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Home My WebLink About20020782.tiff RESOLUTION RE: APPROVE RESUBDIVISION (LOT LINE ADJUSTMENT ONLY) OF HERGEMUELLER SUBDIVISION, S#628 - CLIFFORD AND CANDICE HERGEMUELLER 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 held a public hearing on the 1st day of April, 2002, at the hour of 9:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Clifford and Candice Hergemueller, 365 Birch Avenue, Brighton, Colorado, 80601, for a Resubdivision (Lot Line Adjustment Only) of Hergemueller Subdivision on the following described real estate, to-wit: Lots 1, 2, and 3 of the Hergemueller Subdivision located in Section 31, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was present, and WHEREAS, Section 24-5-30 of the Weld County Code provides standards for review of said Resubdivision (Lot Line Adjustment Only), and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Weld County Department of Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24-5-30.B of the Weld County Code. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24-4-30.C.3 of the Weld County Subdivision Ordinance including specifically: a. Section 24-4-30.C.3.a -- The lot line revision complies with the approved recorded final plat. The original plat was recorded by the Hudson Land Company in 1909. The plat did not take into consideration access to landlocked parcels. This resubdivision is intended to ensure that access is available and appropriate. b. Section 24-4-30.C.3.b -- Compliance with the adopted rules, regulations and ordinances currently in force and affecting the subdivision. The applicants have included a roadway and utility easements which adhere to the standards of the Weld County Code. 2002-0782 fad, , AL A/Z n /VeroP rn we /er PL1599 RESUBDIVISION S#628 (LOT LINE ADJUSTMENT ONLY) - CLIFFORD AND CANDICE HERGEMUELLER PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Clifford and Candice Hergemueller for a Resubdivision (Lot Line Adjustment Only) S #628, on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. Prior to Recording the Resubdivision Plat: A. The plat shall be labeled as follows: "Resubdivision of a plat recorded by the Hudson Land Company. Hergemueller Resubdivision S-628." B. The resubdivision is conditional upon the following and that each be placed on the plat as notes: 1) In 1974, Special Use Permit#264, for a gas processing plant, was located within the boundaries of the plat recorded by the Hudson Land Company. 2) Water service shall be obtained from the individual wells. 3) A Weld County Septic Permit is required for each proposed septic system and shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) Regulations. Each septic system shall be designed for site-specific conditions, including, but not limited to, maximum seasonal high groundwater, poor soils, and shallow bedrock. 4) The applicant shall obtain a Storm Water Discharge Permit from the Water Quality Control Division of the Colorado Department of Public Health and the Environment, if required. Silt fences shall be maintained on the down gradient portion of the site during all parts of the construction phase of the project. 5) During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Health Department, a Fugitive Dust Control Plan must be submitted. 6) In accordance with the Regulations of the Colorado Air Quality Control Commission, any development that disturbs more than five acres of land must incorporate all available and practical methods, which are technologically, feasible and economically reasonable in order to minimize dust emissions. 2002-0782 PL1599 RESUBDIVISION S #628 (LOT LINE ADJUSTMENT ONLY) - CLIFFORD AND CANDICE HERGEMUELLER PAGE 3 7) If land development creates more than a 25-acre contiguous disturbance, or exceeds six months in duration, the responsible party shall prepare a Fugitive Dust Control Plan, submit an Air Pollution Emissions Notice, and apply for a permit from the Colorado Department of Public Health and Environment. 8) Weld County's Right to Farm, as provided in Appendix 22-E of the Weld County Code. 9) In accordance with Chapter 8, Article II, of the Weld County Code, Lot 1 shall be granted one residential 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. 10) Lots 2 and 3 shall share a common access from Weld County Road 39. C. The applicant shall provide the Weld County Department of Planning Services with a certificate from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. D. The applicant shall submit a paper copy of the plat for preliminary approval to the Weld County Department of Planning Services. E. The applicant shall submit an digital file of all drawings associated with the Resubdivision application. 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). 2. Upon completion of item #1 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 Sections 24-4-40.D.6 through D.11 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. 2002-0782 PL1599 RESUBDIVISION S #628 (LOT LINE ADJUSTMENT ONLY) - CLIFFORD AND CANDICE HERGEMUELLER PAGE 4 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of April, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO ATTEST: iat, d � °s / aad, Chair Weld County Clerk to the ,��ar�, v . �� ) C� �, L�� 4 David E. L g, Pro-Tem BY: �+�2��11.etJ �o �. / Deputy Clerk to the Board M. J. Geile APP AS TO F ` k, W' liam H. Jerke Co torney ` Robert D. Masden Date of signature: `i/t/ 2002-0782 PL1599 LAND USE APPLICATION SUMMARY SHEET COLORADO CASE NUMBER: S-628 Hearing Date: April 1, 2002 PLANNER: S. Lockman APPLICANT: Cliff Hergemueller ADDRESS: 365 Birch Avenue, Brighton, Colorado 80601 REQUEST: A Resubdivision for a change to a lot line on a plat recorded by the Hudson Land Company. (Hergemueller Resubdivision) LEGAL DESCRIPTION: Lotsl, 2 & 3 of the plat of Subdivision of Section 31, Ti N, R65W of the 6th P.M., Weld County, Colorado. LOCATION: West of and adjacent to Weld County Road 39; 200 feet south of Weld County Road 4 ACRES: 18.2 +/- PARCEL NUMBER: 1473 31 000037 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Resubdivision is listed in Section 24-5-30 of the Weld County Code. The Department of Planning Services' Staff has received responses from the following agencies: Weld County Department of Public Health and Environment, referral received 3/8/2002 Weld County Department of Public Works, referral received 3/8/2002 S-628 -Resub.of Hudson Land Co.Plat Page 1 i !1647r RESUBDIVISION FOR A CHANGE TO A LOT LINE ADMINISTRATIVE REVIEW COLORADO CASE NUMBER: S-628 Hearing Date: April 1, 2002 PLANNER: S. Lockman APPLICANT: Cliff Hergemueller ADDRESS: 365 Birch Avenue, Brighton, Colorado 80601 REQUEST: A Resubdivision for a change to a lot line on a plat recorded by the Hudson Land Company. (Hergemueller Resubdivision) LEGAL DESCRIPTION: Lots1, 2 & 3 of the plat of Subdivision of Section 31, Ti N, R65W of the 6th P.M., Weld County, Colorado. LOCATION: West of and adjacent to Weld County Road 39; 200 feet south of Weld County Road 4 ACRES: 18.2 +/- PARCEL NUMBER: 1473 31 000037 THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 24- 4-30.B of the Weld County Code. 2. It is the opinion of the Department of Planning Services' Staff that the application has shown compliance with Section 24-4-30.C of the Weld County Code, as follows: a. Section 24-4-30.C.3.a -- That the lot line revision complies with the approved recorded final plat. The original plat was recorded by the Hudson Land Company in 1909. The plat did not take into consideration access to landlocked parcels. This resubdivision is intended to ensure that access is available and appropriate. b. Section 24-4-30.C.3.b -- Compliance with the adopted rules, regulations and ordinances currently in force and affecting the subdivision. The applicants have included a roadway and utility easements which adhere to the standards of the Weld County Code. S-628 -Resub.of Hudson Land Co. Plat Page 2 This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral agencies. The Department of Planning Services' Staff recommendation for approval is conditional upon the following: 1. Prior to Recording the Resubdivision Plat: A. The plat shall be labeled: Resubdivision of a plat recorded by the Hudson Land Company. Hergemueller Resubdivision S-628 B. The resubdivision is conditional upon the following and that each be placed on the plat as notes: 1) In 1974 Special Use Permit 264 for a gas processing plant was located within the boundaries of the plat recorded by the Hudson Land Company. Contamination of the soil may have occurred. (Department of Planning Services) 2) Water service shall be obtained from the individual wells. (Department of Public Health and Environment) 3) A Weld County Septic Permit is required for each proposed septic system and shall be installed according to the Weld County Individual Sewage Disposal System Regulations. Each septic system shall be designed for site-specific conditions, including but not limited to maximum seasonal high groundwater,poor soils,and shallow bedrock. (Department of Public Health and Environment) 4) The applicant shall obtain a storm water discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and the Environment, if required. Silt fences shall be maintained on the down gradient portion of the site during all parts of the construction phase of the project. (Department of Public Health and Environment) 5) During development of the site,all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Health Department, a fugitive dust control plan must be submitted. (Department of Public Health and Environment) 6) In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than 5 acres of land must incorporate all available and practical methods, which are technologically, feasible and economically reasonable in order to minimize dust emissions. (Department of Public Health and Environment) S-628 -Resub.of Hudson Land Co. Plat Page 3 7) If land development creates more than a 25-acre contiguous disturbance, or exceeds 6 months in duration, the responsible party shall prepare a fugitive dust control plan,submit an air pollution emissions notice, and apply for a permit from the Colorado Department of Public Health and Environment. (Department of Public Health and Environment) 8) "Weld County's Right to Farm" as provided in Appendix 22-E of the Weld County Code. (Departments of Planning Services and Public Health and Environment) 9) In accordance with Chapter 8,Article II of the Weld County Code, Lot 1 shall be granted one residential 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. (Department of Public Works) 10) Lot 2 and 3 shall share a common access from Weld County Road 39. (Department of Public Works) C. The applicant shall provide the Weld County Department of Planning Services with a certificate from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. (Department of Planning Services) D. The applicant shall submit a paper copy of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) E. The applicant shall submit an digital file of all drawings associated with the Resubdivision application. 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). (Department of Planning Services) 2. Upon completion of item 1 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 24-4-40.D.6 through D.11 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) S-628 -Resub.of Hudson Land Co. Plat Page 4 DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO February 20, 2002 Cliff Hergemueller 365 Birch Avenue Brighton CO 80601 Subject: S-628- Request for a Resubdivision for a change to a lot (Hergemueller Resubdivision)on a parcel of land described as Lots 1, 2, & 3 Hudson Land Company Plat; being part of Section 31, T1 N, R65W of the 6th P.M., Weld County, Colorado. Dear Applicant: Your application and related materials for the request described are being processed at the present time. Our department will be processing the Sketch Plan in accordance with Chapter 27, Article III of the Weld County Code. You will be notified by this office at the end of th% review period regarding the Sketch Plan. If you have any questions concerning this matter, please feel free to call or visit. Sincerely, Sheri Lockman Planner FIELD CHECK inspection date:2/21/02 CASE NUMBER: S-628 APPLICANT: Cliff Hergemueller LEGAL DESCRIPTION: Lots1, 2 & 3 Hudson Land Company Plat, being pt. Section 31, Ti N, R65W of the 6th P.M., Weld County, CO LOCATION: West of & adjacent to Weld County Road 39; 200 feet south of Weld County Road 4 Zoning Land Use N A (Agricultural) N Agricultural / Highway E A (Agricultural) E Agricultural / Residential S A (Agricultural) S Agricultural / Residential W A (Agricultural) W Residential (Hudson) / Interstate 76 COMMENTS: One home exists on the site. Two accesses exist. The one directly into the house will need to be moved south. 1/40; 4/44,dil Sheri Lockman , Planner II RESUBDIVISION APPLICATION Department of Planning Services, 1555 N. 17th Avenue, Greeley, Colorado 80631 Phone: 353-6100, Ext. 3540 FOR PLANNING DEPARTMENT USE ONLY: CASE NO. APPLICATION FEE ZONING DISTRICT RECEIPT NO. DATE APPL. CHECKED BY TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) I (we), the undersigned hereby request the Department of Planning Services to review a resubdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: (If additional space is required, attach an additional sheet). NAME OF PROPOSED RE UBDIVISION dt/- 1.7.1/e/-e/4/- /////'�-17.G RC s'ew EXISTING ZONING TOTALAREA(ACRES) 1IT. L NO.OF PROPOSED LOTS 3 LOT SIZE:AVERAGE .! Ss 146 MINIMUM UTILITIES: WATER: NAME kj:),aS, 41 Z' SEWER: NAME �,� (a� , C '0/007Z.2.- / ' -d/io3IK`q GAS: NAME (.. .one ELECTRIC:NAME Lk. r,t;"4-ed.. ``D.. z rZ PHONE: NAME U1u;t 5 F' DISTRICTS: SCHOOL: NAME FIRE: NAME�^NAME OFAPPLICANT ?`iI/ "41:04 79-47/4(412,,e-__ PHONE, 3 6s S- ? ADDRESS 3 4, S Zi f2 e: h4-j/c'r i/7A Td/v CO odjpe / NAME OF APPLICANT PHONE ADDRESS Owner(s) and/or lessees of mineral rights on or under the subject property of record in the Weld County Assessor's Office: NAME ADDRESS I hereby depose and state under the penalties of perjury that all statements, proposals, and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. Signature: Ow er r uthorized Agent REVISED:01-16-01 5 REFERRAL LIST NAME: Cliff Hergemueller CASE NUMBER: S-628 REFERRALS SENT: February 20, 2002 REFERRALS TO BE RECEIVED BY: March 13, 2002 COUNTY TOWNS and CITIES Attorney _Ault _X Health Department Brighton Extension Service Broomfield Emergency Management Office Dacono Sheriffs Office Eaton _X Public Works Erie Housing Authority Evans Airport Authority Firestone Building Inspection Fort Lupton Code Enforcement Frederick STATE Garden City Division of Water Resources Gilcrest Geological Survey Greeley Department of Health Grover Department of Transportation _Hudson Historical Society Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey Division of Wildlife: LaSalle Loveland Lochbuie Greeley Longmont Division of Minerals/Geology Mead FIRE DISTRICTS Milliken 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 School District RE- Greeley Ditch Company Longmont West Adams I)Pu3 Kit• FEB 2 n '_002 \VELD OJUNT/ Weld County lleTerral February 20, WI ID Co 2002 COLORADO • The Weld County Department of Planning Services has received the following item for review: Applicant Cliff Hergemueller Case Number S-628 Please Reply By March 13, 2002 Planner Sheri Lockman Project Resubdivision for a change to a lot(Hergemueller Resubdivision) Legal Lots 1, 2, & 3 Hudson Land Company Plat; being part of Section 31, T1 N, R65W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to WCR 39; 200 feet south of WCR 4 Parcel Number 1473 31 000037 1 _ w 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. Weld County Planning Department Design Review Meeting: ❑ 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. ASee attached letter. Comments: - Signature ( t Date - 6 -- 0). — /J,' fill Agency rccc „cc . +Weld County Panning Dept. •}1555 N. 17th Ave.Greeley_CO.80631 +(970)353-6100 cxt.3540 4•(970)304-6498 fax - 4-1; • 6 Weld County Planning Department GREELEY OFFICE MEMORANDUM MAR 0 8 2002 RECEIVED "RipO TO: Sheri Lockman, Planner II DATE: March 7, 2002 COLORADO• FROM: Donald Carroll, Engineering Administrator ','4Y SUBJECT: S-628, Cliff Hergemueller The Weld County Public Works has reviewed this proposal; this project falls primarily under the purview of the Re-subdivision Standards,Weld County Code,Chapter 24,Article V,Section 245-30 (re-subdivision). Our comments and requirements are as follows: COMMENTS: WCR 39 is designated on the Transportation Plan Map as a local gravel road, which requires a 60- foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. REQUIREMENTS: Access: The direct access to a public road shall be limited; only one access is allowed per legal residential parcel. No circle drives will be allowed in accordance with Weld County Code, Chapter 8, Article II. Lot 1 will be granted one residential/agricultural access as shown on the minor re- subdivision plat. Lots 2 and 3 will share a common access to WCR 39. The applicant has reserved for future right-of-way one-half of the typical cross section for a minor subdivision. When the adjacent lots are developed, the new applicant will be required to reserve an additional right-of-way and complete the typical cross section required for a minor subdivision. Easement Standards: (Section 24-7-60) The easement adjacent to the Burlington Northern Railroad right-of-way is considered a perimeter easement. This easement shall be dimensioned at 15 feet. The Weld County Public Works recommends approval of this application. pc: S-628 file • M:\WPFILES\DON-C\PLAN1S.WPD Memorandum TO: Sheri Lockman, W.C. Planning IIII1DeDATE: March 8, 2002 FROM: Pam Smith, W.C. Department of Publtc� COLORADO Health and Environment `� CASE NO.: S-628 NAME: Cliff Hergemueller The Weld County Health Department has reviewed this proposal. The applicant proposes to re-subdivide the property for change to a lot line on the plat. There are 3 lots on 18 acres. The minimum lot size is 3.3 acres with an overall density of one septic system per 6.0 acres does meet current Department policy. Improvements are proposed for Lot 3 as evidenced by a well and septic permit. The application has satisfied Chapter 24 of the Weld County Code in regard to water and sewer service. Water is to be provided by individual wells. No proof of well permits was provided in the application materials for the other two lots. Sewer will be provided by individual sewage disposal systems. As discussed above, the minimum lot size and overall density meet the current Department policy. A review of the soil survey map indicates the most of the site is suitable for conventional septic systems. The existing septic permit (SP- 0100384) supports this conclusion. Because of the size of the lots, and the anticipated percolation rates, there should be no problem in meeting the 100-foot setback between the absorption fields and wells. If this subdivision were to be reviewed under current standards, preliminary percolation tests, primary and secondary envelopes (depending on lot size, soil conditions, etc.), and protective language for the secondary envelope would be potential requirements. However, since this is an existing subdivision, the Department cannot impose those same standards. The Department recommends approval with the following conditions: 1. Water service shall be obtained from the individual wells. 2. A Weld County Septic Permit is required for each proposed septic system and shall be installed according to the Weld County Individual Sewage Disposal System Regulations. Each septic system shall be designed for site-specific conditions, including but not limited to maximum seasonal high groundwater, poor soils, and shallow bedrock. 3. The applicant shall obtain a storm water discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and the Environment, if required. Silt fences shall be maintained on the down gradient portion of the site during all parts of the construction phase of the project. 4. During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Health Department, a fugitive dust control plan must be submitted. 5. In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than 5 acres of land must incorporate all available and practical methods, which are technologically, feasible and economically reasonable in order to minimize dust emissions. 6. If land development creates more than a 25-acre contiguous disturbance, or exceeds 6 months in duration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice, and apply for a permit from the Colorado Department of Public Health and Environment. 7. "Weld County's Right to Farm"as provided in Appendix 22-E of the Weld County Code shall be placed on any recorded plat. O:\PAM\PLANN ING\FI NALPLAN\S-628.RTF .. ._.______c •_Lui u<Flrh l_ b15 Ft7_' JHfJ 2,4 '!JL _-. _ . STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Region 4 grG - JOT,. 1420 2nd Strut[ Creeley,Colordo 80631 (970)353-1232 Weld County,176 Cliff Hergemueller SW Corner WCR 4 8t WCR 39 S of Hudson January 24,2002 Sheri Lockman Weld County Planning Services 1555 N. 17's Avenue Greeley,CO 80632 RE: Access Issues Dear Sheri: A couple days ago,Cliff Hergemueller contacted me regarding access to the east frontage road of 176,at the Weld County Road 4(WCR) interchange. Please be Advised that having made a sight visit and conferring with our maintenance and right-of-way staffs, I have determined that this road Is not a state highway. Therefore,CDOT does not the authority to issue an access permit on this road. If you should have any questions,please do not hesitateto contact me. Sincerely, �7 1(?fAAzi,s4 --t Gloria Hice-Idler Assistant Access Manager (970)350-2148 xc: file : is qp€ii zit $ e !3p -iga Pa Oli31tegiVizraiii li gjE 3 Iii€small Zie%y4�.,@s i CIIII.C Wi i p6G4i gcpEeiNgi g i'a�== g I%3t. PIP :Ara i{93"as g:le+ p iililil 3hll€ 40 En t, L 'S �. O a .. �' }te" I G % , I 00 a \ \\ ' N o ,� a r 0 ti6a tcw u • x o LL i LU CO ��N U f N :Ill :-----x, i\ 2801347 10/19/2001 J3:26p JA�Suki Tsukaamololl III 1 of 2 H 10.00 D 11.50 Weld County CO WARRANTY DEED THIS DEED, Made this 18th day of October 2000 between Charles L. Wacker and Vicky Wacker of the County of Weld and State of Colorado grantor,and Clifford W. Hergemuel1er and Candice M. - Eisner-Hergemueller %et YC.+yn^ II � whose legal address is 365 Birch Avenue, Brighton, CO 80601 J1W of the County of Adams and State of Colorado .grantees: WITNESS,That the grantor,for and in consideration of the sum of ONE HUNDRED FIFTEEN THOUSAND AND NO/100 sufficiency of which is hereby acknowledged,has DOLLARS,($115,000.00 ),the receipt and bar- gain,sell,convey and confirm,unto the grantees,their ir heirs and assigns forever,not In and enancy In common but in Joint tenancy, 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 Description attached hereto and made a part hereof. also known by street and number as Vacant Land, Brighton, CO 80601 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging,or in anywise appertaining and the reversion and reversions,remainder and remainders,rents,issues and profits thereof,and all the estate,right,title,interest, claim and demand whatsoever of the 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 grantees,their heirs and assigns forever. And the grantor,fm himself,his heirs and personal representatives,does covenant,grant,bargain and agree to and with the grantees,their heirs and assigns,that at the time of the ensealing and delivery of these presents,he is well seized of the premises above conveyed, 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 for taxes for the current year,a lien but not yet due and payable,easements,restrictions,reservations,covenants 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 posses- sion of the grantees,their 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 grq for has a cured this deed on the date set orth above. Charles L. Wa -er 1ck Wacker STATE OF Colorado COUNTY OF Adams )as. The foregoing instrument was acknowledged before me this 18th day of October , 2000 Charles L. Wacker and Vicky Wacker .by ppYYtennutt; p' xpires: June 22, 2001 mess my dnd of]cials h/' /, t[/� I BRENDA L. � L• �I(�' �L L l lGL ARCHULE1A Notary Public Brenda L. Archuleta ktitiDyatl0 inmate)rwowrrse Pile UO56s9]A00 OF COL 5-iCer WO549 r1A00o0 41Id — Ann IIII 111111 111 11111 III HIM Ill 2801347 10/19/2000 03:26P JA Suki Tsukamoto 2 of 2 R 10.00 D 11.50 Weld County CO Vacant Land LEGAL DESCRIPTION OF DEED DATED October 18, 2000 Lots 1, 2 and 3 in Section 31, Township 1 North, Range 65 West of the 6th P.M. , according to the Plat of said Section by the Hudson Land Company, recorded in Book 5 of Maps, Page 12, being a part of the following described land: Part of the Northeast 1/4 of Section 31, Township 1 North, Range 65 West of the 6th P.M. , described as follows: Beginning at the Northeast Corner of Section 31, Township 1 North, Range 65 West of the 6th P.M. , thence South 00 ° 00' 00" West 2652 .60 feet along the East line of said Section 31 to the East 1/4 Corner of said 31, said 1/4 corner being also on the Northerly right of way of a Public Service Company of Colorado utility easement; thence North 89°23 '14" West 1991 . 69 feet along said Northerly right of way line of said utility easement to the Southeasterly right of way line of a Burlington Northern Railroad right of way; thence North 36°41'24" East 3281.72 feet along said Southeasterly right of way line of said railroad to the North line of said Section 31; thence South 89°32'28" East, 30 .80 feet along said North line of Section 31 to the Point of Beginning. Except that part conveyed to State Department of Highways, Division of Highways, State of Colorado by deed recorded April 18, 1980 in Book 901 at Reception No. 1822551 being more particularly described as follows: Beginning at a point on the Southeasterly right of way line of The Burlington Northern Railroad (April 1979) , from which the Northwest corner of Section 31, Township 1 North, Range 65 West, of the 6th P.M. , bears North 87°55'45" West a distance of 5, 061. 6 feet; thence North 36° 02'30" East along said railroad right of way, a distance of 202 .6 feet to the South right of way line of County Road 4 (April 1979) ; thence North 89°52 '45" East, along said South right of way line a distance of 34.6 feet to the West right of way line of County Road 39 (April 1979) ; thence South 0°44'30" West along said West right of way line a distance of 163 .4 feet; thence South 89°48'15" West a distance of 151.7 feet, more or less to the Point of Beginning, County of Weld, State of Colorado Form No. OFFICE. OF THE ATE ENGINEER GWS-25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg.. 1313 Sherman St.,Denver,Colorado 80203 (303)866-3581 LIC WELL PERMIT NUMBER 229694 - - APPLICANT DIV. 1 WD 2 DES. BASIN MD APPROVED WELL LOCATION WELD COUNTY CLIFFORD W HERGEMUELLER NE 1/4 NE 1/4 Section 31 365 BIRCH AVE Township 1 N Range 65 W Sixth P.M. BRIGHTON, CO 80601- DISTANCES FROM SECTION LINES 1120 Ft. from North Section Line (303) 655-9557 750 Ft. from East Section Line PERMIT TO CONSTRUCT A WELL ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(I)and policy of the State Engineer under the following conditions for a parcel of land of 7.75 acres described as a part of the Northeast 1/4 of the Northeast 1/4 of Section 31,Township 1 North, Range 65 West of the Sixth Principle Meridian, Weld county, more particularly described in the attached Exhibit A. 4) The use of ground water from this well is limited to ordinary household purposes inside one (1)single family dwelling, the watering of the user's own non-commecial domestic animals, and the irrigation of not more than 10,000 square feet of home gardens and lawns. 5) Production from this well is restricted to the Lower Arapahoe aquifer, which corresponds to the interval between 315 feet and 570 feet below the ground surface. Plain casing shall be installed and grouted to prevent production from other zones. 6) The maximum pumping rate of this well shall not exceed 15 GPM. 7) This well shall be constructed not more than 200 feet from the location specified on this permit. NOTE: The ability of this well to withdraw its authorized amount of water from this non-renewable aquifer may be less than the 100 years upon which the amount of water in the aquifer is allocated, due to anticipated water level declines. NOTE: To insure a maximum productive life of this well, perforated casing should be set through the entire producing interval of the approved zone or aquifer indicated above. /i- /6/,�� /o0 APPROVED MTT z • T �(�(� OCTC 7n ‘Receipt No.0466591 State Engineer DATE ISSUED O C 1 2 6 2000 e EXPI TION DATE I 2 U 2 WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 NORTH 17TH AVENUE GREELEY, COLORADO 80631 [ NT yy7 PHONE(970) 304-6415 FAX (970) 304-6411 Permit#: SP-O1OO384 Sec/Twn/Rng: 31 01 65 PERMIT Owner: HERGEMUELLER CLIFF & CANDY Applied: 07/25/2001 Applicant: HERGEMUEJ 1.FR CLIFF& CANDY Expires: 07/20/2002 Permit Type: RNEW C=Commercial,R=Residential + NEW,REPair,VauLT Parcel#: 1473-31-0-00-038 Location: TBDGR--39-&GRA31 01 65 Legal Desc: (L 5i Description: HOUSE Commercial: N Residential:Y Acres: 7.75 #of Persons: 4_ Basement Plumbing: Y # of Bedroomg: 4 Th3athrooms - Full: 4 3/4: 0 1/2: 0 Water Public: N Water Source: Water Private: Yz Cistern: N W Y/ J5 Well Permit Number: 229694 Percolation Rate 7 Limiting Zw e ?� ft_ in Description % Ground Slope (I Direction NW Soil Suitable (Y/N) Engineer Design Required (Y/N) KC In 100 Year Flood Plain (Y/N) itO From the application information supplied and the on-site soil percolation data the following minimum installation specifications are required: �I Chambers Septic Tank (25r gallons, Absorption Trench - (IL square feet '5% _ or Absorption Bed ((V square feet `i i 41 addition, this permit is subject to the followin additional terms and conditions: Qicii t\-11 fit'vy: h?z J i ha Uu h1/4, 1.;�fiii C/vi , '^ ,t'at�(1 t uA 31, r;N1-7Oe. ii'vl NOTICE This permit is granted temporarily to allow construction to commence. This permit may be revoked or suspended by the Weld County Department of Public Health and Environment for reasons set forth in the Weld County Individual Sewage Disposal System Regulations including failure to meet any term or condition imposed thereon during temporary or final approval. The issuance of this permit does not constitute assumption by the department or its employees of liability for the failure or inadequacy of the sewage disposal system. This permit is not transferable. Before issuing final approval of this permit the Weld County Department of Public Health and Environment reserves the right to impose additional terms and conditions required to meet our regulations on a continuing basis. Final permit approval is contingent upon the final inspection of the completed system by the Weld County Department of Public Health and Environment. Thispermit expires one year from the application date, y Form:S_PERMT Environmental Health Specialist Date 1212?Grant Streer.Room 601 Thornton,CO 80247 (Invest Ration garland 12Dooa-GWStotcity Room Q we st. - Thorn nGmt do 50Room J01 Thomam,C3)4 1-2 002 I Office 170.71 e51-1107 January 29,2002 Mr. Cliff Hergemueller 365 Birch Ave. Brighton,Colorado 80601 RE: Subdivision Sec. 31,TIN,R65W,Brighton,Colorado Dear Mr. Hergemueller: Thank you very much for your request for telecommunications services from Qwest. Qwest will provide service to the proposed site refered to as: "Subdivision: Section 31, TIN, R65W,in Brighton, Colorado". As you may know, many of the telecommunications services provided by Qwest are regulated and the service you requested wilt be provided under rates and tariffs outlined by the Colorado Public Utilities Commission. Qwest appreciates your business and looks forward to working with you to meet your needs. Should you need further assistance, please feel free to call me on 303-451-2703. Sincerely, �� k^ X Robert Sarlund USA 101-d Z0/Z0 d 91Z-1 OISZISPEOE+ 1S3M SO-wolf wd95:10 ZO-62-per ,� NITED p UNITED POWER, INC. PO. Box 929, Brightonn, CO 80601 • Telephone: 303-659-0551 • 1-800-468-8809 Fax:303-659-2172 • http://www.unitedpower.com January 28, 2002 Mr. Cliff Hergemueller 365 Birch Avenue Brighton, CO 80601 Dear Mr. Hergemueller: United Power is ready, willing, and able to provide electric service to your Lots 1, 2, and 3 of the Plat of Subdivision recorded in Book 5, Page 12, on September 13, 1909, located in Section 31, TIN, R65W of the 6th P.M., Weld County, Colorado. If you have any questions, please give me a call at 303-637-1336. Sincerely, UNI D POWER, INC. Monica L. 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U4,.'ib�Y�,Jrw 06111.51 Kveseiresenis dr J'•air A:.J4..•14' r t. ,,, :y,n ,';,•r: fhrargn the +v T7iL rtvuS01N1 L •c✓.4ri/'.ito _ Acht.,..M.._",n_ C'Secra nary, .. .7I..... seiglie. Pree,uant.i . ,,,,,.. Z:t:C0fCOL0RAD0 v' raaho,,o COUNTY cr.DENVtR Pier-4 afiera.-4 ax.I t lxAkr,o Notary lJubirc in and for said aty ancCortntym the Stare ar,rresao,:the,x•personoi/y appeared YYEGoeshoro igh,A-esident. • • and 0..t..,tondieq,Se.-retary df The Hudson Land Codedny.bath ae^donaffuhtnaing7 lame la be Tnt106/11 ,2iPer.:..0.2rvnar.;urresaresubscribed"o the eo/t oop and C=di:dnc-.,c:w r aeknowiedoea that they(edly and yo/ r,:''i tu etac,ired me rare aeiny cea said idation for id 1 mmry ono fore u forth.uses and purpose therein set for . ['wen tree-ni rrard ant-sea'this day s_of'41."-" A.D/2,4,My convssion elrpires_....t. ' z..S•- /9/.,,J . • -- Notary,C'uhlic Clark's Certificate STSTr OfCDL£' aDJ ..JiNTP OFwtLD. ' I hereby certify n>o-r.7;s Insr.-u Merl t 11.7.5,`.:a:fa-.Yew a In my of{ice o,'_o ciack_Al A.D.190_9 and ,/- ecorrieo in<%k... of/'afa of Pave foe.eof fecaroer Hello