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Home My WebLink About20051231.tiff IIINIIIIIIIIIII NIIIIIIIININIIIINIIIIIIIIIINIIII °'h 5.2}C5 �_ noon'14Rp°'�'Mw�' RECORDED EXEMPTIONNO. 0807-19-1 RE-3948 004 200W29]RE Bcau. 524 ' Lot B Of Recorded Exemption No. 2767, Being Part Of The North Half Of Section 19,Township 6 North,Range 67 West Of The 6th P.M., 0941/411318301(. County of Weld, State of Colorado 004005°9Y. LSP cSPIYB5RT0 C6O.1IHI 011E[.34,,,40000 11.311 Lot 8 of Receded i1-4E 2717.es'worse,°yet Ie,2000 at Ire. nthNa.27878914, Inn,w`em of w,,Slwt..ec=N«Nfl•-of-au pen n,.nmt••w•401,00009414,,,,0,101„,,o, • g No Records of Wed°Mony°.n�pod of oath 0nl M0/2)04 Section Noels.(191,i,nerve St X«00 wee M1.tk9 le,ewq 1=4tnmF• •p09MY daodmy>•✓'a^Neevl. (y-51-106 0°0911. IT-pJ.ends S.Tvan (ere)of u.SUN Proceed**km(am 1•11.). ntr el MItt Slott°I oll),• In 410 2td11II •d.beingRth see aen•At lo emcee Pm=M of lore heyday„NT me FL i own the ttaane mq. understand .oP:t I.I«at•d in N.p(jg4Coi wminwn e.e'r1 1. NOTES.ERrw THE GCNNi( dn°Ht.n<•d to pore•amt for to.cwNe of 0me,due Cy right,„emery o e v i , f)Alt*w mitt*stmt.*III Ma me°rrl'mammon,.ray the zone OI.Y ((�� . 1 Omen* ^located. P.nrm to the tC„Md n of MEwk a 004'9,444 000449 W.Iho,49119.4 nth*, a Mcal.Iw the benefit of the pm•.txl•t)*awn w*newt hereon .01.1,4 for the purpose '•w. the «n,la4..a.way a. No p w.00400',as*Wad a4 Io441414 w -0e4'hn(nsN,. cameo**00104 a.linen Al.6.E.R.I.41,044 Sctm 3,21 or the 2003 latl90i limited &A419 044e. 9 4(./"'� =affiancel`�u w%°i Section 23-C-10 of tt1«end Coo ty %ail�ua�ar maw 114.4°.m ll•�� y £ 'm^ �w,V _ .o,Mn.fw°'uwithin °f of ran s14 f5 401°f to 1.4410.."06 Tw.. 2)MY Mew ama in*w an•m m gpa«Fle snag m - ]3)LLo F 4°t 11,.3610 for a mtame Mod emanate F waw4mn•IN Seaton 2�8-20C.101 un Wad Comfy Y 410L61N fF,�Fif a 4)T 0091 044 p119af Lot B Iwo•001(1 the Headway m,l,04 (1010.trs-210 of 44 9,.4 004(99 C�11 544144 4 l'dMad ) 1 11114.11 .m.dm.11 447wm.,010 0»4 the Mu'y M 6LW a Y 1111 crib id ,1 palm a.:�mlm na�:It the Find.ay Beal me No exception of na°�°°Nd„co :e.°p; a� • Weew.�certificate ado 9.4 4140 me by eater BRfW llell, baidings. VP 5)AM o•Natim 4 *Posited an Ogden.Emerges Iles. 41 n ay of YFMl5t L___— 2B�. I 5)AM 'y Panel *02(9.mm o and Roadway Agencyo 4mwu Community 2i 1991:nil�2ee 09 haw mohair me bonnie 04 one 3, 1 m*Halms K/7/07 wl Pwll September c9 0414? m.Plead Ia. (*day Nat„bonnie of amt.35, MY c°II1m nI °Y = N,`{L�Q/[�L� each.V.Olden a of the Weld Corn submit h a(/� r o5y� N)PMI°N N•.Nnu ar 1114 1114 Io a 11. 9 permit shall w t 0 recorded deed**rang Inv lot.14 .. 4499*mat„notion mPllaauw. m ya 4000 4004 00,0'1100 a lude e lot(gw MN wmrw..m41. al In.I111eNmw.d sh rm - N.irott.-0,_F-- � I o / I (SE, 7)NNb the Sag 1 p t Mal,pent,4044 to N•Owl nn Ill N yM n Mat L na B m wooew tp'a 40000,wally 00400' Cw YNY(1g �• m Odor m the. w o-,g°em. na 1146°.0000. aPw t mold candy m 3 n 1.4X19•p, •nor* ; 9)911.4*Moo lords.ant w M•4007.,7 or 11004•n4N111ed n 4 rim It 4 the =p=°4 a - - --_ 09 T lap tAo�ere ty�I e•ww�.ale for cw.nall g Ng nos on seem,pursuant to Top*IS ®1111 5 0 _ �._ —. . or tr. - IC)4401419 permits 11101 I.mtaan pros to e.,.ds, Bolden NM meet Me de nlo,of g- \ I oJ , m H7��ua,00Ldta<d..:a°wlele440.-n SecBo�2p m 20 M M MS°thlm°r 0444t alMid 'r 44119**ea mew t e...the for Y 11^=1 nag w O -�—M-tor 1/1 \ •ol.for**Nag or washing al net ° e O O 0 0,': 9)pL6w hr M 200.8 W .e w 1•proposed ate will b......d a act..to the M o V -3--_ e • ee99 a u,,,,,.a M, u•"Mania 4400 moo°Maiim' • O 0C m.o.,p tm North w al .440N•nt awl.°I NwMyl Quarter or Section 19 1.640 WS*'. a. 12)Prier'n the release of 1°14"9 want. 0046 with mt news*Tae"/Cty 402 14 w •V a 4900 sr East,being a N e Bn,49 of u•Caw*°Sta.None Coordinate S�.n North Zone.N o 46111 N ad.m . Ma lot F. In acct m«•h N. v 2 3 _ o th no *orlon 0 too 19444/9x1 a Caron°r12301.92 001.nn w 44.44',.30 contained 4.1111'skate 010 4 4 m°, (ao�- °I u. =P- a.0004 m.n..00°004.W*Sing to wed u.° % ® o 4 am w lt 04„way 100.1 44 „Ft,y °w om .wa4PN.a hn w n n l manl9 PION To Fenn.0014. wn a u.9,114 ,GU*.ro°ea,22-E,.1d,be d«4 Mth Stier". �� 5 H MAIN STREET 3 Imo_ g g on tr.Piot - State Highway 392 IIIJ rimslraa*p et*Ord 143 11*4400.®4'MINTY Ens 4vnsW- SITE �� `ISM '{ 1 ®®��'Meldp� b 11 m� *poet*191 11000°4*by the Biwa of con,c44.nW,1o.,m red 00116 Wale M ` nXL ®� 1` (711 n TM..M'.lekl.aY 4.0009<RI�Ct'.° Br°MUM'S waT m Ees5 slemEnl i :y ■I®v �'Y-,. r , `s� 201 rte_m,4009 044 the„Neat. of 9,4 C Weld 011419 4 one of most 0000°11, a menthe F the Una*Not*.'06499 eTeF Ida 0404449 " /maa of ng�t40 products acid.No rural e:lntrw94d Cony they e. .4 \ '`/ a r I R F i f'`l°da'w1a. aaw""ir w��6.:411"11::r�411°viI`°cod.Ma.. 9 ■ c44r. 'e°`4'Ef c cwa�i.!' I f�;. ;.41141:aacl.In.law.l.a or... 900,C.M. m ram 4 men ers and way of Seas 411=1004 ...u > >- = ✓': i \ ■ ; � Dn ' 1,1 0 [�/]�� /� I s" �• fedrn el°l of tl0•attract upm d..f.,congeals* Wheat 9S4<w",y 4 Idl a for T ate Z F ---- ,II ' Ius nehed to 3 n°'w4.Y'Wa/I3I \In- / «9,0.11.,..*,44449I1>4144„„22,'•v0emnlw.• (bong! nn0 n 04.11.+00.4 07 01100 0400 9111 111.4 0 0 1 9 IS 'Ea I•l •r ; a m T' •inn....° a their lulturgi anti,°� 4 and4* 2p 10 'orris a.R N m•Mar' wag 914,w1and a1 Nds mare .era - — *.m. .1rn a1m I�, ��Qry�"-//V��'' �l >, �/ - me an na..tl a..melwm.n u. w V ... �r co eY� IW12%Vm �II�M��.. MOM .^per^e um *la '�1,°xp�nrin.;t'4N�r,.°rn;'(1ase,Im1`Ie gelds wham°.nil��.:::,ik Mimi i V-N<) o ��4 n i • c w ° •N• Sf3Y 2 0- S W NM oe bo 40819 tin 110 rot it.fool to w „°Ie ; 1 'O 0 W „costly rtononco if the 119,,100 0"e°°'°e,III' m, n.100114 m.Irem w w«uc..Mal n.e00nm>0 g 1\ -_ //�� `2. 1 ' ° Weld Manly that three 400r.«(3�i00)m(.oof eat*cad sae(Peke m°n1y11 se.lie — _ -O_000 3 _1 . -. f�:` (n ""w _mho 44,'5 — tit lel th«t•,a N'00011th . ,w.040 Yet in no.await woaten�n.4 001,114.11,a Na w,. a N... sneer a*than;'nF'm°;f'ecwr ob...dep.4 '� `must a"`.sr`a Quay d::rgerRY VICINITY MAP 2, e0*44 a1 my*Mot a hooding,4.%.11.44. 1. We. ..protection.°14 prodded a 010 100 who must n oenme e*,mace edam n M eon ate,Me Otto of nth=(1.0000.4*o001 .m.(13-W-105 C.0.3.)r p. 44 Nee mid MM.': la of M t°„opt.d Ira mmMIM as poo.4'ow.r So..,.....41 wow..nip NM rood. . (NNL. 1-2LY]') o8p ?00 *man map 100111wm.l002 maw O *pew ,°00...101''''''''''''"°"'Ice In*l wen 19 a.00.not e..ai,Mtym`ma41°Icn'1°.,410.4 0 44r41111N.°1 man.pwn44.4 491144.19,e. .per-nmawi 040 0,012.Trim. O 00 100 nl ,. o I a I9K0095 g�[4J4 MM.'m 41petl to Mani'00(044.114 4,1 Iles 12°11 w r*Mm x04499 form°4444,044 d 6114.04 named.ace 9.tdae4..m der paw *mos an note p „m on,high speed Z <38 1.Lanais S Pep*.a Cdo.40«Nd•tl PI°M1.1.4 Lod sorwm;an hereby ant*that 1411...wow Y° . .1.qn W m411wnw.F arnnl 44.04 14441 f4.Cm 4vp1M w 4400.4 from m 1mY woe mY P 91(40 1perµ1m1.Not to 1044041* 0414.n°M*.4s importw.l,not 146 ,119 0040,9,w'dm for the protection of Me Idmm4'°11.46104. F re 3 500 1 49 O)00 w 49 o4rmm .M 4.914 n mylpe plat l ld spinier.. representation NnM.004 Nb to Psnt•w•'apneas Iw IM*zee, 1i00 4•M�\v\yJC_._\ n.M4 of mY Fw.f*# 6r,911 O W F,alarul K CO O"s1 tale', W B, w 5 /�i! 4 W ai I1 �Q O a Sewn-°.'33.420 Et ke) Li a 20 F 2004293 1 SHEET 1 CF 2 DATE Mill MAIN Ill 5-2J-95 MEECH ""° •°� W. "'"CO RECORDED EXEMPTION NO. 0807-19-1 RE-3948 DM 2RSECO D0W Sma Moyne GM6 Recorder xAE: 2C0429RE SCALE l--l0 Lot B Of Recorded Exemption No. 2767, Being Part Of The North Half Of Section 19,Township 6 North,Range 67 West Of The 6th P.M., DRAM"Bs: CSC County of Weld, State of Colorado CHEMED B LSP TOWVC.RIIMMInYCTd SS19 CD41400 > rnm au+E I -9 ` 7 C) rrWND n PE M 3:/C (c .�`. N7N.'..,MNAL,MN,E7 / �— . - - - - - AS-9XTIEN&N COINER — _ AUNMaA CAP 3254 rz3 SWm L.NE CA - xw frIH-c3.8,...„%-4.2-4 SECOCNs B' -MPAANUIA CAP o "MESS caa.FA WEST SAIEENIN 5 IS CORNER Psn wAr Js} C PLASTIC CAP STAMPED PE z:w85 p r 9CAW 5)ATE N 1 /M z D Y c F MBAR 41x r IaN ,_ - - _i — se HIGHWAY _ - IncED. _ _ Slnz-_ / m = s4 /j /A WIMYMIY CM POINT OF ACCESS (CENTER LINE OF MOR J ) l /STOMPED Lszzn2 eav sz E(Boss a anwrw) JS.Pz w'w J OW LOT B xeex'35'L n3.}]' �_ _� - L 3z —• 12'+4.1 E' NOR-114 LINE 04 Nwl/!Or SECTION 19) T9SI5 m \ W 04 5 N 'g CI w .o R Wm 44 REBApE PIAmazCIP D n ROMP wmE $___ N8858'35'E 446.]5 v wTx cM D H°cµA"Ei srMLuwl"JJJJJJPusnC CAP S WMPO_ — tl'N4NI OF YP1AR _ LS72!2 R T 0 PCWYA" P45R LS7242 Is]}.} B OO40'RICEIT OF WAY —T STAMPED LszoeA y1y_— __ FOUND MBAR xxµ OMnr M uMN-R-WAY SEE DEIFAL5'C' W D F I�EB�MMiM I sfP n J PLASM P FOUND REB R N u LP Vu« CAP ]2.1 ; n CAP(uLEaail L2 Yu N REAM M Th PE ]NA0 0 1 /F5 iAUPm�S FOUND N RE4MJ LS 05!2 PLASTIC CAMP TAMPED O S.: o (IxLOBLE) s3DETM'A' MLS3.04 -4 vA(E EASEMENT TO ryINO M�M SEE DETAIL o RRI NA Y COLORADO DEPARTMENT rcm,RIEIi )' I BOOK 1020 PAGE 468 B'. 50‘ ; 'f1 I u zo'DRAINAGE EASEMENT o _ a1 • 8 sl o eS (WHO M PEBM Mm I 11� P E v .7,-RED /m EDceLAsnc CAP �L 'I N8B'55'50'E- 1100.15' j 6.„•, 4.1 ac LOTB Nr BS PPEsonPlw. I 14329W,� • / EMELw SI a AA =1 81 B rgRID M RESM Mm F kl O E a 0.n5TG CM Si r.,' 1910n A„SEANCEmoo _ _� APPROXIMATE LOCATION OF le 5'*DE LOTA __ LANKET EASL12ENT TOeSI AIR PIPE �� m o'w CTIIME R M.1IY0 41ERICM TELEPHONE ARC 151009MI COMPANY 1R1 s) 7.ft. LILINE CpiMr Mw I s"aPAGE 29P - REC.NC 2410675 BUMEO CABLE EASEMENT,BOOR 1077,PAM 520 I 19495 f9IXN 1077,PAGE 522(INEtlMARpI OBTAINED •� iMM PECMOm[9046004 60 0E-205). E 7.30 ACCESS EEAASEMENENT 27B]4Pq LOCPTlM1 NO FIEm.£RIi1E0). Or kI A I 70 BLANKET 0ELu454440 60950 O9 PC PIPE O < 7 B0tI1245,PAGE 1097 / LINE T641. AM}9B N - r w POINT OF ACCESS I,i4,_ a - 1 ' _ r a9a -+- ---- --- -- :06124 ----- -- ` yy D9, 9' i — --- 588'55'53'W I 2492.17' EXTERIOR LNE a II y Np / WATER STORAGE E 267140,-\ SMNT I441p I D IEuAOM L'"E U IRID'UNE EASEMENT i0 CENTRAL COLORADO E WYUENT TO CENTRAL C*11I➢O O 0 \\ A' g MATE sROE xG.26n:Gf� PM[ACE11TIiTZB7l.9s MExrNA Rq RESERVOIR STORAGE TOC`ECT M RESERVOIR SSTTORRAGGE STORAGE€LNE OF - I I 9 o WATER 5C 60 CASEMENT 8 Ij/_` 'I FOR AEC. F PF<.NO.2360428. I SECTION 19 YEM-967W . I )I FOUND ALIIMINUM CAP STAMP60 LS206/4.55 I M 1.41 \ __ _ _f 1 \� I I IP Q-'OON l64-R61w \ _____ __ _ --\ \ /-GAI¢AAR901P[RIIA]x� CMINER IIbM CENER IWS ex P• Sm \ A 1/STAMPED Ro m (Swm L/f 6 xI/2 R2ZCMA1 19) Srl4Y 367,es — CENI sx1[E9m-E404 I ,_ I __ _ _ _ - FA Ln51.tL Fw1 /e P®ARM rc Z wI SCAN 19 L Y1YL7, \ 1 3 l/ µUUIW�W CA � CNTER PGSNp 40 SECT WARIER IXP.97Cr a YCRM I9-T.B".-P.e]w-FOUND . .`Q. Z L, 1/2 /5 REBM*TXCA?A z l/z'Aewv cM _ STAMPED 1922504 / —_ /;3 '^e; 'y Di R=11520.00 R=11400.00 TIJ Li: R=11520.00 RL�47590 � ,1 i6q1; 'I"OS- F 063 xcc L-445.89 L=445.89 L=475.90 C/ 0- 106 50 ° Loo z°D - 1oD 44, A=213'04" C=2'13'0! 0=273'04' D=223'J1' D=2'23'31' Lac '1 ;1,\\ X / IN. «•. m Lo NS-540'17"E N8T45'J1'E m s... ix154z `L. '; w NB]YO'17•E N8T45'Jt'E K 49 °A.4} 445.86 445.86 475.87 475.87 $885716'1 W Q SCALE IN FEET 435.60' Sr r PERM AND SET r PmAR AIo LEGEND w VI ^ SET f4 REP3A Atilt PLASTIC GAP xASRC cM 0 �/I UNE TABLE w 2 e D Ls35c42 SWAPOLS-43642 - — - EASENUO tii r eam ALwm CGw66 CC i LNE BEARING URICTH n iN 8 ---___ ,,„,,,,,w M I%SGPIEED C3 Winn* JS.W WMIFA SECM,L"R LI j, O N S SET AS C<SC OT CORNER lY xM3T1g'F 'A.OY h n POUND 41 P<BM FWro N RUMP mcNM-cF-wAv AMINO/I MBAR w1m n gro,EET Y E� • LJ W3I YJSY ]SOY M PLASTIC CAP MIN PLASTIC CAP CAP SOPPED wLJ -L2 2 STAMPED L57212 STPMPLO LS]}4} ■ 20104 RAMC tiJ CURVE TABLE - PROPERn UNf ofuR�i nue owns OrNEAIY 2W428J WRVS LENGTH RADIUS DELTA OE0R0 CH BEARING — --C R PECPNm SET Or BOAR Mm A Cl.444333.3. 440.64' 1150604' ova' 445.44' NT45'ITE DETAIL A DETAIL B DETAIL C P SITED • ABED I F2 3OUR304' 11106.04' 25604' 45205 544'4'44 xs L5 erne ES ._ 1Ja' 114ww' DOVit 5x04' 5N'w'44".E._ (0406 TO SCALE) 0043*IO SCALE) (NOT TO sc,LLl u IlaWRED 2 04 419.65' NMp04' 2X0'.V Mier 5BT4TWR 0 CALCULATED 1O51I1ON SHEET 2 CF 2 RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION #3948 -GEORGE AND BETTY HALL WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, pursuant to its authority under Section 30-28-101(10)(d), C.R.S., did determine at a public meeting held in the Chambers of the Board,that a certain parcel of land, to be divided into two parcels, as shown on the plat known as Recorded Exemption #3948, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land," and WHEREAS,the request for Recorded Exemption#3948 was submitted by George and Betty Hall,30264th Avenue,Greeley,Colorado 80631,forpropertywhich is located in part on the following described real estate, to-wit: Lot B of Recorded Exemption#2767;being part of the N1/2 of Section 19, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A," said plat to be recorded, and WHEREAS,this request is to divide the property into parcels estimated to be approximately 28 acres and 9 acres. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the hereinabove described parcel of land be,and hereby is,exempt from the definition of the terms, "subdivision" and "subdivided land." BE IT FURTHER RESOLVED by the Board that Recorded Exemption #3948 by George and Betty Hall is, approved conditional upon the following: 1. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 0807-19-1 RE-3948. B. State Highway 392 requires 200 feet right-of-way at full build out. A total of 100 feet from the centerline of State Highway 392 shall be delineated as right-of-way reservation for future expansion of State Highway 392. 2005-1231 RE3948 l'( .,Z, O5 -o3 -QS— RE #3948 - GEORGE AND BETTY HALL PAGE 2 C. The Colorado Department of Transportation(CDOT)has jurisdiction over all accesses to State Highways. The Town of Windsor has jurisdiction over all accesses onto 16th Street, 17th Street, and Westwood Drive. Please contact CDOT or the Town of Windsor to verify the access permit(s) or for any additional requirements that may be needed to obtain or upgrade an access permit to the lots. Written evidence that the applicant has complied with the requirements of CDOT, and/or the Town of Windsor, shall be submitted to the Department of Planning Services. D. All approved accesses shall be clearly shown on the plat. E. The applicant shall attempt to address the requirements and concerns of the Windsor-Severance Fire Protection District, as stated in the referral response dated September 27,2004. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. F. 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. G. Upon verification that the site is in compliance with USR-1316 and FHDP-402, the applicant shall submit a request to vacate proposed Lot A from USR-1316 in accordance with Section 23-2-200.G of the Weld County Code. H. Lot A shall comply with the one (1) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. 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. J. The following notes shall be placed on the plat: 1) All proposed or existing structures will 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 Section 23-3-10 of the Weld County Code. 2005-1231 RE3948 RE #3948 - GEORGE AND BETTY HALL PAGE 3 2) Anyfuture structures or uses on the site must obtain the appropriate zoning and building permits. 3) Lot A is not eligible for a future land exemption in accordance with Section 24-8-20.C.1 of the Weld County Code. 4) The vast majority of Lot B lies within the Floodway District. Section 23-5-250 of the Weld County Code states: a. The Floodway District is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential. b. No development shall occur in the Floodway District with the exception of floodproofed agricultural exempt buildings. 5) All construction or improvements occurring in the floodplain, as delineated on Federal Emergency Management Agency FIRM Community Panel Map 080266 0605 D, and Floodway Flood Boundary and Floodway Map 080266 0001, both dated September 27, 1991, shall comply with the Flood Hazard Overlay District requirements of Chapter 23,Article V, Division 3 of the Weld County Code. 6) Prior to the release of building permits, the applicant shall submit a recorded deed describing the lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the lot designation and Recorded Exemption number. 7) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots A and B have an adequate water supply of sufficient quality, quantity, and dependability. 8) Prior to the release of building permits for any structure exceeding 3,600 square feet,the applicant must comply with the requirements of Appendix III-A of the International Fire Code. 9) 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. 10) Building permits shall be obtained prior to the construction of any building.Buildings that meet the definition of an Agricultural Exempt 2005-1231 RE3948 RE #3948 - GEORGE AND BETTY HALL PAGE 4 Building,per the requirements of Sections 29-1-20 and 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 Department of Planning Services, 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. 11) 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. 12) Prior to the release of building permits,the lot owner shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sanitary sewer line. In accordance with the Weld County Code, if a sewer line exists within four hundred (400)feet of the property line and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. 13) Weld County's Right To Farm statement, as it appears in the Weld County Code, Appendix 22-E, shall be placed on the Plat. 2. 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. 3. 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 the Department of Planning Services. 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 of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 4. 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 ma osco.weld.co.us. 2005-1231 RE3948 RE #3948 - GEORGE AND BETTY HALL PAGE 5 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 20th day of April, A.D., 2005. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ♦ 4y y ' J William H. rke, Chair }mgr �•��'' Clerk to the Board 1861„ , J �,,� brit eile,fk em Clerk to the Board D id . Long APPkO D • r / Robe D. Mas e County At rney � GI nn Las�` Date of signature: 005- 2005-1231 RE3948 W��ID 0 DEPARTMENT ERVICES RECORDED EXEMPTION COLORADO ADMINISTRATIVE REVIEW PLANNER: S. Lockman HEARING DATE: April 6, 2005 CASE NUMBER: RE-3948 APPLICANT: George and Betty Hall ADDRESS: 3026 4th Ave., Greeley, CO 80631 REQUEST: Two Lot Recorded Exemption LEGAL DESCRIPTION: Lot B RE-2767; being part of the N2 Section 19, T6N, R67W of the 6T" P.M., Weld County, Colorado PARCEL NUMBER: 0807 19 000063 PARCEL SIZE: 37 acres ZONE DISTRICT: Agricultural WATER SOURCE: Windsor Water SEWER SOURCE: Windsor Public Sewer The Department of Planning Services'staff has reviewed this request and recommends that this request be denied for the following reasons: It is the opinion of the Department of Planning Services'staff that the applicant has not shown compliance with the following criteria as listed in Section 24-8-40 of the Weld County Code: A. Section 24-8-40.A - The water supply for all proposed lots is adequate in terms of quality, quantity and dependability. The application indicates that the lots will be serviced by the Town of Windsor water when development occurs. However, no evidence has been included from the Town stating that they will provide service to the site. B. Section 24-8-40.8-An adequate sewer service is available to serve the uses permitted on all proposed lots. The sewer service shall comply with the requirements of the applicable zone district and the Department of Public Health and Environment. The application indicates that the lots will be serviced by the Town of Windsor sewer when development occurs. However, no evidence has been included from the Town stating that they will provide service to the site. C. Section 24-8-40.D-The proposed recorded exemption will comply with Chapter 23,Article V of the Weld County Code. Proposed Lot B lies almost completely within the Floodway District. Section 23-5-250 of the Weld County Code describes the Floodway District as an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential. Further the Code indicates that no development shall occur in the Floodway District with the exception of floodproofed agricultural exempt buildings. Contrary to the Weld County Code, large stockpiles are being stored within the Floodway. The site currently has a Flood Hazard Development Permit(FHDP-402)in conjunction with the existing sand and gravel mining operation. FHDP-402 states"A portion of the mining operation is located within a designated Floodway District, however,no stockpiling or structures are proposed in the Floodway District and therefore no constriction of the floodway should occur. Proposed activity within the designated floodway is limited excavation below existing grades." Contrary to FHDP-402, stockpiling is being conducted within the Floodway District. The applicant attempted to come into compliance by amending FHDP-402. The amendment was denied on February 28, 2005. Application materials indicate that there is a pending LOMR(Letter of Map Revision)for the site. However, it has been determined that neither a LOMR or a CLOMR (Conditional Letter of Map Revision) has been submitted to FEMA to reconfigure the Floodway and Floodplain boundaries for this site. D. Section 24-8-40.E - The proposal is consistent with the policies and goals of Chapter 22 of the Weld County Code. Commercial and mineral resource deposits policy 5.1.d states"The operation should comply with County flood hazard and geological hazard regulations". At this time the existing Flood Hazard Development Permit is not being complied with for the reasons previously cited. E. Section 24-8-40.G - The proposal has taken into consideration master plans of affected municipalities. Application materials indicate that the site will be Annexed into the Town of Windsor in the future. However, no application has been submitted to the Town for annexation of the site. F. Section 24-8-40.K- The proposal is consistent with the Statement of Purpose as expressed in Section 24-1-30 of this Chapter. 1) Section 24-1-30.H - Securing equitable handling of all subdivision plans by providing uniform procedures and standards. Section 24-8-20 of the Weld County Code requires all eligible Recorded Exemption properties to wait five years before applying for another Recorded Exemption. The lot will not be eligible to subdivide by the Recorded Exemption process until August 19, 2005. The applicant has not shown an extenuating circumstance which should allow him to circumvent this regulation. 2) Section 24-1-30.N-Preventing flood damage to persons and properties and minimizing expenditures for flood relief and flood control projects. The site currently has a Use by Special Review Permit for gravel mining (USR-1316). Conditions of approval for USR-1316 included a Flood Hazard Permit because the majority of the parcel is within a floodway. Flood Hazard Development Permit 402 (FHDP-402) states "A portion of the mining operation is located within a designated Floodway District, however, no stockpiling or structures are proposed in the Floodway District and therefore no constriction of the floodway should occur. Proposed activity within the designated floodway is limited excavation below existing grades." In violation of FHDP-402, large stockpiles are located within the floodway. On February 5, 2003 the Board of County Commissioner conducted a Probable Cause hearing regarding USR- 1316. The Board dismissed the Probable Cause based on findings that there did not appear to be a significant change to the USR. The applicants were using the site temporarily to stockpile during the Windsor Lake reclamation project. Letters from the applicant indicated that the temporary project was due to be completed by April 15, 2003. Contrary to what was indicated at the Probable Cause hearing, stockpiling is still being done on the site within the floodway. G. Section 24-8-40.M - Section 24-8-20C.1 states " Lot B of a two-lot recorded exemption is eligible for future land exemption five (5)years from the date of recording the exemption plat, in accordance with Section 24-8-40.M." The property is Lot B of Recorded Exemption 2767 which was recorded on August 18, 2000. The property owner will not be eligible to apply for a Recorded Exemption on the site until August 19, 2005. Should the Board of County Commissioners approve this request, the Department of Planning Services' staff recommends the following conditions be attached: 1. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 0807-19-1 RE-3948 B. Section 24-8-50.E of the Weld County Code states"Evidence that a water supply of sufficient quality, quantity and dependability will be/is available to serve the proposed lots, if applicable. A letter from a water district or municipality or a well permit are examples of evidence for domestic use". The application materials indicate that water service will be provided by the Town of Windsor. The applicant shall submit written evidence from the Town of Windsor indicating a water supply of sufficient quality, quantity and dependability will be/is available to serve the proposed lots. C. Section 24-8-50.F of the Weld County Code states"A statement explaining that the proposed lots will/do have adequate means for the disposal of sewage in compliance with the requirements of the underlying zone district and the Department of Public Health and Environment, if applicable. An existing septic system permit or a copy of a letter from a sanitation sewer district indicating existing service or availability of sewage disposal to each proposed lot are examples of evidence for domestic use."The application materials indicate that sewer service will be provided by the Town of Windsor.The applicant shall submit written evidence from the Town of Windsor indicating availability of sewage disposal to each proposed lot. D. State Highway 392 requires 200 feet right-of-way at full build out. A total of 100 feet from the centerline of State Highway 392 shall be delineated right-of-way reservation for future expansion of State Highway 392. E. The Colorado Department of Transportation(CDOT)has jurisdiction over all accesses to State Highways.The Town of Windsor has jurisdiction over all accesses onto 16" Street, 17' Street and Westwood Drive. Please contact CDOT or the Town of Windsor to verify the access permit(s) or for any additional requirements that may be needed to obtain or upgrade an access permit to the lots. Written evidence that the applicant has complied with the requirements of the Colorado Department of Transportation (CDOT) and/or the Town of Windsor shall be submitted to the Department of Planning Services. F. All approved accesses shall be clearly shown on the plat. G. The applicant shall attempt to address the requirements(concerns)of the Windsor-Severance Fire Protection District, as stated in the referral response dated September 27, 2004. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. H. 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. I. The property is permitted for a gravel mining operation under Use by Special Review permit # 1316 (USR- 1316). The site also has been granted a Flood Hazard Development Permit(FHDP-402).The site is currently in violation of both permits for stockpiling in the Floodway. The applicant shall remove all stockpiles from the floodway. J. Upon verification that the site is within compliance with USR-1316 and FHDP-402, the applicant shall submit a request to vacate proposed Lot A from USR-1316 in accordance with Section 23-2-200.G of the Weld County Code. K. Lot A shall comply with the one(1)acre net minimum lot size required by Section 24-8-40.L 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 is not eligible for a future land exemption in accordance with Section 24-8-20.C.1 of the Weld County Code. 4) The vast majority of Lot B lies within the Floodway District. Section 23-5-250 of the Weld County Code states: A. The FW (Floodway) District is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential. B. No development shall occur in the Floodway District with the exception offloodproofed agricultural exempt buildings. 5) All construction or improvements occurring in the flood plain as delineated on Federal Emergency Management Agency FIRM Community Panel Map 080266 0605 D, and Floodway Flood Boundary and Floodway Map 080266 0001 both dated September 27, 1991 shall comply with the Flood Hazard Overlay District requirements of Chapter 23, Article V, Division 3 of the Weld County Code. 6) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 7) Prior to the release of building permits,the applicant shall submit evidence to the Department of Planning Services that Lot A and Lot B have an adequate water supply of sufficient quality, quantity and dependability. 8) Prior to the release of building permits for any structure exceeding 3,600 square feet,the applicant must comply with the requirements of Appendix III-A of the International Fire Code. 9) 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. 10) 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. 11) 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) 12) Prior to the release of building permits,the Lot owner shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sanitary sewer line. In accordance with the Weld County Code, if a sewer line exists within four hundred (400)feet of the property line and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. 13) 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 from 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. 2. 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. 3. 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 of the Board of County Commissioners resolution.The applicant shall be responsible for paying the recording fee. 4. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf,and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsco.weld.co.us. Sheri Lockman, Department of manning Services George and Betty Hall have applied for a 2 lot recorded exemption. The site is located south of and adjacent to 392; approximately 1/4 mile east of county road 13. This is the site that you recently reviewed through a probable cause for Hall Irwin for stockpiling in the floodway. The Weld County Department of Planning Services is recommending denial based on the fact that the site is not even eligible to be subdivided by the recorded exemption process at this time. The applicants are arguing that their situation is different in that they are in an urbanizing area. Staff however does not agree that this is a unique situation. We review many Recorded Exemptions in Urbanizing areas that the property owners have met the time frame so that they may develop or annex only a portion of their properties. The Code does not have a matrix to review this application. The site is not even eligible for a recorded exemption. Staff did receive a letter from the applicants a couple of days ago. The commissioners have been handed copies. You have also been handed a memo outlining changes to staff comments. Staff is requesting conditions of approval 1.B and 1.C regarding adequate water and sewer be removed. The letter we just received from the applicant did include a letter from Windsor indicating they can service the site. Further based on the decision to dismiss the probable cause for USR-1316 the Board may wish to removed Condition of Approval 1.1. At this time I will be happy to answer any questions the Commission may have. Plat Checklist - POC Planner Item Comments Check Check Proper size and material 24"x 36"or 18"x 24"/Minimum 3 millimeter polyester sheet Lettering No stick-on lettering / Minimum 8 pt.lettering Boundaries of Lots Scale Suitable Scale?(1"=200' or l"=100') Accesses indicated Shared Access?If so,ifrase tilicate included? Roads labeled, including R.0.W Building Envelope(s) may! Vicinity Map Suitabl Scal ' inirnum 1" =2000') North Arrow Legal Description Notes from Planner/ Development Standards r l'LCC.44,4- ' 21Ywi' um'W.Gaw(2 /9O Conditions of Approval '` Owner's Certificate Notarial Certificate included?All owners must sign the plat, check the deed. f2-'1.-/ b'Z�t'ji1,e� Surveyor's Certificate and All surveyed plats Surveyor's Stang Note:USR plats do not need to be surveyed Director of Planning Notarial Certificate included?(RE, SE, SPR,Final PUD if Staff„ Certificate Approved) Planning Commission (USR, COZ, Minor Sub.Final) -__. Certificate oard Certificate � (USR,COZ„Minor Sub Final) �.- �� (Final PUD,RE, SE&ZPMH if Board approved) _ 1 Typical Road Cross Section (COZ,Final Minor Sub.and Final PUD) Easements Please return the plat to the CAD Technician within 24 hours of receiving the plat. Planner on Call: (Initials) • Planner Signature: Date: (6)` WELD COUNTY, COLORADO CI EPARTMENT OF PLANNING SERVICES 1555 N. 17Th AVENUE GREELEY,CO 80631 F PHONE(970)353-6100, EXT.3540 -FAX(970)304-6498 DATE: 7//0 20 0 L1 RECEIPT 1 8 52 RECEIVED FROM: fka i' tL Z. y L NO. TYPE FEES 422 C10 4221 -ZPMH 4221-USR 4221 -SITE PLAN REVIEW 4221 -COZ 4221 -PUD 4221 -SUBDIVISION 4221 -BOA 4221-FHDP/GHDP 4430-MAPS/PUBLICATIONS 4430-POSTAGE 4430-COPIES I 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC. 1 . r. L o0 10 .9 O CASH LRCHECK NO: O' 3 0'f TOTAL BY: WHITE-CUSTOMER CANARY-FINANCE PINK-FILE t_ , 1 WELD COUNTY,COLORADO DEPARTMENT OF PLANNING SERVICES 918 10T"STREET GREELEY, CO 80631 PHONE:970-353-6100, EXT.3540/FAX: 970-304-6498 r Date: 17 7 20 di; Receipt No. -,,.` 'f.) 12 9 4 1 Received From: -f.1 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 656.04ECORDING MISC. i2 )2(..- _27 VCASH ®C�IFGI<NO. L//4TOTAL FEE ' i I f j Receipted By: / f DL# Exp. RE-3948 (Hall) Page 1 of 1 Sheri Lockman From: Hice-Idler, Gloria [Gloria.Nice-Idler@DOT.STATE.CO.US] Sent: Tuesday, October 11, 2005 11:39 AM To: Sheri Lockman Subject: RE-3948 (Hall) Sheri, I've reviewed the submittal again and hopefully am no longer confused. Projected ROW need is 100'either side of the highway centerline. Lot A will obtain access to SH 392 by way of a new Town of Windsor city street (16th ?). Lot B may keep their existing access to the state highway until such time as the property develops and then direct access to the state highway will be re-evaluated. Our goal will be to eliminate-the full-movement access and restrict access or completely remove it. If you have any questions, please do not hesitate to contact me. Gloria Hice-Idler Access Manager CDOT Region 4 1420 2nd Street Greeley CO 80631 (970) 350-2148 1 0/1 312 005 RE-3948 (Hall) Page 1 of 2 Sheri Lockman From: Sheri Lockman Sent: Tuesday, October 11, 2005 4:24 PM To: 'Julie Cozad' Subject: RE: RE-3948 (Hall) Yes • From: Julie Cozad [mailto:JCozad@lotholding.com] Sent: Tuesday, October 11, 2005 2:44 PM To: Sheri Lockman Subject: RE: RE-3948 (Hall) Is this all you need from Gloria? Julie A. Cozad Director of Development Services 1760 Broad Street,Unit E Milliken,CO 80543 970-587-8204(direct line) 970-539-8585 (cell) jcozad@lotholding.com From: Sheri Lockman [mailto:slockman@co.weld.co.us] Sent: Tuesday, October 11, 2005 12:00 PM To: Julie Cozad Subject: FW: RE-3948 (Hall) From: Hice-Idler, Gloria [mailto:Gloria.Hice-Idler@DOT.STATE.CO.US] Sent: Tuesday, October 11, 2005 11:39 AM To: Sheri Lockman Subject: RE-3948 (Hall) Sheri, I've reviewed the submittal again and hopefully am no longer confused. Projected ROW need is 100'either side of the highway centerline. Lot A will obtain access to SH 392 by way of a new Town of Windsor city street (16th ?). Lot B may keep their existing access to the state highway until such time as the property develops and then direct access to the state highway will be re-evaluated. Our goal will be to eliminate the full-movement access and restrict access or completely remove it. 10/13/2005 RE-3948 (Hall) Page 2 of 2 If you have any questions, please do not hesitate to contact me. Gloria Hice-Idler Access Manager CDOT Region 4 1420 2nd Street Greeley CO 80631 (970) 350-2148 10/13/2005 Page 1 of 1 Sheri Lockman From: Charlotte Davis Sent: Tuesday, September 20, 2005 9:37 AM To: Sheri Lockman Subject: AMUSR-1268 Sheri, I have reviewed the letter from Justin Fecteau representative with Agpro, regarding the Stormwater Construction permit. If the total area expected to undergo ground disturbance is less than 1 acre the applicants are not required to obtain a Stormwater Discharge permit. According to Justin this site will not meet the requirements for permitting. This condition can be removed. Regards, Char Charlotte Davis, MPH Weld County Dept of Public Health and Environment 1555 N. 17th Avenue Greeley, CO 80631 (970)304-6415 x 2208 Fax(970) 304-6411 09/20/2005 Page 1 of 1 Sheri Lockman From: Julie Cozad [JCozad@lotholding.com] Sent: Monday, September 19, 2005 6:04 PM To: Sheri Lockman Subject: RE: RE-3948 We will get those to you right away. Thanks Sheri. Take care, Julie Julie A. Cozad Director of Development Services 1760 Broad Street,Unit E Milliken,CO 80543 970-587-8204(direct line) 970-539-8585(cell) jcozad@lotholding.com From: Sheri Lockman [mailto:slockman@co.weld.co.us] Sent: Monday, September 19, 2005 3:18 PM To: Julie Cozad Cc: Monica Mika Subject: RE-3948 Good afternoon. I took a look at the information that was submitted to complete the conditions of approval attached to RE-3948 for George and Betty Hall. Condition of approval 1.C stated "The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to State Highways. The Town of Windsor has jurisdiction over all accesses onto 16th Street, 17th Street and Westwood Drive. Please contact CDOT or the Town of Windsor to verify the access permit(s)or for any additional requirements that may be needed to obtain or upgrade an access permit to the lots. Written evidence that the applicant has complied with the requirements of the Colorado Department of Transportation (CDOT) and/or the Town of Windsor shall be submitted to the Department of Planning Services."We have not received an approval from CDOT for the access to Lot B. I believe that CDOT required this access to be closed. Windsor does not have jurisdiction of this access. Condition of approval 1.G. stated "Upon verification that the site is within compliance with USR-1316 and FHDP- 402, the applicant shall submit a request to vacate proposed Lot A from USR-1316 in accordance with Section 23-2-200.G of the Weld County Code." Section 23-2-200.G requires a revised map of the USR to be submitted along with the written request. If you have any questions do not hesitate to call. 09/20/2005 Page 1 of 1 Sheri Lockman From: Sheri Lockman Sent: Monday, September 19, 2005 3:18 PM To: 'jcozad@lotholding.com' Cc: Monica Mika Subject: RE-3948 Good afternoon. I took a look at the information that was submitted to complete the conditions of approval attached to RE-3948 for George and Betty Hall. Condition of approval 1.C stated "The Colorado Department of Transportation (CDOT)has jurisdiction over all accesses to State Highways. The Town of W ndsor has jurisdiction over all accesses onto 16th Street, 17th Street and Westwood Drive. Please contact CDOT or the Town of Windsor to verify the access permit(s)or for any additional requirements that may be needed to obtain or upgrade an access permit to the lots. Written evidence that the applicant has complied with the requirements of the Colorado Department of Transportation (CDOT) and/or the Town of Windsor shall be submitted to the Department of Planning Services."We have not received an approval from CDOT for the access to Lot B. I believe that CDOT required this access to be closed. Windsor does not have jurisdiction of this access. Condition of approval 1.G. stated "Upon verification that the site is within compliance with USR-1316 and FHDP- 402, the applicant shall submit a request to vacate proposed Lot A from USR-1316 in accordance with Section 23-2-200.G of the Weld County Code."Section 23-2-200.G requires a revised map of the USR to be submitted along with the written request. If you have any questions do not hesitate to call. 09/19/2005 L.9 LOT HOLDING Weld County plannin GREELEY OFF,CEFartment SEP 15 2005 September 13,2005 RECEIVED Weld County Department of Planning Services Attn: Sheri Lockman 918 101 Street Greeley,CO 80631 Subject: Conditions of approval for RE-3948 Dear Ms. Lockman: This letter is in regard to the conditions of approval for the above application. The following conditions are met: 1. A. Item completed, shown on the plat. B. Item completed, shown on the plat. C. All accesses are shown on the plat as required by the Town of Windsor's transportation plan. These accesses will be further negotiated with the Town of Windsor and CDOT through the development process. The property will be annexed into the Town of Windsor prior to any development occurring. The applicant acknowledges that they will comply with the requirements of the Town of Windsor and CDOT. D. All approved accesses are shown on the plat. No new accesses are proposed at this time. The lots will be annexed into the Town of Windsor and design of any new accesses will be according to the Town of Windsor and/or CDOT design requirements. E. See enclosed letter to Windsor-Severance Fire Protection District. F. We have reviewed the information from the West Greeley Soil Conservation District and it is our intent to positively manage on site soils. As the property develops more extensive Geotechnical Soils evaluations will be completed to meet the Town of Windsor requirements. G. The Board of County Commissioners has determined that the site is in compliance with USR-I316 and FFIDP-402 in a probable cause hearing. The Commissioners dismissed the case. Engineering showed that the stockpile was located on a floodway island and the pile has been substantially removed from the site. Currently, a LOMB application is being completed on Lot A and is scheduled to be submitted to Weld County. Lot A will develop as commercial property within the Town of Windsor. See enclosed letter requesting Lot A be vacated from USR-I316. 411 1760 Broad Street •Unit E • Milliken, Colorado • 80543 H. Lot A is in compliance with the one(1)acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. L A Statement of Taxes from the Weld County Treasurer is enclosed. J. All notes have been placed on the plat. (Items 1.)through 13).) 2. We acknowledge that future development may be considered urban scale development. As stated previously,the property will develop through the Town of Windsor. 3. Two paper copies of the plat accompany this letter and have been prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The recording fee will be submitted with the mylar when required by the Planning staff. 4. Larry Pepik with King Surveyors will provide a digital copy of this Recorded Exemption in the format acceptable to Weld County. We are looking forward to hearing from you to submit the Mylar plat and if you have any questions or comments,please contact me. Thank you for your consideration. Sincerely, /- u ie A. ozad ) Entitlement Manager Lot Holding Investments,LLC pc: George and Betty Hall LOT HOLDING September 13,2005 Mike Davis Fire Prevention Bureau Windsor-Severance Fire Protection District 100 7"'Street Windsor,CO 80550 Subject: Recorded Exemption 3948-George and Betty Hall Dear Mr.Davis: Thank you for your referral letter dated September 27, 2004. This letter is in response to your letter and subsequent proposed conditions,as follows: 1. Each individual lot will have or has its own access,as required by the Town of Windsor. At the time of annexation and development we will be glad to work with the Windsor-Severance Fire Protection District though the Town of Windsor on any new accesses. 2. The accesses shall be constructed of a permanent all weather mad base. 4. Addresses will be posted clearly on the road fronting the property. 5. Addresses will be posted clearly on the house. 6. We understand that buildings that are located more than 150' from an approved access road are subject to alternative requirements. Currently there are no structures located on either lot and any new buildings will go through a development process and we will continue to work with the Fire District in the future. If you have any questions or other issues arise,please contact me. Thank you for your time on this project. Sincerely, O-X1 ;; f K__ /1 2�^� Julie A.Cozad (� Director of Development Services Lot Holding Investments,LLC pc: Sheri Lockman,Planner II,Weld County Department of Planning Services George and Betty Hall 1760 Broad Street • Unit E • Milliken, Colorado • 80543 Li LOT HOLDING September 13, 2005 Weld County Department of Planning Services Attn: Sheri Lockman 918 10th Street Greeley, CO 80631 Subject: Vacation of Lot A from USR-1316 Dear Ms. Lockman: This letter is a formal request to vacate portions of USR- 1316, more specifically the area known as Lot A of Recorded Exemption 3948, as approved by the Weld County Commissioners on April 20, 2005. Mining is complete on this area and reclamation will be been done according to the Division of Minerals and Geology Reclamation Plan. If you have any questions or comments, please contact me. Thank you for your consideration. Si�ncereelly, hilt A. Cozad *s Entitlement Manager J Lot Holding Investments, LLC pc: George and Betty Hall a 1760 Broad Street • Unit E • Milliken, Colorado • 80543 DEPARTMENT OF PLANNING SERVICES 918 10TH STREET GREELEY, COLORADO DO 80631 WEBSITE: www.co.weld.co.us ' E-MAIL: stockman@co.weld.co.us PHONE (970) 353-6100, EXT. 3540 FAX (970) 304-6498 COLORADO March 18, 2005 Hall-Irwin do Julie Cozad 301 Centennial Drive Milliken, CO 80543 Subject: Recorded Exemption (RE-3948) Legal Description: Lot B RE-2767; being part of the N2 Section 19, T6N, R67W of the 6TH P.M., Weld County, Colorado Dear Applicant: This letter is to inform you that the above referenced Recorded Exemption has been reviewed by the Department of Planning Services and it has been determined that the application does not meet the standards of Section 24-8-40 of the Weld County Code. This application is scheduled before the Board of County Commissioners on April 6, 2005 at 9:00 a.m. The Board of County Commissioners meet at the Centennial Center, located at 915 10th Street, on the first floor. Please read the Conditions of Approval carefully. At the Board of County Commissioners hearing you will be asked if you are in agreement with the conditions. If you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. Sincerely, I / ,. Atk/da1I Sheri Lockman Planner II DEPARTMENT OF PLANNING SERVICES " 918 Street 4 .4f Greeley, CO 80631 Phone (970) 353-6100, Ext. 0 Fax (970) 304-6498 "ligC. COLORADO September 16, 2004 George & Betty Hall c/o Julie Cozad 3026 41h Ave Greeley CO 80631 Subject: RE-3948 A Recorded Exemption located on a parcel of land described as Lot B, RE-2767; being part of the N2 Section 19, T6N, R67W of the 6th P.M., Weld County, Colorado. Dear : 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 Windsor Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Windsor Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Windsor at(970)686-7476,for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. Sincerely, i 2 4`J zi Sheri Lockman Planner FIELD CHECK inspection date: 10/5/2004 APPLICANT: George and Betty Hall CASE #: RE-3948 REQUEST: Recorded Exemption LEGAL: Lot B RE-2767 being part of the N2 Section 19, T6N, R67W of the 6T" P.M., Weld County, Colorado LOCATION: South of and adjacent to State Highway 392 and west of and adjacent to 16"' Street PARCEL ID #: 0807 19 000063 ACRES: 37 +/- Zoning Land Use N A (Agricultural) N Nursery / Agricultural E A (Agricultural) E Residential S A (Agricultural) S Mining W A (Agricultural) W Agricultural / Mining COMMENTS: Lot B is currently completely covered by two lakes and piles from the gravel mining on site. Lot A is vacant. Westwood Drive and 16th Street are not built at this time. ,j)(1) ,L! (j 1friL� Sheri Lockman , Planner II ;Wilk APPLICATION FLOW SHEET COLORADO APPLICANT: George and Betty Hall CASE#: RE-3948 REQUEST: Recorded Exemption LEGAL: Lot B RE-2767 being part of the N2 Section 19,T6N, R67W of the 6T" P.M., Weld County, Colorado LOCATION: South of and adjacent to State Highway 392 and west of and adjacent to 16th Street PARCEL ID #: 0807 19 000063 ACRES: 37 +/- Date By Application Received Sept 10, 2004 Application Completed Sept 16, 2004 SL Referrals listed Sept 16, 2004 SL Design Review Meeting (PUD) File assembled R. f1 G0 Letter to applicant mailed Q . n GU' Vicinity map prepared Referrals mailed • n • GO' CJ�^ Chaindexed ( , f -opt Field check by DPS staff Administrative Review decision: Date By County Commissioners Hearing Date(if applicable) ' Surrounding property owners notified Air photo and maps prepared CC action: CC resolution received • Recorded on maps and filed /7— Overlay Districts 6� Zoning Agricultural MUD Yes No_x_ IGA Yes No_x_ Airport Yes No_x_ Geologic Yes No_x_ Flood Hazard Yes x No Panel#080266 0605 D Road Impact RECORDED EXEMPTION APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number nnnnnpi -D- G C -ppL (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 Pt- N a ( )--t,-F 6 iiE_.2 T-(4) , Section / ,Township G North, Range (o7West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes ,i No_ Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes_No ✓` FEE OWNER(S)OF THE PROPERTY: Name: Oe_.c. male r,r- d -1-4-t i4t,l1 Work Phone# 97G - 3c-2-(,t5}HomePhone# Email Address 9j„r.�l i ( ked) -;r,As;in . Ce Address: 3D;2- 4., * A-,._,t ,,:-.-,e City/State/Zip Code (7-N-t.tt ,` C c. C( :), i APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany all applications signed by Authorized Agent) Name: Sul i e Cc .r&o1 Work Phone#')7v -S-S1tacq Home Phone# qi-c -S-33S'3c7EmaiIAddress c .rt 6 LinI)-:ri„:-n . Conn Address: 3C<-/,; 4- A-r-EAwic City/State/Zip Code G r-.at LI r 7; e 1,, 3 I t Smaller Parcel (Lot Larger Parcel (Lot ) Other Parcel (Lot ) (3-Lot RE/ SE orilY-13 Water Source )0--)A.,;-) of L.i ivvy4v- \,-, j:-., r (- i.) r-.etgv Type of Sewer '7w) ( , ,te ., Pi_k_ x" Proposed Use 1 Acreage 1'/_ 9 t-/- .. - Existing Dwellings? Yes or No (Circle one - if Yes or No (Circle one - if Yes or No (Circle one - if Yes, list address below), Yes, list address below ) Yes, list address below ) r ) 32Sk . ( s,.(&,k - Nc, (0A46 �lg2 * If the property is vacant or unimproved write proposed water source and proposed sewer system$or each parcel in the blanks above. For example,if a well and septic is proposed state:proposed well,proposed septic. I (We)request that the following described property be designated a Recorded Exemption by the Weld County Board of County Commissioners. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be includ howing the signatory has to legal au rity sign for the corporation. .' Af / 6 , ,,,,, c—;I �C �{ ( c—� e u ar (mot — (7_,/ �,6 /0 Signatu e: Owner or Au ioridAgent Date Igna4ure: Owner orAutb'rizedAgent Date -4- r"e\ r'1 RECORDED EXEMPTION APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number n n n n -fl'] n -n-n n-© rn i (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 Pt- N a ( )-b-7- 5 IRE. d�6,-0 , Section 1cl ,Township to North, Range G,}West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes ✓No_ Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes_Nov' FEE OWNER(S)OF THE PROPERTY: Name: Ce-o c-c)t el..d =14- al\ Work Phone# 970 - 3s-2-LtfitHome Phone# Email Address gi,.ull (� Red) -;(, , r . ten Address: .3t.., (, 4t--- A",, ,,, ,"e City/State/Zip Code rn: Lt, ( © •whL APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany all applications signed by Authorized Agent) Name: Swl it Co1o.o{ ' Work Phone#977 -S$1-8-ab4 Home Phone# 9R-0 -S3493s1EmailAddress at.Z)Izu{c1iail-;rn,7n - con% Address: 3py(„ 4.H- A City/State/Zip Code G,,,i( , (.o> („ 'ate I 1 Smaller Parcel (Lot J ) Larger Parcel (Lot kg ) Other Parcel (Lot ) (3-Lot RE/SE on7yj Water Source Type of Sewer p )i c- cx, ,rc✓ i)u-i-D Lc_C'wc.,r Proposed Use (11u If;- Lakin 'Frr,ll remi G,�t(-ems' Acreage t/_ 9 ')-/_ Existing Dwellings? Yes or No (Circle one-if Yes or No (Circle one - if Yes or No (Circle one - if Yes, list address below) Yes, list address below ) Yes, list address below ) iNfo ND * 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, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence st be includ� howing the signatory has to legal au ity sign for the corporation. a U- g ‘,/, /,0 ,„,,,/' G �i, /0 Signatu e: Owner or Au or' d Agent Date ign ure: Owner or Aut rized Agent Date -4- CONSTRUCTION • AGGREGATES • LEASING • GOLF June 9,2004 Department of Planning Services Weld County 1555 N. 17th Avenue Greeley,CO 80631 Subject: Letter of Authorization I hereby authorize Julie Cozad to act as my representative/agent in regard to the property described as Lot B of Recorded Exemption No. 2767 recorded August 18,2000,being part of the N2 of Section 19, Township 6N,Range 67W of the 6th P.M., Weld County,Colorado. Mrs.Cozad is authorized to apply for a Recorded Exemption on Lot B of RE-2767. If you have any questions please feel free to contact me. Thank you. Sincerely, % /, 7,0,7 George and Betty Hall Property owners HALL-- 1 RWIN CORPORATION 3026 4TH AVE. GREELEY. COLORADO 80631 4 P.O. BOX 2150 GREELEY. COLORADO 80632 970-352-6057 x'303-654-1684 METRO t 970-352-6284 FAX CONSTRUCTION • AGGREGATES • LEASING • GOLF June 9,2004 Department of Planning Services Weld County 1555 N. 17th Avenue Greeley,CO 80631 Subject: Letter of Authorization I hereby authorize Julie Cozad to act as my representative/agent in regard to the property described as Lot B of Recorded Exemption No. 2767 recorded August 18,2000,being part of the N2 of Section 19, Township 6N, Range 67W of the 6th P.M., Weld County,Colorado. Mrs.Cozad is authorized to apply for a Recorded Exemption on Lot B of RE-2767. If you have any questions please feel free to contact me. Thank you. Sincerely, 1M-� George and Betty Hall Property owners MALL-I RWIN CORPORATION 3026 4TH AVE. GREELEY. COLORADO 80631 • P.O. Box 2150 GREELEY, COLORADO 80632 9711-352-6057 •303-654-1 684 METRO •970-352-6204 FAX RECORDED EXEMPTION(RE)QUESTIONNAIRE I. Water supply: The property will be serviced by the Town of Windsor's water supply when developed. No irrigation water is associated with this parcel. 2. Sewage disposal: The property will be serviced by the Town of Windsor's public sewer lines. 3. Currently the property is one lot, consisting of approximately 37 acres, with no existing residential improvements. The property has been mined under USR-1316 and the new Lot A will be vacated from the Special Review Permit. The new Lot B will be utilized the same as it is currently, with temporary stockpiling of previously mined material. There are two small lakes on the property,each being 5-7 acres. The new Lot B will comply with all existing development standards for the Special Review Permit. The property is in the process of being Master Planned and Annexed into the Town of Windsor. The main reason for this Recorded Exemption is to split off the only part of the property that is not located within the designated Floodway. The new Lot A is located within the 100 year flood plain, however, there is a pending LOMR (Letter of Map Revision) application to bring it out of the flood plain as well. The overall CLOMR (Conditional Letter of Map Revision)and following LOMR will be reviewed by FEMA, Weld County, Larimer County and the Town of Windsor. There is an existing Flood Hazard Development Permit for the entire property for the gravel mining operation. It is FHDP-402. 4. The proposed Lot A is located on the south part of the current lot and will be approximately 9 acres. The lot will be Annexed, Zoned and Master Planned within the Town of Windsor. In the future it is planned to have multi-family units on this parcel. The Town of Windsor's current Land Use map shows multi-family for this parcel. The proposed Lot B will continue to have temporarily stocked piled mining materials and two small lakes. This parcel will also be Annexed, Zoned and Master Planned within the Town of Windsor. In the future it is planned to have an Employment Center, which may include Administrative offices,medical offices or some other type of employment offices. No development can occur on Lot B until the CLOMR has been approved. We are currently working with Anderson Consulting Engineers and Kirkham-Michael Engineering to complete this application to FEMA, Weld County, Larimer County and the Town of Windsor. The Town of Windsor's current Land Use map designates Lot B as Neighborhood and General Commercial. Lot B is proposed to be approximately 28 acres. 5. The property is located south of State Highway 392 and is fairly level. As stated previously,there are currently temporary stock piles of mined material on site and two lakes, each approximately 5-7 acres. Fill material will be placed after the CLOMR application has been approved to bring the properties out of the flood plain and floodway. Initial traffic studies have been completed and access for development through Windsor will be approved through the Master Plan and Annexation applications. Current plans show 16th Street going through from State Highway 392 to the south to Westwood Drive and 17th Street connecting from the north with a signalized intersection and continuing south. There are no other unique physical characteristics. 6. No building envelopes are being proposed at this time. 7. USR-1316 is currently on both the new lots. Lot B will remain in the Special Review Permit and Lot A will be vacated from the permit. Treasurer's Tax Search Result Page Page 1 of 1 WCICOl11C It) f 'Waif County, Cot-oral-to Ate4 Home Services Departments About Weld Property Information Conta . Home > Departments > Treasurer's Office > Tax Search > Tax Search Results Tax Search Details Information for tax year: 2004 payable in 2005 Property Information Owner Name: Hall George W & Betty Jane Address: City: Weld County, CO Account Number: R8815300 Parcel Number: 080719000063 Legal Address: pt n2 19-6-67 lot b rec exempt re-2767 Value Information Actual Land Value $7,681 .00 Assessed Land Value $2, 230.00 Actual Improved Value $0. 00 Assessed Improved Value $0.00 Actual Total Value $7,681 . 00 Assessed Total Value $2, 230.00 Payment Information Total Tax Amount: $199.40 First Half Amount: $0. 00 Second Half Amount: $0. 00 SR. Exemption: $0. 00 Full Amount Paid: ($ 199.40) Current Balance: $0. 00 IF any of the followinc fields are "YES" Dlease contact the Treasurer's Office for more information . Tax Status Tax Liens: No Tax Area 0430 Prior Taxes Due: No Senior Homestead Exemption: No Special Improvement Tax: No Mill Levy 89.418 Database Last Updated at: 02 : 34 AM on September 13, 2005 https://www.co.weld.co.us/departments/treasurer/tax/tax_results.cfin 9/13/2005 8W R& �R67W • very T6N 4 co C .. -7 V r O \ -c _ u9Cc 4-9O4 .au _ — � J3(�_ �.• \ Wm Q ' m'S' BM 443O2 D. Sthte H c.93• .: - o. aJ9B �.._J ..M Rbth r---1- -: Site 90 r. 0 t- ef_ M A _0 C4' o _ _.-H.., —Tr ��re� Z_ _-`, I ________ 11 e — aJ5B r wirrainill _ _ de m96a _. er. —,c S — n - -_ _ - ➢ ` 1 —_ 1096]._ _ ew 1 o —,1•,..114 ' ' ©LE �,�G' 1 OW fie _WO .1100Y%pFEET .muea:Tom'0FCI©199?Wi flower Nomxr m(Vuw:opo cot") D:`,\Sarah'sMaps\LaPoudre.cdr Prepared by: Rocky Mountain Roth Vicinity Map Consultants, Irc Rnc i A PART OF THE NE 1/4 OF THE NW 1 /4 AND A PART. OF 111E NW 1/4 OF THE NE 1/4 or SECTION 19, TOWNSHIP NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO COLORADO STATE HIGHWAY NO. 302 f!-NORTH QUARTER NORTHWEST CUMNTN NORTHWEST CORNEA BOOK 152] HECEP IION NO 1296724 T SECTION 19 ♦ NORTHEAST QUARTER { F.uaOw E�w-, I \ SECTION II9 QUART ER NORTHWEST QUARTER 1 1<�T4tti5Aix;� �1 I Emlw SECTION 19 ________--v_i u T f ASN524 J L s AUE' - -- -- -- `J --- - 436' N n 4p• A-446' Emlw _ 4a' W c. k A-147' •I cr `o % EXISTING m 1 DITCH E T utAw i LOT A -2 (JoO yo (\ P_E-�J tzar aw77,4< LOT B ,'g� Ibl £ Na w LoT i 7 Tm I 1 2492' 1 L GT B CONTAINS: 37.437 ACRES +/- LOT A CONTAINS: 10.726 ACRES +/- TOTAL: 48,164 ACRES t/- SOUTHEAST CORNER ,]� + /--., NSOTHEAS QUARTER �N�� 1 ` h Cr r\ `f-' c'.� - NORTHEAST QUARTER Lim—r ` ,C.• o-1r.r,c SECTION 19 4 c.„.,kJ-, --0 r CT' .T . r , ' / \C.) — ace. o o\Lrt f�Ij Rale 6 ROCKY MOUNTAIN CONSULTANTS INC. ,I l l I 1 ' — .<4 hr I I.AWME Ave.su f em. n a�arr.co em0l (309)T72-6 AEti10.(009)6ft50283 FAX(300)0960960 APPLICATION SKETCH EXIIIBIT LOCATION SECTION 19-T.6N.-R.67W.�j y ` t,,^*ti ? • '#i� '! ,._ • cr.„ ,.' ,..„ •#. 1.,,,t,..„.. , ,.,,, ,tk.i 1' ₹I R' , t 3a is 1 a a p {? 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PROJECT NO:2004293 9_L;_.I9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 CLIENT: LI DATE: July 2004 all—Irwin , PHONE: (970) 686-5011 FAX: (970) 686-5821 DWG:2:H4293—R WWW.KINGSURVEYORS.COM DRAWN: 4293 CHECKED: DRAWN: CBJ CHECKED: CBJ n r1 WELD COUNTY ROAD ACCESS INFORMATION SHEET Road File#: Date: (D)l I / 0<-{- RE# : Other Case #: Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Q ffPhone: (970)356-4000, Ext.3750 Fax: (970)304-6497 1. Applicant Name Q r, ad-k\ 0 Ja e-6a Phone C1-10 - i-gaG 4 Address City (&- .V1State Co Zip ch(LD)) 2. Address or Location of Access -t,o c kj&uSS—v rtc� t rrf�i r r� Section 19 Township (o Range (I* Subdivisib't Block Lot Weld CountyRjd#: 3R a- Side of Road - n elk-tat.. Distance from nearest intersectio Colo eiVe�t F}v� 3. Is there an existing access to the property? Yes No f #of Accesses 4. Proposed Use: ❑ Permanent /Residential/Agricultural 0 Industrial ,❑ Temporary 3 Subdivision 0 Commercial 0 Other +++++x++++++++++x+******x+x+xx+x++++++x++++++++xx+++++++++++++x+x+++++++++x+++******+++ x+x+xx++x++++++++x******+++++++++x+xxx 5. Site Sketch Legend for Access Description: AG = Agricultural reogcK RES = Residential O&G = Oil& Gas �Z D.R. = Ditch Road15 A N O = House O = Shed — A 'r1‘.1c, NI +++++++++x+++xxxxx+xxx++r++++++++++++x+xxxxxxxx OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title: -7- REFERRAL LIST NAME: George& Betty Hall CASE NUMBER: RE-3948 REFERRALS SENT: September 16, 2004 REFERRALS TO BE RECEIVED BY: October 18,2004 COUNTY TOWNS and CITIES Attorney Ault _X Health Department Berthoud Extension Service Brighton Emergency Management Office Broomfield Sheriffs Office Dacono _X Public Works Eaton _Housing Authority Erie Airport Authority Evans Building Inspection Firestone Code Enforcement Fort Lupton Frederick STATE Garden City Division of Water Resources Gilcrest Geological Survey Greeley Department of Health Grover _X Department of Transportation Hudson Historical Society _Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey Division of Wildlife: LaSalle Loveland Lochbuie Greeley Longmont Division of Minerals/Geology Mead FIRE DISTRICTS Milliken Ault F-1 New Raymer Berthoud F-2 Northglenn Briggsdale F-24 Nunn Brighton F-3 Pierce Eaton F-4 Platteville Fort Lupton F-5 Severance Galeton F-6 Thornton Hudson F-7 X Windsor Johnstown F-8 La Salle F-9 Mountain View F-10 COUNTIES Milliken F-11 Adams Nunn F-12 Boulder Pawnee F-22 _X_Larimer Platteville F-13 Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES Poudre Valley F-15 US Army Corps of Engineers Raymer F-2 USDA-APHIS Veterinary Service Southeast Weld F-16 Federal Aviation Administration _X_Windsor/Severance F-17 Federal Communication Commission Wiggins F-18 Union Colony F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER Fort Collins _X School District RE-4 _X Greeley Ditch Company Longmont West Adams 0CT-13-2004 09:26 FROM- T-252 P.001/003 F-010 Zr Pri t jaillit 09-20-04 10 =0i RCVD UDe. Weld County Referral COLORAD September 16, 2004 The Weld County Department of Planning Services has received the following item for review: Applicant George& Betty Hall Case Number RE-3948 Please Reply By October 18,2004 Planner Sheri Lockman - Project Recorded Exemption Legal Lot B, RE-2767; being part of the N2 Section 19, T6N, R67W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to State Hwy 392; west of and adjacent to 16'h Street. For a more precise location, see legal Parcel Number 0807 19 000063 J The application is submitted to you for review and recommendation. My 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. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan A We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: • Signature s 4 att'— /0-y 5- or Agency O? & t0 _r—,CekJ Date +Weld County Planning Dept. +910 10th Street, Greerey, CO.60631 +x(970)353-6100 ext.35a0 +(970)304-6498 fax WeldC County Referral per. ou COLORADO September 16, 2004 The Weld County Department of Planning Services has received the following item for review: Applicant George & Betty Hall Case Number RE-3948 Please Reply By October 18, 2004 Planner Sheri Lockman Project Recorded Exemption Legal Lot B, RE-2767; being part of the N2 Section 19, T6N, R67W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to State Hwy 392; west of and adjacent to 16`1 Street. For a 1 more precise location, see legal. Parcel Number 0807 19 000063 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. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan Jai. We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: SignatureO-//2 /9-//-DY/ Agency 4.--)aDP// qF.: Date •:Weld County Planning Dept. +918 10th Street, Greeley,CO. 80631 +(970)353-6100 ext.3540 +(970)304-6498 fax sEs WELD COUNTY PUBLIC WORKS DEPT C. We ounty Referral COLORADO September 16, 2004 The Weld County Department of Planning Services has received the following item for review: Applicant George & Betty Hall Case Number RE-3948 Please Reply By October 18, 2004 Planner Sheri Lockman Project Recorded Exemption Legal Lot B, RE-2767; being part of the N2 Section 19, T6N, R67W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to State Hwy 392; west of and adjacent to 16th Street. For a more precise location, see legal. Parcel Number 0807 19 000063 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 "`f c� Agency 1�"�""�"�"_____L .t WG•.1-kx- J Date +Weld County Planning Dept. ❖918 10th Street, Greeley, CO. 80631 ❖(970)353-6100 ext.3540 ❖(970)304-6498 fax 1:► � MEMORANDUM Willie TO: Sheri Lockman, Planner II DATE: Sept. 24, 2004 FROM: Donald Carroll, Engineering Administrator 7 COLORADO SUBJECT: RE-3948, George & Betty Hall The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are as follows: REQUIREMENTS: The Weld County Public Works Department recommends approval of this application. 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. Depending on the location of the access, an access permit will be required from the appropriate jurisdiction. If the access is from the State Highway 392, the Colorado Department of Transportation (CDOT) shall be contacted for an access permit. Please contact Gloria Hice-Idler at the Greeley office. If the access is from 16th or 17th Streets within the city limits of the Town of Windsor, the applicant will need to contact the Town. pc: RE-3947 M:\PLANNING-DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-3947 WELD COUNTY ROAD ACCESS INFORMATION SHEET Road File c: UhnLti, r / ch 117/ Date. P Other Case �+ Weld County Depn tmen of Public Works 11 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970)304-6497 1 Applicant Name (,' • • r < , c Address City —_—State • Zip 2. Address or Location of Access , Section CI Township - Range - -a' Subdivision Block Lot Weld County---Road#' -'3,(;;; Side of Road # Distance from nearest intersection I , 3. Is there an existing access to the property? Yes No #of Accesses 4, Proposed Use: ❑ Permanent ❑" Residential/Agricultural ❑ Industrial ❑ Temporary DY Subdivision O Commercial ❑ Other 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential ' O&G = Oil & Gas ` D.R. = Ditch Road = House = Shed ^ c) N OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT _ Date Accidents Date Drainage Requirement Culvert Size Length _ Special Conditions Installation Authorized ❑ Information Insufficient Reviewed By: Title: • Weld County Planning Department(re...a. , I / Si 392- 4 GREEI_EY OFFICE CIA fit lel N0V o 1 2004 RECEIVED n 1 .., mile Weld County Referral COLORADO September 16, 2004 The Weld County Department of Planning Services has received the following item for review: Applicant George & Betty Hall Case Number RE-3948 lease Reply By October 18, 2004 Planner Sheri Lockman roject Recorded Exemption Legal Lot B, RE-2767; being part of the N2 Section 19, T6N, R67W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to State Hwy 392; west of and adjacent to 16th Street. For a more precise location, see legal. Parcel Number 0807 19 000063 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 U We have reviewed the request and find no conflicts with our interests. U See attached letter. r \ A I I c Comments: T-pi000LQ POUJ ✓nJ i's IUD I,Larkkv ≤/d z d itot hw.j WithiAi . I+ Qir -Final fikia proposal ;.s reeuas+i vUi d f rc ck a.r v cs it 3fa4e- 1-t w.1 cx* *w3 hr . Whst.rn plans fa' r t_sDt" A progress COOT c&J111 vtt.egg ft) !et- a-k/al wAtL a-c- CO 5.5 r s5. •cc, - Signature FE Lc tot-'_— \o/14/ON Agency Ur P.G0o55 Date +Weld County Planning Dept. +918 10th Street, Greeley, CO. 80631 +(970)353-6100 ext.3540 ❖(970)304-6498 fax p Weld County Referral C. COLORADO September 16, 2004 The Weld County Department of Planning Services has received the following item for review: Applicant George & Betty Hall Case Number RE-3948 Please Reply By October 18, 2004 Planner Sheri Lockman Project Recorded Exemption Legal Lot B, RE-2767; being part of the N2 Section 19, T6N, R67W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to State Hwy 392; west of and adjacent to 16th Street. For a more precise location, see legal. Parcel Number 0807 19 000063 _ I 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. gSee attached letter. Comments: Signature \T-3\\\ _ �� C.).\\ Agency (7 LQ Date ❖Weld County Planning Dept. ❖918 101h Street, Greeley, CO. 80631 ❖(970)353-6100 ext.3540 ❖(970)304-6498 fax Applicant: George & Betty Hall Planner: Sheri Lockman Case#: RE- 3948 52 32 { 1 WCR13 A � 0.4 0 0.4 0.8 Miles Weld County Referral Map '. V Highways Mapr Roads - N NLocal Roads A! Railroads Syi Streams&Ditches \ / PLSS W E Sills �..- Lakes eFloo,aans l S j 44 b �33F '1..`4 7a2:'A'&.F West Greeley Conservation District (970) 356-8097 Case Number: RE- 3948 Applicant: George & Betty Hall Planner: Sheri Lockman 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 Symbol Soil Name Soil Texture without basements Commercial Absorption Land (if Additional Comments Excavations basements Buildings Fields irrigated) 3 Aquolls Gravelly Substratum Severe Severe jSevere Severe I Severe No _ ,West Greeley _ 10 Bankard Sandy Loam Severe Severe ISevere Seveie Severe INo jConservation District 32 Kim Loam SIlgiit I ISlight Yes always discourages 33 Kim Loam SI r;hl Slight - jNo building within a { 51 Otero i Sandy Loam S'hght ;Sight Slight Slight Slight No floodplain. 52 Otero Sandy Loam such' IShght Slight I Slight No - — — The West Greeley Conservation District recommends that th e 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. ONSERV'At ION Produced by the West Greeley Conservation District Sep 27 04 11 : 09a Weld Cty SD RE-4 970-S8G-8088 p. 1 (ita SEP 2 0 2004 1111 p Weld County Referral COLORADO September 16, 2004 The Weld County Department of Planning Services has received the following item for review: Applicant George & Betty Hall Case Number RE-3948 Please Reply By October 18, 2004 Planner Sheri Lockman Project Recorded Exemption Legal Lot B, RE-2767; being part of the N2 Section 19, T6N, R67W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to State Hwy 392; west of and adjacent to 161h Street. For a more precise location, see legal. Parcel Number 0807 19 000063 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. U See attached letter. Comments: NO 64.4 /v.%) i.uw i$ it't/dedteset !ri, AterLa gtei 4 .a k -t. & �- ";tAz® A-4 « t ct -1 GG,-� - �ysa n ate-d �r r4�It --a-.,,„vt2 UGC-C.-fra*-L4C (4, c fd-.nt, Gr2{ > , Signature 711/p y Agency etip Jj( , r_C/ Date +Weld County Planning Dept. +918 10'Street, Greeley,CO. 80631 +(970)353-6100 ext.3540 6(970)304-6498 fax :-... : . 4tit; gift Weld County Referral COLORADO September 16, 2004 The Weld County Department of Planning Services has received the following item for review: Applicant George& Betty Hall Case Number RE-3948 Please Reply By October 18, 2004 Planner Sheri Lockman Project Recorded Exemption Legal Lot B, RE-2767; being part of the N2 Section 19, T6N, R67W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to State Hwy 392; west of and adjacent to 16th Street. For a more precise location, see legal. Parcel Number 0807 19 000063 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 U We have reviewed the request and find no conflicts with our interests. oerSee attached letter. Comments: Signature 947A/ Agency S cQ Date +Weld County Planning Dept. +918 10"Street, Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax Q0liaWindsor-Severance AtaFire Protection District September 27, 2004 Weld County Planning Dept. 918 10th Street Greeley, Co 80631 Attn: Sheri Lockman Re: RE-3948, George & Betty Hall 1. Each individual lot shall have its own access; each access shall be designed to carry a designed wheel load of 18000pounds (80000 pound gvw) (112O loading). 2. The accesses shall be constructed of a permanent all weather road base. 3. Addresses shall be posted clearly on the road fronting the property. 4. Addresses shall be posted clearly on the house. 5. Buildings that are located more than 150' from an approved access road are subject to alternative requirements. If you have any questions, please contact me at 686-9596. Cordially, �_ �fk2�— Mike L Davis v Captain Fire Prevention Division ph 970.686.9596 • fx 970.686.9623 • 100 7th Street • Windsor,Colorado 80550 • www.windsor-severancefire.org WINDSOR = Town of Windsor 301 Walnut Street• Windsor, Colorado 80550• 970-686-7476•Fax: 970-686-7180• www.windsorgou.com COLO October 8, 2004 Ms. Sheri Lockman, Weld County Planner Weld County Dept. of Planning Services 1555 N. 17th Avenue Greeley, Colorado 80631 Subject: Recorded Exemption(RE-3948)—George and Betty Hall Dear Ms. Lockman: The Town of Windsor Planning Commission reviewed this referral at its regular meeting of October 7, 2004. The portion of the subject property adjacent to Main Street is depicted as Neighborhood and General Commercial on the Town's Land Use Plan Map. The Windsor Comprehensive Plan states that the Neighborhood and General Commercial land use depiction is intended to provide for appropriately located groups of retail stores and service establishments serving the daily needs of a local neighborhood. The remainder of the property is depicted as Residential Mixed Use (which allows for various residential densities and mixed uses) and Parks, Open Space, Mineral Extraction & Floodplains. The application appears to be consistent with the Town's land use depiction as it simply proposes to create two lots in order to separate the portion of the property that is designated as floodway from the remainder of the property. The subject property is located within the Town's Growth Management Area (GMA) and is contiguous to the Town along the eastern property line. The Town of Windsor Comprehensive Plan states"The GMA is intended to define those specific areas within the planning area where it is most logical to extend urban services in the near term, that is, within the next five to ten years." The subject property was also the subject of previous recorded exemption RE-2767 at which time the property owner entered into an agreement with the Town which requires annexation at such time that the property becomes an enclave (see attached agreement). Although the property is not currently an enclave, staff recommends that the property be annexed to the Town prior to any further future development. Finally, the Windsor-Severance Fire Protection District has reviewed the application and their requirements are outlined in the attached letter dated September 27, 2004. Therefore,based upon the aforementioned information,the Town of Windsor Planning Commission recommends approval of this recorded exemption, subject to the following conditions: 1. The applicant shall dedicate additional right-of-way along the entire length of the north property boundary to bring the south half of Main Street (SH 392) up to CDOT's required right-of-way standards if not already up to said standard. 2. The applicant shall dedicate an additional thirty feet (30') of right-of-way along the entire length of the east property boundary to bring the west half of Sixteenth Street up to the Town's Urban Minor Collector standard. 3. All requirements of the Windsor-Severance Fire Protection District (WSFPD) shall be addressed to the District's satisfaction. 4. The subject property shall be annexed to the Town either(1)prior to the first application for development on the property; or (2) at such time in the future that the property becomes an enclave as defined by State Statute, in accordance with the Agreement dated August 3, 2000 and recorded at reception #2810485 in the office of the Weld County Clerk and Recorder; whichever event occurs first. Thank you for the opportunity to review this proposal. Si erely, v -LA-- ott lstadt,AICP Senior Planner pc: Gale Schick,Chairman Town of Windsor Planning Commission Joseph Plummer, AICP, Director of Planning George and Betty Hall, applicants Julie Cozad, applicant's representative September 27,2004 Weld County Planning Dept. 918 10`h Street Greeley, Co 80631 Attn: Sheri Lockman Re: RE-3948, George&Betty Hall 1. Each individual lot shall have its own access; each access shall be designed to carry a designed wheel load of 18000pounds (80000 pound gvw) (H2O loading). 2. The accesses shall be constructed of a permanent all weather road base. 3. Addresses shall be posted clearly on the road fronting the property. 4. Addresses shall be posted clearly on the house. 5. Buildings that are located more than 150' from an approved access road are subject to alternative requirements. If you have any questions, please contact me at 686-9596. Mike L Davis Captain Fire Prevention Division 1111111111 dll 111111 IIIII III IIIII till IIII 2810485 12/01/2000 04:21P JA Suki Tsukamoto 1 of 4 11 20.00 D 0.00 Weld County CO AGREEMENT (Town of Windsor/Roth) THIS AGREEMENT is made and entered into this 3 day of V 2000,by and between Jerry R. Roth and Sheila M. Roth, hereinafter referred to as"Roth ",and the TOWN OF WINDSOR,COLORADO,a Colorado statutory municipality,hereinafter referred to as"Town." WITNESSETH: WHEREAS, property that is owned by Roths is located in Weld County, Colorado,which is more specifically shown on Exhibit A and such property is adjacent to the Town; and WHEREAS, Roths has applied for and received approval from the Board of County Commissioners of Weld County, Colorado, of a Recorded Exemption which will allow it to divide the currently existing approximately 48 acres parcel into approximately 37.4 and 10.726 acre parcels which are adjacent to the Town;and WHEREAS, as a condition of the County Commissioners' approval of the Recorded Exemption, Roths are required to enter into an agreement with the Town concerning the future annexation of the subject property by the Town; and WHEREAS,by the terms of this Agreement, it is the intention of the parties to meet the annexation conditionestablished by the County Commissioners as aforesaid; NOW, THEREFORE, it is agreed between Roths and the Town as follows: 1. Preamble. The parties acknowledge that the recitals set forth above are true and correct, and those recitals are hereby incorporated into the body of this Agreement. 2. Subject Property. The property which is the subject matter of this.Agreement includes approximately 48 acres to be divided into parcels of 37.4 acres and 10.726 acres as part of a Recorded Exemption approved by. the Board of County Commissioners of Weld County, Colorado, and identified as Recorded Exemption. #2767. The property which is the subject matter of this Agreement is more fully described in"Exhibit A", attached hereto and incorporated herein by this reference. 3. Annexation. -Roths agree that,within thirty(30)days of the Town's adoption of an annexation ordinance rendering the subject property an enclave, as that term is defined by § 31-12-106, C.R.S., and other provisions of the Colorado Municipal Annexation Act of 1965, now in effect or subsequently amended,Roths shall submit _ a Letter of Understanding to the Town of Windsor committing to submit an annexation petition to the Town of Windsor within three(3)months ofthe date of the Letter of Understanding. All costs and expenses in connection with the annexation, 1 111111 11111 1111111 11111 1111 11111171 iii:1111111111111 2810485 12/0112000 04:21P JA Suki Tsukamoto 2 of 4 R 20.00 D 0.00 Weld County CO including but not limited to,all fees regularly assessed by the Town in the annexation process, shall be borne by Roths. 4. By the terms of this Agreement, it is the specific intent of the parties to cause the annexation of the subject property without requiting it to have the status of an enclave for three years as set forth in §31-12-106, C.R.S. 5. Covenant running with the land. This Agreement shall be deemed a covenants running with the land and, upon execution and approval by the parties, shall be recorded with the Weld County Clerk and Recorder. • 6. Amendments and Modifications. Any amendments or modifications to this Agreement must be approved by both parties in writing. 7. Applicable Law. This Agreement shall be interpreted in accordance with Colorado law. 8. Binding Effect. This Agreement shall be binding on the parties hereto,their heirs, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have signed this Agreement the day and year first above written. cisa drry IL th g_ 3 - 6O Sheila M.Roth loo TOWN OF WINDSOR, COLORADO By L1/ R/,y t, jai/cc ATTEST: -�oy1�OF w.'t'ps 1t artn Clerk -. SEAL ilh °Fcoij`Pf Rn,5ownan to y7om,Yrmm,dw AkthexAysemmA-M-00&av d AnyWt).2009 O34114) • 28100M 12/01/2000 04:21P JA Suki Tsukamoto 3 of 4 R20.00 D 0.00 Weld County C0 PARCEL 1: A tract of land being a part of the NE1/4 of the NW1/4 and part of the NW1/4 of the NE1/4 of Section 19, Township . 6 North, Range 67 West of the 6th P.M. , County of Weld, State of Colorado and being more particularly described as follows: Commencing at the North Quarter .corner of said Section 19. and considering the North line of said NE1/4 to bear North 89 degrees 24 minutes 19 seconds East, with all other bearings contained herein relative thereto; thence North 89 degrees 24 minutes 19 seconds East, 1237.06 feet to the Northeast corner of the NW1/4NE1/4 of Section 19; thence South 00 degrees 20 minutes 59 seconds West, 40.01 feet along the East line of said NW1/4NE1/4 to the True Point of Beginning; thence South 00 degrees 20 minutes 59 seconds West, 846. 11 feet along said East line; thence South 89 degrees 24 minutes 19 seconds West, 2492.35 feet to a point on the West line of the NE1/4NW1/4 of said Section 19; thence North 00 degrees 09 minutes 28 seconds Last, 827.03 feet along . said West line to a point being_60 feet South of the Northwest corner of said NE1/4NW1/4 and the South right-of-way line of Colorado State Highway. No. 392; thence North 89 degrees 26 minutes 57 seconds East, 446.88 feet parallel with the North line of the NW1/4 of said Section 19 to the Northwest corner of a parcel of land described in Book 873 as Reception No_ 1795199; - thence along the boundary of said described parcel by the following 3 courses; South 03 degrees 47 minutes 16 seconds West, 75.00 feet; North 89 degrees 26 minutes 57 seconds East, 50.00 feet; North 03 degrees 47 minutes 16 seconds East, 75.06 feet to a point on the South right-of-way line of Colorado State Highway No. 392; thence along said South right-of-way line by the following 7 courses: 446.01 feet along the arc of a curve to the left whose radius is 11520 .00 feet, Central Angle is 02 degrees 13 minutes 06 seconds and whose chord bears North 88 degrees 11 minutes 40 seconds East, 445. 98 feet more or less; 478 .90 feet along the arc of a curve to the right whose radius is 11400.00 feet, Central Angle is 02 degrees 23 minutes 31 seconds and whose chord bears North 88 degrees 12 minutes 34 seconds East, 475.87 feet; North 89 degrees 24 minutes 19 seconds East, 435.60 feet; North 00 degrees 35 minutes 41 seconds West, . 20.00 feet; North 89 degrees 24 minutes 19 seconds East, 524.00 feet; South 00 degrees 35 minutes 41 seconds East, 20.00 feet; • -North 89 degrees 24 minutes 19 seconds East, 117.30 feet to the True Point of Beginning. EXCEflt2 3 therefrom that parcel conveyed by Deed recorded' at Book 1523 at Page 394. EXHIBIT A �� IIIII��11111��illlillllll��IIIIIIIIIII1 2810485 12/01/2000 04:21P JA Sukl Tsukamoto • 4 of 4 R 20.00 D 0.00 Weld County CO PARCEL 2: -That part of the E1/2 of the SW1/4 of Section 18, Township 6 North, Range 67 West of the 6th P.M. , County of Weld, State of Colorado, more particularly described as follows: Cocrunencing at the Southeast corner of the E1/2 of the SW1/4 of Section 18.; thence West 651 feet; thence North 1 degrees 37 minutes East, 1,009 feet to the place of, beginning, said Point of Beginning being a headgate of a reservoir as now constructed upon said E1/2 of the SW1/4, running thence front said point of beginning North 48 degrees 15 minutes West, 35 feet; thence North 24 degrees 50 minutes West, 292 feet; thence South 89 degrees 10 minutes West, 104 feet; thence South 82 degrees 40 minutes West, 340 feet to a point on the West line of said E1/2 of the 5)11/4 a distance of 1,252 feet North of the Southwest corner thereof; thence North 00 degrees 28 minutes East, 102.1 feet; thence North 88 degrees 10 minutes East, 148 feet; thence North 06 degrees 50 minutes East, 226 feet; thence South 51 degrees 50 minutes East, 300 feet; thence South 70 degrees 45 minutes East, 156 feet; thence South 19 degrees 50 minutes East, 152 feet; thence South 38 degrees 00 minutes East, 179 feet; thence South 35 degrees 25 minutes West, 66 feet; thence West 92 .3 feet to the Place of Beginning. 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P t '7 F 1069 MARY ANN YHUk RSTEL'J (:iR:1'F F RECORDER WILD CO, CO 2 i r3 f, ,. t t record, all zoning and ill other rules and regulations of the State i%° ( " of Colorado, Weld County. :ire nil other governmental agencies, and <t at o c whirs Grantees assume. 44"At4ft f subject to the 1,3) tax•s, % NOTE: It is the intent of this instrument to convey the property ,s':,1{ •r t. u.r s e described in attached llxhtbit ' A" to the Grantees as JOINT TENANTS and not as tenants in common. a . w ly i• ariw (X I 2. irk,.: t S L. „ 1 � St ' v a Ti � }J �7t I yrr"Y ( h t I , 1 , } l II their I :} " ' and the above bargained premises in the quiet.nd peaceable possession of the grantna H{A heirs.Ili d assigns, t , 1� against all and every person or persons lawfully claiming or to claim the whole or any part thereof,the grantor t "4 i t: AIll x ' shall and will WARRANT AND FOR EVER DEFEND.The singular number shall include the plund,thc plural w tit• ' ,1 l Eli' the singular.and the use of any gender shall he applicable to all genders. I J. ' • IN WITNESS WHEREOF,the gmnlor has executed this deed on the die set forth above. III ,. : • i 7 .7 any Richards . SLATE OF COLORADO. �' b • SS. 1 Vii ' of—_Weld — � •']' G0aa.y } • • r •ti : The foregoing instrument was ai:knowlcdged before ine this 22nd day of September, II ` I `i.• 1989 •by Mary Richards I My commission exoires Sept ember 23, 1991• - .- ag EWitness my hand and official seal, nn AAA / J (IIAIIV Nom NMu , : UO\\C ' I l I I • • .� r A I 1. i TT' I 1 I r 'd , p 1 I ' R. R ,, 14 . , , .I ', arty,l'il 4f^ It5a i 'i f • 4 • '4A • t Y.1 t if, @ f/t. S: 1 'y .1 ti� . '•° rlti i A '{ tip-'' D 12.45IEC 0219.3435 10/02/89 15:27 $25.00 4/005 1“:” > !" ""tik t � �•,b' F 1090 ;PART ANN FEUERSTEIN CLERK 6 RECORDER HELD CO, CO (Ite,l " .�.- For I I0Se4-c(CO 8') yf k' • I • k y t SCHEDULEC • c, 1{ SY. 1 .! y� • f r i tIi�'•' The land referred to In Schedule A Is situated in the State of Colorado,County of Weld t tM i .T 1•, J' , Ni and is described as follows: t, p• d 3 }d, . • A tract o£ land being a part of the NE1/4 of the WW1/4 and part of the t , ji- NWI/4 of the NE1/4 of Section 19, Township 6 North. Range 67 Wesr of ct.e a, ! ell i 4:1,'Y6th P.M., weld County, Colorado and being mnrc particularly described as 1 {r 6'� 2y H t '11q1 14‘11.1 follows: 4 �{�f COMMENCING at the North Quarter bear of said Section st and considering ? ; '^ {'� w the North Line of said NEI/4 to bear North 89°'!4'19" East, with all other 1`1`• • bearings contained herein being relative thereto; .♦ 445 Thence North 89"24'19" East, 123/.06 Feet Co the Northeert Corner of the yl >}lq., NW1/4 NE1/4 of Section 19; Thence South 00°20'59" Wert, 40.01 feet along the East Line of said NW1/4 Y 3 ..d NE1/4 to the TRUE (DINT OF BEGINNING; }} Thence South 00°20'59" Went. 846.11 feet along said East Line; !i ti• I•'' Thence South 89°24'19" West, 2492.35 feet to a point on the West Line of the r}+•/ (' � 4• ° �" NEI/4NW1/4 of said Section 19; }Thence North 00°09'28" East, 827.03 feet along said West Line to a point being ,nti. 60 feet South of the Norti:aeac Corner of said NE1/4 NWI/4 and the South Right- ' • of-Way Line of Colorado State Highway No. 392; +> +�Y Thence North 89°26'57" East, 446.88 feet parallel with the North Line of the eY NWI/4 of said Section 19 to the Northwest Corner of a parcel of land described }� in Book 873 at Reception No. 1795199, Weld County Records; l• '°. - a r ` • c - Thence along the Boundary of said described parcel by the following 3 courses; � ' $ South 03°47'16'' West, 75.00 feet; 1 . . t `. North 89°26'.57" East, 50.00 feet; ` North 03°47'16" East, 75.04 feet to a point on the South Right-of-Way Line ., i1. i t , ' of Colorado State Highway No. 392; Thence along said South Right-of-Way Line by the following 7 courses; e - $ 446.01 feet along the arc of a curve to the left whose radius is 11520.011 feet, •. i ° y Central Angle is 02°13'06" and whose chord bears North 88'11'40" East, 445.98 r v t { feet more or less; I, ° 475.90 feet along the arc of a curve to the right whose radius is 11400.00 feet, ts•' Central Angle is 02°23'31" end whose chord nears North 88°12'34" East, 475.87 feet; North 89°24'19" East, 435.60 feet; t c North 00°35'41" West, 20.00 fwet; Norrh 89°24'19" East, 524.00 feet; - �.. y South 00°33'41" East, 20.00 feet; y North 89°24'19" East, 117.30 feet to the TRUE FOINT OF BEGINNING; i ' Said Tract of land contains 48.167 acres more or leas and is subject to any y, ''; •, ,`.' Rights-of-Way of other Easements as granted or reserved by instrument of record - or as now existing on said tract of land ^ ; • TOGETHER WITH that part of the E1/2 of the SW1/4 of Section 18, Township 6 North, 1 Range 67 West of the 6th P.M. more particularly described as follows: Et," t ' I` ',1!' i '4. COMMENCING at the Southeast Corner of the E1/2 of the SWL/4 of Section 18; Thence West 651 feet; Thence North i°17' East, 1009 feet to the PLACE OF BEGINNING, said )• ' �•' Continued Exhibit "A" I , a •1' r e ___ __ _- n 1245 RLC 02193435 /02/89," 15.2owr,npnvo'wc:rA CO/0:,O { ✓ • 5 fl II T TF 4 we '� I c lam° 1 1 Iy S S 1 •� .I R � A T , I. a • ry Ie "II' 4,4 j{ J M F{t gi . is r9 �, 1 1 �f 1:n} L.y «r u d 1 gg i'tjN y r 1 ,��y , r , .• rl , I ° , I,,rt B 1245 REC 02193435 10/02/99 15:27 $25.00 5/005 4 br ';;r `� r . y1.r • t{ . ' •H".I F 1091 NARY ANN PEUISRSTEIN CLERK c RECORDER WELD CO, CO } 5a Nr ? t, s SCHEDULE C CONTINUED ..„. 1 f 6 Y { i ( � ` Rp POINT OF BEGINNING being a headgaee of a reservoir as now construe to upon + � �+ s'� �eP !I 1' said EIe of the SWI/4, running thene from said POINT OF BEGINNING South I R 'Ark.; -• • p w 1 48°15' West, 35 feet; Thence North 24°50'0 West• 292 feet;e P 2rt Y' 'ti,,‘,-.i.,?;; •, c ` 89°10' West• 104 feet; Thence South 82°40' West, 340 feet to a point on the ' y5,�+ •va �hNn '" " t , J _ , West Line of said E1/2 of the SW I/4 a d0°28' e st 110221£feet; Thence North *4 1" hrt�t 7 y' Southwest Corner thereof; Thence North 0°28' East, Thence iouth 51°50' t p �; ?I, F8°10' 00sfe 148 hence South 70°45' Last• 1ThencetSouthn35°').5 tWest•566 feet; F Ay 3` . {{ ,1, 152 feet; Thence South 38° East, 179 feet; Thence West 92.3 :set to the PLACE OF BEGINNING, together with a1L other re- :1 by $ •• F} j r. , , + ? N° 'u; corded s as reserved in that certain 1293 Deed dated January 25, 19 and re- 1 "' 'I` '� corded January 26, 1951 in Book 1293 at Page 278, Weld County Records, to- Lt ! ' ' �•. Nether with reservoir tile system and pump with all its appurtenances, 4 � j. (••' EXCEPTING therefrom that parcel conveyed by Deed recorded at Book 1523 at Page I„}4. i 1 :.;.. "`.y 394, Weld County Records. .1,,;:k 1 f County of Weld. tT State of Colorado. 11 r t .: • ya .ys sr2 '6 . I ,1 k �� .S 1 . 1 -, c,• + i ), • • ,1^ 1 ` 1 R q •' , I - t? 1 t M1 1' • •'11 1 a ' n { S. •��• A j 1. . � 1 I I II lull 0111111111111 Ivim IU I II�lii mm • 2700616 06/2612000 12:09P JA SoldTwkamoto Sea I of 3 R 15.00 D 30.26 Weld Ikon's CO WARRANTY DEED THIS DEED, Made this 23rd day of August, 2000 between Jerry R. Roth and Sheila N. Roth of the County of Weld and State of Colorado, grantor, and George W. Hall and Betty Jane Hall whose legal address is 3026 4th Avenue, Greeley, Colorado 80631 of the County of Weld and State of Colorado, grantees: WITNESS that the grantor for and in consideration of the sum of THREE MEMO TWO ape-- THOUSAND PM MADAM SIITf EIGHT AND 00/100, (5302,568.00) Dollars, the receipt and 'sufficiency of which is hereby acknowledged, has granted, bargained, sold and ar conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the ap i grantees, their heirs and assigns forever, not in tenancy in common but in JOINT TAMMY, all real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows, SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF also known by street and number as 6686 Highway 392, Windsor, Colorado 80550 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO RAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal rep tives, does covenant, grant, bargain, and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premixes above e has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, n fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the sans in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soaves, except general taxes for 2000 and subsequent years;and SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF The grantor shall and will WARM, AND FOREVER DEISM the above-bargained premises In the quiet and'peaceable possession of the grantees, their heirs and assigns, ■ ainst all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular. and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. J6 Rit oth . Sheila M. Roth STATE OP COLORADO } es. The foregoing instrument was acknowledged before County of Weld } me this 23rd day of August, 2000 by Jerry R. Roth and Sheila M. Roth Witness my hand and official seal. .5�." My commission expires August 9, 2003 a }{o OD, ots 6e se.cia„ J . .• } d NOTARY PUBLIC • c r''\ 1113 Tenth Avenue No. 923A. Rev.';J-86 e" .' •j Greeley, Colorado 80631 INIIII MIN IIIVIIIIIII IIIIINIIIVINIIII • VS0614 0/12512000 12:O0P JA Sill Ta0amalo 2d 3515.00 0 30.26 Yield Coamry CO "EXHIBIT A• Y.RnAT DESCRIPTION PARCEL 1: • Lot B of Recorded Exemption No. 0807-19-2-RE2767, recorded August 18, 2000 as Reception No. 2787898, being a part of the NE1/4 of the NW1/4 and part of the NW1/4 of the NE1/4 of Section 19, Township 6 North, Range 67 West of the 6th P.M. , County of Weld, State of Colorado. EXCEPTING therefrom that parcel conveyed by Deed recorded at Book 1523 at Page 394. TOGETHER WITH Grant of Easement for ingress and egress by instrument recorded August 16, 2000 as Reception No. 2787648, over and across a tract of land located in Section 19, Township 6 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado 2700518 00/25/2000 1211. a0stl Tsilmmslo 3W 3R15. 0 D30S WSCeumyCO EXHIBIT "B" EXCEPTIONS Right of way, whether in fee or easement only, for communication systems and appurtenances, granted to American Telephone and Telegraph Company by Frank J. Knemeyer and Mable A. Knemeyer by instrument recorded April 21, 1941 in Book 1077 at Page 520, in which the specific location of the easement is not defined. Right of way, whether in fee or easement only, for communication systems and appurtenances, granted to American Telephone and • Telegraph Company by Ann R. Murphy and Clara M. Schauer by instrument recorded April 21, 1941 in Book 1077 at Page 522, in which the specific location of the easement is not defined. Right of way, whether in fee or easement only, for a pipe line and appurtenances, granted to Sinclair Pipe Line Company by Fred Lorenz and Mary E. Lorenz by instrument recorded March 19, 1963 in Book 1641 at Page 298, in which the specific location of the easement is not defined. (Affects NW1/4NE1/4 and NE1/4NW1/4) Right of way, whether in fee or easement only, for access, as reserved by Mary Richards in the Deed to Jerry R. Roth and Sheila M. Roth, recorded October 2, 1989 in Book 1245 as Reception No. 2193435, as more particularly described in said instrument. Right of way, whether in fee or easement only, for utility lines and appurtenances, as granted to Public Service Company of Colorado by Jerry R. Roth and Sheila M. Roth, recorded October 12, 1994 in Book 1462 as Reception No. 2410575, as more particularly described in said instrument. (Affects NE1/4NW1/4) Rights of way, whether in fee or easement only, easements, restrictions, and the terms, agreements, provisions, conditions and obligations as contained on the Plat of Recorded Exemption No. 0807-19-2-RE2767, recorded August 18, 2000 as Reception No. 2787898. NOTE: The following notices pursuant to CRS 9-1.5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within the property. (a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705. (b) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784. (c) Associated Natural Gas, Inc. , recorded April 10, 1989 in Book 1229 as Reception No. 2175917. (d) Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception No. 1874084. (e) Western Slope Gas Company, recorded March 9, 1983 in Book 990 as Reception No. 1919757. 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 fmds 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: Lot B of Recorded Exemption No. 0807-19-2-RE2767,recorded August 18,2000 as Reception No. 2787898,being a part of the NE1/4 of the NW 1/4 and part of the NW 1/4 of the NE1/4 of Section 19, Township 6 North,Range 67 West of the 6th P.M., County of Weld, State of Colorado. EXCEPTING therefrom that parcel conveyed by Deed recorded at Book 1523 at Page 394. TOGETHER WITH Grant of Easement for ingress and egress by instrument recorded August 16,2000 at Reception No. 2787648,over and across a tract of land located in Section 19,Township 6 North,Range 67 West of the 6th P.M.,County of Weld, State of Colorado. CONVEYANCES if none appear,so state) Reception No. 1538680 ,Book 617 Reception No. 1761634 ,Book 840 Reception No.2193435 ,Book 1245 Reception No.2789516 ,Book---- Reception No. ,Book Reception No. ,Book Reception No. ,Book Reception No. ,Book The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate 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 6th day of August,2004,at 8:00 A.M. Security Title Guaranty Company Security Title Guaranty Co. r a 4 By: rJz y‘ -'r'N\ 3690 W.10th St,2nd Fl.,7251 W.20th St,Bldg.A Authorized afore Greeley,CO 80634 (970)356-3200 - Fax:(970)356-4912 Toll Free:1-888-825-3215 1J•f -4... y� m-s+_•- _ .-w ' s'„i:ti {b : M.1 -' '1.- .'h':= yr -. vlt r { es,ct9.Ili, . 1 :'.en aces 800,50 ` s ,it -nrgms et lag ive •FHaD LORReZ end 11 E. 7a8RIL .: i 1�= OmSJaZ • ...Meld (,eaa Sts.•f F tfl '7iW a�' l' ' C ..e v ST 11 A a rmeTTHItATI011S AND TEN •'0 1=?/1'X� uuu�� '! assreelead I if_ ! i I.MI yy ti Sicomp . '14 a IIICI[ABBB and NARY RIO8A8DS 8 .I _ � PO ' t = i - se Neale r;... . + ' ` P re, 1 m ?". Camay Is _��[ pa,F,.aV,Wade la the Case y et •Vold _ 1� '3riT1" in eat tidfi ass wt: s 1 : .c'1 �n rl-- y� •» .alp. The It of d e NE;, the E} of the NM₹�, anal the North 25 AC s 0 .the I . 1 .t„ ,...it lo, .Y 1 — of of the saw all n Section 19, Towethtp 6 North, Range 67o Vest tii f6the h. « ttt P.A., sad that of thethetheon 18, •67 6th Y.N.,Southeastsore par ,.,et; a }. .• 10. thel at the 1. fact, t corner nc of t 3? of she 009 said Sea- • tion 18, thence lest 651 fact, thence North 3. 37* East 1009 feet to the w mm11»td gnat 1 p pled of beginning, said point of beginning being the headgete of a reser- ,I we - .� vole' as now constructed saidVest 35 of the feett,,}th nceiNNoorthe gal from 50• Vest . I •r X point eoft beginning nce Noht8 15 thence South 82 40• Vest yall r , , , 292 feet, thews South 89 30• Vest 104 feet, • -9"--;`.�;�' t "' 340 t to a feet Earth tofnthee Vogt Southweste of corner•d Eg of thereof,ttketoe•Northa0 20' ` ,t . �I darwW,nil _ gnat 102.1. feat. thence North pe 10' East. 148 feet, thence North § CO, ?""',....4. )>) Feet 226 feet, thence South 51 50• East 300 feet, thence South 700.45' E • 4yx �.e 1� u y Stet 156 fr=et, thence Soup 19O 50' East 152 feet, thane South 38 East e + n,s i{ 179 feet. thence South 35 25' gent 65 feet, thence Mods 92.3 feet to the f3 etavaeSPA 0.14 1:V]...`•+'y, • nisi, of beginning, together with all othor reservations, as reserved in _ rx iw ,I, i , eel attire at tk� the: oorte.n died M78, Jenuery Co 25, 1951. and rsoordao .,n Jruary 6, 1, 3. ` • , 1 vhtc•R add De 4•94-„...4',94. .: in Rent. 1297, Tags 278, Veld County Peooeit, together with rceerecin tile ):•,ac+J•Leos ++1 '°=tn'aia c v , syttes ar'- peep with an Ito appurtenances. •• .* 1 ;.�1 -er __ 4134.7,0.;),-,,,,[s 1 1118 kw/on• arma ^� s. y AL-Sett(,.+ 44,19- aa�• ., •*'e a`l• e•- l'• arraas.}a 11,44'4041-, • n a , 5•'1' n� ! m fdW di w s w:mcva*,sad lease the tills m the same,re m reservations nuntained in 4••:••••;l:'•.•A ` •ytf . " . i o Welted States ?latent; irtcluaion within tho Northern Colorado lector Ccnger h verily Diatrtot, the Windsor-Severance Fare Protection District, the Vest . � "' Greeley Soil Conoarvatlon District, and dement of Sinclair ripe id.v9 Veer ; tr easement of Aneriosn 'Feleph—• o- ,e anal fielegraph Company; to • 5,.® '! ' assemerts end rieaate ci' lacy of record, including parcel c,ntsining 2.48 Acres _ _ as conveyed to tat Department of oighnnysseor then State tes of Coleradcee�tT4 i Pine mesa 9.i r30tr°441 —A=113a.2!g9t13, a gl. l�d`�ar3is ='�.S�7 1� aa.am,adz ' __ �___ _. tember ,A.D.1965• II - Sped sad depend this 3rd des e1 5ep __ • V tae prance of (�1') _(SEAL) Fred _._._._.__.__.__..._..—__-.___. z _ _ MA' --- I r STATE OF COLORADO,a. _ - • COUNTY.OW-W&• I— ,• •*ETei,f was asiaawledpd before me this.-.Jed..-dry al Septeybela' • ,. - , 19 Af01EQ and NARY E. LORENZ. a Sent R.nu eseesseeee I. `me_ d rade eed. .._ s� Nerd 20, 1966. y ... tc 1..I $ of C% J " .. . ...._ . -. , lees,. a`, r)t!", • *if by use pans r person m.M Were is a are:a by pe. s"'ism k.ew•eerar r a®dal e•ader .• r „1�t r r•aeerepJre •ar Wrt r r earn r mac. etrear as re ether epadar•. er•4aee: ■b • - rake d earaa•S On Wet seer d red aloeo r darn,r Oro leeleee 6e mar an d ma_., S E 46,44:1:7131.1..;:; ay 7S �N. STATUTOS:AC'--.`•OWL ntt.r3s.ox i=. • _ e�y�/1. let 7. ea; e - WARRANTY DEED..Stautt ey Farm _ - II a•aer I- imam • . _ _ , . ._ - R�"" 7. r. 'I - t 1Fr..'w a nary 16 ?kW 7M4A .' v tL.� • sBf-.h /41.4 f Y.'K$ ei. lr. x > 1.tryY4XfPyl) Jt.J,I+ { fi±="9 '•k I r ...uov .J m..L `G XtiIiik, v v f Y nlp 13+1 f + 41 tlKrl'I 1 �" +' y„ ) , vii "•/ .f17,1J,�.sY, e tt.1...liili !A./ 'r r.,• '4 t+ ?*_,,,L.1.t'it y r t' Y 1}7 ,4 tot, r. fr .j��,jj 'Mt\11 ji Y r. it 1 ' I. ,t Jll t t r i }! .r r,It.,,,„nt:1,f,_,), .1.ST,Laldte;C ' ) e A•.....1 'At. YItrK�r'LeVI,: . . • 1A 't1 Il a�iF,'11 �'�r�l(7 rPl VIt?)�µr117t'eF en1 /IN K fr" ,t r I 4 It.- r :.e d If §f 5)j )� 1, r + ti h t, ',I.:, ,1<,� I . ..I1 . t In ��I. L�,��70 4v • ,, 'r a t Y 1.' ION No 1/4l. . Ire.A . I.,...,i Id,.l le, �IY u$ �i t . .---..�... . fi / r1 y • i'I Hill III II YflNl,, N941fv'NNY%NN7NYMYMNMYYYM%YMY NYR J)Yv NNN /.tr•y .f I Y MIN M nI Woolard I 'I I . . .111 1,1 0, potato..l ler No 1 44 i I WARRANTY DEED rs . -. (LCING FORM) ,. -- I COLORADO f v Th 1111 STAFF OF XRUCSAt Y. He 1 KNOW ALL MEN BY TIIESI'. I'ICFSI-NT.S ,.. Of ' ' COON TV OI WELD fiikC r el se Ek 1/ To Thal 2, 'P. D. RICHARDS, alsoknown as TOM D. RICHARDS, _ tpo Ir Co So i t at: •1 . - W pei IA of the County of Denton „lidV:A, nl Texas for and in 1,71.. Wei - ;.47 a t (..x.._:-_ `h, - � consideration of Fe Mine of ($10.00) TEN AND ::O/100 DOLLARS n—,1,-. illhl 4 thi i '� ? and other saluall consideration to th nnderslined paid ry the grantee herein named. the receipt of ',X-. ,4 thi F tht it. s .I 1 ot) which is hereby acknowledged.' �;7 19! .1, h' rlo-. '. i Cot Grantee assumes any outstanding in btedne ss against the herein ;. all described property, including all liens and ad valorem taxes. ,1 Exa �:a This Deed is made, executed and delivered without warranty of any pag ;I kind or character and in satisfaction of the requirements of a {I Divorce Decree in Cause No. 76-502-C, 211 District Court, .r Denton County, Texas. PT .4 1 it J i .`I hate.GRANTED. SOLD AND CONVEYED. and by these presents do GRANT.SELL AND CONVEY unto I MARY RICHARDS ' l nl tP,C,nnn i oh Denton and Slate of Texas .all of - the lellot.ine described real properly in Weld County.'�U*to-wit: 'll el (SEE NEXT PAGE FOR PROPERTY • • 1(l.. DESCRIPTION) n . -. 4 MC y„rpf lj viF`s,i1 l r'1 h.;Yu7 r P T.f, Y ' 'N' }1rnY )i 6 ivies I /', 1' r , % �4 /M ' II Sa dl • 4: ,4i it �AYrr ) ( Y" t, i 1, A .der 5 r 71 •4,i G{'4,vri� ` •�I M Z•��lyl'e �� 1-q}�� f��I�' <4iG�1 � c, echoes J/�Cy 1"/�i11i;14 T. y '• I S . In Ito rmmly ill +'� J, _ . .. -.-_ Wo1d - __ SLIe 7,7 robe odo, I:n° •wI th.o III,4 n 'Awe', if,*Ni: Q. +; The Wril Moll (W 1 /7) I. 1 the 11 t 'h •est Qunrler (NE 1/4) , the Last yd/' half IN 1/7) of the t:crthl'r.eL Quarter (NW 1/4) , nod the North 25 nor <' of the Northtcot Lnnrter (LW 1/4) of the Southeast Quarter (SE 1/4) , 't.. 4 • n.11 in Section Nineteen (19) , Township Six (6) North, *(nnue Sixty- '.F seven (67) Wort of the 6th P.M. , and that fart of the East Half (E 1/2) of tin Southwest Quarto' (SW 1/4) of Section Eighteen (18) , +t::. i Township Six (6) North, flange Sixty-seven (6'/) West of the 6th P.M. , lief • more particularly described ns follows: - - Commencing at the Southeast corner of the East Half (E '1/2) of the '° Southwest Quarter (SW 1/4) of said Section 18, th GGeGGGeca West 651 feet, ,V r thence North 1S37' East 1009 feet to the place of//Wgtrhn.ing, said e>c'. _ point of beginning being the headuate of a resew ir•ap19��no's G�on- strutted upon said 1/1 of the SW 1/4, running encsnce irh�r Naid r ` point of beginning North 48°15 West35 feet, thence y7orth 24*(1._'• ;r West 292 feet, thence South 89°10' Nest 104 feet, Lt,hehce South 82,;p' , West 340 feet to a point on the West line of said k4i.2 of ”+he Sll/vL// °f f': a distance of 1,252 feet North of the Southwest Ir,orferrtihpr of, ^G thence North 0°28' East 102.1 feet thence North '8M.Oe sag }48 fee `:E` ' FL,: thence North 6°50' East 226 feet,feet, 51°50"'"East'©d0'Vfeet ::1:.L: +thence South 70°45' East 156 feet, thence South 19°50' Eas4.152 feet,thence South 38° East 179 feet, thence !south 35°25' West 66"ft-et,thence West 92.3 feet to the place o: beginning, together wita all t other reservations as reserved in that certain deed-dated January 25 1951, and recorded on January 26, 1951, in Book. 1293, page 278( Weld L'F County records, together with reservoir tile system and pump with iwt%i • all its appurtenances, /,(/ ' Excepting therefrom parcel conveyed by deed recorded at Book 1523, h page 394, Weld County records, )� - 'I I-, , 1 `;:� k - • p 0., • F' :: ri • a kw IIN 11 • i1 •} l VI• s 1 t� Y b}S �akifif I�, -;4-.1 r sc w as 4. �r to r ' .rl N Ar1+a S +'R1*{.Y+){*1J tq er} r 4qh!/r 3 �. rZ*h rs.r e h + �„x 7 T s it 1 T d + ''4" Is %W. +Si t• .1. I" ''� ::"1; :..lvdt M.l � y:..,r . ,Y aij ef• wF�ir , 4 ! :7,7'.!e I!, ... s.w.,...uxt«,ur,t' t �f j ax. i r p°"K J40 7.'%61.634 a ;�; K. 3 3 ,. y I'D IIAVII ANT) TO IIOLT) the ;hove described premises, togrflici with all and singular the rights and • • appurte once% thereto in anywise belonging, unto the said grantee her heirs and assigns forever; it° __ and I do hereby bind my 0O1 f 1 my heirs.executors and administrators to WA RKANI j " 1 AND FOREVER UFFI'.NT) all nod singular the said prrndses onto the sold grantee her 1:!..':.,ri!• heirs and;••tans,against every person whomsoever lawfully claiming or to claim the same or any mut thereof, ({y s 'e# os s, . -.H., I _. w Lyyf :te 0 .vs ca v4 S '.i EXECUTED this 2nd day of June .A.D. la 76. ie • i i. ii T. D. Richards . , ll 3 `t 4 Y q i‘ Y •f, 11 Y b 5- C e (Acknowledgment) Till- STATE Ot II X AC ) 1 before roe.the undersigned authority,on this day personally appeared T. D. RICHARDS • known to me to he the person whose name is.. subscribed to the foregoing Instrument.and acknowledged to me that .h. , .executed the same for the purposes and consideration therein expressed. '` rr,amen under my hang and seal of office on this the 72nd` day of \ \ne 1 ,A.D.19 76 J \` ..x 1 ..1. \\ \.' Z,—^% Hoi.iy I'u is In and for T� Denton conaY.Texas. ' �/ � ' 0111 " •c.. . Y rJ rl 1 I a w n v 14 r\ 1 Jjn d I I ,j� i 1 : I i t• '• : IO :. r •_ ' r _ R • I p ''t1 f€ ,, t 7.I.--1,•F +n D 1245 REC 0210.3435 10/02/89 15.27 $25.00 1 /005 13135 �; � 93135 lice F 1087 MARY ANN FEUERSTEIN CLERIC 4 RECORDER WELD CO, CO 1 I I' ; I ' ! WARRANTY DEED REC'ORDER'S STAMP - •� 1 + t -vPr...4y`. THIS DEflly,Made This 22nd .day of Sept.ember --- State�umoitary Fee State �/ 11 � a f I r } .l 1, 1989 .hetwcen Mary Richards --- b•to. G2a(4J91•' J Su .�n.? .57 '. I 1I of the •County of and State of . • of it Colorado.grantor.and Jerry R. Roth and Sheila M. Roth`,- ' as Joint Tenants and not ss tenants in common - • nQ whose legal address isI 6686 Hwy #392, Windsor, CO 8J550 4:- , 1��'� of the *County of Weld and Slate of Colorado,grantee: •(1 R ; loo for:mti in consideration of the sum of I .41 ' I 'chat the 'ran ,. WI"fNI:SSGrI . F�' .�.. : Ili i A DOLLARS. One Hundred Twenty-three Thoisand Seven Hundred & No/I00-- �. (#123,700.00) the receipt and sufficiency of which is heresy ac.nowledged,has granted.bargained.sold and conveyed.and I rI' 1 �• � by these presents does grant,bargain.%ell.convoy and confirm unto the gmntecgkigaiA and assignsforever. I • '•• all the read property,together with improvements if any,situate.lying and being in the •County I of Weld and Slate of Colorado,described as follows: i (Description hereto attached marked Exhibit "A") ''I •. t a� Ill •a , I �- I�: RESERVING, HOWEVER,, unto the Grantor, for the use and benefit ! r.. `5 ' of herself, her heirs, successors and assigns, an easement I�' thirty (30) feet in width running North and South adjacert to i the West boundary line of the lands hereby conveyed for access ii ' I '�i. to lands owned by Grantor lying South of and adjoining the lands it II i ' '". 'i hereby conveyed, which easemeent is described as follows: Beginning at a point sixty (60) feet South of the Northwest r I 1' II' Corner of the Northeast Quarter of the Northwest Quarter III (NEW}) of Section Nineteen (19), Township Six (6) North, Range 1 � 1 '' $N, l Sixty-seven (67) West of the 6th P.M. , Weld County, Colorado, II ;; ,. ,, :�fk- which point is located on the South right-of-way line of H ; 'j e Colorado State Highway No. 392; II Irt:;.. i 1 i Thence, Easterly along said South right-of-way line a distance I , - of thirty (30 feet; S .- Thence, in a Southerly direction and parallel to the West jll a. . • boundary line of the tract. hereby conveyed and described in • attached Exhibit "A",to the South boundary line thereof; I• Thence, in a Westerly direction along said South boundary line a • I� distance of thirty (30) feet to the West boundary line of the • tract hereby conveyed and described in attached Exhibit "A"; �'‘,,' .4, Thence, in a Northerly direction along said West boundary line I• F: - I, y to the point of beginning. i v b i e• I ... il • i I �I III I •If in Denver.insert"City and"in this blank. I a i f No.L'2.Rev.11.tV. WARRANTY DIED B.A..J r.."aii.i 921W.M+ IuteuoJ Co .—I GI.rt,4%0 iI'.' • , ft , ' . . 1. tit l: n... I Ia, +r ' f . - �._.._ �.. i•0. �• I { :� ` �. 4 ,,,,-/. 4,-:.., .1 f• 111 ••'.;•14.• • • t f !. t 'ir t C: W I t .I ell; • �' • ii S q n! , . tit • ,. ., :it',j 4 ' w ( '. "II d J 1 k G ",•:•••t, r' • • 1. • , ! H i $5 k is Yf 4V1� ) r.i^ 1 p . ` � a • r `T II-nit*, i tf B 1245 REC 02193435 10/02/89 15:27 $25.00 2/005 S t v i t t i•• r?', F 1088 MARY ANN FEUERSTE=N CLERK 4 RECORDER WELD CO, CO 191`!tl ' 2 ,K ...:,-„,..4.11/2;,., �y ..:,..„:4,..`i t it y, [I C .f t ��* ' t� a1 i 3 wtl ',..,1-},' t rr • sJ. Sgq,�, YSy i !' • 1!eik ✓ ✓•7• : r-•i t-',j 1 t i''•:' r ,�' s ,C'` t .1*::• . ! f ; r " „• I, a II , t ei• ` l p 't also known by street and number as: 6686 Hwy ; 392, Windsor, CO 80550. Ili r I .' . II TOGETHER with all and singular tic hcreditaments and appurtenances (hereunto helongng, or in anywise appertaining.and the reversion ail reversions,remainder and remainders,rents,issues a.id profits • III sf•' : I thereof;and all the esmle,right,title interest.claim and demand whatsoever,of the grantor.either in law or . . I equity,of,in and to the above bargained premises,with the hcreditaments and appurtenances. TO HAVE AND TO HOLD the said pi emises above bargained and described,with the appunent nces unto , sr the grantee,his heirs and assigns foreve:. ' II And the grantor.for himself,his'oils,and personal representatives.does covenant,grant,bargain and _.I, , �G. agree to and with the grantee.his heirs and assigns,that at the time of the ensealing and deliver,of thes• i rr. r perfect,abs olute and indefeasible has goad,sure, •��; presents,he is well seized of the premise..above conveyed, B a ;md has good right,full power outho'�ilytogrant,bargain. Iii • e of inheritance.n law,in fee simple. e , •s• estate i - sell and convey the same in manner and form as aforsnid,and thus the same are free and clear from all former r• ll �, and other grants.bargains,sales.liens,tales.assessments,encumbrances and restrictions ofwhate✓er kind or i ii , { I naturesoever,except subject to easements, rights-of-way and restrictions of • iY r d e, i • E , • 4ft MEMORANDUM Wo`De. TO: Weld County Board of County Commissioners COLORADO DATE: April 19, 2005 FROM: Sheri Lockman, Planner II SUBJECT: RE-3948 The Weld County Planning Department has received additional information from the applicant and is requesting the following conditions be removed: 1.B regarding an adequate water supply. 1.C. regarding adequate means for the disposal of sewage. Given the recent decision by the Board to dismiss the probable cause for USR-1316 for stockpiling in the floodway the Board may wish to remove the following condition: 1.1 regarding moving stockpiles EXHIBIT WINDSOR St ._ Town of Windsor 4, " 301 Walnut Street • Windsor. Colorado 80550 • 970-686-7476•Far:970-686 7180 • u!wu+.tvindsorgor.coin COLO April 1, 2005 Julie Cozad Lot Holding Investment, LLC 1760 Broad Street, Unit E Milliken, CO 80543 Dear Julie, This will confirm that the Town of Windsor is willing and able to serve water and sewer to the Roth Property on the south side of State Highway 392 and west of the future 16th Street. Future access to the property will be from the future 16th Street and 17th Street. Sincerely, Dennis Wagner Director of Engineering EXHIBIT r -_ y LEGEND O L. 0 1F SEW 9 FE.%Skald R,1 0f Dw.pENWwFWaWNWlF31 I_FF...0R bsd EN witteriiii lit, imi Gaits Ram Piro NplNlwl assW Conwull%,�) a Lvi— ^ Hsi Mani Ir �co. y � ®WNW—Use OW ®v. a., __a__ 'it ..sa a I o oe.nees.,.W... &Owed Caviar ie _ — 1 ��a—. ®MWp. / /! \ a I —Wi WeR oar.. —o.w.wm.,..,'.wmm.. . K Peter Ethel. lOWN OE J ,F~ I I ,. _ I ` TOWN OF 1474 4 I! A _ — , 7 sr I ' it I IE7P_•�� a . , By 11 Y I 9 'VJ • :::::11 Tetra �?SATs � s = ,,w --roLw. Vt \' 1, \ ._ ` i t+ n. 4Y�l4 Y .# I . , •., , 111 �� 1 '1 tH! • a: . `�` ♦ ,It t 14 y LOVEL ND I N �eTr �eVs*© 4. �. .f L.. irj . � an OF I -- TOWN OF JOHNSTOWN . •. TOWN OF WINDSOR, CO LAND USE MAP h°• Liss Nett ._„ -. .e 1760 Broad Street, Unit E Milliken,Colorado 80543 Phone 970-587-2576 Fax 970-587-2630 LOT HOLDING April 11,2005 Department of Planning Services Attn: Sheri Lockman Weld County 918 10's Street Greeley,CO 80631 Subject: Recorded exemption(RE-3948) Dear Ms.Lockman: This letter is in regard to the above mentioned Recorded Exemption and addresses your letter of March 18,2005 and the Administrative Review. It is our opinion that we do comply with the following criteria of the Weld County Code for the reasons listed below: Section 24-8-40.A Evidence is enclosed with this letter. A letter from Dennis Wagner, Town Engineer for the Town of Windsor indicates that the Windsor is willing and able to serve the property with water. Section 24-840.8 Evidence is enclosed with this letter. A letter from Dennis Wagner, Town Engineer for the Town of Windsor indicates that the Windsor is willing and able to serve the property with sanitary sewer. Section 24-8-40.D The proposed Lot B currently is within the Floodway District,however,as indicated in the application materials, prior to any development occurring, a CLOMR and LOMR will be completed through FEMA, Weld County, Larimer County and the Town of Windsor. In regard to the stockpiles being located in this area,the matter was resolved by the Board of County Commissioners on March 21, 2005. The Probable Cause hearing on this matter was dismissed. As far as future development of the property, I met with the Town of Windsor when they updated their Comprehensive Plan and at the time the Plan was updated their Land Use Map was revised. The Town is very interested in developing Lot B as an Employment Center and changed the Land Use Map to reflect this. The Town was also excited to have some additional Multi-family housing, as well as Single Family housing on the new Lot A and parts of the new Lot B. A copy of Windsor's current Land Use Map is included with this letter. The Department of Planning Services sent a referral to Windsor for their review. I attended the Planning Commission hearing and they unanimously approved the Recorded Exemption. Windsor Planning staff also recommended approval. We have been working with the Town on the future of these properties for several years and the property will develop through the Town of Windsor. EXHIBIT Section 24-8-40.E As stated above,the floodway issues were resolved by the Board of County Commissioners on March 21,2005. Section 24-8-40.G The Administrative Review states that no application has been submitted to the Town for annexation of the site. The Weld County Code does not state that annexation of the property is criteria for approval of a Recorded Exemption. The Codes states that "The proposal has taken into consideration master plans of affected municipalities." We have in fact worked very closely with the Town of Windsor on developing these properties and as stated previously,the Town has changed their Land Use Map to reflect the future uses on these properties as Multi-family,Single Family and Employment Center.(See enclosed Land Use Map) Section 24-8-40.K Section 24-1-30.H and Section 24-8-20 Although this property has not waited a full five years before applying for another Recorded Exemption, we feel that this application can be approved and does still follow uniform procedures and standards. The intent of the five year time frame is primarily to prevent urban sprawl in non-urbanized areas. This property is not in a non- urbanized area and is almost in the center of the Town of Windsor. The five year time frame will occur in August of this year and due to some unique issues with this property we are applying for the Recorded Exemption so that a portion of the property(new Lot A)can be annexed ahead of the rest of the property(new Lot B). The main issue is the complicated processes of the CLOMR and LOMR through FEMA. Our intention is to Master Plan all of the property and annex Lot A first so that it can be developed, roads can be built and infrastructure can be put into place while the FEMA applications are being processed. The FEMA process can be a lengthy process. Section 24-1-30.N As stated above,the floodway issues were resolved by the Board of County Commissioners on March 21,2005. Section 24-8-40.M—Section 24-8-20C.1 As stated in the Section above,we feel that there are extenuating circumstances and we have met the intent of the five year time frame. We agree with all of the staff's conditions of approval with the following exception: Item 1.1. This condition does not apply. It was resolved on March 21,2005. If you have any further questions or comments,please contact me. Thank you for your consideration. Sincerely, C /G —e1 a ccw Julie A.Cozad Director of Development Services Lot Holding Investments, LLC I' , �i•iy §98-ir₹ RIND O roan Igi -" P I 31 WINDSOR, COLORADO I �i 3 R L68 KAPLAN/HALL-IRWIN CORPORATION �i,� al�n.ND CAW ryy4 . Lwn,nwC rDM.NJIXi 4.43313•4224,W[ �y LONAY2ED c.,.._ NOKMINi ACC4 $1 ILD RI .I OI'O1 IVIl CAW �Dy - ND N.N. a. HIGHWAY 392 - i l_ w � • � 0ahu• cmm { • D.wec°. ACC U a V el. ii �tine.�qD 'sr ,, . =.1 E . 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