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Home My WebLink About20061296.tiff • • RESOLUTION RE: APPROVAL OF FOUR-LOT RECORDED EXEMPTION #4353 - GORDON WEICHEL, CIO DOUG WINDSHEIMER 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 #4353, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land," and WHEREAS,the request for Four-Lot Recorded Exemption#4353 was submitted by Gordon Weichel, 22762 Weld County Road 22, Hudson, Colorado 80642, do Doug Windsheimer, 4204 West 7th Street Road, Greeley, Colorado 80634, for property which is located in part on the following described real estate, to-wit: SW1/4 of Section 14, Township 2 North, Range 65 West of the 6th P.M., Weld County, Colorado being more particularly described in the platwhich 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 3 acres, 3.5 acres, 6.5 acres, and 147 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 #4353 by Gordon Weichel, Go Doug Windsheimer be, and hereby 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 applicant has proposed a well as the source of adequate water for Lots A, C, and D. Property owners are advised that the quantity of water available for usage may be limited to specific uses, i.e.,"Domestic Use Only,"etcetera. Because each situation is unique, the Department of Planning Services encourages property owners to contact the Office of the State Engineer, Division of Water Resources (1313 Sherman Street, Room 818, Denver,Colorado 80203. Phone 303-866-3581), to discuss each individual situation. 2006-1296 00 : FL l)PP2— ife 1 RE4353 RE #4353 - GORDON WEICHEL, C/O DOUG WINDSHEIMER PAGE 2 3. Topographic or physical features of the proposed lots, such as ravines, ditches, streams, etcetera, may limit the area available for a new or replacement septic system. Prior to recording the plat, the Weld County Department of Public Health and Environment recommends the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system, the lot may need to be enlarged. 4. Prior to recording the plat: A. The Weld County Department of Planning Services approves the applicant's proposed four-acre building envelope located in the southwest corner of the parcel. The building envelope shall be delineated on the plat. B. The plat shall be titled: Recorded Exemption No. 1307-14-2 RE-4353. C. Lot D shall use the existing agricultural/oil and gas/ditch road accesses necessary for agricultural operations, as no additional accesses shall be granted. D. The access from Weld County Road 22 shall be for ingress and egress, and shall be referenced on the plat by the Weld County Clerk and Recorder's reception number. E. A 30-foot wide joint access and utility easement extending from Weld County Road 45, for the benefit of Lots A, B, C and D, shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.2. The easement shall be graded and drained to provide all-weather access. F. The applicant shall complete a Nonexclusive License Agreement for the upgrade and maintenance of Weld County Road 45 right-of-way. There is a $150 fee for the fabrication and installation of blue and white cross road signs identifying the section line road intersection for the use of addressing and emergency response. The blue and white signs identify a non-maintained County right-of-way. Distance and location from the nearest County road may require additional information signs. The fee for the sign designating the access as a non-maintained County right-of-way shall be paid to the Department of Public Works and the sign shall be installed prior to recording the plat. If existing signs are in place, the fee and installation may be waived by the Department of Public Works. Evidence of such shall be submitted to the Department of Planning Services. G. 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 2006-1296 RE4353 RE #4353 - GORDON WEICHEL, C/O DOUG WINDSHEIMER PAGE 3 culvert is necessary at any approved road access. 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, the Weld County Department of Public Works must be contacted to adequately size the culvert. H. Weld County Road 22 is designated on the Weld County Road Classification Plan as a strategic roadway, which requires 140 feet of right-of-way at full buildout. There is presently 60 feet of right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. This road is maintained by Weld County. Weld County Road 45 is designated on the Weld County Road Classification Plan as a section line. Section line accesses are considered private lanes with no County maintenance. J. The applicant shall attempt to address the requirements and concerns of the Department of Building Inspection, as stated in the referral response dated February 13, 2006. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. K. The applicant shall address the requirements of Weld County School District RE-3, as stated in the referral response dated January 19, 2006. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. L. Lots A, B, and C shall comply with the two and one-half (2.5) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations shall not include reserved road right-of-way. M. Lot D shall comply with the one-hundred twenty(120)acre net minimum lot size required by Section 24-8-20.C.3 of the Weld County Code. Net acreage calculations shall not include reserved road right-of-way. N. 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. O. 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 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 2006-1296 RE4353 RE #4353 - GORDON WEICHEL, C/O DOUG WINDSHEIMER PAGE 4 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) Lots A, B, and C are not eligible for a future land exemption in accordance with Section 24-8-20.C.3 of the Weld County Code. 4) All structures requiring building permits shall be located within the designated building envelope. 5) Prior to the release of building permits, the applicant shall submit a recorded deed describing the lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the lot designation and Recorded Exemption number. 6) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots A, C, and D have an adequate water supply of sufficient quality, quantity, and dependability. The existing well on Lot B,permit number 120940, cannot be shared. 7) Potential purchasers should be aware that Lots A,C, and D may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. 8) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically thereafter. 9) Potential purchasers should be aware that approval of this Recorded Exemption does notguarantee that well permits will be issued for the lots. Any lot may be deemed non-buildable if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits. 10) Should noxious weeds exist on the property,or become established as a result of the proposed development, the applicant/landowner 2006-1296 RE4353 RE #4353 - GORDON WEICHEL, CIO DOUG WINDSHEIMER PAGE 5 shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 11) 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 Section 29-1-20 and Section 29-3-20.6.13 of the Weld County Code,do not need building permits; however, a Certificate of Compliance must be filed with the Department of Planning Services,and an electrical and/or plumbing permit is required for any electrical service to the building orwaterfor watering or washing of livestock or poultry. 12) 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. 13) Effective August 1, 2005, building permits issued on the proposed lots will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. 14) Weld County's Right to Farm statement, as it appears in the Weld County Code, Appendix 22-E, shall be placed on the plat. 5. 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 County Commissioners Resolution was signed. The applicant shall be responsible for paying the recording fee. 6. In accordance with Weld County Code Ordinance#2005-7, approved June 1, 2005, should the plat not be recorded within the required sixty(60)days from the date the Board of County Commissioners Resolution was signed, a $50.00 recording continuance charge may be added for each additional three (3) month period. 7. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. 2006-1296 RE4353 • 0 RE #4353 - GORDON WEICHEL, C/O DOUG WINDSHEIMER PAGE 6 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 8th day of May, A.D., 2006. I EL OARD OF COUNTY LD COF C COMMISSIONERS TY, COLORADO ATTEST: Li, I � s*/��. 7 ` /1fc ile, Chair Weld County Clerk to the Boa ' F, '',Al_ v \_ BY. iti. i .t.rut__ -'David E. Long, Pro-Tem D uty CI k to the Board 4u'' Willi H. Jerk �t\t\ APPROVED AS TO FORM: „ VVva)—_ ="� Prig Robert D. Masden -,C ty Att ey l �� /�x.u,t,t Yol-d2-(1 Glenn Vaad J Date of signature: (-5f2c-3itt 2006-1296 RE4353 iett(4ni REVISED I DEPARTMENT OF PLANNING SERVICES W IREC0RDED EXEMPTION C RECORDED EXEMPTION ADMINISTRATIVE REVIEW COLORADO Applicant: Gordon Weichel RE-4353 Planner: J. Hatch Legal Description: SW4 of Section 14, T2N, R65W of the 6th P.M., Weld County, CO. Parcel ID#: 1307 14 000003 Lot A Size: 3 +1- acres Lot B Size: 3.5 +/- acres Lot C Size: 6.5 +/- acres Lot D Size: 147 +/- acres Water Source: Lot A, C & D-Well Sewer System: Septic Lot B—Well #120940 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. 2. The Applicant has proposed a well as the source of adequate water for Lot A, C and D. Property owners are advised that the quantity of water available for usage may be limited to specific uses, i.e., "Domestic Use Only," etc. Because each situation is unique, the Department of Planning Services encourages property owners to contact the Office of the State Engineer, Division of Water Resources (1313 Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866-3581), to discuss each individual situation. 3. Topographic or physical features of the proposed Lots, such as ravines, ditches, streams etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. 4. Prior to recording the plat: A. The Weld County Department of Planning Services approves the applicant's proposed four acre building envelope located in the South West corner of the parcel. The building envelope shall be delineated on the plat. B. The plat shall be titled: Recorded Exemption No. 1307-14-2 RE-4353 C. Lot D shall use the existing agricultural /oil and gas / ditch road access points necessary for agricultural operations as no additional accesses shall be granted. g T fr C o 22 hall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number. E. A 30 foot wide joint access and utility easement extending from County Road 45, for the benefit of Lots A, B, C and D, shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.E. The easement shall be graded and drained to provide all weather access. F. The applicant shall complete a Nonexclusive License Agreement for the upgrade and maintenance of County Road 45 right-of-way. There is a $150 fee for the fabrication and installation of blue and white cross road signs identifying the section line road intersection for the use of addressing and emergency response. The blue and white signs identify a non-maintained County right-of-way. Distance and location from the nearest county road may require additional information signs. The fee for the sign designating the access as a non-maintained county right-of-way shall be paid to the Department of Public Works and the sign shall be installed prior to recording the plat. If existing signs are in place, the fee and installation may be waived by the Department of Public Works. Evidence of such shall be submitted to the Department of Planning Services. G. 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. H. County Road 22 is designated on the Weld County Road Classification Plan as a strategic roadway, which requires 140 feet of right-of-way at full build out. There is presently a 60-foot right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. This road is maintained by Weld County. I. County Road 45 is designated on the Weld County Road Classification Plan as a section line. Section line accesses are considered private lanes with no County maintenance. J. The applicant shall attempt to address the requirements (concerns) of Department of Building Inspection, as stated in the referral response dated February 13, 2006. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. K. The applicant shall address the requirements of Weld County School District RE-3 as stated in the referral response dated January 19, 2006. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. L. Lots A, B and C shall comply with the two and one-half (2 1/2) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include reserved road right-of-way. M. Lot D shall comply with the one-hundred twenty (120) acre net minimum lot size required by Section 24-8-20.C.3 of the Weld County Code. Net acreage calculations should not include reserved road right-of-way. N. 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. O. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A, Lot B and Lot C are not eligible for a future land exemption in accordance with Section 24-8-20.C.3 of the Weld County Code. 4) All structures requiring building permits shall be located within the designated building envelope. 5) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. • 6) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots A, C and D have an adequate water supply of sufficient quality, quantity and dependability. The existing well on Lot B, permit number 120940 can not be shared. 7) Potential purchasers should be aware that Lots A, C and D may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. 8) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically there after. 9) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non-buildable if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits. 10) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 11) 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. 12) 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) 13) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) 14) 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; smoke from ditch burning; flies and mosquitoes; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 3,700 miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. 5. 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. 6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge may be added for each additional 3 month period. 7. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to mapseco.weld.co.us. 8. The Weld County Department of Planning Staff's approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. By �r 1 Date April 10, 2006 Jacqueline Hat' d• Planner • • 44etti DEPARTMENT OF PLANNING SERVICES IC RECORDED EXEMPTION ADMINISTRATIVE REVIEW COLORADO Applicant: Gordon Weichel RE-4353 Planner: J. Hatch Legal Description: SW4 of Section 14, T2N, R65W of the 6th P.M., Weld County, CO. Parcel ID #: 1307 14 000003 Lot A Size: 3 +/- acres Lot B Size: 3.5 +/- acres Lot C Size: 6.5 +/- acres Lot D Size: 147 +/- acres Water Source: Lot A, C & D —Well Sewer System: Septic Lot B—Well#120940 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. 2. The Applicant has proposed a well as the source of adequate water for Lot A, C and D. Property owners are advised that the quantity of water available for usage may be limited to specific uses, i.e., "Domestic Use Only," etc. Because each situation is unique, the Department of Planning Services encourages property owners to contact the Office of the State Engineer, Division of Water Resources (1313 Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866-3581), to discuss each individual situation. 3. Topographic or physical features of the proposed Lots, such as ravines, ditches, streams etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. 4. Prior to recording the plat: A. The Weld County Department of Planning Services approves the applicant's proposed four acre building envelope located in the South West corner of the parcel. The building envelope shall be delineated on the plat. ty The plat shall be titled: Recorded Exemption No. 1307-14-2 RE-4353 ,e. Lot D shall use the existing agricultural /oil and gas/ditch road access points necessary for agricultural operations as no additional accesses shall be granted. D. The access from County Road 22 shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number. E. A 30 foot wide joint access and utility easement extending from County Road 45, for the benefit of Lots A, B, C and D, shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.E. The easement shall be graded and drained to provide all weather access. F. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. County Road 22 is designated on the Weld County Road Classification Plan as a strategic roadway, which requires 140 feet of right-of-way at full build out. There is presently a 60-foot right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. This road is maintained by Weld County. V/ County Road 45 is designated on the Weld County Road Classification Plan as a section line. Section line accesses are considered private lanes with no County maintenance. I. The applicant shall attempt to address the requirements (concerns) of Department of Building Inspection, as stated in the referral response dated February 13, 2006. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. • • J. The applicant shall address the requirements of Weld County School District RE-3 as stated in the referral response dated January 19, 2006. Evidence of such shall be submitted in / writing to the Weld County Department of Planning Services. ,�f�. Lots A, B and C shall comply with the two and one-half (2 1/2) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include reserved road right-of-way. Lot D shall comply with the one-hundred twenty (120) acre net minimum lot size required by Section 24-8-20.C.3 of the Weld County Code. Net acreage calculations should not include reserved road right-of-way. M. 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. VThe following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A, Lot B and Lot C are not eligible for a future land exemption in accordance with Section 24-8-20.C.3 of the Weld County Code. 4) All structures requiring building permits shall be located within the designated building envelope. 5) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 6) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots A, C and D have an adequate water supply of sufficient quality, quantity and dependability. The existing well on Lot B, permit number 120940 can not be shared. 7) Potential purchasers should be aware that Lots A, C and D may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. 8) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment • I strongly encourages well users to test their drinking water prior to consumption and periodically there after. 9) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non-buildable if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits. 10) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 11) 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. 12) 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) 13) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) 14) 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; smoke from ditch burning; flies and mosquitoes; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 3,700 miles of state and County roads outside of • municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. 5. 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. 6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge may be added for each additional 3 month period. 7. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps©co.weld.co.us. 8. The Weld County Department of Planning Staff's approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. I By ,� - Date February 21, 2006 Jacqueline Hatch 4.'iI nner • CASE: C-6 (-Or POC Planner Plat Checklist • Item • Comments Check Check Proper size and material 24"x 36" or 18"x 24"/Minimum 3 millimeter polyester sheet i/ • Lettering No stick-on lettering / Minimum 8 pt.lettering Boundaries of Lots Scale Suitable Scale?(1"=200'or 1"=100') Accesses indicated Shared Access?If so, is easement Certificate included? Roads labeled, including R.O.W Building Envelope(s) Vicinity Map Suitable Scale? (Minimum 1" =2000') North Arrow Legal Description Notes from Planner/ Development Standards `-� 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 Staff Certificate Approved) Planning Commission (USR,COZ,Minor Sub.Final) Certificate Board Certificate (USR,COZ„Minor Sub Final) (Final PUD, RE, SE&ZPMFI if Board approved) Typical Road Cross Section (COZ,Final Minor Sub. and Final PUD) Easements Please return the plat to the CAD Technician within 24 hours of receiving the plat. Paper Plats: (Initials)Date: Surveyor&Date: Applicant&Date: ` Planner Signature: Date: • • . WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 918 10TH STREET GREELEY, CO 80631 PHONE: 970-353-6100, EXT. 3540/ FAX:970-304-6498 } Data 20 _. / Receipt No. 3 c 3 7 Received From: - V V I j l t 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 f i #OF BUILDABLE LOTS I � 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. (4 1( 4ASH >#]0HE9 Np. /f ..i (tiTOTAL FEE Receipted By: , DL# Exp. • itotrol1 MEMORANDUM VITO: Board of County Commissioners April 18, 2006 COLORADO FROM: Jacqueline Hatch, Planner II SUBJECT: RE-4353 The Department of Planning Services has forward application RE-4353 to the Board of County Commissioners. The applicant, Mr. Wiechel represented by Mr. Windsheimer, has submitted the attached letter dated April 11, 2006 opposing the need for a Nonexclusive License Agreement and the requirements of the school district. Application RE-4353 was conditionally approved by Planning Staff on February 21, 2006. After further review of the submitted paper plats the Department of Planning Services has determined that while the site is in compliance with many of the requirements outlined in Section 24-8-40 of the Weld County Code it does not comply with 24-8-40.C. Revised comments were completed on April 10, 2006 regarding the access. Section 24-8-40.C requires that an access is, or can be made, available that provides for safe ingress and egress to a public road. The applicant is also opposed to 4.K of the staff comments regarding the school district requirements. Background information: Legal Description: SW4 of Section 14, T2N, R65W of the 6th P.M., Weld County, CO. Parcel number: 1307 14 000003 Location: Approximately 1/2 mile south of CR 22; and approximately 1 '/2 miles west of CR 47.5. RE-4353: RE-4353 was conditionally approved by the Department of Planning Services on February 21, 2006. Revised comments were completed on April 10, 2006 regarding the access. Acres: 160 +/- Access: The original application delineated the accesses to all four (4) lots to be off of County Road 22 along County Road 45 which is not maintained by the County. The documents provided reflects an existing easement dated April 11, 1969, identifying a fourteen (14) foot wide easement along the east side of the northeast quarter of section 15 then crossing over to the southwest quarter of section 14. For the purpose of egress/ingress, there is no common cross over point between the quarter section. In reference to the last paragraph of the easement, this conveyance and easement shall automatically terminate when the above described property is properly dedicated to the public for road proposes. Research with the title company showed that the section line between sections 14 and 15 was declared public right-of-way through the 1889 resolution. The Department of Public Works has researched the patent dates of all the quarters adjacent to these sections, and has determined that the County has a public right-of-way through the resolution. 2006-1296 • • • Therefore, the existing fourteen (14) foot wide easement does not meet the standard. The 1889 resolution allows thirty (30) feet on either side of the section line for a total of sixty (60) feet between section 14 and 15 to be utilized for public access. The Department of Public Works recommends the applicant enter into a Nonexclusive License Agreement to provide adequate access for the Recorded Exemption. School District: The Weld County School District RE-3J has a fee in lieu requirement to address additional residential development in the County. It is a standard condition for all recorded exemptions to address the conditions (if any) required by the school district. As stated in their referral dated January 19, 2006 'although Recorded Exemptions, individually, represent a small increment of the total housing stock, the cumulative effect of several such approvals is exerting a considerable negative effect upon the school district's ability to provide adequate educational opportunities for the resulting students. Additionally, the substantial separation of these units from other more densely populated area increases school transportation costs, further eroding the amount of funds that can be applied in the classroom toward educating the students. The school districts Board of Education is opposed to approval of additional new housing without adequate mitigation of land costs.' The school district is requesting a cash-in-lieu of land dedication in the amount of $1,287.00 per single family housing unit. The applicant would be required to pay the school district $3,861.00 for the creation of three single family lots. Good morning, Jacqueline Hatch, Department of planning service• The Department of Planning Services has forward application RE-4353 to the Board of County Commissioners. The applicant, Mr. Wiechel represented by Mr. Windsheimer, has submitted the attached letter dated April 11, 2006 opposing the need for a Nonexclusive License Agreement and the requirements of the school district. Background information: Legal Description: SW4 of Section 14, T2N, R65W of the 6'h P.M., Weld County, CO. Parcel number: 1307 14 000003 Location: Approximately'/ mile south of CR 22; and approximately 1 ''A miles west of CR 47.5. RE-4353: RE-4353 was conditionally approved by the Department of Planning Services on February 21, 2006. Revised comments were completed on April 10, 2006 regarding the access. Acres: 160 +/- Application RE-4353 was conditionally approved by Planning Staff on February 21, 2006. After further review of the submitted paper plats the Department of Planning Services has determined that while the site is in compliance with many of the requirements outlined in Section 24-8-40 of the Weld County Code it does not comply with 24-8-40.C. Revised comments were completed on April 10, 2006 regarding the access. Section 24-8-40.C requires that an access is, or can be made, available that provides for safe ingress and egress to a public road. The applicant is also opposed to 4.K of the staff comments regarding the school district requirements. Access: The original application delineated the accesses to all four(4)lots to be off of County Road 22 along County Road 45 which is not maintained by the County. The documents provided reflects an existing easement dated April 11, 1969, identifying a fourteen (14) foot wide easement along the east side of the northeast quarter of section 15 then crossing over to the southwest quarter of section 14. For the purpose of egress/ingress, there is no common cross over point between the quarter section. In reference to the last paragraph of the easement,this conveyance and easement shall automatically terminate when the above described property is properly dedicated to the public for road proposes. Research with the title company showed that the section line between sections 14 and 15 was declared public right-of-way through the 1889 resolution. The Department of Public Works has researched the patent dates of all the quarters adjacent to these sections, and has determined that the County has a public right-of-way through the resolution. Therefore, the existing fourteen (14) foot wide easement does not meet the standard. The 1889 resolution allows thirty(30)feet on either side of the section line for a total of sixty(60)feet between section 14 and 15 to be utilized for public access. The Department of Public Works recommends the applicant enter into a Nonexclusive License Agreement to provide adequate access for the Recorded Exemption. Don Carroll with Public Works is here to answer any questions or provide additional clarification if needed. • • School District: The Weld County School District RE-3J has a fee in lieu requirement to address additional residential development in the County. It is a standard condition for all recorded exemptions to address the conditions (if any) required by the school district. As stated in their referral dated January 19, 2006 'although Recorded Exemptions, individually, represent a small increment of the total housing stock, the cumulative effect of several such approvals is exerting a considerable negative effect upon the school district's ability to provide adequate educational opportunities for the resulting students. Additionally, the substantial separation of these units from other more densely populated area increases school transportation costs,further eroding the amount of funds that can be applied in the classroom toward educating the students. The school district's Board of Education is opposed to approval of additional new housing without adequate mitigation of land costs.' The school district is requesting a cash-in-lieu of land dedication in the amount of$1,287.00 per single family housing unit. The applicant would be required to pay the school district$3,861.00 for the creation of three single family lots. — / l`1 L(' "r A-,,9 -*fin a9.K-El c vnt Tri.s AkerAkerfie&.rc.JT- 3► /4) � Grid 4N� wt.`- v� &'cJ 7-7.10U) Sy' ✓ 7 3 r w�ocN —�25- ((3J3 All 4� inter Co .r...n vv �w - i • April 11,2006 Jacqueline Hatch, Planner Weld County Department of Planning Services Jacqueline, This is in reference to RE-4353. The owner of the property does not agree with your requirement to obtain a license agreement for access to his property since the first referral letter from the Engineering Administrator stated no such agreement was required. He already owns an easement that was granted to him per his deed over 35 years ago. His easement is sufficient in size for his needs and has been since he purchased the property. Also he does not agree with the Weld County School District RE-3J request per their referral letter. He therefore request a hearing before the Weld County Commissioners as soon as possible. I will be attending the Hearing with Mr. Weichel so please send Mr. Weichel and myself the date and time and location of the Hearing. Respectfully, Doug Windsheimer a Feb. 26,2006 Weld County Planning Department SOUTHWEST BUILDING Weld County Department of Planning Services APR 1 1 2006 RECEIVED Planning Department, After reading the Building Inspection Dept. letter I feel that if any of the lots created were sold the Buyer would have to adhere to Weld County requirements before building any structures on the property. This is not a development project. Respectfully, Grodon Weichel Feb. 26,2006 Weld County Department of Planning Services Planning Department, After reading the Building Inspection Dept. letter 1 feel that if any of the lots created were sold the Buyer would have to adhere to Weld County requirements before building any structures on the property. This is not a development project. Respectfully, /d412// 2dixzt, Grodon Weichel by Doug Windsheimer as Agent 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. ; f 1 3 1 3 4 / / Received From: t I �' -t r lwt Permit Type No. Description Fee 4271-RE/SE !J1 ' 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. , OCASH CACHECK NO. S w TOTAL FEE Receipted By: ` Y f <` DL# Exp. FIELD CHECK Inspection Date: 1/16/06 APPLICANT: Gordon Weichel c/o Doug Windsheimer CASE # : RE-4353 REQUEST: Recorded Exemption LEGAL: SW4 of Section 14, T2N, R65W of the 6th P.M., Weld County, CO LOCATION: Approximately 1/2 mile south of CR 22; and approximately 1 '/z miles west of CR 47.5. PARCEL ID #: 1307 14 000003 ACRES: 160 4- acres Zoning Land Use N Agricultural N Agricultural E Agricultural E Agricultural S Agricultural S Agricultural W Agricultural W Agricultural Comments: Access off of CR 45 — dirt road Single family home on the lot Farmed Signature ❑ House(s) o Derelict Vehicles ❑ Outbuilding(s) o Non-commercial junkyard (list components) ❑ Access to Property ❑ Irrigation Sprinkler ❑ Crop Productions ❑ Crops ❑ Site Distance ❑ Wetlands ❑ Mobile Home(s) ❑ Oil & Gas Structures o Other Animals On-Site ❑ Wildlife o Water Bodies o Utilities On-Site (transmission lines) ❑ Ditch o Topography Note any commercial business/commercial vehicles that are operating from the site. WI`PC. APPLICATION FLOW SHEET COLORADO APPLICANT: Gordon Weichel c/o Doug Windsheimer CASE# : RE-4353 REQUEST: Recorded Exemption - ;/-Lo) LEGAL: SW4 of Section 14, T2N, R65W of the 6th P.M., Weld County, CO LOCATION: Approximately % mile south of CR 22; and approximately 1 '/2 miles west of CR 47.5. PARCEL ID #: 1307 14 000003 ACRES: 160 +/- acres Date By Application Received 1/11/06 Drop off Application Completed 1/11/06 JH Referrals listed 1/11/06 JH Vicinity map prepared 1/11/06 JH File assembled l •12.Ob Case logged in computer t . ['L .pb Letter to applicant mailed 12.Ub Referrals mailed k . 'Z Ob Field check by DPS staff b 0 6 A Administrative Review decision: 1.)",1f,. y0 ' L ZA Qb gr14- Board of County Commissioners hearing (if applicable) Date By County Commissioners Hearing Date 57 8(0 6 Surrounding property owners notified ICA\ Presentation prepared H(la(D‘ CC action: A1' Novo Pc1 .5 a C...rw-..n J"(s 6 CC resolution received Date By Plat recorded and filed Overlay Districts Zoning Agricultural MUD Yes No_X_ IGA Yes NoX_ Airport Yes No_X_ Geologic Yes No_X_ Flood Hazard Yes No_X_ Panel #080266 900 C Road Impact—Weld County lel • DEPARTMENT OF PLANNING SERVICES a NORTH OFFICE 91Y10TH OStreet 631 (/7- GREELEY, CO 80631 a: PHONE: (970) 353-6100, Ext. 3540 FAX: (970)304-6498 SOUTHWEST OFFICE O 42, C09 R 4 LONGMONT, CO 80504 PHONE: (720)652-4210, Ext. 8730 COLORADO FAX: (720)652-4211 January 12, 2006 Gordon Weichel c/o Doug Windsheimer 4204 W 7 St Rd Greeley CO 80634 Subject: RE-4353 -A Recorded Exemption located on a parcel of land described as SW4 of Section 14, T2N, R65W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria or if staff has concerns with the application, staff may elect to forward the application for review to the Board of County Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials to the Hudson Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Hudson Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Hudson at(303)536-9311,for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. Sincerely, Jacqueline Hat h Planne • RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 7 3 0 7 -1 4 - 0 - _0_- 0 0 (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 South West Quarter , Sections, Township 2 North, Range 65 West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes_No X Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes_No X FEE OWNER(S)OF THE PROPERTY: Name: Gordon P . Weichel Work Phone# Home Phone# Email Address • Address: 22762 weld county roAd 22 City/State/ZipCode Hu on, Co 84642 APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must acconpany all applications signed by Authorized Agent) Name: Doug Windsheimer Work Phone#9 7 0-'171 -044 Home Phone# Email Address Address: 4204 . 7th st . rd City/State/Zip Code f;raal py, ran 20a 14 Lot A Lot B Lot C Lot D Smaller Parcel Water Source well well 320940 well well Type of Sewer septic septic p—QQl1l1544 cart i r anpt-i r• Proposed Use res/aq res/aq res/aq aq Acreage 3 +/- acres 3 . 5+/- acres 6 . 5 +/- acr=_s 147+/— acres Existing Dwellings? If Yes,list address If Yes, list address If Yes, list address If Yes, list address below: No below: below: No below: No 22620WCR 22 9y76 (-72-z/5g4/fp zy9 f,/,% crz.'f5 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 legal /authority to sign for the corporation. .62/i/L2+ 6/2LO2 /' 7 -mil' Signal Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date -4- - • RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# IS CASE #ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: _ Parcel Number ? 7 - 1 4 - - Cl __Q_-_0__a_ (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 South West Quarter , Sectionl 4 , Township 2 North, Range 65 West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes No X Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes No X FEE OWNER(S)OF THE PROPERTY: Name: Gordon P . Weichel Work Phone# Home Phone# Email Address Address: 22762 weld county road 22 City/State/Zip Code Hcid son, Co 80642 APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany all applications signed by Authorized Agent) Name: Douc Windsheimer Work Phone# q7Q-371 _044 Home Phone# Email Address Address: 4204 w_ 7th st _ rd City/State/Zip Code or-Re ley, (`n _ R(Th34 Lot A Lot B Lot C Lot D Smaller Parcel Water Source we l well 120940 well well Type of Sewer septic septic ¢p-(140(144 sept i n Proposed Use res/ag res/aq res/ag ag Acreage 3 -/- acres 3 . 5 -/- acres 6 . 5 +/- acres 147+/- acres Existing Dwellings? If Yes, list address If Yes, list address If Yes, list address If Yes, list address below: below: below: below: No No No 22620WCR 22 • 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 legal authority to sign for the corporation. dik17Signe Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date -4- 111 . R.E. Questionnaire Responses Weichel Described as: The South West Quarter Section 14, Township 2 N Range 65 West of the 6th P.M. 1. a. Domestic water is supplied to the current residence on proposed lot "B" by a domestic well, permit #120940. Water to the proposed Lots"A", "C" and "D" shall be supplied if needed in the future by a domestic well permitted by the State of Colorado for each proposed lot. No district water is available for the area. b. Irrigation water to proposed Lot "D" is currently supplied by an irrigation well permitted by the State of Colorado, permit #04000F, for farming operations conducted by the owner. 2. Proposed Lot "B" has an existing septic system permitted by Weld County Health Department as permit # SP-9900544 and a copy accompanies this application. Sewage disposal for proposed Lots"A", "C" and "D" would be provided by an ISDS system permitted and constructed according to Weld county Health Dept. requirements if a home would be constructed on any of the lots in the future. 3. The parcel has one home located on it (on proposed lot "B"). There is approximately 128 acres of irrigated farmland with hay(alfalfa) as a crop. The rest of the parcel with the exception of the existing home site is dryland pasture. Farming of the parcel will continue as at present by the owner. There is a center pivot sprinkler system and irrigation well located near the center of the parcel. There are two natural gas wells located on the property, one on the south edge of proposed Lot"C" and the other to the west of the center pivot sprinkler near the center of proposed Lot "D". 4. The new Lots"A" and "B"are located south of road 22 and adjacent to non existing road 45 and will be adjacent to the north and west boundaries. The new Lot "C" is located east of non existing road 45 and adjacent to the current east and north boundaries of the parcel. Proposed Lot "D" will be the remainder of the parcel. There is a Deeded and recorded access to the property from WCR 22 as per the Deed and described and recorded in book 608, reception No. 1,529,920, Weld county Records. 5. There are no unique physical characteristics on the site. 6. A primary building envelope will be designated in the southwest corner of proposed Lot "D". It will be 4 acres in size. Proposed Lot "B" already has a home on it so no future envelope will be requested. Lots"A" & "C" are small enough in size that the owner feels no envelope would be needed. 7. There is no business or use by special review permit on the property. S Janurary 4, 2006 Department of Planning Services 918 10th Street Greeley, Co. 80631 To whom it may concern, I hereby authorize Doug Windsheimer to represent my interest or to act on my behalf to apply for and obtain a Recorded Exemption on property owned by me, described as the southwest quarter of section 14, township 2 N, range 65 west of the sixth P.M., County of Weld, State of Colorado. Rspectfully, Gordon P. eic ed • Report Date: 01/11/2006 07:59AM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R5138486 ASSESSED TO: WEICHEL GORDON P 22762 COUNTY RD 22 HUDSON, CO 80642 LEGAL DESCRIPTION: 11312 SW4 14 2 65 SITUS: 22620 22 CR WELD 0 PARCEL: 130714000003 . SITUS ADD: 22620 22 CR WELD TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 1-2005) TAX 1,075.80 0.00 0.00 0.00 1,075.80 TOTAL TAXES 1,075.80 - - - GRAND TOTAL DUE GOOD THROUGH 01/11/2006 ` 1,075.85 ORIGINAL TAX BILLING FOR 2005 TAX DISTRICT 3053 - Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 17.900 252.73 AGRICULTUR 25,438 7,370 SCHOOL DIST RE3J 32.145 453.90 AGRICULTUR 1,583 460 CCW WATER 0.607 8.57 AGRICULTUR 79,074 6,290 CCS WATER 3.350 47.30 CENTRAL COLO WATER WELL(CCA) 9.000 127.08 TOTAL 106,095 14,120 HUDSON FIRE 3.550 50.13 AIMS JUNIOR COL 6.357 89.76 WELD LIBRARY 3.281 46.33 TAXES FOR 2005 76.190 1,075.80 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 atoo Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence of the status as of this date of all property taxes; special assessments and prior tax liens attached to this (these) account(s). • Current year's taxes are due but not delinquent. Date: /—�� f� Ill REFERRAL LIST r� — " 7 Name: 3 N(7 0'i W 1 lC h En- Case#: CC": `-` v County Towns&Cities Fire Districts ¢ x,vth w.• _Ault Ault F-1 .. . •-ifinent _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 If -. 1 • _Erie _Fort Lupton F-5 ousing Authority _Evans Galeton F-6 _Firestone i47, '�t spection -- _Fort Lupton _Johnstown F-8 _Frederick _LaSalle F-9 scape _Garden City _Mountain View F-10 _Lin(Addressing Change of Zone) _Gilcrest _Milliken F-11 Ambulance Services _Greeley _Nunn F-12 Gruver _Pawnee F-22 State '' $• •n _Platteville F-13 Div.of Water Resources Johnstown _Platte Valley F-14 Geological Survey _Keenesburg _Poudre Valley F-15 _Department of Health Kersey _Raymer F-2 _Department of Transportation _LaSalle _Southeast Weld F-16 _Historical Society _Lochbuie _Union Colony F-20 Water Conservation Board _Longmont _Wiggins F-18 Oil &Gas Conservation Commission _Mead _Windsor/Severance F-17 _Milliken ikj 1 1 `It -7 -6 J Division of Wildlife New Raymer Legal South Hwy 66(Loveland) _Northglenn Parcel ID# 15 6-7 i Ll O 0 0 C. 3 _North Hwy 66(Greeley) _Nunn Zone r A9{es? I e O Division of Minerals/Geology _Pierce USDA J O rtes-eft-. -r ✓a...+-t i F _Platteville Airport VC) Soil Conservation Districts _Severance Geo Haz ti Big Thompson/FTC _Thornton FP? N' Panel# L q a C Boulder Valley/Longmont _Windsor GA? l l ORD# Brighton/SE Weld MUD? N a _Centennial Counties Gruel, . est Greeley Adams �, Boulder /`�7.J\ _West Adams _Broomfield 71__Little Thompson _Larimer Federal Government Agencies Other US Army Corps of Engrs Ill, t l(, entral Colo. Water 7 Conservancy USDA-APHIS Vet Service — y Dist Federal Aviation Admin(Structures _RR over 200 ft or w/in 20000 ft of Pub _Ditch Company, Airport _Art Elmquist(MUD Area) u.�u Federal Communications Comm — ^ ct L(f Commissioner `;� REFERRAL LIST Name: Gordon Weichel Case#: 353 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 _ X Building Inspection _Fort Lupton X Hudson F-7 X Code Compliance - 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 X Hudson _Pawnee F-22 Div. of Water Resources _Johnstown _Platteville F-13 _Geological Survey _Keenesburg _Platte Valley F-14 _Department of Health _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 Greeley/West Greeley _Adams X Platte Valley _Boulder _West Adams _Broomfield _Little Thompson _Larimer Federal Government Agencies Other _US Army Corps of Engrs X School District RE-3 _USDA-APHIS Vet Service _Central Colo. Water Cons _Federal Aviation Admin (Structures _RR over 200 ft or w/in 20000 ft of Pub _Ditch Company Airport _Art Elmquist(MUD Area) _Federal Communications Comm Weld County Referral I January 12, 2006 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Gordon Weichel Case Number RE-4353 Please Reply By February 9, 2006 Planner Jacqueline Hatch Project Recorded Exemption Legal SW4 of Section 14, T2N, R65W of the 6th P.M., Weld County, Colorado. Location Approximately 0.50 mile south of CR 22; and approximately 1.5 miles west of CR 47.5. For a more precise location, see legal. Parcel Number 1307 14 000003 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan 14 We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. (� 1" Comments: re Ivy ct C t I1KJ J nO tiro cottifir, no Signature V)-O Lip Agency v`N C f i� ,(VOL Date :Weld County Planning Dept. +918 10th Street Greeley,CO. 80631 4(970)353-6100 ext.3540 4(970)304-6498 fax FEB. -09' 06 (THC) 07: 29. TOWNS HUDSON. COLORADO TES3 536 4753 P. 001 riek' Weld County Referral ' January 12, 2006 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Gordon Weichel Case Number RE-4353 Please Reply By February 9, 2006 Planner Jacqueline Hatch Project Recorded Exemption • Legal SW4 of Section 14, T2N, R65W of the 6th P.M., Weld County, Colorado. Location Approximately 0.50 mile south of CR 22; and approximately 1.5 miles west of CR 47.5. For a more precise location, see legal. Parcel Number 1307 14 000003 Amp 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 f � � 214'/06 Agency,$,,,,, �'R� � yD�1u+� A� iy� Date *Weld County Planning Dept. 0018 10'"Street Greeley,co, 00631 +N70)353-000 oxt.3540 4(970)304-649a fax • • - ounty Referral cscN 1 owE O D January 12, 2006 C� JA7 206 COLORADO Department I4PlCildagliEsreICWO' D P 9 The Weld County of Plan c •- in item for review: • Applicant Gordon Weichel Case Number RE-4353 Please Reply By February 9, 2006 Planner Jacqueline Hatch Project Recorded Exemption Legal SW4 of Section 14, T2N, R65W of the 6th P.M., Weld County, Colorado. Location Approximately 0.50 mile south of CR 22; and approximately 1.5 miles west of CR 47.5. For a more precise location, see legal. Parcel Number 1307 14 000003 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. ari See attached letter. Comments: Signature )411-67 off- /- O L Agency —tdl Clams �/�/ Date f•Weld County Planning Dept. C•918 10th Street Greeley,CO. 80631 •3(970)353-6100 ext.3540 ❖(970)304-6498 fax Weld County Planning Department SD,rrt„el""; Alt DING . riti-; 0 • APR 7 2006 ' MEMORANDUM €TO Jacqueline Hatch, Planning Services DATE: April 4, 2006 COLORADO FROM: Donald Carroll, Engineering Administrator I,((/ SUBJECT: RE-4353, Gordon Weichel It was brought to our attention that the plat drawing is identifying a 30-foot access and utility easement. The accompanied documents provided in the packet reflect an existing easement dated April 11, 1969, identifying a 14 foot wide easement along the east side of the northeast 1/4 of Section 15 thence crossing over to the southwest quarter of Section 14. For the purpose of egress/ingress, there is no common cross over point between the quarter section. In referring the last paragraph of the easement, this conveyance and easement shall automatically terminate when the above described property is properly dedicated to the public for road purposes. Research with the title company showed that the section line between Sections 14 and 15 was declared public right-of-way through the 1889 Resolution. We have researched the patent dates of all the quarters adjacent to these sections, and we feel we have public right-of-way through the Resolution. Therefore, the existing 14-foot wide easement does not meet the standard. The 1889 Resolution allows 30 feet on either side of the section line for a total of 60 feet between Sections 14 and 15 to be utilized for public access. We recommend the applicant enter into a Nonexclusive License Agreement with the Weld County Public Works Department to provide adequate access for the land split. The internal easement between Lots B and C must be a minimum of 30 feet in width and identified on the plat drawing. I must be indicated on the drawing for the soul purpose of providing access across Lots B and D for the benefit of Lot C. I will be preparing the appropriate Nonexclusive License Agreement and sending it to the applicant for signatures and notification. RE-4353 M:\PLANNING-DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-4353-B.DOC • • ed County Planning Department GREELEY OFFICE Kit ° FEB () 3 2006 MEMORANDUMRECEIVED TO: Jacqueline Hatch, Planning Services DATE: February 2, 2006 COLORADO O FROM: Donald Carroll, Engineering Administrator • SUBJECT: RE-4353, Gordon Weichel The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are as follows: COMMENTS: Weld County Strategic Roadway: (December 2002) WCR 22 is classified by the County is a Strategic Roadway, which requires a 140-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (23-1-90), the required setback is measured from the future right-of-way line. (WCRs 7, 9.5, 11, 13, 22, 24, 27, 37, 49 and 74) Section Line Access: (right-of-way) (WCR 45 section line) Bruce Barker, County Attorney recommended to access per the deed was approved. No nonexclusive License Agreement for the access is needed. REQUIREMENTS: The Weld County Public Works Department recommends approval of this application. 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. The applicant shall indicate specifically on the plat the type of right-of-way/easement and indicate whether it is dedicated, private, or deeded to provide adequate access to the parcel. Section line accesses are considered private lanes with no county maintenance. (All lots) The right-of-way or easement shall be a graded and drained road to provide an all-weather access. All lots shall share a joint access point. pc: RE-4353 M:\PLANNING-DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-4353 ' . • Ill 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 #: 22 / a s.L • Date: / -aI - OCo RE# : 4353 / Other Case#: 1. Applicant Name r d n 7 • , , PhoneR0R-546-4218 Address?7767 wCR 77 City Hudson State rn Zip 80642 2. Address or Location of Access 22620 wrR 99 Section 14 Township '7n Range 6Sw Subdivision Block Lot Weld County Road #: 22 Side of Road snnth Distance from nearest intersection 1 /y mi 3. Is there an existing access to the property? Yes y No #of Accesses 1 4. Proposed Use: ❑ Permanent a Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other ***************************+************************+***************************************************************+********** 5. Site Sketch Legend for Access Description: AG = Agricultural J L---- RES = Residential L.Lte 0&G = Oil &Gas , A D.R. = Ditch Road } 0 = House V O = Shed �,, t, y eTo 4J C i j J A = Proposed Access i¢Fti'1 : N sEC N • = Existing Access 21- , xg - - ° r o # i <0, 5 ✓ Nfiu /43 a D 36 i- s.t- - No N' 4.'k1s Ywvf sue ter 1p 1 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: Post-it®Fax Note 7671 Date t_31-oe pag st. 5r To'QRUCL- - paktZ E From -� +� eddd Co./lDDept. / Co. Phone a 5_ POZ /J4 1 Phone Fax p eta r'VY ty// d•Fax a jeL Memorandum TO: W.C. Planning, Jacqueline Hatch "lige DATE: January 31, 2006 FROM: , EH Services, Deborah Blandin COLORADO CASE: RE-4353 APPLICANT: Gordon Weichel 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. Additionally, please note the following: 1. This application is proposing a well(s) as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. 2. Topographic or physical features of the proposed lot, such as ravines, ditches, streams, etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Division recommends that the applicant review the County Code pertaining to Septic Systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may be need to be enlarged. Weld County Referral 1111k January 12, 2006 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Gordon Weichel Case Number RE-4353 Please Reply By February 9, 2006 Planner Jacqueline Hatch Project Recorded Exemption Legal SW4 of Section 14, T2N, R65W of the 6th P.M., Weld County, Colorado. Location Approximately 0.50 mile south of CR 22; and approximately 1.5 miles west of CR 47.5. For a more precise location, see legal. Parcel Number 1307 14 000003 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature l' Agency It Date ❖Weld County Planning Dept. •'x918 10th Street Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax • DEPARTMENT OF PLANNING SERVICES I4.1- 6 BUILDING INSPECTION NORTH OFFICE 918 10`h Street IGREELEY, COLORADO 80631 C PHONE (970) 353-6100, EXT.3540 FAX (970)304-6498 SOUTHWEST OFFICE COLORADO 4209 CR 24.5 LONGMONT CO 80504 PHONE (720)652-4210 ext. 8730 FAX (720)652-4211 February 13, 2006 Gordon Weichel Recorded Exemption RE- 4353 1. Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29-1-20 and Section 29-3-20 B.13 of the Weld County Code do not need building permits, however a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 2. A plan review is required for each building except for buildings that meet the definition of Ag Exempt buildings. Plans may require the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. 3. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 2003 International Residential Code; 2003 International Building Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International Fuel Gas Code; 2002 National Electrical Code and Chapter 29 of the Weld County Code. 4. Each building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. 5. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by the Zoning Ordinance. 6. Building height shall be measured in accordance with the 2003 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. Please contact me for any further information regarding this project. Sincerely, 0 Bryon Horgen Assistant Building Official Service,Teamwork,Integrity,Quality /.4eit • _ . • Weld County Referral ' County Planning Department cFEB 2 gf 2006 January 12, 2006 COLORADO CELVED The Weld County Depart en of Planning Services has received the following item for review: t. • Applicant Gordon Weichel Case Number RE-4353 Please Reply By February 9, 2006 Planner Jacqueline Hatch Project Recorded Exemption Legal SW4 of Section 14, T2N, R65W of the 6th P.M., Weld County, Colorado. Location Approximately 0.50 mile south of CR 22; and approximately 1.5 miles west of CR 47.5. For a more precise location, see legal. Parcel Number 1307 14 000003 _ �� 1 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. J4See attzetradthmtk.r.6 m.-. 2S. t _j.. / Se�Js �.,-ft�..-±h,r "" p pcs=a` r- vu sw. otdc. J s•.a- t pure c Ls A�.a' Comments: // {{ / /1 �, /- / Si v = U vv etc of tar�vv� �la a....",k � 1�s i ch4,v4, J1��--S c V 41-6i9.sC- rt'fa'n-1 ti21`/;n-jj4 ‘51A- Sid r� LTs . 1 s&cca /.77S o-n S(Acit �Y�f� ttr.:L.k4,vtsr,-.,— it A .4.. A.v`n x.5�{$ b 5a LW>g{r I..>11 lti t,•r'%G.-rrL Signature ter:Pj ATr _C/c Agency p.u.CF 2J. Date +Weld County Planning Dept. +918 10th Street Greeley, CO. 80631 +(970)353-6100 ext.3540 +(970)304-6498 fax Jan 1S3 Ub 11:U4a Weld County SD Re-3(J) 303-536-2010 p,1 Weld County School Dist-3(J)1 99 West Broadway!P.O. Box 269/Keene CO 80643 Tel:(302)536-20001 Fax3)536-201C i j Cp'x WELD aill January 19, 2006 Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 Case Number: RE: 4353 This project provides for a recorded exemption within the rural area of Weld County School District Re-3J. Although recorded exemptions, individually, represent a small increment of the total housing stock, the cumulative effect of several such approvals is exerting a considerable negative effect upon the school district's ability to provide adequate educational opportunities for the resulting students. Additionally, the substantial separation of these units from other more densely populated areas increases school transportation costs, further eroding the amount of funds that can be applied in the classroom toward educating the students. The school district's Board of Education is opposed to approval of additional new housing without adequate mitigation of land costs. However, in the event that the County Commissioners decide to approve this application, Weld County School District Re-3J respectfully requests that these exemptions be required to mitigate the costs of providing land for school sites as explained below. Site Issues Based upon the district's school capacities and site size standards,the proposed exemption would generate the need for less than one acre of land; the cash equivalent would approximate$1,287 per single-family housing unit (see Table I). If approved, it is requested that this amount be paid to the school district as a cash-in-lieu of land dedication for each new unit allowed. Recommendations The Board of Education remains very concerned about the recent trend toward accelerated residential activity throughout the district and the ensuing enrollment that will follow, as well as the district's physical and financial ability to serve that growth. Approval of additional residential development without a ready and identified means of providing appropriate infrastructure would not demonstrate good stewardship of the public trust. As stated before, cash-in-lieu of land of$1,287 is requested for each single-family housing unit. Without such mitigation, the district will recommend that the application be denied. Sincerely, T . . Marvin Wade, Ed.D. Superintendent of Schools Weld County School District Re-3J Jan 19 06 11:04a Weld County SD Re-3(J) 303-536-2010 p.2 • • H .a U ' '- m n N, 2 L `d₹ f54 454 A ccT \ j v. GC I I CO if, ) .." O O N N i .� u L •.- 'c 7 oo N NI' Co CI O 1 i j 3 O ., z `e i - L 4. LI a. fs '0 17 N `-' C ^ " 0 = o a 2, o a a € E •1. U 7 "t N - 4 2 4-, U Cn t. O .d o ( , , I — m ›, Lc y. N P. C c - F u !` N a ♦. U •-• iu G M z w L O N r'i ch Li Jr., .-. o etc o r.Co. .0 U c c 0 W ze jo 2 d F C O C fl "u C C p C C .V (J C- O' "� y u x • L CC Z A ti W u i v N O O a -c i O ;•3 C c M M V '9 y a O O 5' Q e U! .C up A t, O O V] S. 4c C, � x - cr. :n .� cc a L 2 z i z b e o c o S V v .0 .. a r �' 0 N N 4J M ,ti O ;� 'J .. .C �, C O N v 7 N d' -C C ;R G� c. U J] �' C. v y al v E y c A a y c a-, o i o s .u O .5 a o C m ,-. w �'''- K .. c o a b nt X Q r c L y -5 to � co V •„,-_ G " u'1 0 O C R C <,-• '-' N c m ,.Vy.. V c co .; Q2 v = L .n H V. d 0 72 r ci CJ E -a E r ct .0 of U C ^J . F 4 A 7 �i \ a ~ F�� K \_ 5! Q P CLI o L .. col W4. _ cU - C w o V) v 0.. n o C. ;. Z May 11 06 02:03p Weld County SD Re-3(J) 303-536-2010 p.1 Weld County School Oi.e-3(J)199 West Broacway/P.O.Box 269/Keenellk,CO 60643 Tel:(303)536-2000/Fax:(303)536-2010 jaN. WELD all May 11,2006 Mr. Gordon Weichel 22762 WCR 22 Hudson,CO 80642 Case Number RE-4353 Dear Mr. Weichel: Cash-in-lieu of land of $1,287 payable at the time of issuance of a building permit is acceptable for Lot A (the parcel without an existing dwelling) of this recorded exemption. If more than this letter is needed for your dealings with the County please let me know. Sincerely, Marvin Wade, Ed.D. Superintendent of Schools Weld County School District Re-31 cc: Weld County Planning Department Doug Windsheimer • a) - in-A,,_._ail 44 LN C_ Ex.SY,..,y ho P2cpdsiE4 \ 4. �A E 7 ��, B-"1 uys for "5" Ae �" — - 0 versed / i LOT aA" tl 3x04/7 t C f• / I/ o PROPtseal Lor Dd z tir 11i he +/ ti r 1�--� o u C j\ -to 3:. c. ca O I d O a z, F; ul k. ti I I I 1 t• e- _ A� �" f' 5ov rh /3n,JNd y Nov Exis r, vi wek .v) • • / r I I 14 i HI i I _ J 22 ` jI 1 47 12 1 :O! •AIIIdI 1 I Proposed RE-4353 __.. I E i I I .999.19:99I 99949II I I I I 'Township No. - 2 ..-.-of Range No. fi$._ lest of the 6th Principal Ieridian. ,7 ,a ‘3 04q) 0) m� i 1 I t^•I ryA3 1 s A ' 5' r y. ti 'h,\� ti1 ,r;,Jul 7a .:7 ' �-' ! a.1 0> 1 /.� •••••• 0.1 01 'I �4 �A^ 'i Z,f'J. J a1 J o`4 !d qp 1' 1 I ,y 5 . ,, I JI A 7 0I v4 T. ,. 1� 11 a^ ai + a I • 1 e L .� IP' 1 n • D I 9, "�I to u yc I y . 8--- --}lam- t6- 14 1 o� a v of . . i . 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'.. ,.z ..,�,"[,'' a r' ' 3 u..ris ♦ °`Y. n: k�". ,_. >2,,.,.£.,.: . > > : ..:. .... `�B:,. 3'2'. a x. >"'QS `%,S"%.' ;.�: ii<s" ,.v � /. 9,?..:♦ • _, , , a.[ . .xc. c„-. ' ,,.,. . is. 's^...car„ • • s• ri ;•. ,R ,3i :3 ' , r r ��v,,� r, r♦ R -f e . * y.t K § GG • / « 1, 'p ��T Ne �'. I -z a ! a ' a '' a .% _.. . 1 ..hs ,�.1x 6 1 E° q , k � r 4 a • __ _ _ �. ...:. ♦.., ..ti: .0...0 x axr^..::. L 3. b.,-.,_.—, wea..._.... ...,.,,....♦,fix -- / ( 1 ., t q r 4\•). CI ,,s' >sa E s s f i g w p d • • • • • • 5s • • 0. f ro % 4ryt< LFasF% 3`� :_w • : , — a < °% Y: -e; Y, s• , ., k ''. i „ r'. .fi. • b • • g.: fi.. r 81 4 i µ�� u �50" if: *< hs4.br. .RSA\.,....«...._,_.._....._..>......-- -. —__ _-. a`E .<i. • • i...1'''';': j ' 8 v �. .E.d, .,4 r °i c ^' I . • I ' < \ ,.. Lx x.. L -• � �Y ..x fps• w«., v :.,� • .. I 1.. flea \\\I\ • 1sQ ; .,,..,..;.�� .. _ 1, t R �5 /` _ . / Ir ,f / ir • • ,,,i,t. • • I .. 1 / - - H:• • - - - I r .. / f,. y • 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#: 22/ 45 5•L • Date: /-31- c RE#: 4353 ! Other Case#: 1. Applicant Name cnrrtne p We;ehe1 Phone1n1-916_471 R Address77767 WrR 77 City Wirt gnn State r^. Zip Rn647 2. Address or Location of Access 22620 wrR 7 7 Section 14 Township 9n Range 6sty Subdivision Block Lot Weld County Road#: 7 2 Side of Road Grin th Distance from nearest intersection 1 /7 mi . 3. Is there an existing access to the property? Yes y No #of Accesses 1 4. Proposed Use: ❑ Permanent (1 Residential/Agricultural ❑ Industrial ❑ Temporary O Subdivision U Commercial ❑ Other 5. Site Sketch Legend for Access Description: AG = Agricultural __I L_ RES = Residential we O&G = Oil&Gas A D.R. = Ditch Road S- O = House v d = Shed 4r4 b Erix^+e^'T- iro Let C 4 A = Proposed Access .1 i ' sec.. vi _ A =Existing Access o} .IY C r C. x A5 � .ir , NT H /4/ t e V-7.111 F OFFICE USE ONLY: top O ffies IS tinAl Mgt.0-0 Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized O Information Insufficient Reviewed By: 4 . CERTIFICATE OF CON ENP:ES 1PD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUTY OF WELD The Security Title Guaranty Co. TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has been made a careful search o 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: The Southwest Quarter of Section 14, Township 2 North,Range 65 West of the 6th P.M., County of Weld, State of Colorado. CONVEYANCES if none appear, so state) Reception No. 1548454 , Book 626 Reception No. , Book Reception No. , Book Reception No. , Book Reception No. , Book Reception No. , Book Reception No. , Book Reception No. , Book The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificates not to be constructed as an Abstract o Title no an opinion of Title,nor a guarantee of Title and the liability of Security title Guaranty company, is hereby limited to the fee paid for this Certificate. In witness Whereof, Security Title Guaranty Company, has caused this certificate to be signed by its proper officer this 22nd day of December,2005, at 8:00a.m.. Securi y it. G aranty Com y B . A [to -ed Signature Security Title Guaranty Co 3690 W.10th St.,2nd Fl,7251 W.20th St,Bldg.A Greeley,CO 80634 (970)356-3200 - Fax:(970)356-4912 Toll Free:1-888-825-3215 T• 71.'+ �I I 1 C, {� rii o aU tr , .. r t i , .-I i'i pp �} . 1 7 e ill in a: 11 i s 1 . I ,; , F n Tr.r.iwt aae.p4a co ,. . , �� I t tal 11 11I t cz _... i 2. tltpl:p 1. - .. 33 1 4 fatn H i ..... Rey: dr . pp ' t .il. . i , 1 'maim 4HL*Eta!tsr THli9 ! ., C -F11 utd I. C7 Ft Y Pc—TSI' , t4G 1' • of tb ' t , ii d Stxe of'C'::fI .. 3!..:2.12 it I 3fn lin trakbeaii0n e( Otbu.- volts ' +.�: . v a ir r � "on-a-d nor lov Dcf r' . { s sfl:, ylg k.!, O". �bsed aid, bi stll and comfy to C -.: -' A 'i '1 R 1 n d tt, 1.". -` G y o „i 4 ,n'd Slate tor Cakx+,e,, iii tin FatYrM}g sad hratt"•ey,s?'v.,. • r., :•-4nue wf E ( ��e en and SUP of LLlaorm.,ww . - ,.�. > ls j IIi131 `" r m, - ]]i In The Southwest C,.er er (any) :, c en Fe rteen (14). Teanabip a v ; , � I -Two (2) Worth, Range Sixty f v 5) Wont of the Sixth ?rfncipal i + p1 Meridian: and a nernnnent w nt along East fence line of �u : the Northeast quarter (°tt',, .,, _... n ...eels (15), Townbip inn: ` IT A Two.(2) North, Range Sixty-ffvo (y5)West of the Sixth o•ieeieat e:;. ir it[ T, u • Meridian, for sccess to and onto he Southwest Qierter (SCA') of -7 -- 1 , Section Fourteen (14) from the public road naming east and 4. -last along the Worth line of said Sections 14 and 15, and the to G ` se: a 3.3.4.•e�.. • ..e ,_s. in width at the narrow-most ^. T. iG fi 'a-1111 :',t . .point and es further described in the instrument recorded in " .$ Beek 608, Reception Ho. 1,529,920, Weld County ?soda. t }T��- ifl•. c j1. e r 'R E S'at^DavnlegynroraaYyy7pe�e �C i ; bill Otto JUN.fL_..A7.G4I_. i il • ill tt with all it'appurtenances,and R rrnnt the tot to the s;..re suhK: to reservations contained -�T ,{4tit ,: ;Ili I Ca tiro V.S. Patanta; subject to mineral reset-rations, r f-ey:nree and exceptiraa I o2 record and rights of any Lon highway rumens. nrC trhjett: to :Senn of special i 1 asseaancnts by rosette of in u-ion of the premises within the boundaries of special t;• li"#' districts, if any, and subject to 19'0 gone al axes payable in 2971, Subject to un- IG naid principal balance or 925,500.0C' on oranisonry note to the Kansan City Life r.,- j-_- i. --'T `i ,4 = - 4.y... R._ -_.. _a. t52 17 g ky� the kn bieh grantee ee ss and agrees to nay, and subject to second -deed of truet r. yjs, A tl ' ...A.,., _ook $ my Zecorto, whim tiI;13ntee dt ,J+'-.i .1..„ essuser end agree to ay. _ _ Ct Il i,l Signed and delivered this 1.,t- ..y (4 Jane y ir. iViO - j igi 1 In s`-presence c( 4%�4tl,, :(• fa6tv.. IL t, S ..-, __p 4-ry6t.. race.s,a.,i (SEAL) 7 �1 F , It .ry .x._ /_..Ta�est --.r-' (SEAL' {{ — ' M. .e.ersen .:r It 1 :.w -a ') ` d Sjt (SEAL) ',. 2.-=. £ Q - ' E { STATE OF COLORADO,1 r i11.{! COUNTY OF y v{ 1 s }�}rr??11g1g - Boulder 4 'F L. 1((ti� 349 The foregoing ies:runxnt was acs:aca:td:Jt belcre me this..wilt day of Jim' ,1'I(/ 1970 bye Larry L. Petersen and Lenten M. Petersen J k I{.i i't WITNESS my hand and,(tics;seas;. B a Rile 3:y commiaios e3pres September 16, 1970 ,---</,' f 7 r �� - { Jt J / Node PulAc. C TI.,;': a eye • - r T �.�q I r r + C 1 d"1 •If1N aatnad ms`aa jests: .-.. name or Cac<a,i by f et a t m Crcxnutive m dSriit oWdV • w [{ N w u itdte .tI%jeci Om b�1 Waste el e-. .«cs+y nr? w 13 oscine or de..n+a+w•: _ �r a 3 �q ef::ctt t s. ne Monk ts:hc n. audeat or o hn user of arch , ...iatim, - Z LS ' =Wt ly Lag it STA21TOAYI RT:OVILL'C..._.MaT,SM- O 2.Y.-C. 1—a.. II C FF lg _-_-_ T a-s ;PARR';;7y DFFT- Stetrier/Fern a - 5 ,tr 1, tt = I ilia m*^ I EASEMENT ` FOR AND IN CONSIDERATION of the sum of One and No/100 Dollar a ($1.00) , and other good and valuable consideration, the receipt 1 r and sufficiency of which is hereby acknowledged, DARRELL.D. 4 ,i NICHOLS, also known as DARRELL NICHOLS, and BETTY J. NICHOLS, • el IS also known as BETTY NICHOLS, for themselves, their heirs and a assigns, have granted and conveyed and by these presents do o grant and convey unto LARRY L. PETERSEN and LQJREE` M. PETERSEN, D their heirs, and assigns, the free and uninterrupted perpetual Puse, liberty, privilege and easement for Larry L. Petersen and Louree M. Petersen, their heirs and assigns, and their tenants, customers, guests and invitees to pass free of charge by foot, .. automobiles and other vehicles in, along, upon and across the following described land: An easement for roadway purposes consisting of a strip of ground 14 feet wide along the East side of the Northeast Quarter (NE4) of Section Fifteen, ( 15) , Township Two (2) North, Range Sixty-five (65) West of the 6th Principal Meridian, to provide ingrefs, egress and regres to and onto the 2) Southwest Quarter (SW) of Section Fourteen et (14), 6th Principal Townshipwo(2) ' North, Range Sixty five (65) Meridian, Weld County, Colorado; in common with Grantors, their heirs and assigns, and their tenants, customers, guests and invitees; provided, however, this conveyance and easement shall automatically terminate when the above described property is properly dedicated to the public for road purposes. DATED this 11th of Aprils 1969. e�ty y7 L' / (SEAL) barrr`ell laic ►o s, aka Darrell Nichols c t 1 net (SEAL) Betty ric o s, aka Betty Nichols • EXHIBIT 11 IIIIDIP 1 I WRJ•5•Rev. 76 COLORADO DIVISION OF WATER RESOURCES • 818 Centennial Bldg., 1313 Sherman St,Denver,Colorado 802 X ` PERMIT APPLICATION FORM p RECEIVED Application must - be complete where ( )A PERMIT TO USE GROUND WATER I JUN 2 91981 applicable. Type or ( 4)A PERMIT TO CONSTRUCT A WELL ( print in BLACK FOR: (Si A PERMIT TO INSTALL A PUMP Ma MOMS INK, Md No overstrikes ME BliEO1 , or erasures unless ( I REPLACEMENT FOR NO. gg1e initialed. ( I OTHER ' 1 WATER COURT CASE NO. (1) APPLICANT- mailing address FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN NAME �q- 10 IA/„At, Receipt No. le /O// / STREET %.1 7 C Z n_n• 2 • Basin Dist. CITY 041_4(l/.SO.V Coca S ao Y9- CONDITIONS OF APPROVAL TELEPHONE NO. ,./0- nr ygo7 This well shall be used in such a way as to cause no material injury to existing water rights. The (2) LOCATION OF PROPOSED WELL issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water county W4 L 49 right from seeking relief in a civil court action. N M! 4 of the 5 W' ''A,Section / 7 APPROVED PURSUANT TO CRS 1973, 37-92-602 Twp.Z• e ,Rng. 4..f sL, 1i P.M. (3)(b)(II) AS THE ONLY WELL OR A TRACT lN.SI (E.W) OF 35 ACRES OR MORE DESIGNATED AS 4'O (3) WATER USE AND WELL DATA ACRES IN A/LJ)(terra,/ %q j y ,('`i c /y s T,2 iv ' R6I4, ' /, .?... Proposed maximum pumping rate(gpm) /...r— Average annual amount of ground water THE MUNICIPAL OR COUNTY COVER MEET to be appropriated (acre•feet): I. x SHALL BE CONSULTED WHEN LOCATING Number of acres to be irrigated: e / THIS WELL, AND THEIR REGULATIONS SHALL 8& 001eLIRD WITH, Proposed total depth(feet): i'f' Aquifer ground water is to be obtained from: SR "o C )(AvL-h. Owner's well designation GROUND WATER TO BE USED FOR: 1 ) HOUSEHOLD USE ONLY-no irrigation (0) (X,t DOMESTIC 11) ( I INDUSTRIAL (5) (AC) LIVESTOCK (2) ( ) IRRIGATION (6) 1 I COMMERCIAL (4) ( I MUNICIPAL (8) ( ) OTHER (9) APPLICATION APPROVED DETAIL THE USE ON BACK IN (11) 120940 PERMIT NUMBER 1 Ii JUL9u; (4) DRILLER 1 1 DATE ISSUED Name sE Es PIjj EXPIRATION PI^ DATE JUL 171983 f Street O �S a X J- 6 4":177.„.",71, city A 4 L T (St a L 0 70 ):/O l�ssi a WI E (State) (Zip) /` � 7�/ �'� ir� / BY / Telephone No. -� � Lic.No. t /f /' I.D. / _.a/ COUNTY 62- „.„,4 , e <„ htul�a+x STATE OF COLORADO �``” EI �' ® ' DIVISION OF WATER RESOURCES APR 9 1963 India(No....._/ls-.- .4._ OFFICE OF THE STATE ENGINEER :30UND WATER SST. IDWD.- ...-.I, I_ �, GROUND WATER SECTION (OLOMbO Use-- a`,: <F'�-•'I STATES . RealsMred -'t 6.-3 LOO AND HISTORY OF WELL • PERMIT NO..._-01 nn_r Driller T1C) F.N -jar (1T,T) ,iT . „i _L" N�_.�j WELL LOCATION / /_i[/ <. Owner Ian* a l_ j' u =1`"-;' -1.f. ,., re -. Weld County . Street 4c4c .a v2City ' o Gala.. ✓d�t`r,/. , n29( /,.7y9 '/� of SW . t/. of Sect 111 Tenant Twp 214 , Rge. 65w , ._...3._-PM •'.Use of Water irrigation No. On or By ft are Acres 100 North (ducriptron of Bile or land) I - it'Date Started 1-1Hrnh 25', , 19 63 I •' Data Completed Match 25 , 1963 •-- 'rrw'gr'--`----NE'YB--- - Yield 900 GPM or CFS ; WELL DESCRIPTION: West I am 60 Depth to Water 20 ft.'Total Depth ft. . (motored from ground surface)from 0 ft. to j9- ft., . 116 in. Hole from ft. to ft., ._ _.__in- Diameter from ft. to ft., in. South TEST DATA: How Tested x pump or Bailed ABOVE DIAGRAM REPRESENTS ONE FULL SEC- TION, LOCATE WELL ACCURATELY IN SMALL Date Tested,.-.j/26 , 19.63- Length 14. hit SQUARE REPRESENTING 40 ACRES. Rate 900 GPM Drawn Down.._.,.,2.,3 ft. or PUMP DATA: If the above is not applicable fill in: ,n Pump Type tnrbi ne Outlet Size 8 in. Na Street Driven by aJentric HP_.. 60 1 CASING WORMCity or Town Plain Casing or Size 18" , Kind Ste elfrom 0 ft. to- .39k ft. Lot , Block Size , Kind from ft. to ft. Subdivision (Include filing or number) Size , Kind from ft. to ft. Perforated Casing TO BE MADE OUT IN QUADRUPLICATE: t �, Original Blue and Duplicate Green Copy Size 18 , Kind steel from ft. to 59••- ft must be filed with the State Engineer within 30 days after well is completed. White Size , Kind from ft. to ft. copy is for the Owner and Yellow copy for Size , Kind • from ft. to ' ft. the Driller. `RIiYERSE slDk ,: �'�wr' .r''�5�, 1/4 is`'" qi ,y. WELD C Y DEPARTMENT OF PUBLI ALTH AND ENVIRONMENT 55 NORTH 17TH AVENUE, LEY, CO 80631 PHONE (970) 304-6415 FAX (970) 304-6411 . p, Ce Permit # : SP-9900544 Sec/Twn/Rng: 14 02 65 Status: p$$rMiln- Permit Type : RNEW C=cosvaercial, R=residential . NEW, REPair, VauLT Applied: 10/26/1999 Parcel No: 1307 14 000002 Issued: 10/27/1999 27hZp Finaled: /49//97y Location: 2246.8 WCR 22 14 02 65 Legal Desc : 11313 S2NW4 14 2 65 EXC OG&M %22640 WCR 22% SIT 22640 22 CR WELD APPLICANT WEICHEL GORDON 22762 WCR 22 , HUDSON, CO 80642 OWNER WEICHEL GORDON P & CLARKIE R 22640 WELD COUNTY ROAD 22 , HUDSON CO 80642 SEPT-ENGR HORIZON CONSTRUCTIONS Phone: (970) 330-3778 3310 STATE STREET, EVANS CO 80620 Description: MOBILE HOME Commercial (Y/N) : N Residential (Y/N) : Y Acres : . 160 . 00 Number of Persons : 3 Basement Plumbing (Y/N) : N Number of Bedrooms : 3 Bathrooms-> Full : 2 3/4 : 1/2 : Water Public (Y/N) : N Utility Name : Water Private (Y/N) : Y Cistern (Y/N) : N Well (Y/N) : Y Water Permit No: 16771 Percolation Rate : 9 . 8 Limiting Zone: >08 ft 00 in Desc : Ground Slope : Dir: Soil Suitable (Y/N) : Y Engineer Design Req' d (Y/N) : N In 100 Yr Flood Plain (Y/N) : N Minimum Installation Septic Tank: 1000 gal Absorption Trench: 522 sq. ft . Absorption Bed: 711 sq. ft . Actual Installation Septic Tank: IocU gal Absorption Trench: sq. ft . Absorption Bed: '1 i sq. ft . Design Type : O0w,etr, s Ilk NOTICE The issuance of this permit does not imply compliance with other state, county or local regulatory or building requirements, nor shall it act to certify that the subject system will operate in compliance with applicable state, county and local regulations adopted persuant to Article 10, Title 25, CRS as amended, except for the purpose of establishing final approval of installed system for issuance of a local occupancy permit persuant to CRS 1973 25-10-111 (2) . This permit is not transferable. The Weld County Health Department reserves the right to impose additional terms and conditions required to meet our regulations on a continuing basis. Final permit approval was contingent upon the final inspection of the completed system by the Weld County Health Department. X9 \61&\41( 1a 111`1 Environmental Specialist ate (eat KE - t3S3 TO 0i1 Q\.4"0 oe�E �eS6 CP -C-� 1.O 0 ` ' 0 RESOLUTION ROAFPROVVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY ROAD 45 AND AUTHORIZE CHAIR TO SIGN - GORDON WEICHEL 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 has been presented with a Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Road 45 Right-of-Way between the County of Weld, State of Colorado,by and through the Board of County Commissioners of Weld County,on behalf of the Department of Public Works, and Gordon Weichel, 22762 Weld County Road 22, Hudson, Colorado 80642, with terms and conditions being as stated in said agreement, and WHEREAS,after review,the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Road 45 Right-of-Way between the County of Weld,State of Colorado,by and through the Board of County Commissioners of Weld County,on behalf of the Department of Public Works and Gordon Weichel be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 5th day of June, A.D., 2006. BOARD OF •UNTY COMMISSIONERS ,�•. I �•`ELD CO;1 QTY, COLORADO /it, ATTEST: iitall 541O !G ile, Chair Weld County Clerk to the Bo ` �� W `_g USED !�l 1 2� &K1 \ avid E. Long, Pro-Tern Dep ty Clerk o the oard Wil iam H. J�ke AP 0 D AS T 097 b:\KD-- Robert 1\c.D-- ?/`�_ Robert D. Masden un Attorney AtiAi v� i 3 i , Glenn Vaad Date of signature: ao 2006-1504 EG0054 CO : PL), PL, tioPt„- 04, A-eb 074 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this 8 day of May , 2006, by and between WELD COUNTY, COLORADO, by and through the Board of County Commissioners of Weld County,Colorado,whose address is 915 Tenth Street, Greeley, Colorado 80631, as First Party, and Gordon P. Weichel, as Second Party whose address is 22762 WCR 22, Hudson, CO 80642. WITNESSETH: WHEREAS,Second Party desires to more effectively access property located at Southwest of Section 14, Township 2 North,Range 65 West of the 6th P.M. in Weld County, Colorado, and WHEREAS,First Party is the owner of the right-of-way known as WCR 45 for a distance of one mile south of WCR 22 and located as follows: 60 feet of right-of-way between Sections 14 and 15, Township 2 North, Range 65 West in the 6`h P.M. in Weld County, Colorado, which is hereinafter referred to as "ROW," and WHEREAS, ROW is currently not being maintained by First Party, and WHEREAS,Second Party wishes to upgrade and thereafter maintain ROW at his/her/its sole expense in order to provide said more effective access. NOW,THEREFORE,in consideration of the covenants contained herein and the agreements of said Second party to be performed hereunder, and upon the conditions herein stated,First Party does grant to Second Party, its successors and assigns, a nonexclusive license to upgrade and maintain ROW without gating or fencing across the same. The conditions by which Second Party may upgrade and maintain ROW are as follows: 1. First Party retains the right to revoke this Nonexclusive License Agreement at any time for any reason,but such revocation shall not prohibit Second Party's continued use of the ROW for access to Second Party's property, to the extent that such continued use is consistent with the right of the public to use the ROW. First Party shall give Second Party written notice of its intent to revoke this Nonexclusive License Agreement at least ninety(90) days prior to the intended date of revocation. Such notice shall be sent to Second Party by Certified Mail to its address written above or served upon Second Party in accordance with the Colorado Rules of Civil Procedure. Second Party shall have the duty of informing First Party of Second Party's change in address from his address written above. 2. The upgrade and maintenance of ROW by Second Party shall be done in such manner as reasonably prescribed by First Party, which manner shall include, but not be limited to, the following: I IIIIII 3398074 06/22/2006 01:39P Weld County, CO 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder a. ROW shall be constructed and maintained as a graded and drained all-weather road. b. If the installation of a cross culvert is required through an existing drainage pattern or ditch, Second Party shall be responsible to supply and install such culvert, which shall be inspected by First Party to ensure adequacy of capacity,strength,and length. Second Party shall be responsible to maintain the culvert after its installation, including periodically cleaning the same. c. If the installation of a cattle guard is required, Second Party shall be responsible to supply and install such cattle guard, which shall meet County standards. Second Party shall be responsible to maintain the cattle guard after its installation,including periodically cleaning the same. d. This Nonexclusive License Agreement does not grant the right to gate or fence ROW for private use,but is intended to provide access to private property. e. Prior to commending work within the ROW, Second Party shall, through the services of a licensed registered surveyor hired and paid for by Second Party, mark the location of the exterior boundaries of the ROW. 3. The upgrade and maintenance of the ROW by Second Party,including those items set forth in Paragraph I., above, or any other requirements stated by First Party, shall be at its own expense and without the aid or use of Weld County funds. Second Party shall be responsible for snow removal from ROW, if required to gain access, as part of the maintenance responsibilities referred to herein. 4. Except for the negligence of First Party, Second Party shall indemnify and save harmless First Party, its successors, assigns, employees, and agents from any damage or loss sustained by them or any of them to the extent caused by Second Party's negligence with respect to the upgrade and maintenance of the ROW. 5. Except for the negligence of First Party,Second Party agrees to protect First Party and save and hold it harmless from any and all third party claims and damages that said upgrade and maintenance may directly or indirectly cause to the extent attributable to the negligence of Second Party. Second Party hereby releases First Party,its successors,assigns,employees,and agents from any and all claims and damages of whatsoever character to property owned by Second Party resulting from any act, either on the part of the First Party or on the part of any third party. 6. Second Party shall not assign any or all of its rights under this Nonexclusive License Agreement without first obtaining written consent to such assignment from First Party, which consent shall not be unreasonably withheld. 1 111111 0111 111111111111 IIII 111111 11111 III 1IIII IIII Illl 3398074 06/22/2006 01:39P Weld County, CO 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 7. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation,promise,or consideration different from the terms herein contained shall be binding on either party hereto,or its agents or employees. This Nonexclusive License Agreement embodies all agreements between the parties hereto and there are no promises,terms,conditions,or obligations referring to the subject matter whereof other than as contained herein. 8. If any term or provision of this Nonexclusive License Agreement,or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Nonexclusive License Agreement,or the application of such terms or provisions,to a person or circumstances other than those as to which it is held invalid or unenforceable,shall not be affected, and every other term and provision of this Nonexclusive License Agreement shall be deemed valid and enforceable to the extent permitted by law. 9. No portion of this Nonexclusive License Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Nonexclusive License Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Nonexclusive License Agreement. 10. It is expressly understood and agreed that the enforcement of the terms and conditions of this Nonexclusive License Agreement,and all rights of action relating to such enforcement,shall be strictly reserved to the undersigned parties and nothing in this Nonexclusive License Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Nonexclusive License Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Nonexclusive License Agreement shall be an incidental beneficiary only. 11. There shall be a$150 fee for the fabrication and installation of blue and white cross roads signs identifying the section line road intersection for the use of addressing and emergency response. The blue and white signs identify a non-maintained County right-of-way. Distance and location from the nearest maintained County road may require additional information signs. If existing signs are in place, the fee may be waived. It is mutually understood and agreed that this Nonexclusive License Agreement and all the terms and conditions hereof shall extend to and be binding upon the parties hereto,their successors, and assigns. 1111111111111111111111111111111 11111 11111 I I I I 3398074 06/22/2006 01:39P Weld County, CO 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXECUTED IN DUPLICATE the day and year first above written. FIRST PARTY: ATTEST: has/ / „ ,�y!ARD OF COUNTY COMMISSIONERS :� !� • _ COUNTY, COLORADO Weld County Clerk to the Board r 361t_"}=t_e,, By: t.1.6 } (-KILL I, ' Deput lerk ��r M. . Geile, Chair 06/05/2006 SECOND PARTY: GORDAN P. WEICHEL BY; cra,r- /3 ,54.1 1/441 SUBSCRIBED AND SWORN to before me this nth day of TIAL7ld , 20 By eacr cl eri )e lc hui - �J WITNESS my hand and official seal Notary Public Mv commission expires: tfe6Y0°In5 .7 / NlNc T AMM tary Pubic M:IAGREEM ENTSW onexclusive@006\Weichel.doc Palo at Colorado 1 1111 1111111111 111111 1111 11111 111 11111 1111111 3398074 06/2212006 01:39P Weld County, CO 4 of 5 R 0.00 D 0.00 Steve Moreno Clerk&Recorder &OOO-.C5D9 '� ) tSy� :y `�. �� A y. HO H 4a ,,,h s .mr Tai :< x,, 444 it , 01.3-1,.C.-14.., r �rA t 'n y "� * £�� ,� PIS I[�j - r . ' i 44P 4'444 : , .1,036 r‘ .; a. i ��+ IL .1 A ; • . E • ($ 4\ .� M.. V A ~ IV •., O M r AM }`"y i� �atv,a V xn tl cc , ______,/. __ s r h 4 Y 4 . ,. - rr o d ..4 —a,—,-,ea '` • It p d — O G �..„ _ ; : WAR 22 S.L. kit g 4 a#' 4 .Y 7 '€ Pik d o mom-cn le �� Z,++ Al•6 ,.. �OO hY, a-1 -rp0 yY l,y i,'.. h N O r'.. 4,--4.,...,-‘,..,...,,,,;, w is, y.t N O •' ��Sk�ii^•�� i co oo -ow 11MN=CO 15 • ' k/ a rY COLD•E 6 t g'H I JJelr ,ty Planning Department IHWEST BUILDING 6 .iUN 8 2006 , � MEMORANDUM r CEIVED TO: Jacqueline Hatch, Planning Services DATE: June 5, 2006 CFROM: Donald Carroll, Engineering Administrator ' • COLORADO SUBJECT: RE-4353, Gordon Weichel On June 5, 2006, the Board of Weld County Commissioners approved the Nonexclusive License Agreement for Weichel RE-4353. This completes my requirement set forth in my previous memo dated February 2, 2006, requiring the applicant to enter into a Nonexclusive License Agreement for the access for the lot parcel split. pc: RE-4353 M:\PLANNING-DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-4353-A.doc Accela Automation:ShowPayDetai140-T8108-D Page 1 of 1 • I/rte Weld County Public Works Department f\ 1111 H Street Mailing Address: WINDeGreeley,CO 80632 P.O.Box 758 Phone:(970)356-4000 x3750 Greeley,Colorado 80632 COLORADO or(970)304-6496 FAX:(970)304-6497 RECEIPT Application/Permit Number: NP06-00062 Application/Permit Type: Miscellaneous/NA Applicant Name:Gordon or Clarkie Weichel Applicant Address: 22762 WCR 22 Hudson, CO 80642 Receipt Number:939 Payment Method:Check Reference Number:3653 Amount Paid:$250.00 Payment Date/Time:05/24/06 10:05:18 Cashier:Marj Caudill Comments: $150.00 sign fab fee;$100.00 non-exclusive license agr. T8108-D Version 4.D GORDON OR CLARKIE WEICHEL 3653 22762 WCR 22 303-63&4218 82.2.A11070HUDSON,CO 80642 I �{ e �Jf. � a� ��j y� y HATE c I' MEW AYE R�a !'.( (l'--�'fa"♦ K 4.CO COX. I $. 5a O ' 0RDER�� F r , n i •furr 1 me Wc ittto tl InI, FOR http://accel. u:10 700 2 4 481:L30035398lie 3653 ;006 Hello