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E3 z 7E1oi €-E r W IWilp C DEPARTMENT OF PLANNING SERVICES SUBDIVISION EXEMPTION COLORADO ADMINISTRATIVE REVIEW Applicant: Cecil and Shirley Howard Case Number: SE-1121 Request: Subdivision Exemption in Conjunction with Recorded Exemption No. 4717. Legal Description: S2 SW4 Section 18, Township 5 North, Range 64 West of the 61h P.M. Weld County, CO Parcel Number: 0963 18 000006 Parcel size: 80 +/- acres Planner: H. Hippely Criteria Checklist Meets Criteria Yes No NA X 1. The proposal is consistent with the policies of Chapter 22 of the Weld County Code. X 2. The boundary change or temporary use location which would be allowed on the subject property by granting the request will be compatible with the surrounding land uses. X 3. In those instances when used pursuant to 24-8-30.A.1 of the Weld County Code, the request is the best alternative to dispose of existing improvements in conjunction with the companion Recorded Exemption. X 4. A lot being created for the purpose of financing will not result in the creation of a lot to be sold, shall be at least one acre in size, and will no longer exist upon termination of the financing arrangements. Approved With Conditions The Subdivision Exemption is approved in accordance with information submitted in the application and the policies of Weld County. The Department of Planning Services has determined through its review that the standards of Section 24-8-40 of the Weld County Code have been met. 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. Septic permit number SP-0000006 is associated with the home on the proposed SE lot addressed as 24095 Hwy 34. All septic systems must be located on their respective lots and meet all lot line set back requirements. 2. Topographic or physical features of the proposed lot, such as ravines, ditches, streams etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. '7- .3995 • 3. Prior to recording the plat: Aio The plat shall be titled: Subdivision Exemption No. 1121. B. The SE lot and Lot A of RE-4717 shall share an access, no circle drives or additional accesses shall be granted. The existing access road serving the house on the proposed SE lot shall be located on the SE lot. A 30 foot wide and 100 feet long joint access and utility easement, for the benefit of Lot A of RE-4717, shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.E. +¢' County Road 49 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. There is presently zero feet of right-of- way. A total of 70 feet from the centerline of County Road 49 shall be delineated on the plat as future right-of-way for County Road 49. This road is maintained by Weld County. e./ County Road 49.5 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full build out. There is presently sixty feet of right-of- way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way shall be noted on the plat. This road is maintained by Weld County. f{/ The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to State Highways. Please contact CDOT to verify the access permit or for any additional requirements that may be needed to obtain or upgrade an access permit for the access used by the Subdivision Exemption Lot and Lot A of RE-4717. The referral received from CDOT indicates that the access to State Highway 34 shall be allowed to serve only two dwellings. F. The applicant shall provide to the Weld County Department of Planning Services a copy of the access permit issued by the Colorado Department of Transportation (CDOT)which grants access to State Highway 34, or written evidence that the applicant has complied with the requirements of the Colorado Department of Transportation (CDOT). The access permit number shall be shown on the plat. As an alternative the Subdivision Exemption lot may create a new access to County Road 49 instead of using the existing access to State Highway 34. If this option is chosen, in addition to the Iv 70 foot future County Road 49 right of way shown on the plat, the applicant shall dedicate 30 feet from the center line for County Road 49 right of way. Right of way cannot be dedicated on an recorded exemption plat so it shall be dedicated separately. The dedication documents shall be recorded with the Weld County Clerk and Recorded and be referenced on the plat with a reception number. The applicant shall then complete a Nonexclusive License Agreement for the upgrade and maintenance of County Road 49 right-of-way. This agreement shall also be referenced on the plat with a reception number. The applicant shall complete a Nonexclusive License Agreement for the upgrade and maintenance N' of County Road 49 right-of-way. There is a $150 fee for the fabrication and installation of blue and white cross road signs identifying the section line road intersection for the use of addressing and emergency response. The blue and white signs identify a non-maintained County right-of-way. Distance and location from the nearest county road may require additional information signs. The fee for the sign designating the access as a non-maintained county right-of-way shall be paid to the Department of Public Works and the sign shall be installed prior to recording the plat. If existing signs are in place, the fee and installation may be waived by the Department of Public Works. Evidence of such shall be submitted to the Department of Planning Services. /Y. Should the applicant choose to create a new access to County Road 49 the existing access for the �n/ Subdivision Exemption lot to State Highway 34 shall be permanently closed. In this case an f tP easement across Lot A of RE-4717 shall not be shown. /�d" The Subdivision Exemption Lot shall comply with the one (1) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. The Subdivision Exemption Lot shall comply with the less than thirty-five (35) acre maximum lot size required by Section 24-8-10.B of the Weld County Code. L. The application materials indicate that the single family structure currently being stored on beams on the proposed SE lot is to be permanently located on the property and a Use By Special Review permit obtained to allow the proposed second home. The applicant shall obtain a pre-move inspection by the Building Department and apply for a building permit to set the structure permanently. M/ Any existing oil and gas facilities located on the property shall be delineated on the plat along with their respective setback radii in accordance with section 23-3-50.E of the Weld County Code. 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. 6K/ The following notes shall be placed on the plat: This Subdivision Exemption was approved in conjunction with Recorded Exemption # 4717 for the purpose of dividing off a second set of existing residential improvements from the parcel. 2j All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right- of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B. E, F, H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. Any future structures or uses on site must obtain the appropriate zoning and building permits. g� Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that the lot has an adequate water supply of sufficient quality, quantity and dependability. 5) 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 Subdivision Exemption number. 6) Prior to the release of building permits for any structure exceeding 3,600 square feet, the applicant must comply with the requirements of Appendix III-A of the International Fire Code. 7) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 8) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29-1-20 and Section 29-3-20.B.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 9) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) 10) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8) 11) Potential Purchasers are hereby notified that a confined animal feeding operation is located directly northwest of the intersection of Weld County Roads 47.5 and Highway 34. Off-site impacts that may be encountered include noise from trucks, tractors and equipment; dust from ani al pens and odors from animal confinement, silage, and manure. A ,t(x,vr /1,ati . 12) The property owner acknowledges that mineral owners and lessees have real property interests that entitle them to surface use in accordance with Colorado State Statutes and applicable Colorado Oil and Gas Conservation Commission regulations. 13) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, ranking fifth 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 longstanding 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 area: 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 41 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; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. 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. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 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. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. 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. Children 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 present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. 4. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. 5. The plat for SE-1121 shall be recorded concurrently with the plat for RE-4717. 6. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Subdivision 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 maps(ctDco.weld.co.us. • • 7. The Weld County Department of Planning Staffs approval of this Subdivision Exemption is based upon satisfying the above conditions. 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 Board of County Commissioners with a recommendation for denial. By Date: 12/5/2007 Han Hippely¢• nner rII � . iii / 0 Plat Checklist POC Planner Item Comments Check Check 24"x 36" or 18"x 24"/Minimum 3 millimeter polyester sheet ( �, Proper size and material P Y Lettering No stick-on lettering / Minimum 8 pt. lettering c .._,/ Boundaries of Lots LA-F="O- LOT Pr L. I.Ivr A- i*RT < V Scale Suitable Scale?(1"=200'or 1"=100') ✓ Accesses indicated , Shared Access?If so,is easement Certificate included? C= Roads labeled,including R.O.W Building Envelope(s) I '.----' F Vicinity Map Suitable Scale?(Minimum 1" =2000') ✓ North Arrow Legal Description I Notes from Planner/ Development Standards Conditions of Approval Fi,Ci S(2-e v L— .ed an lua449 -pern-r7/1-1616'1.---H /iuru M — fetY45 ,i -r c 1—✓ _ Owner's Certificate Notarial Certificate included? All owners must sign the plat, �/ check the deed. Surveyor's Certificate and All surveyed plats ,,.--- Surveyor's Stamp Note: USR plats do not need to be surveyed Director of Planning Notarial Certificate included? (RE, SE,SPR,Final PUD if Certificate Staff Approved) Planning Commission (USR,COZ,Minor Sub.Final) Certificate X Board Certificate (USR, COZ„Minor Sub Final) - - \' (Final PUD,RE,SE&ZPMH if Board approved) Typical Road Cross Section (COZ,Final Minor Sub. and Final PUD) Easements Please return the plat to the CAD Technician within 24 hours of receiving the plat. Planner on Call: (Initials) Planner Signature: Date: _— WELD COUNTY,COLORADO DEPARTMENT OF PLANNING SERVICES 918 10T" STREET GREELEY, CO 80631 PHONE: 970-353-6100, EXT.3540/FAX: 970-304-6498 Date: 20O Receipt No.1 4 1 83 Received From: • Permit Type No. Description Fee 4221-RE/SE 2/0/416-g'/ //56). °D 4221-ZPMH 14221-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. DCASH IdCHECK NO.42 qV TOTAL FEE Receipted By: DL# _- Exp. 1 WELD COUNTY,COLORADO DEPARTMENT OF PLANNING SERVICES 918 10114 STREET GREELEY, CO 80631 HONE: 970-353-6100, EXT.3540/FAX: 970-304-6498 Date: / 200 Receipt N$ 14 712 Received From: ( I( ( / / fr C, ( t I Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-FHDP/GHDP .. 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE U Z_/ 117 MISC. 1_. 1O / /1.6 di r :f- ❑CASH CHECK NO. 6 n TOTAL FEE Receipted By: L., t4t Exp. • • FIELD CHECK Inspection Date: APPLICANT: Cecil and Shirley Howard CASE #: SE-1121 REQUEST: Subdivision exemption in conjunction with a recorded exemption LEGAL: S2 SW4 Section 18, Township 5 North, Range 64 West of the 6th P.M. Weld County, Colorado LOCATION: West of and adjacent County Road 49.5 and north of and adjacent to State Highway$7j i PARCEL ID #: 0963 18 000006 ACRES: 80 +/- Zoning Land Use N N A S Ar S izerym, C'orn/ems W � W Comments: /1 hi M ,tifrti e-14-- 4 1 nj Z it Il kYl o1 %o 2 •• �0/1 zati s n.ta ' SI Hannah Hippely, Pla r ❑ House(s) o Derelict Vehicles ❑ Outbuilding(s) o Non-commercial junkyard (list components) ❑ Access to Property ❑ Irrigation Sprinkler ❑ Crop Productions o Crops ❑ Site Distance ❑ Wetlands o Mobile Home(s) o Oil & Gas Structures o Other Animals On-Site ❑ Wildlife o Water Bodies o Utilities On-Site (transmission lines) ❑ Ditch ❑ Topography Note any commercial business/commercial vehicles that are operating from the site. • DEPARTMENT OF PLANNING SERVICES 0 Planning Division NORTH OFFICE 918 10TH Street GREELEY, CO 80631631 www.co.weld.co.us DPHONE: (970) 353-6100, Ext. 3540 C. FAX: (970) 304-6498 COLORADO September 26, 2007 Cecil & Shirley Howard 27249 CR 49.5 Greeley CO 80631 Subject: SE-1121 -A Subdivision Exemption located on a parcel of land described as S2 SW4 Section 18, T5N, R64W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your subdivision 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 subdivision exemption is approved. If the staff determines that the application does not meet the approval criteria or if staff has concerns with the application, staff may elect to forward the application for review to the Board of County Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. If you have any questions concerning this matter, please call me. Sincer - �� Hannah Hippely Planner 44ft4ini Elk APPLICATION FLOW SHEET COLORADO APPLICANT: Cecil and Shirley Howard CASE #: SE-1121 REQUEST: Subdivision exemption in conjunction with a recorded exemption LEGAL: S2 SW4 Section 18, Township 5 North, Range 64 West of the 6th P.M. Weld County, Colorado LOCATION: West of and adjacent County Road 49.5 and north of and adjacent to State Highway OM. PARCEL ID#: 0963 18 000006 ACRES: 80 +/- Date By Application Received 9/24/2007 1111 HH Application Completed 9/24/2007 HH Referrals listed 9/25/2007 HH Vicinity map prepared 9/25/2007 File assembled (1(9,(0-7 K1 Case logged in computer Letter to applicant mailed Referrals mailed Field check by DPS staff rr Administrative Review decision:, AI'(LA ;_' at OW Board of County Commissioners hearing(if applicable) Date By County Commissioners Hearing Date Surrounding property owners notified Presentation prepared CC action: CC resolution received Date` Plat recorded and filed UO Overlay Districts Zoning Agricultural MUD Yes No_X IGA Yes No_X_ Airport Yes_X_ No Geologic Yes No_X_ Flood Hazard Yes No_X Panel # i • SUBDIVISION EXEMPTION (SE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: TYPE OF EXEMPTION REQUESTED (check one) 7 Property line adjustment Used with Recorded Exemption ❑ Financing Purposes ❑ Public Utility Facility Parcel Number O 4 6 3 . / 8 _ n . 0 C _ O O �P (12 digit number-found on Tax I.D.information,obtainable at the Weld Count//y Assessor's Office, or www.co.weld.co.us). Legal Description JEd -5�3c.J/ , Section /B , Township 3 North, Rangeh/West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes No Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes "-lco_ FEE OWNER(S) OFTHE PROPERTY: I Name: eeJ / 3A(// /44)11 Work Phone# Home Phone#cf-5z-0909 Email Address Address: 27 219 " R City/State/Zip Code G-rce ( O 8 0103 l l APPLICANT OR AUTHORIZED AGENT (See Below:Autho ation must accompany applications signed by Authorized Agent) /Name: Cto 4-. 5% :IL / rJarok Work Phone# Home Phone# 3-5-z-0,969 Email Address Z72 c/9 tJcR Ll4 Address: L City/State/Zip Code C-Cc e ( ) CO el 060.3 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. I (we), the undersigned hereby request the Department of Planning Services to review this Subdivision Exemption on the above described unincorporated area of Weld County. 9-z2 — a 7 )._4/1791 9-22-. lgnature' wner or Authorized Agent Date Signature: er or Authorized Agent Date -4- • • RECORDED EXEMPTION (RE) QUESTIONNAIRE 1. Water supply a. Domestic use: The existing residents (SE 595) located on the northern part of the parcel haws an existing well and the well permit number is 250105. This well permit is limited to fire protection, ordinary household use, can be used for three (3) single family dwellings, the watering of domestic animals and the irrigation of not more than one (1)acre of home gardens and lawns. See Well Permit Number 250105. At present, the two (2) existing dwellings located in the Southwest corner of the farm are supplied water by the Central Weld County Water District (CWCWD). These dwellings are on the same water meter, tap number 250, see attached letter from CWCWD. Additional water service is available for the proposed RE. b. Irrigation water that is available to the farm is in the form of two (2) shares of Lower Latham Ditch, two(2) shares of Lower Latham Reservoir and an irrigation well located in the Southwest corner of the farm. See Well Permit Number 11611 for additional information. 2. Means of Sewage disposal a. The principal residence located on SE 595, (27249 WCR 49 ''A, Greeley, CO), is on a private septic system, Septic Permit # G-920092, see attached Septic Permit, b. The existing residence (labor home) located 200 feet north of HWY 34, (24095 E Hwy 34, Greeley, CO), is on a private septic system, Septic Permit # SP-0000006, see attached Septic Permit. c. The existing residence (labor home) located north of HWY 34, (24081 E Hwy 34, Greeley, CO), is on a private septic system. This system was installed in the early 1970's. A work order for pumping of the tank states that the tank size (amount pumped) is 1000 gallons. With information that is available form the owner, the septic field consists of three (3)trenches, length to be verified. 3. The existing property zoning is Ag. and is farmed with row crops. At present there are three (3) homes located on the parcel. The principal residence is located on SE 595, (27249 WCR 49 '/x, Greeley, CO) and is located in the northern half of the parcel, see attached Weld County GIS map. Two(2) labor homes exist on the property, 24095 E Hwy 34, Greeley, CO and 24081 E Hwy 34, Greeley, CO. A third labor home is proposed. The two (2) existing labor homes and the proposed labor home are/will be located in the Southwest corner of the parcel. To bring the parcel into compliance with the Weld County Code, a three (3) step process will be required. Step one will be a 2 Lot RE, this will create a lot for the house located at 24081 E Hwy 34, Greeley, CO. Step two will be an SE for the house located at 24095 E Hwy 34, Greeley, CO. Step three will be a USR for the proposed house. An existing pole barn exists on the parcel and is located in the Southwest corner of the parcel. The corrals that are present with the pole barn will accommodate about five head of livestock. Gas and oil facilities exist in the Southwest corner of the parcel, see attached drawings for the location of well head and tank battery. 4. In step one Recorded Exemption, lot A would be created on the South line of the parcel, see attached drawing, for 24081 E Hwy 34, Greeley, CO. The proposed lot size is 1.00 Acres. Step two, will be the creation of a second SE on the parcel, the SE would create a lot size of 2.917 Acers. Step three, will be the USR on the SE parcel, this would be done to allow the placement of the proposed house. This house would be located on the Western portion of the SE. 5. The existing unique physical feature on the site is the Lower Latham Ditch that is located along the East side of the parcel, I.E. along WCR#49.5. 6. See responses#3 and#4. 7. There is no Business or Use by Special Review on this parcel. There is an existing SE located on the Northern side of the parcel with an area of 5 Acres. (51e \ • DEPARTM•T OF PLANNING SERVICES Planning Division NORTH OFFICE 918 10T" Street GREELEY, CO 80631 e-mail: kogle@co.weld.co.us PHONE: (970) 353-6100, Ext. 3549 � FAX: (970)304-6498 COLORADO 0 - m _ jop March 9, 2007 Jay Freese Freese Engineering 217 East 18th Street Greeley, Colorado 80631-6020 • Subject: Cecil & Shirley Howard property Legal: S2 SW4 Section 18, T5N, R64W Situs: 27249 County Road 49.5 Dear Jay: The Department of Planning Services has reviewed your inquiry of the Howard property located north of and adjacent to State Highway 34 and west of and adjacent to County Road 49.5. Staff conducted extensive property research into the existing conditions of the property and determined the following: Wit There are four existing residential structures on the property, one of which is located on a Subdivision Exemption that was approved in 1996 for the purpose of Financing, only. Planning staff does not consider this a separate legal parcel. There are two farm labor houses constructed prior to 1940, with the third structure permitted as an accessory dwelling, ZPAD. Staff is of the understanding that all structures located on site are served by Central Weld County Water District and have I.S.D.S. sanitary systems. Per your previous statements, all structures are habitable and are not currently vacant. Your client requested confirmation of whether an additional habitable residential structure may be moved to the property given the scenario outlined above. Staff determined that Mr. Howard is eligible to apply for three separate land use applications, thus enabling him to gain one additional dwelling. To facilitate this proposal, staff suggests that a Recorded Exemption in conjunction with a Subdivision Exemption to divide off a second set of improvements be the first application. These two applications will address the placement of the principle dwelling (on SE for Financing Lot) and the ZPAD on the same parcel. This is a requirement of the ZPAD-60 approval and will be identified as Lot B of the RE. The smaller Lot A associated with the first RE will divide off one of the two Farm Labor houses. This parcel is required by Code to support the water and sanitary taps for each residence. The SE to divide off a second set of improvements addresses the second Farm Labor house. Minimum lot size with Central Weld County Water District potable water and an I.S.D.S. sanitary system is one acre net. Should the water be obtained from an on-site well, the minimum lot size is 2.5 acres net. Lot A of the Recorded Exemption is also required to meet this water and sanitary criteria; however, this parcel also is required to be of a size that will allow for an additional residence. The second residence on Lot A will also accommodate a second dwelling under current Code. This action is accomplished through a Site Specific Development Permit and Use by Special Review application. In the Agricultural Zone District, a second residence is permitted on a parcel via approval of this land use permit by the Board of County Commissioners. In addition to gaining support and approval for each of the referenced land use applications, staff and referral agencies will demand compliance with current Federal, State, and County rules and regulations. For instance, each parcel will have its own source of water. Water taps may not be shared. This also holds true for sanitary sewer systems. One house one system, and located within the property boundary of each parcel. As each application opens the land and the encumbrances upon the land to scrutiny by referral agencies, there may be large issues to overcome and are not likely to be resolved here. Please note, the Colorado Department of Transportation may determine that a change of use will occur for the two existing access points to this parcel. As such, should you proceed with your project, the use or classification of these points of ingress and egress may change. Gloria Hice-Idler with CDOT will be able to provide comment on this issue. She may be reached at 970.350.2148. The land use applications described in this letter are available online through the County website: www.co.weld.co.us. , Select Planning and Zoning on the Left Side of the Screen, and step through the process. Additional information, questions or direction may be obtained from this office Monday- Thursday 7:30 -4:30 and by appointment, including Fridays. Thank you for your inquiry and staff is here to assist you in your planning endeavor. Sincerely, Kim O Planning Manager File: Property Research 18-5-64 H. Hippely, Planning B. Salzman,Code Compliance R'Iport Date: 08/20/2007 11:48AM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R4101086 ASSESSED TO: HOWARD CECIL& SHIRLEY 27249 COUNTY RD 49 1/2 GREELEY, CO 80631-9752 LEGAL DESCRIPTION: 9104 S2SW4 18 5 64 EXC 6.93 AC. TO BE TAKEN BY HWY DEPT DESC AS BEG SW COR SEC N0D11'E 120' N89D42'E 2516.11'TO E LN SW4 S0D27'E 120' TO S4 COR S89D42'W 2517.46'TO BEG (2.2R 4S) %24019 HWY 34% SITUS: 27249 49.5 CR WELD 00000 PARCEL: 096318000006 SITUS ADD: 27249 49.5 CR WELD TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2006 TAX 2,063.70 16.54 0.00 1,670.58 2006 SENIOR HOMESTEAD EXEMPTION 409.66 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 08/31/2007 0.00 ORIGINAL TAX BILLING FOR 2006 TAX DISTRICT 0738 - Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 16.804* 673.85 AGRICULTURAL 28,043 8,140 SCHOOL DIST RE7 17.469 700.50 AGRICULTURAL 5,719 1,660 NCW WATER 1.000 40.10 AGRICULTURAL 380,601 30,300 CCW WATER 0.550 22.05 CWC WATER 0.000 0.00 TOTAL 414,363 40,100 CCS WATER 3.221 129.16 PLATTE VALLEY FIRE 2.415 96.84 SR EXEMPT 100,000 7,960 AIMS JUNIOR COL 6.330 253.83 WELD LIBRARY 3.261 130.77 NET TOTAL 314,363 32,140 WEST GREELEY CONSERVATION 0.414 16.60 TAXES FOR 2006 51.464* 2,063.70 Credit Levy 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. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley, CO 80632 (970)353-3845 ext. 3290 • •ELD COUNTY TREASURER Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes, special assessments and prior tax liens currently due and payable connected with the parcel(s) identified therein have been paid in full. Signed . $0 () _ Date ORIGINAL TAX BILLING FOR 2006 TAX DISTRICI Oise- Authority Mill Levy Amount Values Actual Assesses WELD COUNTY 16.804* 673.85 AGRICULTURAL 28,043 8,140 SCHOOL DIST RE7 17.469 700.50 AGRICULTURAL 5,719 1,660 NCW WATER 1.000 40.10 AGRICULTURAL 380,601 30,300 CCW WATER 0.550 22.05 CWC WATER 0.000 0.00 TOTAL 414,363 40,100 CCS WATER 3.221 129.16 PLATTE VALLEY FIRE 2.415 96.84 SR EXEMPT 100,000 7,960 AIMS JUNIOR COL 6.330 253.83 WELD LIBRARY 3.261 130.77 NET TOTAL 314,363 32,140 WEST GREELEY CONSERVATION 0.414 16.60 TAXES FOR 2006 51.464* 2,063.70 * Credit Levy 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 W ILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley, CO 80632 (970) 353.3845 ext. 3290 REFERRAL LIST Name: Cecil &Shirley Howe it#: SE-1121 County Towns &Cities Fire Districts Attorney _Ault _Ault F-1 x Health Department _Berthoud _Berthoud F-2 _Extension Office _Brighton _Briggsdale F-24 _Emergency Mgt Office - Ed Herring _Dacono _Brighton F-3 _Sheriffs Office _Eaton _Eaton F-4 x Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans Galeton F-6 _Airport Authority _Firestone _Hudson F-7 _Building Inspection _Fort Lupton Johnstown F-8 _Code Compliance_S.-Ann_N-Beth _Frederick _LaSalle F-9 _Kim Ogle(Landscape Plans) _Garden City _Mountain View F-10 _Lin (Addressing Change of Zone) Gilcrest _Milliken F-11 _Ambulance Services _Greeley _Nunn F-12 _Grover _Pawnee F-22 State _Hudson _Platteville F-13 Div._ of Water Resources _Johnstown _Platte Valley F-14 _Geological Survey _Keenesburg _Poudre Valley F-15 Department of Health _Kersey _Raymer F-2 x Department of Transportation _LaSalle _Southeast Weld F-16 _Historical Society _Lochbuie _Union Colony F-20 _Water Conservation Board _Longmont _Wiggins F-18 _Oil &Gas Conservation Commission _Mead Windsor/Severance F-• _Milliken Division of Wildlife _New Raymer _South Hwy 66 (Loveland) _Northglenn _North Hwy 66 (Greeley) _Nunn _Division of Minerals/Geology _Pierce Commissioner _Platteville Soil Conservation Districts _Severance _Big Thompson/ FTC _Thornton _Boulder Valley/Longmont _Windsor _Brighton/SE Weld _Centennial Counties Greeley/West Greeley Adams _Platte Valley Boulder _ West Adams _Broomfield _ _Little Thompson _Larimer Federal Government Agencies Other US Army Corps of Engrs _School District RE- USDA-APHIS Vet Service _ _ Central Colo. Water Conservancy _Federal Aviation Admin (Structures _RR over 200 ft or w/in 20000 ft of Pub x Lower Latham Ditch Company Airport _Art Elmquist(MUD Area) _Federal Communications Comm _ • • 'lige Weld County Referral COLORADO September 26, 2007 The Weld County Department of Planning Services has received the following item for review: Applicant Cecil &Shirley Howard Case Number SE-1121 Please Reply By October 26, 2007 Planner Hannah Hippely Project Subdivision exemption in conjunction with a recorded exemption. Legal S2 SW4 Section 18, T5N, R64W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 49.5 and north of and adjacent to State Highway 34. For a more precise location, see legal. Parcel Number 0963 18 000006 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: Signature Agency Date +Weld County Planning Dept. 0918 10"Street, Greeley,CO.80631 +(970)353.6100 ext.3540 +(970)304-6498 fax i.. Kit • SEP 27 ?C07 Weld County Referral 'ilk COLORADO September 26, 2007 The Weld County Department of Planning Services has received the following item for review: Applicant Cecil & Shirley Howard Case Number SE-1121 Please Reply By October 26, 2007 Planner Hannah Hippely Project Subdivision exemption in conjunction with a recorded exemption. Legal S2 SW4 Section 18, T5N, R64W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 49.5 and north of and adjacent to State Highway 34. For a more precise location, see legal. Parcel Number 0963 18 000006 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 / la/Zq�� Agency Pug G✓aa G 1s Date +Weld County Planning Dept. +918 10th Street, Greeley, CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970)304-6497 Ji / Road File#: Date: RE# : J Other Case#: /t / 1. Applicant Name (� co ioc.30 rok Phone Address 241OIQ H jIit ay ;..31i/ City Wersev State ea Zip &9 2. Address or Location of Access �r Lo ea LI ea..--1 5 e e,. 5:Sc .5ke 6:c.4 he o`er Section /0 Township -5-N Range Z`/� Subdivision Al/A Block k/A Lot NA Co S. //.4).-/ / 35O + Weld County Road#: 3 /J Side of Road Iv Distance from nearest intersection 17 3. Is there an existing access to the property? Yes No #of Accesses 4. Proposed Use: ❑ Permanent ® Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other 5. Site Sketch Legend for Access Description: AG = Agricultural gc•E-G:. EC;5.'NS r) RES = Residential use Io' Act Rr , O&G = Oil&Gas o-t�C— D.R. = Ditch Road 0 = House al O = Shed 70` I I'cc' A = Proposed Access �� I / ,� E- A = Existing Access 2dfr. / �' �'e a II �l �r.s1.ry V NT I I�k-0 Di pP .ses 3 I 3f. &' 7[-OFFICE USE ONLY: �3.5G I,.-t v Road ADT S Date Accidents -S Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title: 7 Weld County Planning Departure GREELEY OFFICE OCT 3 0 2007 (its MEMORANDUM RECEIVED TO: Hannah Hippely, Planning Services DATE: October 29, 2007 VI D C FROM: Don Dunker, RE., Public Works (' • COLORADO SUBJECT: SE-1121, Cecil and Shirley Howard The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are as follows: COMMENTS: Weld County Road 49 and 47 Arterial Corridor Study: (October 2004) WCR 49 is classified by the County is a major arterial and required 140-foot of right-of-way. There is presently no right-of-way reserve. The applicant shall reserve 70' of ROW from their property line along its entire length adjacent to the proposed alignment of WCR 49 to be constructed in the future. 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. REQUIREMENTS: The Weld County Public Works Department,recommends approval of this application. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to the state highways. Since access for these proposed parcels will be off State Highway 34, please contact Gloria Hice-Idler at the Greeley office (970-350-2418) to verify the access permit or for any additional requirements that may be needed to obtain or upgrade the permit. (State Highway 34) The applicant shall indicate specifically on the plat the type of right-of-way/easement and indicate whether it is dedicated, private, or deeded to provide adequate access to the parcel. Section line accesses are considered private lanes with no county maintenance. Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation. 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. This property is NOT in FEMA Flood Zones. pc: SE-1121 M:\PLANNING—DEVELOPMENT REVIEW\RE-Recorded Exemption\SE-1121.doc Weld County Planning Departm. • GREELEY OFFICE OCT 2 9 2007 REC fas Memorandum TO: Hannah Hippely, W.C. Planning Inge DATE: October 26, 2007 FROM: Pam Smith, W.C. Department of Publi COLORADO Health and Environment CASE NO.: SE-1121 NAME: Cecil Howard Environmental Health Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed home septic system(s) and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Please note, the lot owners shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sewer line. In accordance with the Weld County Code, if a sewer line exists within 400 feet of the property and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. 2. All septic systems located on the property shall have appropriate permits from the Weld County Department of Public Health & Environment. The Environmental Health Division of the Weld County Department of Public Health & Environment was unable to locate a septic permit for the septic system located on the larger/smaller parcel of this application. Any existing septic system(s)which is not currently permitted through the Weld County Department of Public Health & Environment will require an I.S.D.S. Evaluation prior to the issuance of the required septic permit(s). In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current I.S.D.S. regulations. 3. All septic systems must be located on their respective lots and meet all lot line set back requirements. Additionally, please note the following: 1. Topographic or physical features of the proposed lots, such as ravines, ditches, streams, wells, 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. Howard/RE-4717 and SE-110 Page I of 1 Hannah Hippely From: Hice-Idler, Gloria [Gloria.Nice-Idler@DOT.STATE.CO.US] Sent: Monday, October 01, 2007 3:30 PM To: Hannah Hippely Subject: Howard/ RE-4717 and SE-1121 Hannah, Because of the existing access category of US 34, and because this property is bordered by CR 49.5, CDOT will not issue any new permits that allow for the increase of traffic to US 34 via the direct access. Any new home site will need its traffic directed to the county road. If you have any questions, please do not hesitate to contact me. Gloria Hice-Idler Access Manager CDOT Region 4 1420 2nd Street Greeley CO 80631 (970) 350-2148 10/01/2007 W W No N , (u .0 iu r pq et o cu (IN i F CO CO O 2C111 00'021 3.£b,IT,00N 3.£b,11.00N m 3 I 4 O U Q rD W c O C W M a « t .-I +. 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M 1 P• ire, t t t I rr IL • .4 ii .♦ 41. - 1t ! •a •; • 11 t 1 }. rYj I. } i _ i f .y x. r r i rw. ♦r. • 'f - f . i Pi • • Mfr 4 I. •r S • • r At • IL. r • 1 t ..._ - - ♦. ' -nine A G - WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-6497 Jj / Road File #: Date: / RE# : [/) Other Case#: /1 1. Applicant Name (, C'L% / /deOarok- Phone Address 2`-/O19 i4 1, .Jay 32// / City Wer5ey StateeO ZipeOecyy 2. Address or Location of Access frt.( laccbl e.,,n .5 c 5 6c .5A? 2A he%off Section /g Township -5-A/ Range 49' r-'D Subdivision /✓/A Block /✓/A Lot /v/A o 57 it' :350 + Weld County Road#: 3 9 Side of Road Iv Distance from nearest intersection 3. Is there an existing access to the property? Yes No #of Accesses 4. Proposed Use: 0 Permanent e Residential/Agricultural 0 Industrial ❑ Temporary 0 Subdivision 0 Commercial ❑ Other t let t***tt*****tt****t*t***t*t*i*t*tt**tt*****tittt*****t*****tttt******i*tlttt************tt*t*****************************t*** 5. Site Sketch • Legend for Access Description: 1 AG = Agricultural A/01 ' CY;6111 �CC.S IIL__. RES = Residential µse. her AC; RC≤, O&G = Oil&Gas p-YG— D.R. = Ditch Road O = House L O = Shed 70 0 � °? tt *' A = Proposed Access �� A = Existing Access �il"jc' �r °hLI. R0L I I cu NTdo"u s I l aA i :5 O- d ...****t****—***t*t*.*tt**ttti****ttt**t***** OFFICE USE ONLY: SSG r Road ADT rl Date Accidents .S Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions U Installation Authorized ❑ Information Insufficient Reviewed By: Title: 7 I1 LandAmerica Freese Engineering Attn: Jay Freese 217 East 18th Street Greeley, CO 80634 Case No. 53-0001941 "WE'RE HERE TO MAKE IT EASY!" LandAmerica 1023 39th Avenue, Suite A Greeley, CO 80634 Phone: 970-351-0007 Fax: 970-351-6633 e Invoice Number: 396S a LandAmerica Invoice Date: 5/30/20C File Number: 53-000194 Customer #: 1061E INVOICE To: From: LandAmerica Freese Engineering 1023 39th Avenue, Suite A 217 East 18th Street Greeley, CO 80634 Greeley, CO 80634 Phone: 970-351-0007 ATTN: Jay Freese Fax: 970-351-6633 Sean Stevens RE: TBD, Greeley, CO 80631 Buyer/Borrower: Cecil Howard and Shirley Howard Seller: Description Liability Amount Total Amount Certificate of Conveyance $200.00 $200.00 Total $200.0C Please remit to: -AL 4 5° C LandAmerica 1023 39th Avenue, Suite A Greeley, CO 80634 Thank you! • • CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD Lawyers Title Insurance Corporation hereby certifies that it has made a careful search of its records and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION Subdivision Exemption No. 595 recorded July 23, 1996 in Book 1557 at Reception No. 2502333, being a part of the South 1/2 of the Southwest 1/4 of Section 18, Township 5 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado. CONVEYANCES (If none appear, so state): Reception No. 1535836 Book 614 Reception No. 2502333 Book 1557 This certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be construed as an Abstract of Title, Opinion of Title or a Guarantee of Title and the liability of Lawyers Title Insurance Corporation is hereby limited to the fees paid for this Certificate. In Witness Whereof, Lawyers Title Insurance Corporation, has caused this Certificate to be signed by its proper officer this 24th day of May, 2007, at 7:00 am. Order No. 53-0001941 Lawyer, Title I surance Corporation By 72-1 Authorized Signature • • .: 'may"^'"- '''' -.' ._. _. - . XI - for 614 AUG 2 51969 c a ateelt 4 IL .-� s.eajar flaw .._. 7�4__38')6--T�- s__ .twit Maw 51 a' ' !s, War ea. 22nd des el August ate, I year et oar Lad m.thee. cd.bm war w sixty nine woes • 1 ORYILLL B. muter 8 id cp. at the Cana Weld red .a la Oared%a M ant partad { t03 om' CECIL HOWARD AND SHIRLEY HOWARD e. a to the Carp et Weld as Sate ef Wend% a ea r-, sweat pant .y .a tit wrFmmeeNTmt Tat the add party a M po et fate ad is ae.dM.aten of arc wt el e .-a w' to she au not its el aho ant pert Is rat to l b se sold pmda a se mead wt. the nodal whm.l by .o boas cads*sad a.Hoa.yat, ha Peaai, beteph.ed.read ad w.erad,red hp IMO Ma..ate dS C Pea.bia aea,seem,eat OPIUM 0 the aid pass el as sad part IS pan r le step b arias o bet a Data'r°tary.the o.ni.o r a that,an amino ad the his ad mediae et me aanls fenwe.as the id - 0 halm d.apa la .r area at had.diatr,fist as battle 62 o tarty a Weld ad Sew et Ca.d.,Ink: South Half of the Southwest Quarter (01 SW}) of Section Eighteen (18), Township Five North (TSN) Range Sixty Your West (R66W) of the Sixth P. W.; together with a 11 improvements thereon situated , Ira t% first party's share of growing crops, two (2) shares of the cap}ital ' ft* stock of the Lower Latham Ditch Company and two (2) shares of the - capital stack of the Lower Latham Reservoir Company, all wells and we_1 equipment used thereon or in connection therewith, and all tL right, title and interest of first party's in and to. the lateral ditch and rights of way to the above described land; SABJP.CT TO present balance of first deed of trust originally to secure note to Anna H. Fahrenbruch against said land, which second parties hereby assume and agree to pay as part of the pruchase price hereof nt Ila•.patet.i�. tW with it a 11 sadnca Saler tM hc,dI .an.s:ap/awaaeee tars* MMaaai or la am tko eV th .eya..a*M.fan,delft ad dreaad roverdoet d whatsoever a[�•• 'em.. imam w areas thaea: la ha or q.hy, H. b w a.the above • a S.War b+eadaad M+alo.W ba.dhaaeb the aeld pert epNtnr..w.e note.Aber M TO NAYS AND TO MOLD ne mid ynsi.. above ►epaed and daae.d. with a)cnaascat are the said portla a the soma peat the ewe**a Seek Stir en ear,w S. his w mats of wee► a.a..r fen as. Are W ea party as. put,lot tear his. ae and M IBStaten. ada. R o tea.. .. Eves, began ad we es w w .w prat . a w said stir IS anima al them their 'x'. . w the hi.ad wits at.a►a.ine,that at the den of the mean ad deawdq a am poa.a.., aelsaatt al la ors ni.a a the wale'bon comma.ea d good en paint.lair.d i+ldeaaeb .vest ..a ad a k z a. M dapst ad has awe right. MI power w bald Su*b gnat hurl... poem,the sate S mean ad bra afr..id,sad that its sae are ha w da Mee all Was ad.ha Matt Wane. mks, seas. team eameaawls ad iaa ndwea o of thane Si ate we...e.e?SCEPT s above first deed of trust; all unpaid taxes and reservation of 1/2 of all oil, gas and minerals in deed 143266? ,P•, in Book 511 Weld Co. records I ad the above harpies!pea ..,a W gave red p.sabk pome.eMm a the add tanM*a the road naap are e ravine w .Marte.y desk seeds ad see S. boa aid enigma e4 mothaei.m G alaet.a ad asp meesr er PM" WARRANT AND FOREVER DEFEND. °e7 M thetas,the ay party a the aka or pan shall ad MN IN WITNESS WNatEOF, the aid pony Maw list pan as anima a set his hood ad e sal the day w pat asst ion wale. ��,.�,,yy�77GG {�(///' Sieved. Sala sad Deland a W Trees a l/fid& .6ititt "Ct e_ it OIRPNLLS B. SUE= (s�LJ t- 0 (Sear,) 0 0 0 'ABED. STATE OF COLORADO, ♦',......hr. Ceeate a W.IL }"' The far.eitp anew...°eb+owada.d bdan a thl_ 221Ei �y t•: • intuit __^,ubg_,y! 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LO o▪v v'o a Y_ o m T NO In 0cO 2v1,2 N 2 vcv E ° _ _ _ °u ° E v 9Z,n. n =' b o5 ry i '- L E v $ E E a o� P e• g!- 'd n'�« < Inc as ] , E '≥ac co aM 13 • P TTp ] ° ] ian L Y~ o 3 °I o Cy V ° °;20 —_ p n a.� s. L ° nn °� ° u ~T a3Z0 �' ° p ONT Qa � ¢tl=m N ° _ Co2•3 oC v 02 an. a a. U >' ng u Z. z >, va p o 3n pq Nti\p on a c ~LL on rv� 3m^�• 3 ° F-- ta— _' ▪P_ a -cC Z al Or tIQ�N n� ...Lac °1 (-1 {,°ZCI '"N un � _ vo oa °a .N o ] u en ce oaN ma Zay ZNpL zoo. 1 6 CENTRAL WELD COUNTY WATER DISTRICT June 5,2007 Cecil Howard 24019 Highway 34 Kersey, CO 80644 RE: Additional Water Service for Recorded Exemption Dear Mr. Howard: This letter is in response to a request for water service to serve the following property described as follows: Part of the S %Z SW ''A of Section 18, Township 5 North, Range 64 West of the 6th P.M., Weld County, State of Colorado. Water service is presently available to the above described property by tap number 250 located at Weld Co. Rd. 56 between 49 & 51. Additional water service can be made available to this property, provided all requirements of Central Weld County Water District,Northern Colorado Water Conservancy District and the Bureau are satisfied. Please note that you are responsible for confirming that this property has met the requirements of Northern Colorado Water Conservancy District and the Bureau of Reclamation. To do this, you may contact Marilyn Conley with Northern Colorado Water Conservancy District at 970-532-7700. Central Weld cannot issue a tap until all requirements are satisfied. Central Weld County Water District requires that contracts be consummated within one (1) year from the date of this letter or this letter shall become null and void unless extended in writing by the District. Please contact the Central Weld office for further information about water service. Due to the rapid cost increase of raw water, existing tap fees may not apply for water service to this property. The District will not notify, by separate letter, any prospective landowners or land purchasers of tap fee or line extension cost increases. The cost of a tap fee and/or improvements will have to be paid in advance to the District by the prospective customer in accordance with District policy. It is your responsibility to confirm with your local Fire Protection Authority if fire flow water capacity is required for your project. If you have any questions regarding the above, please contact this office. Sincerely, CENTRAL WELD COUNTY WATER DISTRICT o n W. Za , General Manager JWZ/rg 2235 2°d Avenue • Greeley, Colorado 80631 • Phone (970) 352-1284 • Fax (970) 353-5865 John W. Zadel, General Manager �J • Form No. OFFICE OF TleTATE ENGINEER GWS-25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg.,1313 Sherman St..Denver,Colorado 80203 (303)866-3581 WELL PERMIT NUMBER 250105 - - DIV. 1 WD 1 DES. BASIN MD APPLICANT APPROVED WELL LOCATION WELD COUNTY SE 1/4 SW 1/4 Section 18 CECIL J.AND SHIRLEY JUNE HOWARD Township 5 N Range 64 W Sixth P.M. 27249 WCR 49 1/2 DISTANCES FROM SECTION LINES GREELEY, CO 80631- 1040 Ft.from South Sectioh Line 1540 Ft. from West Section Line (970)352-0909 UTM COORDINATES PERMIT TO CONSTRUCT A WELL Northing: Easting: 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 assure the applicant 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 inaccordance with Rule 18. • - 3) Approved pursuant to CRS 37-92-602(3)(b)(Ip(A)as the only well on a tract of land of 40 acre(s)described as the SE 1/4 of the SW 1/4, Section 18,Township 5 North, Range 64 West,6th P.M.;Weld County. 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'enirnals and livestock on a farm or ranch and the irrigation of not more than one(1)acre of home gardens and lawns. • 5) The total depth of the well shall not exceed 60 feet or the top of the consolidated bedrock material,whichever is-shallower. 6) The maximum pumping rate of this well shall not exceed 15 GPM. 7) 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. 8) This well shall be constructed not more than 200 feet from the location specified on this permit. 9) The issuance of this permit hereby cancels permit no. 160704. NOTE:To ensure a maximum productive life of this well,perforated casing should be set through the entire producing interval of the approved zone or aquifer indicated above.,,14 d- APPROVED (/ . 7 %L eteyn, RAN n �(�VF►�F�^ State Engineer By ,Receipt No.05D7923 DATE ISSUED 05-09-2003 EXPIRATION DATE 05-09-2005 Fcrm No OFFICE OF a STATE ENGINEER a GWS-25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303)866-3581 1397 WELL PERMIT NUMBER 11611 -R R DIV. 1 WD 1 DES. BASIN MD APPLICANT1/4 APPROVED WELL LOCATION WELD COUNTY SW 1/4 SW 1/4 Section 18 CECIL HOWARD Township 5 N Range 64 W Sixth P.M. 27249 WCR 49 1/2 DISTANCES FROM SECTION LINES GREELEY, CO 80631- 225 Ft. from South Section Line 3 Ft. from West Section Line (970) 352-0909 UTM COORDINATES (Meters.Zone:13,NAD83) PERMIT TO CONSTRUCT A WELL Easting: Northing 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 Slate Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2)for the replacement of an existing well, permit no. 11611-R (decreed by the Division 1 Water Court as Well No. 1-11611 in case no. W-2236). Upon completion of the new well, the old well must be plugged and abandoned in accordance with Rule 16 of the Water Well Construction Rules. A Well Abandonment Report form must be submitted within sixty(60)days of abandonment of the old well. 4) Approval of this replacement well permit shall not result in an expanded use of ground water. The use of ground water from this well is restricted to the irrigation of 65 acres in the SW1/4 of Section 18.Township 5 North.Range 64 West of the 6th P.M..Weld County. 5) The use of ground water from this well is restricted to the irrigated acreage covered by a court approved plan for augmentation or substitute wafer supply plan approved by the State Engineer. 6) The pumping rate of this well shall not exceed 1095 GPM(2.44 CFS). 7) The annual amount of ground water to be appropriated shall not exceed 195 acre-feet or the quantity covered under a court approved plan for augmentation or substitute water supply plan approved by the Stale Engineer.whichever is less 8) Production is limited to the alluvium. The depth of this well shall not exceed 65 feet or the depth at which sandstone or shale is first encountered. whichever is shallower. 9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer. and court case number(s) as appropriate The owner shall take necessary means and precautions to preserve these markings. 10) This well shall not be pumped unless included in a court approved plan for augmentation or a substitute water supply plan approved by the State Engineer. At the time of issuance of this well permit the well was included in the Lower Latham Reservoir Company substitute water supply plan and was included in the Central Colorado Water Conservancy District augmentation plan decreed in case no 2002OW335. 11) A totalizing flow meter must be installed on this well and maintained in good working order Permanent records of all diversions must be maintained by the well owner(recorded at least annually)and submitted to the Division Engineer upon request 12) This replacement well shall not be constructed any closer to any other existing well than the well it is replacing, if such other well is within 600 feet of the replacement. is completed in the same aquifer, and is not owned by the applicant. 13) This well shall be constructed not more than 200 feet from the location specified on this permit and not more than 200 feet from the location decreed for Well no 1-11611 in case no. W-2236 (decreed location is 180 feet from the south section line and 10 feet from the west section line) 14) This well is subject to administration by lne Division Engineer in accordance with applicable decrees statutes. rules and regulations NOTICE This permit has been approved with a distance of 225 feet from the South section line based on Inc quarteriquarter information and decreed location (the application specified 225 feet from the North section line) 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.) y t APPROVED rJr " I JMW State Engineer By %Receipt No. 3613365 DATE ISSUED 02-16-2007 PIRATI N DATE 02-16-2008 itio • • (111. r:\\ lig 1 DEPARTMENT OF PLANNING SERVICES WELD COUNTY ADMINISTRATIVE OFFICES 1555 N. 17TH AVENUE �� • GREELEY, 3ORADO 0631 PHONE (970) 353-6100, ext.3540 COLORADO FAX (970) 304-6498 • ADDRESS VERIFICATION FORM FROPE-P , . C`vVNER NAME & MAILING ADCRES _ ee.c / n oBeard —----- a 7.299 G?-99.5 ffelcy Co to‘5/ LEGAL DESCRIPTION OF SUBJECT PROPERTY: ?Tszsw4V SEC IS ,T 5 N, R 64 W of the 6T" PM, Weld County, Colorado, (btu/r/ ny perm t' 3c-T70061) ADDRESS ASSIGNED: .22 114 9S E � y 7eA i/ **PLEASE CONTACT LOCAL POST OFFICE FOR CITY & ZIP/CODE" • THIS ADDRESS HAS BEEN ASSIGNED BASED ON: ex/57L//I9 GLGGGSS 5i rrrsztnS/izy ofe. adress , /n!c('ode ord azoo/3 -e„ '��' G -.0.23-6BUILDING TECHNICIAN DATE " DISCLAIMER— The address documented above has been issued to you upon your request by the Weld County Department of Planning Services. The issuance of this address shall not be interpreted or construed to mean: 1. You have the right to building a single-family dwelling on the assignee property. 2. That Weld County PubRtc Works is under any obligation to maintain or remove snow from the road from which you access said property. 3. You have the right to access the property from another person's proper, 4. That emergency vehicles will be able to access said property. 5. You have the right to access said property via a ditch or oil and gas road. 6. That this address will never change or be reissued. reyi, .. 1:01 uofile •Haniec-•'narnress WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 NORTH 17TH AVENUE GREELEY, CO 80631 PHONE (970) 304-6415 FAX (970) 304-6411 Finaier. Permit #: SP-0000006 Sec/Twn/Rng: 18 05 64 Status: ISSUED Owner: HOWARD CECIL Applied: 01/03/2000 Applicant: HOWARD CECIL Issued: 01/05/200,0 Permit Type: RNEW C=Commercial, R=Residential + NEW, REPair, VauLT Finaled:i y' Parcel #: 0963-18-0-00-006 l� ( V Location:ayj} l EAST HWY 34 18-5-64 Legal Description: 9104 S2SW4 18 5 64 E XC 6.93 AC. TO BE TA KEN BY HWX IEfl ESC Installer: ))�LJJ JJ Description: HOUSE Commercial: N Residential:Y Acres: 80 # of Persons: 4 Basement Plumbing: N # of Bedrooms: 3 Bathrooms - Full: 1 3/4: 0 1/2: 0 Water Public: Y Water Source: CENTRAL WELD WATER DIST Water Private: N Cistern: N Well: N Well Permit #: Percolation Rate: 24.5 Limiting Zone: 6 ft 0 in Description: END OF BORING % Ground Slope: 0 Dir: Soil Suitable: (Y/N) Y Engineer Design Required: (Y/N) N In 100 Year Flood Plain: (Y/N) N Minimum Installation Chambers Septic Tank: 1000 gallons Absorption Trench: 675 square feet or Absorption Bed: 909 square feet Actual Installation Septic Tank: IMO gallons Absorption Trench: WO square feet P)0-, Absorption Bed: square feet Design Type: A NOTICE The issuance of this permit does not imply compliance with other state, county or local regulatory or building requirements, nor shall it act to certify that the subject system will operate in compliance with applicable state, county and local regulations adopted persuant to Article 10, Title 25, CRS as amended, except for the purpose of establishing final approval of installed system for issuance of a local occupancy permit persuant to CRS 1973 25-10-111 (2). This permit is not transferable. The Weld County Department of Public Health and Environment reserves the right to impose additional terms and conditions required to meet our regulations on a continuing basis. Final permit approval was contingent upon the final inspection of the completed system by the Weld County Department Public Health an Environment. X 7 "(d"02 Env' onmental Health Specialist Date Form:S_FINAL rage 1 el I • • t } n Pe 051164* o '--"i 9 ` .."�.'. yj r er Ykys;;` s 1 v £ L '! . � I�.�u.. 0yI eta 50� 1�}�. i . 1 V Zcf� • 00�,00 http://maps2.merrick.com/output/weldProd_DEN-GSS-IMS34722840409.jpg 8/20/2007 q:51(41(44C. (IV _4SP: 115 INDIVIDUAL SEWAGE DISPOSAL SYSTEM PERMIT NO. G-920( WELD COUNTY HEALTH DEPARTMENT REPAIR PERM: ENVIRONMENTAL HEALTH SERVICES 1517 16TH AVENUE COURT . GREELEY. CO 80631 =.5=-0635 EXT .2225 �J :WNER hOWARD. CECIL ADDRESS 27249 WCR 49 1/2 PH ( 303) 352- GREELEY CO 80631 ;DDREES 3F PROPOSED SYSTEM 2/249 WCR 49 1/2 J� GREELEY CO 806:1 .EGAL DESCRIPTION OF SITE: 52 SW4 SEC 18 TWP 5 RNG 64 EJBDIVISION: LOT 0 BLOCK 0 FILING 0 '_'SE TYPE: RESIDENTIAL SOE 929083 SERVICES: PERSONS 2 BATHROOMS 3.00 LOT SIZE 80.00 ACRES BEDROOMS 4 BASEMENT PLUMBING NO WATER SUPPLY CWCWD A PLI'CATION FEE $115.00 a_=C _' BY CINDY SALAZAR SIGNED BY CECIL HOWARD DATE 04/ 4/92 DATE 04/24/92 RE RC OLATION RATE 5 .0 MIN PER INCH LIMITING ZONE 1 FEET 71U1:_ TYPE UNSUITABLE PERCENT GROUND .SLOPE 0% DIRECTION =EO..:IF::ES ENGINEER DESIGN YES IN 100 YEAR FLOOD PLAIN ZONE NO ROM THE APPLICATION INFORMATION SUPPLIED AND THE ON-SITE SOIL PERCOLATION DAT ' H_ FOLLOWING MINIMUM INSTALLATION SPECIFICATIONS ARE REQUIRED: SEPTIC TANK. 1500 GALLONS. ABSORPTION TRENCH SQ. FT . OR ABSORPTION BED 1152 SQ. FT . IN ADDITION. THIS PERMIT IS SUBJECT TO THE FOLLOWING ADDITIONAL TERMS AND _CNDiTIONS: _ '-:IS PERMIT IS GRANTED TEMPORARILY TO ALLOW CONSTRUCTION TO COMMENCE . THIS PER r."4, BE REVOKED OR SUSPENDED BY THE WELD COUNTY HEALTH DEPARTMENT FOR REASONS S JPT:- IN THE WELD COUNTY INDIVIDUAL SEWAGE DISPOSAL SYSTEM REGULATIONS INCLUDI A:LURE TC MEET ANY 1 ERE": DR CONDITION IMPOSED THEREON DURING TEMPORARY OR FINA NA - 0DRO..'AL . THE ISSUANCE OF THIS PERMIT DOES NOT CONSTITUTE ASSUMPTION BY THE -ERA^TME1...T OR ITS EMPLOYEES OF LIABILITY FOR THE FAILURE OR INADEQUACY OF THE =(�r :'I SPC A_ SYSTEM . '" JUDY SCHMIDT .DT . X-STAFF T Ai"F f;? =8!Li ENVIRONMENTAL SPECIALIST DATE n=.:-'27 N2' TRANS;.cRAD-E ANE SHALL BECOME VOID IF SYSTEM CONSTRUCTION F ONE YEAR OF ITS ISSUANCE . BEFORE ISSUING FINAL APPROVAL ^=R~I T WELD COUNTY HEAL-t- DEPARTMENT RESERVES THE RIGHT TO IMPOSE ADE YEP'S AND CONDITIONS REQUIRED TO MEET OUR REGULATIONS ON A CONTINUING E _ _ INAL PERMIT APPROVAL IS CONTINGENT UPON THE FINAL INSPECTION OF THE CON cTE:M BY THE WELD COUNT! HEALTH DEPARTMENT . f f .�j� • _- � `.. _ n FINAL T'� T JIV DATE `�' - _-�� -rUc�A_rE=. � •----APPRE{VAU '�� _ .1 _• :E' Ste` -__—.._ - /PE 2: E•.'STEM, I NETA"LE ' 144 0)0& ENVIRONMENTAL SPECIALIST _ COMPLIANCE WITH TH OTHER STATE . COJNT TI-IS S FP"M r t DOE;�- 11:;T _I. 1�._•: 4'.. T T L`,' ��r••I::E Oc JO_= _E_;J� R OR BL:I, DIN RE2. 'IREM.ENTS . NOR SHALL I' ACT TO CERTIFY .:r- U� r_•� M: U!:LL PERATE IN COMB r CE WITH APP.. ICABLE STATE. COUNTY AI` ,� ,.-, O CCU c r -_..EG' t T ARTICLE 1 TITLE 25. CRS 1973. 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