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DEPARTMENT OF PLANNING SERVICES
t RECORDED EXEMPTION
�� ADMINISTRATIVE REVIEW
COLORADO
•
Applicant: Dennis Schulte and A. Bruce Johnson RE-3337 Planner: ko
Legal Description: S2 SW4 Section 9,T7N, R65W of the 6th P.M.,Weld County, Colorado
Parcel ID#: 0709 09 000005
Lot C Size: N/A Lot B Size: 75+/- acres Lot A Size: 4+/- acres
Water Source: North Weld County Water District Sewer System: Septic
Criteria Checklist
Yes No
LA, 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 24-8-80 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.B.1 through 24-8-40.B.6 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 (1.S.D.S.)regulations.
2. The Applicant has proposed a well as the source of adequate water for Lot B. 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.
ate- 33
RE333-7
3. Topographic or physical features of the proposed Lot A or B, 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. Due to the prime agricultural soils on Lot B, the applicant shall submit a proposed building
envelope to the Department of Planning Services for review. Upon approval by the
Department of Planning Services, the building envelope shall be delineated on the plat. All
building envelopes shall take into consideration setbacks from oil/gas structures as required
by Section 23-6-10 of the Weld County Code.
#Br.' The plat shall be titled: Recorded Exemption No. 0709-09-3 RE-3337
In accordance with Chapter 8, Article II of the Weld County Code, Lot A shall be granted one
residential/agricultural access. Direct access from a public road shall be limited to one access
per legal parcel for residential use, no circle drives or additional accesses shall be granted.The
road shall be graded and drained to provide all weather access. Accesses shall be placed in
such a location as to have adequate sight distance in both directions,shall not be placed below
the crest of a hill or where physical obstructions are present and shall be a minimum distance
of 75 feet from any intersecting County or State roadway.
k' Lot B shall use the existing agricultural /oil and gas/ditch road access points necessary for
agricultural operations as no additional accesses shall be granted.
2` 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.
Weld County Road 41 is designated on the Weld County Transportation Plan Map as a section
line access: This road is NOT maintained by Weld County.
jilt. The applicant shall complete a Nonexclusive License Agreement for the upgrade and
maintenance of Weld County Road 41 right-of-way.
H. The Colorado Department of Transportation(COOT)has jurisdiction over all accesses to State
Highways. Please contact CDOT to verify the access permit or for any additional requirements
that may be needed to obtain or upgrade an access permit.
The applicant shall provide to the Weld County Department of Planning Services a copy of the
access permit issued by the Colorado Department of Transportation (COOT) which grants
access to State Highway 14, or written evidence that the applicant has complied with the
requirements of the Colorado Department of Transportation (CDOT).
State Highway 14 requires 200 feet right-of-way at full build out. A total of 100 feet from the
centerline of State Highway 14 shall be delineated right-of-way on the plat.
K. The applicant shall address the requirements of Weld County School District RE-2 as stated in
the referral response received June 3,2002. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services.
-
1
L. The West Greeley Soil Conservation District has provided information regarding the soils on the
site.The applicant shall submit written documentation that they have reviewed the information
and will use it to positively manage on site soils.
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.
N. 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, H, I,M and R in Table 3-A of the 1997 Uniform 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 23-6-10 of the Weld
County Code.
2) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
3) All construction or improvements occurring in the flood plain as delineated on Federal
Emergency Management Agency FIRM Community Panel Map 0802660480 C dated
September 28, 1982, shall comply with the Flood Hazard Overlay District requirements
of Chapter 23, Article V, Division 3 of the Weld County Code.
4) The installation of any septic system within the 100-year flood plain shall comply with the
Weld County I.S.D.S.flood plain policy.In accordance with the State of Colorado I.S.D.S.
Regulations, no septic system shall be installed with in the floodway.
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 Lot B has an adequate water supply of sufficient
quality, quantity and dependability.
7) 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.
8) Prior to the release of building permits for any structure exceeding 3,600 square feet,the
applicant must comply with the requirements of Appendix III-A of the Uniform Fire Code.
9) Should noxious weeds exist on the property or become established as a result of the
proposed development the applicantllandowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code.
10) Recorded Exemptions on adjacent properties may raise the issue of compliance with the
intent of the Recorded Exemption Process.Approval of this Recorded Exemption does
not guarantee approval of future applications on adjacent properties.
11) Any disturbance of wetlands shall require the applicant to contact the Army Corps of
Engineers for permits pursuant to Section 404 of the Clean Water Act.
12) Potential Purchasers are hereby notified that a confined animal feeding operation is
located directly east of the intersection of Weld County Roads SH 14 and WCR 43.
Off-site impacts that may be encountered include noise from trucks, tractors and
equipment; dust from animal pens and odors from animal confinement, silage, and
manure.
13) Prior to the release of building permits on Lot A or Lot B,the Lot owner shall verify with
the nearest Town/City or Sanitation District to determine the location of the nearest
sanitary sewer line. In accordance with the Weld County Code, if a sewer line exists
within four hundred (400)feet of the property line and the sewer provider is willing to
serve the proposed structure, a septic permit cannot be granted by the Weld County
Department of Public Health and Environment. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services.
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 24-8-70 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. 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 mapsco.weld.co.us.
7. 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.1\/By / ,,� .P Date July 1, 2002
Kim Ogle •3/PI ner III
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Item Comments Check
Proper size of plat 1,24"X 36" 0,-18"X 24"
Boundaries of Lot(s) 0'°"'
Scale Suitable Scale? (Approx. 1"=200'or 1"=100')
Access indicated Shared access? If so,is Easement Certificate included?
Roads labeled, including R.O.W. -
Building Envelope(s)
Vicinity Map Suitable Scale?(Approx. 1"=2000');Not on SE
North Arrow
Legal Description
Notes from Planner/
Development Standards
Conditions Of Approval
completed?
Owner's Certificate Notarial Certificate included? If deed indicates two
• owners,have both signed the plat?
Surveyor's Certificate, All surveyed plats
Note:USR plats do not need to be surveyed
Surveyor's stamp
Director of Planning Certificate Notarial Certificate included?
(RE,SE,SPR,Final PUD,if Staff Approved)
Planning Commission Certificate (USR's,COZ,)
Board Certificate (USR's,COZ,Final PUD but not if it was Staff apprci er0.d)
*RE,SE&ZPMH,if Board approved.
Typical Road Cross Section If a COZ,Final PUD
Easements If Final PUD
• Please return the plat to CAD Tech. within 24 hours of receiving the plat.
Planner On Call: (Initials)
Planner Signature: Date:
WELD COUNTY, COLORADO
DEPARTMENT OF PLANNING SERVICES 1555 N . 17TH AVENUE t\b°�
GREELEY, CO 80631
PHONE (970) 353-6100, EXT. 3540 - FAX (970) 304-6498
DATE: 20 RECEIPT 08444
RECEIVED FROM :
NO. TYPE FEES
4221 - RE/SE
4221 - ZPMH
4221 - USR
4221 - SITE PLAN REVIEW
4221 - COZ
4221 - PUD
4221 - SUBDIVISION
4221 - BOA
4221 - FHDP/GHDP
4430 - MAPS/PUBLICATIONS j
4430 - POSTAGE
4430 - COPIES
4730 - INVESTIGATION FEE
6560 - RECORDING FEE
MISC.
D CASH ❑ CHECK NO: TOTAL
BY:
WHITE - CUSTOMER CANARY - FINANCE PINK - FILE
WELD COUNTY, COLORADO
DEPARTMENT OF PLANNING SERVICE..
1555 N . 17TH AVENUE
GREELEY, CO 80631
PHONE (970) 353-6100, Err. 3540 - FAX (970) 304-6498
DATE: 20 RECEIPT 08049
RECEIVED FROM :
NO. TYPE FEES
4221 - RE/SE
4221 - ZPMH
4221 - USR
4221 - SITE PLAN REVIEW
4221 - COZ
4221 - PUD
4221 - SUBDIVISION
4221 - BOA
4221 - FHDP/GHDP
4430 - MAPS/PUBLICATIONS
4430 - POSTAGE
4430 - COPIES
4730 - INVESTIGATION FEE
6560 - RECORDING FEE
MISC.
❑ CASH ❑ CHECK NO: TOTAL
BY:
WHITE - CUSTOMER CANARY - FINANCE PINK - FILE
Permits on SLIC:
Date: ( 4
From:c :o 'l:'>i;` YANIA To:14, Aidel'A; 4 4.,.-iteroWevtleA
Legal Description: Sp 4. 44 6? ///
•
Date: I?„ A c3 '8
From: , wr `y WI; To: y, :. -ra-te,*0.1‘40.
Legal Description: ►i? V1,x4,4, ) IRS /1/'-, _
Date: SOOT
From: ,`f,t GA,1-01 , To: J
Legal Description: w4 6? 45
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Date: a 1 Ayt,
From: , to l t: a_t To: pe,ein"Ls ,,,Vritte, 4 A,eietA g4#: J wz:u. IUUU
Legal Description: .97, 5v4 - i `" e.•
Date:
From: To:
Legal Description:
Date:
From: To:
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Date:
From: To:
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Date:
From: To:
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Date:
From: To:
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Page 1ofI
abjohnson@ctos.com
From: "Mice-Idler, Gloria" <Gloria.Nice-Jdler@DOT.STATE.CO.US>
To: <abjohnson@ctos.com>
Sant: Monday,August 19, 2002 8:42 PM
Subject: Schulte -RE3337
Bruce,
Thank you for forwarding me an explanation for the accesses to this parcel. Based upon that
information, CDOT has agreed to allow the accesses to remain. The accesses to the creek
should be removed at such time as they are no longer required for irrigation maintenance. A
new access permit is necessary for the access on the east, authorizing the increased traffic
volumes as a result of a new home.
If you should have any questions, please do not hesitate to contact me.
Gloria I-lice-Idler
Assistant Access Manager
(9700 350-2148
8/19/02
DEPARTMENT OF PLANNING SERVICES
P 1555 N. 17th AVENUE
GREELEY, COLORADO 80631
WEBSITE: www.co.weld.co.us E-MAL: kogle@co.weld.co.us
C. PHONE (9710)353-6100, EXT. 3540
FAX (970)304-6498
COLORADO
July 3, 2002
Dennis Schulte
114 37'" Street
Evans, CO 80620
Subject: Recorded Exemption (RE-3337)
Dear Dennis:
The Department of Planning Services' has reviewed your application and related materials for
compliancy with the Weld County Code. We find that your proposed Recorded Exemption meets the
intent of the Code and it has been conditionally approved by staff. We have enclosed our comments for
your case.
If applicable, please address all issues identified in the staff comments. Prior to submitting the Mylar,
please submit two(2) paper copies of your plat for review by the Department of Planning Services' staff.
Upon approval of the paper copies please 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 24-8-70 of the Weld County Code. The Mylar plat and additional requirements
shall be submitted within sixty(60) days after the date the Administrative Review was signed or after the
date of the Board of County Commissioners resolution. There is a ten (10)dollar recording fee per
Mylar sheet that you will be responsible for paying to record the plat.
If you need any further information, please feel free to contact me at the above address, telephone
number or e-mail address.
Sincerely,
Kim Ogle
Planner III
enclosure
DEPARTMENT OF PLANNING SERVICES
1555 N. 17th Avenue
Greeley, CO 80631
.: Phone (970) 353-6100, Ext. 3540
Fax (970) 304-6498
r S b
COLORADO
May 24;2002
Dennis Schulte
114 371h Street
Evans CO 80620
Subject: RE-3337 A Recorded Exemption located on a parcel of land described as S2 SW4 of Section 9,
T7N, T65W of the 6th P.M., Weld County, Colorado.
Dear Applicant:
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 Ault Planning Commission for their review and comments. It is recommended that you and/or a
representative be in attendance at the Ault Planning Commission meeting to answer any questions the
Commission members may have with respect to your application. Please call Ault at (970) 834-2844, for
further details regarding the date, time, and place of this meeting.
If you have any questions concerning this matter, please call me.
Sincerely,
Kim Ogle /Ayr
Planner
Wine APPLICATION FLOW SHEET
COLORADO / 3" I
APPLICANT: Dennis Schulte and A. Bruce Johnson CASE#: RE.336
REQUEST: Two Lot Recorded Exemption
LEGAL: S2 SW4 Section 9,T7N, R65W of the 6th P.M., Weld County, Colorado.
LOCATION: North of&adjacent to Hwy 14; East of&adjacent to WCR 41;
PARCEL ID#: 0709 09 000005 ACRES: +/-79
Date By
Application Received 5-20-2002 CA
Application Completed 5-23-2002 ko
Referrals listed 5-23-2002 ko
Design Review Meeting (PUD)
File assembled 5.24.02' l)./1/1
Letter to applicant mailed 15,Z4.cL D-AA
Vicinity map prepared
Referrals mailed y,tit' 0L OKA
Chaindexed 5 .tA-1 .o L 7/ v
Field check by DPS staff ,(
Administrative Review decision:Ark n-O 1 •a, c�2 vo
1 Date By
County Commissioners Hearing Date (if
applicable)
Surrounding property owners notified
Air photo and maps prepared
CC action:
CC resolution received
Recorded on maps and filed . C,,p'L SAM
Overlay Districts
Zoning Agricultural - PRIME
MUD Yes No_x_
IGA Yes No_x_
Airport Yes No_x_
Geologic Yes No_x_
Flood Hazard Yes x No Panel #080266 0480 C
Road Impact Yes No_x SW Weld 1 2 3 Windsor_
APARTMENT OF PLANNING SERVICEr
Weld County Admi,. ,rative Offices, 1400 N. 17th Avenue, Gret....y, Colorado 80631
Phone (970) 353-6100, Ext. 3540 - Fax#(970) 352-6312
APPLICATION FOR RECORDED EXEMPTION
Application Fee Receipt Number Case Number
Recording Fee Receipt Number _ Zoning District
Application Checked By_ — Planner Assigned to Case
TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures).
I (we), the undersigned hereby request that the following described property be designated a recorded
exemption by the Weld County Board of County Commissioners.
Legal Description: S z SW q of Sec. 9_ TWP7N,N, Total Acreage: 8 0± Zoning Aq
Rg. 65W
Parcel Number: 0 7 0 9 0 9 0 0 0 _0 _0 5 (12 digit number-found on Tax I.D. Information or
obtained at the Assessor's Office).
Has this 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 X_ No
Does the parcel of land under consideration lie in any of the following Overlay Districts?
Flood Hazard: Yes X No__; Airport: Yes— No X ; Geological Hazard: Yes o No X
FEE OWNERS OF PROPERTY
Fax
Name: Dennis L. Schulte /1-rohWe/Phone#330-5123 Work Phone# 330-4844
Address: 114 37th Street City/State/Zip CodeEvans , CO 80620
Applicant or Authorized Agent: Phone#
Address: City/State/Zip Code
Name: Home Phone# Work Phone# •
Address: City/State/Zip Code
Larger Parcel Smaller Parcel Smaller Parcel
Applicable only for 3-lot
Recorded Exemption
Proposed. Existing
Water Source Domestic Well NWCWD Tap
Type of Sewer Proposed ISDS Proposed ISDS
Irrigated Rural
Proposed Use Farmland Residence
Acreage 75 Acres 4 Acres
Existing Dwellings
Yes or No No No
Existing Dwellings Address (if applicable):
Larger Parcel None _ Smaller Parcel None
Smaller Parcel (applicable only for 3-lot Recorded Exemption)
I hereby state that all star ments, p p sais, or plans submitted with this pplication are true and correct to
the best of my k
ss{p /7
Rev: 1-27-97 Signature: Owner or Au horized Agent
Dennis L. Schulte
5
May 22, 2002
Department of Planning Services
1400 N. 17th Avenue
Greeley, Colorado 80631
TO WHOM IT MAY CONCERN:
Please send all correspondence with applicant to:
Dennis L. Schulte
114 37th Street
Evans, CO 80620
who is the applicant in this matter. If you need any further information, I will try to accommodate
your reasonable requests.
1. Attached is a completed application(plus nine copies) for a Recorded Exemption for
Dennis L. Schulte the owner and applicant. Subject land is S V2 SW '/4 Section 9,
Township 7 North, Range 65 West of the 6th P.M., Weld County, Colorado.
2. Included is the original completed Recorded Exemption Questionnaire (plus nine copies).
3. Attached is an 8 '1z" x 11"map(plus nine copies) drawn to include the following items:
a. Boundary of the property
b. Boundaries of the two proposed lots
c. North arrow
d. All existing and proposed lots
e. Name of existing roads or highways abutting the property
f. Easement and/or rights of way
g. Existing structures including: dwellings (NONE),mobile home (NONE), outbuildings
(NONE),pens(NONE), irrigation ditches (YES), oil and gas well production facilities
(NONE).
4. Included is the original Weld County Road Access information sheet (plus nine copies).
5. A copy of the deed identifying the applicant's interest in the property.
6. Attached is the letter from North Weld County Water District for this property.
7. A septic system permit will be required for proposed Lot A and Lot B in this application at
such time a building permit is requested.
8. The original Certificate of Conveyance form and attachments are included in the original
packet.
9. A copy of the paid tax receipt is attached for year 2001.
10. A check for$990 from applicant is included as payment of the application fee.
11. The $10 recorded exemption plat (mylar) recording fee will be submitted at the time the
mylar is submitted for recording. The mylar will be prepared according to Section 11-7 of
the Subdivision Ordinance.
Thank you for your assistance in this matter.
Sincerely,
Dennis L. Schulte
Attachments: Application
Questionnaire
Map
Weld County Road Access Information Sheet
Certificate of Conveyance and Deed
NWCWD Letter
Tax receipt
Check for A lication Fee
PP-_-
•
RECORDED EXEMPTION QUESTIONNAIRE
1. a. Domestic Water: The larger lot (proposed lot B)qualifies for a 35 +Acre
Domestic well which is not needed at the present time and therefore a well permit has not been
submitted. The smaller lot has an existing North Weld County Water District water tap. The
sufficient quality, quantity and dependability have long time experience in the area..
q 3 1p---�-
b. irrigation Water: The large lot has been historically irrigated. All of the
historic irrigation water will remain with the larger lot(proposed lot B).
2. Sewage Disposal: Septic disposal systems approved by the Weld County Health
Department will be required With the building permits when applicable. Owners of that lot shall
meet these requirements at the time of application. The soil is satisfactory for individual septic
disposal systems. A septic permit is not appropriate at this time for the size of the house, its
bedrooms, bathrooms, and number of people living therein are unknown.
3. Present Use of Property: The larger parcel has historically been an irrigated farm. The
source of irrigation water is the Eaton Ditch and irrigation wells. The smaller arcel has been
partially used as (2 acres) farmland.
4. Reason for Proposed Recorded Exemption: The primary reason for this application is
the applicant has other residences and farmland in the area and only has a desire for the irrigated
farmland. The farming operation will be enhanced by the financial contribution this split will
allow. This may be the only revenue this year due to the drought.
5. Description of Lots: The larger portion comprises of 76± acres or all of the S '/ SW '/
except 4±acres in proposed Lot A. The smaller lot will be approximately 4 acres comprising of
the land in the southwest corner, north of Highway 14 and east of the west section line.
6. Unique Physical Characteristics: The property-lies rather flat with irrigation water
being provided. The property is row irrigated. This property is 4 miles east of the town of Ault.
The 4 acre lot location provides the least impact on the irrigation of the balance of the farm.
7. Structure Compliance: There are no existing structures other than concrete irrigation
ditches and tail water pit: Future structures must comply with Weld County setback and offset
requirements for agriculturally zoned districts and building codes. The size and shape of the lots
allow for appropriate structure location.
8. Conservation Easement: -The applicant does not believe aformal conservation
easement on either parcel is appropriate for the agricultural zoned district. A change to other
uses will require an application for such change and Weld County has approval/denial control at
that time. The applicant cannot envision at this time why any use other than agricultural would
occur. Thus agriculture (irrigated farming in this case) will continue.
•
9. Building Envelope: A building envelope is not identified in SW corner of property as
proposed Lot A. It is not reasonable at this time to identify a building envelope for the proposed
Lot B for the owners have no desire to build a house on this property. Future owners if and
when,shall have that option. Do to the flood plan on the easterly portion, only an area north of
proposed Lot A would currently qualify for a building permit.
10. Comprehensive Plan: Weld County Comprehensive Plan is the applicable document.
This recorded exemption application is the process allowable for exception to the Weld County
Subdivision Ordinance when an approved subdivision is not present. This application is
complete. It satisfies the application criteria.
11. Surrounding Land Use: The proposed uses of this application are compatible with
existing land uses. Land to the south,north, west and east is irrigated farmland and rural
residences. The smaller parcel will be a rural residence the same as every farm in the area. The
town of Ault is 4 miles west from subject property. The nearest rural residence is approximately
mile of proposed Lot A. Thus no significant additional impact..
12. Agriculture District Intent: The agricultural district is intended to preserve prime
farmland. This application requests that approximately two acres of farmland (very difficult to
irrigate) be removed from production. It also allows for rural housing. The irrigated farmland
will continue to be the open space of the neighborhood. Via the recorded exemption process it
allows for a rural housing split, especially for financial reasons associated with the drought.
13. Efficient and Orderly Development:
a. This application through the recorded exemption process restricts development. The
location has the least possible impact to the land;therefore,the most orderly and integrated
development. •
b. This application promotes the health, safety and general welfare of the applicant and
allows a desiring family to enjoy a rural residence. Safe water and sewer and quality of life is
• granted while allowing the owner to remove a headache associated with caring for unnecessary
non-irrigated land.
c. This application is 4 miles east of the Town of Ault, the closest town. By the nature of
this recorded exemption application, Weld County Planning is controlling the impact to
productive farmland while allowing for rural residential demand.
d. This application is not within the Ault planning area. Applicant if requested, will
assist Weld County in coordinating plans with Ault.
e. This application is not a subdivision as such, but is well planned to least impact the
citizens of Weld County and the farming community.
f. The public is safe guarded by potable water, ISDS septic system, quality of life and the
financial stability of the applicant and the generally better cared for property.
g. This application complies in every detail to the very thorough recorded exemption
process of the subdivision regulations of Weld County. It provides a uniform procedure and
standard for rural residences in agriculture-zoned areas.
h. None of the applicants' land is wooded;therefore, fire related to wooded terrain is not
applicable.
i. This application mavI*rizes the preservation of productive agricultural land. At the
present time approximately 2 acres of irrigated land will be taken out of production.
j. The irrigation water historically associated with this farm is allocated to the
historically irrigated lands on proposed Lot B. The existing delivery systems will remain intact.
k. The historic vegetation patterns will remain for proposed lot B and future landscaping
will enhance any future rural residence yard. This, the irrigated farmland will be maintained
while the proposed lot A will be enhanced by owner caring for the future residence.
1. The relatively flat surface will be maintained in normal irrigated farmland cultural
practices in compliance with NCR office. Proposed Lot A is also relatively flat and is adaptable
to nearly any landscaping plan.
m. The irrigated farmland tillage practices of crop residue and deep tillage on nearly flat
land, maximizes flood control. Lot A run-off, if any, is adjacent to proposed Lot B and the
drainage area(barrow area)along Colo. Highway.14 and should not be any different than
historic flow. The historic flow of irrigation or rain water will not be changed for proposed Lot
B. Both lots are adjacent to Cob. Highway 14 and all flow is east toward the creek.
n. The lots have good sites and soil type for building construction.
o. The relatively flat terrain is not troubled with landslides or mudflows. There are no
known geologic hazards.
p. Space allocated for school and parks to serve this population is insignificant and not
applicable. The open space nature of this application more then compensates. The school fee
will be paid after approval and prior to the recording of the Mylar.
Report Date: 05/13/2002 10:28AM WELD COUNTY TREASURER •
Page: 1
CERTIFICATE OF TAXES DUE CERT#: 11012
SCHEDULE NO: R0906586 ORDER NO: UO3.6519A02
ASSESSED TO: VENDOR NO: 9
TATEYAMA GEORGE M (1/3 INT)& SECURITY TITLE OF GREELEY
O/O GEORGE TATEYAMA 3690 W 10TH ST, 2ND FLOOR
41518 COUNTY RD 43 0.
AULT, CO 80610 d. GREELEY CO 80634
LEGAL DESCRIPTION:
13971 S2SW4 9 7 65 (3R)
PARCEL: 070909000005 SITUS ADD:
TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE
2001 TAX 796.28 0.00 0.00 796.28 0.00
TOTAL TAXES 0.00
GRAND TOTAL DUE GOOD THROUGH 04/30/2002 0.00
ORIGINAL TAX BILLING FOR 2001 TAX DISTRICT 0224-
Authority Mill Levy Amount Values Actual Assessed
WELD COUNTY 20.559 196.34 AGRICULTURAL L 32,842 9,520
SCHOOL DIST RE2 47.368 452.36 AGRICULTURAL R 345 30
NCW WATER 1.000 9.55 -------
NWC WATER 0.000 0.00 TOTAL 33,187 9,550
AULT FIRE 4.171 39.83 }'
AIMS JUNIOR COL 6.620 63.22
WELD LIBRARY 3.249 31.03
WEST GREELEY SOIL 0.414 3.95
83.381 796.2$-TAXES FOR 2001
FEE FOR THIS CERTIFICATE 10.00
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,
REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY
COMMISSIONERS,THE COUNTY CLERK,OR THE COUNTY ASSESSOR.
This certificate does not include land or improvements assessed under a separate account number,personal property taxes,
transfer tax or misc.tax collected on behalf of other entities,special or local improvement district assessments or
mobile homes,unless specifically mentioned.
I,the undersigned,do hereby certify that the entire amount of taxes due upon the abo e described parcels of real roperty and all
outstanding sales for unpaid taxes as shown by the records in my office from which t e ame may still be dee d with the amount
required for redemption are as noted herein.In witness whereof,I have hereunto s m hand and seal t 13th jay of May,2002.
TREASURER,WELD COUNTY, DONALD D. MUELLER, BY / cel2
P.O. Box 458
Greeley, CO 80632
(970) 353-3845 ext.3290 •
REFERRAL LIST —53-1
APPLICANT: Dennis Schulte and A. Bruce Johnson CASE#: RE
COUNTY TOWNS and CITIES
Attorney X Ault Legal
_X_Health Department Berthoud
Extension Service Brighton Zone Dist
_Emergency Management Office
Sheriff's Office Dacono FP
X Public Works Eaton
Housing Authority Erie Panel#
Airport Authority Evans
Building Inspection Firestone Airport
_X_Code Compliance-Share File with Planning Fort Lupton
Assessors Office/Chris Woodruff(Final Plan) Frederick Geo Haz
STATE Garden City
Division of Water Resources Gilcrest Pin#
Geological Survey Greeley
Department of Health Grover
_X_Department of Transportation Hudson
Historical Society Johnstown
Water Conservation Board Keenesburg
Oil and Gas Conservation Commission Kersey
Division of Wildlife: LaSalle
South of Hwy 66 (Loveland) Lochbuie
XNorth of Hwy 66 (Greeley) Longmont
Division of Minerals/Geology Mead
FIRE DISTRICTS Milliken
_X_Ault F-1 New Raymer
Berthoud F-2 Northglenn
Briggsdale F-24 Nunn
Brighton F-3 _Pierce
Eaton F-4 Platteville
Fort Lupton F-5 Severance
Galeton F-6 Thornton
Hudson F-7 Windsor
Johnstown F-8
La Salle F-9 COUNTIES
Mountain View F-10 Adams
Milliken F-11 Boulder
Nunn F-12 Larimer
Pawnee F-22 Broomfield
Platteville F-13
Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES
Poudre Valley F-15 US Army Corps of Engineers
Raymer F-2 USDA-APHIS Veterinary Service
Southeast Weld F-16 Federal Aviation Administration(for structures over 200'or
Union Colony within 20,000 feet of a public airport)
Western Hills F-20 Federal Communication Commission
Wiggins F-18
Windsor/Severance F-17 SOIL CONSERVATION DISTRICTS
Brighton
OTHER Fort Collins
Union Pacific Railroad _X_Greeley
Panhandle Eastern Pipe Line Co. Longmont
_X School District RE-2 West Adams
Art Elmquist(MUD) Southeast Weld
_X EATON Ditch Company Platte Valley
Lin or Robin for addressing (Change of Zone)
COMMISSION/BOARD MEMBER
/- REFERRAL LIST
NAME: Dennis Schulte CASE NUMBER: RE-3337
REFERRALS SENT: May 24, 2002 REFERRALS TO BE RECEIVED BY: June 14, 2002
COUNTY TOWNS and CITIES
Attorney _X Ault
_X Health Department Brighton
Extension Service Broomfield
_Emergency Management Office Dacono
Sheriff's Office Eaton
X Public Works Erie
Housing Authority Evans
Airport Authority Firestone
Building Inspection Fort Lupton
_X Code Enforcement Frederick
STATE Garden City
Division of Water Resources Gilcrest
Geological Survey Greeley
Department of Health Grover
_X Department of Transportation Hudson
Historical Society Johnstown
Water Conservation Board Keenesburg
Oil and Gas Conservation Commission Kersey
Division of Wildlife: LaSalle
Loveland Lochbuie
_X_Greeley Longmont
Division of Minerals/Geology Mead
FIRE DISTRICTS Milliken
_X Ault F-1 New Raymer
Berthoud F-2 Northglenn
Briggsdale F-24 Nunn
Brighton F-3 Pierce
Eaton F-4 Platteville
Fort Lupton F-5 Severance
Galeton F-6 Thornton
Hudson F-7 Windsor
Johnstown F-8
La Salle F-9
Mountain View F-10 COUNTIES
Milliken F-11 Adams
Nunn F-12 Boulder
Pawnee F-22 Larimer
Platteville F-13
Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES
Poudre Valley F-15 US Army Corps of Engineers
Raymer F-2 USDA-APHIS Veterinary Service
Southeast Weld F-16 Federal Aviation Administration
Windsor/Severance F-17 Federal Communication Commission
Wiggins F-18
Union Colony F-20 SOIL CONSERVATION DISTRICTS
Brighton
OTHER Fort Collins
X_School District RE-2 _X_Greeley
_X Eaton Ditch Company Longmont
West Adams
.fr`• a•
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y'° MAY 2 8 2002
WELD COUNTY
PUSIL;O WORKS DEPT
Weld County Referral
. a. f x.
COLORADO May 24, 2002
The Weld County Department of Planning Services has received the following item for review:
Applicant Dennis Schulte Case Number RE-3337
Please Reply By June 14, 2002 Planner Kim Ogle I
Project Two Lot Recorded Exemption I
I
Legal S2 SW4 of Section 9, T7N, T65W of the 6th P.M., Weld County, Colorado.
Location North of and adjacent to Hwy 14; east of and adjacent to WCR 41. For a more
precise location, see legal.
Parcel Number 0709 09 000005
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.
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
Agency adic 6�,44 Date
Date
•?Weld County Planning Dept. 4111''555 N. 17th Ave. Greeley, CO. 80631 •>(970)353-6100 ext.3540 (970)304-6498 fax
•
Weld County Planning Department
GREELEY OFFICE
JUN 2 1 2002
6
rf MEMORANDUM RECENE,
TO: Kim Ogle, Planner III DATE: June 19, 2002
' ® ,,,
FROM: Donald Carroll, Engineering Administrator
• SUBJECT: RE-3337, Dennis Schulte
COLORADO
The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are as
follows:
COMMENTS:
WCR 41 is designated on the Transportation Plan Map as a section line access. This road is NOT maintained by
Weld County. Pursuant to the definition of SETBACK in the Weld County Code, Chapter 23, Article III, Section
23-3-50, the required setback is measured from the future right-of-way line.
REQUIREMENTS:
The Weld County Public Works Department recommends approval of this application.
The access shall be placed in such a location to have adequate sight distance in both directions and not below
the crest of a hill or where physical obstructions are present.
The applicant shall complete a Nonexclusive License Agreement for the upgrade and maintenance of Weld County
right-of-way if the access point is in the section line right-of-way.
The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to the State Highways.
Please contact Gloria Hice-Idler or Tess Jones at the Greeley office to verify the access permit or for any additional
requirements that may be needed to obtain or upgrade the permit. (State Highway 14)
Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation. No
additional accesses shall be granted. (Lot B)
Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or
become established as a result of the proposed development, the applicant/landowner shall be responsible for
controlling the noxious weeds.
pc: RE-3337 M:\WPFILES\DON-C\RE-9.wpd
•
• Road File# .15:14 I Li -LL.'c-r'z_ t4.
RE: '7 7?
Other Case No.
APPENDIX B
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Public Works Department Date: May 22, 20 02
933 North 11th Avenue,P.O.Box 758, Greeley,CO 80632
Phone: (970)356-4000,Ext.3750 Fax: (970)352-2868
I. Applicant Name Dennis L. Schulte Phone 330-4844
Address 114 37th Street City Evans State CO zip 80620
2. Address or location of access Intersection of WCR 41 and Hicihway 14, Ault, CO 80610
Section 9 Si SW 1 Township • 7N Range 65W
Subdivision None . Block Lot
Weld County Road # CO 14 Side of Road N Distance from nearest intersection Adj acent NE of
Hwy 14 & WCR 41
3. Is there an existing access to the property? Yes X No #of accesses 3. Intersection
4. Proposed Use:
® Permanent WI Residential/Agricultural. O Industrial
O Temporary O Subdivision O Commercial O Other
************************************************** **** *************************************axe***********
5. Site Sketch
sr
Legend for Access Description: 1 A
AG= Agricultural f:%,.
RES = Residential . roLCR 84 19115
O&G= Oil&Gas o
D.R. = Ditch Road
{ •
Re s,f Ag
l
Colo Hwy 14
7 Existing Ag
1-----
(24 IX
o 0
OFFICE USE ONLY:
Road :.'I' ' -1 ADT ' 1 _ ' Date I`-H `.`H Accidents Date
Road Y'I ' ADT •)`+ - Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
O Installation authorized O Information Insufficient
Reviewed By: Title:
.
7 .
Road File#
RE:
Other Case No.
APPENDIX B
W]EIL;a COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Public Works Department Date: May 2 2 , 2 0 0 2
933 North 11th Avenue,P.O.Box 758, Greeley,CO 80632
Phone: (970)356-4000,Ext.3750 Fax: (970)352-2868
1. Applicant Name Dennis L. Schulte Phone 330-4844
Address 114 37th Street City Evans State CO Zip 80620
2. Address or location of access Intersection of WCR 41 and Highway 14, Ault, CO 80610
Section 9 S z SW i Township • 7N Range 6 SW
Subdivision None Block Lot
Weld County Road # CO 14 Side of Road N Distance from nearest intersection Adjacent NE of
Hwy 14 & WCR 41
3. Is there an existing access to the property? Yes X No #of accesses 3 Intersection
4. Proposed Use:
11 Permanent gl Residential/Agricultural. O Industrial
O Temporary O Subdivision O Commercial O Other
****$************4*4*4*4*4*44*44*4**4***444*4*4***4******85********4*48*4*8*4*44*44*4*84*44*4*4*44*44*8*4*
5. Site Sketch
SY
Legend for Access Description:
I
AG= Agricultural it8t�a
RES = Residential FR 8 4 a Elk
O&G= Oil&Gas vm
D.R. = Ditch Road
•.
Res/Ag .
Colo Hwy 14
Existing Ag
x J`C417 4
*4**44*4**44***444******444****44*X4****44***44****8*****4******4*4**44*44*8*4****8*8*4*4****7******444*848
OFFICE USE ONLY:
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
*********************************4*******4*******4***********************884**4*********48444*********44444
O Installation authorized Cl Information Insufficient
Reviewed By: Title:
7 -
(ThMemorandum
I1 a TO: Kim Ogle, W.C. Planning
1 DATE: June 11, 2002
COLORADO FR0M: . Peden, EH Services
CASE: RE-3337
APPLICANT: Schulte, Dennis
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 systems
and shall be installed according to the Weld County Individual Sewage Disposal
Regulations.
2. The installation of any septic system within the 100-year flood plain shall comply
with the Weld County I.S.D.S. flood plain policy (attached). In accordance with
the Colorado I.S.D.S. Regulations, no septic systems shall be installed within the
floodway.
Additionally, please note the following:
1) This application is proposing a well as its source of water. The applicant should
be made aware that while they may be able to obtain a well permit from the
Office of the State Engineer, Division of Water Resources, the quantity of water
available for usage may be limited to specific uses, i.e. domestic use only, etc.
Also, the applicant should be made aware that groundwater may not meet all
drinking water standards as defined by the Colorado Department of Public Health
and Environment. We strongly encourage the applicant to test their drinking
water prior to consumption and periodically test it over time.
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 planning Dept4
'! 7 2i)0'2
M:AENVIRONMENTAL HEALTH SERVICES\PLANNING\RE-3337.rtf RECEIVE"
a; 3-02; 12:43EM;E9ton School Olst. ;9704545193 # 2/ 3
(i* _
ke 0 21121
ikWeld County Referral
COLORADO May 24, 2002
The Weld County Department of Planning Services has received the following item for review:
Applicant Dennis Schulte Case Number RE-3337
P/ease Reply By June 14, 2002 Planner Kim Ogle
Project Two Lot Recorded Exemption
Legal S2 SW4 of Section 9, T7N, T65W of the 6th P.M., Weld County, Colorado.
Location North of and adjacent to Hwy 14; east of and adjacent to WCR 41. For a more
precise location, see legal.
Parcel Number 0709 09 000005
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.
O We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑,C We have reviewed the request and find no conflicts with our interests.
1C1 See attached letter.
Comments:
•
Signature -INVl Z
FjttJ iN1�] $2R�AlCk� t\IQ.tCl'42 �Icy ro
Agency Emma /21-a Date
4-Weld County Planning Dept. 41555 N. 17th Ave.Greeley,CO.80631 4(970)353.6100 ext.3540 +(970)304-6498 fax
S-_ 3-02; 12:43PM;Eaton School Dlst. ;9704545193 IS 1/ �.
/
200 Park Avenue tg s i }�
Eaton,CO 80615 i or r L S t°sl 1,1,1,7 1 �jll r r�
(970)4543402 ,'i�; MO.'71�',`#cioo...NA s„
(970)454-5193 Fax .�.! 5 of�i� �� RE i 11 G
11'1 "
Fax
To: Lim Ogle—Weld County From: Tim Unrein
Fax: (970)304-6498 Pages: 3
Phone: (970)353-6100 Date: 6/3/2002
Re: Weld County Referral Response CC:
❑ Urgent El For Review O Please Comment ❑ Please Reply O Please Recycle
Attached please find our response to the Two Lot Recorded Exemption for Dennis Schulte.
Let me know if you have any questions.
EATON SCHOOL DISTRICT RE-2
John Nuspl 200 Park Avenue
Superintendent Eaton,Colorado 80615
(970)454-3402
(970)454-5193 Fax
June 3, 2002
Kim Ogle
Weld County Planning Department
1400 17th Avenue
Greeley, CO 80631
RE: Dennis Schulte
Two-Lot Recorded Exemption
•
Kim Ogle:
We have reviewed the above applicant's request. The Eaton School District has
a process in place addressing growth within the District.
The School District has adopted a methodology to determine a cash-in-lieu
payment for residential development within the District in order to provide
adequate educational opportunities as a result of that development.
The cash-in-lieu payment per dwelling lot is $1,043 for a total of $2,086 for this 2
lot recorded exemption. Payment should be hand delivered or mailed to Eaton
School District, 200 Park Avenue, Eaton, Colorado 80615. A receipt will be
mailed to the applicant and a copy to the Weld County Planning Department.
Please contact me if you have any questions.
Sincerely,
Timothy Unrein
Business Services Director
Eaton School District RE-2
Enc.
Date Paid Y/a27/9Z,
Amount :2, pr,„ OCR
Check# /0&f
Received By •
i1
a _ &IA Cown-1-1-1
eli t +l 1 If 14,.?
441011 4
GREELEY OFr 10E
NAY 202 .REC6JUN 6 2002
Ile, ai County Referral
COLORADO May 24, 2002
The Weld County Department of Planning Services has received the following item for review:
Applicant Dennis Schulte Case Number RE-3337 4
Please Reply By June 14, 2002 Planner Kim Ogle
Project Two Lot Recorded Exemption !
Legal S2 SW4 of Section 9, T7N, T65W of the 6th P.M., Weld County, Colorado. f
Location North of and adjacent to Hwy 14; east of and adjacent to WCR 41. For a more s
precise location, see legal.
Parcel Number 0709 09 000005
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.
D 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:
I' O k1 +-kU..d f IGO nor-I-4 of 4h� hw curl-ex I i nQ
C puss r Jule,, Thc. n u w v of accesses 4t tiAL 5fok
hi9 uJa,i shauk1 hr?, ife_duced
Signature -h'l�- i r 5/3 t O�
Agency /
C�D� �c Cgs S Date
❖Weld County Planning Dept. •:•1555 N. 17th Ave.Greeley,CO.80631 •:•(970)353-6100 ext.3540 +(970)304-6498 fax
a
_i ' Weld County Planning Department
r=f -- GREELEY OFFICE
JUN 3 2002
RECE
® Weld County Referral
COLORADO May 24, 2002
The Weld County Department of Planning Services has received the following item for review: •
Applicant Dennis Schulte Case Number RE-3337 ,
Please Reply By June 14, 2002 Planner Kim Ogle
Project Two Lot Recorded Exemption
Legal S2 SW4 of Section 9, T7N, T65W of the 6th P.M., Weld County, Colorado.
Location North of and adjacent to Hwy 14; east of and adjacent to WCR 41. For more E
precise location, see legal.
Parcel Number 0709 09 000005
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.
❑ 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.
lEi See attached letter.
Comments:
r
Signature 5''. .A'—'
C)) ,
Agency Date
.•Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO.80631 ❖(970)353-6100 ext.3540 •:•(970)304-6498 fax
� I
August 6, 2002
Department of Planning Services
1555 N. 17th Avenue
Greeley, Colorado 80631
To Whom It May Concern:
This letter is in reference to Recorded Exemption No. 0709-9-3 RE-3337 requirement 4L.
The applicant, Dennis L. Schulte, has reviewed the information provided by the West
Greeley Soil Conservation District. He will use it to positively manage on site soils.
This information will be conveyed to the future owners if and when that occurs.
Sincerely,
C 146—
Dennis L. Schulte
DLS/jb
•
Applicant : Dennis Schulte
Planner: Kim Ogle Case Number: RE - 3337
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CERTIFICATE OF CONVEYANCES WELD COUNTY
STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES
COUNTY OF WELD
The Transnation Title Insurance Company hereby certifies that it has made a careful search of its records, and
finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most
recent deed recorded prior to August 30, 1972.
LEGAL DESCRIPTION:
The S '/ of the SW '/a of Section 9,Township 7 North,Range 65 West of the 6th P.M.,County of Weld, State
of Colorado.
CONVEYANCES(If none appear, so state):
Reception No. 1479252 / Book 557
Reception No.2737716 tj
Reception No. 2918605
Reception No.2932747 J
The certificate is made for the use and benefit of the Department of Planning Services of Weld County,
Colorado.
This certificate is not to be constructed as and Abstract of Title nor and opinion of Title,nor a guarantee Title
and the liability of Transnation Title Insurance Company, is hereby limited to the fee paid for this Certificate.
In Witness Whereof, Transnation Title Insurance Company,has caused this certificate to be signed by its
proper officer this 15th day of March 2002,at 7:00 am.
TRANSNATION TITLE INSURANCE COMPANY
Order No. 8514485B
By:
tioaxaax,0,00
Authorized Signature
Recertified tbtMay 13, 2002 at 7: 00 A.M.
TRANSNATICN TITLE ]NSURANCE COMPANY
BY
AUTHORIZED SIGNATURE
yy((
'°°' i� - JAM 4 ��o
e - 557 Recorded at , D o'clock A M. _ '/
Norio
-�- I Reception No. 14'78252 4'4SPOMtr , Recorder.
/--/
-o KNOW ALL MEN BY THESE PRESENTS, That .- - r
y - M1: a: CEQ10E K. TATEYAKA, a widower
,q 1 of the County of Weld , and State of Colorado,
for the consideration of Other valuable considerations and Ten Dollars,
in hand paid, hereby sell and convey to HIROSHI TATETAHA and GEORGE L. TATEYAMA
— - of the - County of Weld , and State of Colorado,
•
•
• . r' the following real property, situate in the County of Weld
and State of Colorado, to-wit:
co
o The Southwest Quarter of Section Nine (9), Township Seven (7).North,
Range Sixt five (65) West of the 6th P. M., excepting right-of-way
r � - O as conveyed by deed recorded in Book 1081, .page 67, Weld County
v Records, together with four (4) shares of the capital stook of
( Larither and Weld Irrigation Company, six (6) shares of the capital
stock of Larimer and Weld Reservoir Company, and allottment of 143
-' acre feet of water of the Northern Colorado Water Conservancy District
and all water, water rights, ditches, ditch rights and rights-of-way
appurtenant thereto.
•
George M. Tateyama, a widower, grantor herein, is the grandfather of George M.
is Tateyama, one of the grantees.
M !R•; t 1600f0MthFdRY—
•
An,3� • o - y.= JAM-e•IS❑ lMUM
ed! t
W y e . I miaaal _
with all its appurtenances, and warrant the title to the same, subject to the mortgage
to The Federal Land Bank of Wichita, Wiehita, Kansas, recorded in Book 536, under
Reception No. 1,457,797 of the Weld County Records which the grantees hereby assume
and agree to pay. Subject to any rights-of-way or easements of record.
Signed and delivered this 31st day of December , A. D. 1965.
In the presence of U/ 'ji , ailaw 'L(SEAL)
- —it. . traeeyama, widower
(SEAL)
(SEAL)
4 STATE OF COLORADO, • )ss ..
CO).tN.TY,,,pF WELD. )
14I. • • t1 i.Jpp
• \:•"llie f oing instrument was acknowledged before me this ;1st day of December,
4r;91ti Ab'p•:• ge K. Tateyama, a widower.
" se: WITNESS y hand and official seal. -
r : :
P. .r• i. Jt PCbfytcdmelssion.expires .) my 9//9 ;
6 7
\• lit O F t t`CS:e
Cary Public.
*If by natural person or persons herein insert name or names; if by persons
acting in representative or official capacity or as attorney-in-fact, then insert name
of personas executor, attorney-in fact or other capacity or description; if by officer
_9 of corporation, then insert name of such office or officers, as the president or other
officers of such corporation, naming it. -- ST4TUTORY ACKNOWLEDGMENT, - -
y, SESSION 1927. . y 04,0
as WARRANTY DEED -- Statutory Form
Wi ...
Recorded al o M.on 1111111 IIIII OHIO /.•. iiIII IIIII III IIIII Ili!!III
Reception No. 2737716 12/09/1999 02:28P JA Suki Tsukamoto
1 of 2 R 10.00 0 0.00 Weld County CO
-1\ o cam. `c8pecial `Warraxtty`Deed Q
THIS DEED is a conveyance of the real property described below.including any improvements and other appurtenances(the
"property")from the individual(a).corporation(s).pa'nership(s).or other entity(ies)named below as GRANTOR to thelndividua((s)
or entity(ies)named below as GRANTEE. •
The GRANTOR hereby sells and conveys the property to the GRANTEE.and the GRANTOR warrants the title against all persons
claiming under the GRANTOR.except for any particular matters described below under"Additional Warranty Exceptions."an/ex-
. coot for any of the(allowing matters established by the GRANTOR and evidenced by recorded document: easements,rights-of-
way,mineral grants.mineral leases,and protective convenants and restrictions.The GRANTOR does not warrant against Mellen of
• the general property taxes for the year of this Deed.
The Specific Terms of This Dad Art.
Grantor: (Glee innate)and placalsl 01 residaca if lne spouse of the owner-grantor 4 loining in this Geed to relent homestead right).Idenuly
grantors as husband and wile)
Hiroshi Tateyama and George M. Tateyama
1135 Huckleberry Lane
Eaton, Colorado 80615 •
Grantee: (Give names)and addreu(esl:statement or(Mies.including available road or street number.a required.)
Hiroshi Tateyama, Yoshiye Tateyama, and George M. Tateyama, as tenants in
common, each as to an undivided one-third interest,
c/o Hiroshi Tateyama
1135 Huckleberry Lane, Eaton, Colorado 80615
Form of Co-Ownership: (II Mere are two or more grantees Darned.they will be consideled to lase as tenants in common tinter rewords-in
call tenancy-or wards 01 the same meaning are added in the apace below.)
as tenants in common, each as to an undivided one-third interest
Properly Description: (Include county and state.)
See Exhibit "A" attached hereto and made a part hereof by reference,
describing the property which is located in the County of Weld, State
of Colorado.
Properly Address: 20009 Highway 14, Ault, Colorado 80610 -
Consideration: (The statement of a dollar amount is optional:adequate con.ideret,onlor misdeed will be presumed unless Ma conveyance is
identified as a gift.In any case Ibis conveyance is absolute.anal and unconditional.) '
gift, clarification - correction deed
Reservations•Rsslrlctlons: (IIIre GRANTOR Intends toresarve any interest in the property or to Convey less lhanMowna.or dine GRANTOR
n reatuctlng the GRANTEE'S rpm IM property.make appropriate ndicalion.l
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n AddI110na1 Warranty Exceptions: (Include deeds o1 trust tieing assumed and other matters not covered above.)
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Those matters that would be disclosed by an accurate survey or an
a inspection of the property.
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E•ecuieo by me Grantor On - ..rv.'tnhr.• (. .is pa__
Signature mews let Corporalbn.Partnership or Aaeoelatlon: Signature peace br Indtvldual(el:
Name of Grantor Corpaaha,.Panneahip or AtaocuOM — I TATEYt Grantor
Ely • GEORGE M. TATEY Grantor
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COUNTPOF-.WELb )
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Sy• GeoSge.'Ma Tateyama.
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2737716 2 11 1�0 9D 0.00 Weld County CO�moto
EXHIBIT"A"
The SW%,of Section 9,Township 7 North,Range 65 West of the 6th P.M.,excepting right-of-way
as conveyed by deed recorded in Book 1081,page 67, Weld County Records,
Together with four (4) shares of the capital stock of the Larimer and Weld Irrigation Company,
together with six (6) shares of the capital stock of the Larimer and Weld Reservoir Company,
together with 143 acre feet units of the Big Thompson Project Water of the Northern Colorado Water
Conservancy District; and
all other water rights,ditch rights,reservoir rights and deep water rights appurtenant to and/or used
in connection with the above-described property and all rights of way appurtenant and thereto,said
property being located in the County of Weld, State of Colorado.
The Grantors,Hiroshi Tateyama and George M.Tateyama,purchased the property under Warranty
Deed dated December 31, 1965 and recorded January 4, 1966 under Reception Number 1479252,
Weld County Records. Grantors,Hiroshi Tateyama and George M. Tateyama,agree that Hiroshi
Tateyama purchased an undivided two-thirds (2/3 rds) interest in the property and George M.
Tateyama purchased an undivided one-third(1/3rd)interest.
Hiroshi Tateyama and George M.Tateyama desire to clarify their ownership to reflect that,prior to
this deed, Hiroshi Tateyama owned an undivided two-thirds (2/3rds) interest and George M.
Tateyama owned an undivided one-third(1/3rd)interest.
Hiroshi Tateyama intends by this deed to convey one-half('A)of his two-thirds(2/3rds)interest to
his wife,Yoshiye Tateyama,so that each own an undivided one-third interest in the entire property.
After the conveyance in this deed the Grantors intend and agree that Hiroshi Tateyama, Yoshiye
Tateyama and George M.Tateyama each will own an undivided one-third(1/3rd)interest as tenants
in common in and to the property.
•
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19 of 22 R 10.0000D 42.002 Well County CO molo
WARRANTY DEED
THIS DEED, Made this 15th day of January, 2002 between
Hiroshi Tateyama, George M. Tateyama and Yoshiye Tateyama
of the County of Weld and
State of Colorado, grantor, and
J. Gale Moody
whose legal address is P. O. Box 210, Eaton, Colorado 80615 of the County of Weld and State of Colorado, grantees:WITNKSSETH That the grantor for and in consideration of the sum of FOUR HUNDRED
TWENTY THOUSAND AND 00/100, ($420,000.00) Dollars, the receipt and sufficiency of
which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these
presents does grant, bargain, sell, convey and confirm unto the grantee, his heirs and
assigns forever, all the real property, together with improvements, if any,
situate,lying and being in the County of Weld and State of Colorado, described as
follows,
�l SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
, also known by street and number as 20009 Highway 14, Ault, Colorado 80610
4„
V TOGETHER with all and singular the hereditaments and appurtenances thereto
belonging, or in anywise appertaining and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof, and all the estate, right, title,
interest, claim and demand whatsoever of the grantor, either in law or equity, of in
and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for
himself, his heirs and personal representatives, does covenant, grant, bargain, and
agree to and with the grantee, his heirs and assigns, that at the time of the
ensealing and delivery of these present*, he is well seized of the premises above
conveyed, has good, cure, perfect, absolute and indefeasible estate of inheritance, in
law, in fee simple, and has good right, full power and lawful authority to grant,
bargain, sell and convey the same in manner and form as aforesaid, and that the same
are free and clear from all former and other grants, bargains, -sales, liens, taxes,assessments, encumbrances and restrictions of whatever kind or nature soever, except
general taxes for 2002 and subsequent years; except easements, restrictions,
covenants, conditions, reservations and rights of way of record, if any;
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises
in the quiet and peaceable p ion of the grantee, his heirs and assigns, against
all and every person or persons lawfully claiming the whole or any part thereof. The
singular number shall include the plural, the plural the singular, and the use of any
gender shall be applicable to all genders.
IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above.
C -7 4T�c -fifl.'<F "
shiye ateyama lrc hi Tateyama
George . Tateyam
STATE OF COLORADO
) ss. The foregoing instrument was acknowledged before
County of Weld } me this 15th day of January, 2002
by Hiroshi Tateyama, George M. Tateyama and Yoshiye Tateyama
Witnes my hand and official sal.
My c'05-11..09ssion�L expires o , 2005
Nee
•
f OARELLA L% NOTARY PUBLIC
BL0CH 1295 Main St.
No. 932A. R j�-84 , 1' Windsor, COLORADO 80550
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2918806 II10 IIII I 01/22/
2 of 2 R 10.ZOp 42.00 weldCounty CO�mofo
"EXHIBIT A"
LEGAL DESCRIPTION
The SW1/4 of Section 9, Township 7 North, Range 65 West of the 6th
P.M., County of Weld, State of Colorado.
EXCEPTING THEREFROM a parcel of land conveyed to Weld County, Colorado,
by Deed recorded July 1, 1941 in Book 1081 at Page 67.
TOGETHER WITH Four (4) shares of the capital stock of The Larimer 4 Weld Irrigation Co.
TOGETHER WITH Six (6) shares of the capital stock of The Larimer F, Weld Reservoir:Co.
TOGETHER WITH Wl11-#5166-F, 5165-F, 14576-R, 14576-RR, 14577-RR, 14578R, #035868-F,
#035869-F, 8035870-F
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747 2932747 03(13/2002 10:57A JA Sold Tsukamoto
1 of 2 R 10.00 D 20.37 Weld County CO
WARRANTY DEED
THIS DEED, Made this 7th day of March, 2002 between
J. Gale Moody
of the County of Weld and
State of Colorado, grantor, and
A. Bruce Johnson and Dennis L. Schulte
whose legal address is 801 8th Street, Suite 220, Greeley, Colorado 80631
of the County of Weld and State of Colorado, grantees:
WITNESSETH that the grantor for and in consideration of the sum of TEN AND 00/100,
($10.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has
granted, bargained, sold and conveyed, and by these presents does grant, bargain,
sell, convey and confirm unto the grantee, his hairs and assigns forever, all the real
property, together with improvements, if any, situate,lying and being in the County
of Weld and State of Colorado, described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
also known by street and number as 20009 Highway 14, Ault, Colorado 80610
� TOGETHER with all and singular the hereditaments and appurtenances thereto
belonging, or in anywise appertaining and the reversion and reversions, remainder and
A7 remainders, rents, issues and profits thereof, and all the estate, right, title,
9.0 interest, claim and demand whatsoever of the grantor, either in law or equity, of in
and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for
himself, his heirs and personal representatives, does covenant, grant, bargain, and
agree to and with the grantee, his heirs and assigns, that at the time of the
ensealing and delivery of these prevents, he is well seized of the premises above
conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in
law, in fee simple, and has good right, full power and lawful authority to grant,
bargain, sell and convey the same in manner and form as aforesaid, and that the same
are free and clear from all former and other grants, bargains, sales, liens, taxes,
assessments, encumbrances and restrictions of whatever kind or nature soever, except
general taxes for 2002 and subsequent years; except easements, restrictions,
covenants, conditions, reservations and rights of way of record, if any;
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises
in the quiet and peaceable possession of the grantee, his heirs and assigns, against
all and every person or persons lawfully claiming the whole or any part thereof. The
singular number shall include the plural, the plural the singular, and the use of any
gender shall be applicable to all genders.
IN WITNESS WHEREOF the grantor has executed this deed - date orth -•ave.
J., ale "ody
STATE OF COLORADO
} ss. The foregoing instrument was acknowledged before
County of Weld } me this 7th day of March, 2002
by J. Gale Moody
Witnes my hand and off'ci seal.
p 9 Mygc ission expires ov er 05
1PRY... _� li (VZC
sDARELLA L) NOTARY PU LIC
t BLOCH 1295 Main St.
No. 932A N .y. 7-8414? Windsor, COLORADO 80550
FOF COV
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2932707 0W13/2002 10174 JA Sind 7iuhmoM
2 of 2 ft 10.00 0 20.37 Wald County CO
"EXHIBIT A"
LEGAL DESCRIPTION
The S1/2 of the SW1/4 of Section 9, Township 7 North, Range 65 West of
the 6th P.M., County of Weld, State of Colorado.
EXCEPT a parcel of land conveyed to Weld County by Deed recorded July
1, 1941 in Book 1081 at Page 67.
TOGETHER WITH Two (2) shares of the capital stock of The Larimer & We1B.
Irrigation Co.
UbI2U/2UU2 UH: 4( `Jf -3`J5-"M,`J( NUN IH WL.Lt) WA It`'- HAGt tJl(bl
BOARD OF DIRECTORS NORTH WELD COUNTY WATER DISTRICT
GARY SIMPSON "ply: 33247 HIGHWAY 85 • LUCERNE, CO 80646
ROBERT ARNERECHT
CHARLES ACHZIGER ,r _,,, DON POSSELT, DISTRICT MANAGER
RALPH PRIOR
JOHN JOHNSON P.O. BOX 56 • PHONE (970) 356-3020 • FAX(970)395-0997
e-mail: water@nwcwd.org
May 20, 2002
To Whom It May Concern:
North Weld County Water District currently provides domestic water to the property
located at:
20009 Highway 14
Ault, CO 80610
Meter Number: 298402
The current Owner of the property is A.Bruce Johnson.
Respectfully,
ems, cvv ,a
Colleen McGehee
Office Manager
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