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Home My WebLink About20043650.tiff • ‘tett� DEPARTMENT OF PLANNING SERVICES W ipC� ADMIN S RECORDED EXEMPTION REVIEW COLORADO Applicant: Gary D. & Susan C. Alles AMRE-558 Planner: S. Lockman Legal Lot B RE-558; being part of the NE4 SE4 Section 22, T5N, R65W of the 6TH P.M., Description: Weld County, Colorado Parcel ID#: 0961 22 000002 Lot B Size: Before: 38 +/- acres Lot B Size: After: 18 +/- acres Water Source: Central Weld County Water Sewer Septic District System: Criteria Checklist Yes No X 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. Page 1 rt ooq - r 2. Prior to recording the plat: A. The plat shall be titled: Amended Recorded Exemption No. 0961-22-4 AMRE-558 B. Lot B shall use the existing agricultural /oil and gas/ditch road access point as no additional accesses shall be granted. C. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld County's minimum size.If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. D. County Road 45 is designated on the Weld County Road Classification Plan as a local paved road,which requires 60 feet of right-of-way at full build out.There is presently 60 feet of right-of- way.A total of 30 feet from the centerline of County Road 45 shall be delineated right-of-way on the plat. This road is maintained by Weld County. E. 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. F. 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) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Amended Recorded Exemption number. 4) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot B has an adequate water supply of sufficient quality, quantity and dependability. 5) 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. 6) 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 Page 2 noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 7) 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. 8) 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) 9) 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 Page 3 • 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. 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 the Administrative Review was signed. 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. 5. The Weld County Department of Planning Staff's approval of this Recorded Exemption Applicationis based on satisfying the Conditions of Approval.Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval,then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. By Date July 26.2004 Sheri Lockman • Planner II • Page 4 oicIlici L.WI`De APPLICATION FLOW SHEETll COLORADO APPLICANT: Gary D. & Susan C. Alles CASE #: AMRE-558 REQUEST: Amended Recorded Exemption LEGAL: Lot B RE-558 being part of the NE4 SE4 Section 22, T5N, R65W of the 6TH P.M., Weld County, Colorado LOCATION: South of and adjacent to County Road 54.5 and west of and adjacent to County Road 45 PARCEL ID #: 0961 22 000002 ACRES: 19 +/- Date By Application Received May 24, 2004 Application Completed May 25, 2004 SL Referrals listed May 25, 2004 SL Design Review Meeting (PUD) File assembled t<..4• Lam. C t-\ Letter to applicant mailed le Ll . ©t-I c CLA1 Vicinity map prepared Referrals mailed I?•q • Cq- cAW� Chaindexed ic Li . oct ( Iw,- Field check by DPS staff I Administrative Review decision: fl ')f,V,1"U-ftk 7I _4. o`f 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 f ( er Overlay Districts Zoning Agricultural MUD Yes Nox_ IGA Yes No_x_ Airport Yes No_x_ Geologic Yes No_x_ Flood Hazard Yes No x Panel #080266 0637 C Road Impact S • • WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 1555 N. 171H AVENUE GREELEY,CO 80631 PHONE(970)353-6100, EXT. 3540 -FAX(970) 304-6498 rt. DATE: - 70 RECEIPT I UL5 RECEIVED FROM: �. ' NO. TYPE FEES 4221 -RE/SE 4221 -ZPMH 4221 -USR 4221 -SITE PLAN REVIEW 4221 -COZ 4221 -PUD 4221 -SUBDIVISION I - 4221 -BOA 4221 -FHDP/GHDP 4430-MAPS/PUBLICATIONS 4430-POSTAGE 4430 -COPIES 4730-INVESTIGATION FEE ' t c.. 6560-RECORDING FEE I\ MISC. } ❑ CASH Q(HECK NO: j(L' TOTAL BY: , .( ( " WHITE-CUSTOMER CANARY-FINANCE PINK-FILE 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 1"=100') Accesses indicated Shared Access? If so,is easement Certificate included? Roads labeled, including R.O.11' Building Envelope(s) Vicinity Map uit e Sc ° nimum 1"=2000') North Arrow l� Legal Description r� Notes from Planner/ Development Standards Conditions of Approval jctpt L — ' S ?Pt\C:, '&.-_ c.frPCE - 2IZJC�1`L^ tU.�} Owner's Certificate Notarial Certificate included?All owners must sign the plat, check the deed. Surveyor's Certificate and All surveyed plats Surveyor's Stamp Note: USR plats do not need to be surveyed Director of Planning Notarial Certificate included?(RE, SE, SPR, Final PUD if Staff Certificate Approved) Planning Commission (USR, COZ, Minor Sub.Final) Certificate Board Certificate (USR,COZ„ Minor Sub Final) (Final PUD, RE, SE&ZPMH if Board approved) Typical Road Cross Section (COZ,Final Minor Sub. and Final PUD) Easements ✓' Please return the plat to the CAD Technician within 24 hours of receiving the plat. Planner on Call: / (Initials) Planner Signature: Date: ila3!O4 • • DEI'ARTMENT OF PLANNING SERVICES ity,rat 1555 N. 17th Avenue Greeley, CO 83540 Phone (970) 353-6100, Ext. 3540 Fax (970) 304-6498 C. COLORADO June 2, 2004 Gary & Susan Alles c/o Bruce Johnson 801 8th Street Suite 220-I Greeley CO 80631 Subject: AmRE-558 A Recorded Exemption located on a parcel of land described as Lot B of RE-558; being part of the NE4 SE4 of Section 22, T5N, R65W of the 6th P.M., Weld c ounty, Colorado. Dear Applicants: Your recorded exemption application is being processed. If it is determined that ti ie application meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that ft.e 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 revic the Board of County Commissioners. You will be notified and asked to appear before the Board of C r Commissioners at a public hearing. You will be informed of the hearing date prior to the hearir ,. e Board of County Commissioners will then consider your application and make a final decision on the :,corded exemption. It is the policy of Weld County to refer an application of this nature to any town or mi r ricipality lying within three miles of the property in question or if the property under consideration is located rodhin the comprehensive planning area of a town or municipality. Therefore,our office has forwarded a cope(• the submitted materials to the Evans, Greeley and LaSalle Planning Commission for their review and con n tents. It is recommended that you and/or a representative be in attendance at the Evans, Greeley and La`. alle Planning Commission meeting to answer any questions the Commission members may have with r spect to your application. Please call Evans at (970) 339-5344, Greeley at (970) 350-9780 and LaSalle at .970) 284-6931, for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. Sincerely, Sheri Lockman Planner • w WELD COUNTY ATTORNEY'S OFFICE t 915 TENTH STREET C(11 .411411 414P.O. BOX 758 GREELEY, CO 80632 ' WEBSITE: www.co.weld.co.us C. PHONE: (970) 336-7235 FAX: (970) 352-0242 COLORADO April 21, 2004 Randall J. Feuerstein, Esq. Dufford&Brown, P.C. 1700 Broadway, Suite 1700 Denver, CO 80290-1701 RE: Gary and Susan Alles Dear Randy: I have reviewed your letter of February 13,2004 regarding whether the Latham Ditch, as defined by a 1887 court decree,would be considered to have created separate legal lots which predated subdivision regulation. My initial response to the inquiry made by Mr. Bruce Johnson, a realtor, was that the decree was a decree in condemnation and would not have conveyed fee title to the ditch and that the argument should have been made before the recorded exemption. Your firm's thorough research of the decree has revealed, to my satisfaction, that the Latham Ditch's title is a strip of land held in fee. As a result, the ditch would have created separate pre-existing legal parcels which could have each been eligible for conveyance and the issuance of residential building permits without a recorded exemption. Where we continue to disagree is on the effect of such information on the lots in the Recorded Exemption. Simply recognizing the ditch at this stage now that(Recorded Exemption) RE-558 exists is not appropriate, in my opinion. However, it may be possible to reach the result sought by your clients so further debate of this issue may not be necessary. I would suggest that an amendment to the Lot B of RE-558 be done to adjust to account for the Latham Ditch. This exterior boundary adjustment to the Recorded Exemption could be viewed as implicating the waiting period of five years between RE's pursuant to 24-8-20 C 1 of the Code (as amended in Ordinance 2004-10). You could follow this amendment with a Recorded Exemption on amended Lot B and on the parcel east of the Latham and argue that the five year waiting period ran from the date of the original RE-558 because the amendment corrected an error in RE-558. Please contact me if your have further questions. :ours t ul�y e' Morrison Assia ant Weld County Attorney w S DECREE OF COURT. 'STATE OF COLORADO, ) :SS. COUNTY OF CELD, ) Pleas in the District Court of the Eighth Judicial District of the Stet of Colorado, sitting in and_for the County of weld, held by and before the Honorable AL P. RIttenluxtse,Judge of the Eighth Judicial District of the State of Colorsdo,at a term thereof begun and holden et the Court Haase in the City of Greeley, in said county, on t .b second Tueedey(it being the eighth day) of November, in the year of our lord one thousand eight hundred end eighty—seven. Present r\ '1, Honorable ALBERT P.RITTENHOL'SE, Judge of said District. - ' N, . JOHN C.EEADEL.Esq.,3heriff of said County. CHARLES H.WHEELER,Esq., Clerk of sold Court. In the natter of- ... 5.BARDER, ) 464 vs, ) . Lower Laths,, Ditch) Company ) Be It remembered, that heretofore. and on to-wit:the 17th day of November,A.D. t 1887 (the 'wEe being one of the regular juridical days of the November term, 1887, of sal Court) the following •.proceedings (inter slim) were had and entered of record In said Court in said cause,to-wits \ 'JAMES S.3AR2ti ) ' 464 -1. ) Th Lower Latham Ditch Co.) At thin day comes the plaintiff by TARRY N.:IATNE3,Esq., his attorney, end the defendant by J.w.MaCREERY, Esq., its attorney, also comes. Thereupon the plaintiff d h mote the Court tnat judgment be entered by the Court upon the verdict of the jury hereinf Therefore, it is considered by the Court that the said plaintiff do have end renewer • of and from the sale defendant The loser t.athem Ditch Company, the nne of forty-seven dollars and seventy-seven cents, his damages, 'together with his costs in this behalf laid out and expended, to he total, And have ezecudlon therefor. And in consideration of this judgment It it hereby ordered, adjudged and decreed the said defendant The Lower Latham Ditch Company be seized in fee of the following desori real property siat'tate 1n the County of Weld and State of Colorado, for the purpose of we - twining and operating Its irrigating ditch through the lends of said plaintiff, to-wits A whelp o: land sixty-six feet wide, the center line of which is described es follow Coen enoing at a point or. the vast boundary line of the Southeast quarter of the Southeast quarter of suction 22, Township 6 Parity(' Range 65 West, 610, feet North et the Soutwest corner of said 40-sen nn trrct; ruing (hence North 61 °Eest (varia- tion 14.20' East) 262 feet, running thence North 3893 East 320 feet; running t -North 14938' East 257 feet; running thence Forth 9 *Vast 'a4t feet:running thence 'North 23•%est 178 feet? running thence Forth 34 '50 West 174 feet; running these* North 22953N West 602 feet; running thence Nort?. 13 'a-Sat 19; feet to a point on th Worth boundary line of the Northeast quarter of the Southeast quarter of said seMti - 22, 306 feet East of the Northwest corner of said last-named 40-acre subdivision; running thence North 29 '554 west 296 feet; running thence North A 'west 116 feet; ` running thence North 18 'Etat 60 feet; running thence East 2'North 352 feet; thence East 8 '45 South 767 feet; running thence East 30 '10' moil North IMO femtiran'- nine there* North 58 v 30 East 224 feet, to a point on the east boundary line of dl. Southeast (darter of the Northeast quarter of said sec}ion 22, 573 feet North of the --•'V Raatheast corner of said 40 sore treat, and is six 37/100 aerate STATE OF COLOILt , ) : 15. COUNTY OF wan, ) . I CHARLES H.WHPSLER, Clerk or the District Court in end for the County and state aforesaid, do hereby certify the above and foregoing to be a rull, true, perfect and complete transC- 6,. ript and copy of the fine' judgment entered In said court on '; the.17th day of Novemter,.t.D.1887, 1n a certain Dense therein AY •) then pending, wherein JAMES S.DAHDER was plaintiff and The II u Lower Latham nj.af,porrany wag defendant, as the same appears I1 i from the recordsnow sold Court now remaining In my office, WIT8E53 my hand and the seal of sold Court at Greeley, in said County, this twarty-second Any or :Mue:bar. t.fl.1A+7. • CHARLES H.101FtI.ER. �- - Clerk. NO. 80225. • • AMENDED RECORDED EXEMPTION (RE)APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE #ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 0 9 6 1 - 2 2 - 0 - 0 0 - 0 0 2 (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.ca Jsl. Part of Lot B -of RE558 Legal Description being part of NEiSEI , Section 22, Township 5 North, Range 65 West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes X No Is this parcel of Land, under consideration,the total contiguous land owned by the applicant? Yes X No_ FEE OW NER(S) OF THE PROPERTY: ** Name: Gary D. Alles and Susan C. Alles Work Phone #__ Home Phone#_339-5272 Email Address Address: 26285 WCR 47 City/State/Zip Code Greeley, CO 80631 APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must acompany all applications signed by Authorized Agent) **Name: A. Bruce Johnson Work Phone# 356-6110 Fax # 352-8761 Email Address abjohnson@ctos.com Address: 801 8th Street, Suite 220I City/State/ZpCode Greeley, CO 80631 NO CHANGE CHANGED Lot A Lot B Lot C Lot D Smaller Parcel Water Source Proposed Proposed CWCWD CWCWD Type of Sewer Proposed ISDS Proposed ISDS Rural Rural Proposed Use Residence Residence Acreage 1 acre 18 acres Existing Dwellings? If Yes, 1st address If Yes, 1st address If Yes, 1st address If Yes, 1st address below: below: below: below: YES NO (No Change) * If the property is recant 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 imposed state:proposed well,prcposed 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 applcation. If a corporation is the fee owner, notarized evidence ust be included showing the the signatory has to legal 4UUtgrity to sign for the corporation. orti Pa Q,�(' ,6.Q �,wn ri-e Li�� Signature:O er or Authorize}Agent Date S' at re: Owner or Authorized Agent Date ry D. Alles Susan C. Alles -4- • • RECORDED EXEMPTION QUESTIONNAIRE 1. a. Domestic Water: The attached North Weld County Water District letter of Service explains the water supply source for the proposed lots. The sufficient quality, quantity and dependability have long-time experience in this area. b. Irrigation Water: Irrigation water was removed from the subject land may years ago in an agreement with Central Colorado Water Conservancy District (CCWCD). 2. Sewage Disposal: A septic disposal system approved by the Weld County Health Department will be required with a building permit when applicable. Owners of that lot shall meet those requirements at the time of building permit application. The soil of that lot is satisfactory for individual septic disposal systems. A septic permit is not appropriate at this time for the size of the houses, their bedrooms, bathrooms, and number of people living therein are unknown. 3. Present Use of Property: The application parcel has historically been flood irrigated farmland until the CCWCD agreement. Since then dry farmland. Oil and Gas production occurs on the NW corner of amended Lot B. Existing irrigation ditches on both proposed lots must remain according to the CCWCD agreement along with the irrigation well along the south boundary of amended Lot B. 4. Description of Lots: Lot A will remain unchanged. Lot B will be changed to include only the land east of the lower Latham Ditch except Lot A. 5. Unique Physical Characteristics: The Lower Latham Ditch is the reason for this application and the most unique factor in this application. The property lies quite flat with road access along the east side and a great view to the west. The property is adjacent to WCR 45 and south of two other rural residences. The west boundary will be the fee owned Lower Latham Ditch. Farm land is to the south, east and north. Other rural residences are located to the north. Land to the west is bottom farmland and then the South Platte River 6. Building Envelope: The lot created by this application is substantially smaller than 35 acres (18), therefore building envelopes are not requested. 7. USR: There are no existing Use By Special Review permits on the property. • Weld County Planning Depa,64attt GREELEY OFFICE MAY 2 4 2004 Application Submitted•Not Deemed Complete RECEIVED May 20, 2004 Department of Planning Services 1400 N. 17'h Avenue Greeley, Colorado 80631 TO WHOM IT MAY CONCERN: Please send all correspondence with applicant to: A. Bruce Johnson 801 8th Street, Suite 220-I Greeley, CO 80631 who is our agent in this matter. If you need any further information, he will try to accommodate your reasonable requests. 1. Attached is a completed application (plus nine copies) for an Amended Recorded Exemption on property currently owned by Gary D. Alles and Susan C. Alles, the applicant in this matter. Subject land is Lot B of RE 558. This land was incorrectly identified at the time the original Recorded Exemption occurred. The error was it should have only identified that land east of the lower Latham Ditch (Ditch) because the Ditch is a fee strip of land described in Decree of Court dated November 8, 1887 known as the Lower Lathem Ditch. This land is located in the NE 'A SE 'A Section 22, Township 5 North, Range 65 West of the 6`h P.M, Weld County, Colorado. It is hereby noted that in August 1982 the county, the applicant and the surveyor did not fully address the property. The original application should have only addressed the land east of the Latham Ditch. Please see attached Decree of Court stating "Ditch Co. be seized in fee." 2. Included is the original completed Recorded Exemption Questionnaire(plus nine copies). 3. Attached is an 8 1/2" x 11" map (plus nine copies) drawn to include the following items: a. North arrow b. Estimated boundaries of the property c. All existing and proposed lots and their approximate size. d. Easement and/or rights of way e. Name of existing roads or highways abutting the property f Existing structures including: dwellings (NONE), mobile home (NONE), outbuildings (NONE), pens (NONE), irrigation ditches (YES), oil and gas well production facilities (NONE), or other unique characteristics(YES). 4. Included is the original Weld County Road Access information sheet (plus one copy) showing existing and proposed accesses. 5. A copy of the deed identifying the applicant's interest in the property. 6. Central Weld County Water District provides service along WCR 45. Attached is an availability letter. (Two copies) 7. There is not an existing home. An ISDS permit will be required at such time a building permit is requested 8. The original Certificate of Conveyance form and attachments are included in the original packet. 9. A copy of the paid real estate taxes for the 2003 is attached. 10. An acreage waiver form is not applicable to this application. (18 acres total) 11. A personal check for $990 from applicant is included as payment of the application fee. 12. The recorded exemption plat (mylar) recording fee will be submitted at the time the mylar is submitted for recording. The mylar will be prepared according to Section 24-8-60 of the Weld County Code. Thank you for your assistance in this matter. Sincerely, . cat/ / Gary D. Alles usan C. Alles Attachments: Application Questionnaire Map Weld County Road Access Information Sheet Certificate of Conveyance and Deed CWCWD Letter Real Estate Tax notice Check for Application Fee DE WELD COUNTY,COLORADO PARTMENT OF PLANNING SERVICE 1555 N. 17TH AVENUE GREELEY,CO 80631 PHONE(970)353-6100, Exr.3540-FAX(970)304-6498 DATE: / !/ 4/ 20 RECEIPT 1 444- RECEIVED FROM: I , , : 167 1 NO. TYPE FEES 4221 -RE/SE t' 4221 -ZPMH 4221 -USR 4221 -SITE PLAN REVIEW 4221 -COZ 4221 -PUD 4221 -SUBDIVISION 4221 -BOA 4221 -FHDP/GHDP 4430-MAPS/PUBLICATIONS { 4430-POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC. O CASH HECK NO: - TOTAL - •BY: WHITE-CUSTOMER CANARY-FINANCE PINK-FILE • REFERRAL LIST . NAME: Gary&Susan Alles CASE NUMBER:AmRE-558 REFERRALS SENT: June 2, 2004 REFERRALS TO BE RECEIVED BY: July 1, 2004 COUNTY TOWNS and CITIES _Attorney Ault _X Health Department Brighton Extension Service Broomfield Emergency Management Office Dacono Sheriffs Office Eaton _X Public Works Erie Housing Authority _X Evans Airport Authority Firestone Building Inspection Fort Lupton _X Code Enforcement Frederick STATE Garden City Division of Water Resources Gilcrest Geological Survey _X Greeley Department of Health Grover Department of Transportation Hudson Historical Society Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey Division of Wildlife: XLaSalle Loveland Lochbuie Greeley Longmont Division of Minerals/Geology Mead FIRE DISTRICTS Milliken Ault F-1 New Raymer Berthoud F-2 Northglenn Briggsdale F-24 Nunn Brighton F-3 Pierce Eaton F-4 Platteville Fort Lupton F-5 Severance Galeton F-6 Thornton Hudson F-7 Windsor Johnstown F-8 _X La Salle F-9 Mountain View F-10 COUNTIES Milliken F-11 Adams Nunn F-12 Boulder Pawnee F-22 Larimer Platteville F-13 Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES Poudre Valley F-15 US Army Corps of Engineers Raymer F-2 USDA-APHIS Veterinary Service Southeast Weld F-16 Federal Aviation Administration Windsor/Severance F-17 Federal Communication Commission Wiggins F-18 Union Colony F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER Fort Collins X_School District RE-6 Greeley _X Lower Latham Ditch Company Longmont West Adams _ . ' 4 . 20C"- 2 : 06P14 �o , p?c % ..6 RVA - , • ECIYLu Jiiii <0?-' . i S li _____________________ O Weld Coum'y Referral COLORADO June- 2, 2004 The Weld County Department of Planning Services has received the followinc itr-:rn for review. Applicant Gary& Susan Alles Case Number Ar _.____-558 Please Reply By ——L— i PY July 1, 2004 Planner Shei i Lockman Project Amended Recorded Exemption ry Legal Lot B of RE-558; being part of the NE4 SE4 of Section 2 ? T5N. R65W of the 6th { P.M., Weld County,.Colorado. Location South of and adjacent to CR 54-1/2'. west of and adjacer it to CR 45 For a more precise location, see legal. Parcel Number 1111 0961 22 000002 The application is submitted to you for review and recommendation. Any Corn lents or recommendati• on you • consider relevant to this request would be appreciated. Please reply by the 0, ove listed date so that we may give full consideration to your recommendation, Any response not receive,,, before or on this date may be deemed to be a positive response to the Department of Planning Services. I: 'ou ha\R;any further questions regarding the application, please call the Planner associated with the req est. Please note that new information may be added to applications under review during the rev: ?w process If you desire to examine or obtain this additional information, please call the Departmr: it of Planning Services. ,teaa We have reviewed the request and find that it does/does not comply o• b. our Comprehensive Plan We have reviewed the request and find no conflicts with our interests fp See attached letter Comments' Signature :�� . :. .�jv�, t \\ACC`- '--- _ � )) Agency °'-i r' )G .J / I,Y�, j t C?r ' iR, Date •:•Weld County Planning Dept +1 55/N 17th Ave Greeley ca 80631 (970)353.6100 ext.3540 •L(970):su4-6495 fax 06/16/04 WED 07:17 FAX 970 348 6430 Weld Co Schl Dist 6 FAC Cr7J001 • • LtHe--..3/4.>1\\ CC- Weld County Referral COLORADO June 2, 2004 • The Weld County Department of Planning Services has received the following item for review: Applicant Gary & Susan Alles Case Number Am RE-558 Please Reply By July 1, 2004 Planner Sheri Lockman Project Amended Recorded Exemption Legal Lot B of RE-558; being part of the NE4 SE4 of Section 22, T5N, R65w of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 54-1/2; west of and adjacent to CR $5. For a more precise location, see legal. • Parcel Number 0961 22 000002 The application is submitted to you for review and recommendation. Any comments or n;commendation 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 o on this date may be • deemed to be a positive response to the Department of Planning Services. If you have any turthor questions regarding the application, please call the Planner associated with the request. [lease note that new information may be added to applications under review during the review pro Less. 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 riot comply with ( iur Comprehensive Plan L We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. • Comments: • Signature G f1 G 6 to Agency kN)C, XG Date :•Weld County Planning Dept. 41555 N. 17th Ave.Greeley, CO.80631 4(970)353-6100 353-6100 ext.3540 4(9701304-6408 fax 401 AA n , p WI I D C Weld County Referral COLORADO June 2, 2004 The Weld County Department of Planning Services has received the following item for review: Applicant Gary& Susan Alles Case Number Am RE-558 Please Reply By July 1, 2004 Planner Sheri Lockman • Project Amended Recorded Exemption Legal Lot B of RE-558; being part of the NE4 SE4 of Section 22, T5N, R65W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 54-1/2; west of and adjacent to CR 45. For a more precise location, see legal. Parcel Number 0961 22 000002 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. ❑ ,Wde 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 �h --D y_Uf/ Agency Date +Weld County Plana' Dept. +1555 N(1 th Ave. Greeley, CO. 0631 t(970)353-6100 ext.3540 +(970)304-6498 fax JUN-08-2004 TUE 10:53 AM COUNTY FAX NO, 3046498 P. 01 • • Kstiai CWeld County Referral COLORADO June 2, 2004 The Weld County Department of Planning Services has received the following itern for review: Applicant Gary& Susan Alles Case Number AmRE-5 58 Please Reply By July 1, 2004 Planner Sheri Lo.aun :n Project Amended Recorded Exemption Legal Lot S of RE-558; being part of the NE4 SE4 of Section 22, TF,N, R651/1/ of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 54-1/2; west of and adjacent to (;i 45_ For a more precise location, see legal. Parcel Number 0961 22 000002 p The application is submitted to you for review and recommendation. Anycommenr ;or recommendation you consider relevant to this request would be appreciated. Please reply by the above isled date so that we may give full consideration to your recommendation. Any response not received bet(,re or on this date may be deemed to be a positive response to the Department of Planning Services. If you lave 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, I� We have reviewed the request and find that it does/does not comply with ow comprehensive Plan Ll We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: • Signature jo""'�-re� f/ tJana task Q ✓ Agency y o f Vans p �C) / ' *Weld County Planning Dept. +1555 N. 1 7th Ave. Greeley,CO.80631 +(070)353-6100 ext.3540 •x(970)304.6498 fax • • L WIC.p Weld County Referral COLORADO June 2, 2004 The Weld County Department of Planning Services has received the following item for review: Applicant Gary & Susan Alles Case Number Am RE-558 Please Reply By July 1, 2004 Planner Sheri Lockman Project Amended Recorded Exemption Legal • Lot B of RE-558; being part of the NE4 SE4 of Section 22, T5N, R65W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 54-1/2; west of and adjacent to CR 45. For a more precise location, see legal. Parcel Number 0961 22 000002 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 qaG We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: ) I- XwtU cct, ecu 1 C Not VA fa Cr--r( k (1l no Vr i (-Anti cyti{) 0- Signature crA ref\ lQ -� Agency Z_L ni': (y� r� Date •}Weld County Planning Dept. +1555 N. 17th Ave.1' Greeley,CO.80631 +(970)353-6100 ext.3540 •(970)304-6498 fax ract# ,,i; Memorandum TO: W.C. Planning, Sheri Lockman CDATE: June 21, 2004 FROM: , EH Service; Deborah Blandin COLORADO CASE: AmRE- 558 APPLICANT: Gary & Susan Alles Environmental Health Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed home septic system(s) and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 2. All septic systems located on the property shall have appropriate permits from the Weld County Department of Public Health & Environment. The Environmental Health Division of the Weld County Department of Public Health & Environment was unable to locate a septic permit for the septic system located on the smaller parcel of this application. Any existing septic system(s) which is not currently permitted through the Weld County Department of Public Health & Environment will require an I.S.D.S. Evaluation prior to the issuance of the required septic permit(s). In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current I.S.D.S. regulations. 3. All septic systems must be located on their respective lots and meet all lot line se back requirements. : u Ill I &t 41.,(\ 'I!N - JWELD COUNTY PUBLIC WORKS DEPT C Weld County Referral COLORADO• June 2, 2004 The Weld County Department of Planning Services has received the following item for review: Applicant Gary& Susan Alles Case Number Am RE-558 I Please Reply By July 1, 2004 Planner Sheri Lockman , Project Amended Recorded Exemption Legal Lot B of RE-558; being part of the NE4 SE4 of Section 22, T5N, R6SW of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 54-1/2; west of and adjacent to CR 45. For a more precise location, see legal. Parcel Number 0961 22 000002 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 Con prehensive Plan We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature 09 - . , g[I 6 1 8 _ O4 Agency \ 1A ) Date +Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO.80631 4•(970)353-6100 ext.3540 +(970)304-6498 fax '5;CMEMORANDUM WilkTO: Sheri Lockman, Planner II DATE: June 24, 2004 FROM: Donald Carroll, Engineering Administrator COLORADO SUBJECT: AmRE-558, Gary & Susan Alles The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are as follows: COMMENTS: WCR 45 is designated on the Weld County Road Classification Plan (FHU) as a local paved road, which requires a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. The road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. WCR 54.5 is designated on the Weld County Road Classification Plan (FHU) as a local gravel road, which requires a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. The road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. REQUIREMENTS: The Weld County Public Works Department recommends approval of this application. The access shall be placed in such a location to have adequate sight distance in both directions and not below the crest of a hill or where physical obstructions are present. (Lot B) The applicant shall utilize the existing residential access to this parcel. (Lot A) If a drainage culvert is required, a 15-inch corrugated metal pipe is the County's minimum size requirement. If the applicant chooses to place a larger culvert, please contact the Public Works Department to adequately size your culvert. Direct access from a public road shall be limited; only one access is allowed per legal residential parcel. No circle drives will be allowed. In accordance with Chapter 8, Article II of the Weld County Code, this policy shall apply to all new and existing accesses within the unincorporated areas of Weld County. Properties within municipalities or other counties that access Weld County roads are also subject to this policy. Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. pc: AmRE-558 M:\PLANNING-DEVELOPMENT REVIEW\RE-Recorded Exemption\AmRE-558.DOC • •1 . "' y i1 v t z 1 •sil- —� ".• . S. a 4 • :p 41 r Nik, •••• wit :ii IF — " 4 r 1 t • — — , . yy N. It ,• .. Ii .. ,; I. I - 1� rr -.i ' al ._ . • .v..,41 .... 1........: t -- ••••••.............., • i [:iiE t1. t- •�;J; ! I .l I 4'I . j... _ } i- _ I. .r.i� . `. ,4..,rr i .:: I : -. r i:::: '...:.' PO I III ,„ L ,. ` `- ` , { / �. •: r .r rr.: • E:ii I 111 III° / �•. . •7•-+ r._ i. ♦ [. r - ra , ,tool 4 1.51, - " I Ii II f it 11 �.. / -I -r= - .:� _ .� , • I �� •II r _ s '-tA ate_- .—, .-, "^-ti , ` Ali • .-' . . ?. ... ` r' V a t. in ti t. 34 . - Si'_ _ .. _ - O ._.•$...a 21 _ .. +.eet 4 v ♦�. 1 -, - I • ik k - talliMill. . Ill -j .. ;O1 er * j -:i•.‘;:11.€2:11,.ir 41: • ligillie I I . `• a • ` i,.. 54 5 a - - .� 4 i r. -- -• ',IL : %''. a 1- el , --r-. d. 1 • li i •II . .._ i-• • r 4 4, •"1. • . (/, , ._ e -Ir.1,..-ps, iprz. r . _ . ..,,,, -71,00z - 1• II _ I • i n. .$ nk FlataAbis ) A 4. - - it . ,.... . _... \ , . .. a i{ co r4 _ ..- ' - • _ is, _ . t .a- a se � J�- f - . • 4.11 illikt I - - ..'II.i f .1, _ ' r .XyrE i#• - wf/r, } �� . i t I] =_its '`�.•i I �' `t.• ' a —fit+ :�. ��J�. l t? i t a Ali tri " illir;t it`'•%a: —_—_-f_- �4 .•••-••••''-* y Imo. y 3i • Road File#: / Date: May 20, 2004 fig' RE#: Other Case#: Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970)356-4000,Ext.3750 Fax: (970)304-6497 1. Applicant Name Gary D. Alles & Susan C. Alles Phone 339-5272 Address 26285 WCR 47 City Greeley State CO Zip 80631 2. Address or Location of Access I mile north of intersection of WCR 54 and WCR 45 . NE a SE a Section 22 Township 5N Range 65W Subdivision Block Lot Weld County Road#: 45 Side of Road east Distance from nearest intersection I mile nort of WCR 54 3. Is there an existing access to the property? Yes X No #of Accesses 2 4. Proposed Use: ® Permanent ® Residential/Agricultural ❑ Industrial O Temporary ❑ Subdivision ❑ Commercial ❑ Other •iali4Ylits'IYili+laaiNaNMSIM+Yih atMaaaaaalaaaaaafaaaaaaa **ant** LlalfaiafYaYMHiHtM4}aY***********IIAYwiaaMiiaaaYYta 5. Site Sketch U 34 Legend for Access Description: AG = Agricultural RES = Residential O&G = Oil&Gas Not a Throu WCR 5 & US 34 D.R. = Ditch Road Rd. 0 = House r "-o" O = Shed 5" CIE NI Ag/Rem Ditch 0&G WCR 5 an aaaawwaaaaaaawaaar*»asasnwaaa.aaa*aaa*aaaaaaaw U U 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: CERTIFICATE OF CONVEYANCES WELD COUNTY -7 • • • • r h I I,• l r , I ) ilk • a • • • ,..� 111► Y �i�rrr■■.Er �rS-"' ti- , __:r �..... r.� n1116r��p: .r�.r■rrusiwu ,• ; + ppFu�j .. tr'�f�rrrret.err rf _ - f7P tir r.�.rrrrrrr rrrrr '-__J.y te+. . f^� - p.J i rrw.rr.unrrrrrrrr� ■w..tl�!♦I�ufr.a......w..rr.u�in�il ` • 111�.cw ►t l..1�4 rim ,w r y r � '( ter` j _ �I_ r .r_. rnr �aoo _ ? -1 ..-,s - - a it �1�' ��r�w�rt�l� • L 1 �L ud\Orl - w— i � �D ,/f 1ii6'tri11Pt1�„� - � �llv� ' G [,,1\�� ! 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I I :{.k n • - ,i Il ♦ 1 • .; : + X1,1'i1 i I. 11l'‘,•;441. 1 I `Sy}{ , 1 1'I,�is '1 .04II � ,!., tNL Twc'.uru.(Wp�y h,• 1• P 1 . RI II I�e �� ' I . i' ' 1' 1 f 1�• '• I{�F F'1 ;rill 1 :1 -' r 1 - l i :I.*# t.10i Iii t Yi "tr :: , . t .q. . . . I 'II1 "♦W�9K!`A"ry�yr," j0!N .1.... ..y s.lJ.�..i__...i:•gl'stk�l'C•t�l•J._� ' 'CT-��.�.uv...•r -a ��n, , .. ..... . ....,. v:. '. ?r7J•,.- ..:�J!. • �+m+- —Y -�..r �.�'"•' — •-ttoXaa'uwblwiw%/A1�tu�fw...••..!�:.v....�' 1 { i i 1 i Road File#: Date: May 20, 2004 RE#: Other Case#: Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970)356-4000, Ext.3750 Fax: (970)304-6497 1. Applicant Name Gary D. Alles & Susan C. Alles Phone 339-5272 Address 26285 WCR 47 City Greeley State CO Zip 80631 2. Address or Location of Access I mile north of intersection of WCR 54 and WCR 45 . NE SE Section 22 Township 5N Range 65W Subdivision Block Lot Weld County Road#: 45 Side of Road east Distance from nearest intersection I mile nort of WCR 54 3. Is there an existing access to the property? Yes X No #of Accesses 2 4. Proposed Use: ® Permanent LEI ResldentiaUAgricultural 0 Industrial 0 Temporary 0 Subdivision ❑ Commercial ❑ Other ...*....++re..«,.MK**.s...nra.aaH+Nw.aaf»»,...m*+fMaw .N ffa>r*a+.fwl*****fU.t+it..naM11..+1f*****rn.f.i..awMHse 5. Site Sketch U 34 Legend for Access Description: AG = Agricultural RES = Residential Not a Through WCR 5 & US 34 O&G = Oil&Gas Rd. D.R. = Ditch Road O = House O = Shed 54 �tE NIAg/Rei I Ditch—� 0&G WCR 5 In r r-- x a OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized ❑ Information Insuffident Reviewed By: Title: CERTIFICATE OF CONVEYANCES WELD COUNTY -7- 0 Al/Es P/4T EAst- /( cM s,-"E, 5e:1,cvi S2,a, -r ,:,stirp5h1 ill Palle- 6,S---ft; 114 4 P A-i• , Weld_ld dcw 4, e)cceY-_ L1 vi kc Cwt 4 1 C cS1 1149-1 SDK f 4.Ai td CerNcr ti P— % 1 ilk' 1U£t¢52-K4' k 5 / ' Pr-CPO-Ceti 'Ili Sec, zz, °- m. o no Ri e5w' fez P Fe' S I \\\ \\ \ arcun:�zt � N\ rd&, t)kk � A :..4-1,------p Access C 53� ' A-wised- d- 40c-ess ' ' , t≤J s avrgk�r t . ' be fek I , .-rvti /ymCte O Brij e 0` it d Access•{-c L.2vi� — rr-Lower\\.. -VkC uvt et-l- -k /', / Gx(1$-kll 64c,k/ oA *, As Actess Prcpcs€t1 Access T Lain i,ec-/c.1-) tcct•er c IL? Cenw r O-6" L a{ ha t)i (Ch . Ait/4 Sz %' Sec4covt 22, !.15 cLa ezLSevviE klN-, TTi,vp _5'A,/ 4?q G S' LC A //is P/41- E s1-- Ns% sf% Sex-trout aa, 'r ketSki Rate, 6Sto, 61k PA-4. , tool l__ &c gy g A 5S8 hou.wet- _ Z h e \ 2C (21 A y �i Q Sash 4,SSI*� (Th V r4 E 5 R�u�d,t e • s c AI Cc++cr P 2 NiY4 s � ti Y 1, f. 5 rYcpE5P� Sec, u, a_ w c �kr s-N,s- ' Q ; ' \ `, GAL 13 2,7 ts wI 4 o_ r Paraw4er UAL. D kk ?1 53-1 .<--(-----"Access �f�, ` ' i 49 • s Ace6?-ss 1 2rr zytatcm i gyp;4C, . -if-wya to., --"Ntptr0/ BrcOg e / , I Access 44'4i_ T Tr 1 tieec4 c-0 fewer / Lcxcv awi Ai tc k. ! Fyis-t w t r-4c 7/ CA el, Ai Aceess &cpcsc'd Access 75 Gaud 4.'es{at' L-cct•er S CC Certup r C La{.-_Ina 4,. Q 4tL . N . SE%! Se'e•-4tovt 22 45 are �4sc�wen� . "rwo p sN, kg s CtJ. icenurv'taunts ?age ! or Pmrce0 VakoatIcn Account*: R3916385 Parcel*:096122000002 Demna:re Name;aAddress: Pmnerry-addresa: ALES GARY D&SUSAN C Street: 26285 WELD CO RD 47 City: GREELEY, CO 80631 Stasiness/Com$Gex: Leval Desscrist6on PT Nc4SEd 22-5-65 LOT B REC EXEMPT RE-558 (.86R2D.15i-) Land Value $12,990 Land Assessed Value $3,770 Imor.Value Q Imor. Assessed Value Total Value $12,990 Total Assessed Value $3,770 Total Taxes: $309.08 Amount Due: $309.08 Tax Area: Semler:ng County: Thwnsh6m Rance Section Ouart.Sec. Subdivison l'ame Block*Lott 05 - 65-22- 0 - - Land Subtotal: Acres:36.14 Sale IPr6ca Sale Date Deed Type Reception S $0 bttp:/./maps.mer=ick.com/94 ebsitersAleid/setsgi.asp?cmd=QUERY&DET=parcel&p in=096... 1/27/2004 • • • CERTIFICATE OF CONVEYENCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUTY OF WELD The Security Title Guaranty Co.TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has been made a careful search o its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972,and the most recent deed recorded prior to August 30,1972. LEGAL DESCRIPTION: Lot B of Recorded Exemption No.0961-22-4-RE558,recorded August 12, 1982 in Book 974 at Reception No. 1900352,being a part of the Northeast 1/4 of the Southeast 1/4 of Section 22,Township 5 North, Range 65 West of the 6`h P.M.,County of Weld, State of Colorado. CONVEYANCES if none appear, so state) Reception No. 1218 ,Book 76 Reception No. 1329 ,Book 515 Reception No. 1602079 , Book 680 Reception No. 1854837 ,Book 933 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 23 day of April,2004,at 8:00a.m. Security Title Guaranty Company Authorized Signature Security Title Guaranty Co. 3690 W.10th St.,2nd Floor Greeley,CO 80634 (970)Toll Free:1-888-825-3215 4912 I I 12i8 rnex . 194- 9.9P s et at. 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Artste Date of la nth--NOdt?A7£2 19e195r ... _ '' fast it in not ntcaaax3 ix , ' .. x. _ It appealing to ad atfoen�9 �. granted by the Colorado Written)es.Mr agalret tit betel .r r a r^ estate,in which the ten raved deader :st sn interae01 y 1 :fa: rated to se seder the,E'er tbdav of t, i OS,Chapati ' ,7fda i' Annotated,asM'ebf<I do hereby•: T can tit-ratn►d d 41`nr 4 '• tax lira avant the followIt r d 3:1 sate;,,trail: 1. P .. .. IsECTION 22-toff 5 It lt 65 NEST / THC Gilt - la ICOLORA00a TOCETttER ?I' TM $6-SHs a� 9'9: 4F 11 . ;�+�+ ". 11 SH.CAP STK OF TH' UNION rE£ RVOt 'Co --. RECORD OttltEP$ A tr Instil A1,•E NO PT-441, }r-,;.;,- T Si OF sE AT 1TE** or SE:i ,t `toP THE 6TH P N t HELD COUN"9 C'` �p^0 T1SET i1'rt,, RIGHTS AS £VIOENCE1 BY 5 St"' P1' I or 4 IRECORO O','RvE'S-ANTO4 tt .1E1'13" ?'' 1`t,RTN5 1 ,1 r A I /A 'fi t. ri I: t 3I i .e ic" ' Z k I ' '„ ./ u' I I ??,• 7,,Psr e # ., Annoy W.flee*an, } Dated at*.aauvw.,Oolora°,'1s, Asu+ay cc c--,'..r,_ t FEBBUARr 2T i Nim.Teateae, ;-$ • A.saesat AtbrY. C..anl 2. ii idey�be wrwrae aka id w ska4sad artW ^+•r,r 1?T • t" ftl '' S1 ' . ir n I -'Mar Ma raMY/a ''aytl )t 1:;„4,,1 i f ( r -• ‘ L•tr • • ‘ 1. <ew t • .3 . ,�4....• 'III t i a 3 a.i*k l 1 r' . _ •- . - i"I II ,I L. \! rot- �1 680 _ . = Kw iYY9 .. t3 --- LAST WILL AND +k5TAMENT qtr ,77: E - ••i...1 I I, MARTHA A. JENSEN, of Weld County, Colorado, being of 1, '1'. a i full and legal age, of sound and disposing mind and memory and ' 4 1: a under no duress . ' constraint, do hereby make, publish and de— _).. r r+ ti c dare this Lo be my Last Will and Testament, hereby revoking a ,, N4. 3 any and all other Wills and Codicil: t ;ills heretofore by me - - �; _, at any time made; that Sa to say 1, r I. N �- ne I direct that all of my just debts, claims and demands S Cl • 4• allowed by the Court, and funeral expenses, be paid out of ny t- . ... estate a; soonas conveniently may be after my decease. J} C { t -i I I. 1 a + ..-"-:,k N 4• n -x. = I give, devise and bequeath all of the rest, residue and 1� '4" •i y.• remainder of my estate, of whatsoever nature or description, c ,. '. 16•(1.(%' whether real, personal or mixed and wheresoever situate of which ` . LIA m e_ 1 may die seized and possessed or to which I may be entitild at f C. K9 the time of ray death to my dau-ht'r. Grace F. C?rirrr_ +f qtr v survives me; and in event my st;d daughter predeceases me, then 4 all of said rest, residue and remainder shall go and be distributed �' 7 • children o - to Edmond Carlso:_ and Carolyn rn.taon, o -_td Grace E. - Carlson, or the survivor thereof, in equal shares, per stirpes l} _ a i - ` and not per capita. III. I have made no provision in this my Will :or my son, Alfred i B. Jensen, or his children. This omission is intentional on my i part but is not to be ccnsidered as a lack of affection or regard r i for my said son or his children. . ..• • ^ IV. -_ r _. I hereby name, constitute and appoint my daughter, Grace J. ' . . ��•; E. Carlson, to be the Execut..x of this my Last Will and Testa- - ;,• scant; and if she should fail to qualify, or should resign, fail -j if1 1. n. —o• �` �_ . • S-Y i. Fi - 4-, . __ or refuse to act either before or after qualifying, then I .a 1 • name, constitute and appoint The First National Bank of yfC • _ ',- Greeley, Colorado as Executor of thin my Last Will and „y; 1.. _ Testament; and I direct that r,ither thereof be required to .j. .. . . r i. give bond for the proper discharge of her or its duties as r•, S • such. My said Executrix or Executor shall have the posers ° enumerated in the Colorado Fiduciaries' Powers Act. -- - IN WITNESS WHEREOF, I have hereunto subscribed my narps my seal at Greele Weld County, Colorado, this and arrixe: ,y y, 61, 14-1 day of January, A.D. 1971 y. . of ` ' 'A a 0_iL-t/7L4Yl-J (SEAL)• ,, _ . The abovC and foregoing instrument, consisting of two 1 . at (2) sheets, with this sheet, was, by Martha A. Jensen, the ' shove named testatrix, signed, sealed, published and declared as and for her Last Will and Testament, in the presence of us and each of us; and we, then and there, at her request and in - - her presence a d in the presence of each other, believing said testatrix to be of full and legal age, of sound mind and memory --.._ and under no duress or constraint, have hereto subscribed our , `-rj ' (�/'tames as attesting witnesses thereto, this /1—'day of • January, A.D. 1971. rill/� 04,..•r..�!�//.��L�„_.:.Li of Greeley, Colorado .Cj l R.v6 o_ ,reeley, Colorado ' of Greeley, Colorado ti 2. ®NCP� "r Peat 1tiOzin, < i ^ ...—.sw oars .aMM aa.O....MILL.w.wwAf (J.j ' ........----- .. 14sw.M la Fwts...._........._�_...Jees ...._,....._.._....._.. '' �` ; p '. .: Docket Pile ttu,l'.:.1r�a a 9_.. 7...1 - - i.- .,•'' Sr. Of TER DISTRICT COVET,DI?ROSATI, `_(.: i L tM fl L 41or COLORADO, Tr`-. i a. ' , ... IR Tnn WASTER Or • ___ •t,-, nit PRORATE OP Wit LAST WILL AND TESTAMENT OP • •' Ora Admitting MIAs to Probate MARTHA A. JSNSLNs. ............ ... D - .. DECEASE Now on this day,pursuant to order herrccfwu made in this matter,coma not for bearing the probate of an irettument in writing,heretofore filed in this Court.purporting to be the Last Will and Tetament ;r. ota&Cudler—breteterofsaid deceased. k_:4'. AND IT APPEARING TO THE COURT from the records and Des herein that citation has bee+ duly served on.a',mice has been waived by,as necessary parties as provided by law and order of this r ... Cart:that lawfully sufficient tatimeny,proofs end evidence have been presented;and it tatidacrorily ‘ s.- apprarirg therefrom that the said instrument.In writing Mad.sesliailmanenribaseess was •enemuted• la,,, e derive!, and attested as provided by law as said decedent's Last Will and Testa-r..t and that said decedent was eighteen year:of age or older and of pound mind and memory at the —.at the same was j' =muted.declared and attested:and no fraud,compulsion or other improper conduct being crhibibed, c. a & and the Court brag tow sur .entl;advised in the premises, c ?q IT IS THEREFORE ORDERED,ADJUDGED AND DECREED,That the said will •aalLe dle _ &.,abasts be and the same is •arahereby admitted to probate and r!n-d. IT IS FURTHER ORDERED, That upon taking and filing the statutory oath of taetrtt_pk t . ' (tpd'ODtmtnwdfltnom bd-lanf.rw/r. _' --_ ..e.,_. ____________esez i . se:thtianede...o.....t L,Inc)chat letters testamentary issue tor..._Oractv.E—...Carlton_.._.._.._.. ,. . the erecut...FlYnamd in said will:and now having so taken and filed the said oath (a➢ILha4ng.W.__ tayy t....t..0 t.,..n whie.h.is aottcc,,.A roc th,.Coaa)it is therefore ordered that the said letters issue .. - to said ereett_.Li,:and that the same be filed and entered of record. - • .. IT IS FURTHER ORDERED,That acid_.___OFHLt�ri�.Carlina._.___..___.._...-___.._ r . • .. publish a Notice to Creditors as provided by law,said notice to be published at least once a week during - ' each of four successive calends:weeks in_._...The_Greeley_.nn t ly Trlhune._._.........._._._, •newspaper printed and published in said Fol.Si.._....._._.._._._..._._._._.._..Comte. m Done in open Coat this..._....._a.P. —._-..day a[—_PS_CSI*Yet:...__._,A.D.I9_71 tit > -_ Be THE COURT: , . 'Erne exc.-ding to Cane /,r .._ „-i:, _ -. • II II F . II -. • Kra 680 loomm, . a S tee asss ASISITSIOIS a114 ws MST, si� IWwM r sear—._... ......._.._Jews .,...._...�.,____... —f) Docket Mt TH DISTNICT Coors.a nouATL, •• a' STATI OF COLORADO, ≥as. County et— —.Vold ay ? • ; IN TEL MATTEL of n ":v • - • •• TIM PROBATE OF TIM LAST WILL AND Taatuartr OF Yleal /1E1EL Wit W Probate eF� MARTHA A. JENSENs ......_...... 1 .. ••....0[C6AetD Now on this day,nutmeat to order herectors made in this matter,cornea on for hearing the probate - of an instrument in writing,heretofore filed in this Coon,pnport1og to be the Lacs Will and Testament a,.Jt.v.An .L..s.eofsaid deceased. 1 YS.. r f . AND IT APPEARING TO THE COURT from the records and files herein that citation has been e duly served on.or service has been waived by,as necessary ponies as provided by law and order of thin Carat:that lawfully taffiaent ttatimeny,proofs end evidence have been presented:and it atiefactorily %4 a appraising therefrom that the said instrument in writing sae soil 1.a, wets was °went declare!.and attested as provided by lew as said decedent's Last Will and Testa"r.'>.and that said decedent was eighteen year:of age or older and of.:id::.sal and memory at the .:tee the same was S is -aerated,declared and attested;and nu fraud,compulsion or other improper conduct being etbibitd, $3 and the Coat being now suKrientdy advised in the premier, IT IS THEREFORE ORDERED,ADJUDGED AND DECREED,That the said will •aatmdL a - e6wAYrsU be and the same is •asahaeby admitted to probate and revel, 1, IT IS FURTHER ORDERED, That upon taking and filing the atatutarl oath of ezxut_p44 ( JpirentpL btUternd-ia.1,. rnate,...r--_—_--e_..-____�� cetattnonedrequireetterlaw)•F_t letters testamentary issue to...._➢tac.e_E�...Carlson..._._.._.. the taeeut_rlanamed in said will:and now having so taken and filed the said oath (Bad havila m.__ eradiates alas fre,d wbidliS a..,.n.,c.d 1:0 the Cm,Mt it is therefore ordered that the said letter issue to said emut_.tl,land that the same be filed and entered of record. IT IS FURTHER ORDERED,That Bald..__CTIIIIf_i' .Car1Enn._._.._.._.._.._.._.__._ • `.` publish s Notice to Creditors as provided by law,said notice to be published at least once a week during each of tour successive calendar wake in__ The rrteeley a newspaper panted and published in said_----.._......_..__..-�A.ld._._.._.--.--..._._.._._..__Canty. I • ',.s.`t` Done in apes Court thla.._ r�.P..__.�.Y:_a.y oL.—P..cstmG.�r_.._._.._.,A.D.1p_2). - • BY TIM COURT, I. • 'Snag smaalra to facto. �' _ - --- t 4ia II II I i ;" • AM1110'207:! I »m-ate 6.61 - • SLATE OF CDf.ORADO ) IN 11M DISTRICT COURT r u f DX Q7tETY Or knn ) No. P-12224 4F N�- .. rT ' eI 7c2.4:2 , a. IN THE MASTER OF THE ESTATE OF ) DECREE OF FINAL SETTLF?4?7£ AND r...-_. _-. G #� County, ORDER OF DISCHARGE ' -° • asR ; MARTWA A. JFNSEN, DECEASED ) 'Jr .r.'. _ Now on this day eases Grace E. Carlson, the Executrix of the Estate of `;s MART • Martha A. Jensen, Deceased, and presents to the Court a final report and r • supplemental final report of her acts and doings as such, nabs that the s _ , Now of anitt came be approved by the Court and that she be discharged and said estate - -' ;� *meftipy decreed to be fully administered according to law. And it appearing to the Court from the records and files herein. and , . _ AND duly reeve the Court DQhi FYVD: a 7 dozens tree Mat ..._rth_ A r artad this life on or about December u, 1S71; sp n ,._ , 1 ..i deemed. , that on the 2fY.* Lay�of fA+cPrter, 1471, Letters Testamentary sere issued a �_ -- decKlnrt to Grace E. Carlson; •. . v, mt. That a Notice to claimants to file claims against said estate was � ,,g _, =muted,the 0 published in the hemmer as directed by law; that no clairm were filed and against eai.d estate; Chet all casts of administration and inheritance taxes have been paid; ,' ,. That the statutory period for filing claims has elapsed and that IT IS there has been published a proper Notice of the filing of the final report, . which Notice fixed Minot 21, 1972 1972 as the last day for filing with the Court written objections to said report; _ That full and rootlets aeeanntina haw been mads to tram. P; rantcan as the sole residuary beneficiary under the Last Will and Testament of z-'= Marna A. Jensen, Deceased, and that said Grace E. Carlson has waived the - IT IS filing of an itemized report of receipts and disbursements; to said that should it develop that there is any property (saraprn• decedent that was not inventoried or administered upon in said estate, then such property belongs and shall be distributed to Grace E. Carlson s ______ - as the sole residuary beneficiary under the Last Will and Testament of tbesmvc Martha A. Jensen, Deceased; wed-Mast ro sa d ewe The Coort DOWFURTHER FIND that said Grace E. Carlson has faithfully ._ administered the estate of said deceased which has come into her hands as - . IT IS Executrix of said estate, and has fully performrd her duties as such and as pubEmb.N provided by law. each off= IT IS, TNrREFORE, ORDERED, ADJUDGED AND DECREED that the said final annnpmpe reports and all acts and doings of the said Grace E. Carlson in and about _ a the administration of said estate be, and the same are herby, in all - - - _ — Done h things fully ratified, confirmed and approved by the Court. - o • Mesa aa.eY - _. l4.. _e'�" I i • 1eoerrn _ - 'r.s 680 S. J+ _ . And it appearing to the Court that the slid Grace E. Carlson hes :a, :; made distribution of said estate and filed.receipts therefor in this Court. rgr'.,... '40- IT IS CQDDtED that said Grace E. Carlson be, and she is hereby, :F .r. .1 discharged as such Executrix and released fror further liability in the li^'F t'1 WI' ?redoes, era this estate be fully end fint i. •1ly settled and closed. 2:R.,:' ; r Done ?tn open Court this ___;_z_�'_day cf _ •f,e,...,,..0�.r _. F •i ,r A. D. 1972. �„�?_.- DT lilt CCtR7: /'1 .;q is �� r — ,.. t �' . .. . DISTRICT JUDGE bJ - i M .. STATE CC:ARAD° ) tle d Cc.ity of Stela ) , �+ a .-m I, Nary '.. Cmncll, Clerk of the Cost of :aid Crusty do hereby , . ` certify that the above am. foregoing is a true copy of the Last Will. and Testament cf Martha A. Jar-en, Deceased, of the Order Adnitting Will to'Probated and of j the Dense cf Final S^_ttlercit and Order rt Disc:large, duly and regularly entered '' by the Court and the originals of which remain in et, mu-4c._ .. .r •- Elt:Z,,.`g:47`.hard and ti-..e aeal of said Court thiqffho day of Fobembcr, A.D. 1972. ` ��7 p". MARY NC RRIELL, Clark/f ..,> = U ii T..� I • • ; , • It . ,r_ ,A„ -]I r„1I., 1r rr fl i "I TTr7il,i. 1 . '7"'.7 tlp t nf'R 1 I YI I • 1 t .�. u . •c^ Itl , lo. . I t G 4 "((( a - if IS �� . , ( � -t pond 4 -] 1, !C.. �I it i. H 1' ,. + ., r5 •r.R ,f. -• Si I ,. R 'x31a {jj1 1 . ,., . V .s.r, , , ` , _ .. a Ili , I� Y.. It I1 V f. A`It I1 II+,I P i - k x,k I ,,-. 4 • gee. S ,,ay of V. -ic.�on _asemc+Ls -_ _ ,i record i n.. ., . i rj lj .. v o a - 1 rj -�. :I Jj ' 1 . II I.' I I I �� tsl AAD yl 4 ' tI .., �, I l� rJsvr, , I nl FtY f:I+411s II .- ,,.n III u�� ix +• rM1t 1+ 1 1 ,• ,- cii I �I .r V y , A�nbl Ph.rmd I i ,. �u� �'i Gcpcc fi. ('n'lso❑ �,I� A , IU;AI:I t lth •f.{p / „I. Ire qii if I YI"a l• miAvow 0waitAim 1 r+ y� I mI1y I WaiI r hIII,e'=f APrII IIII 111. l pip fII++J/iiltV I1i1111l'III,WIImIII'llll0U'1i111 flil'1II�+ 1111 x?� ` Sl by (9-Al.ei P Cnelarnl 4:4 i ti .lu 111 WINO/„ymp l,. I ml••IIP.ml mml • irk -� t '� N/I ✓n npe+ vun+ r1+�Ll fix' .!f ' 0xt MI I 4t c, - 4#it 4 '( /1,..' A.,. t41 1 ,, „ �/!5 U'• rl nrl ll , ,M1,Iw r.r+ ini . l n.,, �„ �' , I. 5 Identify Results • . Page 1 of 1 Parcel Valuation Accounts: R3916386 Parcel*:096122000002 Owners Name&Address: Property Address: ALLES GARY D&SUSAN C Street: 26285 WELD CO RD 47 City: GREELEY, CO 80631 Business/Complex: Legal Descriotion PT NE4SE4 22-5-65 LOT B REC EXEMPT RE-558 (.86R2D.15L) Land Value $12,990 Land Assessed Value $3,770 Imor.Value $Q Imor. Assessed Value SQ Total Value $12,990 Total Assessed Value $3,770 Total Taxes: $309.08 Amount Due: $0.00 Tax Area: Bordering County: Township Range Section Quart.Sec. Subdiyison Name Block*Lots 05 - 65. 22- 0 - - Land Subtotal: Acres:36.14 Sale Price Sale Date Deed Tyne Reception s $o http://maps.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=Parcel&pin=096... 5/20/2004 aWe CENTRAL WELD COUNTY WATER DISTRICT April 15, 2004 A. Bruce Johnson 801 8' Street Greeley, CO 80631 RE: Water Service—Alles property Dear Mr. Johnson This letter is in response to a request for water service to serve the following property described as follows: Part of NE '/4 SE 1/4 of Section 22, Township 5 North, Range 65 West of the 6"' P.M., Weld County, Colorado. Water service can be made available to the above described property, provided all requirements of Central Weld County Water District, Northern Colorado Water Conservancy District and the U. S. Bureau of Reclamation are satisfied. Please note that you are responsible for confirming that this property has met the requirements of Northern Colorado Water Conservancy District and the Bureau. Central Weld cannot issue a tap until all requirements are satisfied. New service will have to meet the criteria stated in the Water Shortage Contingency Plan adopted by the Board on June 20, 2002. Due to the rapid cost increase of raw water, existing tap fees may not apply for water service to this property. The District will not notify, by separate letter, any prospective landowners or land purchasers of tap fee or line extension cost increases. The cost of a tap fee and/or line extension will have to be paid in advance to the District by the prospective customer in accordance with District policy. Central Weld County Water District requires that contracts be consummated within one (1) year from the date of this letter or this letter shall become null and void unless extended in writing by the District. Please contact the Central Weld office for further information regarding water service. Sincerely, CENTRAL WELD COUNTY WATER DISTRICT n W. Za , General Manager JWZ/rg 2235 2nd Avenue • Greeley,Colorado 80631 • Phone(970)352-1284 • Fax(970)353-5865 John W.Zadel,General Manager Hello