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Nes Q 4 RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION #4196 - JAMES AND SALLY ORR ECKHARDT WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, pursuant to its authority under Section 30-28-101(10)(d), C.R.S., did determine at a public meeting held in the Chambers of the Board, that a certain parcel of land, to be divided into two parcels, as shown on the plat known as Recorded Exemption #4196, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land," and WHEREAS,the request for Recorded Exemption#4196 was submitted by James and Sally Orr Eckhardt,24205 Weld County Road 57, Kersey,Colorado 80644,for property which is located in part on the following described real estate, to-wit Part of the W1/2SW1/4 of Section 35, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A," said plat to be recorded, and WHEREAS,this request is to divide the property into parcels estimated to be approximately 53.050 acres and 5.00 acres. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the hereinabove described parcel of land be,and hereby is,exempt from the definition of the terms, "subdivision" and "subdivided land." BE IT FURTHER RESOLVED by the Board that Recorded Exemption#4196 by James and Sally Orr Eckhardt is, approved conditional upon the following: 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) Regulations. 2. The West Greeley Soil Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on-site soils. 3. Prior to recording the plat: A. The Weld County Department of Planning Services approves the applicant's proposed building envelope located east of and adjacent to Weld County Road 57. The building envelope shall be delineated on the plat. 2006-0320 //�� RE4196 an '. Tel,-% Ct FP1' L Q0 RE#4196 - JAMES AND SALLY ORR ECKHARDT PAGE 2 B. The plat shall be titled: Recorded Exemption No. 0963-35-3 RE-4196. C. When feasible, there shall be no"net increase" in the number of accesses to a public road. The site currently has three (3) accesses. The applicant shall submit a plan to the Department of Planning Services indicating how they propose to provide adequate access to both lots without creating a"net increase,"or the applicant shall submit evidence justifying the need for the existing multiple access points and/or the need for additional access points. The submitted information shall be reviewed in accordance with Chapter 8, Article II, Chapter 24, Article II, and Section 24-8-40 of the Weld County Code. D. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15-inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert,contact the Weld County Department of Public Works to adequately size the culvert. E. Weld County Roads 57 and 50 are designated on the Weld County Road Classification Plan as local gravel roads,which require 60 feet of right-of-way at full buildout. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. If the right-of-way can not be verified, it shall be dedicated. The plat shall delineate the existing right-of-way and the documents which created it, along with any additional right-of-way reservation required. F. The applicant shall address the requirements of Weld County School District RE-7,as stated in the referral response dated August 1,2005. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. G. Lot A shall comply with the one (1) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. H. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. The following notes shall be placed on the plat: 1) All proposed or existing structures will 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 2006-0320 RE4196 0 0 RE#4196 - JAMES AND SALLY ORR ECKHARDT PAGE 3 occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery, or 150-foot radius of any wellhead, shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on the site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption in accordance with Section 24-8-20.C.1 of the Weld County Code. 4) All structures requiring building permits shall be located within the designated building envelope. 5) All construction or improvements occurring in the floodplain as delineated on Federal Emergency Management Agency FIRM Community Panel Map 080266 0605 D,dated September 27, 1991, shall comply with the Flood Hazard Overlay District requirements of Chapter 23, Article V, Division 3, of the Weld County Code. 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) 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 Agricultural Exempt Building,per the requirements of Sections 29-1-20 and 29-3-20.6.13 of the Weld County Code,do not need building permits; however, a Certificate of Compliance must be filed with the Department of Planning Services, 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) My disturbance of wetlands shall require the applicant to contact the Army Corps of Engineers for permits pursuant to Section 404 of the Clean Water Act. 2006-0320 RE4196 0 0 RE#4196 - JAMES AND SALLY ORR ECKHARDT PAGE 4 10) Effective January 1, 2003, building permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Program. 11) Weld County's Right to Farm Statement, as it appears in the Weld County Code, Appendix 22-E, shall be placed on the plat. 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 the Department of Planning Services. 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 Board of Commissioners Resolution was signed. The applicant shall be responsible for paying the recording fee. 5. 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 maps@co.weld.co.us. 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 Board of Commissioners Resolution was signed, a$50.00 recording continuance charge shall be added for each additional three (3) month period. 2006-0320 RE4196 0 RE #4196 -JAMES AND SALLY ORR ECKHARDT PAGE 5 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 30th day of January, A.D., 2006. � BOARD OF C NTY COMMISSIONERS �� ha 4,, ELD COU , COLORADO ATTEST: ",a ram-? J. e, Chair Weld County Clerk to the o BY. V � ,� u = David ELong, Pro-Tem D uty CI rk to the Boas William H. Jerke\ APP D AS TO \Y \)` R4J121 D as(y unty Attorney 6tC� Glenn Vaad Date of signature: 2006-0320 RE4196 O O 1 t DEPARTMENT OF PLANNING SERVICES WC RECORDED EXEMPTION ADMINISTRATIVE REVIEW COLORADO Applicant: James and Sally Orr Eckhardt RE-4196 Planner: MM Legal Pt. W2 SW4 Section 35, T5N, R64W of the 6TH P.M., Weld County, CO Description: Parcel ID#: 0963 35 000025 Lot A Size: 5 +/- acres Lot B Size: 53 +/-acres Lot C Size: n/a Lot D Size: n/a Water Source: Central Weld County Water Sewer System: Septic District Criteria Checklist Yes No X 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.)regulations. Page 1 lea.-b3 O O 2. The West Greeley Soil Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on site soils. 3. Prior to recording the plat: A. The Weld County Department of Planning Services approves the applicant's proposed building envelope located east of and adjacent to County Road 57. The building envelope shall be delineated on the plat. B. The plat shall be titled: Recorded Exemption No. 0963-35-3 RE-4196 C. When feasible,there shall be no"net increase"in the number of accesses to a public road.The site currently has 3 accesses.The applicant shall submit a plan to the Department of Planning Services indicating how they propose to provide adequate access to both lots without creating a"net increase"or the applicant shall submit justification for the need for the existing multiple access points and/or the need for additional access points.The submitted information shall be reviewed in accordance with Chapter 8,Article II and Chapter 24,Article II, Section 24-8-40 of the Weld County Code. D. All approved accesses shall be clearly shown on the plat.The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe(CMP)is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. E. County Roads 57 and 50 are classified by the County as a local gravel roads,which requires 60 feet of right-of-way at full build out.The applicant shall verify the existing right-of-way and the documents creating the right-of-way.If the right-of-way can not be verified,it shall be dedicated. The plat shall delineate the existing right-of-way and the documents which created it along with any additional right-of-way reservation required. F. The applicant shall address the requirements of Weld County School District RE-7 as stated in the referral response dated 8/1/05. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. G. Lot A shall comply with the one(1)acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. H. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. I. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Page 2 �er�6-032-0 0 0 Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption in accordance with Section 24-8-20.C.1 of the Weld County Code. 4) All structures requiring building permits shall be located within the designated building envelope. 5) All construction or improvements occurring in the flood plain as delineated on Federal Emergency Management Agency FIRM Community Panel Map 080266 0605 D dated September 27, 1991, shall comply with the Flood Hazard Overlay District requirements of Chapter 23,Article V, Division 3 of the Weld County Code. 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) 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 29-3-20.8.13 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) Any disturbance of wetlands shall require the applicant to contact the Army Corps of Engineers for permits pursuant to Section 404 of the Clean Water Act. 10) Effective January 1,2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program.(Ordinance 2002-11) 11) 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 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; Page 3 b- 63;4 O 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 from 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 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 maps(d)_co.weld.co.us. 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 shall be added for each additional 3 month period.(Department of Planning Services) 7. The Weld County Department of Planning Staffs approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval.Should an applicant be unwilling or unable to meet any Page 4 O one of these conditions within 60 days of approval,then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. By Date September 19, 2005 Mi helle Martin + Planner II Page 5 63.O Plat Checklist POC Planner - Item Comments Check Check Proper size and material 24 x 36 dt 18"x 24" /Minimum 3 millimeter polyester sheet Lettering No stick-on lettering / Minimum 8 pt. lettering Boundaries of Lots Scale Suitable Scale? (1"=200'Er 1"=10 ' I L� Accesses indicated Shared Access?If so,is easement Certificate included? Cr Roads labeled,including R.O.W Building Envelope(s) Vicinity Map Suitable Scale? (Minimum 1" =2000') C ) North Arrow Legal Description Notes from Planner/ Development Standards n) Conditions of Approval • 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 Board Certificate (USR, COZ„Minor Sub Final) (Final HID,RE, SE&ZPlvtH if Board approved) Typical Road Cross Section (COZ,Final Minor Sub. and Final PUD) Easements • �r Please return the 1 e c 'clan within 24 hours of receiving the plat. Planner on Call: tials) Planner Signar:re: Date: WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 918 10TH STREET GREELEY, CO 80631 PHONE: 970-353-6100, EXT. 3540/ FAX: 970-304-6498 Date: 20 Receipt No. °...41 - 1 f 871 Received From: 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 UCHECK NO. TOTAL FEE Receipted By: DL# Exp. WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 918 10T"STREET GREELEY, CO 80631 PHONE: 970-353-6100, EXT. 3540 / FAX: 970-304-6498 Date: 20 Receipt No. i ' '2 J 4 Received From: 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 JCHECK NO. TOTAL FEE Re eipted By: DL# 2C11.61 v rd (LIU UDLt' Pill- 4 WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 918 10TH STREET 0 GREELEY, CO 80631 PHONE: 970-353-6100, EXT. 3540/FAX: 970-304-6498 Date: 20 Receipt No. 13346 Received From: \, ' • -__ 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 II( MISC. ❑CASH ❑CHECK NO. TOTAL FEE Receipted By ' . DL# Exp. DEPARTMENT OF PLANNING SERVICES NORTH OFFICE 918 10TH Street arcir GR ELEY,3-6100 C x. 3541 PHONE: (970)353-6100, Ext. 3540 FAX: (970)304-6498 ISOUTHWEST OFFICE 4209 CR 24.5 O LONGMONT, CO 80504 PHONE: (720)652-4210, Ext.8730 COLORADO FAX: (720)652-4211 July 26,2005 James&Sally Orr Eckhardt 24205 CR 57 Kersey CO 80644 Subject: RE-4196-A Recorded Exemption located on a parcel of land described as Part W2 SW4 Section 35, T5N, R64W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria or if staff has concerns with the application, staff may elect to forward the application for review to the Board of County Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and.make a final decision on the recorded exemption. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials to the Kersey Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Kersey Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Kersey at(970)353-1681,for further details regarding the date,time, and place of this meeting. If you have any questions concerning this matter, please call me. Sin erel f Michelle Martin G Planner �et96—C O Q MEMORANDUM Vi`,Pc TO: Board of County Commissioners COLORADO DATE: January 26, 2006 FROM: Michelle Martin SUBJECT: Corrected SE-45 The applicants James and Sally Eckhardt are requesting the Board of County Commissioners reconsider the condition of approval for corrected Subdivision Exemption #45 dated June 1, 1977 that states, "James Eckhardt and Sally Eckhardt desire to transfer 58.050 acres (Lot B of SE-45) of said above-described track of land as a equalizer or reservoir site with the condition that it is not to be utilized as a residential building site, as more fully set forth in Tract B described as follows..." 0 0 (� 1 MEMORANDUM wipeTO: Board of County Commissioners COLORADO DATE: January 26, 2006 FROM: Michelle Martin SUBJECT: RE-4196 The applicants James and Sally Eckhardt have applied for a Recorded Exemption (RE-4196). The property in question is Lot B of Subdivision Exemption #45 which was created through resolution #770719 on May 18, 1977. The corrected resolution #7707018 dated June 1, 1977 states that, "James Eckhardt and Sally Eckhardt desire to transfer 58.050 acres (Lot B of SE- 45)of said above-described track of land as a equalizer or reservoir site with the condition that it is not to be utilized as a residential building site, as more fully set forth in Tract B described as follows..." The applicant is requesting the Board of County Commissioners remove this condition so they can subdivided and create buildable Lots (Lot A and Lot B of RE-4196). The Department of Planning Services is recommending approval along with the attached conditions and development standards. 2006-0320 0 , 00 • FIELD CHECK Inspection Date: 7A/C) � APPLICANT: James and Sally Orr Eckhardt CASE# : RE-4196 REQUEST: Recorded Exemption LEGAL: Pt. W2 SW4 Section 35, T5N, R64W of the 6T" P.M., Weld County, CO LOCATION: North of and adjacent to County Road 50 and east of and adjacent to County Road 57 PARCEL ID #: 0963 35 000025 ACRES: 58 Zoning Land Use N N E E S S W W Comments: unset-Sna Signature /4/14 o House(s) o Derelict Vehicles o Outbuilding(s) o Non-commercial junkyard (list components) o Access to Property o Irrigation Sprinkler o Crop Productions o Crops o Site Distance o Wetlands o Mobile Home(s) o Oil & Gas Structures o Other Animals On-Site o Wildlife o Water Bodies o Utilities On-Site (transmission lines) o Ditch o Topography Note any commercial business/commercial vehicles that are operating from the site. 6—63c.n-C) ter; APPLICATION FLOW SHEET COLORADO L` C APPLICANT: James and Sally Orr Eckhardt CASE# : RE-4196 REQUEST: Recorded Exemption LEGAL: Pt. W2 SW4 Section 35, T5N, R64W of the 6T" P.M.,Weld County, CO LOCATION: North of and adjacent to County Road 50 and east of and adjacent to County Road 57 PARCEL ID #: 0963 35 000025 ACRES: 58 Date By Application Received 7/19/05 SL Application Completed 7/21/05 MM Referrals listed 7/21/05 MM Design Review Meeting (PUD) File assembled ?•2 •cc — Letter to applicant mailed 7 Z9 •0C d^ Vicinity map prepared Referrals mailed 7 -ZS •(7a Chaindexed —1 • ZS• Ow--- Field check by DPS staff Administrative Review decision:RAW-a-LI 911 Oy /*I hp° t'"f gy,& C I SO/CCU MM/ M 8 By County Commissioners Hearing Date(if applicable) Surrounding property owners notified L)/Ac Air photo and maps prepared CC action: CC resolution received Recorded on maps and filed S /'6—Oe Overlay Districts Zoning Agricultural - MUD Yes No_X_ IGA Yes__ No_X_ Ord. Airport Yes No_X_ Geologic Yes_ No_X_ Flood Hazard Yes_X No Panel#080266 0605D Road Impact Area Q Q v O O RECORDED EXEMPTION (RE) APPLICATION • FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 0 q h 3 - 1 _1- 0 - 00 - 0 a 5 (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). Legal Description 955 5 PT W',.. S W U.. , Section35, Township 5 North, Range 61 West 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: :Tames n. and Sally Orr F ckharri+ Work Phone# t70-3%-RSC0 Home Phone# 970-366.-63o Email Address s0.11 er K r. ao/. Cowl Address: 12 X1.2 O 5 WC R 57 City/State/Zip Code Re.rS P 9 , r.o go 6 4 4 APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany all applications signed by Authorized Agent) Name: 3:r1 S D , annct Salk/ OYr Ec)dnaxd+ Work Phone# 970-336-T5o0 Home Phone#47o-356w153o Email Address .sa 11 P r k'ad (1O 1 Address: ,1 r)- 20 5 W C l2 57 City/State/Zip Code KPYc�, C/ Roes O 14-4-1-Lot A Lot B Lot C Lot D Smaller Parcel Water Source proposed Cerrf t rel proposed Cn+rrml Weld Co. Wrier Dis-F. Meld Co. Wafer 11111- Type of Sewer R-opaesd Sep41c ProposcFrt.. Aqr tca l t-U M( O n d Proposed Use home 4, IivesFocK building pnyetope, Acreage St OCreS 53.050±' acres Existing Dwellings? If Yes, list address If Yes, list address If Yes, list address If Yes, list address below: below: below: below: No N o If the property is vacant or unimproved write proposed water source and proposed sewer system for each parcel in the blanks above. For example,if a well and septic is proposed state:proposed well,proposed septic. I (We) request that the following described property be designated a Recorded Exemption by the Weld County Board 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 egal authority to sign for the corporation. 0 9 rY 9 - r q uo env* �j?JLTG�1 7-/3Aos a nature: Owner or Authorized Agent ate Signatur Owner or Authorized Agent Date -4- rS CORDED EXEMPTION QUESTION 1. Proposed Lot A: a. Domestic water will be provided by Central Weld County Water District, 1135 2"a Avenue, Greeley, CO 80631. Phone 970-352-1284. Copy of letter guaranteeing water tap attached. a. Irrigation water: This parcel will be sold with no irrigation water rights. Proposed Lot B: b. Domestic water will be provided by Central Weld County Water District, 1135 2nd Avenue, Greeley, CO 80631. Phone 970-352-1284. Copy of letter guaranteeing water tap attached. b. Irrigation water: This parcel will be sold with no irrigation water rights. 2. Proposed Lot A: An engineered septic system will be designed, constructed and permitted according to Weld County ISDS requirements. Proposed Lot B: An engineered septic system will be designed, constructed and permitted according to Weld County ISDS requirements. 3. Proposed Lot A has no improvements and is currently irrigated pasture for grazing cattle. Proposed Lot B contains approximately 53.050+ acres. Part is irrigated and non-irrigated pasture and part is a 20 acre private reservoir. There are no improvements on this parcel. It is currently used to pasture 25-30 head of cows with calves. There is a small gas pipeline maintenance site on the west boundary. 4. Proposed Lot A will be approximately 5+acres in size. The west boundary is adjacent to Weld County Road 57 and the south boundary is adjacent to Weld County Road 50. It is being created to be sold as a single family dwelling site. Proposed Lot B will be approximately 53.050+acres in size. About 800 feet of the west boundary is adjacent to Weld County Road 57. It is being created for continued agricultural use and a single family dwelling site. 5. Proposed Lot A: A drain tile with a maintenance easement is located on the south boundary of the lot. Proposed Lot B: The Lower Latham Ditch runs inside the eastern boundary and has a maintenance easement. There is a 20 acre private reservoir on the north and east portion. There are gas line easements that go around the reservoir(please see map). There are 2 seep ditches with maintenance easement that drain into the reservoir from the west. 6. Proposed Lot B: A building envelope is requested on the southwest corner of Lot B with access off Weld County Road 57. 7. There is no Business or Use by Special Review permit on the property. C WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970)304-6497 Road File#: Date: RE# : Other Case#: 1. Applicant Name Tames 0, and SQlly Orr Eckha.rcaPhone 970-356- /530 Address .74.205 w c R A-7 City Kersey State CO zip 8064'1 2. Address or Location of Access Section 35 Township 5 Range 6'-E W Subdivision Block Lot Weld County Road #: 57 Side of Road S Distance from nearest intersection a-/- t nor rse c4i'o✓i 3. Is there an existing access to the property? Yes V No #of Accesses -2.- 4. Proposed Use: ❑ Permanent % Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other 5. Site Sketch 1 WtIR 5Z I No fhro -h road Legend for Access Description: N AG = Agricultural h RES = Residential O&G = Oil&Gas Oro[ D.R. = Ditch Road O = House -f- .p,G o �r 0 = Proposed Access C 1 A& • = Existing Access !!!! A6 0 Res • .:. NI Caun4 .d 30 'III` n • OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title: 7-^' ,?) 0 0 WATER STORAGE FEASIBILITY STUDY LOLOFF RESERVOIR FOR LOWER LATHAM EXTENSION DITCH COMPANY Prepared For Lower Latham Extension Ditch Company BOARD Mr. Carl Hergenreder, President Mr. Neeland Siebring Mr. Terry Rothe Secretary Mr. Thomas Opdyke By Zoyiopoulos and Associates Engineering Consultants February 18, 1981 - OW) O O Zogiopoulos and Associates + T Engineering Consultants 1011 42ND STREET • EVANS,COLORADO 80620 • PHONE 352-6000 February 1.8, 1981 Lower Latham Extension Ditch Company c/o Mr. Carl Hergenreder, President 31539 Weld County Road 50 Kersey, Colorado 80644 RE: Feasibility Study of Loloff Reservoir Gentlemen: Zoyiopoulos and Associates is pleased to present this feasibility study of the Loloff Reservoir, in accordance with the instructions of the Board. We have done our utmost to cover all aspects of the engineering investigation and here- by report the results of this study. If the Board should require additional explaination or clarification of any ma- terial presented herein, we would be happy to meet with you at your conven- ience. We have accumulated a wealth of information and data in this study, which is available if the Board should require any further assistance in the future. Respectfully submitted, �"o' DRgh�,,�� 70YIOPOULOS/ S itell a§ ++a s" o co �- yy74. ao 13184 “,>,, n O.� ". Erich Draht, P.E.-L.S. : Noo ` y ii ICC.C PS+° ; i + NG./ ++0 �: dmo ',,, OF„c0`'" Zogiopoulos and Associates GENERAL The subject Loloff Reservoir is located in the West half of Section 35, Township 5 North, Range 64 West of the Sixth Principal Meridian, approximately four (4) miles Southeast of Kersey, Colorado. The reservoir is situated in a natural oc— curing depression in the local topography between two (2) seventy foot (70') hills. The reservoir is adjacent to the Lower Latham Extension Ditch at this point and is presently hydraulically connected to the ditch through a breach in the West berm of the ditch. The level of the ditch is therefore controlled by the reservoir acting as a capacitor or equalizer. The lag time created by this coupling is approximately twenty four (24) hours depending on the flow rate of the ditch at the time. c>i,C9 O3' • C Zogiopoulos and Associates O DRAINAGE BASIN Upon examination of the Loloff Reservoir site and defining the drainage basins, it became evident that the site is the focal point of a rather large drainage basin of about 920 acres. Pending a detailed study of the basin, preliminary indications are that a ten (10) year frequency, twenty four (24) hour rainfall as defined by the Soil Conservation Service, U.S. Department of Agriculture can produce a peak runoff rate of 448 cfs (Cubic Feet per Second) into the subject reservoir. Such a storm would over the duration, create a total runoff volume of about 149 Acre Feet of water which would find it's way to the reservoir. Fig- ure 1, of the Exhibits, shows the extent of this drainage basin and it's focus on the Loloff Reservoir. a & © Zogiopoulos and Associates LOLOFF RESERVOIR CAPACITY The procedure used to measure the capacity of the Loloff Reservoir required the execution of a precise topographic survey where elevations were taken at inter- vals as often as every ten feet (10') horizontally, where the terrain dictated, but not less than every 100 feet in flat areas. This resulted in a very accur- ate determination of volume and water surface area relative to water surface elevation. All elevations are USGS elevations relative to the Bench Mark JR1 Elevation 4619.72 as shown on the Loloff Reservoir topography map. Figure 2, in the Exhibits, is the result of our investigation as to the capacity of the subject resevoir. The water surface elevation is shown on the left side of the graph. The solid line is the Volume line measured on the bottom scale, while the water surface area (i.e. the dashed line) is measured on the top scale. The gauge height on the right side of the graph is the gauge at the gaug- ing station on the Lower Latham Extension Ditch near the North end of the Reser- voir, thereby equating elevation to gauge reading for easy reference. The 2.0 foot mark is equal to a USGS elevation of 4615.97 feet. Figure 3, in the Exhibits, is a more detailed study of the Loloff Reservoir cap- acity in relation to the Lower Latham Extension Ditch operation. The subject re- servoir is considered empty of all useable water at Elevation 4613.3. The ditch low water elevation of 4613.8 produces ten (10) acre foot of storage and the ditch high water level elevation 4615.5 creates a volume of 52.9 acre foot of volume. Therefore, between the high and low water elevations of the ditch, a difference of 1.7 feet, a useable water storage of 42.9 Acre Foot is derived in this manner. The maximum elevation to which the reservoir can be filled is 4616.0 at which time, the water overflows at the South end and makes it's way back into the ditch. The maximum capacity of the reservoir is 67.6 Acre Foot at this point. © Zoyiopoulos and Associates 0 Table 1, in the Exhibits, shows the capacity and surface area for various eleva- tions in digital form, as derived from the curves in Figure 1. cr.nj6 - 63&O © Zoyiopoulos and Associates 0 WATER LATHAM EXTENSION DITCH The plan and profile sheet, which can be found in the map packet of Exhibits, shows approximately 2.2 miles of ditch which was surveyed for distance and ele- vations as shown. The elevations of the high and low water marks were taken at all structures and the ditch bottom elevations is shown where it was accessable. From this information, it was possible to derive the high and low operating le- vels of the ditch in the vicinity of the Inloff Reservoir. These elevations were used to then determine the useable storage capacity of the reservoir as discussed earlier. Table 2, is a derivation of the approximate flow capacity of the ditch versus depth of flow. Table 3, is an estimate of the time required to fill the reservoir at various filling rates. Se —— 03a-Q 0 Zogiopoulos and Associates 0 SUMMARY In general, it can be said that the subject reservoir is an ideal site for the proposed storage of irrigation water as a means of stabilizing the water flow in the ditch and capturing historical runoff for use as irrigation water. It remains to be determined, whether or not the available capacity as presented is economically feasible, since the capacity is relatively small. It may be pos- sible to modify or increase the capacity in excess of what it is presently. Mod- ification would prove costly, since a cubic foot of excavation could have to be traded for a cubic foot of water storage. Our recommendation is that if control structures are put in so that the Reser- voir can be utilized, there should be two (2) structures put in, instead of one (1) . There should be an inlet structure and check combination near the gauging station at the North end of the Reservoir and a release structure at the South end of the Reservoir with the ditch renaming in operation in between. The break in the berm should be repaired. This approach would allow maximum flexibility and storage capacity to be derived from the Lnloff Reservoir. We recommend also that your attorney look into the legal ramifications of such water storage and the capture of storm runoff to be used for agricultural irri- gation purposes. It is our hope that this study will assist the Board in making it's decision as to whether to proceed or abandon the envisioned project and purchase of the site. °6 0346 OZogiopoulos and Associates EXHIBITS o?qne --63a ® VALLEY VIO SCHOOL QUADRANGLE a N o�0 h 27 \ 14605 4594 • 4697 26 25 46/0— --d620 �� ° _ -�� Well 's �. 3� ?• — — f, \ moo _ o �cSy f' O �s0 4639 ° ,4592 �A, n / y U... ,n, fi ,d,+' - _ac / ' y' -- _ ssx 36 v x m .a s k `7._ Ir �,,,,,; r v is +OR•1�< S 4626 - �. -ass . . _ ( s a / i="• ••• 4607 • ?o \I._ ii \ i � 3 a6s/k — . 1 r ,� 1• Flume a •II 4644 •aya62aa Creek _ I 'I• 11 /,, ar1 i '� .s.,,0� 1i/ FIGURE I DRAINAGE BASIN _ 'h4678 1C�'�, %3/ LOLOFF RESERVOIR � 920 ACRES � aj --o&O 0 0 SURFACE AREA ( Acres) 20 212 24 2$ 28 310 4616 / 2- — / - - / / / / I - / 4615 / 1.0_ - / w p - / - / a I- - / 0 - > - W - \' 0 w //0% / / 4614_ FPS' 0.0_ / i i i 4613 . . . 10 20 30 40 50 60 VOLUME ( Acre Feet) LOLOFF RESERVOIR FIGURE 2 2-12-81 ZOYIOPOULOS SASSOCIATES - SURFACE AREA ( Acres) 20 22 24 I 216 I 28 310 4616 RESERVOIR MAXIMUM HIGH WATER LEVEL EL. :4616.0 / VOLUME = 67. 6 ACRE FT. -�-2 / _ / / - - / - - / _ DITCH HIGH WATER LEVEL EL. = 4615.5 -- VOLUME = 52.9 ACRE FT. - / - - / I- - - / _ / 0 / 4615 _ z I- / UJ I.0_ o- - w _ / 1- 1. / - J " / Q/ a _ W 0 / NSA\ / > - _ - t & // La aLL /cP - LLI yI` /R. 0 �o / G 4614_ ,�F 0.0_ /�yJ- DITCH LOW WATER LEVEL __ _ / EL. = 4613.8 VOLUME = 10.0 ACRE FT. _ / / -V-. ..-- - i -- i USE ABLE VOLUME = 42.9 ACRE FT. - 4613 1 , 1 • , . . 1 . , . . . . . , , 1 . . . . . . . . . 1 . . . . . . . . . 1 . . . . , . . . , 1 . , . . . . . . 1 . . . . 1 . . 10 20 30 40 50 60 VOLUME ( Acre Feet) LOLOFF RESERVOIR USEABLE WATER STORAGE FIGURE 3 2-12-81 ZOYIOPOULOS &ASSOCIATES © Zogiopoulos and Associates TABLE 1 LOLOFF RESERVOIR CAPACITY GAUGE (ft.) ELEVATION (ft.) VOLUME (ac.ft.) SURFACE AREA (ac.) 2.0 4616.0 67.6 30.17 1.9 4615.9 64.4 29.83 1.8 4615.8 61.5 29.54 1.7 4615.7 56.3 29.26 1.6 4615.6 54.8 28.94 1.5 4615.5 52.9 28.66 1.4 4615.4 50.0 28.32 1.3 4615.3 47.1 28.00 1.2 4615.2 44.4 27.62 1.1 4615.1 41.7 27.26 1.0 4615.0 39.1 26.78 0.9 4614.9 36.5 26.50 0.8 4614.8 33.9 26.10 0.7 4614.7 31.4 25.72 0.6 4614.6 28.9 25.32 0.5 4514.5 26.3 24.90 0.4 4614.4 23.9 24.43 0.3 4614.3 21.4 24.00 0.2 4614.2 19.0 23.52 0.1 4614.1 16.8 23.05 0.0 4614.0 14.4 - 22.55 4613.9 12.2 22.10 4613.8 10.0 21.58 4613.7 7.9 21.02 01)6 -03.'D © Zoyiopoulos and Associates 0 TABLE 1 (Con't.) GAUGE (ft.) ELEVATION (ft.) VOLUME (ac.ft.) SURFACE AREA (ac.) 4613.6 5.7 20.40 4613.5 3.7 19.78 4613.4 1.9 19.05 4613.3 0.0 18.2.2 -0.�� Otoyiopoulos and Associates TABLE 2 LOWER LATHAM EXTENSION DITCH CAPACITY Hydraulic Gradient - 0.00029 Ft./Ft. DEPTH (ft.) AREA (sq. ft.) FILM (cfs) VELOCITY (ft./sec.) 2.5 51.3 83.6 1.6 2.4 49.0 78.0 1.6 2.3 46.7 72.6 1.6 2.2 44.4 57.4 1.5 2.1 42.2 62.4 1.5 2.0 40.0 57.5 1.4 1.9 37.8 52.7 1.4 1.8 35.6 48.2 1.4 1.7 33.5 43.8 1.3 1.5 31.3 39.6 1.3 1.5 29.3 35.5 1.2 1.4 27.2 31.7 1.2 1.3 25.1 28.0 1.1 1.2 23.0 24.5 1.1 1.1 21.0 21.2 1.0 1.0 19.0 18.1 1.0 c,,, sOG r_ p Zogiopoulos and Associates O TABLE 3 LOLOFF RESERVOIR FILLING TIME 42.3 ACRE FOOT FILLING RATE (cfs) FILLING TIME (hrs.) 5 102.4 10 51.2 15 34.1 20 25.6 25 20.5 30 17.1 35 14.6 40 12.8 45 11.4 50 10.2 55 9.3 60 8.5 65 7.9 70 7.3 75 6.8 a Report Date: 07/19/2005 10:56AM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R4177286 ASSESSED TO: ECKHARDT JAMES D& SALLY ORR 24205 WELD CO RD 57 KERSEY, CO 80644 LEGAL DESCRIPTION: 9555 PT W2SW4 35 5 64& PT W2NW4 35 5 64 WITHIN THE HIGH WATER CONTOUR LN OF THE LOLOFF RES (2A M/L)AS DESC IN BK 1649 PG 543 EXC BEG W4 COR OF SEC THENCE S1154' N80D55'E 71.29' N17D58'E 592.68' N09D09'E 582.77'THENCE N89D26'W 346.16'TO BEG ALSO EXC UPRR RES (2.20R 27L) PARCEL: 096335000025 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2004 TAX 56.84 0.00 0.00 56.84 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 07/19/2005 0.00 ORIGINAL TAX BILLING FOR 2004 TAX DISTRICT 0738 - Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 19.957 18.36 AGRICULTUR 3,156 920 SCHOOL DIST RE7 24.187 22.25 NCW WATER 1.000 0.92 TOTAL 3,156 920 CCW WATER 0.703 0.65 CWC WATER 0.000 0.00 CCS WATER 3.518 3.24 PLATTE VALLEY FIRE 2.415 2.22 AIMS JUNIOR COL 6.328 5.83 WELD LIBRARY 3.249 2.99 WEST GREELEY CONSERVATION 0.414 0.38 TAXES FOR 2004 61.771 56.84 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 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 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 Date_7A%//e2__S". Report Date: 05/11/2006 08:22A WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R4177286 ASSESSED TO: ECKHARDT JAMES D&SALLY ORR 24205 WELD CO RD 57 KERSEY, CO 80644 LEGAL DESCRIPTION: 9555 PT W2SW4 35 5 64 & PT W2NW4 35 5 64 WITHIN THE HIGH WATER CONTOUR LN OF THE LOLOFF RES (2A M/L)AS DESC IN BK 1649 PG 543 EXC BEG W4 COR OF SEC THENCE S1154' N80D55'E 71.29' N17D58'E 592.68'N09D09'E 582.77'THENCE N89D26'W 346.16'TO BEG ALSO EXC UPRR RES (2.20R 27L) PARCEL: 096335000025 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2005 TAX 71.00 0.00 0.00 71.00 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 05/11/2006 0.00 ORIGINAL TAX BILLING FOR 2005 TAX DISTRICT 0738 - Authority Mill Lev Amount Values Actual Assessed WELD COUNTY 17.900 21.47 AGRICULTUR 4,141 1,200 SCHOOL DIST RE7 23.812 28.58 --------------- ------_----_-- NCW WATER 1.000 1.20 TOTAL 4,141 1,200 CCW WATER 0.607 0.73 CWC WATER 0.000 0.00 CCS WATER 3.350 4.02 PLATTE VALLEY FIRE 2.438 2.93 AIMS JUNIOR COL 6.357 7.63 WELD LIBRARY 3.281 3.94 WEST GREELEY CONSERVATION 0.417 0.50 TAXES FOR 2005 59.162 71.00 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 V� LD 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. Date . / /— c)6 REFERRALS W/O COMMENTS REFERRAL LIST Name: James & Sally L..i Eckhardt Case RE-4196 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 _Frederick _Airport Authority _Firestone _Galeton F-6 _Building Inspection _Fort Lupton _Hudson F-7 X Code Compliance_S.-Ann_N-Beth _Frederick _Johnstown F-8 Kim Ogle (Landscape Plans) _Garden City LaSalle F-9 _ _Lin (Addressing Change of Zone) _Gilcrest Mountain View F-10_ _Ambulance Services _Greeley _Milliken F-11 _Grover _Nunn F-12 State _Hudson _Pawnee F-22 Div._ of Water Resources _Johnstown Platteville F-13 _Geological Survey _Keenesburg X Platte Valley F-14 _Department of Health X Kersey _Poudre Valley F-15 Department of Transportation _LaSalle _Raymer F-2 _Historical Society _Lochbuie _Southeast Weld F-16 _Water Conservation Board _Longmont _Union Colony F-20 _Oil &Gas Conservation Commission _Mead _Wiggins F-18 _Milliken _Windsor/Severance F-17 Division of Wildlife _New Raymer _South Hwy 66(Loveland) _Northglenn _North Hwy 66 (Greeley) _Nunn _Division of Minerals/Geology _Pierce _Platteville Commissioner Soil Conservation Districts _Severance _Big Thompson/FTC _Thornton _Boulder Valley/Longmont _Windsor _Brighton/SE Weld Centennial Counties X Greeley/West Greeley _Adams _Platte Valley _Boulder _West Adams _Broomfield _Little Thompson _Larimer Federal Government Agencies Other _US Army Corps of Engrs X School District RE-7 _USDA-APHIS Vet Service _Central Colo. Water Cons _Federal Aviation Admin (Structures _RR over 200 ft or w/in 20000 ft of Pub X Lower Latham Ditch Airport Company Federal Communications Comm _Art Elmquist(MUD Area) Sep 07 05 07: 54a TOWN OF KERSEY (9701353-2197 p. 1 .00 P*11) 4+:'I' Weld County Referral Illilige. July 26, 2005 COLORADO The'Neld County Department of Planning Services has received the following item for review: Applicant James &Sally Orr Eckhardt Case Number RE-4196 E Please Reply By August 24, 2005 Planner Michelle Martin c Project Recorded Exemption Legal Part W2 SW4 Section 35,T5N, R64W of the 6th P.M.,Weld County, Colorado. Loi ation North of and adjacent to CR 50; east of and adjacent to CR 57. For a more precise location, see legal. Parcel Number 0963 35 000025 i..i. 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 d. , We have reviewed the request and find no conflicts with our interests. ] See attached letter. Coi nments: Signature ( 1 / / Agency �e--01 /i�� Date +Weld County Planning Dept +91810"Street Greeley,CO.80631 +(970)353-6100 exL3540 +(970)304-6498 fax \ \ • ' t::,t416 \ 11111 Weld County Referral lifikJuly26, 2005 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant James & Sally Orr Eckhardt Case Number RE-4196 Please Reply By August 24, 2005 Planner Michelle Martin i Project Recorded Exemption i Legal Part W2 SW4 Section 35, T5N, R64W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 50; east of and adjacent to CR 57. For a more precise location, see legal. i Parcel Number 0963 35 000025 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. ❑ �INe have reviewed the request and find that it does/does not comply with our Comprehensive Plan zrWe have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: • " xL r�> Z n2 1�ant,f�l� r and C�lc� -c Ica/ 7O -1 1�L�7 0423 1.-0-t4-1 rto 44.(2„,„..,... ...4;j1._ CJ Signature 11„g-66 Agency 176--17L11 6/17/.2-6�1 t r" Date V •.•Weld County Planning Dept. +918 10"'Street Greeley, CO.80631 •3(970)353-6100 ext.3540 (970)304-6498 fax c CO - 03aa REFERRALS W/COMMENTS 6 ;:::141 A a • County Referral 1-" IltED July 26, 2005 AUG 1 2005 COLORADO WELD COUNTY PUBLIC WORKS D P The Weld County Department of Planning e ► - - = - -. . • following item for review: Applicant James &Sally Orr Eckhardt Case Number RE-4196 Please Reply By August 24, 2005 Planner Michelle Martin Project Recorded Exemption Legal Part W2 SW4 Section 35, T5N, R64W of the 6th P.M.,Weld County, Colorado. Location North of and adjacent to CR 50; east of and adjacent to CR 57. For a more precise location, see legal. Parcel Number 0963 35 000025 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 U We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature /144/ GGl(7eY - j -06- Agency Pcc� �, Date ❖Weld County Planning Dept. +918 10th Street Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax 034-- C) MEMORANDUM TO: Michelle Martin, Planner II DATE: August 24, 2005 FROM: Donald Carroll, Engineering Administrator ' Weld County Planning Department SUBJECT: RE-4196, James & Sally Orr Eckhardt GREELEY OFFICE COLORADO AUG 2 6 2005 REcEIv The Weld County Public Works Department has reviewed this proposal. Our comments an require s are as follows: COMMENTS: Weld County Road Classification Plan (FHU): (June 2002) WCR 57 is a local gravel road and requires a 60-foot right-of-way at full build out. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. If the right-of-way cannot be verified, it shall be dedicated. WCR 50 is a local gravel road and requires a 60-foot right-of-way at full build out. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. If the right-of-way cannot be verified, it shall be dedicated. REQUIREMENTS: The Weld County Public Works Department recommends approval of this application. Road Access Policy: (Policy Established Sec. 8-2-10) Direct access from a public road will be limited to one (1) per legal parcel, except as further limited or restricted by zoning or subdivision regulations. Additional accesses may be approved by the Department of Public Works or the Board of County Commissioners. This policy shall apply to all new and existing accesses within the unincorporated areas of the County. Properties within municipalities or other counties which access County roads are subject to this policy. If a drainage culvert is required, a 15-inch corrugated metal pipe is the County's minimum size requirement. If the applicant chooses to place a larger culvert, please contact the Public Works Department to adequately size your culvert. The access shall be placed in such a location to have adequate sight distance in both directions and not below the crest of a hill or where physical obstructions are present. 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. pc: RE-4196 M:IPLANNING-DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-4196.doc - 1 - WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-6497 Road File#: 5O 5 7 Date: ?')_7-65- RE # : 271/'‘ Other Case#: 1. Applicant Name James 0. czvnd 54Ily Orr Eck - ct -d Phone g7D -356- 1530 Address u711Jo5 W G T2 ,ri 7 City I<t? rS e J State Zip gO6 4 it 2. Address or Location of Access Section 35 Township 5 Range 64 W Subdivision Block Lot Weld County Road #: 57 Side of Road E Distance from nearest intersection 2i- r nfrrsc i? 3. Is there an existing access to the property? Yes ✓ No #of Accesses 4. Proposed Use: �° ❑ Permanent �'. Residential/Agricultural O Industrial ❑ Temporary ❑ Subdivision U Commercial ❑ Other ********,*************.************************* *..**..****..**..**..*.**.** 5. Site Sketch WCR 5z Nc 791r-cue-h road , Legend for Access Description: N AG = Agricultural V) RES = Residential c}` O&G = Oil&.Gas 01 D.R. = Ditch Road T D = House .A b =PSroposed Access • = Existing Access t tt6 3 66 L Ouirly bd. .5O Nfi ********..*******...........***....************ OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title: -7- M em o ran d Planning Department wg GREELEY OFFICE �I TO: W.C. Planning, Michelle Martin AUG S 2005 O DATE: August 5, 2005 RECEIVED FROM: , EH Services, beborah Blandin COLORADO CASE: RE-4196 APPLICANT: James & Sally Orr Eckhardt 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. clime b. co Weld County Planning DepartWeld County Referral GREELEY OFFICE AUG X 8 2005 July 26, 2005 COLORADO RECEIV ED The Weld County Department of Planning Services has received the following item for review: • Applicant James & Sally Orr Eckhardt Case Number RE-4196 Please Reply By August 24, 2005 Planner Michelle Martin Project Recorded Exemption Legal Part W2 SW4 Section 35, T5N, R64W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 50; east of and adjacent to CR 57. For a more precise location, see legal. Parcel Number 0963 35 000025N.., 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 "' OS Agency \"/ G (j Date :Weld County Planning Dept. •.•918 10'"Street Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax Applicant : James & Sally ES , iardt Orr Planner : Michelle Martin Case# : RE -4196 r\--21::,1 45 44 1 47 _ 4 WCR 57 f ;F FI. 0.4 0 0.4 0.8 Miles Weld County Referral Map iv Highways AiMajor Roads ALocal Roads \ / tsif Railroads 'k i E AN Streams & Ditches Lakes Floodplains S i ef) ! . w (no C a) E a) E a) o a N U ETo fi c o o a) O Q 5, E U) a) < c m O Q U) = E4_ a) co a) �•- . D c cr — 0 a) c rn o >, E m U) O c •L J .L O O O O a) a3 a zzzz >- a) c - , C as C CO O -c o al .- (n U � U H mar co >, a M3 4-• 8a CD • a) -c L — a) N Q > O a (I) _ CO C75 W C!) O 03 _ •c a) Q a c a o a D ()EE :2 ° ®a) a) r co OO O m > o L O (n co En (n m p O rn ++ U) O ODi +-,a 00 C C ma E c 0 (D) O O CO p c a) ( co >,o o V � � > � a� � a) a) °� o O u) ( ) c) cn TS rn EL) _ cts O C Q) y c Cu o c p a) v S - E 0 a wz di N -c _42a) a) m a as O CD L ' L- U) +-' U _ n a) 30 ' C C ._ �[ O v, O 0 (U. > a) a) -D U LLI c a`) a) rr cc Si L- x � � � E >, o L cn w w (n ( ) (7) E N E O a cu At co N (n a) al CO N O J E C y — c w C � O Go r U a.tucc >, cocv r N — -p >, u) U? co c o a) O I N o a) >, >, }, U L m O � w/ CU O o o .cC0 CO CO CD a) W "7 G LLC7JJLL c5 E U CDa) U 4 L _ CO CU z 0 •� ( ) ID �p > >, A Yu E -i-+ .O O nu) a) a) a) a) o aj N L ¢ 0OOO O ct - Z U ao `r � v � v a Q ° - D o a co a m >E•, a) ca — OQa- Cl) F- -O0 I 111 0 . r • 4.--Thall Weld County Planning Deparifi�fit`�ld County Referral GREELEY OFFICE Vilipe, AUG X 4 2005 July 26, 2005 COLORADO RECEIVED The Weld County Department of Planning Services has received the following item for review: Applicant James &Sally Orr Eckhardt Case Number RE-4196 Please Reply By August 24, 2005 Planner Michelle Martin Project Recorded Exemption Legal Part W2 SW4 Section 35, T5N, R64W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 50; east of and adjacent to CR 57. For a more precise location, see legal. Parcel Number 0963 35 000025 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. 1 U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. a( See attached letter. Comments: q:// Signature 9 August 1, 2005 Agency Platte Valley School District RE-7 Date +Weld County Planning Dept. +918 10th Street Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax 0 6) /atte 9)a/ley ic/ ooI WELD COUNTY DISTRICT RE-7 P.O. BOX 485 - KERSEY, COLORADO 80644-970/336-8500- FAX 970/336-85 I I E.GLENN McCLAIN,SUPERINTENDENT August I, 2005 Weld County Planning Department • 1555 N. 17th Avenge Greeley, CO 80631 RE: Land Dedication—Eckhardt—RE-4196 The Board of Education of Platte Valley School District, Weld RE-7 passed the land dedication, cash-in-lieu policy at the March 13, 2000 meeting. This policy addresses new developments and recorded exemptions that would affect the district. The policy is specifically intended for land use that will create a new residence. A cash-in-lieu payment is required for each new residential lot. This policy is an effort to assist the district in mitigating the increasing capital cost of growth. Please • forward this information to potential land developers and• individuals requesting recorded exemptions so that they may make arrangements with the school district to satisfy the requirements of the policy. The district also requests that the land developer contact the school in regard to transportation. If the intended use is for a residence then consideration for a school bus stop needs to be examined. Please contact my office if you have any questions. Sinc ely, E. Glenn McClain, Jr. Superintendent • Chi6 a_iccatiort. . . 2.11, g/ocup 40, 62/1, A Matte Sfalley ( Schools- WELD COUNTY DI51 KILT RE-7 P.O. BOX 485 - KERSEY, COLORADO 80644-970/336-8500- FAX 970/336-85 I I E.GLENN McCLAIN,SUPERINTENDENT February 1, 2006 James & Sally Orr Eckhardt 24205 County Rd. 57 Kersey CO 80644 RE: Land Dedication—RE-4196 Platte Valley Schools is in receipt of$750.00 for the above referenced property. Sincerely, is Freemyer Executive Secretary IM Scitteation4 . . attic/Your-4k. On, J:. RESOLUTION OF THE BOARD OF EDUCATION OF PLATTE VALLEY SCHOOL DISTRICT RE-7 WHEREAS, growth in residential land development and the construction of new residential dwellings within the boundaries of the Weld County School District -7 (the "District")necessitates the acquisition of additional public school sites to accommodate the corresponding increases in student populations; and WHEREAS, requiring land dedications for public school sites,or payments in lieu of land dedications will provide a portion of the land to meet such demand; and WHEREAS, planning departments within the various local governments that have territory within the District rrfrr;Ipplitattlituu:s Nlatiag to J1Cw development for review and comments concerning the adequacy of public school sites and facilities; and WHEREAS, local governments are encouraged and authorized to cooperate with other units of government, pursuant to Section 29-20-105,C.R.S., for the purpose of planning or regulating the development of land, including,but not limited to, the joint exercise of planning, zoning,subdivision, building, and related regulations;and WHEREAS, in an effort to promote further cooperation between the District and other local governments in connection with the issuance of residential land development approvals,and in the mitigation of the impacts of such residential land development approvals on the District's ability to provide adequate school,the District has determined to adopt a uniform policy with respect to its recommendations to such local governments in the referral process; and WHEREAS, the District has determined that the mitigation of the impacts of such residential land development approvals should occur through the dedication of land for school sites, or the payment of funds in lieu of such dedication; and WHEREAS, the policy set forth within constitutes a reasonable and uniform method of ensuring that new residential construction and residential development bear a proportionate share of the cost of public school sites acquisition necessary to accommodate the educational service capacity demands of the residents who will be living in the new dwelling units; NOW, WHEREFORE, the Board of Education of Weld County School District RE-7 hereby results as follows: AdinlIMMEN 1. Cooperation with Local Governments Encouraged. The ability of the District to provide adequate educational opportunities for its student population is depenant upon, among other matters, the availability of adequate land, or in the alternative the availability of funds to purchase adequate land. Since the approval of residential land development applications by local governments with territory within the boundaries of ,the District substantially impacts the District's ability to meet its obligations to the public, the District shall encourage and request that such local government entities refer to the District all residential land development applications for review and comments concerning the adequacy of public school sites and facilities. Further,the District shall encourage and request that such local government entities consider the District's/ comments in conjunction with the review and processing of each individual residential development application,and cooperate with the District in regard to the mitigation measures established in this Resolution. The District shall promptly review the referred development application and promptly submit its comments, recommendations and requests consistent with the policy set forth in this Resolution,to the appropriate local government. 2. Land Dedication Requirements. In connection with any pending or new application for residential land development to any local government with territory within the boundaries of the District,the District shall recommend and request that the following land dedication standards be imposed by such local government as a condition of development approval, except to the extent that the District,through its Superintendent or designee,has determined that the best interests of the District would be served by the payment of the fees set forth in paragraph 3 hereof, in lieu of such land dedication. Land shall be dedicated to the District in an amount equal to the greater of: (a) 10 percent of the total size of the approved development,or(b)calculated at the rate of two acres for every 1,000 new residents reasonably projected by the District for the development. 3. Fees in Lieu of Dedication. In the event the District, through its Superintendent or designee,determines that dedication of land is not in the best interests of the District, the District shall recommend and request that the following fees be paid in lieu of such land dedication,as a condition of approval of the development application by the local government. The fees shall be calculated as follows: (a)$750 for each new single-family residence;(b)$585 for each unit in a duplex or triplex; and(c)$420 for each unit in a multi-family structure other duplexes or triplexes. 4. In-Kind Contributions. The District shall be authorized to accept in-kind contributions in satisfaction of the requirements set forth in either paragraph 2 or 3 hereof, provided that such in-kind contributions represent a fair equivalent in terms of the value which would otherwise be realized under the policy set forth in such paragraphs. 5. Land Dedication Procedures. In the event that the District determines that land should he dedicated to the District, the District shall recommend and request that before recording the final plat for any development,that the local government require proof that the property owner has conveyed title to the District by general warranty deed, free and clear of all liens,encumbrances and exceptions(except those approved in writing by the 2 District), including, without limitation, real property taxes,which shall be prorated to the date of the conveyance. The property owner shall also provide a title insurance commitment and policy in an amount equal to the fair market value of.the dedicated property. 6. Fees in Lieu of Dedication Procedures. In the event that the District determines that fees should be paid in lieu of dedication of land,the District shall recommend and request that before recording the final plat for any development,that the local government require proof that the property owner has either paid in full to the District the applicable fee based on the total number of residential units proposed for the development, or alternatively,that an agreement has been signed between the District and a party in interest acceptable to the District which provides for a means of payment of such fees upon such terms and conditions as the parties may mutually agree upon. It shall be an acceptable method of payment, for purposes Of such agreements, for the fees to be paid as building permits are issued. 6. Exemptions. The District has determined that the following types of residential development do not have an adverse effect on the District's ability to provide adequate educational facilities; accordingly they are exempt from land dedication requirements or fees to be paid in lieu of land dedication: (a)alteration or expansion or replacement of a residential dwelling unit not exceeding an increase of 1000 square feet over the existing dwelling;(b)assisted living facilities for the elderly;(c) construction of any building or structure intended for and used for limited terms stays,including by way of example and not by way of limitation,bed and breakfasts, hotels, family-care or group-care homes, hoarding or rooming houses,nursing homes, hotels, motels or hospices;(d)construction of any non-residential building or structure; and(e) construction of any residential building or structure classified as housing for older persons,pursuant to the Federal Fair Housing Act then in effect 7. Use of Funds. The District shall hold or deposit in trust for public school sites all lands or funds it receives in connection with the application of the policy set forth in this Resolution. With respect to funds received,the District shall use such funds solely for acquisition, development,or expansion of public school sites or for capital facilities planning,sites acquisition,or capital outlay purposes. The timing,nature, method and extent of such planning, acquisition, development or outlay shall be at the discretion of the District. 8. Accounting for Dedications or Fees. The District shall cause to be included within its annual audit a summary and description of the status of receipts of land or fees in lieu of land dedication,so that full disclosure of the District's activities with respect to such receipts may be made public. 9. Further Actions. The District hereby authorizes its Superintendent, and such other employees,agents or consultants of the District as the Superintendent shall so designate, to proceed to contact local government entities with territory located within the boundaries of the District in order to inform such entities of the District's adopted policy, 3 O2, -a3. Further,in order to ensure the long-term integrity of the policy set forth in this Resolution, such parties are authorized to proceed to negotiations with such entities directed towards achieving a formal written agreement with respect to the cooperation between such local governments and the District ADOPTED THIS 13 DAY OF Ma r c h , 2000. PLATTE VALLEY SCHOOL DISTRICT WELD COUNTY RE-7 By: President,Board of Education ATTEST `e Yrvz By: Secretary, Board of Education 4 • 0 • a April 2, 2004 Weld County Planning Department 1555 N. 17th Avenue Greeley, CO 80631 RE: Land Dedication The Board of Education of Platte Valley School District, Weld RE-7 passed the land dedication, cash-in-lieu policy at the March 13, 2000 meeting. This policy addresses new developments and recorded exemptions that would affect the district. The policy is specifically intended for land use that will create a new residence. This policy is an effort to assist the district in mitigating the increasing capital cost of growth. Please forward this information to potential land developers and individuals requesting recorded exemptions so that they may make arrangements with the school district to satisfy the requirements of the policy. The district also requests that the land developer contact the school in regard to transportation. If the intended use is for a residence then consideration for school bus stop needs to be examined. Please contact my office if you have any questions. Sincerely, E. Glenn McClain, Jr. Superintendent MAPS � -- y ' r ' rl' fir.₹ { • • • °i �� "'�. t c .. ..__._._..:..�....,,,,,v, 4 „ta . ;wsa u / tia , - ,r i{ r' .d, Rif m 1 ti 0, ii Y 7, £s ✓,- x �'' .�, True r -;:,;y e ?+ a'wn ,: .. _ ..W !, ) . , � ..� 1ti- ;.'` . 2 t E - • (•t , ,. '.•:••-i,.. , 1 j�/y�Tq +r .. s f e. r 1�'" ,'.it Iii""�r.- b7 � t red P 1 i' s�Clk ' �pk �y .-�5 a. r. ''.g, 7‘ri.','4'''''''':':;..k..'24‘ N /. tax e ' . 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ECKHARDT AND SALLY ORR ECKHARDT FROM THE DEFINITION OF "SUBDIVISION" AND "SUBDIVIDED LAND". WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home c.) c� Rule Charter, is vested with the authority of administering the .-a affairs of Weld County, Colorado, and N WHEREAS, the Board of County Commissioners of Weld County, o Colorado, has reviewed the request of James D. and Sally Orr Eckhardt for an exemption of land transferred to them from the definition of "sub- division" and "subdivided land" in Section 30-28-101(10) , • ' CRS 1973, as amended, and in Section 2-1 of the Weld County Filil `" Subdivision Regulations, and WHEREAS, the Board finds that the contemplated transfer does not conflict with the intent of the Weld County Compre- hensive Plan and will not have an adverse impact on the existing use of the land, and WHEREAS, the Board has considered the recommendation of the Department of Planning Services on this matter and has reviewed information submitted by the applicant. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners, Weld County, Colorado, that the transfer of certain lands located in the South Half of the Southeast Quarter of Section Thirty-four, Township 5 North, Range 64 West of the 6th P.M. , and that part of the Southwest Quarter of Section Thirty-five, Town- ship 5 North, Range 64 West of the 6th P.M. , more particularly described as follows: Beginning at the Southweetocorner of said Section 35, in said town- shin ands range; thence South 09 41' 20" Past ,209.50 feet along the South line of raid section 35; thence North 07 03' 50" W t 322.74 feet; thence Worth 28 38' 20" klcn 290.70 feet; thence North 18 08' 20" Wes �li 109.51 feet; thence North 12 41' 00" l:ns 343.75 feet; thence North 23 31' 00" Fort 30.96 feet; thence North 17 26' 10" Fast 909.41 feet; thence North 5? 40' li0" Eon 60.53 feet; thence North 00 10' 40" East 390.70 feet; thence North 30 01' 20" Wee 00.97 feet; thence North 02. 40' 50" Wert 7.77.30 feet; thence South 72 36' 10" West 293.49 feet; ' thence North 090 26' 50" test 019.67 feet toothy West :.quarter Corner (1,! Cor. ) of said Section 35; thence South 00 00' 00" Font along tho Went line to the southwest corner of sa.ld Section 35 and the True Point of be- ginning, containing; exactly 64.13 acres, together with 10.95 shores of the capital stock of The Farmers Reservoir and Irrigation Company and two (2) shares of the capitol stook of the policy Lateral Ditch Company, and any end all other ditch, water, .irrigation and drnInn;;e rights ❑ppertainin„ to the said lend. E>;CFPTINQ, however, one half of all oil, gas and other minerals heretofore reserved. 770718 • 0cr3-SOS ^ '30418 Except any liens and easements of record. Grantees assume and agree to pay the indebtedness to the Federal Land Bank of Wichita, Kansas, as evidenced by a mortgage recorded in Book 1507, Page 224 of the Weld County Records. be, and hereby is exempt from the definition of "subdivision" and "subdivided land" found in Section 30-28-101(10) , CRS 1973, as amended, and Section 2-1 of the Weld County Subdivision Regula- tions, and James D. Eckhardt and Sally Orr Eckhardt desire to transfer 58.050 acres of said above-described tract of land as a equalizer or reservoir site with the condition that it is not to be utilized as a residential building site, as more fully set forth in Tract B described as follows: LEGAL DESCRIPTION - LOT "B" Part of the West Half (W1) of Section 35, Township 5 North, Range 64 West of the 6th Principal Meridian, Weld County, Colorado, being sore particularly described as follows: Beginning at the Southwest Corner (SW Cor) of said Section 35, 'flown- ship 5 North, Range 64 West of the 6th Principal Meridian and assuming the West line of said Section 35 to hear South 00°00'00" East, with all other bearings contained herein relative thereto; Thence South 89°41'20" East, along the South line of said Section 35, 1209.50 feet; Thence North 47°03'50" West, 322 .74 feet; Thence North 28°38'20" West, 290.70 feet; Thence North 18°08'20" West, 189.51 feet; Thence North, 12°41'40" East, 343.75 feet; Thence North 23°31'40" East, 303.96 feet; Thence North 17°26'10" Fast, 989.41 feet; Thence North 57°40'40" Fast, 64.53 feet; Thence North 0001014011 East, 390.70 feet; Thence North 34°41'20" West, 84.97 feet; Thence North 82°40'50" West, 177.38 feet; Thence South 72°36'10" West, 293.49 feet; Thence North 89°26'50" West, 473.51 feet; Thence South 09°09'57" East, 582.77 feet; Thence South 17°58'32" East, 592.68 feet; Thence South 80°55'03" East, 71.29 feet to a point on the West line of the Southwest Quarter (SW1/4) of said Section 35; Thence South 00°00'00" Fast, along said West line, 1490.31 feet to the Southwest Corner (SW Cor) of said Section 35, said point being the True Point of Beginning. c.id described parcel of land contains 58.050 acres, sore or less, in- cluding a strip of yiound 30 feet in width along the South and West lines of said described parcel, reserved for County Road ROW purposes and is subject to any rights-of-way or other easements as rwirded by instruments of record or as now existing on said described parcel of land. and James D. Eckhardt and Sally Orr Eckhardt further desire to main- tain the 6.077 acre parcel which is a separate legal lot and eligible for a building permit for a single family residence, as more fully set forth in Tract A, described as follows: -2- rte_ SUBDIVISION 44-XL VoT/O/y 4/°0963-35-4-SE-45 s 72'.96Y0'7N /"--7:,7B' S'93.49'1 .44'2110%;',-17 705.-:" 4,89-‘,,,--..3--,N: B/9.67' d4 97' 3s¢/6' ." 390.70' ,COT,4 ti ea ..077-ANes �_",� 1,1' Q ;rr c!. ,Q.0.h/, '11. �i /✓sue 4o fo'E ..s-,,..6-3- i1/4 V S ( �q to ,�ti 7' - , yq� h A Ni: ( ! /ll • 1 7/.29' 4? ;}!13'3/90- 1 ,303.96' '\ 8 0 .eDT :8' Df A!/14/=40 CI N 8 .525:0.5-0 r ACPeS 343.7S' -4,/B'08 20'sF/ • -P%., ss/. /99.5t' _Pin 4ana/ 7'9Gke""WV,- a BEG/'Y/Y/iyG Du/ei 49°‘""4-'Y S/✓!or,.S-'c.3S /r.vvq,,7:sv•w QasPd a,7 /i!.s!PO. T_SiY,.PG4h'ii .rz27.P' ,S'Pvey 6-9a7./BD cla un/y ,ed.S'D 1 r 57.49,--faE — /Po9.SO' _JI �, 9 —— n Ou/ne7�: ITI d. ¢20.5//"P/O/�O. ea!S'7 \ 2 z. s /!'P/.rey,egA, X14 1 `2 35�...` a i /Resrroir N ..WC//Y/l/'�f,4P re...4J/-.?4' ioreP?'"a"+,TrcwSe e-479%nteiir,9 DEED LandAmerica Transnation James D. Eckhardt and Sally Orr Eckhardt 24205 Weld County Road 57 Kersey, CO 80644 Case No. TNGR0000713 "WE'RE HERE TO MAKE IT EASY!" Transnation Title Insurance Company 5801 W 11th Street Suite 201 Greeley, CO 80634 9 CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD Transnation Title Insurance 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 SEE ATTACHED EXHIBIT "A" CONVEYANCES (If none appear, so state): Reception No. 1468229 Book 546 Reception No. 1738343 Book 816 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 Transnation Title Insurance Company is hereby limited to the fees paid for this Certificate. In Witness Whereof, Transnation Title Insurance Company, has caused this Certificate to be signed by its proper officer this 10th day of June, 2005, at 7:00 am. Order No. TNGR0000713 Transnation Title Ins ance Company By uthorized Signature File No. TNGR0000713 EXHIBIT A That part of the Southwest Quarter (SW1/4) of Section Thirty-five (35), in Township five (5) North, of Range Sixty-four (64) West of the Sixth (6th) P.M., described as follows: Beginning at the Southwest corner of said Section 35, in said township and range; thence South 89°41'20" East 1,209.50 feet along the South line of said Section 35; thence North 47°03'50" West 322.74 feet; thence North 28°38'20" West 290.70 feet; thence North 18°08'20" West 189.51 feet; thence North 12°41'40" East 343.75 feet; thence North 23°31'40" East 303.96 feet; thence North 17°26'10" East 989.41 feet; thence North 57°40'40" East 64.53 feet; thence North 00°10'40" East 390.70 feet; thence North 34°41'20" West 84.97 feet; thence North 82°40'50" West 177.38 feet; thence South 72°36'10" West 293.49 feet; thence North 89°26'50" West 819.67 feet to the West Quarter Corner (W1/4Cor.) of said section 35; thence South 00°00'00" East along the West line to the southwest corner of said Section 35 and the True Point of Beginning. EXCEPTING THEREFROM a parcel of land conveyed to Carry L. Alford and Constance J. Alford by deed recorded December 9, 1977 in Book 816 as Reception No. 1738343. 4)3-� ti; sow .546 ,Eono.d.e_..JUL 2 0 196' a rWorn IL M • Reception No. .l .f_13 29 • ANN-SPOMElt Recorder. IflltE%Ll1 . .2-1 ._ WIII53 BPE.br, Made this fifteenth day of July In the ' year of our Lord one thousand nine hundred end sixty-five bttween ANDREW GERALD ORR and GRACE ELLA ORR of the County of Weld and State of Colorado,of the , first part,and JAMES D. ECKHARDT and SALLY ORR ECKHARDT _. p of the County of Weld sad State of Colorado, of the • • 0 O second part: WITNR88mTH:That the said parties of the first part,for and In consideration of the sum of u. Other valuable consideration and One Thousand and no/100---Doi.LARs, • to the said part it's of the first part In hand paid by the said parties of the second part, the receipt whereof Is o N hereby confessed and acknowledged, ha ye granted, bargained, sold and conveyed,and by these presents do -., .. a _•`' t gnat, bargain, sell, convey and confirmv N unto the said parties of the second part, to pus not in tenancy in common . M •.;-,,, = but in joint tenancy,the survivor of them,their assign'and the heirs and assigns of such survivor forever,all the lot- lowing described lot or parcel of land, situate,lying and being in the • County of Weld Ind State of Colorado,to-wit: CI' County The South Half (Si) of the Southeast Quarter (SE;) of Section Thirty-four (34), in Township Five (5) North, of Range Sixty-four (64) west of the Sixth (6th) P.M., and that part of the Southwest Quarter --- _ . . (SW:) of Section Thirty-five (35), in Township Five (5) North, of Range Sixty-four (64) West of the Sixth (6th) P.M., described as follows: _ Beginning at the Southwest corner of said Section 35, in said town- ship and range; thence South 89 O 41' 20" East 1,209.50 feet along the South line of s$id Section 35; thence North 47 03' 50" Wept 322.74 feet; thence North 28 38' 20" Wes8 290.70 feat; thence North 18 08' 20" Wes ' 189.51 feet; thence North 12 41' 40" Eas8 343.75 feet; thence North 23 31' 40" East 3q.96 feet; thence North 17 26' 10" East 9$9.41 feet; thence North 57 40' 40" East 64.53 feet; thence North 00 10' 40" East° 390.70 feet; thence North 34 41' 20" Wes8 84.97 feet; thence North 82 40' 50" West 17g.38 feet; thence South 72 36' 10" West 293.49 feet; • thence North 89 26' 50" West 819.67 feet to°the West Quarter Corner (W;Cor.) of said Section 35; thence South 00 00' 00" East along the West - - line to the southwest corner of said Section 35 and the True Point o" be- _ ginning, containing exactly 64.13 acres, together with 10.95 shares of the capital stook of The Farmers Reservoir and Irrigation Company and two (2) shares of the capital stook of the Bailey Lateral Ditch Company, and any and all other ditch, water, irrigation and drainage rights appertaining - to the said land. EXCEPTING, however, one half of all oil, gas and other minerals heretofore reserved. • • J. • . . ' • , I aiiTb %Jug]D-1:—.1.ii7e t p)Jf; r-r. I Ctrs4 • d • .1.4S)r7�.r2 ) ,D•t7a.� ITirJ • Tf:{t 1J� ':li .'J 17�� • i ..•l':.: a _ :"' • Docutivirl,P•Y= JUL20 65 :f FA ri i:arE n n or. err*[e[ 4. 1 TOGETHER with all and singular the hereditamenta and appurtenances thereunto belonging,or in any wise ± T appertaining, and the reversion and reversions, remainder and remainaera, rents, issues and profits thereof; and • all the estate,right,title,interest, claim and demand whatsoever of the said part ICS of the first part,either in • law or equity, of, in and to the above bargained premises,the hereditament;and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with appurtenances, unto the _ said parties of the second part,the survivor of them,the{r assign�y4 dl�be heirs and assigns of such survivor for- • - *a""c`• ever. And the said part of the first part,!o hemsel yes, errs, executors, and administrators, do ,•� covenant, grant, bargain and agree to and with the said parties of the second part, the survivor of them, their ...., assigns and the heirs and assigns of such survivor,that at the time of the ensealing and delivering of these presents, ( they arewell seized of the premises above conveyed, as of good, sure, perfect,absolute and indefeasible estate ‘�. ! of inheritance,in law,in fee simple,and ha ye good right, full power and lawful authority to grant, bargain. �' sell and convey,the same in manner and form aforesaid,and that the same are free and clear from all former and other grants, bargains, sales, liens, razes, assessments and intumbrances of whatever kind or nature ',sever:• Except any liens and easements of record. Grantees assume and agree to pay the indebtedness to the Federal Land Bank of Wichita, of Wichita, Kansas, as evidenced by a mortgage recorded in Book 1507, Page 224, of the Weld County Records. and the above bargained premises in the quiet and peaceable po ion of the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor,against all and every person or persons lawfully claiming or to claim the whole or any part thereof,the said part I e s of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said pat-0.e%!the first part ha we hereunto set their hand S and • • seal the day and year first above written. '-.....7.0;1414/..,,,,s/— ++ 7ry Signed, Sealed and Delivered in the Presence of U / �� .-,I GYi 1/-�^�(SEAL) • ` AAAAAff�,��iiffffflllll W r UII' (SEAL) r ce a rr. (Saks. i �19 day. of - STAT O� C �(YR,;' 'Fs The foregoing instrument was acknowledged before me this _...• L pyof,yrgfd. J _ is, by_--- • �. • O July 6 ANDREW GERALD 0RR_ `�• Q1ARy•••.c' it and GRACEWELLA 0RR. ____ _ j m Wlmaw My Hand and Official Baal / ._ f `• '� M cnmmla.bn Expires 72t�+�r �1.0- /7 -.C--'---- lit Its e o/ c';'-c, • lbws rawia 4; (�° o. 1 - WARRANTY DEED—To Joint Tenants • '• • 'f�` 'I, i i • i x , . _sir 6 D. - -.1 CD `> c�0�� r.' t`i 816 _. ..-.4 • . Recorded at. o'clock._(^' •M., DEC 8..1977 - Reception No 17:383'13 MARY ANN FEUERSTEIN Recorder. PILING STAMP - I THIS DEED, Made this 2nd day of November , ig 77, O I between ,lames D. Eckhardt and Sully Orr Eckhardt I — • • . State Documentary Fee F'1 of the County of Weld and State of • DEC 1071 • ' • t�..t Colorado,of the first part,and Date J CO GARRY L. ALFORD AND CONSTANCE J. ALFORD S. .. 2.,_.‘20 _ 1 ;: : _ En 1_I ti 1803 24th Avenue Place, Greeley, Colorado 80631 • .. ,--i of the County of Weld and State of i e Colorado,of the second part: • t— e0 WITNESSETII, that the said party of the first part,for and in consideration of the sum of ? b- i � eL . ;j Q TWELVE THOUSAND AND NO/100 DOLLARS o and other good and valuable considerations to the said party of the first part in hand paid by the said parties of the p N,_. _.' -1 1,f�' second part, the receipt whereof is hereby confessed and acknowledged,ban granted,bargained,sold and conveyed, .. .,- and by these presents does grant, bargain,sell, convey and confirm unto the said parties of second part, their - 1 ` .' •• V.—r-- heirs and assigns forever,not in tenancy in common but in joint tenancy,all the following described lot or •cr. es i parcel of land,situate,lying and being in the County of Weld and State c� of Colorado to wit: Part of the W'� of Section 35, Township S North Range 64 West of t �, • O 6th P.M.�,�IeldCounty,Colorado,beingg more particularly described as follows: Beginn g I..., at the W Corner of said Sectio6 3. and considering the West line of the SW/ of id I= Section 35, as bearing South 00 00 u0 E8stt wAth all other bearings contained herein relative ther8to; Thence South 00 00 00 East, along Said West line, 1154. feet;Thence North 80 (5'03" East, 71.29 feet;Thence North 17 58'32" East, 592.68 feet; Thence North 0909'57" East, 582.77 feet; Thence North 89°26'50" West, 346.1 feet to the W1 Corner of said Section 35, said point being the Point of Beginning; - - ' ' including a strip of ground 30 feet in width along the West line of said describe -- parcel reserved for County Road Right Of Way purposes. v also known as street and number Vacant Land • 1\ TOGETHER with all and singular the hereditaments rind appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and • all the estate,right,title,interest,claim and demand whatsoever of the said party of the first part,either in law or -"- equity,of,in and to the above bargained premises,with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the ' -- said parties of the second part,their heirs and assigns forever.And the said party of the first part,for himself,his - heirs, executors, and administrators, does covenant, grant,bargain and agree to and with the said parties of the second part,their heirs and assigns,that at the time of the ensealing and delivery of these presents.he Is well seized of the premises above conveyed,as of good,sure,perfect, absolute and indefeasible estate of inheritance,in law,In fee simple,and has good right,full power and lawful authority to grant,bargain,sell and convey the same in manner • and form aforesaid, and that the same are free and dear from all former and other grants, bargains, sales,liens, taxes,assessments and encumbrances of whatever kind or nature soever, general taxes for 1977 and payable in 1978 and except reservations, restrictions or rights—of—way of record, •,• if any. • • .- • and the above bargained premises in the quiet and peaceable possession of the said parties of the second part,the survivor of them,their assigns and the heirs and assigns of such survivor,against all and every person or persona lawfully claiming or to claim the whole or any part thereof,the said party of the first part shad and will WARRANT F. AND FOREVER DEFEND. The singular number shalt include the plural,the plural the singular,and the use of any , -• , gender shall be applicable to all genders. .•` _ , IN WITNESS WHEREOF the said party of the first part has hereunto-set his hand and•'ee the 4ay.lad'year first above written. -• = rr Signed,Scaled and Delivered in the Presence of �'rC'� �~ 1,9EAL1- • 10 _„ STATE OF COLORADO Isa. County of • •--;Si' The foregoing instrument was acknowledged before me this 2nd day of November , 19 77 , t(. by James D. Eckhardt and Sally Orr Eckhardt My Commission expires October 20, , 19 81 . Wltneu my hand and official seal. .moo-�� .. • r Notary Public • `1 NO.92I A• W Aafu 4Tr nY.Y.rI.--Te.1.1011Thus,' II n.IfnrJ!•u1Jl•Mne en.,INtb/e Stout F.I rrel,M over,Colored,' -Y 7e .if.:''.' :',,� y -: 1., flt'IC'�v SI+S. �L'h1.E:if:i✓,Si'it� f 'C.� '9r� h�A W• �,t ly. ,,,,~a '.ede, t s �r,*:;il , r f.r rY // 3 �Ahy �{ y�ti f, t L .. _ ,;,lr.l- '.bA"' '` •t. .ry l a Jy r .-2. �'JS:r 2," ,Batt FA! •tJ, V...,,,....?.",! '.,_ .t.e.... • p fur..N . 1730418 'Amy w.•.. r‘,..•shin. R.co.e., , 4L,c �• Corrects resolution dated May 18, 1977 S RESOLUTION lk- 1 RE: SUBDIVISION EXEMPTION NO. 45 - EXEMPTION OF LAND TRANSFERRED TO JAMES D. ECKHARDT AND SALLY ORR ECKHARDT FROM THE DEFINITION OF "SUBDIVISION' AND "SUBDIVIDED LAND". WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado sta"ute and the Weld County Home _ o Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and • cv WHEREAS, the Board of County Commissioners of Weld County, o Colorado, has reviewed the request of James D. and Sally Orr Eckhardt for an exertion of land transferred to them from the definition of "sub- division" and "subdivided land" in Section 30-28-101(10) , to CRS 1973, as amended, and in Section 2-1 of the weld County a.. LaJ Subdivision Regulations, and WHEREAS, the Board finds that the contemplated transfer does not conflict with the intent of the Weld County Compre- hensive Plan and will not have an adverse impact on the existing use of the land, and WHEREAS, the Board has consid!:red the recommendation of the Department of Planning Services on this matter and has reviewed information submitted by the applicant. NOW, THEREFORE, BE IT RESOLVE; by the Board of County Com- missioners, Weld County, Colorado, that the transfer of certain lands located in the South Half of the Southeast Quarter of Section Thirty-four, Township 5 North, Ramie 64 West of the 6th F.M. , and that part of the Southwest Quarter of Section Thirty-five, Town- ship 5 North, Range 64 West of the 6th P.M. , more particularly described as follows: • Beginning at the Southwest corner of said Section 35, in mild town- ship end range; thence South f39° 41' 20" Fast ,209.50 feet alone; the South line of paid section 35; thence North 47 03' 50" weft 322.74 feet; thence ;worth 28 31 ' 20" Wcn,3 290.70 filet; thence North 1f3 08' 20" Wes8 149.51 feet; thence North 12 41' 40" i:ns 343.75 feet; thence North 23 31' 40" Font )03.96 fe0tiEt hnoncn Gr��rlor'floet; thence 6ONortht00o10'4140e@far.t: thence North 57 40' 53 390.70 feet; thence North 34 41' 20" Wesji 04.97 feet; thence North 82° 140' 50" Went 173.38 feet; thence South 72 36' 10" Wost 293.49 feet; thence North 89 26' 50" Want 819.67 feet to the West Quurter Corner (W,Cor. ) of wild Section 35; thence South 00° 00' 00" Lunt nlonc the went line to tho nouthwcnt corner of moil ;lotion 35 lend the True Point of be- ginning, containing oxnotly 64.13 ecre9, together with 10.95 sharer; of the capital stock of The Formers heeervoit and Irri,ntion Company and two (2) shares of the capitol stock of the Oni'xey Lateral Ditch Company, end any and ell other ditch, water, irrigotior end drninaf;e rights appertaining to the said lnnd. E%CFPTINO, however, ono half of all oil, as end other minerals heretofore reserved. ��. 75 ()Vs- - • 1730418 �� 3• Except any liens and easements of record. Grantees assume and agree to pay the indebtedness to the Federal Land Bank of Wichita, Kansas, as evidenced by a mortgage recorded in Book 1507, Page 224 of the Weld County Records. be, and hereby is exempt from the definition of "subdivision" and "subdivided land" found in Section 30--28-101(10) , CRS 1973, as amended, and Section 2-1 of the Weld County Subdivision Regula- tions, and James D. Eckhardt and Sally Orr Eckhardt desire to transfer 58.050 acres of said above-described tract of land as a equalizer or reservoir site with the condition that it is not to be utilized as a residential building site, as more fully set forth in Tract B described as follows LEGAL DESCRIPTION - LOT "B" Part of the West Half (bI ) of Section 35, Township 5 North, Range 64 West of the 6th Principal Meridian, We'rl Coo y, O,lo.-, -, }being more particularly described as follows: Beginning at the Southwest Corner (SW Cbr) of said Section 35, Town- ship 5 North, Range 64 West of the 6th Principal Meridian and assuming the West line of said Section 35 to bear South 00°00'00" East, with all other bearings contained herein relative thereto; Thence South 89°41'20" East, along the South line of said Section 35, 1209.50 feet; Thence North 47°03'50" West, 322 .74 feet; Thence North 28°38'20" West, 290.70 feet; Thence North 18'08'20" West, 189.51 feet; Thence North, 12°41'40" East, 343.75 feet; Thee North 23°31'40" East, 303.96 feet; Thence North 17°26'10" East, 989.41 feet; Thence North 57°40'40" Fast, 64.53 feet; Thence North 00°10'40" East, 390.70 few:::; Thence North 34°41'20" West, 84.97 fewer! Thence North 82°40'50" West, 177.38 fe',':; Thence South 72°36'10" West, 293.49 fear,:; Thence North 89°26'50" West, 473.51 fe7C; Thence South 09°09'57" East, 582.77 feel=; Thence South 17°58'32" East, 592.68 fert'' ; Trace South 80°55'03" East, 71.29 feet to a paint on the West line of the Southwest Quarter (S W14) of said Se rr_i,on 35; Thence South 00°00'00" East, along omit! West line, 1490.31 feet to the Southwest Corner (SW Oor) of said Section 35, said point being the True Point of Beginning. Said described parcel of land contains 58.050 acres, note or less, in- cluding a strip of ground 30 feet in width along the South and West lines of said 4escribed parcel, reserved for County Road MI purposes and is subject to any rights-of-way or other easements as tee.orued by instruments of record or as now existing on said described parcel of land. and James D. Eckhardt and Sally Orr Eckhardt further desire to main- tain the 6.077 acre parcel which is a separate legal lot and eligible for a building permit for a single family residence, as more fully set forth in Tract A, described as follows: • -2- III III . ' . 1730418 3 3• LEGAL DESCRIPTION - LOT "A" Part of the West Half Oh) of Section 35, It ship 5 North, Range 64 West of the 6th P.M., Weld Canty, Colorado, being more particularly described as follows: Beginning at the West Quarter Corner (mac Cor) of said Section 35, and considering the West line of the Southwest Quarter (Swst) of said Sectirn 35, as bearing South 00°00'00" East, with all other bearings contained herein relative thereto; Thence South 00°00'00" East, along said West line, 1154.00 feet; Thence North 80°55'03" East, 71.29 feet; Thence North 17°58'32" East, 592.68 feet; Thence North 09°09'57" East, 582.77 feet; Thence North 89°26'50" West, 346.16 feet to the West Quarter Corner (W1 Cor) of said Section 35, said point being the Point of Beginning. Said described parcel of land contains 6.077 acres, more or less, including a strip of ground 30 feet in width along the West line of said described parcel reserved for County Road ROW purposes and is subject to any rights-of-way or other easements as recorded by instrurents of record or as now existing on said described parcel of land. _ —, The above and foregoing Resolution was, on motion duly I made and seconded, adopted by the following vote on the 1st day of June, A.D. , 1977. The above and foregoing Resolution was read into the record and signed on the 'st day of June, A.D. , 1977. BOARD OF COUNTY COMMISSIONERS L COUNTY, COI .. O r ....._ _ , , _ s . . . , .. . .. . pea____ . . ... . _ . . r N I 3 yy� 4-� ATT'ESTs /' 1 Weld County Clerk and Recorder and Clerk to the Bo• By # Deputy Crunty C er .- ROV6 ASS_FORM: Vvii.i. a ounty Attorney -3- i • SUBDIVISION £X ,11.°17O/Y /1/20963-35-4-SE-45 X82 40;sO s72&a%D'Yv /77......7.9- 293.¢9' -Y3A4/20ft! [ 36.44/6, iik / 390.70' ,COT �4 , oa ---)6477-"ACres ti o i a� VA) l ro ( \ e ntii a a all a 1\ .‘► ,,.—— NBD°5SD.?E rililli 7/.29' 4? iY23"3/=9D• W 3O3,96' % ,LOT 8 pD Aetes , &'4/1' " h \ S�0522 t /f 3A3.7S.' circa R.O.a/> SC-47/7:/":--$ 7' /K/B`082D- 0 -,o n sc./ /6'9.5/' In -10/%7 Warn/ ./V2.:5'..949 -10-.i- 290.70' /e: 7.P1/E AO/NT OF BEG/'Yiy//yG Dufer. BoU" 4y .51/t'Cor,...rec..35 iy47°03:577 w epsed 0/? /Y//PQ. r_ cA/ if 6-1/f( _g -,..,-,-' survey 6'x2./BD Go u/v�r Ra<.$D S'g9 S j/2o E — /209_se,' j — _—— OWr7Brs :it ✓7 e 22 c-5' ar f ins � a� c' �"c.Ffi d I ir .. ,. S I N: ,1 '/ 99, C'%. 49061- 7‹: \.... h 35.-----`-.... 4, e s l,Lolo{r / Reservoir - / B ' \\/) f7c7iY/Tim i1.4.P ----------------------------- - ,mac./e, /-...2.,-,19 pe-6-7o,rrEv445,�/e t. 4 r s 0 • SUBDIVISION Eii'EAIIPT/D/f/ No 0963-35-4-SE-45 LEGAL DESCRIPTION A tract of land lying in the West Half (W1) of Section 35, Township 5 North., Range 64 West of the 6th Principal Meridian, Weld County, Colorado, more particularly described as follows: Beginning at the Southwest Corner (SW Cor) of said Section 35, Township 5 North, Range 64 West of the 6th Principa Meridian and assuming the West Line of said Section 35 to bear South 00 00'00" East; Thence South 89°41'20" East, 1,209.50 feet along the South line of said Section 35; Thence North 47°03'50" West, 322.74/feet; Thence North 28°38'20" West, 290.70 feet; Thence North 18°08'20" West, 189.51 feet; Thence North 12°41'40" East, 343.75 feet; Thence North 23°31'40" East, 303.96 feet; Thence North 17°26'10" East, 989.41 feet; Thence North 57°40'40" East, 64.53 feet; Thence North 00°10'40" East, 390.70 feet; Thence North 34°41'20" West, 84.97 feet; Thence North 82°40'50" West, 177.38 feet; Thence South 72°36' 10" West, 293.49 feet; Thence North 89°26'50" West, 819.67 feet to the West Quarter Corner (W4 Cor) of said Section 35; Thence South 00°00'00" East, along the West line, 2644.31 feet to the southwest corner of .said Section 35, and the True Point of Beginning. Said described parcel of land contains 64.13 acres, more or less, including a strip of ground 30 feet in width along the South and West lines of said described parcel, reserved for County Road Right-of-way purposes and is subject to any rights-of-way or other easements as recorded by instruments of record or as now existing on said described parcel of land. SURVEYOR'S CERTIFICATE I h e t this plat was prepared under my supervision; and that the sa correct e best of my knowledg and belief; t * 4392 * --;' } ., JASPER FRE SE '¢ COLORADO P. . & L.S. NO. 4392 Via' 1 mow— PROPERTY OWNER'S APPROVAL We, James D. Eckhardt and Sally C. Eckhardt, being the sole owners in fee of the above described property do hereby subdivide the same as shown on the attached map. d. re.thaxet6- mes D. Eckhardt Sally C Eckhardt rizi V��e ' 1 Peeeo S ., ..es o ,ss The foregoi certification was acknowledged before me this T R Y % i day of , A.D. , 1977. My Commission Expires Si /Q7? otary P blic / o P U B L I C o ''.I ,� PLANNING COMMISSION CERTIFICATE $1rxee' •0.;>.+�, F. eep.e e.,¢ • , , ' The,ac bmp, nyllng plat is accepted and approve. o filing. ~u unoli0 �� r "' —.•' . //.- /� ` _ . RMAN ";�� p (//JjJ� 4_ tiARD OF COUNTY COMMISSIONERS ATTEST'!' _AA IA;UOMAet'I'll ty �1erk T-4 VV By Dated,r—_77 v7 7 _ , ) /oreAaze-e/4 ,cese�j9inetcriia9 L UTILITIES O O • 47Wi CENTRAL WELD COUNTY WATER DISTRICT May 25,2005 James D. Eckhardt& Sally Orr 24205 Weld Co. Rd. 57 Kersey, CO 80644 RE: Water Service Dear Mr. Eckhardt: This letter is in response to a request for water service to serve the following property described as follows: Part of Section 35,Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado. Water service can be made available to the above described property, provided all requirements of Central Weld County Water District, Northern Colorado Water Conservancy District and the U. S. Bureau of Reclamation 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. Central Weld cannot issue a tap until all requirements are satisfied. New service will have to meet the criteria stated in the Water Shortage Contingency Plan adopted by the Board on June 20, 2002. Due to the rapid cost increase of raw water, existing tap fees may not apply for water service to this property. The District will not notify, by separate letter, any prospective landowners or land purchasers of tap fee or line extension cost increases. The cost of a tap fee and/or line extension will have to be paid in advance to the District by the prospective customer in accordance with District policy. 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 regarding water service. Sincerely, CENTRAL WELD COUNTY WATER DISTRICT �� J W. Zadel, eral� Manager JWZ/rg 2235 2nd Avenue • Greeley,Colorado 80631 • Phone(970)352-1284 • Fax (970)353-5865 John W.Zadel,General Manager 7 t -CEO Hello