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Home My WebLink About20093457.tiffN 47D q - YYS7 RECORDED EXEMPTION NO. COUNTY ROAD 4 3.aaaLooc .Y 1N ('lie AW I 4311.- O 'a L I-,—tl 3a �M .� MOtl avow .00 J oa �\*` �.OL 0 �O / �tyy�Y G tia N89'35'09"E -- 2835.28' „'I I �h, w "r 99'606 • 3.CZ.ZZ.OOS , ft ip^ ' •34,tl' N ori et. ccn▪ s '—sm>. .6 •620 r .50'£992 -- 3.9Z.9Z.OOS .Wll( MALAt.09Y 00'259 -- 3.ZZ.ZZ.00S 5•C ;v,cp / 'tl tao !g I—oi nn M< N 3p mN L9'Cu .ZZ.ZZ.005 .59'6Cll -- 3.9Z.SC.005 ('2100-2100 .l9'ZS9Z -- M.ZZ.ZZ.OON) LS9Z -- M.N.N.OON S J O � W I1 C e Z .9S'5Lil -- 3.U.ZZ.005 w 3 a U U N L4� 210 N N 0 N m Y � 1 .iii § m � ii 0� i YQwo � �nn w bin V O n n CM .09'ZS9Z -- M.ZZ.ZZ.OON O on in DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: John & Jimetta Brassington 1 RE -4947 I Planner: Brad Mueller Legal Description: Part of the NE4 & NW4 of Section 33, T1 N, R65W of the 6th P.M., Weld County, CO. Parcel ID #: 1473 33 000070 Lot A Size:. +/- 2.5 acres Lot B Size: +/- 3 acres Lot C Size: +/- 5 acres Lot D Size: +/- 129 acres Water Source: Lots A - C: Proposed Individual Well Lot D: Well Permit No. 280030 Sewer System: Lots A - C: Proposed Individual Septic System Lot D: Septic Permit #G-920172 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. 1 a/ -34 -if -)17 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. The lot owners shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sewer line. In accordance with the Weld County Code, if a sewer line exists within 400 feet of the property and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. 2. 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. 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. Be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The applicant is encouraged to test their drinking water prior to consumption and periodically test it over time. 4. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 1473-33-0 RE -4947. B. The applicant shall submit to the Weld County Department of Planning Services evidence that any existing septic system meets all requirements of the Weld County Department of Public Health and Environment. Any existing septic system which is currently not permitted through the Weld County Department of Public Health and Environment will require an I.S.D.S. evaluation prior to the issuance of the required septic permits. In the event the system is found to be inadequate, the system must be brought into compliance with current I.S.D.S. regulations. C. The applicant shall provide documentation of the current permanent access easement across the adjacent property to the west, identified as State Parcel #147333000058. If necessary, the easement shall be updated to specify access for proposed Lots A, B, and C. A recorded copy of the easement shall be provided to the Department of Planning Services. D. Proposed Lots A, B, C, and D shall utilize the existing residential access off of CR 4 through the permanent easement access in the adjacent property to the west, identified as State Parcel #147333000058. E. A minimum 30 -foot access and utility easement extending across either Lot B or Lot D for the benefit of proposed Lot C shall be shown clearly on the plat. The easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.2. The easement shall be graded and drained to provide all weather access. 2 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. G. County Roads 4 is designated on the Weld County Road Classification Plan as a major arterial road, which requires 140 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. These roads are maintained by Weld County. H. The applicant shall address the requirements of Weld County School District RE -3J as stated in the referral response dated July 14, 2009. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. The applicant shall address the requirements of the Henrylyn Irrigation District as stated in the referral response letter dated July 10, 2009. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. The plat shall be revised to note the easement for the Denver Hudson Canal as being 100 feet wide, with a note indicating the recordation information for the easement. J. Lots A, B, and C shall comply with the two and one-half (2.5) 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. K. 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. L. 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. M. 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. 3) Any future structures or uses on site must obtain the appropriate zoning and building permits. 4) Lots A, B, and C are not eligible for a future land exemption in accordance with Section 24-8-20.C.3 of the Weld County Code. 3 5) No construction is allowed within the Denver Hudson Canal easement without first contacting the Henrylyn Irrigation District to apply for a License and Agreement. 6) 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. 7) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that the lot (Lot A, B, or C) has an adequate water supply of sufficient quality, quantity and dependability. 8) Prior to the release of building permit, the applicant shall submit evidence of approval from the Hudson Fire Protection District to the Weld County Building Department. 9) Potential purchasers should note that Lots A, B, C, and a portion of D are claimed by well permit No. 280030. Per the Colorado Division of Water Resources, as long as well permit No. 280030 remains a valid well permit, Lots A, B, and C would not be able to obtain an exempt well permit. Lot owners will need to determine, with the State Division of Water Resources, whether the individual lots will obtain their own individual on -lot wells, or share a well under the conditions of well permit no. 280030. 10) 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 thereafter. 11) 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. 12) 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. 13) 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. 14) 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) 4 15) 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) 16) Prior to the release of building permits on Lots A, B, or C, 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) 18) 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 5 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. 5. 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. 6. 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. 7. 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 mansco weld.co.us. 8. 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 Weid County Board of County Commissioners with a staff recommendation for denial. By Brad Mueller El Weld County Planning Date: August 27, 2009 6 Date: WELD COUNTY, COLORADO PARTMENT OF PLANNING SERVICES 918 10T" STREET GREELEY, CO 80631 PHONE: 970-353-6100, EXT. 3540 FAX: 970-304-6498 Received From: 20 Receipt No. g • Ef 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 MISC. ❑ CASH Ef CHECK NO. TOTAL FEE Receipted By: DL# Exp. WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 918 10Th STREET GREELEY, CO 80631 PHONE: 970.353-6100 ;EXT. 35401 FAX: 970-304-6498 Receipt No Received From: Permit Type No. Description NM 4221-R IIIIMINIMMIMI 4 2 -ZPMH MI Mil 4221-USR MI. 4221 -SITE PLAN REVIEW 111111.111.11.1101 4221 -CHANGE OF ZONE 111111111111"Mill 4221-PUD 11111111111111111111.1 4221-MINOR/MAJOR SUB IIIIIMIIIIMMIll # OF BUILDABLE LOTS 4221 -ADDITIONAL 30% FEE FOR SUB'S 11111111111111111 4221 -RE -SUBDIVISIONS 111111111.1111110111 4221 -BOA 1111111111111"111. 4221-FHDP/GHDP 1111111111"11.1111 4430 -MAPS I POSTAGE 1111111111.11111111111 4430 -COPIES Mil 4730 -INVESTIGATION FEE 1.11111.1111"11111 6560 -RECORDING FEE IIIIIIIIIIIIIIIMIIIIIIII EIEIIIIIIIIIIIIIIIIIMIIIIIIIIIIIIIIIIIIII ❑CASH ItHECK NO. Receipted By: TOTAL,FEE Chris Gathman From: Sent: To: Subject: Chris Gathman Wednesday, April 07, 2010 6:55 PM 'ALPHASURVEYING@aol.com' RE: REPLY - BRASSINGTON RE -4947 PDFS Joel. Looks like plat is complete. In regards to the new digs, it is nice to have windows. Chris Gathman CONDMON)S Planner III ��, Weld County Department of Planning Services pf 918 10th Street, Greeley, CO. 80634 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 Original Message From: ALPHASURVEYING@aol.com [mailto:ALPHASURVEYING@aol.com] Sent: Wednesday, April 07, 2010 5:48 PM To: Chris Gathman Subject: REPLY - BRASSINGTON RE -4947 PDFS CHRIS, THANKS FOR THE UPDATE. THE OWNERS ARE ANXIOUS TO GET AN ADDRESS ON LOT C - IF YOU COULD PROVIDE THAT - THEY, AND I WOULD BE VERY HAPPY. THANKS, JOEL P. S. HOW DO YOU LIKE YOUR NEW PLACE ? In a message dated 4/7/2010 4:42:01 P.M. Mountain Daylight Time, cgathman@co.weld.co.us writes: Joel. No time to review during the past few days (between meetings and fires). Looks like I will be looking at this tonight. 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: ALPHASURVEYING@aol.com [mailto:ALPHASURVEYING@aol.com] Sent: Monday, April 05, 2010 9:33 AM To: Chris Gathman Subject: BRASSINGTON RE -4947 PDFS CHRIS, COULD YOU GIVE ME AN UPDATE ON THIS CASE. THANKS, JOEL 1 Feb 24 2010 4:00PM HP LASERJET FAX ,_3 me p.1 FACSIMILE TRANSMISSION SHEET Weld County School District RE -3(J) 99 W. Broadway, P.O. Box 269 - Keenesburg, CO 80643 Telephone: (303) 536-2000 FAX: (303) 536-2010 DATE: TIME: 3.T5 No. of Pages: A Including cover page TO: _ FAX #: 99D', 'Lv-t COMPANY: -tcleicl Cl� 9aUll'G 1� 4 a mm snc FROM: `711110 TITLE: IllinaiLELLUALIgiale--- COMMENTS: ❑ Urgent Please Acknowledge Receipt Please Call Me U Please Forward To ❑ Please Notify * Confidentiality Notice'` This fax transmittal is Intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient of this transmittal or an agent responsible for delivering this transmittal to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this transmittal or the information it contains is strictly prohibited. Mlsdeiivery of this transmittal does not constitute waiver of any applicable privilege, If you have received this transmittal in error, please notify us immediately by teiephone and return the original transmittal to us at the above address by mail. Thenk you. Feb 24 2010 4:00PM HP LASERJET FAX Weld County School Distncc Re -3(J) / 99 West 8toedwtty 1 P.0, Box 259/ Keenesburg, CO 80643 7e): (303) 5384000 / fox: (303) 535-2010 February 24, 2010 Weld County Department of Pliinnag Services 918 10th Street Greeley, Colorado 80631 Case Number: RE -4947 (John & Jimetta Brassington) Dear Planning Services Representative: Weld County School District RE -3J has received a check for $3,696.00 for cash -in -lieu of land attributable to this recorded exemption (Lot A, B, & C). Opposition to this application is now removed. Thank you for your continued assistance in obtaining funds that will be used to purchase land for future school use. Please contact me at 303-536-2000 if you desire further information about this letter. Sincerely, Susie Townsend Superintendent of Schools Weld County School District RE -33 cc John & Jimetta Brassington p.2 Feb 24 2O1O 4:OOPM HP LASERJET FAX P.3 vmagenICEM B2-s44/1Q70 JASON W. SRASSINGTOK 183003341 MELISSA S.K. BRASSINOTON 2048O W 9 4 ^- 41- /0 HUDSON, CO 80842 nArs p� 1001 I'AY TO L1iR 1 � I S •r� x' .00 ORD�OP �g Le -44A w d' , d i&DOLLAR5 Mr VaIIe Bank VOW= .Gal 4';0700S41,51:L530033L7ii' 00L I t z • *I' 1' d6 Up to 5.5 DIVAC AC 0 0 g 770 411. I tsi C Q M 1im $$$ w ci 1 XUA 13C 3sU1 dM WW62 t G 6002 5 L t f C STATE OF COLORADO Bill Ritter, Jr., Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Thomas E. Remington, Director 6060 Broadway Denver, Colorado 80218 Telephone: (303) 297-1192 wildlife.sfate_co. us July 29, 2009 Chris Gatham Weld County Planning Department 4209 CR 24.5 Longmont, CO 80504 RE: Case Number USR-1706 For Wildlife - For People Dear Chris, Thank you for the opportunity to review and provide comments about the proposal for the Xcel Energy, Milliken to Berthoud, 16" natural gas pipeline reinforcement project. On behalf of the Colorado Division of Wildlife (CDOW) District Wildlife Managers Eric Lowery and Suzanne Turner conducted site visits to the project route and reviewed the information packet. The Division of Wildlife applauds Xcel Energy for their efforts in considering wildlife in the project proposal. We encourage use of CDOW's raptor guidelines, included in the Xcel packet, throughout the project area to minimize risk to crucial raptor habitat during and after construction. Prairie dogs may inhabit portions of the work site. Prairie dog removal necessary to complete construction on this site should occur prior to development or construction work begins. Trapping/transplant efforts or euthanasia are legal options for prairie dog removal. If euthanasia is performed, EPA approved toxicants are recommended. Trapping and transplanting of prairie dogs requires prior approval from the Colorado Division of Wildlife. Bulldozing active prairie dog colonies is not an acceptable method of removal. Burrowing owls are listed as a Colorado threatened species, and are also protected by the USFWS under the Migratory Bird Treaty Act. They rely on prairie dog burrows and towns as critical nesting habitat. The critical nesting period for burrowing owls occurs between March 1 and October 31. When confronted with human disturbance near nest sites, burrowing owls may abandon the nest. Efforts to relocate nesting owls have generally proven to be ineffective. Sequence construction in and around prairie dog colonies to avoid critical nesting periods for burrowing owls. If it is necessary to break ground during the critical nesting periods for burrowing owls, survey impacted prairie dog towns for burrowing owls by contracting with a biologist certified for such work prior to onset of construction. If owls are found to occupy prairie dog towns, protect the active burrows as specified in CDOW's guidelines. Please refer to the following web site for a copy of the guidelines: http://wildlife.state.co.us/NR/rdonlvres/C5D61571-F l DC-4679-ADD7- F3ABB339FB IC/0/BUOWSurvet Protocol2007.pdf , Preserve native trees and shrubs as well as dead trees along the project route to provide habitat for wildlife. Replace woody plants that must be removed due to construction activity on a 1:1 basis. DEPARTMENT OF NATURAL RESOURCES, Harris D. Shetrnan, Executive Director WILDLIFE COMMISSION, Brad Coors, Chair • Tim Glenn, Vice Chair • Dennis Buechler, Secretary With new construction taking place and machinery being transported from one site to another, it is important to help prevent the spread of noxious weeds. Noxious weeds reduce the value of wildlife habitat. During and after construction, monitor and managedisturbed areas to avoid spread of noxious weeds. Clean equipment periodically to remove weed seeds even if no weeds are recognized. Promptly reclaim construction sites using appropriatee species to prevent erosion and invasion by invasive weeds. It is also recommended that a weed management plan be developed for during construction and for at least five years after construction. If heavy equipment to be used for the project has previously been used in another stream, river, lake, pond, or wetland, one of the following disinfection practices is necessary prior to construction to prevent the spread of New Zealand mud snails, zebra mussels, quagga mussels, whirling disease, and any other aquatic invasive species into this drainage. These practices are also necessary after project completion, prior to this equipment being used in another stream, river, lake, pond, or wetland: • Remove all mud and debris from equipment (tracks, turrets, buckets, drags, teeth, etc.) and spray/soak equipment a 1:15 solution of Sparquat institutional cleaner and water. Keep equipment moist for at least 10 minutes OR • Remove all mud and debris from equipment (tracks, turrets, buckets, drags, teeth, etc.) and spray/soak equipment with water greater than 140 degrees F for at least 10 minutes. • Clean hand tools, boots and other equipment that will be wed in the water with one of the above options as well. Thank you for the opportunity to comment on this proposal. If you have any questions regarding these comments, please contact District Wildlife Manager Eric Lowery at 970-692-1732 or Suzanne Kloster at 303-485-0593. Sincerely, Larry Rogstad Area Wildlife Manager cc: S. Yamashita, K. Green, C. Greenman, L. Rogstad, M. Leslie, E. Lowery, S. Kloster, A. Ryel, M. Sherman, R. Fitzpatrick, file STATE OF COLORADO Bill Ritter, Jr., Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Thomas E. Remington, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297-1192 wildlife.state.co.us July 21, 2009 Weld County Planning Dept. Jacqueline Hatch 4209 CR 24.5 Longmont, CO 80504 Re: Brassington Recorded Exemption (RE -4947) For Wildlife - For People Dear Ms. Hatch: The Colorado Division of Wildlife (CDOW) appreciates the opportunity to comment on the Brassington four -lot recorded exemption. District Wildlife Manager Chris Mettenbrink has visited the site, evaluated the impacts of the project to wildlife, and compiled comments for your review. The property consists of a disturbed alfalfa/hay pasture that is lined on the north by the Denver/Hudson Canal. Wildlife that can be found in this type of habitat includes grassland birds, hawks, coyotes, raccoons, deer, and a variety of other small mammals. The project proposes a residence be developed on lot A which lies adjacent to the Denver/Hudson canal. The CDOW recommends that a setback of 200 feet from the canal be implemented. Waterways such as canals, rivers, and streams are often of high value to wildlife. Wildlife often depends upon these areas for food, water, shelter, and a secure path in which to move across the landscape. A setback away from this area will help mitigate any impact to the wildlife in this area. In addition to the setbacks, the CDOW recommends that a weed management plan be implemented during the development of these parcels and for several years following construction to minimize the opportunity for establishment and proliferation of invasive plants. Prompt revegetation of disturbed areas using appropriate native grasses and shrub species will help prevent erosion and the invasion of noxious weeds. Noxious weeds adversely impact wildlife habitat and may require costly control measures for landowners. If fencing is to be used in the development of this property, the CDOW recommends that the fence allows the free passage of wildlife through the property. Fencing plans which avoid the use of woven wire type fences will prevent entrapment and barriers to movement of wildlife. The CDOW prefers the use of three or four strand fencing with a bottom strand height of 17 inches and a maximum top strand height of 42 inches, along with installation of double stays between posts. This design allows young animals to pass under, as well as allows mature deer to cross over the top. For more information on wildlife friendly fences, please see our publication at http://wildlife.state.co.us/NR/rdonlvres/196BDD6A-824613577-8A7D- 598EB 149061 C/0/fencing.pdf The Colorado Division of Wildlife appreciates the opportunity to comment on this project. If you should have any further questions, please contact District Wildlife Manager Chris Mettenbrink at (970) 472-4405. Thank you. Sincere' , Larry Rogstad Area Wildlife Manager Cc: S. Yamashita, K. Green, C. Mettenbrink, file DEPARTMENT OF NATURAL RESOURCES, Harris D. Shuman, Executive Detector WILDLIFE COMMISSION, Brad Coors, Chair • Ton Glenn, Vice Chair • Dennis Buechler, Secretary DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATER RESOURCES July 17, 2009 Ms. Jacqueline Hatch 4'047 Weld County Planning Department $G�y 4209 CR 24.5 Longmont, Co 80504 </(/ �F`�>'� Re: Exemption from Platting -John & Jimetta Brassingto� l44.:, Case No. RE -4947w f NE 1/4 and NW1/4, Sec. 33, TIN, R65W, 6th P.M. Water Division 1, Water District 2 Bill Ritter, Jr. Governor Harris D. Sherman Executive Director Dick Wolfe, P.E. Director/State Engineer Dear Ms. Hatch: We have reviewed the above referenced proposal to create by exemption four lots of 2.5 acres (Lots A), 3 acres (Lot B), 5 acres (Lot C) and 129 acres (Lot D). The water supply for Lots A, B and C will be from a proposed individual on lot well and Lot C will be supplied by an existing well. A single-family dwelling is located on proposed Lot D. 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. According to our records, there is an existing well located on proposed Lot D that was constructed under well permit no. 165939. The well permit was issued on September 2, 1992 pursuant to C.R.S. 37-92-602(3)(b)(11)(A) as the only well on a tract of land of 40 acres described as the SW1/4 of the NE1/4, Section 33, Township 1 North, Range 65 West of the 6th P.M. The use of the ground water from this well is limited to fire protection, ordinary household purposes inside not more than two single family dwellings, the watering of poultry, domestic animals and iivestock on a farm or ranch and the irrigation of not more than one (1) acre of home gardens and lawns. Well permit no. 165939 was permitted for the not non -tributary Upper Arapahoe aquifer and the well was constructed on November 2, 1992. The well can continue to serve proposed Lot D as long as the well is operated in accordance with the terms and conditions of the well permit. According to the recorded exemption questionnaire water will be provided by well permit no. 280030. Permit no. 280030 was issued on March 4, 2009 pursuant to C.R.S. 37-92-602(3)(b)(I1)(A) as the only well on a tract of land of 39.5 acres described as a portion of the NW1/4 of the NE1/4, Section 33, Township 1 North, Range 65 West of the 6t" P.M. The claimed land area includes all of proposed Lots A, B and C and a portion of proposed Lot D. The use of the ground water from this well is limited to fire protection, ordinary household purposes inside not more than three single family dwellings, the 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 Weld County Planning Departmer., July 17, 2009 watering of poultry, domestic animals and livestock on a farm or ranch and the irrigation of not more than one (1) acre of home gardens and lawns. Well permit no. 280030 was issued for the non -tributary Lower Arapahoe aquifer and according to the records available in the State Engineer's Office the well has not yet been constructed. The submitted information did not clarify if the individual lots will obtain their own individual on lot wells or share the well proposed to be constructed under well permit no. 280030. Note that proposed Lots A, B and C would not be able to obtain an exempt well permit, approved pursuant to C.R.S. 37-92-602, as long as well permit no. 280030 is a valid well permit. If lots A, B and C will share the well proposed to be constructed under well permit no. 280030 the well must be operated in accordance with the terms and conditions on the well permit. Should you have any questions in this matter, please contact Joanna Williams of this office. Page 2 Sincerely, na Williams, P.E. er Resource Engineer Form No. OFFICE OF Th_ STATE ENGINEER GWS-25 COLORADO g 1313 Sherman OFrWA dEo RoRESOURCES 818 (303) 866-3581 APPLICANT LIC WELL PERMIT NUMBER 280030 DIV. 1 WD 2 DES. BASIN MD JOHN & JIMETTA BRASINGTON 20480 WCR 4 HUDSON, CO 80642- (303) 654-1168 PERMIT TO CONSTRUCT A WEL ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(ll)(A) as the only well on a tract of land of 39.5 acres described as that portion of the NW 1/4 of the NE 1/4, Sec. 33, Twp. 1 North, Rng. 65 West, 6th P.M., Weld County, more particularly described on the attached Exhibit A. 4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than three (3) single family dwellings, the watering of poultry, domestic animals and livestock on a farm or ranch and the irrigation of not more than one (1) acre of home gardens and lawns. 5) The pumping rate of this well shall not exceed 15 GPM. 6) The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 7) This well shall be constructed not more than 200 feet from the location specified on this permit. 8) Production from this well is restricted to the Lower Arapahoe aquifer, which corresponds to the interval between 415 feet and 680 feet below the ground surface. Plain casing shall be installed and grouted to prevent production from other zones. NOTE: To ensure a maximum productive life of this welt, perforated-caSIng should be set through the entire producing interval of the approved zone or aquifer indicated above. NOTICE: This permit has been approved for a change of the distance from the North section line in order to place the well on the property. You are hereby notified that you have the right to appeal the issuance of this permit, by filing a written request with this office within sixty (60) days of the date of issuance, pursuant to the State Administrative Procedures Act. (See Section 24-4-104 through 106, C.R.S.) APPROVED IDC APPROVED WELL LOCATION WELD COUNTY NE 1/4 NW 114 Section 33 Township 1 N Range 65 W Sixth P.M. DISTANCES FROM SECTION LINES 1200 Ft. from North Section Line 2725 Ft. from East Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: State Engit e / By DATE ISSUED 03-04-2009 EXPIRATION DATE 03-04-2011 45.Ogotof /.Q_C. ,Receipt No. 3637544 INDIVIDUAL SEWAGE I)DISPOSW'iliM3TEM PEPNT , LJE:::LI:7 COUNTY i.: i. l•-1IPi:::'='i:l;:,;..i•ii =::E`s 1517 loTH AVE!--1€1E - It-•. 1 i€.}E"ti I::.I.:.....I.:. k:: E01.2225 RASA: iNGT't:1N, ;T(.)1-1!+11J:IME:::-T'iA ADDRESS :...031. k rc�alGTH AVENUE CITY CO COMMERO PESS-OF PROPOSED SYSTEM ?0480 W(:.R 4 HUDSON (.:Cr 0.0t:7'`i2 EGAL x)1_,iic;r- :I:F:T']:C)hi (:1F 3:t:1-1::::: .'=:U4I€i:xVIb:l:CW a . • LOT .0 i.1.,....(.. • 3 (JAI::JYf'E>: • RESIDENTIAL SINGLE FAMILY Dwi::::......:NcySERVICES: • 'PERSONS 5 ACRES BATHROOMS T I'1RC)(_ MS' 2.00 ,..(:)IT' S .l. LE. 14::'S.00 ±.-: -,:.,:; BEDROOMS BASEMENT PLUMBING NO I ATER SUPPLY 03. ;') a. 1.:7 :1" I sr [ s 01..11-,1 ;r•y � ? ::-E:...�. E'•.t'.. ...07/06/92 APPLICATION. FEE $:L5C)..00 :;;EC'D BY JOANNA (:-AL.i.:.Et3(Jb DATE 07/06/92 RATE Z.1 ....r. .L.... '. MIN : ON ENGINEER DESIGN L r O ... •--- - ''ROM E'+.:!': APPLICATION INFORMATION SUPPLIED f1•lI) 'T I iE: ON —SITE ...;.F,::... PECO FOLLOWING MINIMUM tI1Y UM INSTALLATION `::sF'E:i:[.',iF-:'E:(: ( }''!:OI•4S3 ARE I;.F::(:3t,i:1:RE Dg SEPTIC TANK :1.000 GALLONS, ABSORPT=ION TRENCH :375 ::.... FT. ABSORPTIgN BED 495 IN ADDITION. THIS E"'EF;Ii:I:..1. IS ::at.xlitCf:S;•'i• 1':) ".I --E F (:)1:.::(:)w:I:Ni3 Al)I)�E' :ef:,'... ..-- . --... I • � r1 f E [ E (' STRUCTION T .1.:,:1':1 ..e-�:. s"',..•t'1Yr';::!..: . 1 l-i.1.S� i"'I::.1�:1''I.1:1 :1.;3 . GRANTED TEMPORARILY [i"'€.lF':t-'11't.l.E...5 I (3 f�l-.E...;..!!=.+ IAY BE REVOKED OR SUSPENDED BY THE UJLL D•(.. t. l-l'rY HEALTH '1••1 1?E::.PI-ti'' I•E :. •':'- H C ......: •• SEWAGE :i:;:' (:1S:•s�11,.. SYSTEM I..:1:::.:. t: ='(:)F�;"T'i'•1 TN THE 1�11:�l.«D COUNTY :i:It1I:r:I:S,+:l:x)t.lr�tl... .. -.., ;.., -W ti^,'l:LURE TO MEET ANY •T E' I1 (:)I^; CONDITION II'kF=`°:�t:sLD !' I-•ii:::i-t�:.(:)I••E DURING .::.:°II•"•.': ,;' __ <1:'1:•1":ov f1,.. r. 1.1'-11::: ISSUANCE OF THIS :) PERMIT DOES NO1 CONS,I. "1°=::.:E iWPARTMF_, T ITS EMPLOYEES OF LIABILITY F:.EI r 70E E FAILURE ..F-: ...1 .:EloIAGE DISPOSAL SYSTEM. %,k4 OR iill u --,-r -: iC/? - ict�- ,. ::i4 :1.E't�E�11YI1:..1'.:r.-...... ,.. .... . 1 s...Rt'l1 IS NOT TR)<as''I:::i::1:::Rr=''fi-..1::: Ai -=:D :;..;::li•..i... `tl:.:t.:OI.IE::: V(:i:i:l' .C..: COMMENCED WITHIN ONE YEAR 'iR ::OF ITS :I.:::s::::;1.`T`;N: i::::.• I.'EF-•{tl":I.:. ISSUING ... _ c t_ THE RIGHTr ... E ;-I:;_.�; t�='E::1--.E'1:1:�1 THE WELD (.:(:1(.JI'-l•�-:>` HEALTH 1'E I?I::.r�'r�fr;-;-1'ti:::1-•1-f' •r�f:::.:iE:::1�'�+1:::-.:f i::: , ... .:. • TERNS CONDITIONS. ••.1-... -{:!'t : i.? MEET OUR Ilk REGULATIONS 1.. A•1 .r. ..3 i''• S ON ": ..... i .i.t..1,.1f•'1';... E I::.i":E"1≥3 S�hEI? i•'..::.(:i:.J.. .'r.:.S 1 � :•..k. (.) ,: � � . FINAL t„111... I I J'J'1T T APPROVAL �•'f-"tI :I f•:(FN T 3:1••k_il:::E-:i € •.lf'i:)1-:I. -T-E-U FINAL :II i'ti... ` :1 1 :::i:'1::::.: ' ...... 1:E:r::1RJIEI'FT-.. '•-'I_..E:. ( I::..t� SYSTEM BY THE WELD (.e(.�1.11•,I..f �a. HEALTH �'' SYSTEM E_M INSTALLER ,..... -....__. „-,-:..,,,:__,:......_.W._.......-..... FIN.4%L E,NS1'—.:1-TA SYSTEM ENGINEER .................... _.... .........__.. ...-._._. .....-..... . f ,... 11 [R I; , '•s f . E SYSTEM :C ....E TYPE .OF :.:1 INSTALLED _. �-.. ,• ISSUANCE • s.. r PERMIT T DOES ... ;�E(.. :I:1.11::',... ...��'•' .''1._.:1:r�� :1;::1::: r.s:1 E•11::: .f...7,.)t.i)•'fl�l(:�i.:: OF THIS h ...., •.i 1:1:'1' I: (.1c:..:= ..,.1. ry , _ ;.. BUILDING '•i' OUI f`sE I-1 Os. -.:r. 1: L I:.. • , :...4.7..::•kl... REGULATORY ,.il-r.. t. 1:1:1._3::.1.!•1(:; 1 . _ _ - ..;....;,__;..,....: SYSTEM OPERATE :V � E k C UMF ... .. i . . .. .: . . . rr ' :-. .. ... i..ef::� �...., SYSTEM 1 ++J .1:1...1... :..., ... .. ._ ..... -.7:x:...1....... - .I '''"'-s �. ': ATIONS 1.11'-1{:i .�_�(.�E"-� 1 i':'7.:� 1`'1::1 .... . i::i; :' TO i�''1' -.. .... • , L. ... r.-. I ... R THE :.•. i-_.- „ LOCAL OCCUPANCY I'ii E 1 . ,11. 1. ... i..l;"• "1 .. ... ... s... ... Itotvn Vine COLORADO July 6, 2009 DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 John & Jimetta Brassington 20480 CR 4 Hudson CO 80642 Subject: RE -4947 - A Recorded Exemption located on a parcel of land described as Part NE4 and NW4 of Section 33, -11 N, 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 Hudson and Lochbuie Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Hudson and Lochbuie Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Huson at 303-536-9311 and Lochbuie at 303-655-9308, for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. Sincerely, Jacquelike Hatch Planner FIELD CHECK Inspection Date: /13 1 01 APPLICANT: John and Jimetta Brassington CASE #: RE -4947 REQUEST: 4 Lot Recorded Exemption LEGAL: Part NE4 and NW4 of Section 33, T1 N, R65W of the 6th P.M., Weld County, CO LOCATION: South of and adjacent to CR 4 and approximately 1/2 mile east of CR 41. PARCEL ID #: 1473 33 000070 ACRES: 140 4/- N Agricultural N ;rrsC J.iEti di f E Agricultural E S Agricultural S W Agricultural W Comments: e, joy ,urt OA k 1A.L.6 Signature • House(s) ❑ Outbuilding(s) ❑ Access to Property y2 Crop Productions a Site Distance ❑ Mobile Home(s) in Other Animals On -Site ❑ Water Bodies Ditch GjeedDie 7.0-4 ,Y .6 /d-.,,,4.,„ ❑ Derelict Vehicles o Non-commercial junkyard (list components) o Irrigation Sprinkler Crops ❑ Wetlands ❑ Oil & Gas Structures ❑ Wildlife ❑ Utilities On -Site (transmission lines) o Topography Note any commercial business/commercial vehicles that are operating from the site err isatt WIlipc APPLICATION FLOW SHEET APPLICANT: John and Jimetta Brassington CASE #: RE -4947 REQUEST: 4 Lot Recorded Exemption LEGAL: Part NE4 and NW4 of Section 33, TIN, R65W of the 6th P.M., Weld County, CO LOCATION: South of and adjacent to CR 4 and approximately 1/2 mile east of CR 41. PARCEL ID #: 1473 33 000070 ACRES: 140 +1 - Date B Application Received 6/26/09 Drop off Application Completed 6/30/09 jh Referrals listed 6-,/.j L, Vicinity map prepared 4, (3o } fir. File assembled silts to Case logged in computer Letter to applicant mailed 1 7 Referrals mailed Field check by DPS staff Cd/(3 /Qal t - Administrative Review decision: qf z /c .---6/ f 0 of _ s -c,_._. Board of County Commissioners nearing (if applicable) udW Loy County Commissioners Hearing Date Surrounding property owners notified Presentation prepared CC action: -_-__ CC resolution received Plat recorded and filed ,mac. 47/4/to Overlay Districts Zoning Agricultural MUD Yes_ No X_ IGA Yes No X Airport Yes No^X_ Geologic Yes No X_ Flood Hazard Yes No X Panel #080266 C Date QL.() 10 By RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT # 1$ CASE # ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number I - 3 3 _0 _ 0 0- C) 7 (12 digit number - found on Tax I.D. information, obtainable at the Weld County Assessors Office, or www.co.weld.co.us) Legal Description AI ( t QO OA the I4tM I +Yic�t Section 3 3, Township North, Range(o West -khe Fc 1 '4iD..50 ci c54 ilk tip Has the property been divided from or had divided from it any other property since August 30, 1972? Yes X No_ Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes X No FEE OWNER(S) OF THE PROPERTY: Name: 1 -01 -No \ afld Work Phone # 303-a tU B"Home Phone # 3 (o5 -t t I (o $ Email Address Address: ;7D 0u DSO Li Q . City/State/Zip Code Nucor , CO goC.Q`-t APPLICANT OR AUTHORIZED AGENT (Sea Below: Authorization must accompany all applications signed by Authorized Agent) Name: Work Phone # Home Phone # Email Address Address: City/State/Zip Code /U A airvi re is vacant or unim roved write proposes wafer source and prc l if the p perty P example, if a well and septic is proposed state: proposed well, proposed septic. Lot A Smaller Parcel Lot B Lot C Lot D Water Source U o sad e ' V�� 4 U Pco oosc8loG LI pPOpoS Dow 4(5tf;�9 we.( I (� Ex Los SeptaC Type of Sewer VCO)3SQ6 StC V0p2SE.d `e ;C Proposed Use j,i('l9 e %c-'i,y StIlc� _e 'Nc cn,y St( k m,\. t)(:1„c.) VSr'n Acreage a Y0 A kvo 3 (Ncc'e-3 Ptyrat 1j c cS 3 hPso)(, 1 a.CACcQS 4VOY Existing Dwellings? IQ If Yes, list address below: ,gD`417.2 O211 If Yes, list address below: o2G y �,A,e y If Yes, list address below: 02a 2ff+4ICRV If Yes, list address below: Oi-t'v (,)cR ►1 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 the corporation. Date Si nature: Owner or Au orized Agent Date ICQ&DigtaY0 Signature: ner or Aurtzed Age r ignatur RECORDED EXEMPTION QUESTIONNAIRE 1 Water Supply Statements a Water will be provided by a well Permit #280030 (copy attached) b. This parcel was purchased with no water rights 2 A copy of the existing Septic Permit # G-920172 (copy attached) 3 One Manufactured home and six out buildings/barns. We grow alfalfa and sorghum, pasture 7 to 20 head of cattle, 7 head horses and 12 hogs. 4 The new parcels will be approximately 2.5 to 7 acres in size and located South of CR 4 on the West boundary or our property. The new parce1is are being created for our children. so they can each build a single family dwelling. 5 Denver/Hudson Canal is the Northern Boundary of our property. 8 No building envelopes are requested. 7 No r Oix N O 0 felf:4'4 Vine COLORADO DEPARTMENT OF PLANNING SERVICES NORTH OFFICE 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 Application being submitted: Submittal fee: /{ ' Check# ?J Cash Name of person submitting: 'Au Contact name (if different from above): r . r : '"+ \/ ,f 1 I Telephone number, ,. t� CX . - E-mail: The Department of Planning Services is accepting the paperwork for this Land Use Application with the understanding that the application has not been determined to be a complete application with all of the appropriate documents and exhibits. The Department of Planning Services will determine prior to the end of the next business day whether the submitted documents are in compliance with the Weld County Code, and as such, shall be deemed a complete application. The Department of Planning Services shall also determine prior to the end of the next business day whether the submitted fees are appropriate for the requested application. Should there be a discrepancy with your application, the Department will contact the applicant/applicant's representative via telephone. Land use cases will not be setup or processed until the requested application materials have been submitted and the appropriate fees paid. Thank you for your assistance and cooperation. I understand and agree to the conditions stated herein:_ . Signature Signature of staff member received from! < Date: t,_, - r:// REFERRAL LIST Name: John & Jimetta Brass. ,,.on County Attorney x Health Department _Extension Office _Emergency Mgt Office - Ed Herring Sheriffs Office x Public Works _Housing Authority _Airport Authority x Building Inspection x Code Compliance Beth Kim Ogle (Landscape Plans) _Lin (Addressing Change of Zone) Ambulance Services State x Div. of Water Resources _Geological Survey _Department of Health _Department of Transportation Historical Society _Water Conservation Board Oil & Gas Conservation Commission Division of Wildlife x 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 Greeley/VVest Greeley Platte Valley _x_West Adams _Little Thompson Federal Government Agencies US Army Corps of Engrs _USDA -APHIS Vet Service _Federal Aviation Admin (Structures over 200 ft or w/in 20000 ft of Pub Airport Federal Communications Comm Towns & Cities Ault Berthoud Brighton Dacono Eaton Erie Evans Firestone Fort Lupton Frederick _Garden City Gilcrest _Greeley Grover x Hudson Johnstown �Keenesburg Kersey LaSalle x Lochbuie _Longmont Mead Milliken _New Raymer _Northglenn Nunn Pierce Platteville Severance Thornton Windsor Counties x Adams Boulder Broomfield Larimer Other x School District RE -3 Central Colo. Water Cons RR x Denver/Hudson Canal Art Elmquist (MUD Area) ,s$ #: RE -4947 Fire istricts A It F-1 B-rthoud F-2 B iggsdale F-24 B ighton F-3 E=ton F-4 _F•rt Lupton F-5 F ederick aleton F-6 x H dson F-7 J •hnstown F-8 L=Salle F-9 ountain View F-10 illiken F-11 unn F-12 'awnee F-22 latteville F-13 latte Valley F-14 oudre Valley F-15 aymer F-2 southeast Weld F-16 nion Colony F-20 iggins F-18 indsor/Severance F-17 Co missioner NameN k ) Count Attorney Health Department _Extension Office Emergency Mgt Office - Ed Herring Sheriffs Office Public Works __Housing Authority Airport Authority Building Inspection Code Compliance Kim Ogle (Landsca _Lin (Addressing Change of Zone) Ambulance Services N -Ann ns) 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 _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 wlin 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 Rayner _lNorthglenn Nunn Pierce Platteville Severance Thornton Windsor Co nties Adams Boulder Broomfield Larimer Ottxer School District RE - I Central Colo. Water Conservancy Dist RR pitch Company,DE4)Y.A hues-. JC--04.4 _Art Elmquist (MUD Area) Commissioner ease #: a:- `1541 Fire Districts Ault F-1 Berthoud F-2 Briggsdale F-24 Brighton F-3 Eaton F-4 _Fort Lupton F-5 Galeton F-6 Kkludson F-7 Johnstown F-8 LaSalle F-9 _Mountain View F-10 Milliken F-11 Nunn F-12 Pawnee F-22 Platteville F-13 _Platte Valley F-14 Poudre Valley F-15 �Raymer F-2 Southeast Weld F-16 Union Colony F-20 Wiggins F-18 Windsor/Severance F-17 Legal (.7- Ai c � r .ti n- '( 3g- ( - ‘r Parcel ID # I 4") c.i c "7 Zone A Acres? USDA dr. f P'`" r Airport Geo Haz /"v FP? Panel # IGA? aJo ORD # MUD? ),/v S iv J� ,-111 C tGF++v3'a t- ti' -it 53-1-61- /v7 3 33eo aif LJ c iJ �1I�Qa,-env Jr A.10,d ti `-J ;;T -V7 Weld County Treasurer Statement of Taxes Due Account Number R0I29589 Assessed To Parcel 147333000070 BRASSINGTON JOHN & 20480 CR 4 HUDSON. CO 80642 Legal Description Sims Address I0883D NE4 & E412.50' OF NW4 33 1 65 EXC PT NE4 LYING N & F OF NEI_Y R,'W OF DENVER HUDSON CANAL (6.50D) Year 2008 Charges Tax Billed $35.46 Payments 50.00 Balance $35.46 Grand Total Due as of 04/03/2009 $35.46 Tax Billed at 2008 Rates for Tax Arca 2498 - 2498 Authority WELD COUNTY SCHOOL DIST RE3J HUDSON FIRE AIMS JUNIOR COL HIGH PLAINS LIBRARY Taxes Billed 2008 * Credit Levy Mill Levy Amount Values Actual Assessed 16.804000* $10.57 AG -DRY FARM LAND 52.182 5630 26.196000 $16.51 Total $2,182 5630 3.697000 52.33 6.323000 53.99 3.260000 52.06 56.280000 $35.46 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 PAW APR 0 3 2009 WELD COUNTY TREASURER PER. Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence of the status as of this date of all property taxes; special assessments and prior tax liens attached to this (these) account(s). ? Current year's taxes are due not delinquent: Signed: Date: Weld County Treasurer Account R0129589 Parcel Number 147333000070 BRASSFNGTON JOHN & 20480 CR 4 HUDSON, CO 80642 Receipt Date Feb 18, 2010 Receipt Number 2010-02-18-10-7710 Situs Address Payor Legal Description 10883D NE4 & E412.50' OF NW4 33 1 65 EXC PT NE4 LYING N & E OF NELY RAN OF DENVER HUDSON CANAL (6.50D) Property Code Actual Assessed Year Area Mill Levy AG -DRY FARM LAND - 4127 1,633 470 2009 2498 51.613 Payments Received Net Vantage Mutti-Account Payment Check Number 08369 Payments Applied Year Charges 2009 Tax Billed $24.26 Prior Payments $0.00 Thank you for your payment all payments subject to final bank clearance New Payments $24.26 Balance $0.00 $24.26 $0.00 Weld County Treasurer Statement of Taxes Due Account Number M0008093 Assessed 7 u Parcel 147333000070 BRASSINGTON JOHN & 20480 CR 4 HUDSON, CO 80642 Legal Description Situs Address 10883-D IMPS ONLY MJL NE4 & E412.50' OF NW4 33 1 65 MOBILE/MODULAR TITLE: 20480 4 CR WELD 80020 03M665774 SERIAL: 2292179T1024A&B YEAR: 1992 MAKE: TCC SIZE: 28X56 SITUS: 20480 4 CR WELD 80020 Year 2008 Charges Tax Billed $176.72 Payments $0.00 Balance S176.72 Grand Total Due as of 04/03/2009 $176.72 Tax Billed at 2008 Rates for Tax Area 2498 - 2498 Authority WELD COUNTY SCHOOL DIST RE3J HUDSON FIRE AIMS JUNIOR COL HIGH PLAINS LIBRARY Taxes Billed 2008 * Credit Levy Mill Levy 16.804000* 26.196000 3.697000 6.323000 3.260000 Amount Values $52.77 MANUFCTRD 882 25 I IOIJSING-IMPS $11.61 Total 519.86 $10.23 56.28000(1 $176.72 Actual Assessed 839.500 $3,140 S39,500 $3.140 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 PA`s. 2009 WELDCOUNTY li TER PPR, �. _ - Weld County Treasurer Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence of the status as of this date of all property taxes; special assessments and prior tax liens attached to this (these) account(s). Current year's taxes are-rh>t rte,... Signed: Date:2± Weld County Treasurer Account M0008093 Parcel Number Receipt Date 147333000070 Feb 18, 2010 BRASSINGTON JOHN & 20480 CR 4 HUDSON, CO 80642 Receipt Number 2010-02-18-10-7710 Situs Address Payor 20480 4 CR WELD 80020 Legal Description 10883-D IMPS ONLY MH NE4 & E412.50' OF NW4 33 1 65 MOBILE/MODULAR Property Code Actual Assessed Year Area Mill Levy MANUFCTRD HOUSING -IMPS - 4278 39,500 3,140 2009 2498 51.613 Payments Received Net Vantage Multi -Account Payment Check Number 08369 Payments Applied Year Charges 2009 Tax Billed Prior Payments New Payments Balance $162.06 $0.00 $162.06 $0.00 Thank you for your payment all payments subject to final bank clearance $162.06 $0.00 Jul. 10. 2009 11:27AM HF"'RYLYN IRRIGATION No, 2370 P. I off, S� y °` , Bpi<e), 009 41. COLORADO ,�, The Weld County Department of Planning Se -s received the following item for review: err weld County Referral July 6, 2009 Applicant John & Jimetta Brassington Case Number RE -4947 Please Reply By August 1, 2009 Planner Jacqueline Hatch Project Four -Lot Recorded Exemption Legal Part NE4 and NW4 of Section 33, T1 N, R65W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 4 and approximately 1/2 mile east of CR 41. For a more precise location, see legal Parcel Number 1473 33 000070 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services, if you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. , See attached letter. Comments: Signature Agency 1-/e -'f Date +Weld County Planning Dept. +4209 CR 24 5, Longmont. CO 80504 4(720) 652-4210 ext.5730 0(720)652,4211 fax Jul. 10, 2009 11:27AM HEN'RYLYN IRRIGATION No, 2370 E. 2 •� Hi RENRYLYN IRRIGATION DISTRICT P.O. Box 85 Hudson, Colorado 80642 (303) 536-4702 Fax (303) 536-9477 July 10, 2009 RE: Case Number — RE -4947 John and Jimetta Brassington To Whom It May Concern: The applicant's have provided a hand drawing of the area showing the Henrylyn Irrigation District's canal known as the Denver Hudson Canal. It should be noted on the final plat that the easement for the canal is 100 feet wide. No construction of any kind will be allowed within this easement without the owners first contacting the District's manager to apply for a License and Agreement to be approved by the Board of Directors. A copy of the final plat as approved by Weld County should be provided to Henrylyn Irrigation. Any additional information that is added to the application for review should be forwarded to the Henrylyn Irrigation District's office at the address above. Jul 14 2009 7:59AM HP LASERJET FAX p.1 FACSIMILE TRANSMISSION SHEET Weld County School District RE -3(J) 99 W. Broadway, P.O. Box 269 - Keenesburg, CO 80643 Telephone: (303) 536-2000 FAX: (303) 536-2010 DATE: „,1i_Dtb 1Ll, 09 TIME: 855 No. of Pages:. Including cover page TO: 14(.1.5th FAX #: roo-.ka COMPANY: l-kaiLl8 aWYEN- FROM: *Till) TITLE: COMMENTS: (C;o9pnifftat- 14'7 Urgent Please Acknowledge Receipt Please Call Me Please Forward To Please Notify Confidentiality Notice* This fax transmittal is Intended only for the use of the individual or entity to which It Is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient of this transmittal or an agent responsible for delivering this transmittal to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this transmittal or the information it contains Is strictly prohibited. Mlsdelivery of this transmittal does not constitute waiver of any applicable privilege. If you have received this transmittal in error, please notify us immediately by telephone and return the original transmittal to us at the above address by mall. Thank you. Jul 14 2009 7:59AM HP LASERJET FAX _ P.2 Please contact Kerrie, at Weld County School District Re -3,I, at 303-536-2005 to set up an appointment to pay Recorded Exemption Fees. July 14, 2009 Weld County Department of Planning Services 4209 CR 24.5 Longmont, CO 80504 Case Number: RE -4947 (John & Jiimetta Brassington) Dear Planning Department Official: This project provides for a recorded exemption within the rural area of Weld County School District Re -3J. Although recorded exemptions, individually, represent a small increment of the total housing stock, the cumulative effect of several such approvals is exerting a considerable negative effect upon the school district's ability to provide adequate educational opportunities for the resulting students. Additionally, the substantial separation of these units from other more densely populated areas increases school transportation costs, further eroding the amount of funds that can be applied in the classroom toward educating the students. The school district's Board of Education is opposed to approval of additional new housing without adequate mitigation of land costs. However, in the event that the County Commissioners decide to approve this application, Weld County School District Re -3J respectfully requests that these exemptions be required to mitigate the costs of providing land for school sites as explained below. Site Issues Based upon the district's school capacities and site size standards, the proposed exemption would generate the need for less than one acre of land; the cash equivalent would approximate $1,232 per single-family housing unit (see Table 1). If approved, it is requested that this amount be paid to the school district as a cash -in -lieu of land dedication for each new unit allowed (Lot A, B & C). Recommendations The Board of Education remains very concerned about the recent trend toward accelerated residential activity throughout the district and the ensuing enrollment that will follow, as well as the district's physical and financial ability to serve that growth. Approval of additional residential development without a ready and identified means of providing appropriate infrastructure would not demonstrate good stewardship of the public trust. As stated before, cash -in -lieu of land of $ 1,232 is requested for each single-family housing unit. Therefore, the total due to Weld County School District RE -3J is $3,696.00 for Lot A, B & C. Without such mitigation, the district will recommend that the application be denied. Sincerely, Susie Townsend Superintendent of schools Weld County School District Re -37 #0141 WIDc COLORADO Weld County Referral July 6, 2009 JUL -8 2009 The Weld County Department of Planning Services has received the following item for review: Applicant John & Jimetta Brassington Case Number RE -4947 Please Reply By August 1, 2009 Planner Jacqueline Hatch Project Four -Lot Recorded Exemption Legal Part NE4 and NW4 of Section 33, TIN, R65W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 4 and approximately % mile east of CR 41. For a more precise location, see legal. Parcel Number 1473 33 000070 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 I does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature Agency Date .Weld County Planning Dept. .4209 CR 24,5, Longmont, CO 80504 +(720) 652-4210 ext.8730 +(720)652-4211 fax $M. Weld County Planning Departma, GREELEY OFFICE W1�Pc. COLORADO MEMORANDUM M.3 1 4 7tiflg RECEIVED TO: Jacqueline Hatch, Planning Services DATE: July 29, 2009 FROM: Don Dunker, P.E., C.F.M., Public Works Department Brock Hodgson, Engineering Intern, Public Works Department SUBJECT: RE -4947, John and Jimetta Brassington The Weld County Public Works Department has reviewed this proposal. Staff comments made during this phase of the process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Issues of concern must be resolved with the Public Works Department. Our comments and requirements are as follows: COMMENTS: WCR 4 is a major arterial road, 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. The most current road count for WCR 4 is 496 AADT taken in May of 2007 WCR 41 is a local gravel road and requires a 60 -foot right-of-way at full build out. There is presently a 60 -foot right-of- way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1- 90), the required setback is measured from the future right-of-way line. The most current road count for WCR 41 is 117 AADT taken in May of 2007 REQUIREMENTS: The applicant shall provide documentation of the current permanent access easement across parcel #147333000058. The applicant shall utilize the existing residential access off of CR 4 through the permanent easement access in parcel #147333000058 to Lot D (RE -4947). Utilize the existing residential access off of CR 4 through the permanent easement access in parcel #147333000058 to Lots A and B (RE -4947). The applicant shall indicate specifically on the plat the type of easement and indicate whether it is dedicated, private, or deeded to provide adequate access to Lot C across Lot B (RE -4947). Section line accesses are considered private lanes with no county maintenance. The applicant shall place on the plat drawing: 30 -foot access easement across Lot B for the benefit of Lot C on case RE - 4947. Public Works will finalize access points for the proposed development with the applicant. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. FLOOD HAZARD DEVELOPMENT STANDARDS: This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). PC PC - RE -4947 Jacqueline Hatch, Planning Services Page 1 of 1 M:IPLANNING -- DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-4947.doc 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 �0ht1 e S +,mekc� &Q t n )n Phone 3 03-�5 �- �c�8 Address `c�C'-1'O C �. Lk City HL t 3fl State Cf.) Zip $3Q(o1-4,D 2. Address or Location of Access a 0 f- () L) C R I-1 ) I- utc- .Son, CCD B OCnit'D Section ?)3 Township 1 Range (._Q5 Subdivision Block Lot Weld County Road #: `4 Side of Road Sc)utfh Distance from nearest intersection Ii// mle. 3. Is there an existing access to the property? Yes X No # of Accesses 0 n 4. Proposed Use: ❑ Permanent ❑ Residential/Agricultural Ca industrial U Temporary ❑ Subdivision ❑ Commercial ❑ Other ******************************************************************************************************************************* 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential O&G = Oil & Gas D.R. = Ditch Road O = House O = Shed A = Proposed Access A = Existing Access NT OFFICE USE ONLY: Road ADT Date Accidents ate Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title: -7- COLORADO Memorandum TO: Jacqueline Hatch, W.C. Planning DATE: July 30, 2009 FROM: Lauren Light, W.C. Department of Public Health and Environment CASE NO.: RE -4947 NAME: Brassington Environmental Health Services has reviewed this proposal to exempt 3 lots off of a 139.5 acre parcel. Proposed Lot A will be 2.5 acres in size, proposed lot B will be 3 acres in size, proposed lot C will be 5 acres in size and proposed Lot D will be 129 acres in size. There is an existing residence on proposed lot D which is served by an individual water well (permit 280030) and an individual sewage disposal system (G- 19920172). Proposed Lots A, B and C are vacant and a new sewage disposal system and individual well will be installed on each lot when a residence is constructed. The following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed homes septic systems and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Please note, the lot owners shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sewer line. In accordance with the Weld County Code, if a sewer line exists within 400 feet of the property and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. 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. 2. This application is proposing a well 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. COLORADO Weld County Referral • July 6, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant John & Jimetta Brassington Case Number RE -4947 Please Reply By August 1, 2009 Planner Jacqueline Hatch Project Four -Lot Recorded Exemption Legal Part NE4 and NW4 of Section 33, T1 N, R65W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 4 and approximately 1/2 mile east of CR 41. For a more precise location, see legal. Parcel Number 1473 33 000070 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. We have reviewed the request and find that it does / does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: U i'C'Af1i?iZ bt�� --� �� ezcop pier, rO \f\O(t1c,cO LkX rG r *c -Vct Pctora it1S - kT.Me(m -t.4 rxii0 Signature Agency 72r�Cexmpt` rY'Q Date +Weld County Planning Dept. +4209 CR 24,5, Longmont, CO 80504 +(720) 652-4210 ext.8730 ❖(720)652-4211 tax Fax sent by : 13835364753 TOWN OF HUDSON 87-89-89 88:31 P9: 1/1 COLORADO Weld County Referral July 6, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant John & Jimetta Brassington Case Number RE -4947 Please Reply By August 1, 2009 Project -Four-Lot Recorded Exemption Legal Location Planner Jacqueline Hatch Part NE4 and NW4 of Section 33, T1N, R65W of the fith P.M., Weld County, Colorado. South of and adjacent to CR 4 and approximately'/ mile east of CR 4t _ For a more precise location, see legal. Parcel Number 1473 33 000070 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. Zl We have reviewed the request and find that it does / does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature Agency Date 3- 09 +Weld County Ptenn}ng Daps, O4209 CR 24.5, Longmont, CO 80504 4(720) 652-4210 ext.8730 4(720)652-4211 fax Jul 13 09 11:52a Vicki 3035360162 p.1 ottikon IVDt COLORADO We, s'41.9,,ty a06;o 01 1- 9,20 c Weld County Referral 9 July 6, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant John & Jimetta Brass ington Case Number RE -4947 Please Reply By August 1, 2009 Project Four -Lot Recorded Exemption Planner Jacqueline Hatch Legal Part NE4 and NW4 of Section 33, Ti N, R65W of the 6th F.M., Weld County, Colorado. Location South of and adjacent to CR 4 and approximately !2 mile east of CR 41. For a more precise location, see legal. Parcel Number 1473 33 000070 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. We have reviewed the request and find that it does / does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature Agency l�u� ,x qtr PrfrTrellsbr, 7-i . eft Date +Weld County Planning Dept. +4209 CR 24.5, Longmont, CO 50504 +(720) 652-4210 ext.873D 4(720)652-4211 tax Security Title Guaranty Company "Closing the American Dream...Since 1946" 1711 61st Avenue, Suite 100 Greeley, CO 80634 Phone (970) 356-3200 Fax (970) 356-4912 Bill To: John & Jimetta Brassington 20480 WCR 4 Hudson, CO. 80642 DATE: June 9, 2009 INVOICE # FOR: Brassington ,T _. Certificate of Conveyance $ 200.00 TOTAL : _t::; :::_ _::` : 20%00 - Make all checks payable to: Security Title Guaranty Company If you have any questions concerning this invoice, contact Cindy West (970) 226-1901 E) cwest@stgco.com THANK YOU FOR YOUR BUSINESS! CERTIFICATE OF CONVEYANCES STATE OF COLORADO COUTY OF WELD WELD COUNTY DEPARTMENT OF PLANNING SERVICES The Security Title Guaranty Co. TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION: .All that part of the NE1/4 and all that part of the East 412.50 feet of the NW 114 of Section 33, Township 1 North, Range65 West of the 6th P.M., lying South and West of the Southwesterly right of way of the Denver Hudson Canal, County of Weld, State of Colorado CONVEYANCES if none appear, so state) eception No. 1381924 eception No. 1381927 Reception No. 1665127 %/Reception No. 1874062 %/Reception No. 2174509 jkeception No. 2204523 , Book 1615 Page 167 , Book 1615 Page 168 , Book 743 , Book 952 ,Book 1127 , Book 1255 The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be constructed as an Abstract of Title nor an opinion of Title, nor a guarantee of Title and the liability of Security Title Guaranty Company, hereby limited to the fee paid for this Certificate. In Witness whereof, Security Title Guaranty Company, has caused this certificate to be signed by its proper officer this 3rd day of June , 2009 , at 8:00am. Securi y Iitle ,.Guaranty Company Authors Signature Joel F Ford • Tws DasA toad: naa —-18th—"pay ss May is S year of t.= _.. ≥ liteesW.sed >§ixty-too between • MULL C. COWMAN of the � of Veld sad State of 'Cotuesdo, ed the t put, and _ �w .— — jj� awiaD BANS BICB and MARILYN BICR1� .� 1 11 I! a ;h •. Ct ? 4 xe sad Sty i cat+ of the > pet: 11. - — • WITNESSETIf. that the aid tatty � of else first tom. for ref in ¢swat of the es of of io consideration and TRW AND 00/1C0 e_. M.. 9si4 pet, of the fret Nate head peid b9 the sold parties of the aecoad part. the to mitered h _ _ _ -.4 -.:. ^ --__ L=_ . of " ect?"r_irt sad br theac Weenies do 0$ pant. harpho. deli, more, and oven= unto the said parties of Sc seeaad peat. their heirs and assigns sewer, sec is tanaoey to gems= het is Jtdet tented. an the following deaeeibef lot or parcel of had. aitxte, Wog sad haw to the • Can't, of VDU tad State of Colwad . Wyk: An undivided one—half interest its and to the North w� a3 hi; • aa....itr 6�e.le.o West �?? of ≥''2'c�}�u .a..a: aVMr..�... x i wire e.wr ...°•.�— of the Sth P.M. ii U Wu +pt.�F'=ricci iheretaito : regeag. err in anywise TOGETHER Celle all awl *webs. Cf O0 �i--, :refs banes sad poets thereat: sad all the `!`S ata�.y and the reversion y .IfrV.eY.; ••�..--- � •• -_ estate. tipsm title, interest. claim omit dawned•r;A:...er ..t .r., rN prev of tic Brat Past either is law or eatmty. .�.. h.• awl to the atoms Wergamed wesesess. with ens mat and api'artt ow - TO HAVE. ARP TO HOLD the add premises above haepahred and described. with the aiypsslmsme¢s, sate the aid pasties of the eecnnd pet. their heirs and assign foesrer. And the mid petty of the Etat part. twhie sill . hits heirs, esmostor, sod adreigh drstees do 5$ anosant. grant, bargain end agree to awl with the aid parties of the eeosad port. their helot and tetras, that at the time of the 2eaaallog sad delivery of these presents be is well ,sited of tin prolapse oboes gene. tea of goad. care. xpfect, tbeoietw_ end 1Mtefeulbllc :oats of toberitsete. is her, to fen sheple, and has goad rigfat fell pow end lawhd sntbocity to pant, bergaia. aeii sad convey the Barra to 'wanner and form aforesaid. end that tin tame are fees and clear Irani an forma' aced other grant; baritxina, irks, liens, tsars, teesesttnts sad inantibramus of whatever b ear or rater? Except, reservations, rights of wary and sasesauts of record nsibesbs the duet and peaceable poeeeaiun e4 else aid patties of the second pert. their bens and tic above hart alt Pd av'ty and e+stY+r� a�aiast atl cud sassy ieersaa or Deraoaa �ir1aR=' caimtag or to claims the whole x tray � �r'�` the said tarty of the first pot shall and will WARR$1IT AND FOREVER DEFEND. IN WITNESS WHEREOF the said per, of tlx feat [part ha 8 hereunto set his hand and -74 seat the day anpeer � shove written. Q !` Ii Ras STATE OP COLORADO. Cormty of ADAMS J T e f_zetr ^S _ °eat Ts aebartwiedged before nee tits tir(2. t,, Durrell C. Converse // t.� -11Z— 6 19 2lst day of Nt (SEAL! • . Witness my hand and offuial seat. ✓ n r"7 --t�-t �'--f.•"� henry Pattie. tan oio NR P21. WARIA i?Y OU:P.--A Joint ?rises —P rddrta.Mar+Pristine dooms,. orno t a pew �eutt. w46 Moat toms. . C..r :=4".0c14;01.4. +dt ►7 aaufal Out teen or >K �!smart aims or unman: it by t or opine capacity or eererinrls: it ay Well", eee•. a rt ere a mow of tortes Siea assentor turner• spae !steep sass et owe wtraenr or tl[toera ne w gesleeet or SXaas otileata of such corperatb4 earning it—alwterarp 1cta0 ~cklV *Q ®m. 310.44 Cgoraeo Rafted $litmus In t i 1 a:t goYir 5 are fly r�}{ . MAY 12 w ltateewed ae.- `� � � � Ilaorptira t2,. s - a>L_ _ Ear,.:its : .tenrele, —PadZI=4a magi II Tins Doo ion �o'rsa �._..��J ^1 en Rao s° t -r Lead tare t d ripe iansyed atel ee►.eooD"v3'RULL C. Can u'r Cdar>em r1 the first part. rod DALE =IAD EICENT6 and AMICZ B. NICZNEM ,. ?may -two i Rir'1r'u:}3SH"a Wtda P t of *0 � Al AdtlHH psi state a2 Comrade. at thew woad post: - I • d tt'e Erse part tsar lead & tueilsridcm t1 the Moat of Cottigr rajns - W<TNESSiiTt; tint tie said warty ��;��r�=- '.,.a a.ta.,, _� rte)!Z�1 L'QiSAF-S n II _ to the said party a[ dal fie pert in land paid by $t said patties of tare .emyd tit, tat receipt whined is rareby cnoiseteed sand 0*owiedged. ho pf neemed. lothahmed.sohi and..,-.w.b. as9 by theta premeds &GA "mt. b.WO, aA wave and coon* mate tau add party as tae rece®i pat Ala erry and asa3sua flamer. not 6.,667 L ate.... En .-,..'r' tom' :.—.• -- elootad tot ar eared od iwd, dew*. We! and beim le the Ceenr' rd Wad and Mile of Cnlaada. Matelot 6a undivided hail interest is and to the North half of Se tftoo 33, Tamaahip 1 Worth, linzge 65 'fit of the doh P.L Ts4Ecat= E �. .a. ...t w �� .'�M�.�..af. � Mrw.•••M apyattiek=, and tits reatctiew awl seri:mimeo. odor t sad reta>Isdrn, terSt*, leases mad senate thereof; and aG the *tate. tiQ1'. eh* i mere,C chairs and dated ohnsoext of then mid party of t3a fk.t poet. eiders ie 4+ er eget7. of, he ead to time sport borgainnod proems with 'do aniakaresrata ands ettantsraz TO HAVE AND TO HOLD that sad dees agar hennasod nom de.ere..l ..ilea the mrnerruaorna r.to the odd parties of the orenod pert their *km end aedaaa inereee. had the odd potty of the Ora* par% *Lido waif. his haler., neemteco. mat s+iu3mictrarore da a rocoopent. seami. And .,on 5s and with the odd pee,4et 01 the second part their heirs and zetitpa, t het ft AS nett of the tortvinanea9 d&Kmp of &eau peasonta he is ceeIi seined o1 the moth* abvee eneeri[d, =of good. atx. patent. ,tsolate and hdef emilda seta* ri Itioniteaee. in kw, in fee simple„ ut9 ho f gm! 19td. Sit! weer acts Swing aetlica by in a tt t4 bargain. se acid tows» let t wets. in e atanot at•f fair afore*#1, and fte *0 no,. eft ter-. =Id e'....i- 'era o Condor mks sixes Woo*, *maim uaica, h3co,, tames, eremmmta and ixa*renceo lei embaters !dui Of sates. maser? Except .reservations, rights of tray end easements nQ moor& and t5e abc-re haspadwt pantie= Ie Get golEnt Nei pe :cane p wneroa of ZR• Cain pops" of the ircaiad peer, rode eta and asmidmo. *iciest ell and erxff Caress ar!dames fta°ed9 debad.apr as to eicdtn toss fttafa or pet hart goods, the said put 7 of the Grit part oir.ei c& cralit vrkn1Abrr A(Tt trice#VP.II DEFEND. IN WITNESS W1!EICEOF *0enial peaty' of the asst part Ott 0 thsaeetem me4 hip load atl Dal the rday and lea' not ohtoe mcni'he.. Septet Seal* mad D. -Slivered le tat Fverreud of STAYS OF COLOPA.Dy, Coraw of ADAMS The ioregoloet instrument was atieflYSlest1 before foe t2taa 21st 1982, art Darrell C. Converse rnaamiraion =Ores 3- / -�LI� . F!rit---rte ray tad sad official sees n 11 e F N.. 921. aaaieMt't' atom. —t. lei.e s....r.. a..rr, r trr..sa. F».ek* ro..4. t. Ey C'^� S,?. -.?-4 y _ Aar[ tweet to NOON: Ile if rotnao actin( to !eW'raiar.t.'aa Oe Rtr'�.ti.t thitelti iJ an {{ atteeneyle-tML thou ttrert damp or ewe* ea *reel*, -la-1 tt M ocher re ca,.1 a oomewv�' :: i.7 �...fas ti Ci.f -I[ ieaar.0r ibex Insertt. .aiia.tsoom ffleer ..Of rr' La 1'b fo or Otter en3e.pr of each eettematioa �eaoslas It—ataatap BOOK a '7- teaselled at v erg el../ tit. 161275 O 1.6M-19.77 s i- ;;. s:::. :r: bcorder. C.2 tereptizen Ile ncp r4 O G a• a 11ns Thum, Made tide 6th day i May .1975 between HOWARD HANS EICHNER, MARILYN EICHNER, DALE EDWARD EICHNER and JANICE B. EICHNER G?elci of the :10.1,21;)..,.. i:. jGly.;Y:s'`:i yti nit? _'er.art��s �n ro.r.a~, - - Caicrdo, oaF the second park: WITNESSATtl 'Met the =+d •-.4.1.e sat the ;Ind part, for and in consideration of teex Mac of other valuable • a_r_t vvi,a iuCsa4.e.uu and TEN AND NO/100 DOLLARS to the acid part i es of the first pert in hand paid by said part ies of the second part, the receipt whereof is hereby eonfesaed .,nd acknowledged. be ve granted, bargained, sold and conveyed, eat by these presents do 'rst, bargain, sell, convey and confirm, unto the said part les of the second pert, hei a and aatiigna for- ever. ail the following described lot or parcel i of land, situate, lying and being in the County of WELD and State of Colorado, to wit: The North Half (N1) o£ Section 33, Township 1 North, Range 65 West of the tith P.M., Except parcels conveyed by deeds recorded in: Book 513 Reception number 1435001 Book 513 Reception number 1435002 Book 663 Reception number 1584555. TOMMIE with nn =adtee__,..^^ :�- ha harts.- :_:..... sea appurtenances thereto halm%Ing, or in aro wire appertaining, and the reversion and reveradear, remainder and remainders, rata, leans and presets thereof, and all the estate, night, title. interest, els.'m and dearer whatsoever of the said pert ies of the drat part, either in law or acuity, ey in amyl to the above bargained premises, with the berr,dit.4 ant appertains -la. W' HAVE AND. TO NOW the said realm abate haxye ne3 and 0*e-e i,s-I rtith that appurtenances, meta the nt1 .s ..�_ - d a.�a ..� 8 t. �. ,�.... __. c .,. ;gat _. f__ ..�+b?1 � ra:d�r'art ins a4 .l�sr sire, pax for them *ewes, 1.' ,i, e;c iesinea, and rd e1' 4 tmZore, do canner* z nt, bargain, end Agee to Bras :.: theraidparties- of the neared i"o t, hairs and assigns, that at the tiro a the a irsenl.Ing end delivery elzst Itommte,theY area eetx.3 cat till peaebna above eortragel. as of good, acre, yefat, s ecinte and shsa',yr estate a'f daze-eraR1a ;a law. le inm ehmde, ref ha v:? gvod.ri Qeiil pewee lawful aatheritr S to gin'rt, htr (n, cell and ek vsy the a'one s:t anreser and was rte &Worm rid, are that tie, aura a.s free and clear I free alt fear and tither genie, bnrgeSauo, asia:ct li*sr!r. .s s ne± un tr and sung ::subs so: -Dii nervy Lind or rsfcasverrxaraa. Except er'lati on r, restrictions„ :_.se teni•s and way of .i er ord and nxccpt a ncummbrancati i if i, riy . . 4. sad tie there beau atmd e -et eat.. a the ,asist eel ip acerble po=steins of the acrd poet ies cf :lm: sensed part, their tvnire rsen e,eai_tr,» sir,« �fl R 7 r _ sap -n. :w _ _ Fes^- f�t�� _a w 4.i n YvnVpt or any part thereof, Ow maid parties of the first part shell aid will WARRANT AND POEN= DEPEND. r,N WITNESS WHEREOF, *b. cold part lee of the first part ha Ye Lserewuto wt the.LLI { s abedsass the day and Yearfirstabove wri en. 1 /.2 (SEAL) STATE OP COLORADO, pfm O,IsaL fir �, . .]nice LFZL'rar1en. .�7 I'3 t Mound before ern iA � 13r o r Hans is a Mari yn Eichner, Dare Edward Eicttner •� an attics• c�ltar. , ley onserei esian septets en,,r-rrO /1, /tJZ .19 . Witness my hand and official aaL rr raata. MAtaAtna dataOa- ire ri daaneW n.a d • srs4MV platting Or. iMtdt Ord Orr . Owner. O+ta.,Ja -a.,, and State o: oaas DOOK 952 N,cv,,ttott No, _ 17.10 2 a -1 Wakf prtrjray, Caarorh •r Horut,dedat ' V ',.,1"h A Y.. NOV 8 1981 4 TIIISDb E1 Mad..tlu. 30th dny..r October RECORDERS STASH' 1!•, �2,I.etw.•rn liCWARD H. ,.ICHtiflt and MARILYN S. of the Count y ttf Colorado. of the h rat part. and VINCENT A. ALEXIS, JR. and ILr. Ci ARLENE ALEXIS whose legal address is Weld 1311111 Buchanan Street Commerce City, Colorado 80022 of the County el Adams and State of Colorado. of the seeon I part: IN ITN E ssEI'li. t hat t he said part fez of the first part. for and in cor. -Aeration of the sun: of ..I ONE HUNDRED SIXTY S2X THOUSAND FIVE HUNDRED AND i:C: --'•S —Dou ‘. '5' Ns to the said part ies..f the first part in hand paid by t he said parties of the second part, t be receipt whereof its he r err confessed and acknowledged. ha ye granted, bargained. told and cenveyed, and by three presents do [rant, ha rgain. sell, convey and confirm ur.t•, the said parties ado. second pat t.the:r heirs and assigns for -even net In 1,1.. tenancy in rum most lout in joint tenancy, allt he following described lot or parcel of land. situate, tying and heir -gin V the County of Weld and State of f .,lorzd•., t...A.: State Docernmsary Dca„ IIOY 8 1981 T. (-71\ {see attachment) also known as street and number Vacant Land TOGETHER with all and singular the hereditaments and appurtenances :hereunto b,Aommag_ aw ane.aaP appertaining, t he reversion and reversions. remainder and remainders. rent..sssues and profits !berme a milder estate, right, title, interest. claim and demand whatsoever of the said partieg of the first part. ether in rawer equity, of, in and to the above bargained premises, with the he reditamrnts and appor:enanee•s. TO HAVE AND TO HOLD the said premises above bargained and des,nbed. aim the apps rieraa'e r s- seto tt;,r said parties of the second part, their heirs and assigns forever. And the said part ie5 of for first free_ 1<.a- " ark yea theirheirs. executors. and administrators do c..vrnant, grant_ hatratn and a[rerte•atad rrhthe said parties of the second part, their heirs and assigns, that at the tame of the muse -ahem and drleeeTF se diem. presents they artVell seised ,:f the premises above conveyed. as of good. sure. perkert. aheolatt+rd andt4ea deli catate of inheritance, in law, in fee simple, and ha ye good right, full power and :awful authority todranat i tzaa'. sell and convey the sumo in mariner and form .aforesaid. and that the same are free sad ensue tram a! farsaee said other grant lip bKilo inclimb. aliens. taxes. assessment and encumbrances ofwhairier►rndwerattans Morser. as= FOR taxer and artceeamentn for 1981 and n:1 !'r. turf! year 1t; `r j TO rr-iient �? recorded in Book 86 at Page 27?; Right or Way recarde3 :a ...o 608 at tare tics �. fiZ; �.1 No. 1620075; Rl.eervnr,ion in Deed recur:c" in B4: 208 at ?ate -� 4r43 C44 • and the above bargained prelnlrea in the 1.1111 and p..aernt.le p.....•s.,on wf the said tarilw.of the ,w<wad Mast t►.wr heirs and assigns. Birk Mal all NMI 01'00' par*nn ur per eon lawf.r;15 rfalmthl.,r la. tateataa.wts.h• -yawl Stain s1rMwA, till. RNIdpart ie0 uflhvfuralputi"hnllmid will WA1RRANTASitut11E.EJii1FP\tl IN WITNESS WHEREOF the •aul part len of the first part hrf.'e lntratst...tea'-hi Ilarrfi emit seal a I Iii' ulai arid peal' (ii ti ah,,vi' 'tIili'uI, rtdnllh.,I .,• ��eip Ali-¢Rrf��/ 41 4..#11.1 *lease rllnnlliollva„ ,,n•nnf Ids:* R: NTR *lease r�etfflydf:�i 111 Hook 'f(f'f, 1lracfpla'silt's All; 13= No. 1:709360; STATE lii'I•lll,nllniiii I:uurtlyor dt'ffeu'lrlll i1i:lE'ARK • k Unlit rantwtt a as ae1'niN Isatged u.,1 -.1'e Iwo 11th 7tit 1, 4,4'4 .M1.. xd' mfr 11. 1iICi1NT:lt AND I..ht Vli t. F1'•'lllil'+N Y r hI 61 , Y1 ttwrc. tag tt %ri +►w.i ntf'sroal soot t7plr" Decomhrr . 6h C:01 -',„..\441 . cr 110003 1' t r. \ 17i hti a*1, Fl Mt Olvirltira ii, T"Prt3-xyta ra. rw.•aw.u.. OR colt, Na. Nil, N.Lka 1\T1 I{Itt'.tt 1a Jatat meats'. aNt..ariaasasa Ittottswvw54voos5.4,+, t=a^e^a, Vi r -. °"u„' '' ow' r w4 A .4 BooK.9__? REC1 EON 1874©62 .: tract cal land hein;t the irl•rthk.3Ft clu.krh 'r .,:.d the East 4i::.50 feet of the Northwest quarter of S0Ci ioL 3:i, Tok:r.:hip 1 North. Range E5 Vest of thv Sixth PrineI.ipl :•le:•idi::h, ::i.:re particularly desc:r:hed as follows: hc•,n,inning at the Northeast quarti:r to bear South 110`2;'(]0" East with all other hearings contained herein being relative thereto; t::f_.n••:e South 0D° 24'(10" East, 2659.66 feel to the East quarter conker of _.:_? Section 33; thence South B9°50'50" West 2640.22 feet to the center of said Section 33; thence South S9°50'50" ricst, `-:._.50 feet alcr_f the South line of the Northwest quarter nI said Sec:i in. 13; t`,_ nre ::..Erin (10`20'39" West, 2651.7? feet to a pc1:.on the ... _ ... :1;-c c N,rthwest quarter; thence North 89°::1'31" East. Ll2.50 feet t quarter corner of said Section 33; thence North 8.9`'!.1'43" _. _ j .:' :e== to elk% ?tint of Beginning, County of Weld, Spa; e i:r . �r:.a• foo t �n;re Together with :3 foot widr k:.t:; unL . .. Si �_::[ ess _a.a..i_(:C 1= the Northwest quarter of sold Sect ion :;•: des=r ir. f. i-o .: Cnmaellcing at the North quarter of said Sec: io.: 3„ effete Sou:; _ . _ 3=+"• West, 412.50 feet; thence :,rii:ii !hfi'20'1- 0.,_ _•_c: tc _ __:.._ on the South ]fine of the ]'ch;vet liudsc: Co::: sa _... being the Tree -f t ' :9" Ens:. 3r Point of I]E14i.nning;• thence South {» ..r ..:SL 5 7.}-! :FCL; thence North 84°03'12" West. 108.94 feet: thence North �51.15 West_ i1 -.5i feet to a point on the South r:glhi of ., line c. :sere ocnt_:' i:ca No - 4; thence North 89'41'36" List, 79.36 3f fee: a:v:4 the volt?: rieht of say line of said County Road to a r.oint on the Sr-.uth lira-, of the Denver 'cudscn Canal; thence aluni4 said South lino ui the Len..er__;.ise_ai Sr the ]Jilewinc two courses: South 51.°15'03" East. 38.1(6 feet; South fi4°f13'12" East, 88.7; fee: to the: 1: -ilk :1'.: .....,,. County of Weld, State of Colnrad c:. C AR2174S09 B 1227 REC 02174509 03/27/89 14:59 $3.00 1/004 F 1774 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO STATE OF COLORADO ) 1 ss. CoDNTY OP ADAMS 1 In the matter of the title to real property in joint tenancy, rkip�a�f , being first duly sworn upon oath, deaposes and says, that he is aE legal age and has peronsal kl.owledge of the fact that "ircent Antnony Alexia Jr. is one and the same person as Vincent A. Alexis ,Jr. who last resided at 13441 Buchanan Rd. Co coerce City Colorado. 80022 and did in fact die at -n d ecti on the 3rd day cl Septeanber , 19 87 and who was in fact owner in joint tenancy with T1m_r'herlenA Alexis of the following described real property located in the County of and the State of Colorado, to wits All that part of the NE1/4 of Section 33, Township 1 North, Range 63 West of the 6th P.M., lying North and East cf the Northeasterly Right -of -Way of the Denver Hudson Canal, County of Weld, State of Colorado. And that he has no record interest in Suscribed and sworn to before me thise� I SIB My ce% expires: (clitewitiAGAI AfIrrA t con Rl Vii; MY Commission expires August 7.7. 19P4 L27 7 day of ih4,411_1_, 19 s)? . lkotak / • ir)/1 Notary Pub l YOO Addre e & 'vi, .e11 soxa AR22t1t523 B 1255 ' 02204523 02/05/90 11:53 1110 1/002 F 0663 r.-0DE ANN FEDERSTEIN CLERK & RECORDER ._LD COr CO WARRANTY DEED THIS DEED. Made this 1ST day of PEBRUARY IL) 90 , hoween ILA CHARLENE ALEXIS of me "County of ADAMS and Starr of t.'otnrudn. graatr. and JOHN BRASSINGTON AND JIHETTA BRASS INGTON 6081 E. 68th AVE. COMMERCE CITY, whom: legal a+tdn.s is COLORADO 80022 of tlae County of ADAMS and Slate of Cohnado, grantees: war,: liss. that the grantor, for and in consideration of the sum of ONE HUNDRED TWENTY ONE THOUSAND FTViE HUNDRED FIFTY AND 00/I00 ***($I2I,55Q.00)*** DOLLARS. the receipt and sufficiency of which Is hereby acknowledged, law granted, bargained. sold and conveyed. and by these presents does grant. bargain. sell, convey and confirm unto the grantees. their heirs and assigns foxver, not in tenancy in cstmntat but in joint tenancy, aft the real property. together with improvements. if any, situate. lying anti being in the County of , WELD and State of Colorado. described us follows: SEE EXHIBIT "A" FOR LEGAL DESCRIPTION fl.ic L°..Inctl.: ryy Fee e:..to .... ff..: O. ...... ` t THE PRICE TO INCLUDE MINERAL AND WATER RIGHTS IF OWNED BY THE SEIZE also known by street and number .% VACANT LAND, COLORADO TUtimma with alt and singular the henalltantetrts and.ppurtenwnaes thereunto belonging. or In anywise appertaining and the revanton and reversions. remainder and temainders, rents. Wives and profits thereof, and alt the estate, right. title. interest, claim and demand whatsoever of the grantor, either in law or equity. of. in and us the above bargained premises. with the heteditametus and appurtenances. CO HAVE AND TO HOLD the said premises above bargained and deseribed, with the appurtenances. unto the grantees , their heirs I. and ass' gns forever. And the grantor, rnr hinsret: his helm and personal representatives. does covenant. grant. bargain and agree to and !' with 11w grantees. their heirs and assigns, that at the ante of the ensealing Ind delivery of these presents. he is well seized of the premises above conveyed. has good. sure. perfect. absolute am) indefeasible estate of inheritance in law. itt is: simple, and has good right. fbil power end lawful authority to grunt, bargain, sell and convey the same in manner and form utonsaid. and that the same are free laid clear from all runner and other grunts, bargains, sates, liens, taxes. assessments. encumbrances and restrictions of whatever kind or nature soever.except TEE GENERAL REAL ESTATE TAXES AND ASSESSMENTS FOR 1990 AND SUBSEQUENT YEARS;EXCEPT RESERVATIONS, RESTRICTIONS, EASEMENTS AND RIGHTS OF WAY OF RECORD IF ANY. The grantor shall and will WARRANT AND IIOREVER DEPEND the above -bargained premises In the quiet and peaceable posses thin of the gruntees, their heirs and assigns. against all and every parson or persons lawfully claiming the whole or any part d therms'. I , The singstar number shalt include the plural. the plural the singular. and the use of any gender shall be applicable to all genders. IN WITNESS WIIEREOI1 the grantor has executed this deed on the date set fajrtts above., / I' STATE Ui COLORADO County of Alums The rnregoing instrument was acknowledged before me this by ILA CHARLENE ALEXIS "If is Denver, Insert' City and," 1%J. 1ST Witness, my hod aad anklet set. My Commission espt,et AUGUST 27 1113 10TH AVENUE GREELEY, COLORADO 80631 day of FEBRUARY .19 90 be 93 No, 9211. Rev. 3.95. WARRANTY BRED in 1e111t7lrmett 11+4%14 I'.H1,.M,.1. 1745 .W M" x41„ Mew', CO 14121: ••- IS)); 394.2501. • 544 B 1255 REc 02204523 02/05/90 11:53 ,*10.0u 2/002 F 0664 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO EXHIBIT "A" covering the Land in the State of Colorado, County of Weld. Described all All that part of the NE1/4 and all that part of the East 412.50 feet of the NW1/4 of Section 33, Township 1 North, Range 65 Wart of the 6th P.M., lying South and West of the southeasterly right of way of the Denver Hudson Canal. TOGETHER WITH a 50 foot wide easenent for ingress and egress located in the NW1/4 of said Section 33, described as follows: COMMENCING at the North quarter of said Section 33; thence S89'41'36"w, 412.50 feet; thence S00'20'19"B, 63.70 feet to a point on the South line of the Denver Hudson Canal, said point being the TRUE POINT OF BEGINNING; thence S00'20'19"8, 50.30 feet; thence N64'03'12"W 108.94 feet; thence N51'15'03"W, 114.50 feet to a point on the South right of way line of Weld County Road No. 4; thence N89'41'36'E, 79.36 feet along the South right of way line of said County Road to a point on the South line of the Denver Hudson Canal; thence along said South line of the Denver Hudson Canal by the following two courses; 851'15'03"8, 38.16 feet; S84'03'12"E, 86.71 feet to the TRUE POINT OF BEGINNING, County of Weld, State of Colorado. 111111111111 11111! 1111 11!111 liii 1111111111 VIII IIII IIII 3676673 02/18/2010 10:08A Weld County, CO 1 of 5 R 26.00 D 0.00 Steve Moreno Clerk & Recorder EASEMENT AGREEMENT This Agreement, dated January , 2010, is made by Howard H. Eichner and Marilyn M. Eichner (together, "Eichner"), and John Brassington and Jimetta Brassington (together, "Brassington"). RECITALS A. Eichner is the owner of real property in Weld County, Colorado, more fully described on Exhibit A attached to this Agreement (the "Eichner Property_"). B. Brassington is the owner of real property in Weld County, Colorado, more fully described on Exhibit B attached to this Agreement (the "Brassington Property"), which is contiguous to the Eichner Property. C. The Eichner Property includes a roadway more fully described in Exhibit C attached to this Agreement (the "Rgad"), providing access across the Eichner property from the public road commonly known as County Road No. 4, to the Brassington Property. D. Eichner intends to grant lrassington an easement on, over, under and across the Road as provided below. AGREEMENT For good and valuable consideration, the exchange, receipt and sufficiency of which are hereby acknowledged, Eichner and Brassington make the following agreements and covenants: 1. Grant. Eichner grants to Brassington and to the heirs, devisees, personal representatives, successors and assigns of Brassington, a perpetual easement on, over, under and across the Road for (1) ingress and egress of pedestrians, vehicles and equipment, and (ii) the installation, maintenance, repair, replacement and relocation of utilities. 2. Relocation of Previously Cranted. The easement docutnented by this Agreement relocates the boundaries of the easement for ingress and egress acquired by Brassington pursuant to the Warranty Deed recorded February 5, 1990 in Book 1265, Reception No. 02204523, in the office of the Clerk and Recorder of Weld County, Colorado. 3. Subsequent Owners. The easement granted in this Agreement is an appurtenance to the Brassington Property and may not be assigned or transferred except as an appurtenance to the Brassington Property. 4. Running,of Benefits and Burdens. All provisions of this Agreement, including the benefits and burdens, run with the land and are binding upon and inure to the benefit of the heirs, devisees, personal representatives, successors and assigns of the parties to this Agreement Without limiting the generality of the foregoing, the easement for the Road shall be available in accordance with this Agreement for use, not only by Brassington, but by any party who may become the owner of all or any part of the Brassington Property in the future. BUS_RE128707112 11111111111111111'1111111111111111111111111111111111 3676673 02/18/ ..d 10:08A Weld County, CO 2 of 5 R 26.00 D 0.00 Steve Moreno Clerk & Recorder 5. Counterparts. This Agreement may be executed in counterparts which, taken together, will evidence the agreement of all the parties signing below. 6. Choice of Law. This Agreement will be governed by the laws of the State of Colorado. Howard H. Eichner STATE OF COUNTY Ofglifiviitze )ss• e foregoing Easement Agreement s acknowled ed before me this 2010, by Howard H. Eichner. Witness my hand and official seal. My commission expires: - SEAL Notary Public STATE OF 61),524E)?-g_r 6 COUNTY OF 'ulhl�f7 The foregoing Easement Agreement was acknowledged before me this 9 _, `l day of �_ 2010, by Marilyn M. Eichner. day of ) ss. Witness my hand and official seal. My commission expires: j2 -14t-- 20 SEAL 2 Notary Public 1 111111 11111 111111 1111.1.11111111111111 111111111111 1111 3676673 02/18/2010 10:08A Weld County, CO 3 of 5 R 26.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT A EICTINER PROPERTY The North Half (N ;h) of Section 33, Township I North, Range 65 West of the 6th P.M., Except parcels conveyed by deeds recorded in: Book 513 Reception Number 1435001; Book 513 Reception Number 1435002; Book 663 Reception Number 1584555; Book 952 Reception Number 1874062; Weld County, Colorado. A-1 sus , szmi 12 111111111111111111 IIil liii::Ili 111111111111111 liii 1111 3675673 02/1812010 10:08A Weld County, CO 4 of 5 R 26.00 0 0.00 Steve Moreno Clerk & Recorder EXHIBIT B BRASSINGTON PROPERTY Coverin the Land in the State of Colorado, County of Weld, Described as: All that part of the NE1/4 and all that part of the East 412.50 feet of the NW1/4 of Section 33, Township 1 North, Range 65 West of the 6th P.M., lying South and West of the Southeasterly right of way of the Denver Hudson Canal. B-1 BUS RE.2I7o71I.2 11111111111111111111111...111111111110I1111111111O1 3676673 02118/2010 10:08A Weld County, CO 5 of 5 R 26.00 D 0.00 Steve Moreno Clerk & Recorder Swum 33. TIN, es5w. WON N NORTH 1/4 COMER '' COUNTY ROAD 4 / EASEMEINIFNER., EPEE �� REPLACEMENT,. SHAM, NON-- EKC9.UVE. INGRESS, EGRESS. ACCESS AND unity (0.225 AC.+/—) A EXHIBIT a OWNE 'HOWARD H. E1cII ER. MARTINS. EICHNER & TAMMY SIDE BRNAIC 589'3 '48-11 -- 412.50' DENVER -HUDSON CANAL 1., ..'~ -- ..... 5' OVINM "JOHN BRASSINGTON & .ETA BRASSINGTOW (REC. NO. 02204523, FEB. 05. 1990) I LEGAL DESCRIPTION REPLACEMENT. SHARED, RON-EXCLUSIVE, NGRESS, EGRESS, ACCESS AM) unity EASEMENT: THAT PART OF THE NORTIVIEST 1/4 OF SECTION 33. TOWNSHE2 1 NORTH. RANGE S5 WEST OF THE SIXTH FivaticiPAL MERCIAN, COUNTY OF WELD, STATE OF COLORADO, EIERi6 MORE PARTICULARLY DEAD AS FOLLOWS: 9ECtNMlG AT THE NORTH 1/4 CSR OF SAID SECTION 33; THENCE SOUTH 89"38'48" WEST ON AN AS5IIIED EEARNG &ONO TIE NORTI'ERLY 2.1E OF SAID NORTHWEST 1/4 OF SECTION 33 A DISTANCE OF 412.50 FEET; THENCE SOUTH 00'22'22' EAST A DISTANCE OF 70.00 FEET TO TIE TRUE POINT OF eEeaar,R THENCE CONTN JIG SOUTH O01Z'22' EAST A DISTAL OF 113.87 FEET; THENCE NORTH 45-00,91Yr WEST A DISTANCE OF 296.05 FEET TO THE Pik SOUTHERLY --OF--WAY LINE OF WELD COUNTY ROAD 4: THENCE NORTH 89'39'48` EAST PARALLEL WI AND 30 FEET SOUTHERLY OF SAID NORTHERLY LINE OF THE NORTHWEST 1/4 OF SECTION 33 A DISTANCE OF 84.36 FEET; THENCE SOUTH 450!0'00" EAST A DISTANCE OF 53.36 FEET; THENCE SOUTH 895"25'34" EAST A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF EE DING. CONTAINS: 0.225 ACRES MORE OR LESS. S ORIGINAL SCALE: _ 1oo' 0 50' 100' REPLACEMENT, SHARED, NON-EXCLUSIVE, INGRESS. EGRESS, ACCESS AND UTILITY EASEMENT, IN PART NW 1/4 SECTION 33, TIN, R65W, WELD COUNTY, COLORADO. ALPHA SURVEYING CO. P.O. BOX 392. 1010 a FILTON AVE.. FORT LUPTON , COLORADO 80021 PHONE: 3O3--857-2308 or (ALL / TEXT MSG.: 303-550-3374, FAXI 303-6557-0707. E —AWLS AI.PHiASURVEY*NGOAOI__COM PAM D:\331NSJBACCEX8I.VCD CONTACT: J_ BRASSINGTOH REVISIONS 1 OY DATE DM RC/JO SCALE: f= 1091 retie 1PC DATE, DEC. 04. 2009 SM: DC FXE NO. 33 -1N5 —OS Hello