HomeMy WebLinkAbout20053759 •
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DEPARTMENT OF PLANNING SERVICES
Wi��pC ADMINISTRATIVE RECORDED
REVIEW
COLORADO
Applicant: Mildred & Marvin Bay RE-4296 Planner: C. Gathman
Legal Description: Lot B of RE-1769; part of the E2 of Section 1, T6N, R65W of the 6t° P.M.,
Weld County, CO.
Parcel ID #: 0803 01 000081
Lot A Size: +/-4 acres Lot B Size: +/-4 acres
Lot C Size: +/- 7 acres Lot D Size: +/- 130 acres
Water Source: Proposed Individual Wells 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 24-8-40 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 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.
2005-3759
2. The Applicant has proposed individual wells as the source of adequate water for Lots A, B, C and
D. 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 Lots A, B and C, 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. The West Greeley Soil Conservation District has provided information regarding the soils on the
site. The applicant shall review the information and use it to positively manage on site soils.
5. Prior to recording the plat:
A. The applicant shall submit a proposed building envelope(s) for Lot D 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. Additional building envelopes shall be
labeled alternative building envelope. All building envelopes shall take into consideration
impacts to productive farm ground as well as the location of incompatible uses, flood plain,
ditches, wetlands, geological hazards, accesses, preferable locations, oil/gas easements
and oil/gas structures which must meet setbacks as required by Section 23-6-10 of the Weld
County Code.
B. The plat shall be titled: Recorded Exemption No. 0803-1-4 RE-4296
C. Lots A, B and C shall use the existing agricultural/ditch road access points necessary for
residential access as no additional accesses shall be granted. Local residential access
shall be a minimum distance of 75 feet from a county road intersection and 150 feet for
commercial uses.
D. The applicant shall provide written confirmation from the New Cache La Poudre that the
existing ditch/agricultural access road (if located within the right-of-way for the Greeley No. 2
Ditch) can be utilized for future residential access for Lot C. The applicant shall provide a
recorded access agreement and the date and reception number of the access agreement
shall be indicated on the plat.
E. Lot D shall use the existing agricultural/ditch road access points necessary for residential
access as no additional accesses shall be granted.
F. 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.
G. County Roads 49 and 72 are designated on the Weld County Road Classification Plan as
local gravel roads, which require 60 feet of right-of-way at full build out. A total of 30 feet
from the centerline of County Roads 49 and 72 shall be delineated right-of-way on the plat.
These roads are maintained by Weld County. The applicant shall verify the existing right-of-
way and the documents creating the right-of-way. If the right-of-way cannot be verified, it
shall be dedicated.
H. The applicant shall address the requirements of Weld County School District RE-2 as stated
in the referral response dated November 22, 2005. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services.
If the applicants intend to share a well between lots A, B and C, they shall provide a shared
well agreement and indicate an access and maintenance easement for the well on the plat.
If the applicants do not intend to use a shared well the following note shall be placed on the
plat:
"The Applicant has proposed a well as the source of adequate water for Lots A, B, C and D.
Lots A, B, C and D may not share a domestic well."
J. Lots A, B and C shall comply with the two and one-half (2 1/2) acre net minimum lot size
required by Section 24-8-40.L of the Weld County Code.
K. Lot D shall comply with the one-hundred twenty (120) acre net minimum lot size required by
Section 24-8-20.B.3 of the Weld County Code.
L. The applicant shall provide the Weld County Department of Planning Services with a
Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for
the original parcel.
M. The following notes shall be placed on the plat:
1) All proposed or existing structures will or do meet the minimum setback and offset
requirements for the zone district in which the property is located. Pursuant to the
definition of setback in the Weld County Code, the required setback is measured
from the future right-of-way line.
No building or structure as defined and limited to those occupancies listed as Groups
A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International 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 23-3-10 of the Weld County Code.
2) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
3) Lot A, Lot B and Lot C are not eligible for a future land exemption in accordance with
Section 24-8-20.C.3 of the Weld County Code.
4) All structures requiring building permits shall be located within the designated
building envelope.
5) 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.
6) Prior to the release of building permits, the applicant shall submit evidence to the
Department of Planning Services that Lots A, B, C and/or D has an adequate water
supply of sufficient quality, quantity and dependability.
7) Potential purchasers should be aware that Lots A, B and C 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.
8) 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.
9) 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.
10) 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.
11) Recorded Exemptions on adjacent properties may raise the issue of compliance with
the intent of the Recorded Exemption Process. Approval of this Recorded Exemption
does not guarantee approval of future applications on adjacent properties.
12) Building permits shall be obtained prior to the construction of any building. Buildings
that meet the definition of an Ag Exempt Building per the requirements of Section 29-
1-20 and Section 29-3-20.B.13 of the Weld County Code do not need building
permits, however, a Certificate of Compliance must be filed with the Planning
Department and an electrical and/or plumbing permit is required for any electrical
service to the building or water for watering or washing of livestock or poultry.
13) Effective January 1, 2003, Building Permits issued on the proposed lots will be
required to adhere to the fee structure of the County Road Impact Program.
(Ordinance 2002-11)
14) Effective August 1, 2005, Building permits issued on the subject site will be required
to adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
15) Potential Purchasers are hereby notified that a confined animal feeding operation
(Amended USR-1282 — livestock confinement operation for up to 11,240 cattle) is
located directly south and east of the intersection of County Roads 47 and 74. 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.
16) Potential Purchasers are hereby notified that a confined animal feeding operation
(SUP-138 for a dairy for up to 100 cows) is located approximately % north of County
Road 72 and east of and adjacent to County Road 49. 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.
17) 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.
6. Any proposed subdivision adjacent to or contained within this recorded exemption may be
considered to be urban scale development. Urban scale infrastructure may be required.
7. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the paper copies the applicant shall
submit a Mylar plat along with all other documentation required as conditions of approval. The
Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of
Planning Services' Staff. The plat shall be prepared in accordance with the requirements of
Section 24-8-60 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.
8. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat
not be recorded within the required sixty (60) days from the date the Administrative Review was
signed a $50.00 recording continuance charge shall added for each additional 3 month period.
9. 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 mar)sco.weld.co.us.
10. 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 December 27, 2005
Chris Gathman ❖ Planner II -AICP
• , y _W'z i L?
Plat Checklist POC Planner
Item Comments Check Check
Proper size and material 24" x 36" or 18" x 24"/Minimum 3 millimeter polyester sheet L------.----
Lettering No stick-on lettering / Minimum 8 pt. lettering t..--•
Boundaries of Lots
Scale Suitable Scale? (1"=200'or 1"=100')
Accesses indicated Shared Access? If so, is easement Certificate included? i�i
Roads labeled, including
R.O.W
Building Envelope(s) sillig e
Vicinity Map Suitable Scale'? (Minimum 1"=2000') 1.--/.-----
North Arrow
Legal Description
Notes from Planner/
Development Standards
Conditions of Approval Q ,
•
Owner's Certificate Notarial Certificate included?All owners must sign the plat, /
check the deed. C/
Surveyor's Certificate and All surveyed plats
Surveyor's Stamp Note: USR plats do not need to be surveyed "'�����.J// f�
Director of Planning Notarial Certificate included? (RE, SE, SPR,Final PUD if C/
Certificate Staff Approved)
Planning Commission (USR,COZ,Minor Sub. Final) fJ /A
Certificate
Board Certificate (USR,COZ„Minor Sub Final) IA
(Final PUD, RE, SE &ZPMH if Board approved)
Typical Road Cross Section (COZ,Final Minor Sub. and Final PUD) IQ /f4
Easements WA
,y
Please return the plat to the CAD Technician within 24 hours of receiving the plat. In,v f291/?t,l1JtOc_
113/06, - e.:A,
Planner on Call: (Initials)
Planner Signature: d414I
-�--_ Date:
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CP-COre2 WC(I A-5tet.A.-a = P ai 1 0. wt-
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WELD COUNTY,COLORADO
DEPARTMENT OF PLANNING SERVICES
91810TH STREET
GREELEY,CO 80631
PHONE:970-353-6100, EXT.3540/FAX:970-304-6498
Date: i\i .;.,�, 20 ,' Receipt No.
Received From:T—(5T -� )� .,1 4 \�
I a
Permit Type No. Description Fee
4221-REISE
4221-ZPMH
4221-USR
4221-SITE PLAN REVIEW
4221-CHANGE OF ZONE
4221-PUD
4221-MINOR/MAJOR SUB
#OF BUILDABLE LOTS
4221-ADDITIONAL 30%
FEE FOR SUB's
4221-RE-SUBDIVISIONS
4221-BOA
4221-FHDP/GHDP
4430-MAPS/POSTAGE
4430-COPIES
4730-INVESTIGATION FEE
6560-RECORDING FEE
MISC.
OCASH AICHECK NO. —>' TOTAL FEE
Receipted By:i 1t{4 r/
WELD COUNTY,COLORADO
DEPARTMENT OF PLANNING SERVICES
1555 N 17T"AVENUE
GREELEY,CO 80631
PHONE: 970-353-6100, EXT.35401 FAX: 970-304-6498
Date: ,V ✓ - 1 , 20 Receipt No. 1 5 3 r n
Received From:
Permit Type No. Description Fee
4221-RE/SE
4221-ZPMH
4221-USR
4221-SITE PLAN REVIEW
4221-CHANGE OF ZONE
4221-PUD
4221-MINOR/MAJOR SUB
#OF BUILDABLE LOTS
4221-ADDITIONAL 30%
FEE FOR SUB's
4221-RE-SUBDIVISIONS
4221-BOA
4221-ZPCV/ZPAS
4430-MAPS/POSTAGE
4430-COPIES
4730-INVESTIGATION FEE
6560-RECORDING FEE 1, ?
❑CASHLiJCHECK NO. ❑CREDIT CARD TOTAL FEE
Receipted By: " - DL# — Exp.
WELD COUNTY, COLORADO
DEPARTMENT OF PLANNING SERVICES
918 10T"STREET
GREELEY,CO 80631
PHONE:970-353-6100, EXT. 3540/FAX: 970-304-6498
Date: (--X- 7- P, 20 07 Receipt N9. 1 " 2 3 5
Received From:
Permit Type No. Description Fee
4221-RE/SE
4221-ZPMH
4221-USR
4221-SITE PLAN REVIEW
4221-CHANGE OF ZONE
4221-PUD
4221-MINOR/MAJOR SUB
#OF BUILDABLE LOTS
4221-ADDITIONAL 30%
FEE FOR SUB's
4221-RE-SUBDIVISIONS
4221-BOA
4221-FHDP/GHDP
4430-MAPS/POSTAGE
4430-COPIES
4730-INVESTIGATION FEE
6560-RECORDING FEE ` Iz - '-1 ``R c Z\ -OO
MISC.
DCASH L HECK NO. I O _ TOTAL FEE
Receipted By: / - DL# NJ L Exp.
( , ppcoacc MOO
J �
• •
Chris Gathman
From: Wayne Howard [wayne@terrawestusa.comj
Sent: Wednesday, December 01, 2010 11:39 AM
To: Chris Gathman
Subject: RE: Bay (RE-4296) plat
Chris; Sorry I did not get back to you. I talked to Ken Alles about
changing the plat and he said he gave you permission to add the building
envelope. Did you go ahead and do that. I think that is fine if it is out
of the sprinkler area and next to the Lots A and B. Let me know how it
needs to be, or if this has been finalized.
Wayne
Original Message
From: Chris Gathman fmailto:cgathmanOco.weld.co.usl
Sent: Monday, November 15, 2010 11:52 AM
To: Wayne Howard
Subject: RE: Bay (RE-4296) plat
Yes. The building envelope was a condition of approval.
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N. 17th Avenue, Greeley CO. 80631
Ph: (970)353-6100 ext. 3537
Fax: (970)304-6498
Original Message
From: Wayne Howard Finailto:wayne(dterrawestusa.coml
Sent: Monday, November 15, 2010 11:48 AM
To: Chris Gathman
Subject: RE: Bay (RE-4296) plat
Chris, lets not mess with it and get it done. Its not that big of deal. I
don't recall discussing that anyway. Was that a requirement that I have
just forgotten?
Wayne
Original Message
From: Chris Gathman Finailto:cgathman(aco.weld.co.usl
Sent: Monday, November 15, 2010 11:08 AM
To: wayne@terrawestusa.com
Subject: Bay (RE-4296) plat
Wayne,
We are so close. . . Upon a 2nd glance I noticed the Bay plat did not have the
building envelope indicated on Lot D. I could have sworn that the envelope
was shown on a previous version. I have e-mailed Alles about this.
Also, I noticed that the recording fee was already paid for RE-4296.
Therefore, we have not deposited your $21.00 recording fee. I can either
1
leave it up front for you to •k •it up or rip up the check. •
Let me know what you would like to do.
Sincerely,
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N. 17th Avenue, Greeley Co. 80631
Ph: (970)353-6100 ext. 3537
Fax: (970)304-6498
2
• EATON SCIIDOOL DISTRICT RE-2
Dr.Randy Miller 200 Park Avenue
Superintendent Eaton,Colorado 80615
"170)454-3402 Weld County Plannin
)70)454-5193 Fax
GREELEY OFFICEpartment
MAR X 8 2006
November 22, 2005 RECEIVED
Chris Gathman
Weld County Planning Department
1400 17th Avenue
Greeley, CO 80631
RE: Marvin & Mildred Bay
Weld County Referral RE-4296
Chris Gathman:
We have reviewed the above applicant's request. The Eaton School District has
a process in place addressing growth within the District.
The School District has adopted a methodology to determine a cash-in-lieu
payment for residential development within the District in order to provide
adequate educational opportunities as a result of that development.
The cash-in-lieu payment per dwelling lot is $1,043 for a total of $3,129 for this
recorded exemption. Payment should be hand delivered or mailed to Eaton
School District, 200 Park Avenue, Eaton, Colorado 80615. A receipt will be
mailed to the applicant and a copy to the Weld County Planning Department.
Please contact me if you have any questions.
Sincerely,
Timothy Unrein
Assistant Superintendent Business Services
Eaton School District RE-2
Enc.
Date Paid c 2L sf20U
Amount 13) '/02
Check # .6 &
Received Bycc a /u,C, -
DEPARTMENT OF PLANNING SERVICES
d NORTH OFFICE
918 10TH Street
I• GREELEY, 80631
�1 PHONE: (970) 353-61010 0, Ext. 3540
FAX: (970) 304-6498
SOUTHW EST OFFICE
4209 CR 24.5
O LONGMONT, CO 80504
PHONE: (720) 652-4210, Ext. 8730
COLORADO FAX: (720) 652-4211
November 15, 2005
Marvin & Mildred Bay
do Cody Hollingsworth
800 8th Ave. Ste. 323
Greeley CO 80631
Subject: RE-4296-A Recorded Exemption located on a parcel of land described as Lot B of RE-1769; Pt
E2 of Section 1, T6N, R65W of the 6th P.M., Weld County, Colorado.
Dear Applicant:
Your recorded exemption application is being processed. If it is determined that the application meets the
approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is
approved. If the staff determines that the application does not meet the approval criteria or if staff has
concerns with the application, staff may elect to forward the application for review to the Board of County
Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a
public hearing. You will be informed of the hearing date prior to the hearing. The Board of County
Commissioners will then consider your application and make a final decision on the recorded exemption.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three
miles of the property in question or if the property under consideration is located within the comprehensive
planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials
to the Planning Commission for their review and comments. It is recommended that you and/or a
representative be in attendance at the Planning Commission meeting to answer any.questions the
Commission members may have with respect to your application. Please call, for further details regarding
the date, time, and place of this meeting.
If you have any questions concerning this matter, please call me.
Sincerely, G� ,
7/yl[I
Chris Gathman
Planner
Chris Gathman
From: Ken Alles [allesco@comcast.netj
Sent: Monday, November 15, 2010 12:10 PM
To: Chris Gathman
Subject: RE: RE-4296 (Bay) Plat
Chris:
Go ahead and show the envelope.
Ken Alles
Original Message
From: Chris Gathman fmailto:cgathman(o)co.weld.co.us7
Sent: Monday, November 15, 2010 11:02 AM
To: allesco0comcast.net
Subject: RE-4296 (Bay) Plat
I am in the process of submitting the plat for recording. However, upon
looking at the mylar I noticed that a building envelope was not shown on Lot
D of this recorded exemption (per one of the conditions of approval for the
RE) . I could have sworn that I saw a building envelope immediately adjacent
to WCR 72 on one of the previous copies of the plat. I can indicate a
building envelope in this location but would need your authorization.
Let me know what you would like to do.
Thanks,
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N. 17th Avenue, Greeley CO. 80631
Ph: (970)353-6100 ext. 3537
Fax: (970)304-6498
1
Chris Gathman
From: Chris Gathman
Sent: Monday, November 15, 2010 11:02 AM
To: 'allesco@comcast.net
Subject: RE-4296 (Bay) Plat
I am in the process of submitting the plat for recording. However, upon looking at the mylar
I noticed that a building envelope was not shown on Lot D of this recorded exemption (per one
of the conditions of approval for the RE) . I could have sworn that I saw a building envelope
immediately adjacent to WCR 72 on one of the previous copies of the plat. I can indicate a
building envelope in this location but would need your authorization.
Let me know what you would like to do.
Thanks,
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N. 17th Avenue, Greeley CO. 80631
Ph: (970)353-6100 ext. 3537
Fax: (970)304-6498
1
Chris Gathman
From: Chris Gathman
Sent: Monday, November 15, 2010 11.08 AM
To: 'wayne@terrawestusa.com'
Subject: Bay (RE-4296) plat
Wayne,
We are so close. . . Upon a 2nd glance I noticed the Bay plat did not have the building
envelope indicated on Lot D. I could have sworn that the envelope was shown on a previous
version. I have e-mailed Alles about this.
Also, I noticed that the recording fee was already paid for RE-4296. Therefore, we have not
deposited your $21.00 recording fee. I can either leave it up front for you to pick it up or
rip up the check.
Let me know what you would like to do.
Sincerely,
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N. 17th Avenue, Greeley CO. 80631
Ph: (970)353-6100 ext. 3537
Fax: (970)304-6498
1
•
Chris Gathman
From: Chris Gathman
Sent: Monday, October 29, 2007 11:31 AM
To: Leon Sievers
Subject: Well Agreement
Leon,
I had a question on a joint-well agreement for a recorded exemption. The applicants have
submitted a joint-well agreement but a question has come up as to whether we can indicate
an easement for the well on the plat. The applicant currently owns both properties (and
has no buyer at this time) . The agreement was for shared use between both RE lots.
The question was: The applicant cannot dedicate an easement to himself - could he dedicate
an easement to allow the adjacent RE lot to access the well if he owns both lots?
OR
The other thought was - could the well agreement recording information be shown on the
plat if the property owner still owns both lots (he would be describing the agreement by
lots involved and not granting to a separate owner) .
Let me know what you think.
Thanks,
Chris Gathman - Planner II
Weld County Department of Planning Services
918 10th Street
Greeley, CO 80631
PH: (970)353-6100 ext. 3537 FAX: (970) 304-6498
1
11)
Chris Gathman
From: Chris Gathman
Sent: Monday, October 04, 2010 6:24 PM
To: 'wayne@terrawestusa.com'
Subject: Out of Office
Wayne,
I will be out of the office starting Wednesday, October 6th until October 28th. The one
outstanding case I recalling dealing with you on is Bay (RE-4926) . In looking at my file, the
final item was addressing the requirements of Bruce Barker and finalizing the water line
agreement.
Let me know if you have any questions.
Sincerely,
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N. 17th Avenue, Greeley CO. 80631
Ph: (970)353-6100 ext. 3537
Fax: (970)304-6498
1
•
DEPARTMENT OF PLANNING SERVICES
1555 N 17th Ave
Greeley, CO 80631
cgathman@co.weld.co.us
C. PHONE: (970) 353-6100, Ext. 3537
FAX: (970) 304-6498
COLORADO
July 20, 2010
Bay Family Trust
369886 County Road 49
Eaton, CO. 80615
Wayne Howard, Terra West Real Estate Services
800 8th Avenue, Suite 323
Greeley, CO. 80631
Re: Conditions of Approval: Recorded Exemption 4296 (RE-4296)
Dear Bay Family Trust and Mr. Howard:
On December 27, 2005 your application for a recorded exemption was administratively approved by the Weld
County Department of Planning Services with specific Conditions of Approval.
One of the required Conditions of Approval grants the applicants sixty (60) days to submit a Mylar Plat. In
addition to the Mylar Plat all conditions outlined in the staff report needs to be completed. Should you choose
not to complete the Recorded Exemption process and provide the required Mylar Plat, the Department of
Planning Services will need to be notified in writing of your decision to withdraw the application.
Planning Services Staff is aware of the difficulty and associated delays in meeting the Conditions of Approval
normally associated with land use cases, and is willing to work with you in completing your request. Please
notify the Department of Planning Services, in writing,within 10 working days of your decision to complete the
recorded exemption within the next 30 days or withdraw.
If you chose to withdraw the application please sign and date the enclosed form and return to the Weld
County Department of Planning Services, Attn: Chris Gathman, 1555 N 17th Ave., Greeley, CO 80631.
If you are unable to meet the Conditions of Approval and record the plat within 30 days of the date of this
letter your case will be scheduled for a hearing before the Weld County Board of County Commissioners
If you have further question, please contact me at the above address or call (970) 353-6100 x 3537.
Sincerely,
Chris Gathman
Planner Ill
Chris Gathman
From: Bruce Barker
Sent: Monday, April 26, 2010 8:56 AM
To: Chris Gathman
Subject: Bay Family Trust Water Agreement
Chris:
I have the following concerns over the Bay Family Trust water agreement:
1) Although paragraph 7 talks about easements, the agreement really does not grant any.
Just talks about them. It should grant reciprocal easements.
2) Paragraph 6 talks about establishing an association, but none is created through this
agreement. It should.
3) The description of the easement says it is on Lot B of RE-1769. How does that come into
play here?
4) Can the well support 3 lots (meaning, does the well permit allow for it?)? I have no
idea.
Bruce.
1
•
FIELD CHECK inspection date:
APPLICANT: Mildred & Marvin Bay CASE #: RE-4296
REQUEST: Four Lot Recorded Exemption
LEGAL:
LOCATION: West of and adjacent to CR 49 and north of and adjacent to County Road 72
PARCEL ID#: ACRES:
Zoning Land Use
N N
E E
S S
W w
COMMENTS:
Signature
H - House DV- Derelict Vehicles D - Ditch
0 - Outbuilding NCJ - Noncommercial Junkyard
A-Access to property IS - Irrigation Sprinkler
W - Wetlands
MH - Mobile homes OG - Oil and Gas structures
Note any commercial business/commercial vehicles that are operating from the site.
Note if there is a site distance problem with the access
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COLORADO
APPLICANT: Marvin & Mildred Bay CASE #: RE-4296
REQUEST: Four-Lot Recorded Exemption
LEGAL: Lot B RE-1769; part of the E2 of Section 1, Township 6 North, Range 65 West
of the 6`h P.M. Weld County, Colorado
LOCATION: West of and adjacent County Road 49 and North of and adjacent to County
Road 72
PARCEL ID #: 0803 01 000081 ACRES: +/- 145 acres
Date By
Application Received 11/3/05
Application Completed 11/4/05 CG
Referrals listed 11/10/05 CG
Vicinity map prepared
File assembled II Oy -_, A,O
Case logged in computer
Letter to applicant mailed \
Referrals mailed
Field check by DPS staff 0S Administrative Review decision: nn 12_/2$/05
Board of County Commissioners heaping (if applicable) Date By
County Commissioners Hearing Date
Surrounding property owners notified
Presentation prepared
CC action:
CC resolution received
Date By
Plat recorded and filed [19 l VJ 4
Overlay Districts
Zoning Agricultural
MUD Yes No_x_
IGA Yes No_X_
Airport Yes No_X_
Geologic Yes No_X
Flood Hazard Yes No_X Panel #080266
Road Impact
RECORDED EXEMPTION (RE) APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT/AMOUNT# /$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number 0 8 0 3 - 0 1 - 0 - 0 0 - 0 8 1
(12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us).
Legal Description: Lot B of RE-1769 being part of the E1/2 , Section 1 , Township 6 North, Range 65 West
Has the 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_
FEE OWNER(S) OF THE PROPERTY:
Name: Marvin and Mildred Bay
Work Phone# Home Phone# Email Address
Address: 36340 WCR 49 •
City/State/Zip Code: Eaton, CO 80615
APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany all applications signed by Authorized Agent)
Name: Cody Hollingsworth, Terra West Real Estate Services
Work Phone#: 970-353-0982 Home Phone# Email Address: cody@terrawestusa.com
Address: 800 8th Avenue Suite 323
City/State/Zip Code : Greeley, CO 80631
Lot A Lot B Lot C Lot D
Smaller Parcel
Water Source Proposed Well Proposed Well Proposed Well Proposed Well
Type of Sewer Proposed Septic Proposed Septic Proposed Septic Proposed Septic
Proposed Use Ag/Residential Ag/Residential Ag/Residential Agriculture
Acreage 4+/- 4+/- 7+/- 130+/-
Existing Dwellings? No No No No
* If the property is vacant or unimproved write proposed water source and proposed sewer system for each
parcel in the blanks above. For example, if a well and septic is proposed state: proposed well, proposed septic.
I (We) request that the following described property be designated a Recorded Exemption by the Weld County
Board of County Commissioners. I (We) hereby depose and state under penalties of perjury that all statements,
proposals, and/or plans submitted with or contained within the application are true and correct to the best of my
(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs,
dt-7/ //-.3 05
Applic nt/Agent Date
RECORDED EXEMPTION (RE)APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT/AMOUNT# 1$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number 0 8 0 3 - 0 I - 0 - 0 0 - 0 8 1
(12 digit number-found on Tax I.D. information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us).
Legal Description: Lot B of RE-1769 being part of the E1/2 , Section 1 , Township 6 North, Range 65 West
Has the 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
FEE OWNER(S) OF THE PROPERTY:
Name: Marvin and Mildred Bay
Work Phone# Home Phone# Email Address
Address: 36340 WCR 49
City/State/Zip Code: Eaton, CO 80615
APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany all applications signed by Authorized Agent)
Name: Cody Hollingsworth, Terra West Real Estate Services
Work Phone#: 970-353-0982 Home Phone# Email Address: codynterrawestusa.com
Address: 800 8th Avenue Suite 323 •
City/State/Zip Code : Greeley, CO 80631
Lot A Lot B Lot C Lot D
Smaller Parcel
Water Source Proposed Well Proposed Well Proposed Well Proposed Well
Type of Sewer Proposed Septic Proposed Septic Proposed Septic Proposed Septic
Proposed Use Ag/Residential Ag/Residential Ag/Residential Agriculture
Acreage 4+/- 4+/- 7+/- 130+/-
�' E A/��
. _ Existing Dwellings? 35,40(0e ex3 3 50.1)14. raw 4/9 fJ�� Cig-12 No erk .
`a ;,11* If the property is vacant or unimproved write proposed water source and proposed sewer system for each
f parcel in the blanks above. For example, if a well and septic is proposed state: proposed well, proposed septic.
I (We) request that the following described property be designated a Recorded Exemption by the Weld County
Board of County Commissioners. I (We) hereby depose and state under penalties of perjury that all statements,
proposals, and/or plans submitted with or contained within the application are true and correct to the best of my
(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs,
�e7/ j%,%._ j
`Appliczlnt/Agent Date
• •
October 25, 2005
Department of Planning Services
918 10th Street
Greeley, CO 80631
RE: Recorded Exemption Applications
To Whom It May Concern:
I am writing this letter authorizing and appointing Cody Hollingsworth, Terra West Real
Estate Services to act as our agent for Marvin and Mildred Bay for the preparation and
application of a Recorded Exemption,Northeast of Eaton on Weld County Road 49 in
Weld County.
Thank you for your help in this matter. If you have any questions, please contact Mr.
Hollingsworth for me.
Sincerely,
Marvin Bay
a6
Mildred Bay
Recorded Exemption Questionnaire
145.1 Acre Sprinkler Irrigated Farm
Legal Description:
Lot B of RE-1729 being part of the E ''V2 of Section 1 Township 6 North Range 65 West
1. A. Domestic Use Water Supply—Water for Lots A, B, and C will be proposed wells,
which will be applied for upon completion of this Recorded Exemption. The larger
lot, proposed lot D will remain in agricultural production and will be a proposed well
also if domestic water supply is needed.
B. Irrigation Water Supply—The proposed lots A, B, and C are non-irrigated land:
therefore, no water supply is necessary. The larger parcel (lot D) will remain
irrigated, with water provided by existing water rights as historically operated.
2. Sewage Requirements—The proposed lot sizes are approximately four (4) acres for
lots A, and B, and (7) acres for lot C, which is more than adequate to meet the
minimum size required for a septic system. The larger lot D will remain in agriculture
production, and is 130 acres and will be large enough to meet the septic requirements
if a building is proposed.
3. Property use—The proposed lots A, B, and C currently do not have any
improvements on them and will be used as Ag/Residential lots. Lot D the larger
parcel currently has a center pivot sprinkler on it and will continue to be irrigated
farmland.
4. Proposed Lot Description—The entire parcel of land for this RE is located in the
Northwest corner of Weld County Roads 72 and 49. Every effort was made to cluster
lots A, B, and C as much as possible as recommended by Weld County for the 4 lot
Recorded exemption process. They are located on the property as follows: Lots A
and B will be in the Southeast corner of the property and lot C will be in the
Southwest corner of the property,there present use is unproductive farmland. Lot D
will be the remaining 130 acres of the property and remain in productive farmland.
5. Unique Physical Characteristics of Site—There are no unique physical characteristics
of this parcel.
6. Building Envelope—A building envelope for this property will be defined by the
required setback from the county road.
7. Use by Special Review Permit—There a currently no Use by Special Review permits
on this property or the proposed new lot.
Bay Recorded Exemption
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Lot B - 4f Acres
Lot C - 7±Acres
Lot D
Lot D - 130f Acres
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• •
Report Date: 09/14/2005 11:55AM WELD COUNTY TREASURER Page: 1
STATEMENT OF TAXES DUE
SCHEDULE NO: R1016596
ASSESSED TO:
BAY FAMILY TRUST
36986 WELD CO RD 49
EATON, CO 80615
LEGAL DESCRIPTION:
PT E2 1-6-65 PT LOT B REC EXEMPT RE-1769 (1.29R)
PARCEL: 080301000081 SITUS ADD:
TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE
2004 TAX 772.20 0.00 0.00 772.20 0.00
TOTAL TAXES 0.00
GRAND TOTAL DUE GOOD THROUGH 09/14/2005 0.00
ORIGINAL TAX BILLING FOR 2004 TAX DISTRICT 0221 -
Authority Mill Levy Amount Values Actual Assessed
WELD COUNTY 19.957 210.54 AGRICULTUR 36,366 10,550
SCHOOL DIST RE2 40.307 425.24
NCW WATER 1.000 10.55 TOTAL 36,366 10,550
GALETON FIRE 1.939 20.46
AIMS JUNIOR COL 6.328 66.76
WELD LIBRARY 3.249 34.28
WEST GREELEY CONSERVATION 0.414 4.37
TAXES FOR 2004 73.194 772.20
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,
REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
P.O. Box 458
Greeley, CO 80632
(970) 353-3845 ext. 3290
WELD COUNTY TREASURER
Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s)
of Taxes Due, issued by the Weld County Treasurer, are evidence that, as of this date,
all property taxes, special assessments and prior tax liens currently due and payable
connected with the parcel(s) identified therein have been paid in full.
•
Signed Date 9 f-wo
REFERRAL LIST
Name: Bay • Case#:RE-4296 •
County Towns & Cities Fire Districts
_Attorney _Ault _Ault F-1
z Health Department _Berthoud _Berthoud F-2
_Extension Office _Brighton _Briggsdale F-24
_Emergency Mgt Office- Ed Herring _Dacono _Brighton F-3
_Sheriffs Office _Eaton _Eaton F-4
z Public Works _Erie _Fort Lupton F-5
Housing Authority _Evans _Frederick
_Airport Authority _Firestone z Galeton F-6
_Building Inspection _Fort Lupton _Hudson F-7
z Code Compliance_S.-Ann_N-Beth Frederick _Johnstown F-8
_Kim Ogle (Landscape Plans) _Garden City _LaSalle F-9
_Lin (Addressing Change of Zone) _Gilcrest _Mountain View F-10
_Ambulance Services _Greeley _Milliken F-11
_Grover _Nunn F-12
State _Hudson _Pawnee F-22
Div._ of Water Resources _Johnstown _Platteville F-13
_Geological Survey _Keenesburg _Platte Valley F-14
_Department of Health _Kersey _Poudre Valley F-15
_Department of Transportation _LaSalle _Raymer F-2
_Historical Society _Lochbuie _Southeast Weld F-16
_Water Conservation Board _Longmont _Union Colony F-20
_Oil &Gas Conservation Commission _Mead Wiggins F-18
_Milliken _Windsor/Severance F-17
Division of Wildlife _New Raymer
_South Hwy 66 (Loveland) _Northglenn
_North Hwy 66 (Greeley) _Nunn
_Division of Minerals/Geology _Pierce
_Platteville Commissioner
Soil Conservation Districts _Severance _
Big Thompson/FTC _Thornton
_Boulder Valley/Longmont _Windsor
_Brighton/SE Weld
Centennial Counties
z Greeley/West Greeley _Adams
_Platte Valley _Boulder
West Adams _Broomfield
_Little Thompson _Larimer
Federal Government Agencies Other
_US Army Corps of Engrs z School District RE-2
_USDA-APHIS Vet Service _Central Cola Water Cons
_Federal Aviation Admin (Structures _RR
over 200 ft or w/in 20000 ft of Pub _z_Greeley#2
Airport _Art Elmquist (MUD Area)
_Federal Communications Comm
‘0--
ry
p s �� :� ...�•
ounty Referral
wilveNovember 15, 2005
COLORADO WELD COUNTY PUBLIC WORKS DEPT
The Weld County Department of Planning Services has received the following item for review:
Applicant Marvin & Mildred Bay Case Number RE-4296
Please Reply By December 13, 2005 Planner Chris Gathman
Project Four Lot Recorded Exemption
Legal Lot B of RE-1769; Pt E2 of Section 1, T6N, R65W of the 6th P.M., Weld County,
Colorado.
Location West of and adjacent to CR 49 and North of and adjacent to CR 72. For a more
precise location, see legal.
Parcel Number 0803 01 000081
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. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
❑ 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.
VI See attached letter.
Comments:
Signature yT/j 41 �4 z" //-30-c
Agency " aidal (,(Ji/ Date
(*Weld County Planning Dept. 4918 10th Street Greeley,CO.80631 ❖(970)353-6100 ext.3540 4(970)304-6498 fax
• Weld County Pharr Departmen'
C SEELEY OFFICE
Kis" MEMORANDUM RECEIVED
TO: Chris Gathman, Planning Services DATE: December 2, 2005
•C FROM: Donald Carroll, Engineering Administrator 19t
COLORADO SUBJECT: RE-4296, Marvin & Mildred Bay
The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are
as follows:
COMMENTS:
Weld County Road Classification Plan (FHU): (June 2002)
WCRs 72 and 49 are local gravel roads and require a 60-foot right-of-way at full build out. There is presently a
60-foot right-of-way. These roads are maintained by Weld County. Pursuant to the definition of SETBACK in
the Weld County Zoning Ordinance (Ordinance 89, as amended), the required setback is measured from the
future right-of-way line.
REQUIREMENTS:
The Weld County Public Works Department recommends approval of this application.
Utilize the existing access for residential use to this parcel. (Lots A, B and C)
Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation.
(Lot D)
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.
A local residential/agricultural access shall be a minimum distance of 75 feet from an intersection county or
state roadway and 150 feet for a commercial type use.
pc: RE-4296 M:\PLANNING-DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-4296.doc
• •
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Road File#: Date:
RE*:
Other Case#: Weld County Department of Public Works
111 H Street, P.O. Box 758, Greeley, Colorado 80632
Phone: (970) 356-4000, Ext. 3750 Fax: (970) 304-6497
1. Applicant Name Marvin and Mildred Bay Phone
Address 36340 WCR 49 City Eatpm State CO Zip 80615
2. Address or location of access %mile north of WCR 72 on West side
Section 1 Township 6N Range 65W Subdivision Block Lot
Weld County Road # 49 Side of Road west Distance from nearest intersection
approximately % mile north of WCR 72
3. Is there an existing access to the property? Yes X No #of accesses 2
4. Proposed Use:
❑ Permanent ❑ Residential/Agricultural ❑ Industrial
❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other
*******************************************************'R*************************************************************************
5. Site Sketch
Legend for Access Description: I
AG = Agricultural JI II_
RES = Residential —
O&G = Oil & Gas
D.R. = Ditch Road T
O = House
► = Shed c` � _ ;
G
Al x,r bEAP � ,..,.e5N MJ '‘;"c, 1.�}1� ,Sic`
A - ys
c ra 7� A
AL
********************************************* 7 '1; fri:C?c
LC , ,C A itO
r
OFFICE USE ONLY: 6;11 ID`�h
Road ADT
Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
❑ Installation authorized ❑ Information Insufficient
Reviewed By: Title:
7
• •
Memorandum
�
TO: W.C. Planning, Chris Gathman �?,?c
50
CDATE: December 6, 2005 N46210
• FROM: , EH Services, Deborah Blandin
COLORADO 4
CASE: RE- 4296
APPLICANT: Marvin & Mildred Bay
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 system(s)
and shall be installed according to the Weld County Individual Sewage Disposal
Regulations.
Additionally, please note the following:
1. This application is proposing a well(s) as its source of water. The applicant
should be made aware that while they may be able to obtain a well permit from
the Office of the State Engineer, Division of Water Resources, the quantity of
water available for usage may be limited to specific uses, i.e. domestic use only,
etc. Also, the applicant should be made aware that groundwater may not meet all
drinking water standards as defined by the Colorado Department of Public
Health and Environment. We strongly encourage the applicant to test their
drinking water prior to consumption and periodically test it over time.
2. Topographic or physical features of the proposed lot, such as ravines, ditches,
streams, etc. may limit the area available for a new or replacement septic
system. Prior to recording the plat the Division recommends that the applicant
review the County Code pertaining to Septic Systems to assure that any installed
septic system will comply with all setback requirements found in the Code. In the
event the proposed lot is not of sufficient size to allow the installation of a septic
system the lot may be need to be enlarged.
• •
4 :Ai Y:1 itip Weld County Referral
I November 15, 2005
C.
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Marvin & Mildred Bay Case Number RE-4296
Please Reply By December 13, 2005 Planner Chris Gathman
Project Four Lot Recorded Exemption
Legal Lot B of RE-1769; Pt E2 of Section 1, T6N, R65W of the 6th P.M., Weld County,
Colorado.
Location West of and adjacent to CR 49 and North of and adjacent to CR 72. For a more
precise location, see legal.
Parcel Number 0803 01 000081
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. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
❑ ,We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
C We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
•
I , , ' s ! r cj ' ire
Comments: (. (�.J'�-/'7 ,t_, Lv „ .t ; y 1J.,t( :., � .w7c . _ �;C/ YYI/�I[�1'.�i
•
Signature Zit},}i u7,.,-t Liz
Agency F7. 7( '/{ (<71//.4 i "?..it et Date
J
.1/Veld County Planning Dept. ❖918 109'Street Greeley,CO. 80631 •(970)353-6100 ext.3540 .•(970)304-6498 fax
11-22-OS; 3: i2PM;Eeton School Dist. ;9704545193 tt
. • • i'zt A 7 %.:C'AJ
ii rs t 4H".
County Referral
'Rik November 15, 2005
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Marvin &Mildred Bay Case Number RE-4296
Please Reply By December 13, 2005 Planner Chris Gathman
Project Four Lot Recorded Exemption
Legal Lot B of RE-1769; Pt E2 of Section 1, T6N, R65W of the 6th P.M., Weld County,
Colorado.
Location West of and adjacent to CR 49 and North of and adjacent to CR 72. For a more
precise location, see legal.
Parcel Number 0803 01 000081
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. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional Information, please call the Department of Planning Services.
•
Dir 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.
❑ See attached letter.
Comments:
Signature ` x air �nM+` Asat„AN Stkp4ntcn-t *trr "lad OS
Agency c tfTO4J S0.-Hoot_ %t -re.c-; RE-a. Date
+Weld County Planning Dept +918 10th Street Greeley,CO.80631 4(970)353.6100 ext.3540 4(970)3046498 fax
' 1-22-05; 3: 12PM;Eaton School Dist. ;9704545193 # [.
• •
EATON SCHOOL DISTRICT RE-2
Dr.Randy Miller 200 Park Avenue
Superintendent Eaton,Colorado 80615
(970)454-3402
(970)454.5193 Fax
November 22, 2005
Chris Gathman
Weld County Planning Department
1400 17th Avenue
Greeley, CO 80631
RE: Marvin & Mildred Bay
Weld County Referral RE-4296
Chris Gathman:
We have reviewed the above applicant's request. The Eaton School District has
a process in place addressing growth within the District.
The School District has adopted a methodology to determine a cash-in-lieu
payment for residential development within the District in order to provide
adequate educational opportunities as a result of that development.
The cash-in-lieu payment per dwelling lot is $1,043 for a total of $3,129 for this
recorded exemption. Payment should be hand delivered or mailed to Eaton
School District, 200 Park Avenue, Eaton, Colorado 80615. A receipt will be
mailed to the applicant and a copy to the Weld County Planning Department.
Please contact me if you have any questions.
Sincerely, 11
Timothy Unrein
Assistant Superintendent Business Services
Eaton School District RE-2
Enc.
Date Paid
Amount
Check #
Received By
•
44t "' Weld County Referral
Weld County Planning Department
Igoe GREELEY OFFICE November 15, 2005
NOV 2 ?005
COLORADO RECEIVED
The Weld County Department of Planning Services as receive e following item for review:
Applicant Marvin & Mildred Bay Case Number RE-4296
Please Reply By December 13, 2005 Planner Chris Gathman
Project Four Lot Recorded Exemption
Legal Lot B of RE-1769; Pt E2 of Section 1, T6N, R65W of the 6th P.M., Weld County,
Colorado.
Location West of and adjacent to CR 49 and North of and adjacent to CR 72. For a more
precise location, see legal.
Parcel Number 0803 01 000081
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. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
❑ 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.
See attached letter.
Comments:
Signature ' —1 D'
Agency \A/ (1 cp Date
+Weld County Planning Dept. 6.918 10th Street Greeley, CO. 80631 +(970)353-6100 ext.3540 •(970)304-6498 fax
West Greeley Conservation District
(970) 356-8097
Case Number: RE-4296 _
Applicant: Marvin & Mildred Bay
Planner: Chris Gathman
-
Below is a list of the soils and their limitations according to the USDA, Weld County Soil Survey.
Map Shallow Dwellings Dwellings with Small Septic Tank Prime Farm
Soil Name Soil Texture without basements Commercial Absorption Land (if Additional Comments
Symbol Excavations
basements Buildings Fields irrigated)
4 Aquolls Flooded Severe Severe Severe Severe Severe No
47 Olney Fine Sandy Loam Slight Slight Slight Slight Slight Yes
•
50 Otero Sandy Loam Slight Slight Slight Slight Slight No
I
51 Otero Sandy Loam 'Slight 'Slight Slight Slight 'Slight No
=
52 Otero •Sandy Loam Slight Slight Slight Slight No
, _
The West Greeley Conservation District recommends that the applicant does an on site soils test prior to any construction. For a more complete soils
description consult the Weld County Soil Survey or contact our office at(970)356-8097. If you or the applicant have any questions please feel free to
call our office.
•
t?\.5'I R1.\!U \'
Produced by the West Greeley Conservation District
• •
FAX TRANSMISSION
InglC.
COLORADO
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
918 10TH STREET
GREELEY, CO 80631
(970) 353-6100 EXT 3540
FAX (970) 304-6498
To: Terrawdsr" - Cedb Date: qjZ/Z$/°S
Fax: 39.1-2•646° Pages: / , including cover sheet
From: GhAS
Phone: 1�
Subject: P,6- tin (fit raS rr it
COMMENTS:
Q • REFERRAL LIST • . L4Z9`P
Name: 1� Case#: TS.
Count Towns& Cities Fire Districts
_Attorney —Ault _Ault F-1
1( Health Department _Berthoud _Berthoud F-2
_Extension Office —Brighton Briggsdale F-24
Emergency Mgt Office- Ed Herring _Dacono Brighton F-3
Sheriffs Office _Eaton Eaton F-4
f( Public Works _Erie _Fort Lupton F-5
—Housing Authority _Evans X Galeton F-6
Airport Authority Firestone _Hudson F-7
_Building Inspection _Fort Lupton —Johnstown F-8
1( Code Compliances.-Ann_N-Beth _Frederick _LaSalle F-9
—Kim Ogle (Landscape Plans) _Garden City _Mountain View F-10
Lin (Addressing Change of Zone) _Gilcrest _Milliken F-11
_Ambulance Services —Greeley —Nunn F-12
_Grover —Pawnee F-22
State Hudson _Platteville F-13
Div.of Water Resources —Johnstown —Platte Valley F-14
_Geological Survey _Keenesburg _Poudre Valley F-15
Department of Health —Kersey Raymer F-2
Department of Transportation _LaSalle —Southeast Weld F-16
_Historical Society —Lochbuie _Union Colony F-20
Water Conservation Board Longmont_ —
_ Wiggins F-18
Oil& Gas Conservation Commission —
_ Mead Windsor/Severance F-17
—Milliken
Division of Wildlife _New Raymer Legal
_South Hwy 66(Loveland) _Northglenn Parcel ID#
_North Hwy 66 (Greeley) —Nunn Zone Acres?
Division of Minerals/Geology —Pierce USDA
— -r
_Platteville Airport O
Soil Conservation Districts _Severance Geo Haz N V
Big Thompson/ FTC —Thornton FP? {4O Panel #
_Boulder Valley/Longmont _Windsor IGA? �f O ORD#
—Brighton/SE Weld MUD? PI0
_Centennial Counties
XGreeley/W est Greeley —Adams
—Platte Valley —Boulder
• West Adams _Broomfield
_
_Little Thompson _Lorimer
Federal Government Agencies Other
US Army Corps of Engrs )C School District RE- 2.
USDA-APHIS Vet Service _Central Cob.Water Conservancy Dist
_
Federal Aviation Admin (Structures _RR
_
over 200 ft or w/in 20000 ft of Pub s_Ditch Company, G�NO.
Airport —Art Elmquist(MUD Area)
—Federal Communications Comm —
• `L,�ol�,,s(114)
Commissioner
.lb Nif
— 1S
OP s
Applicant : MPvin & Mildred Ba?
Planner: Chris Gathman Case# : RE -4296
r �
R 49
• I
51
52
R 71 4 \
4
47
50
0.4 0 0.4 0.8 Miles
Weld County Referral Map
N
Highways
Major Roads
A / Local Roads _ \
I 7
l Vf Railroads W E/
/V Streams & Ditches
Lakes
Floodplains
S
• "�^a< � ur,--
- I
il' '''. SIM -- ii\ „tic
._ .. - -, \fit g`a,..„,..* oil ,
. _.. :4; .-.
- 1 Proposed Lot D
• { y ' Approx. 35159 CR 49 '_
. ._. : i i .41 ,
m
•
:._. A
IL
d.,.., A .. _
.c, tz
.__ ., . .._ __ iir.4
ee
th
Proposed Lot C Proposed meter pit .co
"r`, _ Approx 23751 CR 72 , for Lot D ,
fel ..kik ,....1!
- tr. II
II Proposed Lot A
4 Proposed meter pit _ Approx. 35119 CR 49
firfor Lot A jr-0...:L= ' k Proposed Lot BIIII oar" o
• 4 Proposed meter pit Approx 3500 CR 49 1, O �°
' '* forLotC i
\. ' WA7tF�TR.
#'' r. . { t� Proposed meter pit ,,.-,
A MO
..,� ,� • for Lot B Dm.Oct.IL 2010
A
I.v..
1 -Proposed 4"watermain (1340-feet) lir ( North Weld
t ___III County Water
Protected Coordinate Syne=NAD 8J StemPlane Colorado North Lambert Conformal Conic District
•
•
CERTIFICATE OF CONVEYENCES WELD COUNTY
STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES
COUTY OF WELD
The Security Title Guaranty Co.TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it
has been made a careful search o its records,and finds the following conveyances affecting the real estate
described herein since August 30, 1972, and the most recent deed recorded prior to August 30,1972.
LEGAL DESCRIPTION:
Part of the East Half of Section 1,Township 6 North,Range 65 West of the 6th P.M.,County of Weld,
State of Colorado.
CONVEYANCES if none appear, so state)
Reception No. 3125571 , Book 2003
'Reception No. 3125570 , Book 2003
Reception No. 1883166 , Book 961
Reception No. 1743501 ,Book 822
Reception No. Page 225 ,Book 1370
V Reception No. 1992625 , Book 1053
Reception No. 1783510 , Book 862
Reception No. , Book
The certificate is made for the use and benefit of the Department of Planning Services of Weld County,
Colorado.
This certificate s not to be constructed as an Abstract o Title no an opinion of Title,nor a guarantee of Title
and the liability of Security title Guaranty company, is hereby limited to the fee paid for this Certificate.
In witness Whereof, Security Title Guaranty Company, has caused this certificate to be signed by its proper
officer this 20th day of October,2005, at 8:00a.m..
Security Title Guaranty Company �__
1 �/% /�' �(�/% ._imss._.—
By: ,-;\
Authorized Signature
Security Title Guaranty Co.
3690 W.10th St,2nd F.,7251 W.20th St,Bldg.A
Greeley,CO 80634
(970)356-3200 - Fax:(970)356-4912
Toll Free:1-888-825-3215
0 • i
QUITCLAIM DEED
This quitclaim deed, made this 10" day of November, 2003, by Marvin L. Bay and
Mildred N. Bay, hereby known as the grantors, whose legal address is 36986 CR
49, Eaton, County of Weld, Colorado 80615, to The Bay Family Trust dated
5,11 November 10, 2003, hereby know as the grantee, whose legal address is 36986 CR
49, Eaton, Colorado 80615.
WITNESS, that the grantors, for and in consideration of the sum of One and
00/100 Dollars ($1.00) , the receipt and sufficiency of which is hereby
acknowledged, have remised, released, sold, conveyed, and QUIT CLAIMED, and by
these presents, do remise, release, sell, convey and quit claim unto the
grantee, its heirs, successors and assigns, forever, all the right, title,
interest, claim and demand which the grantors have in and to the real property,
together with improvements, if any, situate, lying and being in the County of
('O Weld and State of Colorado described as follows:
CAUL' PT E2 1-6-65 Pt Lot B rec exempt RE-1769 (1.29P)
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances
and privileges thereunto belonging or in anywise thereunto appertaining, and
all the estate, right, title, interest and claim whatsoever, of the grantors,
either in law or equity, to the only proper use, benefit and behalf of the
grantee, its heirs and assigns forever. The singular number shall include the
plural, the plural and the singular, and the use of any gender shall be
applicable to all genders.
IN WITNESS WHEREOF, the grantors have executed this deed on the date set forth
above.
Q
{
AT U E ( SIGNTURE
hat-oh �� Orn7
hat-ohL V% R NT ! d/NAME
Qct '\n(, L3nti,
PRINT NAME PRINT
NOTARY AFFIDAVIT
STATE OF COLORADO, COUNTY OF EL PASO:
The foregoing instrument was acknowledged before me this 10th day of November, 2003 by
Marvin L. Bay and Mildred N. Bay.
J` O 19�mupiy, Witness rm handrel �and{official seal.
•
.PP NAM AND SIGNATURE
Q• O�74VG 8= My commission expires on: oc )OJ )07
e, N.,
.4049,mmuay.
1,111157111,1111,112011131111,16.11:s
11 tiil iii IN N air
01 p g 0 too
• •
QUITCLAIM DEED
610 This quitclaim deed, made this 10" day of November, 2003, by Marvin L. Bay and
Mildred N. Bay, hereby known as the grantors, whose legal address is 36986 CR
49, Eaton, County of Weld, Colorado 80615, to The Bay Family Trust dated
November 10, 2003, hereby know as the grantee, whose legal address is 36986 CR
49, Eaton, Colorado 80615.
WITNESS, that the grantors, for and in consideration of the sum of One and
00/100 Dollars ($1.00) , the receipt and sufficiency of which is hereby
acknowledged, have remised, released, sold, conveyed, and QUIT CLAIMED, and by
these presents, do remise, release, sell, convey and quit claim unto the
grantee, its heirs, successors and assigns, forever, all the right, title,
interest, claim and demand which the grantors have in and to the real property,
together with improvements, if any, situate, lying and being in the County of
Weld and State of Colorado described as follows:
n 0 PT N2 1-6-65 Pt Lot B roc exempt RE-1769
6b lX- TO HAVE AND TO HOLD the same, together with all and singular the appurtenances
and privileges thereunto belonging or in anywise thereunto appertaining, and
all the estate, right, title, interest and claim whatsoever, of the grantors,
either in law or equity, to the only proper use, benefit and behalf of the
grantee, its heirs and assigns forever. The singular number shall include the
plural, the plural and the singular, and the use of any gender shall be
applicable to all genders.
IN WITNESS WHEREOF, the grantors have executed this deed on the date set forth
aabbove. •
,('` 1
SI GNATUR v SIG URIE D Y' A?n q
heti-WI A. BA./ /'1 , Ic{r2c{ iJ Bo ,
PRINT NAME PRIM t NAME
NOTARY AFFIDAVIT
STATE OF COLORADO, COUNTY OF EL PASO:
The foregoing instrument was acknowledged before me this 10th day of November, 2003 by
Marvin L. Bay and Mildred N. Bay.
p��U°0Bll°Bsish��� Witness my hand and official seal.
```�‘ 04***DSry/�S f3el.�rr.1i4
i -AND SI �1
�'• p,PY g N AND SIGNATURE
a Q• Q My commission expires on: O Sr) ) ,O `l
707E u .,
'somas
111111111111111111111010112J2
1�of �1 R 8.00 D 8.00 Steve Moreno Clerk 3 Recorder
ABl80Jlbb
i F+ J•!;.1 I':C 1: t S1 N. t,t;,y` 1.). 4:..JO I.00.I -
I MN(' :}Nt.i tC Ili h.':II- IIA'. CI I.kk N Ff I IIkDI W II, , I I I'nUACO11 C
RECORDER'S STAMP
-
THIS DEED. Mad.,n,:' I3 tit ,I,k,.: February ,w132.. - , •
\'ARVIN I•. HAY and Mill.DRED S. HAY. Os _.• '.
'flint tenants.
- _. . , -_..
l,r, ,,. :.:r:,r:.:,,:d NI ARVIN L. HAY and MILDRED . -
t d .
•
N. BAY. as tenant, in 001nmon, -
,,,,,lee. td re..:,lioute 1. Hoy 42. Paton, Colorado. 80615, -
a ::-:I.,. n, f Weld .nal-I. ,n
a
__ wars} ,._�.Tn.n.,;:l.•.a ,part Icy. r.•,,a t.,'„and „ n. I•rat„r ro:,.,.. other food - ____ `. __ . ._
.
.'"'l valuable consideration and TEN —_— -_- e
,. , .,:,,rare io.•the n t part hand ivl., ,said part iCs _ _---_ -- —__
. . '.,cn.hyc„„.,,,,,.,, , knan ,.le.d. haAC ,n., l,,...,,.„,i.„,,H.c„ny„,.,,,!a.,d Qt.IT11A I\.ED,„rid I,> ,,,„.n. -. _
__ t., e•,n,I, r,.n,.,. n.l,a.,..olicau,,ey..n.IQIIT eI.AIN'untotha.ald„art ICS„ t h, .,rmt part, thein,rrt..
C
,". -------,. ..c....nr.:,,,t..::..... re,*,.sn the...•! L.,n:..r..t '.:,r dad ',na.. v.hirh.l,.... Il:,r:IC5.,(, 'ra „r. •
- -..
h:.ve :.,:flat •'., , 'a.x . 1 ' ,;!„t .,,:,re.. ..I._. : I:e., ,. .,h, t':.:....;. _-
tccld.
See Exhibit "A" attached hereto and made a part - ' • -
a hereof by relerenca -
•
L.
p_
rr[
31 1L.i1(C:n/LFZY'Pli?1utUMMiW: f,
rh :t, :>[L'
\ . _-c:
. ,I .�:lO\rftl„ ,,r ti n..,x I tI 1' .._,.I, t... �. . .f tl, .a d 1. •thee::,
e l,.,,:•ndva t their!. . Ia-,,,,ta „ t,
IS t'IT',FSSNIli Itt'IFTb, .a:It:vt lC c Yr'.. :nt hart t:\^ Itr. .n ..t l lterl:n::dS
nl',ale td, , 1. ,.,a, .. -1 P nIM/: ,t L /5 IStal.l
,
tya . .eat {;u AI. nnl r:.L..lr ..r as An R .
I ' fj yll�'y2 ®qV""
Ilurcu - -.
[SE.AL!
_____. i ISKAU.I .
STATE Ft I I,RAI>U, ._ I
P.
t f Weld _
Th e,rr nrirrn,nt..a,zickm.x!edo..1lef•.. hit
h1 ,I„„,,. February -_ ---
• _ • R, 82.1„• Marvin I.. Hay and Mildred N. Hay. : o
>ty r,n,n::..::m .ydr,., \'try' 1:,. 83.a':n,,...,::.nand a::d n.r:,;:,I...::!. • -a-
• ... . ..
/
y' " l ( , ..
thane N. Suthc hand >.,. •r line. • _ __
c-. ° P.O. lion 326 I
J �' - •
Greeley. Colorado 80632 '
n .
•
�,,.v0.ern uv nrel: . . __
ti'
•
I
V
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lc+ :IIIs , II 10 I'I I LI, h is , ,0:0I I; lull L nllt ', . : If
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_ ._ • ftl
{ n I
' EXHIBIT "A" f f I M1 II
3
UI I
_ A tract of land located in the Southwest Quarter (SI11/4) of Section -Thirty-one (31). lilt; I ti
- Township Seven (7) North, Range Sixty-four (64) West particularly 01 the frith P _I.. We County, jd�4, f
Colorado. being more described as follows: Beginning at the Southwest I y
Corner of said Section 31. and cc.isidering the South line of tie SW l/4 to bear North F111 li
14. =t
90000'00" Gist and with all other bearings contained herein being relative thereto: F
I' . 1 Thence North 01°06'27" last along the West line of th t1,4 of slid Section 31. 4 .I
. nil
1,813.44 feet; trice South 580 3'33 Fast 18i u5 fee t'' nee North 39° 349" 5,,
• West. 191.97 feet thence North 01006'2: East.t 543.83 fret to the Centerline of ;n I i "11'1 I -
NI
irrigation ditch; thence Southerly along said Centerline {a ll he following -I$ 111
o ,! i c MOH; , f a, I',[3 1
courses andfeet;
distances: South 38 4'1'09" East. Hill
:l.s
South 35010'42" East. 458.94 feet. South 02014.4^_.• West __4..4 feet to the South lii is I 1
of slid Section 31 3 3 i4 feet to the True Point of Beginning. Said tract of land
contains 74.130 acre.-
r l 8 l
EXCEPT reservations as contained in Patent recorded in look 201. Page 71 and in I ;1
Deed recorded in 15o0k 233, Page 78. Weld County Records. r,;
' Together with Lot "B" of Recorded Exemption No. 0Su3-1-; RE370. recorded 4. II 1 ;
'-- February 1. 1979, in !look 559 under Reception No. 1780-20. being a t lr t of the East j tj I
Half (1:1/2) of Section One W. Township Six (6) North. Range Sixty-five (6655))) West of of , ,i
- the 6th P.:!.. County of Weld. State of Colorado. 2bri U-/,nt /C L, 9 # 1� w
rz jT
TOGETHER with 4 shares of the capital stock of The Gari ter and Weld Irrigation 11,1:1 f
u Company: o shares es of the capital stock of the iluidsor Reservoir and Canal Conp.any 2
° find 0 Ti 4,are. of the capita stock of he Owf Creel. Supply and Irrigation 3 a J
Comcnny, and tog thef with all water rights and a security Ia e.t in all wen 11, " s
uill nfotors. equipment and piinkle (stems used f irrgat-et o fine lands ;hFt 7,1.17.14y
-;;II-41:41,7;17:F-.-21.111, described above, including al, future additions to. red.. cem nts o.. or -ubylit itio ns y ii, +c ., lt
`or: and iii f i ' :-y
��
!..4i;;;....;,;.-2.,-;',-;.,....-', l tree of land located in re Southwest (a fir er 1 el xufca nn on< ( ii, �yf y
1' a a13 Township Seven ( 1 Non h. Range Sixty-four i f e t 5 t-. rtl I 1 and being c x x4 1g
i further d r i x0 1 ?h.' -`', - :. o•- .' , ,Tw[
31, and considering the west line of said Section 31 lo bear North 0100,3'277 East. i'x .*'-
with all bearings herein b.-sing relative
ate ti Thence No 111`;01/271 'st, along iii tisi s s
the West line of said Section 31. a distance of 1.813.44 feet to the True Point of
Beginning; thence continuing North 01006'277 last along the West st line of said }a'{j a � .
- Section 31. a distance of 688.47 fret c ..,h 88053'33" last. 03.29 fret to the l.MS ]it„__ '
• �_ f no. of ar :sass, r. rr d tcTh thence co .h 1°28 sass- n_f :d hobs P:st 3 A ri-wT7i�IdY"S+
_ _ _ _ :.t sass_ .'
line of said Section 31, a distance of 543.83 feet; thence South 39053 49" Fast !� ,yq'M7Aq
191.67 feet; thence North 88°53 33" West. 18,3.05 feet to the True Point of RZLIP, r.,:•Beginning. a . ,.a
a
F
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t)+4,0 v" Li'1';;t(11 I„ AID': hu nrl •I. ,..L. Ii
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I
()Ml` �,IIPII, , ,t l .. u, r " tr ,. n • d �
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1/4,.;; pie Iloi, I Iw i I )V+ r nn hr., .+ n t 1I
Illrl(b rLli h lE l`I f`
' IN it
f tl�e inn tr of Et l rt „ 1 Lr te of Color bh M the ( 1 II
i 1 Fri •' .
first rant d Pry 1 1nlat Rey anti 1.ldral I Paw, Rhin n ti ^ I 11�
3(05Ir U CA.ve fL,- I47r' ('1:,==�C (A- na'>, 1 f1
- - - - r of the (mutat, of Well an 1 St t f L ndn M the ) III
S f 01
O Ili 41.
", I sescondpart' 'Il ff
WITNESSETH: That the _d pie L f th f t for + le I f he sum of a1 .L
• .. P.P- OPH . GOOD AND VALUABLE CONSIDERATION AND TEN/700 —DOLLARS n 1
r
-a t the sn et part V of the first part d t f n 1 p' the r pt whereof is _, fl 1,i1 1 .
he bf e r 1 and k I I 4' a .J, h ;;;,,t h? their present, (inns
giant. ha r 1 - i n said t f t second t pass not t Y < mon r i 9
hut n t the heat their M1 a t 1 .and r f inch survivor former.all the fob �I ¢ ii rd
lowing ds cr hrd Iol el d striate,. lying and l ring the o N d l# I
Cl
county of Wed a^ri cat' of C.n. _, t6+ 1;:
_ !° t4 ..Jib
See Exhibit "A attached 'hereto end incorooratcd herein. _
— r I I 'I vI t
•
_. S.ole DOcurnenlcy Bee ( "v y ,�_:.
A
EB 3 19789,/ i� 4:4;:i
(
1 p
I ity
TOGETHER with all and g' d' t. and _ , lwlo grog or in any wise
��€ "`I
appertaining, and the r s ss and profits thereof; and ii '....6
all the estate right, t te, Intcrrn, ds ,, a f to 1 'h t.soever of t e raid t are Y of the first port either in
law or equity, of, awl t the shove 1 g' e, prang the I dit-m' t. I
en+ r + appurtenances
;it• TO HAVE AND TO HOLD the said premises M1 bargained and described, tlappurtenances, unto the I , q i."
. .. said parties of the second part the survivor of them, their 8 and t heirs and assigns of h survivor for- I ` 5a
ever. A'd l aid part y of the first part, for him i f his heirs. t aadministrators, do es g I
en,,,,,,, gr,,,, liergain and agree to ana isith the d parties f tIte second oart. the f C•^•, their
g t such that the t' of e II
. i and delivering g offe these presents, I JA^
II- d of the p o eyed, f good, perfect, d indefeasible estate
of Inbar t. roe simple. d ha R unod out,t f t- - - y t, oaegand t i up `
sell and convey,the same and form aforesaid, that the f clear from all former and I §gali' �". 1"
other grantr bangs n., sales, liens, taxes, a ,essments and incumbrances of whatever kind nr nature sees Iiii. '--
except taxes for the year 1978 and subsequent years not yet due and payable, a_,
patent conditions and reservations, mineral reservations of record, road, h
� hi^,'rrday and ditch rights-of-way and easulvnts. I , A `a -
to
Lr rt
_ _ 11 f I' and me alcove bargi ti ned D em ses r c qu n and pes[ul I. f the sad fart es of the second part, the 35i ,�,
i survivor of them their as R I. a td tl a heirs and assig ( ci . + agai st all and every person or persons ° ' a_.m -
(awfully claiming or to claim h c or any part tiumeof, the said party of the first part shall and will rJpR f A
—-" _ WARRANT AND FOREVER DEFEND.
.:
IN WITNESS WHEREOF the said part y of the first part ha S he ,,into set his hand and �p
aeai the day and year first above written. I r 4.,
.
d _
'served, Sealed and Deliverer' n the 1 reeence of + (SEAL) Iaxa i to
HARLEY KEITH TANNER -- n` ' I )
0
'n'..41.1•4'W 'Il y Y....
t n(,,ur g
(SEAL) 'Pa'.' t t
STATE OI CoIti(AD[I 28th :d -t el Weld. 7h<foregoing Instrumentnnenl wit acknowledged before rr lee this day of s* e
County
DocaNlgr to 77,by Ilnrlcy._Fcith Tanner _ All I
WI
A
I ul
Whams My Hand and O111 id Taal t' tt I
My Cann nlan Ra�.pa i 4. ,�11 I ti,-e u ,,
. Newry
F ° r,
Adds ..s5.` 1t +4Fsaa
a\� Y''Bd. Y k .V
• WI,r'tAHTY f)RRD—Te, Joint Trtnnta r«•ro—.e.r-s •DJ. 1 `� +l g "�"'I
t i W v"119,sbee.
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L 22 lw ,H,:11 I 171;,3111 i:.
I Chst Ia1rl - Chc 1 Psv:. r 'e rl - . "r
1 rrl ttu Col Its (<girl In 1 if 11 (ere, ' , 1
I Ili n1 'e. I r "liY I inn anr Ii loot If t ' east Iv ink , I i7
if • 1 � V
hr n N. ,.2 23' I 142 fort; thI 1 1' ' t I .- ,
• _'
I 1 •. 39 10' N. 700 foot; eh 1 N. 25 A 1 ° t r in Iron III"
I
. 1 he oast and West. hell" :Gordon line; thorns, I;I I I ' I I v rr,i
. rI,- n, 1cs to an m, n1r nn Uie el.; ' m,c i I 1a I I ;
J 1f n7 . 1.90 fc r Lhrncr J 70" 4r I'rrr I >9" ','tit
�.
__• fa el r 11. iron , m -1 "in 11 1 I 1 t l
." 40' 1 504 foot; Midi c 79' 10 E. 1.717 In 11 ,
'no odzl .sectiorline of said sort—ion; thence an a Son, r l f I . I u :loth if: [,- Id t see ton line 119 et La ,he paint trf Leg',•u e.ii i t .. I
'roe,•
me or less; .
ft":
rhc,,,ietTher with all rah,, tallc and rnl 11 11
—. ' .. nt-: and rlghCf o a us,: o i.at 1 I. rtc1 t e 1 [ I I I
-- li. . "
1 1 1 d: el rra1 propr including ng 2 ,'ea of l - c G'
. !,r r t . Weld Irrigation C e xanv, 3 shares of the capital o:- .. The .hndsor' I 'i�
serve L r s (.11.5 r2 Sc
1 Ccrv, a the
, shares ,,= ccr•it�l stork -
_
Supply a irrigation Company; together with an interast in all laterals to _arr/ }I.
t _ r_ ;mi..] 'Sala,.
..Ynv.rs�e4gg.nlyworsw __^... .as...,......_.v...�..—r..... I �s..
!!ti
r I .. �
P.NO 00 I ;. .
1; ;
I j
t 1. . 4 .
I: 44 „ r
•
LECA. DI,ele1I'd:TON b 1' 4 -
f,' ,u 1
' 1 land located in the Ia.-r half 'rot 1, "ow , , A
1r. West c the reh Principal eri ian Wc1 Sound', r .o orS
,
.., - _ _ nartr .,la-ly d :;...cr bed a follows: ,"1
'i
. _. u p '
_c^ t L Sunni-leant, orn•ro d .- t1 I se -di- r- - -• i
.:a of Sa1.I Section 1, to bear North r ..
. ' - I i. otl tnarings entei nod herein rc,.ativo t.1"r•,. . --
. __
.1.,, t so t rue or we t heciinnInn: i
-"her . nrth 4d° 50 r•" West, parallel with ch I:h 11,“ .
_. hh,..o, ,.:aru 111e nut's L, undery of a trace of Line, I - ,i
F., iel .,., nenl-1-453' lli and filed ilndOr reco .I1_„ u701..'.'
. ,rds, b': oho tol.lowina f-iur f41 rin.,,..r
d , u n'.
_ .. ,. ; '..
._ .. . ,. :I , '1.71 .ct. l,r w.. .y, . .1 L
. ;
^.1' 11.t 11'nr; , 1 .r. �. ut, r I I L'7..
„ .. •
+ `� ! tf:
'hr: l ,,,, tii r;ter1y bank of an 1rrinaLire :teh bo th, i i ti
''e-se HI Ir.,,-
I,r 1 n 17' 00 Woo., I / t. ' feat; _ 1 i. p
:furl 1, : ' 1r'' e0" Wert. I In,00 r nh;
:7I "p L`
-
'hi"I, In 4b' l0' II'd , 910.115 fort, 0 I .r Il v
I.
r'
Sent!.l no , r 1 o Anne v1 •Ni n,the I .nr,1 I'4I I1
Thee
I if,,
rol' A1h Iolnt 4i,r I Issoo • tumor of ill rl I inl 1 a,r r
it II oufh 19 ,l 01 I=. n 11 nn rh 11. 1 111 11„1 lh i
14.lel I o Il,
I I. 41 C.11..”II., me ,Lr � Kd al
y
rhea coot loll In h I P' 11 I . - 1. 119 '. I.I I.a v.' I r lt e
I' •,. I , 'I 'r I ,r I b 1 l , 1, 1 I '' r l,. i
a ::\
e JR
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W.iffirisrr MOM 615- , o
That ran Z. Moon, of the County of 7014 and State of Colorado,
_f the na...-a ter" ♦er ewA In nnraAeret1er ,f Mr nnn.w " hand' .ie.A Y t
hereby nulls and conveys to .•.ry E. Notre, Earley Keith Tanner and Elizabeth
i
Kay Tanner, of the County of Weld end state of Colorado, of the second pert,am t
not
in tenancy in rota but in joint tenancy, the survivor of them, their I
essl ,s and the heirs and assigns of such survivor forever, the following
ioe..I _uoart. =inhale iu the; County of _c'_ end spate of coin..rado, to-wit: -
£11 that part of the E:1, Sac, 1, T. 6 11.. R. 65, a. of 1OVII
P.M.,6th P. ., described as follows: Beginning, et the southeast
carter of said section; thence in a westerly direction along I i
the euuih line of asia section 1402 foot to the asst bank of
the ^,o. 2 canal; thence N. 310 29° V. 510 feet; thence N. 12°
20' S. 342 feet; thence N. 4° ,5' N. 1160 fret; thence N. 19°
.
30' '3. 700 feet; trance N. 2q0 50' W. 188 feat to an iroa pipe Q
• on the cast and nest half section line; thence east on said line
6h1 feet more or less to en iron pipe on the east batik of ' -
irrigation lateral: thence N. 350 29' W. 190 feet; thence N. 2'P
6' -", 117 foot; thence V. 290 O' 4, L; feet to en iron pipe on
n nest side or sehi irritation lateral; thence N. 2' Ln' E.5^; foot; thence 3. 79° 10' E. 1713 fret to a point on the cast —
section lino of said section; thence in a southerly direction i
along said east section line 3195 feet to tbo point of beginning,
conteini.? 133.34 cores, more or leas;
Tbrnthcr xlth all r1.pt, title end interest of acid party
of the rirnt pct in and to all peter, water rights a.nd rIrhts I
to the use of watm appurtenant to or used for the iail-at ion •
of said real property including 2 shares of the enpitel steel
of the Leiter Sr Weld Irrigation Coarany, 3 shares of the
-:pital stook o: The Windsor Reservoir & Canal Cooie y. end <�1'
60 shares of the capital stock of The Owl Creek ..apply& •
Ligation Company; together with LIP. interest in all laterals
to carry water to said lands; I
Subject to 1953 general taxes due and ;=gable in 195L, to
any installments and charges which may be duo by reason of the
inclusion
luon of ie_!.d real property within Northern Colorado aster I s
Consonancy 31st rlet, and to any irritation taxes end water or
r7f.•Cr'nartn fro- the year ln53; , t
.subject also to all reservations, exeeRlons, restrictions, !
Conditions, rights of way and essenents, if 'my, of record or
presently existing effecting the reel property hereby conveyed
Or any pert thereof;
i
with en nu eartnteasnces, and .n... th.c. title to the s•one except as to
1
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B 1053 REC 01992625 12/20/84 12:30 $6.00 1/002
`..y^ AR1992625 F 0243 MARY ANN FEUERSTEIt: CLERK & RECORDER WELD CO, CO ----
THIS DEED,Made cola 19th day or December ,Iv 84. FILING STAMP _ -
---- between UNION COLONY BANK _ - l
�,
- - c.a'c D-.cu men - < j
a banking xyaaptneitnd h organised Date__" ' 41) t1 1.. ,I _
and existing under and by virtue of the lan.nft be State of Colorado I IS _ 99 99, .. I
• of the first part and --_ -
---MA WIN r. Bay and Mildred N. Bay
3z .Yon. y r s.S e) �-•a '17'0.1,1,..
..rr ,:eia County Road 44 I ,,,....c, :¢ �
� .. .
.., Eaton, Colorado 80615 I : „.
orthe County of Weld
and State of Colorado.of thesecond part- - _
WITNESSF.TH:That the said party of the first part,for and in consideration tithe sum of •
- I° '
. -- --other good and valuable consideration and TEN I✓tl.I.ARS.
.o it in hand paid by the sz:d parties of the•,rood part.the receipt whereof:,.hereby roofrear.. and arYnr,u l.Ag.A. 11
ha.granted.barnlned..sold and eonseyed and by these presents dour grant bargain.soil ennse,and confirm unto �
the.a.dpartesof the.erond part nmi sr.... •h.. ..,......• .r__ , .,vrrs ,1.
an.l the heirs and assign,ofwh n es
esureorforever.all rho following orparrel or land..ttate king • -
a.abe:erg in the Count, or Wald ln;.
- wit1)
. •
SEE SCHEDULE A ATTACHED HERETO AND MADE A PARE HEREOF BY REFERENCE l'
7
•
> ,� I, 4 •
a - \ fstreet M
M .An number
I .
!mown
with all and singular e n d enl and pp rtenanre.ther.ant,belonging er Jr, sirs se
tn.-elate.right.t lle .n•---.t.rla,rn and remand
' t_. h
pas.)ofth part.either in in,nreiii.,4
of.In and( the harakiri premiss, th h h l pp {
TU HA)E ANDTV HOLD tl ,M 1 g f tI t 1 with1 ,, h -ail krY
P. piths...fond r art.theof them.their d the h d',signs h - A 4 TI •]Y ' { ,
-r--•-`a the said per.ynf:he Lr part.C.:- - Darra,riarelagree
lf' Flt rah Thera 1parb.-cf: dcurt.t ft Ya .14 1 h \ l l assigns r h aror .f t.
b, that r tunnel )- Y dal ftl (. l seized r p Is A 1 ;41 I:10 a a (:
1, ,P..e •"-a d I r )t.r b a•c ....II d h d .. 1 1 t h \. "1 •�.:f (L
I
r • --, ' "i17mortga e from'John C Carlson and ,h rinr A.r dl .-.-+'� k " ., .c,'"--
..:.%,,,..,,,.;,.:".„.4,1-...k..„. t era! r - a- if ' a, riven secure the sur- 0 00,i.100 _co c t� r -
a. . r c m•v 2 1977, it F`J4 517 as kac Ftior Nr . 1 n- also S! .f E I n w s„ rr >, "
10or he year I'9 4 clue srd payable in 10. an r r f r.^ C nro er y ores , p.e r
S ' i t.,ht. i(-wa yr . JRI \., re - Ia.1en tr�Gr o is ac .e-unis [+c"', a
Y, cO Rr.u.Its, net Dr;r --- a-.. A "!,nrnPnt 5fw.•,{a: .s, rr, Lu s n ti
4"f CI !^Gerd. :1 anyr qr.=x�. _.-c•.t Y
anal:..acne a _ the Ipr 1 pansy Ip II.aids neennd Carl eke.. ntrf f
ela psi! t r t e o all t•pa.r h :remain It ArtK `L.Il.
flaming i 1 pan. M.lev any p- r the n.Wuu.Y of thy.ors part.M1.Il and wilt KANNA]T All. - --pei--
e :- YDRE\'1R DEFEND
. i-•: _ ".a.se- •
_ I1IM1 WITYESS N'HERRCR The old pony a/lM r, Ip el ham caused nsrnrptnte nom. he here mto•al.vrd'd
F .u..1 C/ - Pr.etdent and it corporate seals.be hereunte.gaed.attested by rl. -'��"")"-'I-•- -'
1 -
`.:fFo. C0•.• heeretarr.t heday and year first a.,n.e.,Iren - - i
i$ '.m oir.
ss�
- •
v ti l
SPATE OF COLORADO iwrence W. Nredi I -
_- — P.
e .'nkaedF .-ale-�-cam rJ •rr,N r0r0 , AM1
•
7 _
-- -- — —__- untr tr Weld i a.. ....1 t
_ The foregoing instrument was acknosirdged before a this 19th day at December . -
---a -- it 84,by Lawrence W,Menefee as President and -
john W. Kinkade as Secretary,!
a. UNION COLONY BANK, a banking corporation. g��• - -
' -- My notarial cummiulonezpires .2 a _5 _" R -
Witness my hand and ofr seal, : O;' -fi er VNU
e is.• 711& :rte'
: 11/1:.1 11 --`-%1 11.J1f4 �e y••d l h
r. 55,trr„ V.
In s tS'r 9IV PF_ 4 orb — - .._.
f_ rl F. all .$$:C- * . .
.c_ a:. ..
• - .. .. -.. -SAO:
Ve-m.>•1er.tyn peen.Ir�rwPYf�uhwrnr.n 9:Nrn.a ...r..v.xa v 1.4-atl.rim ray-,..NM1, ,... k
1
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1053 REC 0/992625 12/20/84 12:30 86.00 2/002
.. l F 0244 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 11 j•'.
ORBS _
SCHEDULE A
rte€
A panel of land being part of the South Half of the
Northeast Quarter (SINE1), South Half of the Northwest Quarter (SlAW1), -
".. and part of Lots Two (2) and Three (3) of Section One (1). Township
Six (6) North, Range Sixty-five (65) West of the Sixth (6th) Principal
Meridian, Weld County, Colorado, and being more particularly described
as follows:
• 8ecinning at the Northwest Corner (NW Cor) of said Section 1 and assuming 1
the North line of said Section 1 as bearing South 88"29'05" East with
all other bearings contained herein relative th°.t,.,.; .
Thence South 88°29'05" East along said north line, 1421.06 feet to the -
True Point of Beginning:
Thence continuing South 88°29'05" East along said north line, 122..4 feet; -
Thence South 44°46'38" East, 203.14 feet (Rec. South 45°17' Fast, 206 feet), I l
Thence South 37°57'12" East, 344.55 feet (Rec. South 38°33' East, 349 feet); {{
Thence South 26°20'08" East, 87.08 feet (Rec. South 27°04' East, 88 feet); r
Thence South 13°49'30" East, 111.17 feet (Rec. South 14'40' East, 112 feet);
Thence South 48°54'08" East, 202.04 feet (Rec. South 49°21' East, 205 feet);
Thence South 40°44'21" East, 486.50 feet (Rec. South 41°18' East, 493 feet); i e^'--
Thence South 62°20'24" East, 177.15 feet (Rec. South 62°25' East, 180 feet);
Thence South 75°14'56" East, 65.24 feet (Rec. South 75`., East); ---:--.
Thence South 64°00'02" West, 247;02 feet;
° Thence South 25°59'58" East, 574,23 feet;
Thence !kith 64"00'02" East, 417.59 feet;
Thence South 32°02'54" East, 138.07 (Rec. South 32°43' East); 1`: 111V1-
Thence South 24°23'5d" East, 122.76 feet-(Rec. South 25°09' East, 124 fret)' II •?
Thence South 35°30'22" East, 297.36 feet (Rec. South 36°08') East, 296 feet);
Tnence South 48°36'53" East, 159.66 feet (Rec. South 49°04' East, 162 feet);
'.hence South 28°17'23' East, 229.49 feet (Rec. South 29°00' East, 232 feet), .,iwv ,
m ,:,�. •� .. Thenc South 19'58'28" East 15 95 feet (Rec. South 20°46' East, 117 fent);
Thence South 94'43'15" East 195.27 feet (Rec. South 35'29' East, 198 faet) to
x�"` ""''°" cr,,. r point 00 the south i5nv of the ,tiE}; ,)+°*-L"-
ecaft.tk ; '1°" '` `i Thence North 88°10'24" West along said south line. 819.58 feet:
Thence North 26°43'32" Rest, 51.13 feet;
!hence North 10°56'41' West 375.49 feet;
Thence North 12°18'18" West, 238.25 feet; Y
s Thence North 33°43'44" West, 2424.72 feet to the True Point of Beginning. ,
Said described parcel of lard contains 21.029 acres, rare or less, and
_ - Is subject to any rights-of-way or other easements as granted or `. I - v
reserved by instruments of record or as now existing on said described• -
/// parcel of land.
The above tract is also known as Exemption
\ i part of Amended Recorded
No. 0803-1-4-kL-370
_ T �
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t.. end :.Ids? .___.— I
r. .., r '. i.. -
._County o` 'its
andte or enloradn,ofthe SPCOnd P INF:ecI7H.that the aid part leSof first parr f.,r and in ._ns:de a
art.
o,..,c.tu ,i
Good and V fl aab Conn id•_anti ions and Ten and
no/. d(, OOLT.AFS,
Iii h said part 5,25 tl.,first part Ill h n . i,aid by the sa:d parti _-of the spend part,the receipt wherrnf is her,hy
r'r r ..- d and ark,, ledeed,Ita v
rani l i t F our 3 r
Fran; e d c ev y i andthesepresn silo —
e,un 1 - t ,.vand t ,irm nt h ud parties of l he second part,their heirs and assigns forever,not in •
t, r t .roe t !WI ' r ,. . l the fotiea'ng descrbed lot Ov _
•.i !, Y. parcel— of land,situate.tying and being in
r Leld and State of Colorado to wit: r
he .,tzibie attached hereto and incorporated herein as though fully set for[h I
herein.
***'in Book 201 Page 7i 3ook 233 Page 78 and Book 1452 Page 464;mineral deed re-
corded in Book 796 under Reception 4o. 1708181;oil and gas lease recorded in Book r
787 under Reception No i7t
P '19��7, all� �recorded in Weld County, Colorado Records. ,. �.
•
also known as straet and number YET.
—
TOGETHER with all and singular the 4LL i R here ditaments and rp rtenances thereunto belonging, or in anywiseA. n,' t? ae
appertaining,the reversion and reversion., remainder and remainders.rents,issues ky
estate, right, s res and ;.-oL•ts thereof;either
P and ail the >• `= ti-«m title, interest, claim and demand whatsoever f the said part ies of the first part, eit in law or
equity,of,in and to the above bargained premises,with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, w xv
said parties d the second with the appurtenances, unto the )' •part thou heirs and assigns forever. And the said part des of the first part,for them— �`
selves. their heirs,executors,and.ul rn t.-tr tar. do C>i y ,7�
covenant,grant,bargain and agree to and with the
,aid parties of the second part th T heir and assigns, that at the time of the ensealing and delivery of these a >f ..r
Presents are
they -11 seined of the premises above conveyed, as of ood, asure,
5 g daw perfect, htte and indefeasible yy
estate of inheritance,in law,in fee sample,and ha ve good right,f�. 'or and lawful authority ors yy �`sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and n.
R 4 ' k� s
!a sy Via,�t 1
otherprartc,bargains sales,liens,taxes,assessment and encumbrances of whatever kind or nature soarer. Subject �� w°• „
to 1979 taxes payable in 1980;ordinances,governmental regulations,building and zoning ordinances;rights of way recorded in Book 86 Page ?
highways,di tches,utilities,reservoirs,canal.,pipelines,power'lines,telephone troa lines, +c m e' k'
wafer lines,railroads and rights of way _,r
g and easements { erefor;reservations recorded *** r , Pe
and the above bargained premises in the quiet and peaceable possession of the said parties of the secondpart,their '�"
heirs and assigns,against all and every person or ''"•�" °' ..sE
persons lawfully claiming or to claim the whole or anl'part LheraOf, k.' S "+
the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND.
part es
IN WITNESS WHEREOF the said i
seal S of the first part hp V2 hereunto set the lBand 5 and
the day and year first above written.
Signed,Sealed and Delivered in the Presence of r� .d
—6----�'.----•SEAL) _.f .I
Harold F. Conaway
SEALI---- onna L. Conaway
-__
(SEAL]
STATE OF COLORADO , s-
County of_ Weld Jss
. 1 :
' Thin foregoing instumenta's- -k-;,,,w lodged before me this g' „f ?larch
•TrIn
Ire Hnnth 8i 3R �.. +
._ +:e q. t :art �i^.' t ",.�., i.... � . "
_lL'c C the OU 1
',d. Lot - is -
___ ♦45 vc. , .13 Lent;
NorthIre
53" East, 765.31 feetto the True 'oin'
thence ':orth 53°lc'G2 ,Jest =,08.05 feet;
of ._ `_..... _ .
thence North 21°52'47" hest 888. 78 feet to the North line of the Southeast
Quarter (Si'./4) of said Section 7 .
thence .along said 'north line, South 88°10'24" East, 151.04 feet;
thence along the outer boundary of said Lot rrB" he the ,following Two Courses:
a Sect''L 37°12123" East, 8.9. 73 feet;
South 0 ,2'53" West, 357.27 feet to the True Point of Beginning.
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BOARD OF DIRECTORS I-1 H NORTH WELD COUNTY WATER DISTRICT
/
CHARLES ACHZIGER 0 �\` 32825 CR 39 • LUCERNE, CO 80646
RALPH PRIOR DON POSSELT, DISTRICT MANAGER
NELS NELSON ) Q
GENE STILLS 0
L t°'1962"E° A. P.O. BOX 56 • PHONE (970) 356-3020 • FAX (970) 395-0997
ROBERT ARNBRECHT �'r ,5
wnTea www.nwcwd.org • e-mail: water@nwcwd.org
October 14, 2010
Marvin Bay Wayne Howard
36986 WCR 49 800 8th Ave., Ste 323
Eaton,CO 80615 Greeley,CO 80631
This letter is in response to your inquiry regarding water service to the following described property,
Approx. 35119 WCR 49, Proposed Lot A;Approx. 35047 WCR 49, Proposed Lot B;Approx.23751 WCR 72, Proposed Lot C;and
Approx. 35159 WCR 49, Proposed Lot D in a portion of the SE'/ of Section 1,T6N, R65W of the 6th Prime Meridian.
Parcel 080301000081
1. Water Service is presently being provided to the above mentioned property through meter It
2. North Weld County Water District is able and intends to provide water service to the above-mentioned property, provided all
requirements of the District are satisfied. If contracts have not been completed with North Weld County Water District within one year from
the date of this letter,the District may refuse to supply water to the above-mentioned property. The District reserves this right to refuse
service, in the event that raw water is unavailable, and/or pipeline or Filter Plant capacity is not capable to provide additional service.
Before a water tap may be purchased,the applicant must provide a copy of a Warranty Deed,a Physical Address,and this letter.
3. As additional consideration for this Letter of Intent to provide service, Property Owner agrees to sign and execute any necessary
Easements and Rights-of-Way regarding specific locations,widths,size of pipeline(s)and descriptions for Water Lines as determined
by the District. This Agreement is conditional upon execution and recording of the Easement and Right-of-Way Agreement, and until
such Easement and Right-of-Way Agreement is finalized to the satisfaction of the District and recorded, District shall not be required to
provide any services of any type.
4.The District recommends that based on the number of family members and livestock along with other information provided in the
Water Tap Request Form,your irrigated landscaping square footage not exceed approx.6,000 square feet. The
recommendation is based on the Full Standard Tap allocation and should be utilized to optimize delivery without surcharge. Additional
allocation should be purchased for landscaping areas larger than the recommended area.
5. The District recommends that anticipated raw water be purchased through the District. The District guarantees treatment and delivery of
raw water purchased. All water that is delivered over the allocation (with surcharge) is subject to water availability. Water
purchased through the District shall be 70%delivery of an Acre-Foot of water,if the allotment for Colorado-Big Thompson(CBT)project
water,which is determined by the Northern Colorado Water Conservancy District,is 50%or greater. North Weld County Water District will
restrict the delivery as necessary when the CBT allotment is less than 50%. A portion of the Raw Water Fee is utilized by the District to
construct storage reservoirs.
6. Tap Options and Requirements
Raw Raw Water Plant Distance Meter Water Allocation Plant Investment
Water Storage Fee Investment Fee Set (Annually) Allocation
Fee (Annually)
Full Standard 100% 100% 100% 100% 100% 228,000 Gallons 228,000 Gallons
Tap
Lot Size greater than 0.33 Acres( 14,500 sq ft)
75%Tap 175% 75% I 75% I 75% 1 100% I I 171,000 Gallons I 171,000 Gallons
Lot sizes greater than 0.20 acres(8,800 sq ft)but less than 0.33 Acres(14,500 sq ft)OR
Restrictions
landowners with verifiable irrigation rights or well permits for outside water use
50%Tap I 50% 50% I 50% I 50% I 100% I I 114,000 Gallons 114,000 Gallons
Lot size less than .2 acres(8,800 sq ft)OR with a Board Approved Irrigation System OR a
Restrictions
Board Approved Commercial Enterprise
Conservation 100% 100% 0 0 100% 228,000 Gallons` 0 Gallons
Blue Tap
If Qualified,taps may be used in combination with Conservation Tap(i.e. 50%Water with a
Restrictions Conservation 0 Plant Investment)
'Gallons may vary depending on qualifying combination
A tap may be allotted more than 1 unit of Water and/or Plant Investment. In this case the allotment is the class X
228,000 gallons=Annual Allocation.(i.e.Water Allocation 5 x 228,000= 1,140,000 gallons Annual Allocation)
Surcharge will be assessed when an account's year to date usage exceeds the Water and/or Plant Investment Allotment.
See Page 2 for Rates.
N:\Legal Documents\Letter of Intent\2010\BayMarvin_HowardWayne(10-I4-10).doc
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BOARD OF DIRECTORS H NORTH WELD COUNTY WATER DISTRICT
CHARLES ACHZIGER 1;1, � f 32825 CR 39 • LUCERNE, CO 80646
RALPH PRIOR
) DON POSSELT, DISTRICT MANAGER
NELS NELSON
GENE STILLS
0
L 'Ars�E° ,��' P.O. BOX 56 • PHONE (970) 356-3020 • FAX(970) 395-0997
ROBERT ARNBRECHT 'r s
V✓ATER O
www.nwcwd.org • e-mail: water@nwcwd.org
October 14, 2010
The Tap Fees quoted below,shall be valid for ten(10)business days from the date the applicant receives this letter and the tap
fees must be paid within the ten(10)business days to receive the fees as quoted below. The Meter Set Fee as stated below is
valid only for the location shown on the attached map.
After ten(10)business days,the costs will be subject to the then in effect rates(current cost)established by the District. The District is
not responsible for notifying individuals,banks,lenders,prospective buyers,real estate agents or anyone else,in any manner,of a change
of rates and or fees.
TAP FEES(Assumed for Full Standard Tap) INSTALLATION COST
Raw Water for One Acre-Foot Unit(AFU) $8,500 Meter Set Fee Per Lot $1,400
Storage Fee Portion of Raw Water Fee $1,000 Line Extension Fee, Proposed Lot C $22,075.00
Base Portion of Plant Investment Fee $7,500 If 30-foot Permanent Easement is granted adjacent to
Distance Portion of Plant Investment Fee $6,000 WCR 70 for the waterline extension then the Line
(20 miles) Extension Fee is reduced by$8,500.00
$24,400.00 Full Std Tap, Proposed Lot A, B,&D 1$10,900.00
TOTAL Up-Front COSTS For STANDARD TAP(See Conservation Blue Tap, Proposed Lot A, B,&D
Paragraph 6 for Options)PER TAP $46,475.00 Full Std Tap(Incl. Line Extension),Proposed Lot C/
$32,975.00 Conservation Blue Tap, Proposed Lot C
Price is valid for ten(10 business days from receiving this letter. _
Minimum Pressure 35 psi
Normal Pressure Range 45 psi to 70 psi
Maximum Pressure 125 psi
After the water tap has been purchased(Raw Water AFU&Plant Investment Fee)the applicant has one year in which to have the meter
set. The District requires 45 days prior notice to setting a meter. If the meter has not been set within twelve months from the purchase date
and the applicant requests to relinquish the meter,the District shall refund the applicant 98%of the purchase price paid by applicant. If the
meter remains unset for thirteen to eighteen months after the initial purchase date and the applicant requests to relinquish the meter,the
District shall refund the applicant 90%of the purchase price paid by applicant. If the applicant does not choose to relinquish the meter
within one year of the applicant purchasing the meter and the meter remains unset,the account will begin billing the minimum
monthly amount.
Usage Rates and Fees
Usage Amount Charge or Rate Per Month
0 to 10,000 gallons $29.00 Minimum
10,000 gallons and up $2.90 per 1,000 gallons
Water Surcharge
Surcharge will be assessed when an account's year to date usage exceeds the annual water allotment. Currently the surcharge is
$0.10 per 1,000 gallons in addition to the standard monthly usage fee. This fee is to recover the District's cost to obtain additional
water rights for delivery.
Rate Differential Charge
North Weld County Water District's customers have the option of transferring Colorado Big Thompson(CBT)Project Water that they
own or control to the District,on an annual basis. This water is utilized to increase the amount of raw water allocated to a tap. The
District will treat and deliver this water without water surcharge. A Rate Differential charge of$25.00 per acre-foot will be assessed on
all of these transfers.
Plant Investment Surcharge
Surcharge will be assessed when an account's year to date usage exceeds the Plant Investment Allotment. The transfer of additional
water will not remove this charge. Additional Plant Investment Units must be purchased to increase the allotment and reduce the Plant
Investment Surcharges.These rates are in addition to the standard monthly usage fee.
0 to 456,000 gallons above the Plant Investment Allotment $3.50 per 1,000 gallons
More than 456,000 gallons above the Plant Investment Allotment $1.75 per 1,000 gallons
Sincerely,
Alan Overton
North Weld County Water District
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