of additional public school sites to ace mmodatc the corresponding increases in student populations; and WHEREAS, requiring land dedications for public school sites, or pay eats in lieu of land dedications will provide a portion of the land to meet such deman ; and WHEREAS, planning departments within the various local governme is that have territory= within the 1_listrint rontinnly refer; applitattitiu;i l'4latinng t4 31Gw develo mcnt for review and comments concerning the adequacy of public school sites and faci ities; and WHEREAS, local governments are encouraged and authorized to coo crate with other units of government, pursuant to Section 29-20-105, C.R.S., for the pu se of planning or regulating the development of land, including, but not limited to, t e joint exercise of planning, zoning, subdivision, building, and related regulations; WHEREAS, in an effort to promote further cooperation between the District and other local governments in connection with the issuance of residential land de elopment approvals, and in the mitigation of the impacts of such residential land develo ment approvals on the District's ability to provide adequate school, the District has etermined to adopt a uniform policy with respect to its recommendations to such local go •ernments in the referral process; and WHEREAS, the District has determined that the mitigation of the imp cts of such residential land development approvals should occur through the dedication o land for school sites, or the payment of funds in lieu of such dedication; and WHEREAS, the policy set forth within constitutes a reasonable and un form method of ensuring that new residential construction and residential developm nt bear a proportionate share of the cost of public school sites acquisition necessary to accommodate the educational service capacity demands of the residents who ill be living in the new dwelling units; NOW, WHEREFORE„ the Board of Education of Weld County School District RE -7 hereby results as follows: 1. Cooperation with Local Governments Encouraged. The ability of the District to provide adequate educational opportunities for its student population is depend'bnt upon, among Other matters, the availability of adequate land, or in the alternative the availability of funds to purchase adequate land. Since the approval of residential land development applications by local governments with territory within the boundaries of 'the District substantially impacts the District's ability to meet its obligations to the public, the District shall encourage and request that such local government entities refer to the District all residential land development applications for review and comments concerning the adequacy of public school sites and facilities. Further, the District shall encourage and request that such local government entities consider the District's comments in conjunction with the review and processing of each individual residential development application, and cooperate with the District in regard to the mitigation measures established in this Resolution. The District shall promptly review the referred development application and promptly submit its comments, recommendations and requests consistent with the policy set forth in this Resolution, to the appropriate local government. 2. Laiftd Dedication Requirements. In connection with any pending or new application for residential land development to any local government with territory within the boundaries of the District, the District shall recommend and request that the following land dedication standards be imposed by such local government as a condition of development approval, except to the extent that the District, through its Superintendent or designee, hasldetermined that the best interests of the District would be served•by the payment of the fees set forth in paragraph 3 hereof, in lieu of such land dedication. Land shall be dedicated to the District in an amount equal to the greater of: (a) 10 percent of the total size of the approved development, or (b) calculated at the rate of two acres for every 1,000 new residents reasonably projected by the District for the development. 3. Fees in Lieu of Dedication. In the event the District, through its Superintendent or designee, determines that dedication of land is not in the best interests of the District, the District shall recommend and request that the following fees be paid in lieu of such land dedication, as a condition of approval of the development application by the local government. The fees shall be calculated as follows: (a) $750 for each new single-family residence; (b) $585 for each unit in a duplex or triplex; and (c) $420 for each unit in a multi -family structure other duplexes or triplexes. 4. In Kind Contributions. The District shall be authorized to accept in -kind contribution ' in satisfaction of the requirements set forth in either paragraph 2 or 3 hereof, provi . ed that such in -kind contributions represent a fair equivalent in terms of the value which ould otherwise be realized under the policy set forth in such paragraphs. 5. L . d Dedication Procedures. In the event that the District determines that land should he de icated to the District, the District shall recommend and request that before recording th final plat for any development, that the local government require proof that the property owner has conveyed title to the District by general warranty deed, free and clear of all 1 ens, encumbrances and exceptions (except those approved in writing by the 2 District), including, without limitation, real property taxes, which shall be prorated to the date of the conveyance. The property owner shall also provide a title insurance commitment and policy in an amount equal to the fair market value of.the,dctlicated property_ 6. Fees in Lieu of Dedication Procedures. In the event that the District determines that fees should be paid in lieu of dedication of land, the District [shall recommend and request that before recording the final plat for any develop ent, that the local government require proof that the property owner has either paid in full to the District the applicable fee based on the total number of residential units proposed for the development, or alternatively, that an agreement has been signed between the District and a party in interest acceptable to the District which provides for a means of payment of such fees upon such terms and conditions as the parties may mutually agree upon. It shall be an acceptable method of payment, for purposes of such agreements, for the fees to be paid as building permits are issued. 6. Exemptions. The District has determined that the following types of residential development do not have an adverse effect on the District's abilit to provide adequate educational facilities; accordingly they are exempt from land dedic tion requirements or fees to be paid in lieu of land dedication: (a) alteration or ex ansion or replacement of a residential dwelling unit not exceeding an increase of 1000 •quate feet over the existing dwelling; (b) assisted living facilities for the elderly; (c) co struction of any building orstructure intended for and used for limited terms stays, inclu mg by way of example and not by way of limitation, bed and breakfasts, hotels, family -c c or group -care homes, hoarding or rooming houses, nursing homes, hotels, motels or hospices; (d) construction of any non-residential building or structure; and (e construction of any residential building or structure classified as housing for !der persons, pursuant to the Federal Fair Housing Act then in effect 7. Use of Funds. The District shall hold or deposit in trust for public school sites all lands or funds it receives in connection with the application of the policy t forth in this Resolution. With respect to funds received, the District shall use such fu ds solely for acquisition, development, or expansion of public school sites or for capita facilities planning, sites acquisition, or capital outlay purposes. The timing, nature, m hod and extent of such planning, acquisition, development or outlay shall be at the discretion of the District. 8. Accounting for Dedications or Fees. The District shall cause to be included within its annual audit a summary and description of the status of receipts of I nd or fees in lieu of land dedication, so that full disclosure of the District's activities wi respect to such receipts may he made public. 9. Further Actions. The District hereby authorizes its Superintendent and such other employees, agents or consultants of the District as the Superintendent s all so designate, to proceed to contact local government entities with territory locate within the boundaries of the District in order to inform such entities of the District's ado ted policy. 3 By: Secretary, Board of Education Further, in order to ensure the long-term integrity of the policy set forth in this Resolution, such parties are authorized to proceed to negotiations with such entities directed towards achieving a formal written agreement with respect to the cooperation between such local governments and the District ADOPTED -4IIS u DAY OF Ma r c -h , 2000. PLATTE VAIkLEY SCHOOL DISTRICT WELD COUNTY RE -7 By: President], Board of Education ATTEST 4 wed County Planning Depart 10 lt GREELEY OFFICE Nt tai 167110q ?1noq Wilk COLORADO Weld County October 22, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant James & Mark Stewart Case Number RE -4979 Please Reply By November 22, 2009 Planner Brad Mueller Project Two -Lot Recorded Exemption Legal Part of the S2 & NW4 of Section 7, T4N, R65W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 46, west of CR 37. For a more precise location, see legal. Parcel Number 1055 07 000045, 1055 07 000046, 1055 07 000047, & 1055 07 000008 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan * We have reviewed the request and find no conflicts with our interests. U See attached letter. U Please notify me of any public hearings regarding this request. Comments: Signature Agency Date :•Weld County Planning Dept. +918 10th Street Greeley, CO. 80631 +(970) 353-6100 ext.3540 4•(970)304-6498 fax awk, CENTRAL WELD COUNTY WATER DISTRICT September 2, 2009 James R. Smith 23798 Weld County Road 50 LaSalle, CO 80645 RE: Can Serve - Water Service Dear Mr. Smith: This letter is in response to a request for water service to serve the following property described as follows: 1/2 1/4 e 65 West, Weld County, Colorado Part of the N NE of Section 1, Township 4 North, Rang 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 are 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 purchase and transfer raw water prior to District approval. Please note that you are responsible 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 Conley with Northern Colorado Water Conservancy District at 970332.7700. Central Weld cannot issue a tap until all requirements are satisfied. A review of the District's system in this water service area will need to be done prior to water taps being sold. 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 (1) 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 Ld) Stan Linker, Operations Manager Ro a Garcia, Customer Accounts Manager SL/rg 2235 2"° Avenue • Greeley, Colorado 80631 • Phone (970) 352-1284 • Fax (970) 353-5865 John W. Zadel, General Manager WELD COUNTY or 'kRTMENT OF PUBLIC HEALT ‘ND ENVIRONMENT 1555 NtiliTH 17TH AVENUE; GREELEY 80631 } PHONE: (970) 304-6415 FAX: (970) 3C)4-6411 4 iO'TICE his individual sewage disposal 'system has been inspected and appears to have been installed in accordance with the regulations regarding individual sewage disposal systems in Weld County, Colorado. Approved' Date .,- permit No.: V- Owne Location: ChM Environmental. Health Speciallit R\w-l'-'&i Fu3140' WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 NORTH 17TH AVENUE GREELEY, CO 80631 PHONE (970) 304-6415 FAX (970) 304-6411 Permit #: SP -0400323 Owner: SMITH JAMES R Applicant: SMITH JAMES R Permit Type: RNEW Commercial, R=Residential + NEW, REPair, VauLT Parcel #: 1055-01-0-00-048 Location: 23798 CR 50 Legal Description: Installer: Cc) (/ rccc c;t<c U,c Sec/Twn/Rng: 01-04-65 Status: ISSUED Applied: 09/03/2004 Issued: 10/26/2004 Finaled: q aI-o5 Description: HOUSE Commercial: N # of Persons: # of Bedrooms: Residential: Y Acres: 68 2 Basement Plumbing: Y 2 Bathrooms - Full: 2 3/4: 0 Water Public: Y Water Source: CWCWD Water Private: N Cistern: N Well: N W611Permit #: Percolation Rate: 76.9 Limiting Zone: 0 ft 0 in Description: CLAY % Ground Slope: 0 Dir: Soil Suitable: (Y/N) N Engineer Design Required: (Y/N) In 100 Year Flood Plain: (Y/N) 1/2: 0 Minimum Installation Septic Tank: 1250 gallons Actual Installation Septic Tank: l gallons Design Type: WX-, /Esr Absorption Trench: 0 square feet or Absorption Bed: 2957 square feet Absorption Trench: square feet Absorption Bed: NCO square feet Chamber Model Chambers* NOTICE The issuance of this permit does not imply compliance with other state, county or local regulatory or building requirements, nor shall it act to certify that the subject system will operate in compliance with applicable state, county and local regulations adopted persuant to Article 10, Title 25, CRS as amended, except for the purpose of establishing final approval of installed system for issuance of a local occupancy permit persuant to CRS 1973 25-10-111 (2). This permit is non transferable and non refundable. The Weld County Department of Public Health and Environment reserves the right to impose additional terms and conditions required to meet our regulations on a continuing basis. Final permit approval was contingent upon the final inspection of the completed system by the Weld County Department of Public Health and Environment. Form: S_FINAL Environmental Health Specialist ate H / / fC4 CZ F 42— Z.0 § \/R. )\ \� \ 0 Li) t m q 2 O \. U { � § � \ �� � A4y • I c 1 U • v. .: n nQ vam U)Q to c r -vv ..DUCO.coO v_41 lam E r^�.s noose w i o =4,2 = -Q Cp G 412 �a8 wags =1O ga$ O Ki ce ip- ma 144 ft JP "I' z a s 60 Nap o �z C.) H', MA O EC J !— cc c.) m mom�o� f • tiN J a z t N K e 0 QQ a 0 0V 61 Ul (S1SIX3 '0d . dSY) 06'081. fY i! , _ 4ii ._L •. 3,0£ L0.009 M0d 0Y0d .09 V ~ h 3„6£,G0.009 M,0£,L0.00N C Octs cc O 0 too ectxWet ooLAce CC EC IX -00 111 O m r L6/0Z/9 1.1£ Od '2191 )18 £69-N0I1dVI3X3 N0ISIAI06AS L2 4 L3 0; 0v O no 2 r.4 Du,7.r4:7 af) 01,049 0 tat a Q a O Cs ,A O ' 7 "t, ti J • It . N 0. I CD 001 .00'029 I M„9ti,£0.09N 4 PETROLEUM WELL A O Q 0 ¢ -H 00 ea r -H F °i0rna 0100"'"n 404" I±1� O . — m w N Ch Ch Nei m`` z _In 3 Q N CO not O w O 4 ®2N 6Z'9LL M,0£,L0.00N 3 s 03 M Q, 0 m 0 N ,££'9LZ . H tn Z 1--- ia 6-040 z0w Q Q : 3„94,£0.005 a Qn V U m CC <Nt- `CD CD 3b.N QI Z 0 \Cn I U IZs N -J Road File #: RE#: WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-6497 Date: Other Case #: 1. Applicant Name —.% e L Q 4- 44cd- a..■, r4. Address 2.3 798 c.rc,� 2. Address or Location of Access Section - T- Township 4r.P1 Weld County Road #: $O Phone 3sz - 9/ g re.1 City ha. 1T_ State a Zip 8a c se -c -- is C`LTt Nra{.Mt� Range 4 r--& Subdivision — Block Lot Side of Road Sec. 74 Distance from nearest intersection 3. Is there an existing access to the property? Yes � No _ 4. Proposed Use: ❑ Permanent LY Residential/Agricultural ❑ Industrial 0 Temporary ❑ Subdivision # of Accesses O Commercial ❑ Other 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential O&G = Oil & Gas D.R = Ditch Road © = House = Shed A = Proposed Access A = Existing Access Ni OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Special Conditions 'T Length Installation Authorized D Information Insufficient Reviewed By: Title: -7- LJ Certificate of Conveyances Services State of Colorado ) County of Weld ) Weld County Department of Planning STEWART TITLE OF COLORADO hereby certifies it has made a careful search of its record, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded property to August 30, 1972. LEGAL DESCRIPTION: Lot B of Recorded Exemption No. 1055 -1 -1 -RE -3879, according to the map recorded October 26, 2004 at Reception No. 3230514, being a part of the N1/2NE1/4 of Section 1, Township 4 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. CONVEYANCES (if none appear, so state): V Reception No.: 1486497 (Reception No.: 1677361 J Reception No.: 1678577 4 Reception No.: 1968692 / Reception No.: 2555096 V Reception No.: 2578314 . J Reception No.: 3318820 V Reception No.: 3467013 Book: 564 Book: 755 Book: 757 Book: 1032 Book: 1613 Book: 1634 Book: Book: This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title nor an opinion of Title, nor a guarantee Title, and the liability of STEWART TITLE OF COLORADO is hereby limited to the fee paid for this certificate. In Witness Whereof, STEWART TITLE OF COLORADO has caused this certificate to be signed by its property officer this 3rd day of August, A.D., 2009, at 7:45 am. STEWART TITLE OF COLORADO BY: Auth 'zed Signature • scat 564 .-i x -.1121,,,j) APR 8 1966 1486497 KNOW ALL MEN BY THESE PRESENTS That -JOHN R. ELLIOTT and WILLIAM I. ELLIOTT for the consideration of Other valuable consideration and Ten Dollars, in hand paid, hereby sell and convey to ELLIOTT AND ELLIOTT, INC of the County of Weld and State of Colorado, the following real property situate in the County of Weld and State of Colorado, to -wit: The North Half of the Northeast Quarter (N 1/2 NE I/4) of Section One (1), Township Four (4) North, Range Sixty-five (65) West of the 6th P.M., together with all water and water rights and rights of'way appurtenant to said land including 2.01 limes of the capital stook of The Farmers Reservoir and Irrigation Company. Also all that part of the Southwest Quarter (SW 1/4) south and east of the Gilmore Canal, in Section Thirty-six (36) Township Five (5) North, Range Sixty-five (65) West of the 6th P.M. containing 85 acres,aore or less, together with ail water rights and ditch rights and rights of way appurtenant thereto including 9.51 shares of the capital stock of the Farmers Reservoir and Irrigation Company allocated to said land by decree of the Weld County District Court in Cause No. 10067. with all its appurtenances and warrant the title to the same subject to taxes assessed for the year -1966 payable in1967, deed of trust of record in favor of the Estate of Blanche E. McGrew, Ward recorded in Book 1586 page 157 of the Weld County Records, subject to; reservations, exceptions, conditions, covenants, rights of way, easements and other instruments of record affecting title to the above -decor " Signed and delivered this ._;,10,1h4, of fst O i !IN1IM& Rivisvi EDOCUMMNIARY OA•rea mitm going instrument was acknowledged before me this_ay of •i_...,a 1966, by JOHN R. ELLIOTT. tip y hand and ofci1 seal. _ - salon expires 311 /974, STATE op COLORADO ) COUNTY OF WELD )55 The foregoing instrument was acknowledged before me this 6th day of April ` ,,1966, by WILLIAM I. ELLIOTT. Witness my hand And official seal. "Myektemission expires October 1 1969 t re 07 DEC 2 2175 C1,1.1 t. wrT .,. . er..M.,w S. '1V 17361 Pis nub, M.ae We rl I J� UM meta.a.. I1E(i,iI*11- 28th des at December ii the year of emir Lard ear tied mime il.n.l a.d seventy-three booms ELLIOTT AND ELLIOTT, INC., a Colorado corporation ''f tam cooeiy .a Weld ar ;:irate, C.,irrad r, ni Iby fall pert. and LEROY W. ELLIOTT AND GWENDOLYN ELLIOTT 1 the Cy .1 Weld and Stab .f Cdafdn, of the emend perk Illamondll. That the aid pert y d the met port, far aid I. ea ibfrrutior d the teal d - other valuable consideration and Ten DOWNS. to the mid trued mad y ar we ewe porn f. howl prdi bruit emN paetis d w weed pert, w reaript nosed s her.er na- �w' aid his rid parties d taebe d. sad a1, i eenrapaf, ad by thaw tsawte ages a v., team, (bale trop and the leis anda eamod put, not to trtr.q 1i toub� lad is Nita istr7, tae Wi. ear d them..t iy sod banding iw he Cams, i of ea ld ivor forever. si w Mow* , at datediad lot or poota ' of hod . situatad stateWarr* raven: The Nis of the NEf of Section 1, Township 4 North, Range 65 West of the 6th P.M. and that -part of the SW% of Section 36, Township 5 North, Range 65.West of the 6th P.M. lying south and east of the Gilmore Canal, together with 29.15 shares of the capital stock of The Farmers Reservoir and Irrigation Company. Sado Docturopoki y Fa• Da„ DEC 2 t 1975 $ /3. a mad the Together remakewieh id sad aispir the h. liteme.d .ad appertemmeor thaw* kJ�_ es as =prim ppeefei.i.�, aidWant, claim sad whetstone d mid d mynas's. zezairder sad � of the ant meta isms a pow low er old aD /M seat.,, limb >itn 6ueried minim with w Vt;ttuwte end aprorteo.eea �t, lean b low er gafy, d, i. sod to w eilw. To Mon owl r Edd the add prreriu awe brpinl mad dnaribed, with the appowereme . ton the all pow d d w ir.e pmt Le i .d f thine, disk main d �o"c i:so essad amine di =eh nw.i a %omen. And the add pan y lints mad sow te mad with lbe porn tithe oe�pen, Ur a(t their a mad tie Mie soda es erneoitt. p d emea allftfiroe. that at the tine d the eamsies ad driver of ties prang% it is war veined d w Peldidlld !nee samaad. s d tool, - p rfed. oheml.h sad tadefsaplie tame d YbuL . is law, Iota . d pore aid mdinetg I. pant.htttpb,ss mid .beam .aeaorad frrs►ooeoddd,aod ha ad that aa. sm free rr door from all me den ento a �eeL e ase.e exc aan7 xc =O! sequ era .o, rdserna ors, exceptions covenants, restri one of record and easements or rights of may evidencedbyinstruments of record or established on the premises; mod Orr mime torgaised i snipe the i�astd�snow mmei , isod pmanolds d the or el w emend pm. _rim namiwr is chin tie while er Gran porno • poems +y eriniaa If =TEND: pert wand, w ail least y d tie !st peel EA ad s RAf11AAN i AND POW= e • 0 IA n 0 • r; mimeo ae I S27, s u.i.:, :044114 lit. _ 10eewdw: 1-1 Tin Dail; beat tide 1/.4 der of 1,......, , 1i w CO 0O r1• a - et Q at. LEROY W. ELLIOTT and GWENDOLYN ELLIOTT Husband and Wife, Weld aslsesi� DALE SCLLISSLER anaRUB�EN dSCHISSLER, As an stein ti aOn. each an unde one-lf intcrCs CWIMper Wedt � Detente, etdme anipent Star r• '• Dole.JAI4 i$/t smosssurs,, Thtt the meld ponies d the this pae;far end to Ssaiiimsl e d the ow d OTUER GOOD AND VAL1 A8•.Z CONrlDTRATrnn gain TEN Alb t1O/2O0 ------ • DOLLARS is the aim drat f Ps et tie that fiat le Imit peed b• mil pas lei et the ascot perk,* mitt whereat le lmal! nisi seal esl allswlei♦Ii, have peeled, bairrai. eehl settessefel, and by dose pmaeele de us" teetabh mow. arm mef mfrs. male the add peeios et the .m 1 isehthei&ebb amt metope le& aetr, Al the telkmf hi 4—i"ei be ar psi et bet.dteMr. big mid labile le the Omit ef Weld end theft et dim* trMb The North Half of the Northeast Quarter (1'NL•'t,) of Section one (1), Township Four (4) North, Range Sixty-five 16i) West of the Sixth Principal Meridian, (6th P.M.), Weld County, Colorado. Together with any and all water rights and ditch carrying right9 appurtenant thereto and including 14.15 shares of the capital :ttoch of The Farmers Reservoir and Irrigation Company, and together with Central Weld County Water District water tap. TOGETNIR wilt all art suer the hominess,* ad agin rieeresse teen* hdries . or to melee emeNiimba ad the treaelew awl tataaine% -ashler od saeesb ilm nor, iwee ant gnthe timed, end to the eieler delak edits bflaes4 dela ari iknowi witabeewe ettie eliputt tea eltbittestper‘dthisitise et min sedated and to the ahem bembei pee.L_ wilitheh to leassiraYewaeMasee. 10141 AND TO >fOta the etch esemhee ahem heasebsi eel ieeeriei wwt tie i4/rrimeeteti tale tie meat pmSies etpie meeesd pent, theirhekeeai entps mete. Ash the cell{ pmt ice et the that }sett Sir them totres , 6 bete,, rime nh ai aihbbalaee ie asatee1.past, 5,/elr. ai 86,51 er r wide as geld $set ies of tea inset patihe i r belt tai cadges. pet et tie tier eteta eenellog ai these sit tees paimmi6 they are was aimed et the p.saine tine .ioasepd, a d psi, tut, prleet, abaiare ash iuiderite a time etiebeelessret, i• beta; it fn sispii aribe,e mesh sid4 dill pnehr aei hostel eafireles IsStart. bapr4 ter eel stews the nom letract and totes se afxsay matt else the awe eta few ale date lira an tbaase aei etherpmbh tapers, aels. leas » *moments mid netsmi untie et winteer bind t sommeherea =WEPT 1776 taxes payable in 1177= SUNJFCT TO the lien of a mortgage to The Federal Land Bank of Wichita in the sun of $76,500.00 executed, or to be executed, by the grantee:: named herein: and SUBJECT TO conditions, covenants, easements, exceptions, rerervationx, renitrictions and right: of way of record, if any; tai tit stew tiesabef prates. >s the tptet end tae ,ebb p inesha d tli mail patina et hie eeeeed pe4 their islet gel sayso ephut aD and ereatte a e er prneselewiaOr drbebg etto dote the wlele se e4 gent titbit. De sebl parties tithe Nett feet then net MI',ANNAN AND 14OINVER DOD= of mums Immo. the sell pet is ri et the that pat ha ere Went* rte their lied s W ants the egad tees amshove initials • �.. (c=.Yfi , UMW _ 1r t COLORADO. ,r 4:•/ d Wi+'LD wee w5ew1e1sei torn steak f a &yet J s:.... r LLLrnrr and i:Wt.NIxu,.1•t t.LLIOT"r', husband and wife. 7i r r . i• s . -. ,Le 7 1 . Wham asp heed ail enedel eel � 7 Papa bier► ifa.OIL warMlrtlr.#ellslees__Yime ihaiM0.1■NlleedlrriIase1,0dni. —ea • r I i AR1968b9C B 1032 REC 01968692 05/30/84 16:45 S3.00 1/001 F 0096 MARY ANN FEURRSTEIN CLERK 6 RECORDER WELD CO, CO DEED OF DISTRIBUTION BY PERSONAL REPRESENTATIVE THIS DEED is made by RUBEN SCHISSLER AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DALE L. SCHISSLER, DECEASED, Grantor, to RUBEN SCIIISSLER AND RUBY SCHISSLER, Grantees, whose address is 23769 Weld County Road 49, La Salle, Colorado 80645. WHEREAS, Dale L. Schissler died intestate at La Salle, Colorado, on April 25, 1984; WHEREAS, Grantor was duly appointed Personal Representative of said estate by the District Court in and for the County of Weld and State of Colorado, Probate No. 84 PR 125, on May 3, 1984, and is now qualified and acting in said capacity; and WHEREAS, the Grantees are determined to be the persons entitled to distribution of the hereinafter described real property and Grantor is authorized and directed to distribute the same to Grantees. NOW, THEREFORE, pursuant to the powers conferred upon Grantor, by Article 12, Sections 711 and 907 of the Colorado Probate Code, Grantor sells, conveys, assigns, transfers and releases to Grantees the following real property in Weld County, Colorado: An undivided 1/2 interest in and to the Nh of the NEh of Section 1, Township 4 North, Range 65 West of the 6th P.M., together with any and all water rights and ditch carrying rights appurtenant thereto including 14.15 shares of the capital stock of The Farmers Reservoir and Irrigation Company and Central Weld County Water District water tap; subject to lien of mortgage to Federal Land Bank of Wichita and any unpaid taxes. with all appurtenances. Executed May 30 ]984. RUBEN SCIIISSLER, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DALE L. SCHISSLER, DECEASED STATE OF COLORADO j J es. COUNTY OP WELD • The foregoing instrument was acknowledged before me this 30thday of May 1984, by RUBEN SCHISSLER AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DALE L. SCHISSLER, DECEASED. Witness my hand and official seal. My commission expires October 1, 1985 ..i UOGyyPuaParc' I - Address: 1007 9th Avenue Greeley, CO 80631 1! '1 II Warranty Deed D.F. $24.00 The Speddc Tern if This Deed Arm Greaser. (Give arne(e) ad plateje) of midsize; if the spouse of the owner-gramor it joining in Oh Dead to Mere homestead rights, identify gramra e bushiest sea wife.) THIS DEED is a conveyance of the real property described below, inch any improvements and other appurtenances (the 'pert') front the indiridtai(s), corpontion(s), partnerahip(s), or other entity(ies) named below as GRANTOR to the individual(s) or mtity(ies) named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property, except for (1) the lien of the general property taxes for the year of this deed, which the GRANTEE will pay (2) any easements and rights -of - way 'boom of record (3) any parent reservations and exceptions (4) any outstanding mineral interests shown of record (5) any protective covenants and restrictions shown of record (6) any addhiocal ratters shown below under 'Additional Warranty Exceptions', and (7) subject to building and zoning regulatiaaa. RUBEN SCHISSLER AND RUBY SCHISSLER Grenteet (Give name(e) sad atlN s(es); attoment of addrm, including available road or real comber.) MICHAEL B. SMITH LS /JR wCK 5ff LASALLE-, CO 8064F Fora of Cs -Ownership Of More are two or more yens mined, they will be considered to take a maws 1a comae unkan the worth 'la joint eti ey' or wads of the la® nntnog ere added in the epee below.) Property Desciiptiom (Eirclude ccssag. Wee.) SEE ATTACHED EXHIBIT A 2555096 B-1613 P-313 06/26/1997 10:40A PG 1 OF 2 REC DOC Weld County CO JA Suki Tsulta.oto Clerk & Recorder 11.00 24.00 Pi apiary Adthese 23738 WCR 50 LASALLE CO 89645 Cmaidonwdem; I flw eenm aaen+tt dda ddist amount is optiadequateal. adequate mmeidet*i a for the deed will be presumed urine thin mammah uemitbd TWO HUNDRED FORTY THOUSAND AND041162./10093"4 wwwilictd1) Reservation -Restriction's: Of the GRANTOR Meade to rearm my learns to tie property a to annoy lest than 'e owned. or if be GRANTOR a reatrimtog the GRAMME'S right is the property, arm appropriate Udimion.) SELLER RESERVES ALL MINERAL RIGHTS CURRENTLY OWNED BY SELLER Additional Warranty Raeept one (Inciede deeds of trod being nut and sod aim mamma not covered above.) Executed by the Grantor oa JUNE 24. 1997 Stasailes for Coronado", Pansar rip or Amselalke Name of Grantor Corporadoe, Pa tapship of Association D BY Amen STATE OF COLORADO COUNTY a• WELD The "r; t.?`: was acknowledged before me this 24th day of JUNE, 1997 By _'. ;C aWi ir`:'T:'_em s RUBY SCHISSLER nt. Slpodaas for 6I RUB '&5S Glamor (•esmmm: lndlvidaal Cramer(s) or if Grantor Is Corporation. Partnership to Association, then Zanily alums as prodent or vice president and secretary a seseeaat secretary of corporadoe; or se parwcr(s) of penienbip; or u authorized rumba(s) of association.) WITNESS my had and officid eeal. My commission expires; 01981 UPDATE LEGAL FORMS Notary Public WCTC No. 201-L EXHIBIT A TO WARRANTY DEED DATED: JUNE 24, 1997 GRANTOR: RUBEN SCHISSLER AND RUBY SCHISSLER GRANTEE: MICHAEL B. SMITH PARCEL *l Subdivision Exemption No. 643, according to the plat recorded June 20, 1997 in Book 1612 as Reception No. 2554135, being a portion of the N1/2NE1/4 of Section 1, Township 4 North, Range 65 Welt of the 6th P.M., Weld County, Colorado. PARCEL 42 Lot B of Recorded Exemption No. 1055-01-1-RE2035, according to the plat recorded June 20, 1997 in Book 1612 as Reception No. 2544136, being a portion of the N1/2NE1/4 of Section 1, Township 4 North, Range 65 Welt of the 6th P.M., Weld County, Colorado. 2555096 6-1613 P-313 06/26/1997 10:40A PG 2 OF 2 3)L D.F. 126.50 The Specific Terme of Th1a Deed Ars Grouter: (live nwne(a) anti plaro(i) of mideeor it ihe spine of the waver -tremor is joining in thin Dud to Mane bo®sad c(geu, idneify grantors as husband and wife.) 2578314 8-1634 P-1618 11/10/1997 10:06A PG 1 OF 2 REC DOC Weld County CO .7A Saki Tsuka oto Clerk & Recorder 11.00 26.50 Warranty Deed THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the 'property') from the individual(:), corporation(s), pare ership(d, or other entity(iee) tared below u GRANTOR to the individual(s) or erttlly(ies) named below as GRANTEE. The GRANTOR hereby sell; and conveys the prapesty to the GRANTEE and the GRANTOR warrants the title to the property, except for (I) the lien of the general property taxes for the year of this deed, which the GRANTEE will pay (2) any easements and rights -of - way shown of record (3) any patent reservations and exceptions (4) any outstanding mineral interests shown of record (5) any protective covenants and restrictions shown of record (6) any additional maters shown below under 'Additional Warranty Exceptions', and (7) subject to building and zoning regulations. MICHAEL B. SMITH Grantee: (live owne(e) and addma(ra), tocmmt of addrm. including aredable rood or sues ember.) JAMES R. SMITH 2650 1ST AVENUE, GREELEY, CO 80631 Fore of Co.Qwnera pr Of there ore two or more gager mood, they will be wwidered to take as team in common unless the words 'in joint temocy' or words of the same maoirtg are added in the spats below.) Property Description (Include county and cods.) SEE ATTACHED EXHIBIT A Property Addra.: 23738 WCR 50 LASALLE CO 89545 Canidantloa: (The massed Madam seen in optima, Suess for rain deed will be premised unless chit conveyance is Acetified saga, In lay case this coenzyme Is insole's. final and an000diural TWO HUNDRED SIXTY FIVE THOUSAND AND 00/100 R ervatiae-Restde neem (If the GRANTOR Intends to reran try Wiens I. the property or to convey ten den is owned, or if the GRANTOR Is reurGmag_the GRANTEE'S rigla it the property, make appropriate indication.). Additional Warranty Exceptiaok (Include deeds of mot being sesered red other motets nor covered above.) Execassd by the Grantor on NOVEMBER 7. 1997 Simeon for Csyoratiaw Nilsen* or Aasdntfor Grantor Grantor STATE OP COLORADO COUNTY OP WELD The foregoing instrument was acknowledged before roc this 7th day of NOVEMBER. 1997 By MICHAEL B. SMITH WITNESS my lead and official seal. My commission arks: AUGUST 4, 2001 g /E Notary STATE OF ) 1221 7'A� th4 GREELEY, CO 80631 COUNTY OF ) r The foregoing instrument was acknowledged before me this By. ('tome individual Grantor(s) or If Oranwr is Corporeuon, Parmersaip or Association, then Identify signers es president or vice president and secretary or asfktanr ancretery of corporation: or en psrmer(s) of partnoahip; or no ednrired treatbor(a) of aao,.intion,) { n. day of WITNESS my hand end official seal. My commanios ex dr a O 1961 UPDATE LEGAL FORMS Notary Public WCTC No. 201-L EXHIBIT A TO WARRANTY DEED DATED: NOVEMBER 7, 1997 GRANTOR: MICHAEL B. SMITH GRANTEE: JAMES. R., SMIT}L PARCEL Ill Subdivision Exemption NO. 643, according to the plat recorded June 20, 1997 in Book 1612 as Reception No. 2554135, being a portion of the North 1/2 of the NE 1/4 of Section 1, Township 4 North, Range 65 Meet of the 6th P.M., Weld County, Colorado. PARCEL *2 Lot B of Recorded Exemption NO. 1055-01-1-RE2o35, according to the plat recorded June 20, 1997 in Book 1612 as Reception No. 2544136, being a portion of the North 1/2 of the NE 1/4 of Section 1, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado. TOGETHER WITH 14.15 SHARES OF THE FARMERS RESERVOIR AND IRRIGATION COMPANY STOCK. 2578314 8-1634 P-1618 11/10/1997 I0:06A PG 2 OF 2 R. Smith 11111111111111111 11111 11111111111111111111111111111 I I I I 3318820 09101/4006 10:5311 Weld County, CO 1 0l 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder QUIT CLAIM DEED THIS DEED, Made this 1st day of September, 2005 between James R. Smith of the County of Weld and State of COLORADO, Grantors) and James R. Smith whose legal address is 23798 Weld County Road 50, LaSalle, CO 80645 of the County of Weld and State of COLORADO, Grantee(s) WITNESSETH, That the grantor(s), for and in consideration of the sum of TEN AND NO/100 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(s), his heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the grantor(s) has in and to the real property, together with improvements, if any, situate, lying and being in the County of Weld and COLORADO, described as follows: See Exhibit A attached hereto and made a part hereof. also known by street and number as: TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, tide, interest and claim whatsoever, of the grantor(s), either in law or equity, to the only proper use, benefit and behoof of the grantee(s), his heirs 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 grantors) has executed this deed on the date set forth above. STATE OF COLORADO COUNTY OF Weld }SS: The foregoing instrument was acknowledged before me this lit day of September, 2g by James R. Smith. otary Public Witness my hand and official seal. My Commission expires: L Sal )4_ of. comonial *OWLlelf 1-E119111110111 �I11L tlLLI 1111111111111111111111 2 of 2 R 11.00 D 0.09 Steve Moreno Dlerk a Recorder Exhibit A Lot B of Recorded Exemption No. 1055-1-1 RE -3879, recorded October 26, 2004 at Reception No. 3230514, being a part of the North Half of the Northeast Quarter of Section 1, Township 4 North, Range 65 West of the 6'h P.M., County of Weld, State of Colorado. 111111111111111111111111111111111111111 III 11111 NIl I 111 n� CO 14 of 1 04/05/2007R3 6.00 0.00 2Steve Moreno Clerk & Recorder Warranty Deed THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances ("the property") from the individual named below as GRANTOR to the individuals named below as GRANTEES. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property, except for (1) the lien of the general property taxes for the year of this deed, which the GRANTEE will pay (2) any easements and rights -of -way shown of record (3) any patent reservations and exceptions (4) any outstanding mineral interests in favor of persons other than GRANTOR shown of record (5) any protective covenants and restrictions shown of record, and (6) any additional matters shown below under "Additional Warranty Exceptions", and (7) subject to building and zoning regulations. The specific terms of this deed are: Grantor: James R. Smith, 23798 WCR 50, LaSalle, CO 80645 Grantees: James R. Smith and Alice B. Smith, 23798 WCR 50, LaSalle, CO 80645 Form of Co -Ownership: Joint tenants with right of survivorship Property Description: Lot B, Recorded Exemption No. 1055 -1 - of the N Y2 of NE '/, of Section 1, T. County, Colorado, with a street address Cons}deration: This is a gift deed Executed by the Grantor on April j, 2007 STATE OF COLORADO) ss. COUNTY OF WELD ) 1 RE -3879 Lot B, RE -2035, being a part 4 N., R. 65 W. of the 6th P.M., Weld of 23798 WCR 50, LaSalle, CO 8O645. mes R. Smith, Grantor The foregoing instrument was acknowledged before me this `day of April, James R. Smith. p 2007, by WITNESS My comm fficial seal. l/2\/ Loo eirriffiiiiplfiypra Met 10, Nig 3. t $ d ii 1i Pi! # ` #if 'fs ; di 1 1E 1 jti '� t 1! 14 is ii 1 a Eli �� 11y 1 1 i a" ! 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