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Home My WebLink About20041771.tiff 2. RESOLUTION RE: ACTION OF BOARD CONCERNING RECORDED EXEMPTION #3809 - DENNIS AND CINDY HELZER 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 request for Recorded Exemption #3809 was submitted by Dennis and Cindy Helzer, 37095 Weld County Road 27, Eaton, Colorado 80615, for property which is located in part on the following described real estate, to-wit: Lot B of Recorded Exemption #2017; being part the SE1/4 of Section 30, Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, this request is to divide the property into parcels estimated to be approximately 11 acres and 5 acres, and WHEREAS, at a hearing before the Board of County Commissioners on June 28, 2004, the applicant, Dennis Helzer, requested this application be denied, for the following reasons: 1. The applicant has an opportunity to sell the property as is, and he does not wish to comply with certain Conditions of Approval placed on Recorded Exemption #3809 by staff upon its approval on June 4, 2004. Additionally, pursuant to contractual requirements, he must ask for denial of the application, rather than request that the application be withdrawn. 2. There is no access to the property, and the applicant feels shared access would not be feasible. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request for Recorded Exemption #3809, submitted by Dennis and Cindy Helzer be, and hereby is, denied, at the request of the applicant. 111111111111111111111111 III I1111111111211111101 III 111111111101 3201275 07/22/2004 02:01P Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2004-1771 p RE3809 DENY RE #3809 - DENNIS AND CINDY HELZER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of June, A.D., 2004. ]E� j BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO i i i% & i iitriEitili Robert D. Masden, Chair qy lerk to the Board h QJ� . 7 William H erke, Pro-Tem BY: Deputy Clerk to the Board QZo., M. DAST 42‘pt7David . Long xitounty Att rney Glenn Vaa Date of signature: ' . 111111111111111111111111 III 1111111 VIII III 1111111111111 3201275 07/22/2004 02:O1P Weld County, CO 2004-1771 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder RE3809 ASKI) t DEPARTMENT OF PLANNING SERVICES RECORED EXEMPTION ADMINISTRATIVE REVIEW COLORADO Applicant: Dennis and Cindy Helzer RE-3809 Planner: S. Lockman Legal Lot B RE-2017 being part of the SE4 Section 30, T7N, R66W of the 6TH P.M., Weld Description: County, Colorado Parcel ID#: 0707 30 400057 Lot A Size: 5 +/-acres Lot B Size: 11 +/- acres Lot C Size: n/a Lot D Size: n/a Water Source: North Weld County Water Dist. Sewer System: Septic Criteria Checklist Yes No X 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 0707-30-4 RE-3809 Page 1 B. When feasible,there shall be no"net increase"in the number of accesses to a public road.The site currently has one (1) access. Lots A and B shall share an 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 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. 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 76 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 76 shall be delineated right-of-way on the plat. This road is maintained by Weld County. E. County Road 27 is designated on the Weld County Road Classification Plan as a major arterial status road, which requires 140 feet of right-of-way at full build out. There is presently 60 feet of right-of-way.A total of 70 feet from the centerline of County Road 27 shall be delineated on the plat as right-of-way reservation for future expansion of County Road 27. This road is maintained by Weld County. F. The West Greeley Soil Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on site soils. G. The applicant shall address the requirements of Weld County School District RE-2 as stated in the referral response dated May 24,2004. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. H. Lot A shall comply with the one(1)acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. J. The following notes shall be placed on the plat: 1) All proposed or existing structures will 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. Page 2 3) Lot A is not eligible for a future land exemption in accordance with Section 24-8-20.B.1 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 Lot A 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) 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. 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) Potential Purchasers are hereby notified that numerous confined animal feeding operations are located in the area. 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. 11) 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 Page 3 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 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@co.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 tomeet any one of these conditions within 60 days of approval,then this case will be forwarded to theWeld County Board of County Commissioners with a staff recommendation for denial. By � ( /G _____t-� Date June 4, 2004 Sheri Lockman ❖ Planner II Page 4 L.WilleAPPLICATION FLOW SHEET COLORADO APPLICANT: Dennis and Cindy Helzer CASE #: RE-3809 REQUEST: Recorded Exemption LEGAL: Lot B RE-2017 being part of the SE4 Section 30, T7N, R66W of the 6TH P.M., Weld County, Colorado LOCATION: North of and adjacent to County Road 76 and west of and adjacent to County Road 27 PARCEL ID #: 0707 30 400057 ACRES: 16+/- Date By Application Received April 23, 2004 Application Completed April 27, 2004 SL Referrals listed April 27, 2004 SL Design Review Meeting (PUD) File assembled G1,1,1 .(fit L.ILA Letter to applicant mailed Li .C Cj .(� � A. Vicinity map prepared Referrals mailed 1 • Chaindexed it , zCLC A rn{ Field check by DPS staff 1 Administrative Review decision: i q470 Date By County Commissioners Hearing Date (if applicable) Surrounding property owners notified Air photo and maps prepared CC action: Ckerythiii, 6 2 6Io / CC resolution received Recorded on maps and filed Overlay Districts Zoning Agricultural MUD Yes Nox_ IGA Yes Nox_ Airport Yes No_x_ Geologic Yes No_x_ Flood Hazard Yes Nox Panel #080266 0475 D Road Impact WELD COUNTY,COLORADO PARTMENT OF PLANNING SERVIC (Q. 1555 N.17TH AVENUE GREELEY,CO 80631 PHONE(970)353-6100, Err.3540-FAX(970)304-6498 DATE: 4/2 3/0g 20 RECEIPT 141461 1 RECEIVED FROM: /i Oni C. 1'4/7 "c NO. Al TYPE FEES 4221 i S.y9e) 4221 -ZPMH V f / 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: 7(2 / TOTAL 1 j ) Ca/te WHITE-CUSTOMER CANARY-FINANCE PINK-FILE fit MEMORANDUM Igoe. TO: Dennis and Cindy Helzer COLORADO DATE: June 18, 2004 FROM: Sheri Lockman, Planner II SUBJECT: Recorded Exemption 3809 You have been scheduled before the Board of County Commissioners at 9:00 on June 28, 2004. The hearing will be held at the Board of County Commissioners hearing room on the first floor of the Centennial Center, 915 10' Street, Greeley. The Board will have the final decision regarding the approval or denial of your Recorded Exemption. DEPARTMENT OF PLANNING SERVICES re} 3� 1555 N. 17th Avenue Y Greeley, CO 80631 Phone (970) 353-6100, Ext. 3540 Fax(970) 304-6498 COLORADO April 27, 2004 Dennis & Cindy Helzer 37095 CR 27 Eaton CO 80615 Subject: RE-3809 A Recorded Exemption located on a parcel of land described as Lot B RE-2017; being part of the SE4 Section 30, T7N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria or if staff has concerns with the application, staff may elect to forward the application for review to the Board of County Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials to the Severance Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Severance Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Severance at (970) 686- 1218, for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. Sincerely, /J Sh ri Lockman Planner *Id COunty hannliig ,,,;,,,,,u GREELEY OFFICE RECORDED EXEMPTION (RE) APPLICATION APR 2443 2004 FOR PLANNING DEPARTMENT USE DATE RECEIVED:RECEIPT/AMOUNT#APPLICATION RECEIVED BY /$ PLANNERSASSIGNED: 81l►�11ld N°I pfell ECEIVED , Parcel Number 0 % C 1 - v - q - v - 2 J 7 (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 Z.° 24 1`/'L- i 0/ 7 , Section Township 7 North, Range» West Has the property been divided from or had divided from it any other property since August 30, 1972? Ye&( No_ Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes ' No FEE OWNER(S) OF THE PROPERTY: Name: 4-4-.,n r a w/ C,c, of %c. it--c Work Phone# — Home Phone# V.,5-5,/—3 C z ? Email Address r 4 P /< 1,4,,-fc..(12 n l Address: 37° 7 ,v cJC/r' 7 7 City/State/Zip Code A-6-7-0 h Co ?O6 7(---- APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany all applications signed by Authorized Agent) Name: Work Phone# Home Phone# Email Address Address: City/State/Zip Code Lot A Lot B Lot C Lot D Smaller Parcel Water Source / a 77 �� W /� -4t Type of Sewer S-p c-e/o1/G Proposed Use PSA� /1 e.S/7/9 Acreage 5-1,/, cc, es // >y. Cc-'€ S Existing Dwellings? If Yes, list address Iffres� list address If Yes, list address If Yes, list address below: bt�3lloovvdd below: below: 37° 9s- WcR27 • If the property is vacant or unimproved write proposed water source and proposed sewer system for each parcel in the blanks above. For example,if a well and septic is proposed state:proposed well,proposed septic. I (We)request that the following described property be designated a Recorded Exemption by the Weld County Board of County Commissioners. I (We)hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included showing the signatory has to legal authority to sign for the corporation. So 0b3A7 f ote i/3// Signature: Owner Authorized Agent ate Signature: Own r r Authorized Agent Date -4- Sheri Lockman, Department oVanning Services • Cannis and Cindy Helzer have applied for a Recorded Exemption on 16 acres The site is located North of and adjacent to County Road 76 and west of and adjacent to County road 27. The application was conditionally approved on June 4 by Planning Staff. The applicants have decided that they do not wish to meet the conditions of approval however, withdrawl is not an option because of a pending contract. I have discussed the consequences of a denial by the Board of County Commissioners with Mr. Helzer. He is willing to accept them. Mr. Helzer is present this morning and I will be happy to answer any questions that you may have 1 WATER SUPPLY- domestic water is currently supplied by North Weld. Water will be provided by North Weld for the proposed new lot. See letter from North Weld Water District. IRRIGATION WATER: is currently 1 share of Larimer Weld and 1 share of Windsor Reservoir that is currently being used by Cindy Water Co. 2 Current property dwellings are septic a copy of permit is included. The proposed lot will have an engineered system designed, constructed and permitted according to Weld County ISDS requirements. 3 The property is currently used as agriculture. App. 9 +/- acres is planted in alfalfa and app 6 +/- acres is planted in grass. The building site is app 1 .5 acres +/-. This consists of 1 single family dwelling a 24 x 34 pole barn and small sheds used as chicken coops. Current livestock grazing are 5 goats and 2 miniature donkeys. 4 The proposed lot will be adjacent to WCR 76 on the south side. WCR 27 will be adjacent on the east side. The north and west side are current single family parcels. The proposed site will be app. 5 acres and will be used for a single family dwelling. 5 none 6 Due to the size of the lot a building envelope has not been determined. 7 None WELD COUNTY ROAD ACCESS INFORMATION SHEET 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 Road File#: Date: 9/ .2A (J RE# : Other Case#:1. Applicant Name /9.e e S He n i, lz•c ✓r Phone 9. Y O - q s- - 36 7- _ . Address 7 7O S r &/CR 7 City /_=c /o State C.,, Zip e06/ s-- 2. Address or Location of Access Section ?O Township 1 Range ( 6 Subdivision Block Lot Weld County Road #: 7 I Side of Road 1,/ Distance from nearest intersection 3. Is there an existing access to the property? Yes No -( # of Accesses 4. Prop sed Use: IS Permanent X Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial U Other *********************************************************************_******************_******__************************__**** 5. Site Sketch Legend for Access Description: AG = Agricultural am = Residential --] H O&G = Oil &Gas D.R. = Ditch Road O = House O = Shed A = Proposed Access e?Yi 5A'" f • = Existing Access Cee7[ .e�CS /t. ccc.ecS 7 r---- *********************************************** :lZTi7 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 n � Report Date: 04/12/2004 10:48AM WELD COUNTY TREASURER Page: 1 • STATEMENT OF TAXES DUE SCHEDULE NO: R7030697 ASSESSED TO: HELZER DENNIS L& CINDY L 37095 COUNTY ROAD 27 EATON, CO 80615 LEGAL DESCRIPTION: PT S2SE4 30-7-66 LOT B REC EXEMPT RE-2017 (.41 D1.32R)SITUS: 37095 27 CR WELD 0 PARCEL: 070730400057 SITUS ADD: 37095 27 CR WELD TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2003 TAX 1,573.36 0.00 0.00 786.68 786.68 TOTAL TAXES 786.68 GRAND TOTAL DUE GOOD THROUGH 04/12/2004 786.68 ORIGINAL TAX BILLING FOR 2003 TAX DISTRICT 0226- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 21.474 386.55 AGRICULTUR 5,960 1,730 SCHOOL DIST RE2 45.949 827.09 AGRICULTUR 4,508 1,310 NCW WATER 1.000 18.00 AGRICULTUR 187,911 14,960 NWC WATER 0.000 0.00 EATON FIRE 9.000 162.00 TOTAL 198,379 18,000 AIMS JUNIOR COL 6.322 113.79 WELD LIBRARY 3.249 58.48 WEST GREELEY CONSERVATION 0.414 7.45 TAXES FOR 2003 87.408 1,573.36 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley, CO 80632 (970) 353-3845 ext. 3290 Weld County Treasurer Prusuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence of the cun-ent status as of this date of all property taxes, special assessments and prior tax liens attached to this (these) account(s). Current year's taxes are due but not delinquent. Signed: `- 41 IC Date: //2/9 ZIL �'J REFERRAL LIST NAME: Dennis&Cindy Helzer CASE NUMBER: RE-3809 REFERRALS SENT:April 27, 2004 REFERRALS TO BE RECEIVED BY: May 26,2004 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 _Evans Airport Authority _Firestone Building Inspection Fort Lupton _X Code Enforcement Frederick STATE Garden City Division of Water Resources Gilcrest Geological Survey Greeley Department of Health Grover Department of Transportation Hudson Historical Society Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey Division of Wildlife: LaSalle Loveland Lochbuie Greeley Longmont Division of Minerals/Geology Mead FIRE DISTRICTS Milliken Ault F-1 New Raymer _Berthoud F-2 Northglenn Briggsdale F-24 _Nunn Brighton F-3 Pierce _X_Eaton F-4 Platteville Fort Lupton F-5 _X Severance Galeton F-6 Thornton Hudson F-7 Windsor Johnstown F-8 La Salle F-9 Mountain View F-10 COUNTIES Milliken F-11 Adams Nunn F-12 Boulder Pawnee F-22 Larimer Platteville F-13 Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES Poudre Valley F-15 US Army Corps of Engineers Raymer F-2 USDA-APHIS Veterinary Service Southeast Weld F-16 Federal Aviation Administration Windsor/Severance F-17 Federal Communication Commission Wiggins F-18 Union Colony F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER Fort Collins _X School District RE-2 _X Greeley _X_Eaton Ditch Company Longmont West Adams NECEIVEL) APR324 WELD COUNTY PUBLIC WORKS DEPT Inge Weld County Referral COLORADO April 27, 2004 The Weld County Department of Planning Services has received the following item for review: Applicant Dennis & Cindy Helzer Case Number RE-3809 Please Reply By May 26, 2004 Planner Sheri Lockman Project Recorded Exemption 1 Legal Lot B RE-2017; being part of the SE4 Section 30, T7N, R66W of the 6th P.M., j Weld County, Colorado. Location North of and adjacent to CR 76; west of and adjacent to CR 27. For a more precise location, see legal. Parcel Number 0707 30 400057 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 ❑ We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature J-y- O V Agency Lx j - r Date ❖Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax Weld County Planning De,^,i:aeni GREELEY OFFICE (it MEMORANDUM MAY 05 2004 RECEIVED TO: Sheri Lockman, Planner II DATE: May 4, 2004 CFROM: Donald Carroll, Engineering Administrator I,V • COLORADO SUBJECT: RE-3809, Dennis & Cindy Helzer The Weld County Public Works Department has reviewed this proposal. This project falls primarily under the Use by Special Review, Weld County Code, Chapter 23, Article II, Division 4, Section 23. Our comments and requirements are as follows: COMMENTS: WCR 27 is designated on the Weld County Road Classification Plan (FHU) as a major arterial status road, which requires a 140-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 76 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 applicant, shall utilize the existing residential access to this parcel. (Lot B) Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. No new private residential accesses shall be allowed onto roadways classified as arterial. A parcel shall share the access point already in existence. Access to new parcels may be obtained by a mutual reciprocal easement across the involved parcels to connect with existing points of access or by connection to adjacent public non-arterial roadways. (Lot A, access on to WCR 76) pc: RE-3809 M:\PLANNING-DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-3809.DOC WELD COUNTY ROAD ACCESS INFORMATION SHEET 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 Road File#: Date: RE# : 3 SO 9 Other Case#:• 1. Applicant Name_ h.. r. r iS /1t/? _ Phone 4/2 7 d- `/ 5-y- 3G "Z E Address 7 7O S 5' 4JC-1 .4 7 City C4 / -- State (- Zip '°C 2. Address or Location of Access Section 7Q Township -7 Range l Subdivision Block Lot Weld County Road #: 7 1 Side of Road 4- Distance from nearest intersection 3. Is there an existing access to the property? Yes No 'r #of Accesses 4. Proposed Use: ea Permanent 3 Residential/Agricultural O Industrial O Temporary 0 Subdivision 0 Commercial 0 Other 5. Site Sketch Legend for Access Description: AG = Agricultural = Residential O&G = Oil&Gas D.R. = Ditch Road 0 = House • = Shed G • = Proposed Access • = Existing Access _ ties NT - 41. r _ OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date _ Accidents Date • Drainage Requirement Culvert Size Length Special Conditions O Installation Autl;orized ❑ Information Insufficient Reviewed By: Title: -7- l�J Memorandum TO: W.C. Planning, Sheri Lockman ' C DATE: May 19, 2004 • � FROM: , EH Services, Deborah Blandin COLORADO CASE: RE- 3809 APPLICANT: Dennis and Cindy Helzer 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. tit t , p Weld County Referral C. COLORADO April 27, 2004 The Weld County Department of Planning Services has received the following item for review: Applicant Dennis & Cindy Helzer Case Number RE-3809 Please Reply By May 26, 2004 Planner Sheri Lockman Project Recorded Exemption Legal Lot B RE-2017; being part of the SE4 Section 30, T7N, R66W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 76; west of and adjacent to CR 27. For a more precise location, see legal. Parcel Number 0707 30 400057 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 mi We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: u pan reiAp AZ ce f Qj ( P;nn Lr "i�� {,(', �Cl V t? I tv° WC rut. flt*d. "1 Signature kSeetn 1-1-n Agency 7nnlii 1 ) Lici tyLi CL. Date +Weld County Planning Dept. ❖1555 N. 17th`Ave. Greeley,CO.80631 ❖(970)353-6100 ext.3540 ❖(970)304-6498 fax 5-24-04; 1 :54PM;Eaton School Dist. ;9704545193 _ t‘a C(114 I I 1 CWeld County Referral COLORADO April 27, 2004 The Weld County Department of Planning Services has received the following item for review: Applicant Dennis & Cindy Helzer Case Number RE-3809 Please Reply By May 26, 2004 Planner Sheri Lockman Project Recorded Exemption Legal Lot B RE-2017; being part of the SE4 Section 30, T7N, R66W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 76; west of and adjacent to CR 27. For a more precise location, see legal. Parcel Number 0707 30 400057 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. jra See attached letter. Comments: Signature SAM• flu-•sIhon. siceutct tveznock Stallkl1 Agency Stoj toaL b.tvr2.c.t RA.- a Date +Weld County Planning Dept. :•1555 N. 17th Ave.Greeley,CO.80631 :•(970)353-6100 ext.3540 •:-(970)304-6496 fax 5-24-04; 1 :54PM;Eaton School Dist. ;G704545193 EATON SCHOOL DISTRICT RE-2 John J. Nuspl 200 Park Avenue Superintendent (970)454-3402 Eaton, Colorado 80615 (970)454-5193 Fax May 24, 2004 Sheri Lockman Weld County Planning Department 1400 17th Avenue Greeley, CO 80631 RE: Dennis & Cindy Helzer Recorded Exemption RE-3809 Sheri Lockman: 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 is $1,043 for this recorded exemption. Payment should be hand delivered or mailed to Eaton School District, 200 Park Avenue, Eaton, Colorado 80615. A receipt will be mailed to the applicant and a copy to the Weld County Planning Department. Please contact me if you have any questions. Sincerely, Timothy Unrein Business Services Director Eaton School District RE-2 Enc. Date Paid Amount Check* Received By o (.7! Weld County Planning Department GREELEY OFFICE MAY 0 5 2004 I RECEIVED CWeld County Referral COLORADO April 27, 2004 The Weld County Department of Planning Services has received the following item for review: Applicant Dennis & Cindy Helzer Case Number RE-3809 Please Reply By May 26, 2004 Planner Sheri Lockman Project Recorded Exemption Legal Lot B RE-2017; being part of the SE4 Section 30, T7N, R66W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 76; west of and adjacent to CR 27. For a more precise location, see legal. Parcel Number 0707 30 400057 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. M. See attached letter. Comments: Signature �trj.\` \C r�1 S _.L\_, pt.\ Agency (, L() Date +Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO. 80631 ❖(970)353-6100 ext.3540 ❖(970)304-6498 fax Applicant: Dennis & Cindy Helzer Planner: Sheri Lockman Case#: RE- 3805 \ (T WCR 27 • WCR_76 32 33 0.4 0 0.4 0.8 Miles 7 Weld County Referral Map HlgemaYs Maly Roads A/ Local Roads A/W Railroads A/ Streams&Ditches \ / CO Soils W r - E 0 Lam aPleeeelama West Greeley Conservation District (970) 356-8097 Case Number: RE- 3809 Applicant: Dennis & Cindy Helzer Planner: Sheri Lockman Below is a list of the soils and their limitations according to the USDA, Weld County Soil Survey. Dwellings ! Small I Septic Tank Prime Farm Map Soil Name Soil Texture Shallow without :, Commercial with Commercial I Absorption Land (if Additional Comments Symbol Excavations basements ; basements Buildings I Fields irrigated) • 32 Kim Loam Slight Slight Yes 33 Kim Loam Slight ,Slight No 1 - I . The West Greeley Conservation District recommends that the applicant does an on site soils test prior to any construction. For a more complete soils description consult the Weld County Soil Survey or contact our office at (970) 356-8097. If you or the applicant have any questions please feel free to call our office. \I Produced by the West Greeley Conservation District 1 -r I Th •. been developed*doh the M.mglrnnnly•- Weld County.The GIS database and d-• the product Is subject to constardstrad the eau -cy end completeness oemot be and Is or parcels• land In the date base does rot Imply the lots at"nets were R ay -•I,: - Irid u- �0e ' RACY OR NAL f uarantee& The I LANCE SHAt L E ' BE USED FOR aPPlicable- State S ERA designation EDAt •sr `._ --_....--._ —�_ EITHER �.-• TO THE COMPL- 3 •...... CORRECTN S - SUCH PROD a,NOR ACCEPTS ANY � = /ARISING F$OM ANY INC•-- INCOMPLETE SLEADINO INF•' TIO AINED THEREIN. No part• .. .,. ,.1t>r.l%.- copied,reproduce• an .• In any taml or by any means whatsoever,Ind • Aided to,dectronla, . ..Mad, • • ...• np, Ing, scanning,or Informed rdrlevd system or any .. a without express written sonar Weld Weld Cou 1 . : II --K ese .. LT _. t E-380 Ili E ^ � Coa n \\\\ -IP �� N \ ! st cc a ,, — 3 _ I_ v v —i . IrTI b. ii i _� I - s C4 t/ a-' dYa'4' P "x ` — { G `i, �,�.,Je4i.. v' gyp ' i, w ,._ .. �' 2 ‘Sk A X rIC Ca_LLZ L d N ao U'wj Z N ; .S, " d' i -y r • ^�-.r. �s�ppyy�� m� �K 4 c o N ., �l '''1-''''.‘..;-'''"<r:' (: x t Ipi ', #-FI-n(9U}} Z m2 O t i i i t rt 8 1g F V N g Q Z}5 O U d ' t }, }1P _� m 'g'(Y Z i a g W ( - t(. �.w�� O � kw'°� r 44 6. T r$ a o o m V o 3 ( U oa T> o Dnt5F s-- OLO,W ad TN a rcz 90 UZ. L i3 c() _g Y W W L V — ;0.' 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IN • cil om@ 1r• z- 4 & Y€ 1:Fi I izp1 _ a 212_ 1 111111 11111 1111 HMI 11111 III 111111E III 111ounty, 11 1111 1111 1 of 2 R 11.00 D 0.00 Steve Moreno Clerk& Recorder LF298.04 R298-04 QUITCLAIM DEED THIS QUITCLAIM DEED, executed this day of l 20 O ft by first party, Grantor, /✓ e ti ii v- ,-C'�> //Le 7-c- c whose post office address is 7 0 9 3 ✓� C �2� 7 '� G to second party, Grantee, /i4 ., ,,. C. - y /�-/z whose post office address is 3 70 9 S— G,C R 2 -7 L cr f`"1- e U/O 8GY/' • WITNESSETH, That the said first party, for good consideration and for the sum of Dollars ($ O ) paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quitclaim unto the said second party forever, all the right, title, interest and claim which the said first party has in and to the following described parcel of land, and improvements and appurtenances thereto in the County of /t'r7 , State of r; to wit: L.., o 7A /J /v t 20 / 7 SecFv�'0n- 3 C7 / oy(>n s 7 /for7-Z g 445 4ti /— C 1992-2001 Made E-Z Products,Inc. Page 1 Rev. 10/02 This product does not constitute the rendering of legal advice or services.This product is intended for informational use only and is not a substitute for legal advice.State laws vary,so consult an attorney on all legal matters.This product was not necessarily prepared by a person licensed to practice law in your state. Min 1111 mu 11111111111 III 1111 1111 lilt VIII 3170212 0411312004 03.41P Weld Coo. ,, CO 2 of 2 R 11.00 D 0.00 Steve Moreno Clerk& Recorder IN WITNESS WHEREOF,The said first party has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in presence of: Signature of Witness Signature of First P/arty /��L✓� 4 ( /Aft-{Y Print name of Witness Priyrtlname of Firs Party Signature of Witness Si natur f First Party' t/ •cCcq /1T1z_-r. ..-. Print name of Witness Print name'•bf First Party State of uy County of Vu I/ On j\pi'11 t3 hTc4 before me, appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. b .. WITNESS my hand and official seal. •••J• Sy j, t. f li ir(AI c ° .l Signature of Notary .11 Y t; cn :4 Affiant V/ Known Produ6et ' ' Type of ID w •a(Seal} S' • MY COMMISSION EXPIRES 10/14/flo." State of County of On before me, appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Affiant Known Produced ID Type of ID (Seal) Signature of Preparer /.)-ce.. N/S ,!T —e.v Print Name of Preparer 370S5" G/r,Q27 LP,/Oft Co. Address of Preparer Page 2 CERTIFICATE OF CONVEYANCES WELD COUNTY SERVICES DEPARTMENT OF PLANNING STATE OF COLORADO ) COUNTY OF WELD The STEWART TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its record, 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. 0707-30-4-RE 2017 RECORDED JULY 17, 1997 IN BOOK 1616 AT RECEPTION NO. 2558592, BEING A PART OF THE SE1/4 OF SECTION 30, TOWNSHIP 7 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. CONVEYANCES (if none appear, so state) : Reception No. 1454059 , Book 532 Reception No. 1663075 , Book 741 Reception No. 2305637 , Book 1353 Reception No. , Book Reception No. , Book Reception No. , Book Reception No. , Book Reception No. , Book This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title nor an opinion of Title, nor a guarantee Title, and the liability of STEWART TITLE OF GREELEY, INC. COMPANY is hereby limited to the fee paid for this certificate. In Witness Whereof, STEWART TITLE OF GREELEY, INC. COMPANY has caused this certificate to be signed by its proper officer this 30th day of March , A.D., 2004 , at 7:45 AM. STEWART TITLE OF GREELEY BY: AUTHORIZ IGNATURE w..._.._. n�� %7'L 2s6:1 9 q 9'l C -y.� — $Ia,ti. 1/001 . .I•. n rl:, b10'H h'FI I CO, CO - SUBDIVISION EXEMPTION NO. 432 r. •Il f":PTION OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 7 NORTH, 4) ,,;,u Ac: 'NEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. I �Fe A Fasts 3 I/t KYWIY a w441t r g i unicarel Pa MIS AT NM Med, wad,rmeaa YCI\0N a Fort woe I a3' I td It; I I� tom"" CAurfared a I/WI CORM a'retie I TIMw a UT A ,M VIp6.ens-w uwses[f Mt Scale' 1- - 400' .0 200 400 BOO L II i Plicellir S \ I • L. I,. h6 6 H 2 a at IPIIO Rne,VO 3 14'a1VN mho /3'_ROW w oNIRMIea W:WM Pa MIL AT NC 'M1LLq IRASIt WALL AT M Le. fon%owns co w°,or stn's M CORM"V tC11Gl 30 1 •6 5flt I iM)I' ,,ww,r• OATA FOR NUMBERED COURSES CQVI35L._13EARIN5 DISTANCE 1-9 5 0718'55' W 85.72' BASIS or BSANNC, Considering the South 015 of the Southeast Quarter of Section 3( 1-2 5 6?06'56' W 172.55' Township 7 North, Range IN West of the 6th P.Y., a monumented by e standard 3 I/ 9-2 S 69'52'15' W 146.15' aluminum monument et the South Quarter comer of sold Section and by a 5/C rear. with °Mended weal at the Setrtoet he corner assumed of sold Section, to Dear an as umed beers, 2-3 S 69'17'451 W 288.92' 1 .4 North ev5S'47 Wed end all hearings contained hereon relche t thereto. 3-4 5 60'03'03 W 145.93' a 4-5 5 68'12'55 W 115.64' 5-6 5 7746'39' W 374.27' N 6-7 5 7708'49' W 158.96' 7-8 5 6739'45' W 82.58' \�, MEA A 10-11 5 01'47'27' W 30.01' That portion of the South N al of the Southeast Quarter of Section ]0, NOTE: No structures shall be constructed within 25' Township 7 North, Range 66 West of the 6th P.Y., County of Weld, Stab of of the top portion of the berm along either side of Colorado• more partbularly d.ecoRed es follows: the Lorimer and Weld Irrigation Ditch Caesldsrirq the South In. of the Southeast Quarter of Section 30. Tomhb 7 North, Range 66 West of the 6th P.Y., as monumented y o etamdord 3 1/4' aluminum monument at the South Garter corner of acid Nark He rlvtmermined by Yale-rvmyr es esernwnte, .twat Mew sewn hereon, wen Section end by a 5/6' rotor, with obm.rated seal at the Southeast comer the Betel ,c. of edmlons .a.mem...me any the reeuret�we Sent e le eetennlre n sold contained assumed hereon lat Dearing eto.of North ev5S•9T West with NOTICE: ,oeer*. to Colorado We yew mud eeaT,, s my legal Mien Heed BEGINNING at the Southeast corner of said Section; thence along the South upm dm defect In the survey WWI. Um yews ear yew Met aYeenne eueh One of the Southeast wooer of said Section North 69'50'47' West defect h ne asent. :nay am eutlon bend,een my defect It this sun he 1173.55 feet thence North 01'47'2'7 Cat 914.18 feet to the apparent commenced mere then len men Mont the fate of the M,6wle sow n wn Nona 5ou4ery right of troy line of the Lorimer and Weld Ditch (eke Eaton Lend Stemma et colored., eta/es Uwe L,wNaeMyir, ea net be INS fee men Ditch): thence along wk fight of soy line the following end costed, than I. er me. by .lr es* euQ.wheen. Aonetww ta Me attest w loollyof North 67]0'45' Lost 62.56 feet thence North 7706'49' East 156.96 MN hrtwtew for any Wawae., se.wNutee agreement by the sent is e1 Nerd feet thence North 7746'33 East 374.27 feet thence North 6612'55' WefH Stets n. East 115.64 feet theme North 0003'03' Eat 145.93 feet thence North 54'IT47' East 200.52 feet to the North lie of the South Harr of sold SoeMat Overton thence along sold North In. North 09'52'15 East Edward L. Berner, a duly registered Professional land 146.15 feet to the Northeast corner of the South Hob of sold Sotheest Surveyor in the State of Colorado, do hereby certify that this Quarters three along the East Inc of sold Southeast Quarter South Subdivision Exemption plot was prepared under my personal 0216'55' West 132]92 feet more or Nee to tit- saint or BEGINNING. supervision, as a result of a land survey of the parcels shown The above described area contains a prose acreage of 30.08 acres more Or in bold lines, hereon, and that this plat is on accurate lees. representation thereof. : further state that this land survey and plot complies with all applicable rules, regulations, and laws of the State of Colorado, State Board of Registration For Professional Engineers and Professional Land Surveyors and Weld County. � �[ LAND SURVEYORS OF COLORAD( Edward L. Berber, P. 1 855 526 24th Street Phone: 3o3-tee-4122 Greeley Gate cf Certification: July 24, 1992 Greeley. Colorado 80631 3'0'33-357-o5o 0, c `ec ea wai we. .camarra atc110"ticM r, , i # n p same I A I I Sala Intl la isrartior0,41. i POLIO total Y C I//I(U.nr} of Wahl 14 r 1Z.. eft,c.00fr n I I b ii 33'+ '_1,�_ W' ,went c u11J1' mras lit piT 2 s .— Maw sa 0 :.rv,. i l�RiNEit RAI� tee ""l d 3• 10 el N t � Tq 7 • \ 5 7 ! • I �re ₹ M 17 mat.m1/AL leg a ORM,CO Pat "8.'r I.LL Ab(y�mw• Lai 1111110th WON = chaise NNW 0 W ia Et le AREA A _I o$ OA CROSS AREA Ca :4f 30.05 Ate a e44 Mee Maar 3 I/4* karat n he WMa .tC INNS Al M i LMMt be tat YLM a 77p Cara OP Cal a 3a - t' 310.77 10 1173.5$' _. _111_ _--. _._ _. -- _._ -. _ --_. __.. _ _____. -- --- 40 . *JO_POU ./r oil wm or c7t no, ' II M Y M. • 11 n64a1 • s slk.a NE IL bAp 6 Ylbu 3p 31 ,,, err log,,,,,, i WELD COUNTY ROAD 76 A PLl 10661 Al • Para • ar R9r UNE W tar e0' R.O.W. Na ME walla Ra.e.M M CONN Ritl-10 C11aDO WI AT RR RVgry C RO N COOTS OF RYa ina the south line of the Southeast Quarter of Settlon 30, I 0'1"'6a�4 and 7/ /-,,�4 ee of 127. 0th p.u., as manumemed by o standard 3 1 4• described do " ' being the sole owners in fee of the above an Quarter corner of -old Station and by a S/ar reeo,, property hereby request a Subdivision Exemption on the land as 6neae, c •e sold Section. to bear a assumed bearing shown hereon. II bearings contained arson relative thereto. ieiit'tr,..E ?Ite fc-; /_e-.c.h^..I The foreq ng certification was e - before me this day 7 of . AD.. 19 ' � 1.1, IG,, .q.. :ouch von o' the Southeast Quaver of Section 30. (1', � ,rigs 66 wet of the 0th P.M., County of Weld. State of Witness my hand and official - I .0 i any ascribe.] as fallow.; m��a` of stn, Southwt Quarter of Action 30, y[/� s6 ones of the the P.M., as rter comer f a 1 .e ota7 ubik c Ine South Ouorter comer of sold r� er .namewdh obliterated teal at the Southeast co rner ', ,ear F COQ- d bearing of North 6759.47 Wet with In..on nlroatbe thereto. ••The plot is accepted and approved for filing. wt..," corner of sold Action; thence along the South than ter of gold Section North eS59'4r West GI'O'2r East 914.14 feet to the apparent y +e of the corif lin and Weld e the Iodating (a.k.a. Eaton t'-� !Nu k_ 0 1 tat 66g fat; thencenNorth 77Oe4 '6ix crania Eat 158.98 \ � off tan fie' font 374.27 feet; thence North 6t12'55' Department of Planning Services rector ,rte vonh 01103'03' East 145.93 feet; thence North +I la the North IIM of the Sara Had of said ang earn North One North 8752.IS' East COUNTY OF WELD ) • of the South Hoff of said Southeast olio.of sold Southeast Carted South se .e1 more m less In th• point or 401I )NNING. STATE OF COLORADO 11''''��1}1}-'!!'-- ��ry�yWA�--mins a woes acreage of 30.08 acne more or The foregoing instrument was-acknowledged before me this 15�day of--"— 194 My commission s 1y Carlalt..l gWlh3n4411Uyb 4.160; Wi ss my ho and Seal. vt Niro . l 111- I':l` `URVF'YOBS OF COLORADO otory Pub t '- 1 f3 none 303-356-9712 away . '.`•• 303-493-4123 lamer Canty I J e 1 I ' RECORDED EXEMPTION No. 0707-30-4-RE 2017 _ ?.1; r••« [ v 1,.i I+4 + BEING A PORTION Of THE SOUTHEAST QUARTER Of SECTION MX TOWNSHIP 7 NORTH. - 1na•r L1 ___ ____J!a'1 VA__ naa IS'1....1 __ _ RANGE 66 WEST Of THE 6TH P.Y..COUNTY Of WELD.STATE OF COLORADO. 11.r aal , „ f�,.w 1� I J Y.Ar Wynn.� im Mw..US w,wwM..YlO.III SY*ISM _ 1Il L` `[• rl IL rum* 1Mr.w r r wren' Pi"i,'I•e.»d w i1.ti.yM'['� •••-•• 1 Itl147•ITE {I ] cwwr'w a...*.N a.' .raw.rraa 11 146.24' fl i c.+rw w PM a.r S.rrr aor.•.r=OW A..Yeas. WOW «ever I - Feel ..e a,Aa ant r rM 4 44•440•rw.1 OW.rasa*e.On AIM IV , w w 1�r 11.1,1"11;1•••=M•n. w M•wN •fcM••�W y«] Its my M•e.. ie wM Le•rtY/ .y w laser �•...Tat: =Ian . �y'�. �.4.a rr• Owr. • o v+�.��-- - - 14827&04�tTE •� Ill it r .,. 4n1Y Y III* NMI�WWar"i-r11a�iYly6lat elf M'.awr• w �I .IT4T =a�^ M1 a-Fa•MM I. ..I HMI el II4LIMS IV 1. ..,I wVwer Wae6ti.Jr Mi Fs I I • /F.f' AIM ai.r a w OP Tee his at wyw. NW J'orE ow..wl a SIM N. wow.I.r r•rla••.I•r60 ewer 444444,14 O� A. Mr.a w ,yea • 1 I NWT 2'STSE / 1 ••••=73=t2 l „7T44 WJ ....__.114..14 V mow MINIM®sue \\1-" J74.2T r I Mw�e� Y SO Mil Yka..Warlkii.em - aN7TOe'4PE wT� • 186.66 la/1 ' S94/tit j�T BA/...a: f. i7.<___ a %r Br0 PE 66 wr r • - N6T 'r E •+seat•r -i;,i- I 6a+I.IIr ML,O LIMY 1�� .n�.. 1Y r K j�ti• MtppIFIAll • I ia:.:«� - ' NM.• — --— - r-- «.eels �.. L • I- j f OT A ar>a, ,I rIr•• a r r[.Yew I. 6••a r s M Yes la far In M w 6M6eyr rr 77 6Eee •uw.a Ise rz T raw I la : Mn raw 6M�M:A nw. • 5 i iF i l • pO �"'7ii�� T ti w r.A a •P�. dr wa«w•w•a w.ere..maw or k!6 I (/// r « era►. •r.r ewes.«« "::::7•1011"m‘ r w..ewY r Ys ■• I-- 2 ri ® ! J 6I L • ,.WO I 6 O.fw 1/>l 4.44.74:••44".0144:4 11M.+Y-1/1 .: •- '/� ••®•imml4•w I.�•Pawn,'e•••• '.,..r•.i 1.M 6e'4 1 /I M ''••..&..4i., a Mw'•a•..NW ole. aM.«w Mrt YI limb IM.+ 07 In o I 4ry Ir.a �. r 34. _' I 3 —. ..- .•yL BafanrM, a� I I Ill le—i I+ ; wl as.w• ' )11/ ♦[ 1aM =4= •I••••yr••.•• {.�,..Tra'`. .T.4.......117-X ,. ego K.T. 1.44 1� L 1!M e1 _ �r 1 . Se rm••••W• A 1111 a.•1 wf Weld County Rood #76 ....•••. w/ I . e — — -INTtF11LAILL LAND •c�1� � moo.• ..,• �V AMP�A . ' - T '3..t �#�i6'' Y,_ r `IMF M Y MIN IMAM w.. Om /wM••016 __ :r ?' 1 �Ia . 17 - — - - 2 a 4> #r0- ,_ • \ ,ear'• y i1 -rn!'Yr,•. r.�}a'T/q$yy�yyta�V��..y,,1 . . •. yF',��a...•lr I. i's, . iv .: 4{r AT"`..Y+'�F^y�ry.e�'t i 4'Y /. roe 53: IMN 151963 .3? � s n .. ' Accorded... _--- •51.a Velaa%C. N. Reception N. _..,....j 454(iJ:S... ZI'IW SMAM(R t(14(6 DE` rob, Made this 15th day .r -January, in the ' • year of our Lord me thousand nine hundred and sixty-five btes wa v CARL H. FRITZLER and BLANCHE IRENE FRITZLER of the County of Weld sad State W Colorado,of the ,1 first Pen, end OTTO SCHELLER and MARIETTA L. SCHELLER al the County of Weld sad Sate of Cale adL er the • second part, WITNEDSETH;That the said parties of the find part,for and la taaedentlea of the noof Dote etnw,i - - OTHER VALUABLE CONSIDERATIONS AND TEN AND NO/100 — — — -DOLLARS, . r • to the gild Part its of the first part in hand mid by the said partite of the awed part, the neelpt whereof Is . • hereby confessed and aeknowlnd,,ed. hay panted, bargained•cold and eeneeytd,and by then present,do Kraal, bargain. sell.convey and confirm unto the aid pollee of the eeeond par. le Pea not In tenancy in temmen . best In Joint Winer,the survive of them.their soigne and the heirs and Heine of such men,forever,all the lot- i. lasing described lot m parcel of and,dtuetee Wing end kin la the P pomW„n. County Of Weld and Stets of Colorado.to-wit: eas The South Half (S 1/2) of the South Half (S 1/2) of Section • Thirty (30), Township Seven (7) North, Range Sixty-six (66) West of the Gth P.M• , Weld County, Colorado, except all that part of the FMa'6en'aae Southwest Ouarter (SW 1/4) of the Southwest Quarter (SW 1/4) lying. ~' west of the right-of-way of the Eaton Ditch as now constructed and s. .'.'' / existing over and across said lands as recorded in Book 1151, page (. )/' -r 490, together with two (2) shares of the capital stock of the Lari- ' mar and Weld Irrigation Company and two (2) shares of the capital ' ;;ar„lee stock of the Windsor Reservoir and Canal Company, together with two :urgisuDntn' • (2) punning plants, all motors and equipment, and all other water,• water rights, ditches and carrying rights appertaining and belongink . a j. • to the above described property; subject however to rights-of-way art easements recorded in Bk 917, p 191 ; Bk 766, p '2S, and Bk 1029, p 386, WOR. 'TOGETHER with all and singular the herrditamtnu and appurtenance, thereunto belonging.or in any wise ` • spprrtainine. and the rrverelon and revereiont remainder and remainders, refits, issues and proms thereof; and .. all ehr estate, right,tat:e. Interne, claim and demand whatsoever of the said part ICS of the flat part,either in ewelwa svyA, i low or equity, of, in anti to the above bargained manias,the hereditemrna and appurtenances. •�Fawuh n TO HAVE AND TO IIOLD the said premises above bargained and daerlbed, with eppurtenanere. unto the -• t said peril., of the aeronet part, the awriver of them, their new.lathe hers and assigns of each swelter low a r ever. And the said part ins a:the first part,teehe:G uyer),Z'h�i7F, eattatera, and administrators, do ' covenant, grant, bargain and agree to and with the said parties el the Mond part, the survivor of them• their di T assigns and the heir+and assigns of such survivor,that at the time of the muting and delivering of these presents. Rk -'they ,are well seized of the premises above conveyed, as of good. sure, Perfect,absolute and indefeasible nut :rvutu:naaiv'of inheritance. in law, in fee simple,and haV e good right, full power and lawful authority In grant, bargain, .,11.0 ??I'swF sell and Convey,Ike same in manner and form afornald,and that the same are free and dear from all former and �' ,• other grants• bargains• airs, liens, taxes, essgismentn and ineumbranees of whatever kind or nature sever: Bub- ect to inclusion within the Northern Colorado Water Conservancy District, ' he Severance-Windsor Addition No 1 to the West Greeley Soil Conserve ion istrict, the Windsor-Severance Fire Protection District to any liens or ssessmenta arising therefrom; to amortization mortgage dated Septembe' 25 1950 made to secure promissory note for the sum of 611,700.00, the alance owing $6,921., plus interest which second Parti)es assume and gree and the above bargained premises'in the quiet and peaces It possession of the at parties o the secondhe to survivor of them• their assigns and the heirs and assigns of such survivor,against all and every person or part, t Day, • lawfully claiming or to claim the whole or any part thereof,the said part ies of the first pan shall and will WARRANT AND FOREVER DEFEND. • IN WITNESS WHEREOF• the said pareiesf the first part ha we hereunto ccl theilhard g and r seal g the day and year fire above written. a-.. a. Signed, Sealed Delivered in the Prtsenn of _i •..�1• -e/ �n L-E'`-2� ar Fritz fir _(54AL) '�", • r (�! Qry dot__ t. _may.. atrl..�/�f • Blanche Irene Frite OL) o ._.. -- —(SEAL; -a • , o�nti:•,•fvbe., 1 •• 71+1 foregoing instrument was ankne•-.d sad before me thb_15t.;1__dp a '• O\ uanuary_—_-�196S by CARL H. FRITZLER and i . / I MARY '\ , i 9r_9NCHr IBFNE FRTT7,f ER. a o ,•. t i . .YO "G:,?ff'a ; 'ANaese My Hand madOffkal Sal . ' ..`.•e• . I I d�• Ml Cmemlabm Dadra 1966. 'dl a .. '.hflf OL COO r_/ ce ,. ....... ...... Hoary Peale, .M Y.I WARRANTY DEED—To Joint Tenants e- eve, •®. �� • J ti a 1. a. x In a aV.l� ,. t Ile�"Pq rl r) Pa V � .*-',!--•..-i..' T r\ \n t s / },;silt,.1FL jr+'.h:.7 �v,� 1 �g, +3., -;.l.S / I.stt ,..a .....u..._..•.. aaTfitCp'�44,‘,43.3t,••••••:\ k ale �411': ., i .A�� e ' o .,c ' f._.•'k-. 7„..nt1 rl, •1 ^yi ` �' n BOOK r` k N Recorded at. °a /, JUN 18 1915 a'elock tit M t'.fir t( necur.,nn irv. d`d`2Q;r$.... le LIS SHCHEE, Ju u • • Reeordor. Tons DEED, Made this 13th i—I day er June RECORDRR•s STAMP •.•tI. I 1976,between -1 . - I Otto Scheller and Marietta L. Schaller, husband and wife - a t pP • n. , fr. in State Documentary Fee I. �. of County of Weld and State of �, JUN 1.8 1915 f t`9 Colorado,of the fint is-Mend Derry D. Trot.: 'ago and Shirley K. L _ Trowbridge, husband and wife a) • r V, • of the comfy of Weld and State of Colorado,of the second Dart: • eo WITNESSETH,that the said parties of the first!Cart,for and in eonsidration of the sum of ' ,rti Ten Dollars and other valuable consideration y • h° RIMARII, ii. p to the said pari cs of the fleet part in hand paid by the said parties of the second part,the receipt whereof is e. / hereby confeesd and acknowledged,have — .p $. p granted,pargaNW,wid and conveyed,and by these presents do p ■rant,bruin,sell,convey and confirm unto the said parties of the second part,their hers and yen forever,not p /• i. Inbe tenancy n then common but in joint tenancy,all the following.described lot or parcel of land,situate,lying o i. County of Wela a Coloreds., wit: and ` CD South One half (SA) of the South One half (SA)of(section Thirty 'I : 7 (30), Township Seven North (TN), Range Sixty six (66) West of the 1$ 6th P. M. , except that part of the Southwest Quarter (SW%) of the m Southwest Quarter (SW]d) lying west of the Right of Way of the Eato ,�•, Ditch, together with two (2) Shares of the capital stock of the '' r - Larimer-Weld Irrigation Company and two (2) shares of the capital,i .. stock of the Windsor Reservoir and Canal Company { TO ETHER th all and lar the Fr appertaniing,, the diversion andsnvenian, remainder r and remainders,rents,tamenth and slsroes and profits thereof;onging, or ln and all the estate, right, title, interest, claim and demand whatsoever of the said bans es of the fire part,ether in law or an equity,of,in and to the above bargained premises,with the heredltammband appurtenances. } TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the said parties of the second part,their heirs and assigns forever.And the said part j es of the first part,for them selves , their helve,executors, and administrators do the saidcovenant,grant,bargain and agree to and with parties of the second part,their heirs and assigns,that at the time of the mottling and delivery of these Imes.•}! entn they are well seised of the premises above conveyed, as of octnte of inheritance,in law,in fee simple,and hagood, sure, perfect, absolute and indefeasible cEye good right,full power and lawful authority to grant, beer.,- gale,sell and convey the same in manner and form aferessid,end that the same are free and clear from all former . and other grant.,bargains,vies,Rene,taxes,assessment and encumbranna of whatever kki 44 a nature soever. s ' I except for rights of way and easements of record, 197SI taxes which grantees assume and agree to pay and encumbrance in favor of the Kansas City Life Ins. Co. which grantees assume-'and agree to pay and the above bargained premises In the quiet and peaceable possession of the said parties of the second part,their heirs and assigns,against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part ;es of the first part shall and will WARRANT AND FOREVER DEFEND. _IN WITNESS WHEREOF the said Dart ies of the first part ha ye hereunto set thetamds and sad a the day end year first above written, �/! D / - Signed,Sealed and Delivered in the Presence of t7Loofff000"'$$$--_ IIIFFFaaaTlyjt t•. —.[SEAL] r. t,1 7� �S �/;/� i. -,i'1' • . 1'It5.14144- 7 C Iry ' [SEAL] C t„'I I g Husband and wife ' 1 der .° STATE OF COLORADO. • -•_...•-_......__....._..__.._..__.._.._._._ ] J - _[SEAL ,et C� Comfy of Weldes• t g The fodgo]pg!internment was acknowledged before me this 13th ., day of and q II 75\l�t.ptttl, hcller and Marietta L Scheller, husband and wife. 4 g emeenea°rrf elre. .February 15,1978,Witness my hand and official seal. 4iYd • mean PORN _I F A co _ ii moo �Lf' ,& i. [RI NO.IfL wAaaAM}y oxlip...},Joint iw,nY.—p,VM1re!Willies ii W. prwnm per,1mHeGautm,wl.darn,blnnM(e netti1 stall. r, altomey-md¢l, mn^ pnt t',me e f pr,onnrt°ei eu°d°a1Me Ir cot air hose in alt, tri yes,!Irma crier o or t. prellon tiro Inns f Nw effbse Or rf1Mn w pi in[dennt or ether eifiore Me1V 0e4wr1 Ilw,l li efelpr or aer. •+' Aeknn,oi,d a y r.T.nr,b.e.lie"�a ceereae R..tw ammt..teen rprellp,naming IL—Statutory '.. '.: d d S ♦ ,, .....+ aka • , r ''r ♦ d., • • . 4 , B 1353 REC 02305637 10/02/92 16:12 $10.00 1/002 F 0490 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO AR2305637 WARRANTY DEED THIS DEED, Made this 29th day of September, 1992 between Harry D. Trowbridge and Shirley X. Trowbridge of the County of Weld and • State of Colorado, grantor, and . Dennis L. Helier and Cindy L. Welter STATE DOCUMENTARYFIE Ode whose legal address is 12881 WCR 76, Eaton, Colorado 80615 J.Q-�Qa of the County of Weld and State of Colorado, grantees, WITNESS that the grantor for and in consideration of the sun of SIONT! THREE THOUSAND FOUR HUNDRED AND 00/100, ($13,400.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all real property, (r together with improvements, if any, situate, lying and being in the County of Weld • 3x\ and State of Col , described as follows, SEE EXHIBIT "Jr ATTACHED HERETO AND MADE A PART HEREOF also known by street and number as 12881 WCR 76, Eaton, Colorado 80615 TOOST®t with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand what f the grantor, either in law or equity, of, in an and to the above bargained premises, with the hereditenta and appurtenances. TO NAVE AND TO SOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ling and delivery of these presents, he is well seised of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee staple, and boa good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the saw are free and clear from all former and other grants, bargains, sales, liens, taxen, , encumbrances and restrictions of whatever kind or nature soever, except general tuxes for 1992 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any, The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable po ion of the grantees, their heirs assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WEEREOF the grantor has executed this deed on the date set forth above. � A2 .Je 7 airy Dt)Trowbridge • Sen'A k' .2 6..nih 419A_ Shirle)`X. Trowbridge C STATE OF COLORADO ) es. The foregoing instrument was acknowledged before me County of Weld ) this 29th day of September, 1992 by Harry D. Trowbridge and Shirley K. Trowbridge z( (.',� Witness my hand and official seal. o./< My commission exp es December 10, 1994 -41 1 . C ':, 0'1 J:' NOT PUBLIC 1113 Tenth Avenue `Ndo,,43d2C..Rq i. 3-85 Greeley, COLORADO 80631 $10.02/002 F 0491 MARYOANN5PEDER / 16:12 STEIN CLERIC S RECORDER WELD CO, CO "EXHIBIT A" LEGAL DESCRIPTION That portion of the S1/2 of the SE1/4 of Section 30, Towrship 7 North, • Range 66 West of the 6th P.N., County of Weld, State of Colorado, more particularly described as follows: Considering the South line of the SE1/4 of Section 30, Township 7 North, Range 66 West of the 6th P.H., as monumented by a standard 3 1/4" aluminum monument at the South Quarter corner of said Section and by a 5/8" rebar, with obliterated seal at the Southeast corner of said Section, to bear an assumed bearing of North 89 degrees 59 minutes 47 seconds West with all bearings contained hereon relative thereto. Beginning at the Southeast corner of said Section; thence along the South line of the SE1/4 of said Section North 89 degrees 59 minutes 47 seconds West 1173.55 feet; thence North 01 degrees 47 minutes 27 seconds East 914.18 feet to the apparent Southerly right of way line of the Larimer and Weld Ditch (a.k.a. Eaton Ditch); thence along said right of way line the following six courses: North 67 degrees 39 minutes 45 seconds East 82.58 feet; thence North 77 degrees 08 minutes 49 seconds East 158.96 feet; thence North 77 degrees 46 minutes 39 seconds East 374.27 feet; thence North 68 degrees 12 minutes 55 seconds East 115.64 feet; thence North 60 degrees 03 minutes 03 seconds East 145.93 feet; thence North 54 degrees 17 minutes 47 seconds East 288.92 feet to the North line of the S1/2 of said SE1/4; thence along said North line North 89 degrees 52 minutes 15 seconds East 146.15 feat to the Northeast corner of the S1/2 of said SE1/4; thence along the East line of said SE1/4 South 02 degrees 18 minutes 55 • seconds West 1323.92 feet more or less to the point of beginning. TOGETHER WITH one share of the Windsor Reservoir and Canal Company and one share of the Larimer S Weld Irrigation Company. n n BOARb OF DIRECTORS NORTH WELD GUUNTY WATER DISTRICT GARY SIMPSON 33247 HIGHWAY 85 • LUCERNE, CO 80646 ROBERT ARNBRECHT CHARLES ACHZIGER ? DON POSSELT, DISTRICT MANAGER iY RALPH PRIOR JOHN JOHNSON P.O. BOX 56 • PHONE (970)356-3020 • FAX (970)395-0997 e-mail: water@nwcwd.org April 23, 2004 Dennis and Cindy Helzer 37095 WCR 27 Eaton, CO 80615 970.454.3628 This letter is in response to your inquiry regarding water service to the following described property, Approx. 37095 WCR 27, in a portion of Section 30, T7N, R66W of the 6th Prime Meridian. Parcel 070730400057 1. Water Service is presently being provided to the above mentioned property through meter H: 2. North Weld County Water District is able and intends to provide water service to the above-mentioned property, provided all requirements of the District are satisfied. If contracts have not been completed with North Weld County Water District within one year from the date of this letter,the District may refuse to supply water to the above-mentioned property. The District reserves this tight to refuse service, in the event that raw water is unavailable,and/or pipeline or Filter Plant capacity is not capable to provide additional service. Before a water tap may be purchased,the applicant must provide a copy of a Warranty Deed,a Physical Address and this letter. Water tap/service shall be placed on the physical property, defined by a legal description. In case of a Recorded Exemption,the water tap shall only serve the parcel that the water tap is located on. Service shall NOT cross the legal description of one parcel to serve the other parcel,unless an easement has been recorded for the water service and has been approved by the District. The District recommends that anticipated raw water be purchased through the District. The District guarantees treatment and delivery of water purchased. All water that is delivered with surcharge is subject to water availability. Water purchased through the District shall be 70%delivery of an Acre-Foot of water(228,000 gallons),if the allotment for Colorado-Big Thompson(CBT)project water,which is determined by the Northern Colorado Water Conservancy District,is 50%or greater. North Weld County Water District will restrict the delivery as necessary when the CBT allotment is less than 50%. A portion of the Raw Water Fee is utilized by the District to construct storage reservoirs. North Weld County Water District does offer a Residence Only"RO"water tap. Water may be used for any purpose with this tap, but the user will be penalized when year-to-date usage exceeds the allotment. With this option the customer purchases only'A of the Raw Water Unit. Therefore the District will deliver 35%of an Acre-Foot of water (114,000 gallons), if the allotment for Colorado-Big Thompson (CBT) project water, which is determined by the Northern Colorado Water Conservancy District,is 50%or greater. North Weld County Water District will restrict the delivery as necessary when the CBT allotment is less than 50%. With purchasing a RO tap,the customer is charged a different water surcharge rate than a normal customer. Refer to the following page for current rates. The Plant Investment Fee pays for the infrastructure required to deliver 1 AFU(228,000 gallons). If usage exceeds the number of Plant Investments that were purchased, an additional Conservation Charge will be applied to your account. Plant Investments may be purchased to increase the amount of water to be delivered and avoid the Conservation Charge. Refer to the following page for a break down of the Districts' Tap Fees and Usage Rates. Sincerely, Alan Overton North Weld County Water District P:\Legal Documents\Letter of Intent\2004\-lelzerDennis(04-23-04).doc 1 of 2 BOARD OF DIRECTORS NORTH WELD (,UUNTY WATER DISTRICT GARY SIMPSON 33247 HIGHWAY 85 • LUCERNE, CO 80646 ROBERTARNBRECHT CHARLES ACHZIGER f DON POSSELT, DISTRICT MANAGER RALPH PRIOR 1 JOHN JOHNSON P.O. BOX 56 • PHONE (970)356-3020 • FAX(970)395-0997 e-mail: water@nwcwd.org April 23, 2004 The Tap Fees quoted below,shall be valid for ten(10)business days from the date the applicant receives this letter and the tap fees must be paid within the ten (10)business days to receive the fees as quoted below. After ten (10) business days, the costs will be subject to the then in effect rates (current cost) established by the District. The District is not responsible for notifying individuals,banks,lenders,prospective buyers,real estate agents or anyone else, in any manner, of a change of rates and or fees. TAP FEES INSTALLATION COST Raw Water for an Acre-Foot Unit (AFU) $12,000 Meter Set Fee Base Portion of Plant Investment Fee $7,500 $950 Distance Portion of Plant Investment Fee $2 100 Meter Set Fee Billed at Actual (7 miles) Cost Once Meter is Set TOTAL Up-Front COSTS $21,600 + Meter Set Fee Price is valid for ten(10)business days from receiving this letter. Pressure Range 60 psi to 90 psi Maximum Pressure 115 psi After the water tap has been purchased(Raw Water AFU&Plant Investment Fee)the applicant has one year in which to have the meter set. The District requires 45 days prior notice to setting a meter. If the meter has not been set within twelve months from the purchase date and the applicant requests to relinquish the meter,the District shall refund the applicant 98%of the purchase price paid by applicant. If the meter remains unset for thirteen to eighteen months after the initial purchase date and the applicant requests to relinquish the meter,the District shall refund the applicant 10%of the purchase price paid by applicant. If the applicant does not choose to relinquish the meter within one year of the applicant purchasing the meter and the meter remains unset, the account will begin billing the minimum monthly amount. Usage Rates and Fees Usage Amount Charge or Rate Per Month 0 to 10,000 gallons $22.50 Minimum 10,000 gallons and up $2.25 per 1,000 gallons Water Rental Fee North Weld County Water District no longer allows the renting of water from the District to stay out of surcharge. The District plans on adjusting the Water Surcharge Rate based on the District's water supply and the current market price of water. Water Surcharge Surcharge will be assessed when an account's year to date usage exceeds their annual allotment. Currently surcharge is $0.15 per 1,000 gallons. This fee is to recover the District's cost to obtain additional water rights for delivery. THIS RATE IS NOT APPLICABLE FOR A RESIDENCE ONLY"RO"TAP. Rate Differential Charge North Weld County Water District's customer have the option of transferring Colorado Big Thompson(CBT) Project Water that they own or control to the District, on an annual basis. This water is utilized to increase the amount of raw water allocated to a tap. The District will treat and deliver this water without water surcharge. A Rate Differential charge of$20.00 per acre-foot will be assessed on all of these transfers. Plant Investment Surcharge When an account's year to date usage exceeds their Plant Investment Allotment(#of Equivalent Taps x 228,000 gallons), a surcharge will be assessed. The transfer of additional water will not remove this charge. Additional Plant Investments must be purchased to increase the allotment and reduce the Plant Investment Surcharges. 0 to 456,000 gallons above the Plant Investment Allotment $3.15 per 1,000 gallons More than 456,000 gallons above the Plant Investment Allotment $1.30 per 1,000 gallons Residential Only"RO"Taps Also known as Inside-Use Only taps. The water surcharge for a RO tap is currently$4.00 per 1,000 gallons. This surcharge is assessed when an account's year to date usage exceeds 114,000 gallons. PALegal Documents\Letter of Intent\2004\HelzerDennis(04-23-04).doc 2 of 2 es, WELD COUNTY HEALTH D$EARTMENT 1 .7 16TH AVENUE COURT, GR. 'LEY, CO 80631 (970) 353-0635 EXT 2225 , FAX (970) 356-4966 Permit # : SP-9700347 Sec/Twn/Rng: 30 07 66 Status: ISSUED Fnaltd, Permit Type: CNEW C-commercial, R-residential ♦ NEW, REPair; VauLT - Applied: 08/01/1997 Parcel No: 0707 30 000050 - Issued: 08/08/1997 Finaled: lo l cc ) ) `J R t Location: 37095 WCR 27 EATON/30-07-66 Legal Desc: 18657 PT S2SE4 30 7 66 BEG AT SE COR OF SEC THENC 12881 76 CR WELD APPLICANT HELZER DENNIS L & CINDY L 12881 WELD CO RD 76, EATON CO 80615 OWNER HELZER DENNIS L & CINDY L 12881 WELD CO RD 76, EATON CO 80615 Description: HOUSE Commercial (Y/N) : Residential (Y/N) : Y Acres : 16 .66 Number of Persons: 3 Basement Plumbing (Y/N) : N Number of Bedrooms : 3 Bathrooms-> Full : 2 3/4 : 1/2 : Water Public (Y/N) : Y Utility Name: NWCWD qater Private (Y/N) : Cistern (Y/N) : Well (Y/N) : Water Permit No: Percolation Rate: 25.4 Limiting Zone: 08 ft 00 in Desc: % Ground Slope : 1 Dir: S Soil Suitable (Y/N) : Y 3ngineer Design Req'd (Y/N) : N In 100 Yr Flood Plain (Y/N) : N Qinimum Installation Septic Tank: 1000 gal Absorption Trench: . 750 sq. ft . Absorption Bed: 975 sq. ft . actual Installation Septic Tank: /25Ogal Absorption Trench: 7S0 sq. ft . ;1y „nr=. Absorption Bed: --- sq. ft . NOTICE 'he issuance of this permit does not imply compliance with other state, county or local regulatory or building requirements, nor shall it act to certify that the subject system will operate in compliance with applicable state, county and local regulations dopted persuant to Article 10, Title 25, CRS as amended, except for the purpose of establishing final approval of installed system for issuance of a local occupancy permit persuant to CRS 1973 25-10-111 (2). this permit is not transferable. The Weld County Health Department reserves the right to impose additional terms and conditions required to meet our regulations on a continuing basis. Final permit approval was contingent upon the final inspection of the :ompleted system by the Weld County Health Department. X ,;` 6:4e , /z)- - q7 Envi ental Spec ' list Date J Lre (5. 6 & N t, ,____,7 G n‘ U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) -a 7IIMMMI ru n / m Postage $ L'7--7/-64/ O S Certified Fee O Postmark Return Receipt Fee Here ru (Endorsement Required)1.11 _ __—_, C Restricted Delivery Fee p (Endorsement Required) _—_ 0 Total Postage 8 Fees ru u-I Recipient's Name (Please PriDe nt Clearly)� (To be complete by m ler) C � �?Zr✓PO Box o-.--a-j24C{`-..re��YN-fl�1 .. Street Apt.No�or PO Box No. o 3 fS L/cam c9 7 O Cif =te, 4 N •SF•rm 3:tt,F •ruary 2tie See Reverse P•r instructi•ns pMVi f'F rHIS�EC710N •N •ELIVE'Y SEN II ': CIM'LETE THIS SECTION A. Sign r ID Agent IN Complete items 1,2,and 3.Also complete O Addressee . , . Item 4 if Restricted Delivery is desired. X Irl C. Date of Delivery • Print your name and address on the reverse eceived by(Pri t �me) a� so that we can return the card to you. ,' _- t • Attach this card to the back a it -itslhe mailpiece, D Is delivery address different from item 1.v Yes or on the front if space perm0 If YES,enter delivery address below: No 1. Article Addressed to: I &1N15 C4 CiNDxf lkib 32095' r 9 /.) Y)/ C,� 3. Se ert Type L•v`� Reg Mail 0 Express turn Receipt for Merchandise ❑Reggisstered ❑Insured Mail O C.O.D. '+ Extra Fee) O Yes • 4. Restricted Delivery. 2. Article Number ) 200 (tj d S� to25ss-o1-M-25os (Transfer from service label Domestic Return Receipt PS Form 3811,August 2001 Hello