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Bruce Johnson AMRE-3337 Planner: SL Legal Description: Lot B RE-3337; being part S2 SW4 Section 9, T7N, R65W of the 6th P.M., Weld I County, Colorado Parcel ID#: 0709 09 000005 Lot C Size: N/A Lot B Size: 75.2+/- acres Lot A Size: n/a Water Source:nrt Well mm ISewer 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 uset;. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-80 of the Weld County Code. X 6. Provides for adequ to protection of the health, safety, ct6y welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40.B.1 through 24-8-40.8.6 of the Weld Count/Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the poiicies of Weld County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.)regulations. 2. The Applicant has proposed a well as the source of adequate water for Lot B. Property owners are advised that the quantity of water available for usage may be limited to specific uses, i.e.,"Domestic Use Only,"etc. Because each situation is unique, the Department of Planning Services encourages property owners to contact the Office of the State Engineer, Division of Water Resources (1313 Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866-3581), to discuss each individual situation. , 00d-33 57 AVE 3331 3. Prior to recording the plat: A. The plat shall designate the building envelope as approved by Recorded Exemption 3337 B. The plat shall be titled:Amended Recorded Exemption No. 0709-09-3 AMRE-3337 C. 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. D. All approved accesses shall be clearly shown on the plat.The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe(CMP)is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. E. Weld County Road 41 is designated on the Weld County Transportation Plan Map as a section line access. This road is NOT maintained by Weld County. F. State Highway 14 requires 200 feet right-of-way at full build out.A total of 100 feet from the centerline of State Highway 14 shall be delineated right-of-way on the plat. G. 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 zo',inc and building permits. 3) All structures requiring building permits shall be located within the designated building envelope. 4) All construction or improvements occurring in the flood plain as delineated on Federal Emergency Management Agency FIRM Community Panel Map 0802660480 C dated September 28, 1982, shall comply with the Flood Hazard Overlay District requirements of Chapter 23, Article v, Division 3 of the Weld County Code. 5) The installation of any septic system within the 100-year flood plain shall comply with the Weld County I.S.D.S.flood plain policy.In accordance with the State of Colorado I.S.D.S. Regulations, no septic system shall be installed with in the floodway. 6) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Amended Recorded Exemption number. 7) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot B has an adequate water supply of sufficient quality, quantity and dependability. 8) Potential purchasers should be aware that Lot B may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. 9) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically there after. 10) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non- buildable if the lot owner is unable to obtain a well permit.The State Division of Water Resources issues all well permits. 11) Prior to the release of bui!ding 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. 12) 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. 13) Any disturbance of wetlands shall require the applicant to contact the Army Corps of Engineers for permits pursuant to Section 404 of the Clean Water Act. 14) Potential Purchasers are hereby notified that a confined animal feeding operation is located directly east of the intersection of Weld County Roads SH 14 and WCR 43. Off-site impacts that may be encountered include noise from trucks, tractors and equipment; dust from animal pens and odors from animal confinement, silage, and manure. 15) 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 ail 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 Departme n}of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exempiion. 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(,Croup 4).(Group 6 isnot acceptable). This digital file may be sent to maps(a�co.weld.co.us. 6. The Weld County Department of Planning Staff's approval of this Amended 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 Ili/ 4h/f/'�-4/l,/1 Date September 11, 2002 Sheri Lockman Planner II Plat Checklist POC Planner Item Comments Check Check Proper size and material 24"x 36"or 18"x 24"/Minimum 3 millimeter polyester sheet Lettering No stick-on lettering / Minimum 8 pt. lettering Gam_ Boundaries of Lots Scale Suitable Scale?(1"=200'or 1"=100') Accesses indicated Shared Access?If so,is easement Certificate included? Roads labeled,including R.O.W Building Envelope(s) ✓ _ Vicinity Map Suitable Scale?(Minimum 1"=2000') North Arrow Legal Description Notes from Planner/ Development Standards Conditions of Approval Owner's Certificate Notarial Certificate included?All owners must sign the plat, ✓ check the deed. Surveyor's Certificate and All surveyed plats Surveyor's Stamp Note:USR plats do not need to be surveyed Director of Planning Notarial Certificate included?(RE, SE,SPR,Final PUD if 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 1-- Please return the plat to the CAD Technician within 24 hours of receiving the plat. Planner on Call: ��—(Initials) jr/Planner Signature: - 4'l/(/VL' �� Date: WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 1555 N . 17TH AVENUE GREELEY, CO 80631 PHONE (970) 353-6100, EXT. 3540 - FAX (970) 304-6498 DATE: Z ' 20 RECEIPT 08847 RECEIVED FROM : NO. TYPE FEES 4221 - RE/SE 4221 - ZPMH 4221 - USR 4221 - SITE PLAN REVIEW 4221 - COZ 4221 - PUD 4221 - SUBDIVISION 4221 - BOA 4221 - FHDP/GHDP 4430 - MAPS/PUBLICATIONS 4430 - POSTAGE 4430 - COPIES 4730 - INVESTIGATION FEE 6560 - RECORDING FEE MISC. f 1 ❑ CASH ❑ CHECK NO: TOTAL BY: WHITE - CUSTOMER CANARY - FINANCE PINK - FILE WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 1555 N . 17TH AVENUE GREELEY, CO 80631 PHONE (970) 353-6100, EXT. 3540 - FAX (970) 304-6498 DATE: 20 RECEIPT 8 9 1 4 RECEIVED FROM : NO. TYPE FEES 4221 - RE/SE 4221 - ZPMH 4221 - USR 4221 - SITE PLAN REVIEW 4221 - COZ 4221 - PUD 4221 - SUBDIVISION 4221 - BOA 4221 - FHDP/GHDP 4430 - MAPS/PUBLICATIONS 4430 - POSTAGE 4430 - COPIES 4730 - INVESTIGATION FEE 6560 - RECORDING FEE 1 _,c_` - :; 7 misc. ❑ CASH ❑ CHECK NO: TOTAL BY: WHITE - CUSTOMER CANARY - FINANCE PINK - FILE ‘1; "" DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue Greeley, CO 80631 Phone(970) 353-6100, Ext. 3540 Fax (970) 304-6498 Ilk COLORADO August 30, 2002 Dennis L. Schulte &A. Bruce Johnson 801 8h Street suite 220-I Greeley, CO 80631 Subject: AmRE-3337 A Recorded Exemption located on a parcel of land described as Lot B of RE-3337; being the S2 SW4 of Section 9, T7N, R65W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria or if staff has concerns with the application, staff may elect to forward the application for review to the Board of County Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. If you have any questions concerning this matter, please call me. Sincerely, 4 Sheri Lockman Planner Wi�DC. APPLICATION FLOW SHEET COLORADO APPLICANT: Dennis L. Schulte &A. Bruce Johnson CASE#: AMRE-3337 REQUEST: Recorded Exemption LEGAL: Lot B RE-3337 being the S2 SW4 Sec. 9,T7N, R65W of the 6th P.M.,Weld County, CO LOCATION: East of and adjacent to Weld County Road 41 and north of and adjacent to State Highway 14 PARCEL ID#: 0709 09 000005 ACRES: 75.2 +/- Date By Application Received Aug. 28 2002 Application Completed Aug. 29, 2002 SL Referrals listed Aug. 29, 2002 SL Design Review Meeting (PUD) File assembled 9. cm'02. AA Letter to applicant mailed 9 . 03 . 02.- M Vicinity map prepared Referrals mailed 9. C3 ,o2, OM Chaindexed .9 ,O'5. Field check by DPS staff Administrative Review decision:_at 1 j 9/(0(0 Z 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 773 -ate Overlay Districts Zoning Agricultural MUD Yes No_x IGA Yes Nox_ Airport Yes No_x_ Geologic Yes No_x_ Flood Hazard Yes x_ No Panel#080266 0480 C Road Impact Yes No_x_ SW Weld 1 2 3 Windsor ?ARTMENT OF PLANNING SERVICES 1 ) N. 17th Avenue, Greeley, Colorado 80( Phone- 970)353-6100, Ext. 3540 -Fax# (970) 30-,-d498 • APPLICATION FOR RECORDED EXEMPTION (AMENDED) Application Fee Receipt Number Case Number Recording Fee Receipt Number Zoning District Application Checked By Planner Assigned to Case TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures). I (we), the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners. Lot B of RE No. 0709-9-3-RE 3337 of Legal Description:S 2 SW1 of Sec.9 , TWP7N, Total Acreage: 75 . 2± Zoning Ag Rg. 65W Parcel Number: 0 7 0 9 0 9 0 0 0 0 0 5 (12 digit number-found on Tax I.D. Information or obtained at the Assessor's Office). NOTE: New # for Lot B of RE-3337 has not been given. Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No X Note this Lot B was concurrently divided Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes No X also own Lot A and all of RE 3319 Does the parcel of land under consideration lie in any of the following Overlay Districts? Flood Hazard: Yes X No_;Airport: Yes_ No X ; Geological Hazard: Yes_ No X FEE OWNERS OF PROPERTY **Name:Dennis L. Schulte & Home Phone# Work Phone# 356-6110 A. Bruce Johnson Address: 801 8th Street, #220 City/State/Zip Code Greeley, CO 80631 **ApplicantorAuthorizedAgent: Bruce Johnson Phone#356-6110/Fax#351-8761 Address: 801 8th Street, #220 City/State/Zip Code Greeley, CO 80631-3900 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 Domestic Well N/A Type of Sewer Proposed ISDS N/A Proposed Use Irrigated Farmland N/A Acreage 74. 3 N/A Existing Dwellings Yes or No No Existing Dwellings Address (if applicable):None 0 ≤ �� / ` 'r/ ) Of' .F3 Larger Parcel None �SmallerParcelN/A - change only Smaller Parcel(applicable ontyfor 3-lot Recorded Exemption) I hereby state that all statements, proposals, or plans submitted with this applicatio ar ue and correct to the best of my knowledge. v: 1/3/01 Signature: r or Aut rized Agent A. Bruc Johnson 6 August 26, 2002 Department of Planning Services 1400 N. 17th Avenue Greeley, Colorado 80631 TO WHOM IT MAY CONCERN: Please send all correspondence with applicant to: A. Bruce Johnson 801 8th Street, Suite 220-I Greeley, CO 80631 who is the applicant in this matter. If you need any further information, I will try to accommodate your reasonable requests. 1. Attached is a completed application(plus two copies)for an ammended Recorded Exemption on property currently owned by Dennis L. Schulte and A. Bruce Johnson. Subject land is Lot B of RE-3337, being a part of S %2 SW 'A Section 9, Township 7 North, Range 65 West of the 6th P.M., Weld County, Colorado. 2. Included is the original completed Recorded Exemption Questionnaire(plus two copies). 3. Attached is an 8 %2"x 11" map showing the before and a separate map showing the after drawn to include the following items: a. Boundary of the property b. Boundaries of the lots showing the before and the after. c. North arrow d. All existing and proposed lots e. Name of existing roads or highways abutting the property f. Easement and/or rights of way g. Existing structures including: dwellings(NONE),mobile home(NONE), outbuildings (NONE), pens(NONE), irrigation ditches(YES), oil and gas well production facilities (NONE), irrigation waterflow. 4. Included is the original Weld County Road Access information sheet. 5. A copy of the deed identifying the applicant's interest in the property was included in the original application and is attached. 6. Domestic well permit for this property shall be issued when a well is needed. The state grants a domestic well permit if land is greater than 35 acres. 7. There is no existing home or operating septic system. A septic system permit will be required at such time a building permit is requested. Then the size of the house, number of people and bathrooms will be known. 8. The original Certificate of Conveyance form and attachments were included in the original packet. 9. A copy of the paid tax receipt was attached to the original packet. 10. A personal check for $180 from applicant is included as payment of the amended application fee as a joint fee for both RE 3319 and RE 3337 simultaneously submitted. 11. The $10 recorded exemption plat (mylar) recording fee will be submitted at the time the mylar is submitted for recording. The mylar will be prepared according to Section 11-7 of the Subdivision Ordinance. Thank you for your assistance in this matter. Sincerely, Dennis L. Schulte A. Bruce Jo on Attachments: Application Questionnaire Map Weld County Road Access Information Sheet Check for Application Fee AMENDED RECORDED EXEMPTION QUESTIONNAIRE 1. a. Domestic Water: The proposed Lot B, as amended qualifies for a 35 +Acre Domestic well which is not needed at the present time and therefore a well permit has not been submitted. b. Irrigation Water: Lot B as amended has been historically irrigated. All of the historic irrigation water will remain with the amended Lot B. 2. Sewage Disposal: Septic disposal systems approved by the Weld County Health Department will be required with the building permit for the amended lot B when applicable. Owner of that lot shall meet these requirements at the time of application. The soil is satisfactory for individual septic disposal systems. A septic permit is not appropriate at this time for the size of the house, its bedrooms, bathrooms, and number of people living therein are unknown. A statement on the recorded plat shall state that an ISDS is required with any building permit. 3. Present Use of Property: The existing Lot B has historically been an irrigated farm. The source of irrigation water is the Eaton Ditch and irrigation wells. 4. Reason for Proposed Amended Recorded Exemption: The primary reason for this application is that the applicant desires to locate his residence in the NE corner of Lot B of RE-3319 which is adjacent to the north. A legal access to Colorado Highway 14 is required by Weld County Department of Planning. This amendment excludes the 30 foot access along the east line of the S 1/2 SW'A. Thus Lot B of RE-3337 shall be reduced by 30 feet through this amendment process. 5. Description of Amended Lot: The Lot B, after amended, will be 74.3± acres or all of Lot B of RE-3337 less the 30 foot along the east side of the S '/z SW %4, which became part of amended RE-3319. 6. Unique Physical Characteristics: The property lies rather flat with irrigation water being provided. The property has historically been row irrigated. This property is 4 miles east of the town of Ault. A large portion of Lot B of RE-3337 is in a flood plain and therefore the NW corner of Lot B is ideal for a residence(building envelope). 7. Structure Compliance: There are no existing structures on either Lot B of RE-3319 or Lot B of RE-3337. Future structures must comply with Weld County setback and offset requirements for agriculturally zoned districts and building codes. The size and shape of the lots and the designated building envelopes allow for appropriate structure location. 8. Conservation Easement: The applicant does not believe a formal conservation easement on either parcel is appropriate for the agricultural zoned district. A change to other uses will require an application for such change and Weld County has approval/denial control at that time. Applicant cannot envision at this time why any use other than agricultural would occur. Thus agriculture(irrigated farming in this case)will continue. 9. Building Envelope: A building envelope is identified in NW corner of property. Because of the flood plain over a large portion of Lot B and the access along the west side, the subject location is the only site. 10. Comprehensive Plan: Weld County Comprehensive Plan is the applicable document. This amended recorded exemption application is the process allowable for exception to the Weld County Subdivision Ordinance when an approved subdivision is not present. This application is complete. It satisfies the application criteria. 11. Surrounding Land Use: The proposed uses of this application are compatible with existing land uses. Land to the south, north, west and east is irrigated farmland and rural residences. The amendment will not change any of this. The town of Ault is 4 miles west from subject property. The nearest rural residence, other than Lot A of RE-3319, is over 1/4 mile of subject property. Thus no significant additional impact.. 12. Agriculture District Intent: The agricultural district is intended to preserve prime farmland. This application requests that the existing road be added to Lot B of RE-3319 to provide access to Highway 14. This access removal does not affect the production of amended Lot B of this application. No farm land will be removed. It allows the low capability land(field road)to be used for a building envelope access. The irrigated farmland will continue to be the open space of the neighborhood. 13. Efficient and Orderly Development: a. This application through the amended recorded exemption process restricted development. The location of the building envelope has the least possible impact to the land; therefore,the most orderly and integrated development. b. This application promotes the health, safety and general welfare of the applicant and allows a desiring family to enjoy a rural residence in a safe location and access. Safe water and sewer and quality of life is granted while allowing the owner of Lot B of RE-3319 to remove a headache associated with access. c. This application is 4 miles east of the Town of Ault, the closest town. By the nature of this recorded exemption application, Weld County Planning is controlling the impact to productive farmland while allowing for rural residential demand. The town of Ault approved recorded exemptions RE-3319 and RE-3337. d. This application is not within the Town of Ault planning area. Applicant cooperated with Weld County and the Town of Ault during the approval process for RE-3319 and RD-3337 and has settled with the Eaton School District for their fee requirement as submitted evidence with the final mylars for RE-3319 and RE-3337. 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 and best protect the owner of Lot B of RE-3319. 1. The public is safe guarded by potable water, ISDS septic system, quality of life and the financial stability of the applicant, long term access and the generally better cared for property. g. This application complies in every detail to the very thorough recorded exemption and amended recorded exemption process of the subdivision regulations of Weld County. It provides a uniform procedure and standard for rural residences in agriculture-zoned areas. h. None of the applicants' land is wooded;therefore, fire related to wooded terrain is not applicable. i. This application maximizes the preservation of productive agricultural land. This Amended Recorded Exemption process has taken NO land out of production. j. The irrigation water historically associated with this farm is allocated to the historically irrigated lands on the amended Lot B. The existing delivery systems will remain intact. k. The historic vegetation patterns will remain for amended Lot B and future landscaping will enhance any future rural residence yard. Thus, the irrigated farmland will be maintained. [. The relatively flat surface will be maintained in normal irrigated farmland cultural practices in compliance with NCR office. The designated building envelope is also relatively flat and is adaptable to nearly any landscaping plan. m. The irrigated farmland tillage practices of crop residue and deep tillage on nearly flat land, maximizes flood control. The designated building envelope, is a part of amended Lot B and run off should not be any different than historic flow. The historic flow of irrigation or rain water will not be changed for amended Lot B. Amended Lot B is adjacent to Highway 14. Therefore, Highway 14 will not be effected any different than historically, all flow is toward the creek. n. The building envelope for amended Lot B has good soil type for building construction. o. The relatively flat terrain is not troubled with landslides or mudflows. There are no known geologic hazards. p. Space allocated for school and parks to serve this population is insignificant and not applicable. The open space nature of this application more then compensates. The school fee to Eaton School District has been paid and confirmation submitted with the RE-3319 and RE-3337 mylars. • . • Report Date: 05/13/2002 10:28AM WELD COUNTY TREASURER Page: 1 CERTIFICATE OF TAXES DUE CERT#: 11012 SCHEDULE NO:R0906586 ORDER NO: UO3.6519A02 ASSESSED TO: VENDOR NO: 9 TATEYAMA GEORGE M (1/3 INT)& SECURITY TITLE OF GREELEY - C/O GEORGE TATEYAMA 3690 W 10TH ST,2ND FLOOR 41518 COUNTY RD 43 .4. AULT,CO 80610 GREELEY CO 80634 LEGAL DESCRIPTION: 13971 S2SW4 9 7 65 (3R) PARCEL: 070909000005 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE • 2001 TAX 796.28 0.00 0.00 796.28 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 04/30/2002 0.00 ORIGINAL TAX BILLING FOR 2001 TAX DISTRICT 0224- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 20.559 196.34 AGRICULTURAL L 32,842 9,520 SCHOOL DIST RE2 47.368 452.36 AGRICULTURAL R 345 30 NCW WATER 1.000 9.55 NWC WATER 0.000 0.00 TOTAL 33,187 9,550 AULT FIRE 4.171 39.83 AIMS JUNIOR COL 6.620 . 63.22 WELD LIBRARY 3.249 31.03 WEST GREELEY SOIL 0.414 3.95 83.381 796.28-TAXES FOR 2001 • FEE FOR THIS CERTIFICATE 10.00 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES, CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISSIONERS,THE COUNTY CLERK,OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate account number,personal property taxes, transfer tax or misc.tax collected on behalf of other entities,special or local improvement district assessments or • mobile homes,unless specifically mentioned. I,the undersigned,do hereby certify that the entire amount of taxes due upon the abo-e described parcels of real roperty and all outstanding sales for unpaid taxes as shown by the records in my office from which t'.e ame may still be dee d with the amount required for redemption are as noted herein.In witness whereof,I have hereunto sr m hand and seal t 13th ay of May,2002, TREASURER,WELD COUNTY, DONALD D. MUELLER, BY P.O. Box 458 Greeley,CO 80632 (970) 353-3845 ext.3290 • REFERRAL LIST r'1 • �. NAME: Dennis L. Schulte&A. Bruce Johnson CASE NUMBER:AmRE-3337 REFERRALS SENT:August 30, 2002 REFERRALS TO BE RECEIVED BY: September 20, 2002 COUNTY TOWNS and CITIES Attorney Ault _X Health Department Brighton Extension Service Broomfield _Emergency Management Office Dacono Sheriffs Office Eaton _X Public Works Erie Housing Authority Evans Airport Authority Firestone Building Inspection Fort Lupton Code Enforcement Frederick STATE Garden City Division of Water Resources Gilcrest Geological Survey Greeley Department of Health Grover Department of Transportation Hudson Historical Society Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey Division of Wildlife: LaSalle Loveland Lochbuie Greeley Longmont Division of Minerals/Geology Mead FIRE DISTRICTS Milliken Ault F-1 New Raymer Berthoud F-2 Northglenn Briggsdale F-24 Nunn Brighton F-3 Pierce Eaton F-4 Platteville Fort Lupton F-5 Severance Galeton F-6 Thornton Hudson F-7 Windsor Johnstown F-8 La Salle F-9 Mountain View F-10 COUNTIES Milliken F-11 Adams Nunn F-12 Boulder Pawnee F-22 Larimer Platteville F-13 Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES Poudre Valley F-15 US Army Corps of Engineers Raymer F-2 USDA-APHIS Veterinary Service Southeast Weld F-16 Federal Aviation Administration Windsor/Severance F-17 Federal Communication Commission Wiggins F-18 Union Colony F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER Fort Collins School District RE- Greeley Ditch Company Longmont West Adams -c 6RECEEVED SEP 0 4 2002 WEMS) sy r URM_wicip'av Estni 0 Weld County Referral COLORADO August 30, 2002 The Weld County Department of Planning Services has received the following item for review: Applicant Dennis L. Schulte &A. Bruce Case Number AmRE-3337 Johnson Please Reply By September 20, 2002 Planner Sheri Lockman Project Recorded Exemption sk Legal Lot B of RE-3337; being the S2 SW4 of Section 9, T7N, R65Wof the 6th P.M., Weld County, Colorado. Location East of and adjacent to WCR 41 and north of and adjacent to State Hwy 14. For a more precise location,see legal. Parcel Number 0709 09 000005 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature 414 4. r " t 11 O-O1- � Agency �4 Date +Weld County Planning Dept. +1555 N. 17th Ave. Greeley, CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax 4a Weld County Farir,j, ' ,::Went ,:,, SEP 12002 MEMORANDUM TO: Sheri Lockman, Planner II DATE: September 9, 2002 FROM: Donald Carroll, Engineering Administrator COLORADO SUBJECT: AmRE-3337, Dennis L. Schulte & A. Bruce Johnson COMMENTS: WCR 41 is designated on the Transportation Plan Map a section line access road through a Non-Exclusive License Agreement. This road is NOT maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. REQUIREMENTS: The Weld County Public Works Department recommends approval of this application. The applicant has completed a Non-Exclusive License Agreement for the upgrade and maintenance of Weld County right-of-way. (July 31, 2002) Use this access point for both residential building envelopes. 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: AmRE-3337 M:\planning\re-2.doc " 1 ``-Road File# RE: Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: August 2 6, 2 0 0 2 1111 H Street,P.O.Box 758, Greeley,CO 80632 Phone: (970)356-4000,Ext. 3750 Fax: (970)304.6497 1. Applicant Name Dennis L. Schulte & A. Bruce Johnson Phone 356-6110 Address 801 8th Street, #220 City Greeley StateCO Zip 80631-1900 2. Address or location of access 20009 Highway 14, Ault, CO 80610 Section 9 Township 7N Range 65W Subdivision None Block Lot Weld County Road # CO 14 Side of Road N Distance from nearest intersection adjacent NE of Hwy 14 & WCR 4 1intersects 3. Is there an existing access to the property? Yes X No #of accesses 3 Ag/Res along the 2 ag accesses indentified below. 4. Proposed Use: 53 Permanent C Residential/Agricultural O Industrial O Temporary O Subdivision O Commercial 0 Other **************k k-K#=k*%k******* ****************%k******.k.k**.kak>k>k*******%k************+k+k****.kk8c*=k**********.k#*** 5. Site Sketch Legend for Access Description: AG = Agricultural b9�+ RES = Residential LAC17 8 4i��G O&G= Oil&Gas D.R. = Ditch Road En z ‘1\ wi.es/Ag o o Hwy 14 -k Existing Ag OFFICE USE ONLY: • Road ADT Date Accidents Date Road ADT Date 'Accidents Date Drainage:Requirement Culvert _Size Length Special Conditions ❑ Installation authorized O Information Insufficient • Reviewed By: Title: 8 Memorandum II I TO: Sheri Lockman, W.C. Planning r DATE: September 4, 2002 COLORADO FROM: J%Peden, EH Services CASE: AMRE-3337 APPLICANT: Schulte, Dennis & Johnson, Bruce Environmental Health Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed home septic systems and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 2. The installation of any septic system within the 100-year flood plain shall comply with the Weld County I.S.D.S. flood plain policy (attached). In accordance with the Colorado I.S.D.S. Regulations, no septic systems shall be installed within the floodway. Additionally, please note the following: 1) This application is proposing a well as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. 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WZ� Li 00��1-- 0)Q ix ON ON a - Zm .>i'dWO U 0 G•-_ N` $ ee001 WK10zN 0 �cov 0>Ja 0.'M • W E"I� U jXMM v3 N �- '- " 40.m, O0 Erna46 ci H C c N U 0 o _ W 40 • 01 �NQ 9"0992 r�� -vt'i Ot. . 1 -roof 1 \. —_,O ZEt— . Z1S£o00 N ,09"6t�9Z PA„Sti,S£o00 N �— '� t/I isa wins ai-T.T.,io am ZSa(samnivaa io sisv ) .4......,..- .r.ry ....6-u,+.1—Sl1.:o--a.,.w._,....[M.G.a=lVEIC,u.g.u.0._._.....__.. c....nrnz.a—...14,. &.... - .-_...ryr,�r: CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD The Transnation Tide Insurance Company hereby certifies that it has made a careful search of its records,and finds the following conveyances affecting the real estate described herein since August 30, 1972,and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION: The S 'A of the SW ' of Section 9,Township 7 North,Range 65 West of the 6th P.M.,County of Weld,State of Colorado: CONVEYANCES(If none appear,so state): Reception No, 1479252 Book 557 Reception No.2737716 j Reception No.2918605 J Reception No.2932747 The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. • This certificate is not to be constructed as and Abstract of Tide nor and opinion of Tide,nor a guarantee Title and the liability of Transnation Title Insurance Company, is hereby limited to the fee paid for this Certificate. In Witness Whereof,Transnation Tide Insurance Company,has caused this certificate to be signed by its proper officer this 15`"day of March 2002, at 7:00 am. TRANSNATION TITLE INSURANCE COMPANY Order No. 8514485B By: Authorized Signature I IIIIIIRHIIIN" alliNIIIII!I VIIIINIEMINI 2932717 03113!294.. -10:67* a UM Tsulmmoto 547 1 of 2 R 10.00 0 20.37 weld Motif CO WARRANTY DEED THIS DEED, Made this 7th day of March, 2002 between �^ J. Gale Moody - of the County of Weld and State of Colorado, grantor, and A. Bruce Johnson and Dennis L. Schulte whose legal address is 801 9th Street, Suite 220, Greeley, Colorado 80631 of the County of Weld and State of Colorado, grantees! .. WITNESSETH That the grantor for and in consideration of the sum of TECH AND 00/100, ($10.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and Conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee, his heirs and assigns forever, all the real property, together with improvements, if any, situate,lying and being in the County, of Weld and State of Colorado, described as. follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF !i also known by street and number as 20009 Highway 14, Ault, Colorado 80610 6 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and i remainders, rents, issues and profits thereof, and all the estate, right, title, 90 interest, claim and bargadainneed pd reemises, with thesoever of the �heereditaments r in law urtenances. of.in To RAVE AND TO HOLD the said premises above bargained and described, with the Appurtenances, hissheirsoand®personnal, hie representatives, dod es cns ovenant: And grant, barhe gain,rand r agree to and with the grantee, his heirs and assigns, that at the time Of the ensealing and delivery of these presents, be is wall seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soaves, except general taxes for 2002 and subsequent years: except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quietand peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed date orth ova. J., ale dy STATE OF COLORADO se. The foregoing instrument was acknowledged before County of Weld J me this 7th day of March, 2002 by J. Gale Moody Witnes my hand and off ci seal. ..� My scion expires/� ov er , 05 `DARELLA L. i. NOTARY PD LIC 0 t BLOCH f 129.5 Main St. No, 932A� y. 7-84.,/a,:. . Windsor, COLORADO 80550 r Ij iit111111111!!!111ill!llilll1111!!m1io 11111111 2932747 03113(2002 10:07A JA 8uhits00amoto 0 2 R 10.00 020,37 Weld County 00 "EXHIBIT A" LEGAL DESCRIPTION The S1/2 of the SW1/4 of Section 9, Township 7 North, Range 65 West of• the 6th P.M., County of Weld, State of Colorado. EXCEPT a parcel of land conveyed to Weld County by Deed recorded July 1, 1941 in Book 1081 at Page 67, TOGETHER WITH Two (2) shares of the capital stock of The Larilner & Weld. 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