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"2222• 1400$€> Dana X la fJ as .tt - 4.',---vg ad o _ - i"r' - _ - 883=$«n5 bnv`Dc W H t Wig' t... «$r. °sm� • - 3'a" aorY .1;6=3=5.O2"0" "a` • ;20-° - - 'a =_s$ _ _ _ i "ftl '5-" ;• Ea - 8:82'0 Eye - FN_ "< ° « o-"o 'N-A • - _ W r '.=7 Vii-' oa`a ,qr 4-1, {ge rm - - • g8=82 - _ it Tut - o c W C = 2 ;%-i,:!ii LO ?4�a° y _ _ _ _fq - - o>;a°m0005n § - E g:nay O 1E))-1.- 1 V — o 1111€E `- - !Hit a 4e'°e°c:°ill �°oe°Ea i.'!' = 3-32`.1-32.5:, _ - Of G a & i�u_EE II waav 3'v" v'sw ma Gov" nvvu m°1• "c:vv ey° am_._°1evv_ myn" 3'vno'4«1,88`°,.`i�':�°c° u W � W _ "a..,1m ee d3 M d TOIO-S3lIV/1 iUV314nV 1010-S31IHM 'I11N HOP DEPARTMENT OF PLANNING SERVICES W6(94:(11 C� ADMINIRECORED EXEMPTION STRATIVE REVIEW COLORADO Applicant: Elaine Wailes RE-3276 Planner: CG Legal Description: S2 of Section 25, T1 N, R65W of the 6TH P.M., Weld County, CO Parcel ID #: 1473-25-000025 Lot C Size: N/A Lot B Size: +1- 152 Acres Lot A Size: +/- 5 acres Water Source: Domestic Well 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 Recorded Exemption standards in Section 24-8-80 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40.B.1 through 24-8-40.B.6 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (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. cj0D2 - .53 /7 3. Topographic or physical features of the proposed Lot A, such as ravines, ditches, streams etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. 4. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 1473-25-4 RE-3276 B. Due to the prime agricultural soils on Lot B, the applicant shall submit a proposed building envelope to the Department of Planning Services for review. Upon approval by the Department of Planning Services, the building envelope shall be delineated on the plat. All building envelopes shall take into consideration setbacks from oil/gas structures as required by Section 23-6-10 of the Weld County Code. C. In accordance with Chapter 8, Article II of the Weld County Code, Lot A and Lot B shall each be granted one residential access. Direct access from a public road shall be limited to one access per legal parcel for residential use, no circle drives or additional accesses shall be granted. The road shall be graded and drained to provide all weather access. Accesses shall be placed in such a location as to have adequate sight distance in both directions, shall not be placed below the crest of a hill or where physical obstructions are present. D. 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. E. 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. F. Weld County Road 4 is designated on the Weld County Transportation Plan Map as a local gravel road, which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of Weld County Road 42 shall be delineated on the plat as right-of-way. This road is maintained by Weld County. D. Weld County Road 49 is designated on the Weld County Transportation Plan Map as a local gravel road, which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of Weld County Road 49 shall be delineated on the plat as right-of-way. This road is maintained by Weld County. H. 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. I. 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 B has an adequate water supply of sufficient quality, quantity and dependability. 5) 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. 6) Potential purchasers should be aware that Lot A 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. 7) 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 Section 15-1-10, Articles I and II of the Weld County Code. 8) 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 that urban dwellers. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment,ponds and irrigation ditches,electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. 5. The applicant shall submit a Mylar plat and a paper copy of the Mylar plat to the Weld County Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 24-8-70 of the Weld County Code. The plat shall be submitted within sixty (60) days from the date of approval by the Weld County Department of Planning Services. The applicant shall be responsible for paying the recording fee. 6. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(&.co.weld.co.us. 7. The Weld County Department of Planning Staff's approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. a , By O = a�lL1 vtw. Date April 25, 2002 Chris Gathman Planner-AICP • t DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ST ADMINRATIVE REVIEW COLORADO Applicant: Elaine Wailes RE-3276 Planner: CG Legal Description: S2 of Section 25, T1 N, R65W of the 6TH P.M., Weld County, CO Parcel ID#: 1473-25-000025 Lot C Size: N/A Lot B Size: +/- 152 Acres Lot A Size: +/- 5 acres Water Source: Domestic Well 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 Recorded Exemption standards in Section 24-8-80 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40.B.1 through 24-8-40.B.6 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (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. 3. Topographic or physical features of the proposed Lot A, such as ravines, ditches, streams etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged. 4. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 1473-25-4 RE-3276 B. Due to the prime agricultural soils on Lot B, the applicant shall submit a proposed building envelope to the Department of Planning Services for review. Upon approval by the Department of Planning Services, the building envelope shall be delineated on the plat. All building envelopes shall take into consideration setbacks from oil/gas structures as required by Section 23-6-10 of the Weld County Code. C. In accordance with Chapter 8, Article II of the Weld County Code, Lot A and Lot B shall each be granted one residential access. Direct access from a public road shall be limited to one access per legal parcel for residential use, no circle drives or additional accesses shall be granted. The road shall be graded and drained to provide all weather access. Accesses shall be placed in such a location as to have adequate sight distance in both directions, shall not be placed below the crest of a hill or where physical obstructions are present. D. 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. E. 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. F. Weld County Road 4 is designated on the Weld County Transportation Plan Map as a local gravel road, which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of Weld County Road 42 shall be delineated on the plat as right-of-way. This road is maintained by Weld County. G. Weld County Road 49 is designated on the Weld County Transportation Plan Map as a local gravel road, which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of Weld County Road 49 shall be delineated on the plat as right-of-way. This road is maintained by Weld County. H. 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. I. 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 B has an adequate water supply of sufficient quality, quantity and dependability. 5) 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. 6) Potential purchasers should be aware that Lot A 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. 7) 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 Section 15-1-10, Articles I and II of the Weld County Code. 8) 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 that urban dwellers. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important,not only for their safety,but also for the protection of the farmer's livelihood. Parents are responsible for their children. 5. The applicant shall submit a Mylar plat and a paper copy of the Mylar plat to the Weld County Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 24-8-70 of the Weld County Code. The plat shall be submitted within sixty(60)days from the date of approval by the Weld County Department of Planning Services. The applicant shall be responsible for paying the recording fee. 6. The Weld County Department of Planning Staff's approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. By Date April 23, 2002 Chris Gathman ❖ Planner-AICP ID • 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 , ----'-'. Boundaries of Lots L.-------- L/ Scale Suitable Scale? 1"=200' r 1"=l 00') (�✓ J `Accesses indicated Shared Access?If so, is easement Certificate included? X tE FOCI C/ Roads labeled, including R.O.W J Building Envelope(s) 1/ Vicinity Map Suitable Scale?(Minimum 1"=2000) 1"=6;OO North Arrow !---------- Legal Description S-m0,-)1c!).— - fl p �� Le A- y2E- W3 Notes from Planner/ e '�L N0 C'' `r• - c( ,.. ..., Development Standards C.os,Mv si. ;"_./ cl6`^n'^iv 'vlu ifo1`tt Conditions of Approval Owner's Certificate Notarial Certificate included? All owners must sign the plat, check the deed. c/ Surveyor's Certificate and All surveyed plats i Surveyor's Stamp Note: USR plats do not need to be surveyed } Director of Planning Notarial Certificate included?(RE,SE,SPR, Final PUD if L 1 Certificate Staff Approved) Planning Commission (USR,COZ, Minor Sub.Final) ) / y1 Certificate I (`J J"� 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) le Easements Please return the plat to the CAD Technician s ithin 24 hours of receiving the plat. l� i4_ p;,,,,,.._; ; 5/(0161-. Planner on Call: (Initials) Planner Signature: Date: Weld County Planning Department GREELEY OFFICE APR 9 2002 RED: V April 4, 2002 Weld County Planning Department 1555 North 17th Avenue Greeley, CO 80631 Dear Planning Department: I have recently sold property located in the Southeast A of Section 25, Township 1North, Range 65 West of the 6 P.M., Weld County, Colorado. I hereby request permission to assign all rights, title, and interest in RE-3276 application to the new owner,Nursery Acres Limited Partnership,whose legal address is 9010 S. Santa Fe Drive, Littleton, Colorado 80125. With Chris Gathman's verbal approval to Wayne Howard, I will have the signature lines on the plat changed. Sincerely, Cu Y2 )7) (' (6(1 Elaine M. Wailes 7722 Park Ridge Circle Fort Collins, CO 80528 DEPARTMENT OF PLANNING SERVICES Kit rite; 1555 N. 17th Avenue Greele0, 80631 0 Phone (970) 353-6100, Ext. 3540 Fax (970) 304-6498 Illik COLORADO March 20, 2002 Elaine Wailes do Wayne Howard 800 8th Avenue, Suite 323 Greeley CO 80631 Subject: RE-3276 A Recorded Exemption located on a parcel of land described as Lot A of RE-143; part of the SE4 of Section 25, T1 N, 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. If you have any questions concerning this matter, please call me. Sincerely, n Chris Gathman Planner • ALLES AND 428 North 2"' Street LaSalle, Colorado 80645 Telephone: 970-284-9562 ASSOCIATES, Fax: 970-284-9564 INC. Weld County Planning Department GREELEY OFFICE March 8, 2002 MAR 1 1 2002 RECEIVED Weld County Planning and Zoning 1555 North 17th Avenue Greeley, Colorado 80631 Attention: Chris Gathman Subject: Plat Dear Chris: Enclosed is the Preliminary plat for Elaine M. Wailes RE-3276. Please review and notify us of changes and/or acceptance. If you have any questions please contact us. Sincerely, Ataiew-41; e-c-- Ron Ashenfelter RA/am Enclosures CC: Wayne Howard w/enclosures 1M1 r♦' APPLICATION FLOW SHEET WELD COLORADO APPLICANT: Elaine Wailes CASE #: RE-3276 REQUEST: Two-Lot Recorded Exemption LEGAL: Lot A- Recorded Exemption 143; a part of the SE4 of Section 25-1-65 LOCATION: North of and adjacent to WCR 4, West of and adjacent to WCR 49 PARCEL ID#: 1473 25 000025 ACRES: +/- 160 acres Date By Application Received 3/7/02 CG Application Completed 3/20/02 CG Referrals listed 3/20/02 CG Design Review Meeting (PUD) File assembled '2C: rde-- I2n.i Letter to applicant mailed ; /L,C12- Referrals mailed 3 . I,C.C Chaindexed 3 .ac• c 1- Vicinity map prepared noNa oc,EvrovxY Field check by DPS staff ( F`2 n-nce- l43 Administrative Review decision: 1-1/Z5/Ut- Date By County Commisioners Hearing Date Of applicable) Surrounding property owners notified Air photo and maps prepared CC action: CC resolution received Recorded on maps and filed 1-71,,,-)CO1— Overlay Districts Road Impact Fee Area: Zoning A Yes_ No_X_ Airport Yes No_X_ SWWeld #1 #2 #3_ Geologic Yes No_X_ Windsor 7 Flood Hazard Yes No_X_ s A- Panel #080266 0980C kh �t� • IEPARTMENT OF PLANNING SERVICE -� N. 17th Avenue, Greeley,Colorado 80 IP Phone(970) 353-6100, Ext. 3540- Fax#(970) 304-6498 APPLICATION FOR RECORDED EXEMPTION Application Fee Receipt Number Case Number Recording Fee Receipt Number Zoning District Application Checked By Planner Assigned to Case TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures). I (we), the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners. Legal Description:_Part SE'%Sec 25,Ti N, R65W Total Acreage: 157.43 Zoning Aq Parcel Number 1 4 7 3 2 5 0 0 0 0 2 5 (12 digit number-found on Tax I.D. Information or obtained at the Assessor's Office). Has this property been divided from or had divided from it any other property since August 30, 1972? Yes X No Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes_X No Does the parcel of land under consideration lie in any of the following Overlay Districts? Flood Hazard: Yes_ No X ;Airport Yes_ No X ; Geological Hazard: Yes_ No X FEE OWNERS OF PROPERTY Name: Elaine M. Wailes Home Phone# Work Phone# Address: 7722 Park Ridge Circle City/State/Zip Code Fort Collins, CO 80528 Applicant or Authorized Agent: Wayne A. Howard Phone# 353-0982 Address: 800 8th Avenue, Suite 323 City/State/Zip Code Greeley,CO 80631 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 Domestic Well Domestic Well Permit Type of Sewer Septic Septic Proposed Use Agricultural Rural Residential Acreage 152.43±acres 5±acres Existing Dwellings No No Yes or No Edsting Dwellings Address(if applicable): 3 P 95 C'2 el (7)90 (0/<%,2 023:,. -a de 47 (117c7/ to/% Larger Parcel N/A l Smaller Parcel N/A 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. datst ,7 i/ SRev: 1-27-97 gnatu Owner or Authorized Agent • RECORDED EXEMPTION QUESTIONAIRE Lot A of RE 143, being part of SEA Section 25, TIN, R65W 1)a) Domestic Use: The smaller parcel will have a domestic well permit. The larger parcel will also be large enough to apply for either a domestic well or water tap if necessary. b) Irrigation Water: The smaller parcel in presently irrigated farmland that will become a sprinkler corner and rural residential home site. The larger parcel will become sprinkler-irrigated farmland. The larger parcel has adequate irrigation water from two existing irrigation wells that is currently irrigated via cement ditches. No irrigation water has been sold or removed from the property. 2) Currently the proposed smaller lot is flood-irrigated farmland, but will become a rural residential site of approximately 5 acres. The larger lot has no improvements and therefore no existing septic system. Both the smaller parcel and the larger parcel will have adequate size support any proposed septic system. Soil types for both parcels will adequately support septic systems as required by the Weld County Health Department. 3) The larger parcel is currently being operated as a flood irrigated farm with no improvements and has a total of 157 Acres. It consists of approximately 4 acres of non-prime and 153 acres of prime irrigated farmland, as defined by the Weld County Comprehensive Plan. The larger parcel that is created will remain prime sprinkler irrigated farmland and the smaller parcel will become a non-irrigated rural residential site. 4) The owner wants to construct a sprinkler on the farm for irrigation and production efficiency on the larger parcel and build a rural residence on the smaller parcel. The farm currently irrigates with two irrigation wells and cement ditches. This will enable the owner to utilize the farms highest and best use while improving its agricultural production. The larger parcel will remain prime irrigated farmland and the smaller parcel will remain a rural residential site. 5) The subject parcel is located 2 miles east and 4 miles south of Hudson, at the intersection of WCR 49 and WCR 4. The smaller parcel will be approximately 5.0± acres, while the larger parcel will be approximately 152.0± acres. The area in which the new parcels will be created consists of predominately-irrigated farms from 80- 160 acres with scattered small rural residential 5-10 acre tracts. 6) There are no unique physical characteristics on the site that need to be addressed. . • • 7) There are no existing residence or structures on either the larger or smaller parcels. Any future buildings, would require that all future setback requirements be met when building permits are applied for. 8) Because of time constraints and the potential financial consequences, the owner does not wish to pursue a conservation easement at this time. 9) A building envelope will not be designated on either parcel. Because of the proposed irrigation sprinkler, the smaller parcel will not take any prime agricultural land out of production, and the larger parcel will remain predominately prime irrigated farmland. 10) The proposed partitioning of this property is consistent with the Weld County Comprehensive plan and will not detract from its long-range goals or any other intergovernmental agreements. 11) The proposed uses of all parcels will be compatible with existing surrounding land uses. The smaller parcel will be used as rural residential home site with agricultural uses. The larger parcel shall remain prime agricultural sprinkler irrigated land. 12) The proposed partitioning of the property is consistent with the intent of the agricultural district as expressed in the amended Weld County Zoning Ordinance, and the Weld County Comprehensive Plan. All parcels will remain zoned agriculture and will allow for more efficient utilization of each parcel's highest and best use. 13) The proposed partitioning of the property is consistent with efficient and orderly development as defined in the Weld County Subdivision Ordinance, Section 1.3. It will not create any new or known hazards or environmental problems to the community. Report Date: 05/16/2002 02:57PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R6403586 ASSESSED TO: WAILES ELAINE M 7722 PARK RIDGE CIRCLE FT COLLINS, CO 80525 LEGAL DESCRIPTION: PT SE4 25-1-65 LOT A REC EXEMPT RE-143(3.11 R.91 L) PARCEL: 147325000025 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2001 TAX 1,589.16 0.00 0.00 1,589.16 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 05/16/2002 0.00 ORIGINAL TAX BILLING FOR 2001 TAX DISTRICT 2497- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 20.559 426.41 AGRICULTURAL L 71,514 20,740 SCHOOL DIST RE3J 40.723 844.58 CCW WATER 0.871 18.06 TOTAL 71,514 20,740 CCS WATER 1.428 29.62 HUDSON FIRE 3.173 65.81 AIMS JUNIOR COL 6.620 137.30 WELD LIBRARY 3.249 67.38 76.623 1,589.16 -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 TREASURERS 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 • M d 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: Date: • REFERRAL LIST NAME: Elaine Wailes CASE NUMBER: RE-3276 REFERRALS SENT: March 20, 2002 REFERRALS TO BE RECEIVED BY: April 10,2002 COUNTY TOWNS and CITIES _Attorney _Ault 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 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 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 _X_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 X_West Adams REFERRAL LIST NAME: Watt-C-5 CASE#: p, — — COUNTY TOWNS and CITIES Attorney Ault Legal 7+. 5 471 25- I-COS Health Department Berthoud �!-�'�3_ZS- �JbC�jZs Extension Service Brighton Parcel ID# Emergency Management Office Broomfield jj (� Sheriffs Office Dacono Zone / 1 Acres? It X Public Works Eaton Housing Authority Erie USDA Airport Authority Evans IC Building Inspection Firestone Airport O X W Code Compliance Fort Lupton Ambulance Frederick Geo Haz Iv O STATE Garden City I' Division of Water Resources Gilcrest FP? MO Panel# O3aZ Up -o1 Geological Survey Greeley Department of Health Grover Road Impact Fee Area? 1°O Department of Transportation Hudson (SW#1 _, #2 , #3 , Windsor ) Historical Society Johnstown fa O Water Conservation Board Keenesburg IGA? ORD# Oil and Gas Conservation Commission Kersey Division of Wildlife: LaSalle MUD? N 0 South of Hwy 66 (Loveland) Lochbuie 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 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 Western Hills F-20 SOIL CONSERVATION DISTRICTS Frederick/Firestone F-21 West Greeley Union Colony South East Weld Fort Collins Platte Valley OTHER Longmont yyi School District RE-at Sig Thompson Ginny Shaw(MUD) X West Adams Ditch Company, COMMISSIONER • • p Weld County Referral C. COLORADO March 20, 2002 The Weld County Department of Planning Services has received the following item for review: Applicant Elaine Wailes Case Number RE-3276 Please Reply By April 10, 2002 Planner Chris Gathman Project Two Lot Recorded Exemption Legal Lot A of RE-143; part of the SE4 of Section 25, Ti N, R65W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to WCR 4, west of and adjacent to WCR 49. For a more precise location, see legal. Parcel Number 1473 25 000025 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 110 We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: UAclan 'dvRhin 6bn 1s Cri 4-PY F,-Qv' -tV(h1O 1c5n 1A . Signature Ce6n 7ro(L2 Agency j t r e Date •:•Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax Weld County Planning epartment GREELEY OFFICE RECEIVED APR 19 2002 MAR 2 2 2002 WELD E CEiV WRAC WO KS DEPT p Weld UNTY a:, eerra� C. COLORADO March 20, 2002 The Weld County Department of Planning Services has received the following item for review: Applicant Elaine Wailes Case Number RE-3276 Please Reply By April 10, 2002 Planner Chris Gathman Project Two Lot Recorded Exemption Legal Lot A of RE-143; part of the SE4 of Section 25, T1 N, R65W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to WCR 4, west of and adjacent to WCR 49. For a more precise location, see legal. Parcel Number 1473 25 000025 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. clif See attached letter. Comments: Signature lip►' !f' de9e4i/f � - I f' v� Agency 6414f. K/�t/�i�� 7/� Date <Weld County Planning Dept. +1555 N. 17th Ave. Greeley, CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax Weld County Planning Department Kik Q GREELEY OFFICE MEMORANDUM APR 1 9 2002 RECEIVED ' TO: Chris Gathman, Planner I DATE: April 17, 2002 C FROM: Donald Carroll, Engineering Administrator Fee COLORADO• SUBJECT: RE-3276; Elaine Wailes The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are as follows: COMMENTS: WCR 4 is designated on the Transportation Plan Map as a local gravel road, which requires a 60- foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. WCR49 is designated on the Transportation Plan Map as a local gravel road, which requires a 60- foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. REQUIREMENTS: The Weld County Public Works Department recommends approval of this application. The access shall be placed in such a location to have adequate sight distance in both directions and not below the crest of a hill or where physical obstructions are present. (Lot A) If a drainage culvert is required, a 15-inch corrugated metal pipe is the County's minimum size requirement. If the applicant chooses to place a larger culvert, please contact the Public Works Department to adequately size your culvert. (Lot A) Direct access from a public road shall be limited; only one access is allowed per legal residential parcel. No circle drives will be allowed. In accordance with Chapter 8, Article II of the Weld County Code, this policy shall apply to all new and existing accesses within the unincorporated areas of Weld County. Properties within municipalities or other counties that access Weld County roads are also subject to this policy. (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-3276 M:\WPFILES\DON-C\PLAN12RE.WPD A d File# RE: ?: -) , Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: June 12,2001 1 1 11 H Street, P.O. Box 758,Greeley,CO 80632 Phone: (970)356-4000, Ext. 3750 Fax: (970)304-6497 L Applicant Name Elaine M. Wailes Phone Address 7722 Park Ridge Circle City Fort Collins State CO Zip 80528 2. Address or location of access Section 25 Township IN Range 65W Subdivision Block Lot Weld County Road # 4 Side of Road North Distance from nearest intersection .2 miles 3- Is there an existing access to the property? Yes X No #of accesses 3 4. Proposed Use: ❑ Permanent O Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other 5. Site Sketch N Legend for Access Description: AGRESAgricultural WCR6 I ' �I D ' RES = Residential PC O&G= Oil&GasonFLOItAll0 D.R. = Ditch Road WCR 49 /AG WCR 47 Lot B \ _t /RES i 1 I I I WCR 4 AG Lot A *********************************************************************************************************** OFFICE USE ONLY: Road 4- ADT -10 Date - - ' / Accidents Date Road 4_ ADT '3 Date w - --?1 Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation authorized ❑ Information Insufficient Reviewed By: Title: 8 Memorandum TO: Chris Gathman, W.C. Planning IDATE: March 7, 2002 C COLORADO FROM: Jo Peden, EH Services CASE: RE-3276 APPLICANT: Wailes, Elaine 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. Additionally, please note the following: 1) This application is proposing wells 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. 3) Topographic or physical features of the proposed lot, such as ravines, ditches, streams, etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Division recommends that the applicant review the County Code pertaining to Septic Systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may be need to be enlarged. Weld County Planning Department GREELEY OFFICE MAR 0 7 2002 MXENVIRONMENTAL HEALTH SERVICES\PLANNING\RE-3276.wpd RECEIVED • WAILES RE r r. 8 Box�ld ,(rPI a 5 LARGER PARCEL Lot B 152 .43± Acres Lott Reservoir SMALLER PARCEL Lot A 5± Acres OUTS CR 4 1,K 4 66. (14 V 0� W co A tiller Creek Boz • K © 1999 DeLorme. Street Atlas USA I • Road File# RE: Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: June 12,2001 1111 H Street, P.O.Box 758,Greeley,CO 80632 Phone: (970)356-4000,Ext. 3750 Fax: (970)304-6497 I. Applicant Name Elaine M. Wailes Phone Address 7722 Park Ridge Circle City Fort Collins State CO Zip 80528 2. Address or location of access Section 25 Township IN Range 65W Subdivision Block Lot Weld County Road tt 4 Side of Road North Distance from nearest intersection .2 miles 3. Is there an existing access to the property? Yes X No tt of accesses 3 4. Proposed Use: ❑ Permanent ❑x ResidentiallAgricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other 5. Site Sketch Legend for Access Description: . N� AG= Agricultural WCR 6 RES = Residential E SBA O O&G= Oil&Gas D.R. = Ditch Road WCR 49 /AG WCR 47 Lot B RES 1 I f— WCR 4 AG Lot A *****************************************************************tit*************************************** OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions *********************************************************************************************************** ❑ Installation authorized ❑ Information Insufficient Reviewed By: Title: 8 APR-03-02 WED 12145 PM COMMONWTH LAND TITLE FAX NO. 303774e P. 02 1tt111 milt 1ltlttl lilt I1111t tlut 11111 111111111111111 29315844 03/22/2002 01:40P at 5O1 Taalamato 044 1 of 3 R 15.00 C 47,30 Weld Canty CO ;O. GENERAL WARRANTY DEED ds334b3 ('Honor. ELAINE M. WAILES, f/k/a Elaine M. Binder, whose legal address is 772? ParkAL/NI Rid„ C'irclr, I't. Collins, CO 80525, County of Larimer, and State of Colorado, for the consideration or FOUR HUNDRED SEVENTY FIVE TIIOUS,'4NU and NO/1PGrhs (3'475,nnn.W/ DOLLARS, in hand pad, hereby sells and conveys to NURSERY ACRES LINIITEaI PARTNERSHIP, a Colorado limited partnership, whose legal address is 9010 S. S uwi Fe I)live. l.iulcwit, CO 80125. C.'uunty of()mortars. and State Colorado.the following real lutq,ert nt the C':,unty nl'\v'cad, and Shut: of Colorado, to Wit SEE Ii XIIIRI'P A A'FTAC'IIED HERETO AND NIA DE A PART HEREOF in THIS REFERENCE Vroperty Address: Weld County Road 114 and Weld County Road /149 I Itidsort, C.olorad l(Itia 2 Assesaor's Schedule or Parcel Number: R6,103586 D0C Fee I'OGETIUtIt, with all and singular the bereditaments and appurtenances thereunto belonging, or in anywise. appertaining. and the reversion and reversions, remainder and remainders, rents, tsxne:, anti points thereof; and all the estate, right. Title, interest. claim and demand whatsoever of tl,rr Grantor, either in law or equity. of, in and to We above bargained premises, with the her ditaments and nphurtcnances. '1'O HAVE AND TO (HOLD the said premises above bargained and described, with the :yapttnc; unces, unto the Grantee. its successors and assigns forever. And the Grantor, for itself, it.s since-.;ors and aiiiiuns, duos envcn;ay. grant, bargain and agree to and with the Grantee. its �ce :; and as:;ii,ns tttat al tl.e tines ut the et sealing and delivery nl'these presents, it is well seireL my the premises above conveyed. has good. ,tyre, perfect, absolute and indefeasible estate of inheritance. in law. in tee simple, and bus good right, full power and lawitil authority to grant, Klinin. set; and ennwy the .same in manner anti corm aforesaid, and that the same arc free and Clem train all banner ;old tither grants. bargains, sales. liens, taxes. assessments, encumbrances and icstri tLHi3 nt whatever kith! or nature .soever, except General real estate taxes and ;1'Sc 5tlleitti for 2602 and subsequent year, casements, resetvatinns. restrictions. covenants and r ighi:',-n1'-way Ut record or in use, or in place, il'any, the Grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against al oud every person Or persons lawfully claiming or to claim the whole or any part thereof. IN WITNESS WIIEREOF, the Cirantot has executed this Warranty Deed on this jay of Mitre Ii. 2(1113. Cy • Elaine Ni. Wailes; tVk'a Elaine M. Binder i II'.la'.,.dalFNA II et,C/cc,. WARP Arvr,CCO GO" oi1p42itAiAM- • "SKLC CW 10 . 199 ,92 . 53 WH 2935544-2002 .001 - --- —"` APR-03-02 WED 12.46 PM COMMONWOTH LAND TITLE FAX NO. 303774. P. 03 11111111111111111111(1111111111111111111 1111 2936844 03/22/2002 01:40P JA 6uklTeukamoto 2 of 3 R 16.00 D 47.50 Weld County CO STAT1 or COLoit.-u)O ) ) s s COUNTY 0F,84UQak/ ) 'Mc" foregoing u ann-rent will acknowkdtied before me this day of March, 2002, by Elaine 41. Wailes. 17k/is IFlaine M. binder. Wf'1NIa i my (land rind ol'ficial�`srroal, U,v couurissiuu espiros S 7_o :_, ,__,��►,� ztl _.. . .. . (-GC!!to 4�I 41 '3-.. Nutwwv. P• ublic mi :: *; C• M � • t/ '3•C'.ILM1(5'/IAIA.II4.64.0;,({40y..YI,RRA,r,XILO G0L 31.1(,9)IIJZAY.. SKLD OW 10. 199. 93.53 W5 2935644-2002 .002 ^••----- APR--03-02 WED 12 46 PM CONNONW•H LAND TITLE FAX NO. 303774k P. 04 . 111111111111111111111111111111111111111111MUM 1111 2036644 03/22/2002 41:40P JA Ski Tsukamota 3 of 3 ft 15.00 0 47.50 Weld County CO 1 11[l3IT ,� legal Description .a :\ or recorded L:xetttipt ion No. 1473-25-4.1:111413, recorded July 26, 1971 in Book 719 as Reception No. It)41.334. being a portion of the Suuthc;tst :a of Section 25. Township I North, Range ti5 West (•the: ('c' P.M.. County or Weld. Stale of Colorado, TOCE'1'illult WI'l'II all appropriated and unappropriated, tributary. non-tributary and not-non- tributary waters and water rights, ditches and ditch rights. springs uud spring rights, wells and ri1•;1tt.i, and c•c•,4t ' iri and reservoir rights. on, underlying, appurtenant to or used in 1:on►tectclnt with lands d seribeJ in this I?shi bit :k. including, hit not limited lo the following: i Well No. 1-8:358. (Permit Nn, 8338-RF) decreed in the amount of 3.33 cfs (1,500 L:pm) from groondwatel'. with approprintion date of April 30, )950. in Case No. W- !►02, i)ktrkct Court_ Water Division No. i. on ()ember 27, 1972; 1. Well •No. '_'-1 ')O5 (Permit No, 81)054&1) decreed in the amount of 2.66 cis (1,2()0 t!Iim) I't•nn groundwater, with rtppropui;ttion date of May 28, 1958, in Case Ni,. vV- 9D2, i)i,tric:t Cotu t. Writer 1.)iviion N4 t. 1. on October :17, 1972; . 40 1)t:,tril:l ucrc i ittltt to W.:lively of water I'rlim the tica ylyn Irrigation District; -4. All right pttr6tinnt to the CC CD Class I) Iri'i ation Water Altotnl'nt Contract ♦1267 liar Ih suh.jcct w�lIs• '1'o(;I:'l'iIrlt WITH the Easement lit' water transportation recorded in the records of the Weld courtly Clerk and It>,:t'onk-r on March 27, 1078, Reception NO, 1741;4483,. • .. ...f,l I I+ . •.r l,., .G'4NA♦.L.'IN•:,:.1•rt. Mls;w u:7.w- S3ctID CW 7.0. 199.92 . 53 WE 2935644-2002,003.—"--"-- 04/05,02 16: 18 RRAPRHOE Rill, NURSERY 4 19703922646 • N0,116 D02 FILED ,,f?f71'"g84 CERTIFICATE OF_LIMITED E RTNERSHIPS 1"" ?64-S g04O:40 The undersigned party, constituting all of the general partners of NURSERY ACRES LIMITED PARTNERSHIP, hereby certifies that: Throughout this Certificate, any word or words that are defined in the Colorado Uniform Limited Partnership Act of 1981, as amended from time to time (the "Act") , shall have the same meaning as provided in the Act, and the word or words listed below within quotation marks shall be deemed to include the words which follow them: A. "Certificate" - This Certificate of Limited Partnership. H. "Partnership: - This Limited Partnership. 1. partnership Neve. The name of the Partnership shall be NURSERY ACRES LIMITED PARTNERSHIP. 2 Registered Office and Resident Agent. The address of the registered office of the Partnership is 9010 South Santa Fe Drive, Littleton, Colorado 80125. The name of the registered agent of the Partnership at that address is Michael E. Gilsdorf. 3 . Names and A40 ssea el_General. Partners. The name and the home or bus ness address of each general partner are as set forth on the signature pages hereof. 4. Number of Partners . There are three partners in the Partnership, at least one of whom is general partner. IN WITNESS WHEREOF, this Certificate of Limited Partnership has been signed this 1./.4 day of January, 1994 . GENERAL PARTNER: GJA, INC. , a Colorado corporation By 441421 �� 1 erson, Presx ent 9010 South Santa Fe Drive Littleton, CO 80125 ATTEST: L.. Michael E. 41orf, Se etary 9010 South .Santa Fe Dri e Littleton, CO 80125 04%05/02 16: 19 ARPPAH0E ACIII NURSERY 4 19703922646 • N0.116 D0: ARTICLES OF INCORPORATION FILED COPY, • WA, INC.; 931136440 $50,00 SOS 12-009-93 14;31 KNOW ALL MEN BY THESE PRESENTS, that the undersigned incorpo- rator, being a natural person of the age of eighteen (10) years or more, and desiring to form a corporation under the laws of the State of Colorado, does hereby sign, verify and deliver in duplicate to the Secretary of State of the State of Colorado these ARTICLES OF INCORPORATION. ARTICLE I Name The name of the corporation shall be GJA, INC. ARTICLE II period o4 Duration This corporation shall exist perpetually unless dissolved according to law. ARTICLE III Purpose The purpose for which this corporation is organized is to transact any lawful business or businesses for which corporations may be incorporated pursuant to the Colorado Corporation Code. ARTICLE IV Capital The aggregate number of shares which this corporation shall have the authority to issue is One Hundred Thousand (100, 000) shares, all of which shares shall be $. 001 par value per share, which shares shall be designated common stock. No share shall be Hello