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Home My WebLink About20023302.tiff • i /vetIS gill- DEPARTMENT OF PLANNING SERVICES Code Compliance Division Willi Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us 17th Avenue, ey, CO 631 C• 1555 N. Phone: (970) 353 61100, Ext. 33540 Fax: (970) 304-6498 COLORADO October 22, 2002 Mr. Harold Edward Nelson 11955 CR 15 ongmont, CO 80501 du Mr. Blake Nelson 12071 CR 15 Longn•ant, CO 8050.. Legal Description: VI-0000130 Part of the N1/4/4'slE4/S2NE4 or S'.Jti-.n 6, T2N r.o7\A/ of the 6'" ° M Weld Cc i.nty, Colorado Dear Mr. Nelson: The Weld County Department of Planning Services Staff closed the wring violation case on yo, property. It was recently brought to my attention that the USR-1302 plat map had been recorded and the Use by Special Review proces-- completed; therefore, the zoning violation is i r w closed. Thank yr u nor your coope.Ition in this mater. Mould you have any questions rer,:srdi.ig this letter, or if you need any .`vrther info.ms:ion, please feel free to contact me at the?hove ..ddress, ic.,dp;ir:ne number or e- mail adores. If you wish to see me personally, please call to schedule an appointme:d so that I may reserve a sufficient :,mount of time with you. Sipcereiy, bethany Salzman Zoning Compliance Officer pc: VI-0000130 USR-1302 Department of Planning Services County Attorney's Office /yoppe7 D o70Da - 8,34,2 SERVICE,TEAMWORK,INTEGRITY,QUALITY /L/ /53 2 . � i ! CIVE, CENTRAL WELD COUNTY WATER DISTRICT January 3, 2002 Harold E. & LaVerna J. Nelson 11955 Weld Co. Rd. 15 Longmont, CO 80504 RE: Water Service Dear Mr. Nelson: This letter is in response to a request for water service to serve the following property described as follows: Part of the E '/z of Section 6, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado. Water service can be made available to the above described property, provided all requirements of Central Weld County Water District, Northern Colorado Water Conservancy District and the L. S. Bureau of Reclamation are satisfied. Central Weld County Water District requires that contracts be consummated within one (1) year from the date of this letter or this letter shall become null and void unless extended in writing by the District. This property has been petitioned into Northern Colorado Water Conservancy District. Central Weld cannot issue a tap until all requirements are satisfied. Due to the rapid cost increase of raw water, existing tap fees may not apply for water service to this property. The District will not notify, by separate letter, any prospective landowners or land purchasers of tap fee or line extension cost increases. The cost of a tap fee and/or line extension .:II irve to be aid in adynncet, the nistr ct b the prospective customer ccnr'ianc. -.tith District policy. Sincerely, CENTRAL WELD COUNTY WATER DISTRICT S-eV.et-/f ., G ��`�Q ohm W. �eneral Manager "'�'- �.a`�' rlev a'2�ced� ��i t- JWI,hg • 3-2_ 2235 2nd Avenue • Greeley,Colorado 80631 • Phone(970)352-1284 • Fax(970)353-5865 John W.Zadel,General Manager \II\\iliaiiiiiiiiiiiS\ (!m 11\ie\ • 2871011 R 50.0000 0033 Weld ACounty CO amol GRANT OF EASEMENT AND AGREEMENT G )l THIS GRANT OF EASEMENT AND AGREEMENT is made and entered into this day of i !N I,- , 2001, between THE TOWN OF FIRESTONE, a municipal corporation organized and existing under and by virtue of the law-s of the State of Colorado (hereinafter "Grantor") and LaVERNA J. NELSON, a/k/a LaVERNA JUNE NELSON and HAROLD E. NELSON, a/k/a HAROLD EDWARD NELSON. of 11955 Weld County Road 15, Longmont, Colorado 80504 and LEO BLAKE NELSON of 12071 Weld County Road 15. Longmont. Colorado, 80504 (hereinafter "Grantees"). WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) paid to the Grantor by the Grantees, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby remise, release, sell, convey and quit claim unto the Grantees, their successors and assigns, forever, the following: A non-exclusive, perpetual easement for ingress and egress, with the right to construct, install and thereafter use, repair, maintain, and replace a vehicle access roadway, on, over and across that certain real property owned by Grantor and described and depicted on the survey set forth as Exhibit A, attached hereto and incorporated herein by this reference (hereinafter the "Access Easement"). SUBJECT TO the following terms and conditions: 1. The Access Easement shall benefit and be appurtenant to, and shall be used solely for ingress and egress to, the properties legally described on Exhibit B, attached hereto and incorporated herein by this reference. The Access Easement shall not be used for access to any property other than the properties described on Exhibit B. 2. The Access Easement shall be used solely for the following purposes upon the properties described in Exhibit B: (a) residential uses for not more than one single-family dwelling unit upon the LaVerna and Harold Nelson Property described on Exhibit B; (b) residential uses for not more than one single-family dwelling unit upon the proposed Recorded Exemption Property described on Exhibit B; (c) agricultural uses upon any of the properties described in Exhibit B; and (d) ingress and egress for a commercial roping area located upon the Leo Blake Nelson Property described on Exhibit B; provided, however, that use of the Access Easement for such purpose shall be limited to the roping area operation times, levels of use, and other requirements of the Weld County special review use for the roping area, as approved in Weld County use by special review (USR) Case No. 1302. The County Resolution of approval, and the special review use plans approved thereunder, are adopted and incorporated herein by reference as if Elm 1111111 111111 III 111101111111 IIII III • 2871011 08/02/2001 12:33P JA Suki Tsukamoto 2 of 10 R 50.00 D 0.00 Weld County CO set forth in full, and use of the Access Easement for the roping. area shall be in compliance with such Resolution and plans. The Access Easement may not be used for any subsequent or increased use of the Properties described on Exhibit B without the express, prior written consent of Grantor. 3. This Access Easement shall terminate in the event the Grantees, or any relative of or entity controlled by Grantees, acquire fee title to or an access easement over all or any portion of the real property described in Exhibit C, attached hereto and incorporated herein by this reference, which provides access to Weld County Road 26. In the event fee title to or an easement in such property is acquired, this Access Easement shall terminate 180 days after such acquisition. Grantees represent that it is their intent to relocate the access for the purposes set forth in paragraph 2 above, from Grantor's property to the property described in Exhibit C in the event of such acquisition. 4. Grantees acknowledge that Grantor is the owner of that property described in Exhibit D, attached hereto and incorporated herein by this reference. Grantee shall have no right to use the property described in Exhibit D for access from Weld County Road 24 (Firestone Boulevard) to any properties described in Exhibit B or for any other property or purpose, other than the non-motorized purposes afforded to the general public by Grantor. Grantees do hereby remise, release, sell, convey and quit claim unto the Grantor any and all interest of Grantees in the property described in Exhibit D, and Grantees shall not at any time in the future have or claim any interest in such property described in Exhibit D. 5. Grantees shall be permitted to retain within the Access Easement, the soft-surface access roadway and to install related surface facilities, such as borrow ditches and/or drainage culverts. The access roadway shall not be hard-surfaced. No underground facilities other than drainage facilities shall be permitted within the Access Easement. Grantees shall obtain Grantor's written approval of any new facilities and any improvements to the existing facilities within the Access Easement prior to the commencement of such improvements. Grantor may require reasonable modifications to any such proposed improvements. 6. Grantees, jointly and severally, at their sole expense shall maintain the access roadway and related, permitted facilities installed in the Access Easement in a good state of repair. Grantees shall have the right at their sole expense to plow, maintain, and repair the access roadway and facilities installed within the Access Easement, and to keep such roadway and facilities in passable and proper condition for their intended uses. Grantees shall not plow snow onto any improved portion of Grantor's property and shall store snow only on Grantees' own property. 7. Grantees shall have no right to fence the Access Easement or to erect any barrier, gates, or guards thereon without the prior written consent of the Grantor. 111111111111 Hii1 will hill Ill ICI III 11111 IIII IN • 2871011 08/02/200 i 12:33P JA Suki Tsukamoto 3 of 10 R 50.00 0 0.00 Weld County CO 8. Grantees, jointly and severally, at their sole expense, shall restore the surface of any areas within the Access Easement not occupied by the access roadway or related facilities and shall restore any landscaping, structures, or other improvements located on the Access Easement to the conditions that existed immediately- prior to the commencement of any of Grantee's activities permitted hereunder. 9. Grantor reserves the right to use and occupy the area of the Access Easement for any purpose which will not unreasonably interfere with or endanger any of Grantees' facilities or uses permitted hereunder. 10. Grantees shall be solely responsible for all damages to persons or property which may in whole or part be caused by the Grantees or their agents or employees, or which may result or arise in whole or part from their activities performed or permitted hereunder. Grantees will indemnify and hold harmless the Grantor, its elected and appointed officials, and its employees, agents and representatives, from any and all liability, damage, loss, cost or expense, including but not limited to attorney's fees, which Grantor, its elected and appointed officials, and its employees, agents and representatives may suffer as a result of any and all claims, demands, actions, costs or judgments made or brought against them by any person or entity, and which arise either in whole or in part out of Grantees' activities performed or permitted hereunder. Grantees shall investigate, handle, respond to and provide defense for and defend against any such liability, claims and demands. By demanding this right of indemnification and defense, Grantor in no way waives or intends to waive the limitations on liability which are provided to Grantor or its employees under the Colorado Governmental Immunity act, C.R.S. §24-10-101 et seq. Grantees' indemnification obligation shall not be construed to extend to any injury, loss, or damage which is caused by the act, omission, or other fault of the Grantor. 11. The property rights granted herein shall be appurtenant to the properties described in Exhibit B and shall not be otherwise transferable by Grantees without the prior written consent of Grantor. 12. The Access Easement granted herein shall be subject to all restrictions, easements, and ownerships of record and/or apparent on the ground. 13. This Agreement and the rights and obligations herein shall inure to the benefit of and be binding upon the parties and their respective representatives, successors and assigns. All of Grantees' obligations hereunder shall apply with respect to the existing roadway access and all future operation, maintenance, repair and replacement of the roadway access and related facilities permitted within the Access Easement. llIlII 11111 1113 IIII 111111 III III III 11111 IIII IIII • 2871011 08/02/2001 12:33P JA Suki Tsukamoto 4 of 10 R 50.00 D 0.00 Weld County CO IN WITNESS WHEREOF, the Grantor and Grantees have executed this Grant of Easement and Agreement on the date first above written. GRANTOR: TOWN OF FIRESTONE ONE ',. �� 0 u P� •', otf Rick Patterson, Mayor ATTEST: • z, ' , :•of Cheri Andersen, Town Clerk ACKNOWLEDGMENT STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoing Grant of Easement and Agreement was acknowledged before me this '‘&. day of , 2001, by Rick Patterson, as Mayor of the Town of Firestone and Cheri Andersen, as Ttn Clerk of the Town of Firestone. Witness my hand and official seal. My commission expires on: (S qt.:* N ••• Ciq q ,. OT ••• 9 Notary Public • 'Zcn cnco ' A •. fC. • ' 2 cot ORA-O l 111111 I'U!1VJ, L!"AIL' L IIIIII Iilli Ililt287101 Suki Tsukamoto 5 of 10 R 50.00 0 0.00 Weld County CO GRANTEES: Harold E. Nelson ' a/k/a Harold Edward Nelson LaVerna J. Nelson Th a/lc/a LaVerna June Nelson C ' ;i /'s Leo Blake Nelson ACKNOWLEDGMENT STATE OF COLORADO )ss COUNTY OF WELD The foregoing Grant of Easement and Agreement was acknowledged before me this day of_I ' _`. , 2001, by Harold E. Nelson a/k/a Harold Edward Nelson, LaVerna J. Nelson a/kia La Verna June Nelson, and Leo Blake Nelson. Witness my hand and official seal. My commission expires on: i ` ' • ,? Notary Public KELLY RD t My Cammissior Ex;M7-F.,r:.-0.2005 • u nru oor ozau LANDMARK ENG. 001/002 • HUM Hill 1111 illii! III II I III Iilll IIII IIII LM 2871011 08/02/2001 12:33P JA Suki Tsukamoto 6 of 10 R 50.00 D 0.00 Weld County CO Exhibit A (page 1 of 2) June 5,2001 Project No. NELH-1E8C-01-610A2 ACCESS EASEMENT EXHIBIT Access Easement Legal Description of an access easement on, over and across a portion of Section 6, Township 2 North, Range 67 West of the 6th Principal Meridian,Weld County,Colorado being more particularly described as follows: Beginning at the Northeast Corner of said Section 6 and considering the North line of said Section 6 as bearing South 89'40'33"West and with all bearings contained herein relative thereto;thence along the East line of said Section 6 South 00°25'18" West 228.48 feet to the TRUE POINT OF BEGINNING; thence continuing along said East line South 00°25'18" West 170.42 feet; thence departing said East line North 89'34'42"West 56.19 feet;thence South 29°16'02" West 1418.29 feet;thence North 60°43'58"West 33.00 feet;thence North 29°16'02"East 1594.67 feet to the TRUE POINT OF BEGINNING. The above described easement is subject to all easements,agreements and rights-of-way of record. The above described easement does not represent nor should it be construed as a land survey by this office. Landmark Engineering Ltd. .0 HEGi Paul A.Hernandez a •� ' o1a Colorado L.S. 32829 i a`3., ° ' ,' PA}I/ej th 1.4- ��s�'AL t.P0 • Alin 1111111IIII111111111111,111IIIIIIIIIIHI _ •• 2871011 08/02/2001 12:33P JA Suki Tsukamoto 7 of 10 R 50.00 D 0.00 Weld County CO Exhibit A (page 2 of.2) N. 1/4 COFL. SECTION S W.C.R. No. 26 LiC, -__-_-- __--_- -__-__- SECTION 6 - p c, ai W.c.w.o. - 2I T.P.O.E 'C / IHELMA /� , NB9.3a'<2'w SWARTS j/ /�I 56 a• . / / / 1 JAMES OFREN ILORES m`//� / a EASEMENT %�. / o^/ / / ./.& / / 1' / I z EXISTING ACCESS EASEMENT -- 1 Q' HAROLD & BLAKE / / LA, VERNA NELSON // NELSONI —Na0.43's6'W 33.00' I / ��'kr� Cr O O/ 1 / ECt/lONC 6R / / / / / R // / NOTE: THIS EXHIBIT DOES NOT REPRESENT NOR SHOULD IT BE CONSTRUED AS A/ UPON W DSURVEY ELD COUNTIES APPROVALTHIS OF THE PROPOSED RECORDED / EXEMPTION, THIS EXHIBIT SHALL BE AMENDED TO INCLUDE THE FULL LEGAL DESCRIPTION OF THE APPROVED EXEMPTION LOT. (��y-�-�'� TITLE: ACCESS EASEMENT EXHIBIT (TOWN OF FIRESTONE) ®maaD0vt0en99CB aim. NGINEERS/ARCHITECTS/PLANNERS/SURVEYORS CLIENT: HAROLD NELSON 3521 West Elaenhavar Blvd., Loveland, Colorado 80537 (970) 667-6265 Denver (303) 629-7124 Fax (970) 687-6298 SCALE: 1".-....300'I DATE: 6/5/01 I PROJ. NELH 1E8CO1-61 0-Al gill 1111111 Ell 111111 III till HIE 1111111 � 88of011 10 R 50 00 08/02/2001 D 0.00 3 WeldA Suki County CO amoto EXHIBIT B Legal Descriptions of Served Properties 1. Harold Edward and LaVerna June Nelson Property: The South Half(S 'L) of the Northeast Quarter (NE '/ ) and the Northwest Quarter (NW '/.4) of the Southeast Quarter (SE '/), excepting so much of said premises as lies East of the West line of the right-of-way o£ the Union Pacific Railroad and except the portion in the Southwest Quarter (SW '/), of the Northeast Quarter (NE /) of said section lying under and being North and West of The Last Chance Ditch, all in Section Six (6) in Township Two (2) North, Range Sixty-Seven (67) West of the 6th P.M.; Also a strip of land two rods in width off the entire East side of the Northwest Quarter (NW 1<) of the Northeast Quarter (NE '/) of above mentioned Section Six. Excepting that parcel conveyed to Leo Blake Nelson by Warranty Deed recorded September 6, 1991, at Reception No. 02262239, Weld County Records. The above-described property is approximately 40 acres and bears Assessor's Parcel Nos. 131106000056 and 131106000058. 2. Recorded Exemption Property: A parcel of land of approximately 4.598 acres located in the Northeast Quarter of Section 6, Township 2 North, Range Sixty-Seven West of the 6t P.M., the location of which is generally depicted on Page 2 of Exhibit A of this Agreement. In the event the Recorded Exemption is approved and recorded, the legal description therefor shall be substituted into this Agreement through a written, recorded amendment executed by the parties. 3. Leo Blake Nelson Property: That certain property conveyed from LaVerna J. Nelson and Harold E. Nelson to Leo Blake Nelson by Warranty Deed recorded September 6, 1991, at Reception No. 02262239, Weld County Records. The above-described property is approximately 35 acres and bears Assessor's Parcel Nos. 131106000057 and 131106000059. 111111 111111111111 1111 111111 INNIIII III 111111111 IIII • 2871011 R 50 00 08/02/2001 D 0.00 33P Weld Suki County amoto County CO EXHIBIT C Legal Description of Swarts Property A parcel of land described in Warranty Deed recorded September 24, 1979. at Reception No. 1804144 in the Office of the Weld County Clerk and Recorder as follows: A parcel of land, situate, lying and being in the County of Weld and State of Colorado, to wit: Northeast quarter of the Northeast quarter of Section 6, Township 2 North, Range 67 West of the 6th Principal Meridian more particularly described as follows: The Northeast quarter of the Northeast quarter of Section 6, Township 2 North, Range 67 West of the 6th Principal Meridian except a strip of land conveyed by deed recorded in Book 16, Page 142, Weld County Records and except parcel described in Book 1499, Page 236, Weld County Records. The above-described property bears Assessor's Parcel No. 131106000055. 11111111111111111IIII111111III11II III 111111 /1 II II • 2871011 D 0.00 3P JA l amoto Weld County CO EXHIBIT D Legal Description of Firestone Property Parcel Nos. 12, 13, 14, 15, and 16 as described in Exhibit A to that certain Quitclaim Deed from Union Pacific Railroad Company to the Town of Firestone, dated March 14, 1997, and recorded March 19, 1997, at Book 1596. Page 830, as Reception No. 2538622, Weld County Records. 6/27;01 I I:20 AMrbt)F:OFFICEArevoneAgreem:NelsonEasement(final) SHERI Lockman - USR-1302 Pagc • • From: Char Davis To: Lockman, SHERI Date: 2/1/02 2:09PM Subject: USR-1302 Sheri, Condition 2. A. Manure Management Plan submitted by Tammy Nelson (USR-1302) has been approved. Regards, Char Hello