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I I y &-•Rn� X55 sY3 3 \ e/ =x III 3 a $^ yE£ J g m68 - m_ 3 E I _££ J � o -- AR ; J _ 3x WELD COUNTY ROAD 39 T , I 4 e€ z < id W tit V. gs$ 2am. • • 4cf,,rt WIiDcDEPARTMENT OF PLANNING SERVICES COLORADO RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Donald and Jeanette Magnuson RE-3283 Planner: ko Legal Description: Part of the E2 SW4 Section 5, T6N, R65W of the 6th P.M., Weld County, CO Parcel ID#: 0803 05 300052 Lot C Size: n/a I Lot B Size: 51.5+/- acres Lot A Size: 2.5+/- acres Water Source: North Weld County Water District Sewer System: Septic Criteria Checklist Yes No X 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with the 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 administrative review that the standards of Section 24-8-40.B.1 through 24-8-40.6.6 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 (I.S.D.S.) regulations. 2. Topographic or physical features of the proposed Lot A and Lot 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. 1. Prior to recording the plat: The plat shall be titled: Recorded Exemption No. 0803-05-3 RE-3283 cDO 33a • • Lot A shall be configured to delineate 2.5 acres as described in the attached map. Further, Lot B shall delineate a building envelope east of and adjacent to Lot A, north of and adjacent to WCR 74 and west of the eastern most property line. Due to the prime agricultural soils on Lot B,the building envelope approved by the Department of Planning Services 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. Lot A shall use the existing residential access point as no additional accesses shall be granted. ,B! 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. fir 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. .Pr Weld County Road 72 is designated on the Weld County Transportation Plan Map as a local gravel road,which requires sixty(60)feet of right-of-way at full build out.There is presently sixty (60) feet of right-of-way. A total of thirty (30)feet from the centerline of Weld County Road 72 shall be delineated right-of-way on the plat. This road is maintained by Weld County. n14. G. Weld County Road 39 is designated on the Weld County Transportation Plan Map as a local (( gravel road,which requires sixty(60)feet of right-of-way at full build out.There is presently sixty (60)feet of right-of-way. A total of thirty (30) feet from the centerline of Weld County Road 39 shall be delineated right-of-way on the plat. This road is maintained by Weld County. 9 The applicant shall provide a deed describing part of the E2 SW4 of Section 5, T6N, R65W of the 6th P.M., Weld County, CO. ' The applicant shall attempt to address the requirements (concerns) of The Department of Building Inspection,as stated in the referral response received April 3, 2002. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. 0The applicant shall address the requirements of Weld County School District RE-2 as stated in the referral response received March 28, 2002. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. p 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. "/0 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. M. 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) 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. 4) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot A and Lot B has an adequate water supply of sufficient quality, quantity and dependability from North Weld County Water District. 5) 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. 6) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 7) 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. 8) 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. 9) 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. 4. The applicant shall submit two(2)paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-70 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. 5. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is.e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsco.weld.co.us. 6. The Weld County Department of Planning Staffs approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. By Date April 19, 2002 Kim Og t Planner III ill Plat Checklist II POC Planner, Item Comments Check Check i Proper size of plat -?4" x 36" - 18'. x -l4" 1- Boundaries of Lots ..--- Scale Suitable Scale?(Approximat: 1"=200'o 1"=100') v Accesses indicated Shared Access?If so,is easement Certificate included? Roads labeled,including ✓ R.O.W Building Envelope(s) . Vicinity Map Suitable Scale?((Approximately 1"-2000') ✓ North Arrow 40 Legal Description ko- Notes from Planner/ Development Standards Conditions of Approval f i Owner's Certificate Notarial Certificate included?All owners must sign the plat, v check the deed. Surveyor's Certificate and All surveyed plats ....-- Surveyor's Stamp Note:USR plats do not need to be surveyed Director of Planning Notarial Certificate included?(RE,SE, SPR,Final PUD if Certificate Staff Approved) Planning Commission (USR,COZ,Minor Sub.Final) • Certificate Board Certificate (USR,COZ„Minor Sub Final) (Final PUD,RE,SE&ZPMH if Board approved) Typical Road Cross Section (COZ,Final Minor Sub.and Final PUD) Easements Please return the plat to the CAD Technician within 24 hours of receiving the plat. (104fe Planner on Call: (Initials) Planner Signature: Date: _ WELD COUNTY,COLORADO utPARTMENT OF PLANNING SERVICES 1555 N. 17TH AVENUE GREELEY,CO 80631 PHONE(970)353-6100, Exr.3540-FAX(970)304-6498 DATE: V 5 20 02 RECEIPT f b t Q F RECEIVED FROM: �� I { Y}(' 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 65604:OrnPnu aFEE`) JCS (2—° . MISC. / /0 DO ASH O CHECK NO: TOTAL BY: 1=7 t LTV WHITE-CUSTOMER CANARY-FINANCE PINK-FILE • • August 2, 2002 Kim Ogle Department of Planning Services 1555 N 17th Avenue Greeley, Colo 80631 Subject: Recorded Exemption(RE-3283) Kim: The Department of Building Inspection made comments regarding the need to have building permits for each structure constructed and that the structures must meet the set backs, separation and codes of the Weld County. Any structure built on these lots, as noted in the letter from Jeff Reif, is required to have plans submitted to the Department of Building Inspection for review. Those plans must meet the requirements of the Department of Building Inspection in order to acquire a building permit for the structure to be constructed. Payment has been made to the Weld County School District RE-2 in the amount of $2086.00. A copy of the check and accompanying receipt are enclosed. We appreciate the information furnished by West Greeley Conservation District. According to that information, the soil for Lot A is entirely Otero Sandy Loam which has only slight limitations for all building applications. It is also noted as not being prime farm land. This information aligns well with the experience we have with the property. The remainder of the property is remaining in agricultural production as was indicated in our application. Also enclosed is a certificate from the Weld County Treasurer showing all taxes are paid on the original parcel. If there are any questions or further information needed, please give me a call. Lsofrt Don agn n INTEtMILL LAND SURVEYING, INC. 1301 NORTH CLEVELAND AVENUE LOVELAND, COLORADO 80537 Phone: (970)669-0516/Fax: (970)635-9775 LETTER OF TRANSMITTAL DATE: July 30, 2002 PROJECT NO.: P-02-5157 Magnuson RE 314%3 TO: Kim Ogle We ld County Department of Planning Services 1555 N. 17th Avenue Greeley, CO. 80631 RE: Magnuson Recorded Exemption )'ko. 3143 WE ARE SENDING YOU: (X) Delivery ( ) Mail ( ) Fax Page(s) ( X ) Attached ( ) Under Separate Cover THE FOLLOWING ITEMS: Quantity: Description: 1 Paper copy of Recorded Exemption Plat for review. (X ) For your use ( X ) For approval ( X ) Reply requested ( X)For your files ( ) For signature(s) ( ) Please return originals ( X ) As requested ( X ) For review/comment ( ) Other REMARKS: Kim, Here is a paper copy of the Magnuson Recorded Exemption for review. Please reply at your earliest convenience. Please call with any questions or concerns. Sincerely; INTERMIL AND SURVEYING, INC. Toby ders, Project Coordinator Intermill Land Surveying, Inc 1 w. C ' 1 \ 83 r, i ;; '' / • • Kim Ogle- Recorded Exemption (RE-3283 Page 1 ii • From: Donald o Magnuson <agcountry@juno.com> To: <slockman@co.weld.co.us> Date: 6/17/02 10:12AM Subject: Recorded Exemption (RE-3283) Kim Ogle Intermill is in the process of producing the mylars for this application. The mylars are not completed at this time. I am asking to have the application date extended 30 days. Don Magnuson t , • • • L vtt' i &v •-- I\wilk FIELD .C HE . . - . , .--- COLORADO APPLICANT: `).-:. . _ .1 ) . . ..4:4' Ifu. i -• - CASE #: 1'r. -- S ) ;: .3 LEGAL: 1 I c L _ f .--‘ - y .. LOCATION: P1i _i... 1 , ,,-.. , F.:• 1,.... c ,i. i :;, { 1 :' L. t 1 , 4 , t, 1. < (..: 3 ({ ZONING LAND USE ' 1N N e_ L E j E .,.S L..k._, : / _6. ,L.4...\ S S J ,•eQ) ' c. COMMENTS: 11 L _S+-.,i [.-.. , c_ - y,,e—W O,.4.-( l c.1.a.. ,�_ S. tom''"' ` , f.' �_"y nr SAO w ,'"° �J2 ! ` 1 I PLANNER: C� 0.` C/ 0 INSPECTION DATE: • • • • View from the SE corner of the property; looking North . • View from the SE corner of the property looking to the Northwest. Kim Ogle - PLAN2RE.WPD Page 1 MEMORANDUM TO: Kim Ogle, Lead Planner DATE: April 3, 2002 FROM: Donald Carroll, Engineering Administrator SUBJECT: RE-3283; Donald & Jeanette Magnuson COMMENTS: WCR 72 is designated on the Transportation Plan Map 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. WCR 39 is designated on the Transportation Plan Map a paved 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: The Weld County Public Works Department recommends approval of this application. In accordance with Section 24-7-50 J of the Weld County Code, Chapter 24, Article VII, the flag lot configuration will be avoided where possible. The minimum width of a flag lot is 30 feet. (Lot B) The applicant shall utilize the existing access to this parcel, and no additional accesses shall be granted. (Lot A) 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-3283 M'.\W PFILES\DON-C\PLAN2RE.W PD WELD COUNTY,COLORADO DEPARTMENT OF PLANNING SERVICES 1555 N. 17T"AVENUE GREELEY,CO 80631 PHONE(970)353-6100, EXT.3540 -FAX(970)304-6498 a k te DATE: % I- • oN. 20 c RECEIPT 031 t32 RECEIVED FROM: _)r's. ' e. • __ NO. TYPE FEES 4221 .REJSE , �; + , ::x.ti �< •,, , i 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. o CASH CHECK NO: • I TOTAL BY: i. WHITE-CUSTOMER CANARY-FINANCE PINK-FILE • • March 11, 2002 Department of Planning Services 1400 N 17th Avenue Greeley, Co 80631 TO WHOM IT MAY CONCERN: Please send all correspondence with applicant to: Don Magnuson 404 Cottonwood Eaton, Co 80615 If you need any further information, we will try to accommodate your reasonable requests. 1. Attached is a completed application(plus nine copies) for a Recorded Exemption on property currently owned by Donald O. Magnuson and Jeanette R. Magnuson, the applicant in this matter. Subject land shall be Part of the E1/2 of SW1/4 of Section 5, Township 6 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 'A" 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 and pipelines), 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. North Weld County Water District provides service along WCR 72. Attached is an availability letter. There are no well permits for this property. The large lot is large enough it does not need one nor is it appropriate at this time. 7. There are no existing homes nor septic systems. Septic system permits for each lot is only possible after the size of home is determined. This must be determined at some future time when the owner at that time is applying for a building permit. 8. The original Certificate of Conveyance form and attachments are included in the original packet. • • 9. A personal check for $990 from applicant is included as payment of the application fee. 10. The $11 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, By 0 Byea ,4,; `_ . ,) Donald O. Ma son Jeanette R. Magnuson Attachments: Application Questionaire Map Weld County Road Access Information Sheet Certificate of Conveyance and Deed NWCWD letter Check for Application Fee r i APPLICATION FLOW 'SHEET WELOe ....... .i COLORADO APPLICANT: Donald and Jeanette Magnuson CASE#: RE 3283 REQUEST: Two Lot Recorded Exemption LEGAL: Part of the E2 SW4 Section 5, T6N, R65W of the 6th P.M., Weld County, CO LOCATION: North of and adjacent to Weld County Road 72 and 1250 feet east of WCR 39 PARCEL ID#: 0803 05 300052 ACRES: +/-53.8 Date By Application Received 3-11-2002 cg Application Completed 3-12-2002 ko Referrals listed 3-12-2002 ko Design Review Meeting (PUD) File assembled 3.)3 0"2- O/Lk Letter to applicant mailed 3 . r3 :pZ DM Vicinity map prepared Referrals mailed 3 13.02 ICI Chaindexed 3 t-7-2,07_, DA,I- Field check by DPS staff Administrative Review decision: 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 ?-7-200 2- Overlay Districts Zoning Agricultural - PRIME MUD Yes No x !GA Yes_x_ No Airport Yes_ No_x_ Geologic Yes_ No_x_ Flood Hazard Yes No x Panel#080266 0488 C Road Impact Yes No_x_ SW Weld 1_ 2_ 3_ Windsor_ • DEPARTMENT OF PLANNING SERVICES (ita 1555 N. 17th Avenue Greeley, CO 80631 Phone (970) 353-6100, Ext. 3540 Fax (970) 304-6498 C. COLORADO March 13, 2002 Don Magnuson 404 Cottonwood Eaton CO 80615 Subject: RE-3283 A Recorded Exemption located on a parcel of land described as part of the E2 SW4 Section 5, T6N, R65W 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 Eaton Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Eaton Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Eaton at(970)454-3338, for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. Sincerely, irrn Kim O gle Planner DEPARTMENT OF PLANNING SERVICE • Weld County Adrriltrative Offices, 1400 N. 17th Avenue, Greg" Colorado 80631 Phone (970) 353-6100, Ext. 3540 - Fax# (970) 352-6312 APPLICATION FOR RECORDED EXEMPTION Application Fee I i 1. 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. El Pt of 1.2 of SW1:4 of Section 5 Legal Description: Twn 6N Rg 65W Total Acreage: 53 8= Zoning Ag Parcel Number 0 8 0 3 0 5 3 0 0 0 5 2 (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 xx No Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes No xx Does the parcel of land under consideration lie in any of the following Overlay Districts? Flood Hazard: Yes_ No x ; Airport: Yes_ No x ; Geological Hazard: Yes_ No x FEE OWNERS OF PROPERTY Donald 0 Magnuson and Name: Jeanette Magnuson Home Phone* 454-3011 Work Phone* 352 0222 Address: 404 Cottonwpod City/State/Zip Code Eaton. Colo 80515 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 Water Source ' Proposed well NWCWD (letter) Type of Sewer ISDS proposed ISDS proposed Proposed Use Irrigated farm Rural residence Acreage 50- 41 Existing Dwellings No No Yes or No Existing Dwellings Address (if applicable): c'//9/ox. -/ Larger Parcel /91-79C C f. 7� k3' Smaller Parcel /9, 7,` c'77 '/w? c 2 Smaller Parcel (applicable only for 3-lot Recorded Exemption) I hereby state that all statements, proposals, or plans submitted with this application are true and correct to the best of my knowledge. (\ Rev: 1-27-97 \ rOlwner or prized Agent 5 i • RECORDED EXEMPTION QUESTIONNAIRE 1. a. Domestic Water: The attached North Weld County Water District letter of Service explains the water supply source. The sufficient quality, quantity and dependability have long-time experience in this area. b. Irrigation Water: The large lot has been historically irrigated. The smaller lot has also been historically irrigated (point rows). Irrigation water shall remain with respective lots. 2. Sewage Disposal: Individual septic disposal systems are proposed to be on both lot A and B. The Weld County Health Department will require an ISDS with any future building permit. Owners of the respective lots shall meet these requirements at that time. The soil of the respective lots is satisfactory for individual septic disposal systems. A septic permit is not appropriate at this time for the size of the house(s), bedrooms, bathrooms, and number of people living therein are unknown. A statement on the recorded plat shall state that an ISDS is required with any building permit. 3. Present Use of Property: The property is currently irrigated farmland. The end rows on the south end of the farm and north of WCR 72 shall be on proposed lot A. Proposed lot B of this land has historically been used as irrigated farmland and is the land under the center pivot. 4. Reason for Proposed Recorded Exemption: The applicants children are in need of housing. The applicants own and operate 430 acres in the Eaton, Galeton and Ault area as well as maintain full time careers in Greeley. The two adult children have helped extensively and have jobs in Greeley. This land is the closest land they have to Greeley and is beside the farm shop. 5. Description of Lots: The original farm portion(Lot B) comprises a large part of the E1/2 SW1/4 of Section 5. The proposed Lot A will be located on the south end of the subject property, outside of the center pivot. The smaller lot will be at least 4 acres. The larger parcel is the remainder or approximately 50 acres. 6. Unique Physical Characteristics: The property slopes gently toward the east and is adjacent north of WCR 72. The smaller lot is outside of the center pivot and is very difficult to maintain in agricultural production. The present arrangement wastes a lot of water and causes wet soil conditions to occur. 7. Structure Compliance: Future structures must comply with Weld County setback and offset requirements for agriculturally zoned districts and built according to code via the building permit and related inspection process. The size and shape of the lots allow ample area for appropriate building location. Control rests with the building permit process. 411D • 8. Conservation Easement: The applicants do not believe a formal conservation easement on the larger parcel is appropriate for agriculture zoned district and the existing conservation nature of Irrigated Farmland. Access to the NW corner is very difficult and the only other logical building site because of the center pivot. A change to other uses will require an application for such change and Weld County has approval/denial control at that time. Applicants cannot envision at this time why any use other than agriculture would occur. This is outside of Eaton's Growth area. Thus, agriculture (irrigated farmland) will continue. 9. Building Envelope: A building envelope is not appropriate at this time for all of Lot B is irrigated farmland. The east end has access and existing field roads as stated above, the only possible building site is in the NW corner, access is nearly impossible. 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 and agricultural goals and policies. 11. Surrounding Land Use: The proposed uses of this application are compatible with existing land uses. The parcel is irrigated farmland with a difficult corner to irrigate and if the split is approved Lot B would be allowed a rural residence. The land to the East, south, west, and north is irrigated farmland. All lands have rural residences and two farms have livestock facilities. The closest house to the proposed new lot is adjacent to Lot B. WCR 72 is a lightly traveled road because of nearby paved roads at 39 and 74. 12. Agriculture District Intent: The agriculture district is intended to preserve prime farmland. This application is 2+ acres of farmland from production where it is no longer feasible to maintain production. It allows the low capability land with high labor and water costs to be used for rural housing (allowable in agriculture zone). The irrigated farmland will continue to be the open space of the neighborhood. 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 owners and allows a family member a residence on the farm without damaging the highly productive farmland. Safe water, sewer and quality of life is granted while allowing the applicant to economically adjust and labor effectively. • • c. This application is two miles southwest of the Town of Eaton and six miles north of Greeley, the closest towns. By the nature of this recorded exemption application, Weld County Planning is preserved to maintain productive farmland and allow for rural residential growth with nearly no impact to agriculture and municipalities. d. This application is within the Eaton 3 mile planning area, but outside Eaton's Master Plan area. Applicant, if requested, will assist Weld County in coordinating plans with neighboring towns. 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, engineered septic system, quality of life and the financial stability of the family farm. g. This application complies in every detail to the very thorough recorded exemption process of the subdivision regulations of Weld County. It provided a uniform procedure and standard for rural residences in agriculture zoned areas. h. None of the applicant's land is wooded; therefore, fire related to wooded terrain is not applicable. i. This application maximizes the preservation of productive agricultural land. Four acres, more or less, of economically marginal land is taken out of production. Low productive land is designated for rural residences. j. The irrigation water historically associated with this farm is allocated to the land historically irrigated. k. The "historic"vegetation patterns will remain on both partials. 1. The relatively flat surface will be maintained in normal farming rotation and tillage and the landscaped residence yard area. Cultural practices shall preserve erosion in compliance with the NCR office. m. The NCR compliance ground cover acts as natural flood and wind erosion control. There are no natural water ways on the property, except normal irrigation canals. n. None of the land in this application is in a flood plain. Both lots have a good site and soil type for building construction. o. The gentle slope of the terrain is not troubled with landslides or mud flows. There are no known geologic hazards. �! • P. Space allocated for schools and parks to serve this population is insignificant and not applicable. The open space nature of this application more than compensates. Report Date: 08/02/2002 01:04PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R7781698 ASSESSED TO: MAGNUSON DONALD O&JEANETTE R 404 COTTONWOOD AVENUE EATON, CO 80615 LEGAL DESCRIPTION: PT SW4 5-6-65 LYING E OF GALE LATERAL DITCH (.45R) PARCEL: 080305300052 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2001 TAX 402.24 0.00 0.00 402.24 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 08/02/2002 0.00 ORIGINAL TAX BILLING FOR 2001 TAX DISTRICT 0226- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 20.559 93.75 AGRICULTURAL L 15,719 4,560 SCHOOL DIST RE2 47.368 216.00 NCW WATER 1.000 4.56 TOTAL 15,719 4,560 NWC WATER 0.000 0.00 EATON FIRE 9.000 41.04 AIMS JUNIOR COL 6.620 30.18 WELD LIBRARY 3.249 14.82 WEST GREELEY SOIL 0.414 1.89 88.210 402.24 - TAXES FOR 2001 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley,CO 80632 (970)353-3845 ext.3290 WELD COUNTY TREASURER Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes, special assessments and prior taxes liens currently due and payable connected with the parcel(s) identified therein have been paid in full.g z.4 Signe Date • • Report Date: 03/11/2002 10:35AM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R7781698 ASSESSED TO: MAGNUSON DONALD O&JEANETTE R 404 COTTONWOOD AVENUE EATON, CO 80615 LEGAL DESCRIPTION: PT SW4 5-6-65 LYING E OF GALE LATERAL DITCH (.45R) PARCEL: 080305300052 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2001 TAX 402.24 0.00 0.00 402.24 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 03/11/2002 0.00 ORIGINAL TAX BILLING FOR 2001 TAX DISTRICT 0226- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 20.559 93.75 AGRICULTURAL L 15,719 4,560 SCHOOL DIST RE2 47.368 216.00 NCW WATER 1.000 4.56 TOTAL 15,719 4,560 NWC WATER 0.000 0.00 EATON FIRE 9.000 41.04 AIMS JUNIOR COL 6.620 30.18 WELD LIBRARY 3.249 14.82 WEST GREELEY SOIL 0.414 1.89 88.210 402.24 - TAXES FOR 2001 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley, CO 80632 (970)353-3845 ext.3290 • Weld County Treasurer Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes, special assessments and prior tax liens currently due and payable connected with the parcel(s) identified therein have been paid in full. The lien for the current year has attached for property • taxes and special assessments, but is not currently due and payable. Signed: C -) • Date: 0 • REFERRAL LIST • NAME: Donald &Jeanette Magnuson CASE NUMBER: RE-3283 REFERRALS SENT: March 13, 2002 REFERRALS TO BE RECEIVED BY: April 3,2002 COUNTY TOWNS and CITIES _Attorney Ault _X Health Department Brighton Extension Service Broomfield _Emergency Management Office Dacono _Sheriffs Office _X_Eaton _X Public Works _Erie Housing Authority Evans Airport Authority _Firestone _X Building Inspection Fort Lupton X_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 _X_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 X_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 _Lorimer _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 _Ditch Company Longmont _West Adams iREFERRAL LIST • NAME: Donald and Jeanette Magnuson CASE NUMBER: RE 3283 COUNTY TOWNS and CITIES Attorney Ault Legal _x_Health Department Berthoud Extension Service Brighton Zone Dist Emergency Management Office Broomfield Sheriffs Office Dacono FP _x_Public Works _x_Eaton Housing Authority Erie Panel# Airport Authority Evans _x_Building Inspection Firestone Airport _x_Code Compliance 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 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 _x_North of Hwy 66(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 _x_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(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 Central Colo.Water Conservancy Dist. _x_Greeley Panhandle Eastern Pipe Line Co. Longmont xSchool District RE-2 West Adams Art Elmquist(MUD) Southeast Weld Ditch Company Platte Valley Lin or Robin for addressing (Change of Zone) COMMISSION/BOARD MEMBER . • p Weld County Referral C. COLORADO March 13, 2002 The Weld County Department of Planning Services has received the following item for review: Applicant Donald &Jeanette Case Number RE-3283 Magnuson Please Reply By April 3, 2002 Planner Kim Ogle Project Two Lot Recorded Exemption Legal Part of the E2 SW4 Section 5, T6N, R65W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to WCR 72 and 1,250 feet east of WCR 39. For a more precise location, see legal. Parcel Number 0803 05 300052 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 tti We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: \r rsc rt,vf+{ Ot: ('iUV I (AN-11p(!it( 6 C-iK1> np Ulhln iMI() Signature �✓` rJ k4 m is z1 Agency 7 ,� CtTf l (y 0 (. Date 4.1A/eld County Planning Dept. 55 N. 17th Ave. Greeley, CO.80631 +(970)353-6100 ext.3540 •?(970)304-6498 fax ri cr(L----N:s • • Weld County Planning Department GREELEy OFFICE MAR 2 1 2002 will RECEIVED Co Weld County Referral COLORADO March 13, 2002 The Weld County Department of Planning Services has received the following item for review: Applicant Donald & Jeanette Case Number RE-3283 Magnuson Please Reply By April 3, 2002 Planner Kim Ogle Project Two Lot Recorded Exemption Legal Part of the E2 SW4 Section 5, T6N, R65W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to WCR 72 and 1,250 feet east of WCR 39. For a more precise location, see legal. Par•cel Number 0803 05 300052 __,,, ,. — _ n,. 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. AWe 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: Sig Lure17. S ol��/e Agency iitIN ErATr°J Date +Weld County Plannin e 22'‘ h' trtfrAVe. Greeley, CO. 80631 +(970)353-6100 ext.3540 +(970)304-6498 fax cu . . GOI5-j 1,; • • p Weld County Referral C. COLORADO March 13, 2002 The Weld County Department of Planning Services has received the following item for review: Applicant Donald & Jeanette Case Number RE-3283 Magnuson Please Reply By April 3, 2002 Planner Kim Ogle Project Two Lot Recorded Exemption Legal Part of the E2 SW4 Section 5, T6N, R65W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to WCR 72 and 1,250 feet east of WCR 39. For a more precise location, see legal. Parcel Number 0803 05 300052 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 LtZWe have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature ' 'F jzt CY •, V2) Z- Agency 17j /=�✓�/, /9eMr2j�tEm✓/, Date -f-Weld County Planning Dept. •:1555 N. 17th Ave. Greeley,CO.80631 +(970)353-6100 ext.3540 •:x(970)304-6498 fax /lb 6 • •tki Weld County Planning Department GREELEY OFFICE I MAR 2 8 2002 C. Weld County R& 'ED COLORADO March 13, 2002 The Weld County Department of Planning Services has received the following item for review: Applicant Donald &Jeanette Case Number RE-3283 Magnuson Please Reply By April 3, 2002 Planner Kim Ogle Project Two Lot Recorded Exemption Legal Part of the E2 SW4 Section 5, T6N, R65W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to WCR 72 and 1,250 feet east of WCR 39. For a more precise location, see legal. Parcel Number 0803 05 300052 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. U See attached letter. Comments: Signature ��ccc) r)1 al-- Agency o{ AAicc Date +Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO. 80631 :•(970)353-6100 ext.3540 t-(970)304-6498 fax 41. p Weld County Referral C. COLORADO March 13, 2002 The Weld County Department of Planning Services has received the following item for review: Applicant Donald &Jeanette Case Number RE-3283 Magnuson Please Reply By April 3, 2002 Planner Kim Ogle Project Two Lot Recorded Exemption Legal Part of the E2 SW4 Section 5, T6N, R65W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to WCR 72 and 1,250 feet east of WCR 39. For a more precise location, see legal. Parcel Number 0803 05 300052 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 U We have reviewed the request and find no conflicts with our interests. cki See attached letter. Comments: Signature A)L�X/J(�/://l 4 - O - 0 —' Agency " Scrrikeira Date 4Weld County Planning Dept. 41555 N. 17th Ave. Greeley, CO. 80631 4-(970)353-6100 ext.3540 v(970)304-6498 fax • • • • Weld County Planning Department GREELEY OFFICE APR 1 0 2002 MEMORANDUM RECEIVED TO: Kim Ogle, Lead Planner DATE: April 3, 2002 C FROM: Donald Carroll, Engineering Administrator SW� COLORADO• SUBJECT: RE-3283; Donald & Jeanette Magnuson COMMENTS: WCR 72 is designated on the Transportation Plan Map 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. WCR 39 is designated on the Transportation Plan Map a paved 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: The Weld County Public Works Department recommends approval of this application. In accordance with Section 24-7-50 J of the Weld County Code, Chapter 24, Article VII, the flag lot configuration will be avoided where possible. The minimum width of a flag lot is 30 feet. (Lot B) The applicant shall utilize the existing access to this parcel, and no additional accesses shall be granted. (Lot A) 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-3283 M:\W PFI LES\DON-C\PLAN2RE.W PD • • • 'load File# 7> RE: 3383 Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: March 11. 2002 933 North 11th Avenue,P.O.Box 758, Greeley,CO 80632 Phone: (970)356-4000,Ext. 3750 Fax: (970)352-2868 1. Applicant Name Donald 0. & Jeanette Magnuson Phone 454-3011 Address 404 Cottonwood City Eaton State Co Zip 80615 2. Address or location of access Section 5 Township 6N Range 65W Subdivision Block Lot Weld County Road # 72 Side of Road N Distance from nearest intersection 2600 ft from WCR 39 3. Is there an existing access to the property? Yes XX No # of accesses 4. Proposed Use: El Permanent 11I Residential/Agricultural O Industrial O Temporary O Subdivision O Commercial O Other 5. Site Sketch Legend for Access Description: AG= Agricultural L_ A RES = Residential WCR 74 ^ 9� O&G= Oil&Gas D.R. = Ditch Road I ! Ifrin4 I SCILre Ag ng D.R. Res a 3 3 ********************************************************************t*tit*t******************************** OFFICE USE ONLY: Road 7.2- ADT cob Date e 5 Accidents Date Road 31 ADT (o aq Date I- b- ' 1 Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation authorized ❑ Information Insufficient Reviewed By: Title: 7 (to_l?.4----i,;.:, • • C.p Weld County Referral COLORADO March 13, 2002 The Weld County Department of Planning Services has received the following item for review: Applicant Donald & Jeanette Case Number RE-3283 Magnuson Please Reply By April 3, 2002 Planner Kim Ogle Project Two Lot Recorded Exemption Legal Part of the E2 SW4 Section 5, T6N, R65W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to WCR 72 and 1,250 feet east of WCR 39. For a more precise location, see legal. Parcel Number 0803 05 300052 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 ❑ e have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature t�c�/T 2 " `i' 4 3' Zoo Z Agency t /� i tt ,,. Date 4-Weld County Planning Dept. •:1555 N. 17th Ave. Greeley,CO.80631 :•(970)353-6100 ext.3540 •?(970)304-6498 fax • • KitQ DEPARTMENT OF BUILDING INSPECTION Weld County Administrative Offices 1555 N. 17th Avenue, Greeley, CO WEBSITE: www.co.weld.co.us Phone (970) 353-6100, Ext. 3540 Fax (970) 304-6498 COLORADO April 3, 2002 Donald & Jeanette Magnuson Two Lot Recorded Exemption RE-3283 1. A separate building permit shall be obtained prior to the construction, alteration or renovation of any building. A separate building permit may be required for any change in the use of any building. Building permits are not required for a building that meets the requirements of an Ag Exempt building, however a Certificate of Compliance is required for each Ag Exempt building. 2. Structures shall be separated from each other in accordance with the provisions of Chapter 5 of the 1997 Uniform Building Code. 3. A plan review will be required for all buildings. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for the permit. 4. Buildings shall conform to the requirements of the 1997 UBC, 1998 IMC, 1997 IPC, 1999 NEC and Chapter 29 of the Weld County Code. 5. Each building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. Please contact me for any further information regarding this project. Sincerely, Jeff Reif Building Official Service,Teamwork, Integrity,Quality • • to to �t Memorandum TO: Kim Ogle, W.C. PlanningII I Planning " Weld County _F.r,• GREELEY p.. ,,,; 0 DATE: April 2, 2002 APR 2 2002 COLORADO FROM: Peden,f EH Services ^ r CEI CASE: RE-3283 KC APPLICANT: Magnuson, Donald & Jeanette 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. Please note, the lot owners should verify with the nearest Town/City or Sanitation District to determine the location of the nearest sewer line. In accordance with the Weld County Code, if a sewer line exists within 400 feet of the property and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Additionally, please note the following: 1) If this application is proposing a well(s) as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. 2) Topographic or physical features of the proposed lot, such as ravines, ditches, streams, etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Division recommends that the applicant review the County Code pertaining to Septic Systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may be need to be enlarged. M:\ENVIRONMENTAL HEALTH SERVICES\PLANNING\RE-3283.rtf EATON SCHOOL DISTRICT RE-2 John J. Nuspl 200 Park Avenue Superintendent Eaton, Colorado 80615 (970) 454-3402 (970)454-5193 Fax Weld County Planning Department GREELEY OFFICE AUG g 2002 March 28, 2002 RE'CLWED Kim Ogle Weld County Planning Department 1400 17th Avenue Greeley, CO 80631 RE: Donald & Jeanette Magnuson 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, llll Timothy Unrein Business Services Director Eaton School District RE-2 Enc. Date Paid ' i Amount aocl,'2° Check # 143'3 Received By &.• 1433 DON MAGNUSON JEANETTE MAGNUSON si DBA AGCOUNTRY NUTRITION CHOICE 82-627/t070 404 COTTONWOOD 970-454-3011 EATON, CO 80615 2164 35TH AVE.,•GREELEY,CO 60634 DATE /�''/-"- ( -"'_` r y / / J._ PAY . _, _, ''1-1''' . - i_-, DOLLARS $ < r r • TO in THE , __ - _- ORDER -. _ ` .- • OF NOT , NE.GOTCABLE--- II°00143311' I: 10 7006279i: 01 2838911' DON MAGNUSON JEANETTE MAGNUSON DBA AGCOUNTRY NUTRITION nci I nvc cnou wvn_, 31_7 NOTES RECEIPT DATE F (.92 NO. 4433 /�,,� in RECEIVED FROM Y-w" / " ADDRESS S a6V47• bU FOR l/uigi .2 -1 C AL i . • y ACCOUNT HOW PAID ANT.OF ACCOUNT-. CASH I_IN PAMT. A -. CHECK, I-. lei' )t hi i._ d EAUNCE-■ MONEY -■ BY )t CA/I""' OUE: .ORDER 01997 REDIFORM® reist.), , Weld Cr": Planning Department r, ELEY OFFICE MAR 2 1 2002 RECEIVED 119 €. Weld County Referral COLORADO March 13, 2002 The Weld County Department of Planning Services has received the following item for review: Applicant Donald & Jeanette Case Number RE-3283 Magnuson Please Reply By April 3, 2002 Planner Kim Ogle Project Two Lot Recorded Exemption Legal Part of the E2 SW4 Section 5, T6N, R65W of the 6th P.M., Weld County, F Colorado. Location North of and adjacent to WCR 72 and 1,250 feet east of WCR 39. For a more precise location, see legal. Parcel Number 0803 05 300052 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 U We have reviewed the request and find no conflicts with our interests. Al See attached letter. Comments: Signature 1Th'+—y� `^ -VI, -d Agency G5cc" Date Weld County Planning Dept. •:•1555 N. 17th Ave. Greeley, CO. 80631 4-(970)353-6100 ext.3540 •?(970)304-6498 fax 111 0 Applicant : Donald & Jeanette Magnuson Planner: Kim Ogle RE -3283 Case Number:___ , , ._____ 4 ( ( 32 \ ! 64 33 \ 52 4 I JL- \Th / 1 \ II ,, WCR41 31 1 \ , 1 , 1 64 51 } N. 78hit l WCR72 � 58 -7" 14 Legend Property Boundary * F[[F[['-�' } 'gig Lakes {��JifJ��-� --- --- Highways Soil Types Major roads Rail Road Local roads Floodplains NStreams & Ditches * Boundaries are estimated 4illb IIII a Cum iZ E Ui (a C Oct O O U N O E 2 a. t E C Q O O U cts o °' a) 0 c > as E >, s_ ''^^ ,e_. c V) Cu `i 1O Cu — LL .. Co ooC� O > V` E Cu 'L J L.L '3 O O 0 ?- Z Z o E, C - >, U O Ct .2 cu a U H -O Oct a U O ._ 4--' -•-`• t- L a) 0 . CDC 0) > O U) ¢ 0 Cn U) Q O _Cu c . • O D; 0 — L a) >` co Ifs O a O v- C D EE : o O O m :'= O a O -•-• 0 rf� a M O O0 co "= o, a M o co C)) c Ca O U I C V N 0 M c E o rn rn U 3Tii. _o ._ ..- `' p 69 a U , . a O O 0 c o r L c L tE- L O N (U V 0 E .Q (I) = - O C 3 0 oUs 1T _ L Cti }� O CD C > �_ CU > C 0 -cam E E Ea a) (II u) x _O' o c c N O w O 0 �_ � a (13L >, (I)c 2 • c O � � o 0 CO 0S N O X E oU o °3 -0 O) -~ F o 7 n c0 M Tocn �. 0 WI O . cn occ Co � 0 Y > J0J U 0 5 - i' aO E cCD CO al a O O .n Z = a c O > O (U O .4 J O 0 ° L +� r 0 O Z L Y O F- (I3 N v = U N CU U O 'Q C M cA c0 a O f a Q. E,cti .o OQ 0- F-- cn w- N. v. • li il / • • • • \ , l Lot I / • • \X Lot A '7!\\„/ / /(` Building , Envelope W Itl County Road]4-- --- — —J l / 1 �` \i \ \\ • Peansvc1 C ; (ptUs TbwA 'Ftte‘n O)I co \t‘AtilYsi RE 2837 Magnuson"IL WCR 72 , 1;E 702 144P ' Se etc 00, Si Ry 4.6 Id Jjotui /J O . an ) \h o I1 e {'l u s t h e.,44erp � �. , o � SGa V . Flood $ rr ; Qt sk w V! how .. / Z . .. �r C . . . : . . PrOj20t C t So ► Cente r 1 f Vd1- ( pr t irnl1-e Q 47 , Sr r i cif D f- �, — pipe 1 , ne , &Qs ey? eh 1 If � V� Pit it ; roD , , eo/ f / ito-I ` exIsfi Al r -- i Qceess _ I. W 0 ks 7,z E ; h 1 Er;or ; st 4eeesS ` + • Road File# RE: Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: March 11 . 2002 933 North l lth Avenue,P.O.Box 758, Greeley,CO 80632 Phone: (970)356-4000, Ext. 3750 Fax: (970)352-2868 1. Applicant Name Donald 0. & Jeanette Magnuson Phone 454-3011 Address 404 Cottonwood City Eaton State Co Zip 80615 2. Address or location of access Section 5 Township 6N Range 65W Subdivision Block Lot Weld County Road # 72 Side of Road N Distance from nearest intersection 2600 ft from No # ofaccesses 2 WCR 39 Yes 3. Is there an existing access to the property? XX 4. Proposed Use: a Permanent ti ResidentiaUAgricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other *********************************tit********************************************************R••*********** 5. Site Sketch Legend for Access Description: sy if w AG= Agricultural L_ RES = Residential WCR 74 Elk O&G= Oil&Gas D.R. = Ditch Road • AA .31 m . Re D.RR Res :J *****itti5i*************************if•t+******♦•W#tYRt******rtk•i•t4•rt++s#W Yt4•******************t******tif OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions t•*•}k•tt******tiiiiikttttk****Wi•4tttiti*1i4♦•ti##tit#*ii*************#kitRMi•ttkit#+i#tii++++tktikt;tk}Rk ❑ Installation authorized ❑ Information Insufficient Reviewed By: Title: 7 • • CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD The Security Title Guaranty Co. TITLE INSURANCE or ABSTRACT 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: Part of the SW1/4 of Section 5, Township 6 North, Range 65 West of the 6th P.M. , County of Weld, State of Colorado. ( See attached deed) CONVEYANCES (if none appear, so state): • Reception No. 2490195 ,Book 1546 • Reception No. 2461388 ,Book 1516 . Reception No. 2200778 ,Book 1251 • Reception No. 1572256 ,Book 650 Reception No. ,Book Reception No. ,Book Reception No. ,Book Reception No. ,Book The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be constructed as an Abstract of Title nor an opinion of Title, nor a guarantee Title and the liability of Security Title Guaranty Co. COMPANY, is hereby limited to the fee paid for this Certificate. In Witness Whereof, Security Title Guaranty Co. COMPANY, has caused this certificate to be signed by its proper officer this 4th day of March , 2002 , ` 11:00AM Security Title Guaranty Co. 3690 W. 10th St.,2nd Floor Greeley,CO 80634 (970)356-3200 • FAX(970)356-4912 Toll Free: 1-888-825-3215 By: r � Authorized Signature • WARRANTY DEED £ m THIS DEED, Made'this 7th day of May, 1996 between mom, S. Gale Moody o v: of the County of Boulder and W State of Colorado, grantor, and C. o• Donald O. Magnuson and Jeanette R. Magnuson O44 whose legal address is 404 Cottonwood, Eaton, Colorado 80615 031 co o£ the County of Weld and State of Colorado, grantees: 'P o WITNESS that the grantor for and in consideration of the sum of POUR HUNDRED TWENTY K U THOUSAND AND 00/100, ($420,000.00) Dollars, the receipt and sufficiency of which is s-o hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantees, their heirs and g assigns forever, not in tenancy in common but in JOINT TENANCY, all real property, °�together with improvements, if any, situate, lying and being in the County of Weld v o and State of Colorado, described as follows: p.a m .. O SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF also known by street and number as vacant land, , Colorado 1-i I' TOGETHER with all and singular the hereditament° and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and O 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 hereditament° 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, for 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 r ensealing and delivery of these presents, he is well seized of the premises above ' n 'etc, conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in o law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, N 5z assessments, encumbrances and restrictions of whatever kind or nature soever, except ?5- 5 general taxes for 1996 and subsequent years: except easements, restrictions, o covenants, conditions, reservations and rights of way of record, if any; except Deed of Trust in favor of First National Bank, Custodian for the benefit of Charles T. Collopy I.R.A. to secure $125,000.00 dated December 14, 1995, recorded December 22, 1995 in Book 1524 as Reception No. 2468828 which grantee(s) are not assuming and the liability remains the responsibility of the grantor; The grantor shall and will WARRANT AND FOREVER DEPEND the above-bargained premises in the quiet and peaceable possession 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 grantor has executed this deed on the date set forth above. CroOo ^ .Moody bl��.uH r J. Sale N.00dy by Timothy Hasler as his attorney-in-fact STATE OF COLORADO ] ss. The foregoing instrument was acknowledged before me County of Larimer } this 7th day of May, 1996 by Timothy W. Hasler as attorney-in-fact for J. Cale Moody t'" Witness my hand and official sek*F, 'My commission expires Novembet210 1 rte '.. CO�Q _ u , ,I- ,[,� ,,� �\ C NOTARY PUBLIC 1 ' o m a, 1. at. Er"1 No. 921A. Rev. ]-95 ,,,.,,,, Description: Weld,CO Document-YearpocID 1996.2490195 Page: 1 of 2 - Order. magnuson Comment: 2490195 B-1546 P-824 05/09/96 04:OOP PG 2 OF 2 EXHIBITJ. GALE )�AND DONALD ED TO AND 0 DE A PART OF THE WARRANTY DEED BETWMAGN➢SON AND JEANET R. MAGNUSON ((""GRANTEES" MOODY ("GRANTOR"" ) LEGAL DESCRIPTION PARCEL 1: The SWl/4 of Section Weld,5, Township of Colorado, North, Range 65 West of the 6th P.M., County of EXCEPT a parcel of land as conveyed by instrument recorded in Book 530 as Reception No. 1451543, described as follows: A ct of land located in the Sw1/4 of Section 5, Township 6 North, Range 65 West of the 6th P.M., more particularly described as follows: Considering the West line of said Section 5 as bearing North 00° East and, Beginning at the West Quarter corner of said Section 5, thence South 88°04' East 858.60 feet, thence South 00° East 00164.00° feet, thence North tB West t 858.60 feet, thence North East 164.00 feet to the Point of Beginning. EXCEPT a parcel of land conveyed in warranty Deed recorded October 27, 1995, in Book 1516 as Reception No. 2461391. EXCEPT a parcel of land conveyed in Warranty Deed recorded November 29, 1995, in Book 1520 as Reception No. 2465548. EXCEPT a parcel of land conveyed in Warranty Deed recorded January 10, 1996, in Book 1526 as Reception No. 2471338. PARCEL 2: Part of the Wl/2 of the SE1/4 of Section 5, Township 6 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: Beginning at the Southeast corner of Section 5, Township 6 North Range 65 West of the 6th P.M., and assuming the So thl ine l otherof Section 5 to bear North 85°39'02" Went, and wit bearings contained herein relative thereto: thence North 8 °39'O9' West 1593.72 feet to the True Pont of Beginning; thence th'nc" orth h 02°25'09• West 660.00 feet; hence South 298.32 feet; thence North 00°03'29" West 2118.81 feet; thence North 87°11'31" West 1323.30 feet; thence South 00"07.03' East 2740.72 feet; thence South 85°39'09" East 1051.66 feet to the True Point of Beginning. (Vacant land, no street address assigned) TOGETHER WITH three (3) shares o f r ehe of catpital castostock alof stock The Latimer The For Weld eld Irrigation Company, Lateral Company, four (4)and four shares the capital stock of Gale or Lateral Company; and TOGETHER WITH all rights, title, and interest of Grantor in and to the following: 1. The easement and irrigation well reserved by Grantor in that certain Warranty Deed in which Grantor was grantor and Donald 995, a in ymond Dent and nd Barbara Anne Dent were grantees, recorded October 27, Reception No. 2461391 of the Weld County, Colorado ds. Said irri irrigation well is known as the Bouslog Pumping Plant, 0312 S.W. and shall include all rights, title, and and interest of Grantor in and to existing pumps, motors, pipelines, and other irrigation equipment relating to said wall as reserved by Grantor in the above-described Warranty Deed. existin i eline, and any related equipment 2. The easement, 9 pip reserved by Grantor in that certain warranty Deed in which Grantor was grantor irley M.and Colleen iledo a Dierks, 9H95, d D. Martin,in Book 1520 asdReception No.artin 2465548 re of 9 the Weld recorded November 29, 1995, County, Colorado records. Description: We!d,CO Document-Year.DociD 1996.2490195 Page: 2 of 2 - Order magnuson Comment • • 2461388 B-1516-p-1567 10/27/95 03:20P PG 1 OF 2 REC pOC. AR2V613B8 Weld County CO Clerk & Recorder 11.00 98.50 WARRANTY DEED Grantor, I.A. BOOTH & SON, INC., also known as I.R. Boothe & Inc., a Colorado corporation, and BOOTH LAND AND LIVESTOCK COMPANY, a Colorado General Partnership, whose address is 33071 Highway 85, P. O. Box 72, Lucerne, County of Weld, State of Colorado, for the consideration o₹ other valid consideration and Ten Dollars, in hand paid, hereby sells) and convey(s) to J. Gale Moody, whose legal address is 11021 Yellowstone Road, Longmont, Colorado 90501, County of Boulder, and State of Colorado, the following real property in the County of Weld, and State of Colorado, to wit: Description of property on Exhibit "A" attached hereto and by reference incorporated herein; also known by street and number as 20514 Weld County Road 78, Eaton, Colorado, and 35190 Weld County Road 39, Baton, Colorado, with all its appurtenances, and warrants the title to the same, subject to all mineral reservations and conveyances, patent reservations, oil and gas leases, and easements and rights of way of record; easements and rights of way established by use; all other exceptions and reservations of record; and 1995 real property taxes. Signed this 24th day of October, 1995. I. R. BOOTH & SON, INC., a/k/a I. R. BOOTHS & INC., 1` a Colorado Corporation -c)C Ci\1. By ATTEST: Gary S. Boot, President A � u B C. C / rk C. Booth, Secret ary (1 p ` BOOTH LAND AND LIVESTOCK COMPANY, v'd ' a Colorado General Partnership By: Booth Brothers Land and Livestock Company, a Colorado U ri, y r1 .' General Partnership, Its Partner tkx By (--A6 Gary S. th, Partner '/ By Mar C. Booth, Partner A STATE OF COLORADO 1 1 99. COUNTY OP LARIMER The foregoing instrument was acknowledged before me this 24th day of October, 1995, by Gary S. Booth and Mark C. Booth, President and Secretary. respectively, of I. R. BOOTH & SON, INC., a/k/a I. R. Boothe & Inc., a Colorado corporation. _ +>`• - my hand and official seal i ?. \�. It �� G f/tH 6gei -- j OARELLA L, - ' Notary Public i Blom; i AcommissiotO•'.ices: ///G. ! / r4�lE OF.COt�II�p STATB'OR "LORADO as: COUNTY OF LARIMER The foregoing instrument was acknowledged before me this 34th day o₹ October, 1995, by Gary S. Booth and Mark C. Booth, Partners of Booth Brothers Land and Livestock Company, a Colorado General Partnership, Partner of BOOTH LAND AND LIVESTOCK COMPANY, a Colorado General Partnership. „Sitnaae my hand and official seal. !�1A RVP4\.0 Notary Pub1 c/ i/ I• /Jig / OABELLA L! cn Mel earn irea: .a Z fit. O FoF c'ev Description: Weld,CO Document-Year.DocID 1995.2461388 Page: 1 of 2- Order magnuson Comment: 2461388 B-1516 P-1567 10/27/95 03:20P PG 2 OF 2 EXHIBIT "A" BOOTH LAND AND LIVESTOCK COMPANY: PARCEL 1: The Swl/4 of Section 5, Township 6 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado, EXCEPT a parcel of land as conveyed by instrument recorded in Book 530 as Reception No. 1451543, described as follows: A tract of land located in the SW1/4 of Section 5, Township 6 North, Range 65 West of the 6th P.M., more particularly described as follows: Considering the West line of said Section 5 as bearing North 00• East and, Beginning at the West quarter corner of said Section 5, thence South 88°04' East 858.60 feet, thence South 00° East 164.00 feet, thence North BB°04' West 858.60 feet, thence North 00° Bast 164.00 feet to the Point of Beginning. PARCEL 2: Part of the W1/2 of the SE1/4 of Section 5, Township 6 North, Range 65 West of the 6th P.H .. County of Weld, State of Colorado, being-more particularly described as follows: Beginning at the Southeast corner of Section 5, Township 6 North, Range 65 West of the 6th P.M., and assuming the South line of said Section 5 to bear North 85°39.02" West, and with all other bearings contained herein relative thereto: thence North 85°39'09" West 1593.72 feet to the True Point of Beginning; thence North 02°25.09" West 660.00 feet; thence South 85°39'09" East 298.32 feet; thence North 00°03'29" West 2118.81 feet; thence North 87°11'31" West 1323.30 feet; thence South 00"07'03" East 2140.72 feet; thence South 85°39'09" East 1051.66 feet to the True Point of Beginning. TOGETHER WITH eight (8) shares of the capital stock of The Larimer & Weld Reservoir Co.; four (4) shares of the capital stock of The Larimer & weld Irrigation Company; four (4) shares of the capital stock of For Par Lateral Company; four (4) shares of the capital stock of Gale Lateral Company; one (1) irrigation well, Permit No. 312RD; together with any non-adjudicated wells located on the above-described property; together with two (2) wastewater return ponds, one (1) North Weld County Water District water tap; and together with all rights, title, and interest of Grantor in and to the Boualog Pumping Plant and the appropriation of water therefor as established by Decree of Court, copy of which is of record in Book 1371, Page 546 of the Weld County Records. I.R. BOOTH & SON, INC.: PARCEL 1: The E1/2 of the NEI/4 of Section 28, Township 7 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. ALSO Lots A and B of Recorded Exemption No. 0709-28-1-RE1797, recorded October 19, 1995, in Book 1516 as Reception No. 2460176, described as follows: The W1/2 of the NE1/4 of Section 28, Township 7 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. EXCEPTING THEREFROM a parcel of land conveyed by Deed recorded December 30, 1935, in Book 986 at Page 580. TOGETHER WITH all rights, title, and interest of Grantors in and to water rights, irrigation wells, and related improvements of whatever kind or nature, associated with said Lot B, including, but not limited to. the Bass Pumping System No. 1 as adjudicated by Decree of the Larimer County District Court in Civil Action No. 11217, September 10, 1953 (but excluding any water rights which are evidenced by shares of stock in mutual ditch companies) . MINERAL RESERVATION: Applicable to both I.R. Booth & Son, Inc. and Booth Land and Livestock Company properties: Reserving, however, unto Grantors an undivided one-half (1/2) interest in and to all oil, gas, and other minerals owned by Grantors on the date of execution of this Warranty Deed; together with the right of ingress and egress for the exploration, development, and production of such minerals. This reservation shall specifically include fifty percent (50%) of the reversionary interest of Grantors arising from Deed recorded in Book 1290, Page 386 of the records of the Clerk and Recorder's Office of Weld County, Colorado. The reservation of this paragraph shall not apply to sand and gravel. Description: Weld,CO Document-Year.DocID 1995.2461388 Page: 2 of 2- Order magnuson Comment: ARdP80778 — O F 1946 MARY ANN O 12/20/89 4 ERSTEIN CLERK & RECORDER ECM CO, � • WARRANTY DEED Gnmtortsl. I. R. BOOTH EQUIPMENT COMPANY whose address is P. 0. Box 72, Lucerne, CO 80646 `County of Weld ,State of Colorado .for the consideration of other valuable consideration and Ten and 00/100 dollars.in hand paid.hereby stilts) and convey(%)to BOOTH LAND AND LIVESTOCK COMPANY whose legal address is P. O. Box 72, Lucerne, CO 80646 County of Weld ,and State of Colorado the following real property in the County of Weld .and State of 1. Colorado,to wit: Property described on Exhibit "h", hereto attached and by reference incorporated herein. • Together with all buildings. structures, other improvements, appurtenances and rights appurtenant thereto; all water and water rights, ditch and ditch rights, reservoir and reservoir rights appurtenant to or used in connection with said property, ii also known by street and number as with all its appurtenances.and warrantlsl the title to the same,subject to 1989 real property taxes, exceptions and reservations of record. Signed this /3d' day of an/•vr4't ,l9 17 _�' ! •N' OMP B rank C. Booth), President • STATE OF COWRAOO, County of 16/ed 'fllp1ofdgoing inasfument was acknowledged before me this /139-4day of pile-►1'- .191/ , IMIt` t® l'' JQr''Boot:h, as President of I. R. Booth Equipment Company, a Qoior 4g.tprpo>fatTion. M)',cop,itistokaxpires 9r,, . Witness my hand and official seal. 'If in 13 nven iron-city And No.OW.Rev.'24$. WWRRAN11 DEED IRa"t Nm! &Nford&t4olund.:143 Watt A.,Dow.CO80202-M 3)292.1100-t.59 Description: Weid,CO Document-YearpociD 1989.2200778 Page: 1 of 2 - Order magnuson Comment: • _ B 1251 REC 022078 12/20/89 14:09 a 10.0 '' 2/002 F 1947 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "A" The Southwest Quarter (SW1/4) of Section Five (5) , Township Six (6) North, Range Sixty-five (65) West of the 6th P.M. , County of Weld, State of Colorado, EXCEPT parcel of land as conveyed by instrument recorded in Book 530 under Reception No. 1451543, Weld County Records, described as follows: A tract of land located in the SWI/4 of section 5, Township 6 North, Range 65 West of the 6th P.M. , more particularly described as follows: Considering the West Line of said section 5 as bearing North 0 Degrees East and Beginning at the West Quarter Corner (W1/4 Cor) of said Section 5; thence South 88 Degrees 04' East, 858.60 feet; thence South 0 Degrees East, 164.00 feet; thence North 88 Degrees 04' West, 858.60 feet; thence North 0 Degrees East, 164.00 feet to the Point of Beginning. Part of the West Half of the Southeast Quarter (wl/2 SEI/4) of Section Five (5) , Township Six (6) North, Range Sixty-five 165) West of the 6th P.M. , county of Weld, State of Colorado, being more particularly described as follows: Beginning at the Southeast Corner (SE Cor) of Section 5, Township 6 North, Range 65 West of the 6th P.M., and assuming the South Line of said Section 5 to bear North 85 Degrees 39' 09" West, and with all other bearings contained herein relative thereto; thence North 85 Degrees 39' 09" West, 1593.72 feet to the True Point of Beginning; thence North 02 Degrees 25' 09" West, 660.00 feet; thence South 85 Degrees 39' 09" East, 298.32 feet; thence North 00 Degrees 03' 29" West, 2118.81 feet; thence North 87 Degrees 11' 31" west, 1323.30 feet; thence South 00 Degrees 07' 03" East, 2740.72 feet; thence South 85 Degrees 39' 09" East, 1051.56 feet to the True Point of Beginning. Description: Weld,CO Document-YearpoclD 1989.2200778 Page: 2 of 2 - Order. magnuson Comment: -- 4 r --x I. . _- .•-. ... 1 f 'a � . - .. .. - . ., , , ..f1 ' �i • ,1 } 1 � ' . • T-fi - '. .. 4 rf::-.4 ,°+,..;-€�4i' .14. a v .. . • v �• Mtn ALL IS BY TEEM PESDIETE,,that ' ' et i /;, @@ a �_ i,Qtt 4yGLv` ,' 6' . LOIS,'N. ssomr, EQCQLESOR T1�8TZZ oP TEE TRUST - '` 3' . , EETABLIENED BY.TRE.LAET' WILL ASV rssriooarr OP aE '� • .. NINA A. !OVERDO, DECEASED, _ -- R do for *thaw tamable consideration and Ten Dollars. in hand paid. _ t1-.1 ,? qw- hereby sells and conveys to N I. R. BOOTS EQnitionT COMPANl,•a Colorado corporation tim ,foci o whose address is Anit, Weld County. Colorado, the following real " property in the County of Weld and State of Colorado, to-wits l , The Phi of Section 5, township free the y Range above 65 :4 .-- -i.: !West of the 6th P.M. excepting a3 acres, . ,1 .wt described land that parcel containing la..,;.. r` . 1 44,4 e4 more or less, conveyed t0 the Sawa of Raton by Rine A. Develop by deed recorded in Rode 530, 4 '�`': e.Aer Reception so, 1451453 of the Weld County l '':'-'+:H,','7,-:-:.-^.•,'' '... ,7:1 `` cords, together with 4 shares of the capital s� steak of The !skitter and weld Irrigetise Company, 'rrt R " Wy'tie S o&arts of Give capital stock of Tee Lames: and f r • w` r Weld Btaonvir Company, 4 share* of the capital. ntoo< ^' r ej `` \ ^»,� y y: '' 'rye o£ The RIndsvr Reservoir and Cereal Ceepauyr 4 elerra ' ,. ^`<r 1+K^• -,. ' f'' `. i of tPs capital stock of Tbz for ear Lateral Company a4. � ti 4 w and d aLa-wa of the a�.Pltal stoat, of The rs_te a+::dcui 3 i a the las -M r.•..y.fie Plant end, thin -, 1 I t „iM,ii fffFFF rx Ill!: Zt a tcpria.,r.oz of toter therefor erg ettseeliehed bg . r « 1. 4e: k ' :-tree -t` �rrct, copy of wral7b is of *wooed LI ,:oak r . rr;r.- tea` , r o" 1.3^,1, past far.; of the Weld County Retraedc. •:4;14itt `x, h•,«A"� -. ye);^ y a:• TO RAVE 4ND 10 NOVO the r� sale the Grer .bs bereft,. and . �.' • the grantor cameneta vith the ntantoe its meets:snots led tesi4na ,,yy��,,c teat Cr atcr late in all seep-acts tote Otrtjr is! tti'.', f.,rla'. °cn" ar,:l profl- i 'Y` ;e.t.a.-24o./ 1 t^''' tints of the Lent Will ono ,esta.er•t of t4ira A. fott oq. aomeused 3+ , .j.,,",, ,, s a 3. c and Kith tto 1sn in such ease rods rah provided, co!Werl.n; Ulto ...4,,,,,,.:4--'.-1:t-'4:11te . ,. the Grantee herein all the rispt, title. interest and estate whiCh ` Nina A. nousleg had in the above described property Burind her ° lifetlpe and at the time of her death. said sale and conveyance v � being expressly sebject to ..acres for the year 1971 payable 1.n 1972 F " and to reservations, exceptions contained in United states Patent. o rights of u.:, led easements created by instrunanta of record or ,� =�'-• ? ' establishedthe premise•, any tax or eseesseelts by reason of `' 't o on that inclusion `=Sthtn the wuadarici of the Northern Colorado Water et Conuervancy District, West Greeley Soil Conservation District, District, __ _ Eaten Fire Protection District and North Weld County Waterf the Peard . lam. — =Min- and other _gulatiena adopted gas �.; io lease of s re orded inCoowiss oneri of Wild Book626 under ReceptionNo.Colorado,549930 and the weld ��yt'�, , b f 1. F N county Records, and rights of the tenant now in poosession. a, ' ''- g This deed in made, executed and delivered by the CreAtor' ;• - pursuant to the powers vested in bar by the provisions of item - —• '^ r''" SEVENTH (a) of the Last Will.and Testament of Nina A. Bouslog, `m4• }jYJ;j$Jy tom.._. l..•: ; r a. 4_ f f' .- es++l ; ..i f;.tr.r if - . z` c b x f l"i I A , • Y 1 •. `t,'t �*, 1!-; ','C'k }1` y� `-w r•} t %d9' 1-, , y i x . I. tT, l r .,arSs s aY10E: YbB�sY !s 14--t 3sar4ur ga wym�. FM _ 7 ; ' ;y^ v r r 1971. oL._ r ....II signed tide 19 - ear of July, t y, "F'l eor _�..'o ,r4 3 :�.^.a'""._. �_�...ifters.a . •ft^ tale a+?-3 of Nisei A. Bosslog, taliaranal s1 t ,. ,i 4 - �„ • -i snit or CALCA11Zb !P. � �-'n} , ` + k•-r �"v cement a into 1 3 •* ,. ka�wi. 44'. tom` 42_14 � ,..1 • •, ,, :ems *tin t xp t4 .Td,r T�f, - ', i*n fan^.dn9 i'aat:snnc war. ado-kwltalc ',t 6 �i day of Sa1y, 1774, by 71X5 'i. k�?AtU.2 2.�'""1 t-� ----.•czD R'J'182,0..', Lk ' F� ; S? ' 'S..E1. CiED D\ TIE LA*+T BILL 4 �e K b ,�4-7 - �'l' r � DEt- asas rift 'turd rrs_. c:'S nd.*l • 51 .•. *' �ycc,;, 4 .' 'y d,.p�•t;..dai nztirga . . ,.Yy(� ail�'h",fYt• 710- i .rA1/ r, I 01 S?;._ .`j 0:1 r j _-•asf .iy f�uctZ?mac: • t'Q - i r i j 211434 #. a aft qre r t- w �+ -r t fi 2.eqtp Lc it SUS ` T i . I a 7 - ,t-_._ — .Fr } 'v Y •6 1 t . muorw�. • BOARD OF DIRECTORS NORTH WELD COUNTY WATER DISTRICT GARY SIMPSON 33247 HIGHWAY 85 • LUCERNE, CO 80646 ROBERTARNBRECHT CHARLES ACHZIGER 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 March 11, 2002 Don Magnuson 33040 Railroad Ave. P.O. Box 104 Lucerne, CO 80646 This letter is in response to your inquiry regarding water service to the following described property, Approximately 19411 WCR 72, in a portion of the S %z of Section 5, T6N, R65W of the 6t"Prime Meridian 1. 2. North Weld County Water District is able and intends to provide two (2) additional water services to the above mentioned property,provided all requirements of the District are satisfied. Before a water tap may be purchased,the applicant must provide a copy of a Warranty Deed, a Physical Address and this letter. The applicant must also bring a copy of a surveyed plat of the property if there is a recorded exemption. If contracts have not been completed with North Weld County Water District within one year from the date of this letter,this letter shall become null and void. The Tap Fees quoted below,shall be valid for ten(10)business days from the date the applicant receives this letter. After ten days,the costs will be subject to the current cost established by the District. TAP FEES INSTALLATION COST ESTIMATE Raw Water for an Acre-Foot Unit(AFU) $10,000 Meter Set/Bore Base Portion of Plant Investment Fee $6,000 Range: $600 to $1,200 Distance Portion of Plant Investment Fee $4,000 At Cost TBD TOTAL Up-Front COSTS $20,000 + Meter Set After the water tap has been purchased(Raw Water AFU&Plant Investment Fee)the applicant has one year in which to have the meter set. The District requires 45 days prior notice to setting a meter. If the meter has not been set within one year from the purchase of such meter, the District shall refund the applicant 75% of the purchase price that was paid by the applicant. Water tap/service shall be placed on the physical property, defined by a legal description. In case of a Recorded Exemption,the water tap shall only serve the parcel that the water tap is located on. Service shall NOT cross the legal description of one parcel to serve the other parcel. The District recommends that anticipated water usage be purchased through the District. The District guarantees treatment and delivery of water purchased. All rental water and water that is delivered with surcharge is subject to water availability and will be issued on a first come-first serve basis and is not guaranteed to be available. The District requires that 1 Acre-Foot Unit(AFU)is purchased. With 1 AFU purchased any usage beyond 228,000 gallons will be in surcharge. The Plant Investment Fee shown above pays for the infrastructure required to deliver I AFU(228,000 gallons). If usage exceeds the number of Plant Investments that were purchased, an additional surcharge will be applied to your account. Plant Investments may be purchased to increase the amount of water to be delivered and avoid the surcharge. z retie Alan Overton North Weld County Water District P:\Legal Documents\Letter of Intent\2002\MagnusonDon(03-I I-02).doc Permits on SLIC: • tZ , 7yZ�33 110v :: v.r ,- - Date: -7*-z5 From: ' bl,15 c, , T'‘2uStr To: I, 2. • t5c7tAt4 L_NutyMe- rr Legal Description: w,, 4 S r t N - , Date: II From: 1 , a Proms t-PAJ1+' To: Wto- ►-1 :1\11.74 iA Legal Description: 4 5 {� U5 ', _...._.. -_ %lel. `t 4 �-- Date: ;) 1'? a From: 10)v+-\ ' t `�� i1`/F �';�;,�. To: , , 7:. :-., Legal Description: y'r H 5t- 4 4 Zvi '1- 5 //,rte- ;yr %' 1 1 Date: vj 1,` From: tr. v- To:r;•lVAavSvN • Legal Description: :517. 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