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Home My WebLink About20043574.tiff RESOLUTION RE: APPROVAL OF FOUR-LOT RECORDED EXEMPTION#3963-STEVEN AND SHERYL GULLEY 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 four parcels, as shown on the plat known as Recorded Exemption #3963, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land," and WHEREAS,the request for Four-Lot Recorded Exemption#3963 was submitted by Steven and Sheryl Gulley,33605 Weld County Road 53,Gill,Colorado 80624, do Tomm Owens,Orr Land Company, 826 9th Street#200, Greeley, Colorado 80631, for property which is located in part on the following described real estate, to-wit: Lot B of Recorded Exemption#693; being part of the N1/2 of Section 17, Township 6 North, Range 64 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 140 acres, 8 acres, 8 acres, and 8 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 Four-Lot Recorded Exemption#3963 by Steven and Sheryl Gulley is, approved conditional upon the following: 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) Regulations. 2. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 0801-17-2 RE-3963. B. Lots A, B, and C shall share an existing access,no circle drives or additional accesses shall be granted. A 30-foot wide joint access and utility easement, for the benefit of Lots A, B, and C shall be clearly shown on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.E. 2004-3574 RE3963 RE #3963 - STEVEN AND SHERYL GULLEY PAGE 2 C. Lot D shall use the existing agricultural/oil and gas/ditch road accesses necessary for agricultural operations as no additional accesses shall be granted. D. The applicant shall provide the Weld County Department of Planning Services with a recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorder's reception number. E. All accesses shall be clearly shown on the plat. F. Weld County Road 51 is designated on the Weld County Road Classification Plan as a collector status road,which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 40 feet from the centerline of Weld County Road 51 shall be delineated on the plat as right-of-way reservation for future expansion of Weld County Road 51. This road is maintained by Weld County. G. Weld County Road 70 is designated on the Weld County Road Classification Plan as a local gravel road,which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of Weld County Road 70 shall be delineated right-of-way on the plat. This road is maintained by Weld County. H. The boundaries of proposed Lots A and B shall be extended to the south so that they are adjacent to the existing parcel to the south (Lot A of RE-693). 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. J. The applicant shall address the requirements of Weld County School District RE-2, as stated in the referral response dated October 27, 2004. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. K. Lot D shall comply with the one-hundred twenty(120)acre net minimum lot size required by Section 24-8-20.6.3 of the Weld County Code. L. The applicant shall provide a copy of an executed water services agreement with the North Weld County Water District. M. 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. N. The following notes shall be placed on the plat: 2004-3574 RE3963 RE #3963 - STEVEN AND SHERYL GULLEY PAGE 3 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 the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on the site must obtain the appropriate Zoning and Building Permits. 3) Lots A, B, and C are not eligible for a future land exemption in accordance with Section 24-8-20.C.3 of the Weld County Code. 4) 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. 5) Prior to the release of Building Permits, the applicant shall submit evidence to the Department of Planning Services that Lots A, B, C and/or D has an adequate water supply of sufficient quality,quantity and dependability. 6) 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. 7) Should noxious weeds exist on the property,or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 8) Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of the Recorded Exemption process. Approval of this Recorded Exemption does not guarantee approval of future applications on adjacent properties. 2004-3574 RE3963 RE #3963 - STEVEN AND SHERYL GULLEY PAGE 4 9) Building Permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Agricultural Exempt 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. 10) Effective January 1,2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. 11) Potential purchasers are hereby notified that a confined animal feeding operation is located directly east of the intersection of Weld County Roads 68 and 53. Off-site impacts that may be encountered include noise from trucks,tractors and equipment;dust from animal pens and odors from animal confinement, silage, and manure. 12) Weld County's Right To Farm statement, as it appears in the Weld County Code, Appendix 22-E, shall be placed on the Plat. 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 maps@co.weld.co.us. 2004-3574 RE3963 RE #3963 - STEVEN AND SHERYL GULLEY PAGE 5 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 22nd day of December, A.D., 2004. BOARD OF COUNTY COMMISSIONERS $ WELD COUNTY, COLORADO 1861 7,,,)‘..a_., \ Robert D. Masden, Chair C trfiAt iprk to the Board l 11�� jj,� ,, William H. J e, Pro-Tem 7, . i�� i / I/./ ) . :..... . ty Clerk to the Board - .� eile AP D AS T w David . Long unty Atto ey Glenn Vaad Date of signature: 77/7- /7 5- 2004-3574 RE3963 DEPARTMENT OF PLANNING SERVICES WC ADMINISTDED EXEMPTION RATIVE REVIEW COLORADO CASE NUMBER: RE-3963 HEARING DATE: December 22, 2004 APPLICANT: Steven &Sheryl Gulley do Tomm Owens—Orr Land Company ADDRESS: 826 9th Street, #200 REQUEST: Four Lot Recorded Exemption LEGAL DESCRIPTION: Lot B RE-693; Part of the N2 of Section 17, T6N, R64W of the 6TH P.M., Weld County, Colorado PARCEL NUMBER: 0801 17 000056 PARCEL SIZE: 172 +/- acres ZONE DISTRICT: Agricultural WATER SOURCE: North Weld County Water District SEWER SOURCE: Septic system 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.K.2- The fact that the applicant has conveyed, within the last calendar year, land which would have been considered contiguous had it been retained, maybe considered as evidence of an intent to evade the purpose provisions of Sections 24-1-30 and 24-8-20 of Chapter 24 of the Weld County Code. 1) Section 24-8-20.C.3- The four-lot recorded exemption application shall include the total contiguous land ownership. The applicant owns contiguous property in the northwest quarter of Section 17 that, according to Section 24-8-20.C.3, should be included in the application. 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. �52;y- 32Y/ 2. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 0801-17-2 RE-3963 B. Lots A, B and C shall share an existing access, no circle drives or additional accesses shall be granted.A 30 foot wide joint access and utility easement,for the benefit of Lots A,B and C,shall be shown clearly on the plat.The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.E. C. Lot D shall use the existing agricultural/ oil and gas/ditch road access points necessary for agricultural operations as no additional accesses shall be granted. D. The applicant shall submit to the Weld County Department of Planning Services a recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number. E. All accesses shall be clearly shown on the plat. F. County Road 51 is designated on the Weld County Road Classification Plan as a collector status road,which requires 80 feet of right-of-way at full build out.There is presently 60 feet of right-of-way.A total of 40 feet from the centerline of County Road 51 shall be delineated on the plat as right-of-way reservation for future expansion of County Road 51.This road is maintained by Weld County. G. County Road 70 is designated on the Weld County Road Classification Plan as a local gravel road,which requires 60 feet of right-of-way at full build out.There is presently 60 feet of right-of- way.A total of 30 feet from the centerline of County Road 70 shall be delineated right-of-way on the plat. This road is maintained by Weld County. H. The boundaries of proposed Lot A and Lot B shall be extended to the south so that they are adjacent to the existing parcel to the south (Lot A of RE-693). I. 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. J. The applicant shall address the requirements of Weld County School District RE-2 as stated in the referral response dated October 27,2004. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. K. Lot D shall comply with the one-hundred twenty (120) acre net minimum lot size required by Section 24-8-20.B.3 of the Weld County Code. L. The applicant shall provide a copy of an executed water services agreement with the North Weld County Water District. M. 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. N. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A, Lot B and Lot C are not eligible for a future land exemption in accordance with Section 24-8-20.C.3 of the Weld County Code. 4) 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. 5) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots A, B, C and/or D has an adequate water supply of sufficient quality, quantity and dependability. 6) 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. 7) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 8) Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of the Recorded Exemption Process.Approval of this Recorded Exemption does not guarantee approval of future applications on adjacent properties. 9) 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. 10) 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) 11) Potential Purchasers are hereby notified that a confined animal feeding operation is located directly east of the intersection of County Roads 68 and 53. Off-site impacts that may be encountered include noise from trucks,tractors and equipment;dust from animal pens and odors from animal confinement, silage, and manure. -�t-z-7r/ 12) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, ranking fifth in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural area:open views,spaciousness,wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens,field work, harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning;flies and mosquitoes;and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Section 35-3.5-102, C. R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 3,700 miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed,will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases,will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety,but also for the protection of the farmer's livelihood. Parents are responsible for their children. 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 maps@co.weld.co.us. 5. The Weld County Board of Commissioners approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval.Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval,then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. h��.•-�i l h ‘-7:7 DEPARTMENT OF PLANNING SERVICES WI`sC RECORDED EXEMPTION ADMINISTRATIVE REVIEW COLORADO Applicant: Richard &Jennifer Cross RE-3574 Planner: ko Legal Description: W2 SW4 Section 35, T10N, R67W of the 6th P.M., Weld County,Colorado Parcel ID#: 0303 35 300012 & 0303 35 300013 Lot C Size: Not Applicable Lot B Size: 70+/- acres Lot A Size: 10+/- acres Water Source: 3-Ta Well, Permit#208572 Sewer S stem: Se tic Yes No Criteria Checklist 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. 2. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 0303-35-3 RE-3574 ✓es. The applicant shall submit a joint ownership, access and/or operation maintenance agreement for the shared well.This agreement shall be delineated on the plat and an appropriate certificate using the language set forth in the Weld County Code, Appendix 24-F.E shall be included. C. Lot A and Lot B shall share the existing residential/agricultural/oil and gas/ditch road access points necessary for agricultural operations as no additional accesses shall be granted. D. A 30 foot wide joint access and utility easement extending across Lot B from County Road 110, for the benefit of Lots A and B, shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code,Appendix 24-F.E. The easement shall be graded and drained to provide all weather access. E. All approved accesses shall be clearly shown on the plat. F. County Roads 110 and 21 are designated on.the Road Capital Improvement Plan in the County Wide Impact Fee Code Ordinance, Section 20-1-30, as local gravel roads, 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 Roads 110 and 21 shall be delineated right-of-way on the plat. These roads are maintained by Weld County. G. 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. The applicant shall address the requirements of Weld County School District RE-9 as stated in the referral response received May 6, 2003. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. /r. All vehicles located on the property must be operational with current license plates, or be screened from all adjacent properties and public rights of way,or be removed from the property. All other items considered to be part of a noncommercial junkyard, i.e.,miscellaneous materials near the animal pens, trailers and fifth wheel mobile homes without current tags and not in operative order must also be removed from the property or screened from adjacent properties and public rights-of-way. The property is in violation of Chapter 23 of the Weld County Code(Violation#VI-0300107).The applicant shall schedule a final inspection with the Weld County Zoning Compliance Officer and submit a copy of the closure letter indicating compliance with Chapter 23 of the Weld County Code. ., The applicant shall submit a copy of the deed describing the entire 80 acre parcel also described as W2 SW4 Section 35, T10N, R67W of the 6th P.M., Weld County, Colorado 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, H, I, M and R in Table 3-A of the 1997 Uniform Building Code,shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-3-50 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 4) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot A has an adequate water supply of sufficient quality, quantity and dependability. 5) Potential purchasers should be aware that groundwater may not meet all drinking water -' standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically there after. 6) 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 Uniform Fire Code. 7) All vehicles located on the property must be operational with current license plates or screened from adjacent properties and public rights-of-way. 8) 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. 9) 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) 10) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural counties in the United States, ranking fifth in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens,field work, harvest,and gravel roads;odor from animal confinement, silage, and manure;smoke from ditch burning;flies and mosquitoes;and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 3,700 miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. —mac 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. 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 maps(a�co.weld.co.us. 5. The Weld County Department of Planning Staff's approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. By ,---J Date June 10, 2003 Kim •.le •• Planner Richard&Jennifer Cross 10133 CR 110 Carr,CO 80612 yes . , Item Comments Check Proper size of plat 4"X 36' or 18"X 24" C Boundaries of Lot(s) Scale Suitable Scale? (Approx. 1"=200'or 1"=100') L� Access indicated Shared access? If so, is Easement Certificate L� included? Roads labeled, including R.O.W. ✓ Building Envelope(s) f1/4c Vicinity Map Suitable Scale?(Approx. 1"=2000');Not on SE Notes from Planner/ Acceptable on sticky-back adhesive paper `f' Development Standards Clt d. L' Conditions Of Approval completed? North Arrow l/ Legal Description Owner's Certificate Notarial Certificate included? If deed indicates e-- two owners,have both signed the plat? Surveyor's Certificate,Surveyor's stamp All surveyed plats Note:USR plats do not need to be surveyed Director of Planning Certificate Notarial Certificate included? (RE,SE,SPR,Final PUD,if Staff Approved) Planning Commission Certificate (USA's,COZ,) Board Certificate (USR's,COZ,Final PUD but not if it was Staff approved) *RE,SE&ZPMH,if Board approved. Typical Road Cross Section If a COZ,Final PUD Easements If Final PUD Please return t e plat to David Lucero within 24 hours of receiving the plat. Planner Signature: Date: 1" 2- 6 .......„\ yYr , WELD COUNTY, COLORADO PARTMENT OF PLANNING SERVICE it 1555 N.17TH AVENUE I�-E 3 5 7 GREELEY, CO 80631 PHONE(970)353-6100, EXT.3540-FAX(970)304-6498 DATE: -)/ v 20 C'3RECEIPT 09807 RECEIVED FROM: Lie --..,. iCly S S NO. TYPE FEES 4221 -RE/SE 4221 -ZPMH 4221 -USR 4221 -SITE PLAN REVIEW 4221 -COZ 4221 -PUD 4221 -SUBDIVISION 4221 -BOA 4221 -FHOP/GHDP 4430-MAPS/PUBLICATIONS 4430-POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE ( it (,I`A^ ( at MISC. fJ l / 1 w "FC'N6H El CHECK NO: TOTAL r. 3 d )�, BY: . ) (V ( •d-.: { WHITE-CUSTOMER CANARY-FINANCE PINK-FILE WELD COUNTY,COLORADO DEPARTMENT OF PLANNING SERVICES 1555 N. 17T"AVENUE GREELEY,CO 80631 PHONE(970)353-6100,Err.3540-FAX(970)304-6498 - DATE: t 'ti 2Q RECEIPT `1 09474 RECEIVED FROM: Li t 1 i . NO. TYPE FEES 1 -R SE (f k: 4F21 ZPMH) 422 USR 4221 -SITE PLAN REVIEW 4221 -COZ 4221 -PUD 4221 -SUBDIVISION 4221 -BOA • 4221 -FHDPIGHDP 4430-MAPS/PUBLICATIONS 4430-POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC. O CASH it CHECK NO: TOTAL TOTAL t• ' BY:( J‘,• t k WHITE-CUSTOMER CANARY-FINANCE PINK-FILE ar"il DEPARTMENT OF PLANNING SERVICES 1555 N. 17`"AVENUE rtilr GREELEY, COLORADO 80631 WEBSITE: www.co.weld.co.us E-MAIL: cgathman @co.weld.co.us W i e PHONE (970) 353-6100, EXT. 6 35 498 FAX 10(970)304-6498 COLORADO • December 17, 2004 Steven & Sheryl Gulley C/O Tomm Owens—On Land Company 826 9th Street#200 Greeley, CO 80631 Subject: Recorded Exemption (RE-3963) Legal Description: Lot B of RE-693; Part of the N2 of Section 17, T6N, R64W the 6th P.M.,Weld County, Colorado Dear Mr. Owens: 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.K of the Weld County Code. This application is scheduled before the Board of County Commissioners on Wednesday, December 22, 2004 at 9:00 a.m. The Board of County Commissioners meet at the Centennial Center, located at 915 10th Street, on the first floor. The staff recommendation is included with this letter. 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, A:13 Chris Gathman Planner II -AICP rift DEPARTMENT OF PL ANNING SERVICES Ile Code Compliance Division WI Website: WWW.CO.WELD.CO.US E-mail-Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 COLORADO Fax: (970) 304-6498 August 19, 2003 Mr. & Mrs. Richard Cross 10133 CR 110 Carr, CO 80612 Legal Description: VI-0300107 Part of the SW4 of Section 35, T10N, R67W of the 6th P.M., Weld County, Colorado Dear Mr. & Mrs. Cross: The Weld County Department of Planning Services Staff has closed the zoning violation case on your property as the Noncommercial Junkyard has been removed from the property. Additionally, thank you for your letter explaining information regarding a false business accusation. Thank you for your cooperation in this matter. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address,telephone number or e-mail address. Sincerely, pan Bethany Salzman Zoning Compliance Officer pc: VI-0300107 WI" C FAX TRANSMISSION COLORADO weld county DEPARTMENT OF PLANNING SERVICES Fax: 970-304-6498 Phone: 970-353-6100, ext. 3540 To: Cotton Jones Date: August 12, 2003 Fax: 307 632 9326 Pages: 1, including cover Phone: 307 637 6017 From: Kim Ogle Planner III kogle@co.weld.co.us Subject: RE-3574, Cross COMMENTS: Staff has reviewed the plat and offer the following comments: The Title shall read: Recorded Exemption No. 0303-35-3 RE-3574, Please note there is not a hyphen between the"3"and the"RE" Please delineate the well location and the 20 foot wide access and maintenance easement. This requirement is address under 2.B of staff comments that reads: The applicant shall submit a joint ownership, access and/or operation maintenance agreement for the shared well. This agreement shall be delineated on the plat and an appropriate certificate using the language set forth in the Weld County Code, Appendix 24-F.E shall be included If you need any further information, please feel free to contact me at the above telephone number or e- mail address. CONFIDENTIAL This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged confidential,and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent responsible for delivering the facsimile to the intended recipient,you are hereby notified that any dissemination,distribution,or copying of this communication is strictly prohibited. If you have received this communication in error,please notify us immediately by telephone and return the original message to us at the above address via the U.S.Postal Service. Thank you. ec rcrrca.5 +o cw.T3 1 cow 'It RE 357'1 . 3tarve.y 51-,aL.3i be.- cor .-p Th-cc\ay fivcJ 1 �} w c., \d 1.k� }o h4�G cAf44tr '-1 • •, % 5 +o rncC 3orf,f_ o+ *ha_ o+Mcr. c,ana. co in 5 c ►-, +h e. 7-3o 63 RECORDED EXEMPTION (RE)APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number U d C , - ; 7 - - 0O -_0 -6-‘0 (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 JiotR Per & 6. 7 3 . Section % 7 Township (a North, Range f(Vest 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 No/ FEE OW NER(S) OF THE PROPERTY: Name: Steven c, shed/ Ov Work Phone # H Phone# 33- _"7//++leyo Y4 Email Address Address: 3-j tG05- WC /2 ;S City/State/Zip Code Gi 1/ 610 ac tLJ c 21 _ APPLICANT AUTHORIZED AGENT(See Below:Authorization must accompany all applications signed byAuthorimd Agent) Name: /O/Y)rtn ape ri S Work Phone# 357—r5) Home Phone#18% - 990 9 Email Address&DmmJY Orr l&vmd.Connt Address: 8a grit ST 14 ao o City/State/Zip Code C.,Q tC l y7 Co I O et; c .)t,., 's % Lot A Lot B Lot C Lot D Smaller Parcel Water Source e— /De S_/Oar e—/09c Type of Sewer Se eT"lC S,-p;tc Scpnt. S-pp h Proposed Use /,/as 4 fieg S 4Cg1/�'S 1�-/1 Acreage > C�/ Existing Dwellings? If Yes, list address If Yes, ist address If Yes, ist address If Yes, 1st address below: below: below: below: NO NJ N3 /u-0 ` If the property is secant or unimproved wite 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,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 orcontained wthin the application are true and correct to the bestof my(our)knowledge. Signatures of all fee owners of property must sign this application. Authorized Agent signs, a letter of authorization from all fee owners must be included wth the applicat orporation is the fee owner, notarized evidence must be include showing signatory has to legal autho yt gn for the torpor ion T Signature:Owner or Aut r¢ed Ag Date /Sign . w . uthori ed Age Date /)r-,V L. 2-._-17C/ August 13, 2004 Dear Sir or Madam: I Steve&or Sheryl Gulley authorize Tomm Owens of Orr Land Company to submit and work on the recorded exemption involving my property Lot B of recorded exemption no.0601-17-2-RE693 in section 17,township 6,range 64. Sincerely, /�Steve&or Sheryl Gulley Property Owners RE Questionnaire answers. 1. a. Domestic water will be provided by NWCWD water taps. Availability letter is attached. b. There is no irrigation water on this property. 2. All proposed lots will have septic systems,permitted and built to the specifications of the Weld County ISDS. 3. The Applicant has a limited amount of irrigation water that is currently used on an adjoining farm. The primary purpose of this Recorded Exemption application is to generate capitol for the installation of a pivot sprinkler on the balance of the farm that they own.The parcel that the applicant is proposing to divide has 2 oil wells,1 on the SW corner and 1 in the NE corner, both have tank batteries. There is an abandoned waste water ditch that traveres the property, this ditch has several ag and farm crossings already in place.There are no improvements on this parcel and it has not been irrigated or farmed since the applicant purchased the farm in 2001. 4. The 3 new proposed lots will vary in size from 7 to 8 acres and each will be available to purchase for a single family residence, hopefully providing a place for the young 4-H/FFA family to live. 5. There are no uniquely"excitng"features on this property. The abandoned waste water ditch will create the East property line of 1 of the proposed lots. 6. The applicant would prefer not to designate building envelopes at this time. 7. There are no USR permits on the property and the latest RE was approved in 1984. . , / coat C.p Weld County Referral COLORADO October 13, 2004 The Weld County Department of Planning Services has received the following item for review: Applicant Steven &Sheryl Gulley Case Number RE-3963 Please Reply By November 11, 2004 Planner Chris Gathman Project Four Lot Recorded Exemption • Legal Lot B of RE-693; part of the N2 Section 17, T6N, R64W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 51; South of and adjacent to CR 70. For a more precise location, see legal. Parcel Number 0801 17 000056 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 YgI We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: tiver, N-rNi4A0rsb M1i Crtt PO a inn,pe krr n; V161p cfnn urPrr, iu�-rrl. • Signature �0— i4-1)(4 Agency-15 Date +Weld County Planning Dept. +918 10'"Street, Greeley,CO.80631 +(970)353-6100 ext.3540 ❖(970)304-6498 fax cfers :70 D ECEO ! p � 0CT 1 4 111 I WELD COUNTY PUBLIC WORKS DEPT C Weld County Referral COLORADO October 13, 2004 The Weld County Department of Planning Services has received the following item for review: Applicant Steven & Sheryl Gulley Case Number RE-3963 Please Reply By November 11, 2004 Planner Chris Gathman Project Four Lot Recorded Exemption Legal Lot B of RE-693; part of the N2 Section 17, T6N, R64W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 51; South of and adjacent to CR 70. For a more precise location, see legal. Parcel Number 0801 17 000056 1 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. • ASee attached letter. Comments: • Signature Q .. 2q p- Agency l Date +Weld County Planning Dept. +918 10"Street, Greeley,CO.80631 +(970)353-6100 ext.3540 ❖(970)304-6498 fax -Jr ,')(/ Weld County Planning Department GREELEY OFFICE a NOV o 2 2004 �' MEMORANDUM RECEIVED III1DTO: Chris Gathman, Planner II DATE: Nov. 1, 2004 O FROM: Donald Carroll, Engineering Administrator /•COLORADO SUBJECT: RE-3963, Steven & Sheryl Gulley The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are as follows: COMMENTS: WCR 51 is designated on the Weld County Road Classification Plan (FHU) as a collector status road, which requires an 80-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 70 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. 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. The applicant shall indicate specifically on the plat the type of right-of-way/easement and indicate whether it is dedicated, private, or deeded to provide adequate access to the parcel. 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. In accordance with Section 24-7-50 J of the Weld County Code, Chapter 24, Article VII, the flag lot configuration will be avoided where possible. The minimum width of a flag lot is 30 feet. Lots A, B, and C shall share a joint access point. (WCR 51) pc: RE-3963 M:\PLANNING-DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-3963.DOC WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H Street,P.O. Box 758, Greeley, Colorado 80632 Road File#: t Phone: (970 )3564000, Ext. 3750 Fax: (970) 3046497 Date: 10— act-o RE# : Y10 2) //�� Other Case#: 1. Applicant Name r�I ≥Vci/J 2 S4f2L GIIALLL."L/ Phone 97O J-� t '" li T't( Address 33to0 5 wC2. 53 City r(^-.,.�'LC State CO Zip Cp Ofn 2. Address or Location of Access tee 5 . i9f IM C-12-SI e� t/QC((L 78 Ito ret. ea 5 i S(Yi Section (] Township 4p Range Co q Subdivison '" Block ' Lot C / Weld County Road #: 5 I Side of Road 7 CLS C Distance from nearest intersection ZZc© 3. Is there an existing access to the property? Yes No #of Accesses 4. Proposed Use: ❑ Permanent gr Residential/Agricultural ❑ Industrial ❑ Temporary U Subdivision ❑ Commercial ❑ Other 5. Site Sketch Legend for Access Description: LLLL� AG = Agricultural p`G RES = Residential /1(i O&G = Oil&Gas Ca. 7O D.R. = Ditch Road = House = Shed aG B Q =Proposed Access I • = Existing Access A1814c frLL. L07S iN/LL — ,4c tSS /1T �- SooT N. `�" fl- og,T INi7LY • 1-6/ P 444 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- 2Y(/ N ��2 AC ( a ,r 2 i , %,n ED WCL 70 I /oil / Ac, 1 J •oic, well DUB IN_Ii -- _w / 1 1 _ r ? E z I ! AtEIly N ) g8AC I `� 1 li " g r�r �) (0,05,.. , „,±. \ , f 0P. .r t, IL (A.cjiP1 / I2 _ I�rovos(oo Acc . --" • 0'G e--• OG Diva V O Ateft5T N6 (rosS�V+5 .• 8 Ac OUI FluPoyeo Vol: C MEMORANDUM reTO: KIM OGLE,PLANNING SERVICES FROM: CHARLOTTE DAVIS, ENVIRONMENTAL HEALTH "`-/ kSUBJECT:USR-1073 T&T CONCRETE DATE: 06/10/2003 COLORADO CC. Environmental Health Services has reviewed this proposal for an office, shop building, and storage yard for a concrete business. We have no objections to the proposal, however, we do recommend that the following conditions be part of any approval: We recommend that the following requirements be met prior to allowing the plat to be recorded: 1. In the event washing of vehicle will occur on site the applicant shall ensure that any vehicle washing area(s) shall capture all effluent and prevent discharges from the washing of vehicles in accordance with the Weld County Code, the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. 2. The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). We recommend that the following requirements be incorporated into the permit as development standards: 1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. 3. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. 4. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations (7 CCR 1101-14). 5. Any vehicle washing area(s) shall capture all effluent and prevent discharges from the washing of vehicles in accordance with the Weld County Code, the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. 6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. 7. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S., as amended. 8. The facility shall utilize the existing municipal sewage treatment system. 9. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility. 10.The facility shall utilize the existing public water supply. 11.All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). 12.The applicant shall operate in accordance with the approved "waste handling plan". 2 Weld County Planning Department GREELEY OFFICE NOV 1 5 2004 rict MemoranduMcE VED TO: W.C. Pl anning, Chris Gathman 1 DATE: November 5, 2004 C ��t • FROM: , EH Service , •eborah Blandin COLORADO CASE: RE- 3963 APPLICANT: Steven & Sheryl Gulley 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. 10-27-04; , , :26AM;Eaton School Dist. ,9704545193 pp��ggx IVCt v tk14.(71" p Weld County Referral COLORADO October 13, 2004 The Weld County Department of Planning Services has received the following item for review: Applicant Steven & Sheryl Gulley Case Number RE-3963 Please Reply By November 11, 2004 Planner Chris Gathman Project Four Lot Recorded Exemption Legal Lot B of RE-693; part of the N2 Section 17, T6N, R64W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 51; South of and adjacent to CR 70. For a more precise location, see legal. Parcel Number 0801 17 000056 • 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. Sir See attached letter. Comments: Signature \.t ` Ain _ S2Rutcta LkSa-csPasIOI�1�o4 Agency E/r oa 5C.icaot, sr4A.Cr R�d Date +weld County Planning Dept. +918 10th Street, Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax .0-27-04; 11 :26AM;Eaton School 01st. ;9704545193 John J.Nuspl EATON SCHOOL DISTRICT RE-2 Superintendent 200 Park Avenue (970)454-3402 Eaton, Colorado 80615 (970) 454-5193 Fax October 27, 2004 Chris Gathman Weld County Planning Department 1400 17th Avenue Greeley, CO 80631 RE: Steven & Sheryl Gulley Recorded Exemption RE-3963 Chris Gathman: We have reviewed the above applicant's request. The Eaton School District has a process in place addressing growth within the District. The School District has adopted a methodology to determine a cash-in-lieu payment for residential development within the District in order to provide adequate educational opportunities as a result of that development. The cash-in-lieu payment per dwelling lot is $1,043 for a total of$3,129 for this 3- lot recorded exemption. Payment should be hand delivered or mailed to Eaton School District, 200 Park Avenue, Eaton, Colorado 80615. A receipt will be mailed to the applicant and a copy to the Weld County Planning Department. Please contact me if you have any questions. Sincerely, Timothy Unrein Business Services Director Eaton School District RE-2 Enc. Date Paid Amount Check # Received By Weld County Planning Department (it 111-;•\:, GREELEY OFFICE 0CT 20 2004 RECEIVED Weld County Referral COLORADO October 13, 2004 The Weld County Department of Planning Services has received the following item for review: Applicant Steven & Sheryl Gulley Case Number RE-3963 Please Reply By November 11, 2004 Planner Chris Gathman Project Four Lot Recorded Exemption Legal Lot B of RE-693; part of the N2 Section 17, T6N, R64W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 51; South of and adjacent to CR 70. For a more precise location, see legal. Parcel Number 0801 17 000056 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. Li 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 w \a- « -ay Agency j (3 C:0r Date +Weld County Planning Dept. ❖918 1O Street, Greeley,CO.80631 +(970)353-6100 ext.3540 t(970)304-6498 fax / �'/7U Applicant: Steven & Sheryl Gulley Planner: Chris Gathman Case Number: RE-3963 51 __-_-_-/ WCR 70 5 4 52 _ - 64 ) 37 7) I 51 J 4--> ( -) 51 /--_, --- 5 --, 39 47 17 WCR 51 ( 65 \ / \ \ 4 63 52)z - - _-�- \ i 1 -\--Jr---- 37 /11111i-i---) 38 K %/ A C V N Legend Property Boundary* Lakes - - Highways j Soil Types Major roads • `- Rail Road --- Local roads Floodplains NStreams&Ditches Boundaries are estimated West Greeley Conservation District (970) 356-8097 Case Number: !RE-3963 Applicant: Steven & Sheryl Gulley Planner: Chris Gathman Below is a list of the soils and their limitations according to the USDA, Weld County Soil Survey. Small Septic Tank Prime Farm Map Additional Soil Name Soil Texture Shallow Dwellings Dwellings with;Commercial Absorption Land (if Symbol Excavations without basements Comments basements _ Buildings Fields irrigated) 4 Aquolls !Flooded Severe Severe Severe Severe Severe -No 47'Olney 'Fine Sandy Loam _Slight Slight Slight .Slight Slight Yes 51 Otero Sandy Loam Slight ,Slight Slight Siight Slight No 52 Otero Sandy Loam Slight Slight Slight Slight No 64 Thedalund Loam Severe No _ • I _ t The West Greeley Conservation District recommends that the applicant does an on site soils test prior to any construction. Fora 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. (.\SI itv',. ION I , Produced by the West Greeley Conservation District -1 i r . . .. , 0 11 i I� .- tai _ L....."° - I I I f " * - .--1,,t. ri- : it i -(---- ,,..) ' _ • E2NE4 .- -% _. -44'4.'44'; ti �r w $ �( / - V ' € Y _--.. rr. - ry it‘ j w y aS • 9 •,d till ;;;C: ..ma�y , ::2 - — --- __ _ _—I: . / , , R. -..-..., : l t Itr 1 ;( r ,•. „.:,..A a'ke s r ne 8 I , r"uf 45 Wr r / ( .r' er'fik5245 ba,y4x r.." ajSp .e fi 34..24.1140,;' < h . },y'�' A a ': i}E§.�-t., Iy',.4 ej4 �".: 'R' �� E,GSEl'a£ fi t ` .. ,a''T� r"*".9; ''aa 3k` 'e+Ylv'S.,if K,$ a ' 1� "�- >! � ltiy..,,.E '�*�h�1t�� dh [tY xr*' t�'•�:.s�ty�t�;SFr +aas�ty,�ix<�� x h`�',�3 r '?� '•t3 •<•�,ry�3� a e'er 'Ae ]��Y5 --¢¢..cc is ��ss''LL Tn.' x Fl" * 'a ,Qj. >1ts�Rxs� 4z-yr.s • x_A° & «�: s'v. sue"".-. [,x + '. ..5.'t,-^>?f -,.5Yy..'. w �K£k P'�,Ye,F - � "yy`•-�' y s.Y I RECORDED EXEMPTION N• 0601-17-2-RE 693 •"19JJ=•J % RECORDED EXEMPTION N2 0601-17-2 REE'693 Y`P r LOCAL 000000PTIW (/ma y:V NWa.K.5FC qLp a 59•50'1U 326/.7' y Tn. xarm 0lf Yfno ae Setfw e..<ea<t a». Twa.nm sf. (6) x rt a.en p{C(Iu.000elf) A(1J16 E. rf.p[wx (tp ., eE [h a[n r.n..ewa[v of vela. fiat.e[cemr.eo, ..alb e [ 4.�q r[.,, wu 0of fw< r•e to 6..A. p.<x6r,,.a..r< r[it.l,<y a .fe<e.. foil'''. orhrfo 0. a tl•etoer[wee,Lamer r •[flee 1),T e fe 6.5 fa tX,ie E6 5.1:4?-'--,,-. .:1 '-' eh Eta r[aettto Wort w[rw burini0 a fallw,: seu[n )IJ.5 feet rau« f `•' t 106.0 fu[ eery 31'])'[u alt N f•ee e n,Swe' JS•l9' ¢eat 56).0 l `e I e- �• fee[ [Fevre Nerta 85.36' Pue 600.0•tufl ehnce Per[ne 57'30' [ JM,O fu[, ,C �} .t 37'36' E„t e5)0 leee [ [ae P<rfn Iln, or Settlaa 1 e 6eutM1 J ^ — 9.s ry�'ll>' 09'50, et 3[61.) fe u Peln[ er Bei fn[• l,e [%CePT [ae h,T CX,lf or ',y rme..e a.nwr tttl .Q'..�e 3•ufo•� p. i - t , 0 rsGi.o '/IGs3t£. 4624 fa as-..,ao e. r w t .1,. .«a. .an a.to...�nte f.•ee.e or .. .a. rlenu.r-v., a e•a1bY eF r LOT 6 LEGALDESCRIPTION aryry eo � 172±ACRES ` r ] . s 9✓L. /321• .o' port as [] .Ir rxye a( o ;3 S, 1 m6e Ia aY fwrtalb ) •rye Erh P M„ Vela Ceu 9. CtlateJo sibetn8)ere P,rf 1; "'+• 1 rtcul,rlY[e•ecrlaea f 1 }ea. k � 5.58'81'05' 405.09' 9 V.6+��itx a n• p, <a 00 m.[ ae .na 6ee<lat Ip .r cattla<.f<g r!• 6 " . dl tt We < of .lf t%V re ,:Ma s t fat li ..e<..f.e arm oo'oo•oa ,. t st'�( j '- 5.05-30.547W.45.51' m<we,Iota rn<for Ifee of a Nort e,e(wafer(Wy)of 6etrfon Il. )59.60 fee[, i eaentt¢autM1 660]'¢ t, 60B 09 feet, men •Ieve m ,p'r<xfue•cen[<rllrt of 2 n a 4 m f,sa•nw efma aY r.follwlq t..t (I c •..e•...4 aI,oo«e +.;! INC Q DITCH Sd9•%JS'W. 57.1eJ Soumro5'JO'sf" 6Bas1 )ea ( P 6m 49'16.73^Ve.[, 51 IS feee, '"K - - l r y� 5Geo.'W'W Gam' sw[M1 66'06'16"V 60 Il •e, / x� n56ou[a 35.59 5]^Yu[.66 90 feefl 5.25'5457'W. 44.90 swm Ov16'05"Yu[,eJ fix eke, LOTH Scum]5'36 05•Vu 56.01 (reel 1 Qx 2A57l MRCS a 04 2l5z'W 47.42• w[a 6rn•v^v.<, m6 66 hot r '. •, - - rINf1L 05 p.26]f MRRI 6eum e,rtb.e'Yn4 3aJetl<frtt m m•}ru•Palnr of h6lnnine(},P.O.B) ` NN.fJ NOW. 1 y• yY O �35.2d'OS W 55.01' hla a rm<e P.r<a r n .].6sJ a.•..ur.e. <... 1 x . 3 8 STALE 1.100 slre.ero6's e"'''''''`,1 SP!PEA•�:e P * .8 9,05.57'514W. 1p3.2G I I a•.nT r rnry m.[I n..poPma anf, ,1 e•a.fpnat. ....••-.14.4,,./' S J y B ' SJ Wye Nc JAS e - CPe) 38q•53'N:W 65744' cola v.e.A loos 6 ym oerN i1 roaeeaTY areas "PROP A.fea r.r.. Into baeE [ .e1•cw , a f••a( rn..ba.<a•.<.m.a p<.tr ea.o Y 5V1 C0t300 0}461 6•r , .. pro ? f 10T'A'• 2457!ACME, ear eob••••d•the..< eawa ae•.n•I•noe IOT d• IJ1 tACNEO a,a5 - �)• ".E, T t• 9 TOTAL • 174 tACRE-5 exleo[ �P'C wt" 31 \ 02 :OWNER: Tae mtaa+aefor_ -,1 n , fn rcY [96{ Witness 4 nova,aa,ef 1,• a AMIGO FAW.t1.lIC. / Id La a ME Yq o MILL (EI I (£ p. C ,, F Ks ca�f..fae<m CrI4 15Y AULLIK£AIiCO. Ho643 I d ,f' , A P 3o i 451-•g: (yry/y��rv�. 3 ) lb w COUNTY CONIISSIONEI S ct6TIP CAn y y •Pr:i ,' • Ruw m..waro,me v1a f..«•pt.e.,e .rorww[a,nuee. qY M1• I Amy AinsTt a caa^n .�on '"9u11�T.[rsilrM �a,m of c«..[Y ca�f..Lw.. Xr. �( nw.c..c7 19 y 20JlT "aa 11 / ( 'tJ / VICINRY MAG a ,ry v •a' i..1�< '-'$ 'III �I6Or� 1984 44 I.:. I • x --'' •'''.:.-' .•,,,--.;'''.;:-V"'"?..- • I • I1Uu111111 lIRtIllllllll�lIllaliait 1INl 1 el 1 R 6.00 D a76 Weld CeedW COCD Warranty Deed THIS DEED is a conveyance of the real properly described below, including any improvements and other appurtenances (the 'property')from the Individual(s).corporatioo(s),paetnerahip(s),or other entity(ies)named below as GRANTOR to the individuai(s) or emit(ies)named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the dde to the property,except for(I)the lien of the general property taxes forme year of this dad,which the GRANTEE will pay(2)any easements and rights-of- way shown of record(3)any paten reservations and exceptions(4)any outstanding mineral interests shown of record(5)any protective covenants and restrictions shown of record(6)any additional mauers shown below under'Additional Warranty Exceptions'. and(7)subject to building and coning regulations. D.F. 536.75 The Specific Tema Wilds Deed Are: Greeter: (Give omen)and paces)of residence:if the spouse of the owneryrator is j(Wng in this Dead to release homestead right,Heldfy grantors as husband and wife.) LOT HOLDING INVESTMENTS, LLC,A COLORADO LIMITED LIABILITY COMPANY Grandee: (Give naerus)and sddress(r):summate of address.Including available toed or seen aunaer.) STEVEN E. GULLEY AND SHERYL��L.GULLEY all 5 2. Rw.t.ta-ev -anal, F.:.yv<r..r , C . 2( 110 Form of Co-Owewnhlp: (If there an Iwo or more grew mined,they will he considered to take at iaunr in Caanoe unless the words'in join tenancy'or words of the in moaning are added in the apace ldow.) JOINT TENANTS Property Description Glrade mealy and net) Lot B of Recorded Exemption No.0801.17-2-RE693,according to the plat recorded July 9, 1984 in Book 1036 as RecP.M., at Noty 1 W l4,being f('polttioonnu f the NI/2 of Section 17,Township 6 North, Range 64 West of the 6th AND THE E 1/2 NE1/4 OF SECTION 17, TOWNSHIP 6 NORTH, RANGE 64 WEST OF THE 6TH P.M., t7 COUNTY OF WELD, STATE OF COLORADO. Property Adman: (TO BE DETERMINED) WCR 53 GREELEY COLORADO 80631 castration: ow statement of a dollar annum is epinnel,adequate tonidedioe for this deed will be-presumed unless this comma=is tilled a.gin. In any use this conveyance is absolute,fires and uneoWluml.) THREE HUNDRED SIXTY SEVEN THOUSAND FIVE HUNDRED AND 00/100 Rsservatie .RestrMbna: (If the GRANTOR Wads to reserve any intact in the png.ny a to convey Ia nun it owned,or If the GRANTOR is remnant.*GRANTEE'S rate in the propeny.make apmgr'se ladketim.) Additional Warranty Exeeptbna: (Include dare or ova being assumed and ether mean not comae shove.) Executed by the Grantor on DECEMBER 17.2001 Slpstse for Carperaeloe,Pstennirlp er Aasdsdern Slgnatsam for individualist: LOT HOLDING INVESTMENTS, LLC, A COLORADO LIMITED LIABILITY COMPANY Name of GrantorGrantor: C n,Pa or Association Grantor BRET PA� AR Grantor By Grantor Attest STATE OF COLORADO COUNTY OF WELD 3 tot' The foregoing instrument was acknowledged before me this 17th day of DECEMBER,2001 Byre BRET HALL,MANAGER OF LOT HOLDING INVESTMENTS,U.C.A COLORADO LIMITED LIABILITY COMPANY . xx wrmEss My om.;'"x its: OCT:rt';20.2005 @� 1�otary Public COUNT;OT{JEANETTE ,. m/ ` 12216TH AVENUE, GREELEY,CO.10631 The fore rl ingjrruusyfvas akkn.e ledged before me this day of By fNs fOpi flume hidirl In •..stonnypif'`y e Corporatism,Partnership an or Axatron.then identify signers es presidna or vice president and secretary or anisane sec 1. . o f • •• • Cr.- Puffin®of pannershp:or as authorized fetters)of association.) tA'"a— W"NESS my hand and official sal. My commission expires: Notary Public O 1981 UPDATE LEGAL FORMS WCTC No.201-1 09/16/2004 11:11 970-395-0597 NORTH WELD WATER WATER SERVICE AGREEMENT A �. (DEVELOPMENT/SUBDIVISION -SINGLE SYSTEM) Dr � day of Water District, acting by and THIS AGREEMENT betweendthe NorthnWeld County W of the September,the, North by liinafter Di"District") Parcel through Weld County Water ofnat4-LotrRecordedeExemp District') and Steve Gulley, (hereinafter "Developament"). #080117000056(hereinafter"Develop RECITALS WHEREAS,District is a statutory special district formed under the laws of the State of Colorado and is a quasi municipal corporation;and District,in order to comply WHEREAS,the District Enterprise was created by with the provisions of Section 20,Article X of the Coo'and Constitution and Article 45.1 of Title 37 of the Colorado Revised Statutes,as applicable; WHEREAS,the t owns,maitains and operates a system for the storage table cwater with nn Weld County and Lartmer County,Colorado; of and distribution of po and WHEREAS,the Developer desires to contract with the District for certain potable water supplies and services for the Development;and more than three residential WHEREAS,Developer intends to plat and/or develop water dedicationinl accordance lots which will requre dedication of raw water and/or with the terms of this Agreement; NOW, in lieu of raw he premises and the covenants and NOW,THEREFORE,in consideration,itisgred bytand between the District and Developer agreements hereinafter set forth,it is agreed as follows: ARTICLE 1 WATER SUPPLY/FACILITIES supply of water for a total of Three taps ("Taps"). The District is currently serving(31.1 The District shall furnish a customary PP ne (1) standard individualtap residential water r 7 ) alot D) of water tap on this property, meter 3374, which will be dedicated to Lot as a full per annual water year, if the allotment for Colorado-Big Thompson standard tap.The District shall furnish 70% of an acre foot (228,000 9 per(CBT) project tap project water,which is determined by the Northern Colorado Water Conservancy District,is w0%or greater.n the CBT allotment is l Countytha Water District will restrict the delivery as necessary potable water,which The water to be furnished by the District shall be P ecwae ,which e.2 Water Act and any other app g complies with the Federal Safer uaing water regulations. No promise or guarantee of pressure is made by the District or is to be implied from anything contained herein. 1.3 The District shall use reasonable diligence to provide a constant and uninterrupted supply ) Uncontrollable forces; (3)Maintenance, repair,, I of c s installed lie for for w interruptions p te to: (1 inspection of the water (2)Operations inorstallation devices water system protection; systereplam, which h interruption oe reductions are temporary, and ment or investigation din the sole opinion of the system, interrup District,if necessary. 1.4 The District shall install and own a meter vault at each individual lot. PA.5 66,i,wm\owxy xvvh,,3srci“xrn'c"asmgkNevpwieya 09.094,9 40e • 09/16/2004 11:11 970-395-099 NORTH WELD WATER YAM in ARTICLE 2 RESIDENTIAL TAP COSTS AND EXPENSES WAIVED 2.1 ate Devrnent eo2.2 No residential water service will be provided to any water tap within the 2.2 charges as determined by the District have Development an until all waterfe de ica ed. T The f eschargesexpenses,and/or water the District and based upon such been paid andlor dedicated. fees, and fdedications charges and x determineds, and r by and expenses, fees, expenses, and water dedication requirements then in effect. Developer understands that the amount due for such fees,charges and/or water dedication are subject to change or modification at the sole discretion of District. rf h 2.4;water 2.3 Pursuant to this Agreement,the fees,expenses and charges for a wa er 2.7;(3)Plant Investment Fee as tap consist of(1)Infrastructure Enhancement Fee as determined in Paragraph (2) 4 Mileage Charge pursuant to Paragraph 2.6;and (5) raw water or cash in lieu as provided in Paragraph provided in Paragraph 2.5; (4) ing to the Meter ry h re provided,payment of all fees,expenses and chargesuant to Paragraph 2.1 0. s as established hp pursuant to thcontrary herein, was Agreement shall be thin the Development.dition precedent to tlIf the otalbeing required to fees,expenses and provide charges ree to any tap improve are not pate,all prior fees,eepsr hall and c be considsered as paid byforfeited the Developer would not be s liquidated damages asy the accurrate calculation and determination f of damages the District b possible. The ragrap requires.7 ( Plantat lInveste(1)ment Fee as provided in Paragraph 2.5;dication of raw water or cash in lieu (3) provided in pursuant nt;( ) Mileage Charge pursuant to Paragraph 2.6 requirements be fulfilled in conjunction. After the raw water dedication or cash in lieu,the Charge have been dedicated and/or paid,theDe eloper or e Lot a Owner will have nt Fee and the up to0 one year to have the meter set. Once the meter has been set or after one year of the e and Mileage Charge, paymentct a dedication gingf Raw Water,the Developeriant or Lot Owner a minimum monthly charge, the s shall begin billing as established by the District and in effect at the time. • _____.°, A-pertiea-ef-this- }ayment ea w4}sf' n • ill seete raph-2,4 is non-refandahier p\subd vislou,Gulley RnIaterSert'iceA4errneWSieHleNew#IWIey0.E(V9A9-o41 Doc PAGE 03 09/16/2004 11:11 970-395-09 NORTH WELD WATER 2.5 The Developer will be responsible for making payments of the Plant Investment Fee in groups of one(1). Said payment shall be made prior to the hic issuance of any residential building permit or the installation of the water service(s), ever occurs earliest. All Plant Investment Fees paid,shall be In accordance with the Plant Investment Fee as established by the strict and in effect at the time f the lump sum payment. No portion of the Plant Investmentl Fee shall be returned ororefunded once established pursuant to this Agreement and the Development is approved by Weld County, even if e number of unsold. Howevelots r, if the numberroflo s and/or taps increases beyond the number or umbe decreased established in this Paragraph 2.5,Developer will pay the Plant Investment Fee for each new tap within the Development at the rate for Plant Investment Fees then in effect. 2.6 Also,the Developer shall initially make payment for the Mileage Charge for one(1)taps to the District in a single lump sum. If the Mileage Charge for the initial one(1)taps has not been paid by this last mentioned date,this Water Service l be entitled to keep,as liquid liquidated dama be deemed u ag s,any sums fees previously paid by Deve and void and the District loper.eloper. The Developer will be responsible for making payments of the Mileage Charge in groups of one(1). Said payment shall be made prior to the issuance of any residential building permit or the Installation of the water service(s),whichever occurs earliest. All Mileage Charges paid, shall be in accordance with the Mileage Chrge as established h eby the Charge sha shall in effect at the time of the lump sum payment. o Pe be returned or refunded once established pursuant to this Agreement and the Development Is approved by Weld County,even if the number of lots and/or taps in the Development is later decreased or unsold. However,if the number of lots and/or taps increases beyond the number established in this Paragraph 2.6,Developer will pay the Mileage Charge for each new tap within the Development at the rate for Mileage Charge then in effect. 2.7 The raw water requirement shall be per or at least one the dedication of at least share)Unit wat rof Colorado Big Thompson(CBT)project North Poudre Irrigation Company(NPIC)stock for every four(4)Lots. In addition to the dedication of the water rights,the Developer shall be responsible for a raw water storage fee. The Raw water Storage Fee shall be applied once for each Unit of CBT or four times per share of NPIC that is dedicated to the District. The Raw Water Storage Fee payment shall be made in conjunction with the dedication of the water rights. The District requires that a minimum of 1 lots receive water dedication. The initial raw water dedication shall be 1 units of CBT or 1 shares of NPIC. Such water rights shall be dedicated to the District and payment of$1000 Raw Water Storage Fees shall be paid. -OR- The raw water requirement shall be met by payment of cash in lieu of the dedication of raw water. The initial cash in lieu fee shall be a single lump of sum cash in eet for etin groups The Developer will be responsible for making payments of one(1). Said payment shall be made prior to the issuance of any residential building permit or the installation of the water service,whichever occurs earliest. All Cash in Lieu Fees paid,.shall be in accordance with the Cash in Lieu Fee as established by the District and in effect at the time of the lump sum payment. If the 2 7 Dr of lots and/or l pay taps increases beyond the number established in this Paragraph the Cash in Lieu Fee for each new tap within the Development at the rate for Cash in Lieu Fee then in effect. 2.8 Prior to a meter being set and water service being provided at or for any tap,the Developer or parcel owner shall be required to complete theg e District's is tri istap expenses application form,pay-the-Meter-€ee-WAIVED,and pay any and charges,if any,in accordance with the policies and procedures of the District at the time of any tap application,or any other expenses or costs that may be incurred by the District in relation to the Development. P.SubeliNisionekGulley neMeNtSer+luei$'mment(91nB1eNcw)Golley0.E(09-09AQ.doc 09/16/2004 11:11 970-395-E NORTH WELD WATER PAGE 04 ARTICLE 3 PETITION OF INCLUSION 3.1 The Developer agrees to sign and execute the attached Petition of Inclusion, Exhibit"B". This Agreement is conditional upon execution and recording of the Easement and Right-of-Way Agreement,and until such Easement and Right-of-Way Agreement is finalized to the satisfaction of the District and recorded,District shall not be required to provide any services of any type. • • • PASubdidnionAOulloy RE\Wa¢rScrym ABrumcnt(SinyleNew)CuIIryRE(09-09-04)doc 09/16/2004 11:11 970-35 ,97 NORTH WELD WATER PAGE 05 • ARTICLE 5 EASEMENTS AND RIGHTS-OF-WAY • 5.1 As additional consideration for this Water Service Agreement,Developer agrees to sign and execute the attached form Easement and Right-of-Way Agreement (Exhibit"C")with the specific locations,widths, size of pipeline(s)and descriptions to be determined all of which shall be satisfactory to the District, at its sole discretion. This Agreement Is conditional upon execution and recording of the Easement and Right-of- Way Agreement, and until such Easement and Right-of-Way Agreement is finalized to the satisfaction of the District and recorded, District shall not be required to provide any services of any type. 5.2 in addition to execution of the attached Easement and Right-of-Way Agreement, any plats submitted for approval to any governmental authority shall provide and indicate the location of the easements and rights-of-way as provided in this Agreement. Said plans and plats must be approved by the District prior to any final approval by any governmental authority. ARTICLE 6 MISCELLANEOUS 6.1 This Agreement is conditional as the final plat of the Development has not yet been approved by Weld County. If the final plat is not approved on or before the 1'I day of January,2006,this Agreement can then be terminated by Developer and the same shall be considered null and void. Notwithstanding any language to the contrary, Developer shall be entitled to a refund of 98%of costs and expenses paid pursuant to Article 2.5,2.6,and 2.7 if such refund is applied for within one year of the payment made to the District. The 2% retention by the District shall be considered as administrative expenses. Any costs or expenses the Developer occurred pursuant to Articles 2.1 and 2.4 shall not be entitled to a refund of any amount. 6.2 This Agreement cannot be assigned by Developer without the express written approval of District, 6.3 This Agreement shall inure to and be binding upon the parties hereto and their heirs, executors,personal representatives,successors and assigns. P:6ubdi,sio,\Gulley PEIWaer5erviaApnmenKSinyleNew)GulkyflE(09-0P.w)doe 09/ 16/ 2004 11 : 11 970-3=i-0997 NORTH WELD WATER PAGE 06 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. DEVELOPER: c� By: f +�P DISTRICT: ATTEST: NORTH WELD COUNTY WATER DISTRICT By: ct Secretary Qi% resident STATE OF COLORADO ) _ ) ss. COUNTY OF ��- The foregoing instrument s *oSedged before me this day of Developer. Witness my hand and official seal. My commission expires: N ►yIrfiiL STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was ack3*cd before me this day of by as President and as Secretary of North Weld County Water District. Witness my hand and official seal. My commission expires: , O"?‘ . Notary Public P BubdkilonPG ulley REVelefSemiceAgrtemendeinyleNrnwKiulleyRrd09-09-0+)-doc 7) y - s9V Hello