HomeMy WebLinkAbout20033488.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION #3701 - THOMAS HOLTON
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, pursuant to its authority under
Section 30-28-101(10)(d), C.R.S., did determine at a public meeting held in the Chambers of the
Board, that a certain parcel of land, to be divided into two parcels, as shown on the plat known as
Recorded Exemption #3701, does not come within the purview of the definition of the terms,
"subdivision" and "subdivided land," and
WHEREAS,the request for Recorded Exemption#3701 was submitted by Thomas Holton,
12032 Highway 52, Fort Lupton, Colorado 80621, for property which is located in part on the
following described real estate, to-wit:
Lot B of Recorded Exemption#3475;being part of the
S1/2 of Section 12, Township 6 North, Range 65
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
115.6 acres and 3.5 acres, and
WHEREAS, although said Lot B was created through Recorded Exemption #3475
completed on September 10,2003,the Board finds that this request does not violate the 10 year rule
set forth in Section 24-8-40.M.of the Weld County Code, because RE#3475 was done to remedy
a previous illegal land split in 1975 to which the applicant of this RE #3701 was not a party.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the hereinabove described parcel of land be,and hereby is,exempt from the
definition of the terms, "subdivision" and "subdivided land."
BE IT FURTHER RESOLVED by the Board that Recorded Exemption#3701 by Thomas
Holton 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. Topographic or physical features of the proposed Lot A, such as ravines, ditches,
streams, etcetera, may limit the area available for a new or replacement septic
system. Prior to recording the plat, the Weld County Department of Public Health
and Environment recommends the applicant review the Weld County Code
pertaining to septic systems to ensure that any installed septic system will comply
2003-3488
RE3701
L 7th ✓ L a- O67-OLI
• •
RE #3701 - THOMAS HOLTON
PAGE 2
with all setback requirements found in the Code. In the event the proposed lot is not
of sufficient size to allow the installation of a septic system, the lot may need to be
enlarged.
3. Prior to recording the plat:
A. The applicant has indicated that the most likely location for a building
envelope would be outside of the pivot irrigation circle along the southern
boundary of the property where accessability is not an issue. Weld County
Department of Planning Services agrees with the applicant and asks that this
area be delineated on the plat.
B. The plat shall be titled: Recorded Exemption No. 0803-12-4 RE-3701.
C. In accordance with Chapter 8, Article II, of the Weld County Code, Lots A
and B shall each be granted one residential access. Direct access from a
public road shall be limited to one access per legal parcel for residential use;
no circle drives or additional accesses shall be granted. The road shall be
graded and drained to provide all-weather access. Accesses shall be placed
in such a location as to have adequate sight distance in both directions,and
shall not be placed below the crest of a hill or where physical obstructions
are present.
D. Lot B shall use the existing agricultural/oil and gas/ditch road accesses
necessary for agricultural operations as no additional accesses shall be
granted.
E. 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.
F. Weld County Road 70 is designated on the Road Capital Improvement Plan
in the County Wide Impact Fee Code Ordinance,Section 20-1-30,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 as right-of-way on the plat. This road is
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.
2003-3488
RE3701
• •
RE #3701 - THOMAS HOLTON
PAGE 3
H. The applicant shall address the requirements of Weld County School District
RE-2, as stated in the referral response dated November 10, 2003.
Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services.
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.
J. 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.
K. The following notes shall be placed on the plat:
1) All proposed or existing structures will meet the minimum setback
and offset requirements for the Zone District in which the property is
located. Pursuant to the definition of setback in the Weld County
Code,the required setback is measured from the future right-of-way
line. No building or structure as defined and limited to those
occupancies listed as Groups A, B, E, H, I, M, and R in Table 3-A of
the 1997 Uniform Building Code (UBC), 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) All structures requiring Building Permits shall be located within the
designated building envelope.
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 and B
have 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 Uniform Fire Code.
2003-3488
RE3701
RE #3701 - THOMAS HOLTON
PAGE 4
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) 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 Program.
9) Potential purchasers are hereby notified that a confined animal
feeding operation is located directly east of the intersection of Weld
County Roads 74 and 47. 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.
10) Weld County's Right To Farm statement, as it appears in the Weld
County Code, Appendix 22-E, shall be placed on the Plat.
4. 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.
5. The Department of Planning Services respectfully requests the surveyor provide a
digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo
Coverages and Arclnfo Export files format type is .e00. The preferred format for
Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to
mapsco.weld.co.us.
2003-3488
RE3701
• •
RE #3701 - THOMAS HOLTON
PAGE 5
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 29th day of December, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 4/1` E 11,A,
ava E n Chair
Weld County Clerk to the +ar , O ��� 6 , Ir
' ♦ obert D. as en,�ro-Tem
BY: 2i �./ A'
Deputy Clerk to the Boat ( `
. J. eile
,---
Al 27-12D AS TO FORM: <7 7-M2.----(
i' >� Willia . Jer
F.----)------
y Attor ey
Glenn Vaad
Date of signature: 1/5/cy
2003-3488
RE3701
46tt MEMORANDUM
Wi`,D�. TO: Board of County Commissioners
COLORADO DATE: December 19, 2003
FROM: Sheri Lockman, Planner II
SUBJECT: Recorded Exemption 3701
Applicant, Thomas M. Holton
The Department of Planning Services is asking that the Board of County Commissioners review Recorded
Exemption 3701 for non compliance with Section 24-8-40.M of the Weld County Code which states"The
proposed recorded exemption is not part of a recorded exemption or subdivision exemption which was
done in conjunction with a recorded exemption approved within the last ten (10)years unless the original
exemptions had an application pending as of October 25, 1995. This provision shall not apply in any
Commercial or Industrial Zone District." On November 25, 2002 the applicant applied for a recorded
exemption to subdivide the property. The Certificate of Conveyance that was included with the application
indicated that a five acre parcel was illegally subdivided from the parcel in 1975. The property owners did
complete a Recorded Exemption on September 10, 2003 which corrected the illegal land split. Because
the applicant was required to correct the illegal land split that was created by the previous property owner,
he is now within the 10 year time frame.
•
•
•
2003-3488
• •
•
DEPARTMENT ERVICES
RECORDED EXEMPTION
COLORADO ADMINISTRATIVE REVIEW
•
PLANNER: S Lockman HEARING DATE: December 29, 2003
CASE NUMBER: RE-3701
APPLICANT: Thomas M. Holton
ADDRESS: 12032 Hwy 52, Fort Lupton, CO 80621
REQUEST: Two Lot Recorded Exemption
LEGAL DESCRIPTION: Lot B RE-3475, being part of the S2 Section12, T6N, R65W of the 6TH P.M., Weld County,
Colorado
PARCEL NUMBER: 0803 12 000038
PARCEL SIZE: 119 +/- acres ZONE DISTRICT: Agricultural
WATER SOURCE: North mId 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.M- The proposed recorded exemption is not part of a recorded exemption or subdivision exemption
which was done in conjunction with a recorded exemption approved within the last ten (10)years unless the original
exemptions had an application pending as of October 25, 1995. This provision shall not apply in any Commercial or
Industrial Zone District.
On November 25, 2002 the applicant applied for a recorded exemption to subdivide the property. The Certificate of
Conveyance that was included with the application indicated that a five acre parcel was illegally subdivided from the
parcel in 1975. The property owners did complete a Recorded Exemption on September 10, 2003 which corrected
the illegal land split. Because the applicant was required to correct the illegal land split that was created by the
previous property owner, he is now within the 10 year time frame.
Should the Board of County Commissioners approve this request, the Department of Planning Services' staff
recommends the following conditions be attached:
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. Topographic or physical features of the proposed Lot A, such as ravines, ditches, streams etc. may limit the area
available for a new or replacement septic system. Prior to recording the plat the Weld County Department of Public
Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems
to assure that any installed septic system will comply with all setback requirements found in the Code. In the event
the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged.
3. Prior to recording the plat:
A. The applicant has indicated that the most likely location for a building envelope would be outside of the pivot
irrigation circle along the southern boundary of the property where accessability is not an issue.Weld County
Department of Planning Services agrees with the applicant and asks that this area be delineated on the plat.
B. The plat shall be titled: Recorded Exemption No. 0803-12-4 RE-3701 __
C. In accordance with Chapter 8,Article II of the Weld County Code, Lot A and Lot B shall each be granted one
residential access. Direct access from a public road shall be limited to one access per legal parcel for
residential use,no circle drives or additional accesses shall be granted.The road shall be graded and drained
to provide all weather access.Accesses shall be placed in such a location as to have adequate sight distance
in both directions, shall not be placed below the crest of a hill or where physical obstructions are present.
D. Lot B shall use the existing agricultural / oil and gas / ditch road access points necessary for agricultural
operations as no additional accesses shall be granted.
E. 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.
F. County Road 70 is designated on the Road Capital Improvement plan in the County Wide Impact Fee Code
Ordinance, Section 20-1-30, 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.
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.
H. The applicant shall address the requirements of Weld County School District RE-2 as stated in the referral
response dated November 10, 2003. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services.
I. 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.
J. 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.
K. 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
. # , CC VY�
and R in Table -A of the 1997 Uniform Building Code, shall'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) All structures.requiring building permits shall be located within the designated building envelope.
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 and Lot B have 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 Uniform 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) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to
the fee.structure of the County Road Impact Program. (Ordinance 2002-11)
9) Potential Purchasers are hereby notified that a confined animal feeding operation is located directly
east of the intersection of County Roads 74 and 47. 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.
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 neighgpring 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-- 2, C. R. S., provides that an agricultural ope ation 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.
4. 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.
5. 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 mapsna,co.weld.co.us.
•
Kit d DEPARTMENT OF PLANNING SERVICES
1555 N. 17`" AVENUE
GREELEY, COLORADO 80631
WEBSITE: www.co.weld.co.us
' E-MAIL: stockman@co.weld.co.us
D�• PHONE (970)W 353-6100,AX XT. 3540 FAX (970) 304-6498
COLORADO
December 19, 2003
Thomas M: Holton
12032 Highway 52
Fort Lupton, CO 80621
Subject: Recorded Exemption (RE-3701)
Legal Description: Lot B RE-3475, being part of the S2 Section12, T6N, R65W of the 6T" P.M., Weld
County, Colorado of the 6th P.M., Weld County, Colorado
Dear Sir:
This letter is to inform you that the above referenced Recorded Exemption has been reviewed by the Department of
Planning Services and it has been determined that the application does not meet the standards of Section 24-8-40 of
the Weld County Code. This application is scheduled before the Board of County Commissioners on December 29,
2003 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,
SIG G, v '' 2 /llGl'
Sheri Lockman
Planner II
• • •
•
DEPARTMENT OF PLANNING N. SERVICES15517th Avenue
a Greeley, CO 80631
Phone (970) 53-6100, Ext. 3540
Fax(970) 304-6498
C
COLORADO
October 28, 2003
Thomas Holton
12032 HWY 52
Fort Lupton CO 80621
Subject: part E3of0the S2 Recorded
Sect on 12, T6Exemption
N, R65W of the 6th P.M.,land
of RE-3475;being
Weld County, Colorado.
Dear Applicant:
Your recorded exemption application is being processed. If it is determined that the application meets the
approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is
approved. If the staff determines that the application does not meet
the
e app revrovw to the or Boardif sf taff
has
unty
concerns with the application, staff may elect to forward the appfore etion
pCommssioner . You wil be ublic (hearings You willl beninformed of the hearngotified and asked eda dar ate to e Board
rhear hearing. The B
oardlof County
Commissioners will then consider your application and make a final decision on the recorded exemption.
If you have any questions concerning this matter, please call me.
Sincerely,
,A0
L 2//4V ' tii
Sheri Lockman
Planner
FIELD CHECK inspection date: 12/18/03
CASE NUMBER: RE-3701
APPLICANT: Thomas M. Holton
LEGAL DESCRIPTION: Lot B RE-3475, being part of the S2 Section12, T6N, R65W of the
6T" P.M., Weld County, Colorado
Zoning Land Use
N A (Agricultural) N Agricultural / Residential
E A (Agricultural) E Agricultural / Residential
S A (Agricultural) S Agricultural / Residential
W A (Agricultural) W Agricultural / Residential
COMMENTS: Two homes are in close proximity to the east. The site is
currently covered by tall grass. No pivot irrigation system
was visible.
/fi ✓1G7/2//it k7
Sheri Lockman , Planner II
APPLICATION FLOW SHEET
COLORADO
APPLICANT: Thomas M. Holton CASE #: RE-3701
REQUEST: Recorded Exemption
LEGAL: Lot B RE-3475, being part of the S2 Section12, T6N, R65W of the 6TH P.M., Weld
County, Colorado
LOCATION: North of and adjacent to County Road 70 and 1/4 mile west of County Road 49
PARCEL ID #: 0803 12 000038 ACRES: 119 +/-
Date By
Application Received Oct 24, 2003
Application Completed Oct 27, 2003 SL
Referrals listed Oct 27, 2003 SL
Design Review Meeting (PUD)
File assembled lC Z l C`3 L
Letter to applicant mailed to,Z ct_ o I_Aut
Vicinity map prepared
Referrals mailed 10.7(1. C3 l
Chaindexed IC, (at. C)) LAO
Field check by DPS staff
Administrative Review decision:
Date By
County Commissioners Hearing Date (if applicable) / �9 Q
Surrounding property owners notified
Air photo and maps prepared
CC action: /247,A-P/91 /2/;O3
3
CC resolution received
Recorded on maps and filed /AV—el —
Overlay Districts
Zoning Agricultural
MUD Yes No_x
IGA Yes No_x_
Airport Yes No x_
Geologic Yes No x
Flood Hazard Yes No x_ Panel #080266 0627 C
Road Impact
WD •
EPARTMENT OF PLANNING SERVICE •
1555 N. 17th Avenue. Greeley, Colorado 80631
Phone (970) 353-6100, Ext. 3540 - Fax#(970) 304-6498
APPLICATION FOR RECORDED EXEMPTION
Application Fee Receipt Number Case Number
Recording Fee Receipt Number Zoning District
' Application Checked By Planner Assigned to Case
TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures).
I (we), the undersigned hereby request that the following described property be designated a recorded
exemption by the Weld County Board of County Commissioners.
Legal Description: See attached exhibit A Total Acreage: 119 Zoning AG
Parcel Number: 0 8 0 3 1 2 0 0 0 0 3 8 (12 digit number-found on Tax I.D. Information or obtained at the
Assessor's Office).
Has this property been divided from or had divided from it any other property since August 30; 1972?
Yes No X_
Is this parcel of land under consideration the total contiguous land owned by the applicant'?
Yes No X_
Does the parcel of land under consideration lie in any of the following Overlay Districts?
Flood Hazard: Yes_ No X ; Airport: Yes No Geological Hazard: Yes_ No X
FEE OWNERS OF PROPERTY
Name: Thomas M. Holton Home Phone# 303-512-44&1 Work Phone #
8,, -Z1-41-4 :-
Address: 12032 HWY 52 City/State/Zip Code Fort Lupton, CO 80621
Applicant or Authorized Agent: Thomas Holton Phone#
Address: City/State/Zip Code
Larger Parcel Smaller Parcel Smaller Parcel
Applicable only for 3-lot
Recorded Exemption
Water Source Proposed N.W.C.W.D. Proposed N.W.C.W.D.
tap tap
Type of Sewer Proposed Septic System Proposed Septic System
Proposed Use Res/AG Res/AG
Acreage +1- 115.6 +/- 3.5
Existing Dwellings NO NO
Yes or No
Existing Dwellings Address (if applicable):
Larger Parcel N/A Smaller Parcel N/A
Smaller Parcel (applicable only for 3-lot Recorded Exemption)
I hereby state that all statements, proposals, or plans submitted is application are true and correct to
the best of my knowledge.
s.
Rev: 1-27-97 ignature: wner or uthorize Agent
PARTMENT OF PLANNING SERVICES
1., N. 17th Avenue, Greeley, Colorado 806
Phone (970) 353-6100, Ext. 3540 -Fax# (970)304-6498
APPLICATION FOR RECORDED EXEMPTION
Application Fee Receipt Number Case Number
Recording Fee _ Receipt Number Zoning District
Application Checked By Planner Assigned to Case
TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures).
I (we), the undersigned hereby request that the following described property be designated a recorded
exemption by the Weld County Board of County Commissioners. --
Legal Description: See attached exhibit A Total Acreage: 119 Zoning AG
Parcel Number: 0 8 0 31 2 0 0 0 0 3 8 (12 digit number-found on Tax I.D. Information or obtained at the
Assessor's Office).
Has this property been divided from or had divided from it any other property since August 30, 1972?
Yes No X
Is this parcel of land under consideration the total contiguous land owned by the applicant?
Yes No X
Does the parcel of land under consideration lie in any of the following Overlay Districts?
Flood Hazard: Yes, No X ; Airport: Yes_ No Geological Hazard: Yes_ No X
FEE OWNERS OF PROPERTY
Name: Thomas M. Holton Home Phone# 303-572-4451 Work Phone#
Address: 12032 HWY 52 City/State/Zip Code Fort Lupton, CO 80621
Applicant or Authorized Agent: Thomas Holton Phone#
Address: City/State/Zip Code
Larger Parcel Smaller Parcel Smaller Parcel
Applicable only for 3-lot
Recorded Exemption
Water Source Proposed N.W.C.W.D. Proposed N.W.C.W.D.
tap tap
Type of Sewer Proposed Septic System Proposed Septic System
Proposed Use Res/AG Res/AG
• Acreage +/- 115.6 +/-3,5
J Existing Dwellings NO NO
v v Yes or No a1 C-- 717 _ a?447 cf.7O
`
i° '119' Existing Dwellings Address (if applicable):
Larger Parcel N/A Smaller Parcel N/A
Smaller Parcel (applicable only for 3-lot Recorded Exemption)
I hereby state that all statements, proposals, or plans submitted is application are true and correct to
the best of my knowledge.
Rev: 1-27-97 ignature: wner or Authorized Agent
• • • •
RECORDED EXEMPTION QUESTIONAIRE
1. Water supply statements addressing the following:
A Can serve letter from the North Weld County Water District is included with this
application. N.W.C.W.D. water has a proven history of high quality and dependability
for domestic use in rural Weld County. There is a main line located adjacent to this
proposed Recorded Exemption, which warrants sufficient quantity to serve its needs
There will be no change in use in irrigation water.
2. A statement explaining that the proposed lots will have adequate means for disposal of
sewage in compliance with the requirements of the underlying zone district and the
Weld County Department of Health and Environment.
All proposed structures shall meet with the requirements of the underlying zone district
and the Weld County Department of Health. An I.S.D.S. permit shall be applied for
according to the regulations of the Weld County Environmental Health Department when
needed. No such permit is requested at this time.
3. A description of how the property is being used. When the parcel(s) is located in the
agricultural zone district, the description shall include approximate acreage of prime
and nonprime farmland as defined in the Weld County Comprehensive Plan, number
and types of livestock and any existing improvements such as the principal residence,
labor home, mobile home, manufactured home, barn outbuildings, irrigation ditches,
oil well production facilities on the property.
The North Side Lateral Ditch determines the western boundary of the property and
approximately 80 acres is currently being used as productive, irrigated pasture. The
remaining 39 acres is also pasture,but is not considered to be as productive. Due to
difficulty of irrigation, the pasture is currently being used for approximately forty pairs of
cattle.
There are currently no improvements on the property and no oil well production facilities.
4. A description of the location, size, present and future use of the area where the
proposed new lot(s) will be created.
This property is located approximately 2 1/2 miles Southwest of Galeton, CO and is
currently being used as irrigated pasture. This application for Recorded Exemption is
intended to maximize the productive farmland by making it suitable for the installation of
a center pivot sprinkler system. The addition of the sprinkler will result in a corner of the
parcel that will be difficult to irrigate, and would be better utilized for residential
purposes. The corner mentioned is located in the Southeast corner of the parcel and will
become Lot 'A' of this proposed Recorded Exemption. Lot 'A' shall be approximately
3.5 acres. The remaining+/- 115.5 acres will continue to be used for agricultural
purposes and will be referred to as Lot 'B' of this Recorded Exemption.
5. A statement describing any unique physical characteristics on the site, if applicable.
As mentioned previously, the western boundary of this property is determined by the
North Side Lateral Ditch making the parcel irregularly shaped and difficult to flood
irrigate. The addition of a center pivot sprinkler system will result in more productive
farm ground, which is consistent with the Weld County Comprehensive Plan. There are
no other unique characteristics on this property.
6. A statement indicating where a primary building envelope and/or alternative building
envelope will be designated.
Any building envelope to be designated on the property will be determined by the exact
placement of the center pivot sprinkler. It is not known at this time where the building
envelope will be designated, but would most likely be along the Southern Boundary of
the property due to accessibility issues.
7. Is there a Use by Special Review permit on the property?
There is no Use by Special Review permit associated with the subject property.
nD4 -4v2 '
Road File#
RE:
Other Case No.
APPENDIX B
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Public Works Department Date: 9/24/03
1111 H Street,P.O. Box 758, Greeley, CO 80632
Phone: (970)356-4000, Ext. 3750 Fax: (970) 304-6497
I. Applicant Name Thomas M. Holton Phone (303)572-4451
Address 12032 HWY 52 City Fort Lupton State CO Zip 80621
2. Address or location of access
Section 12 Township 6 North Range 65 West
Subdivision Block Lot
Weld County Road # 70 Side of Road North Distance from nearest intersection 12 mile
3. Is there an existing access to the property? Yes X No #of accesses 2
4. Proposed Use:
❑ Permanent ❑ Residential/Agricultural ❑ Industrial
❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other
******************************************************************************************
5. Site Sketch uu
Legend for Access Description:
AG= Agricultural WCR 72 L . arrA
RES = Residential f I_s
O&G= Oil& Gas
D.R. = Ditch Road
rn
v �
c4
U U
3 /start), 3
' DoT
7\wcR7o r
D.R. AG proposed res.
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:
r 'iYd D�
• •
Report bate: 09/29/2003 10:15AM WELD COUNTY TREASURER Page: 1
STATEMENT OF TAXES DUE
SCHEDULE NO: R1251186
ASSESSED TO:
HOLTON THOMAS M
12032 HYW 52
FORT LUTPON, CO 80621
LEGAL DESCRIPTION:
13626 PT SW4/W2SE4 12 6 65 EXC PARCEL IN SE COR OF W2SE4 18 RODS & 4'E &W BY 660' N & S
ALSO EXC BEG E500.75' FROM S4 COR OF SEC N1051.59' N89D56'E 233.01' N1588.96' N89D56'E
529.50'S01D21'E 1982.17'THENCE W301.0' S01D21'E 660'W523.15'TO BEG ALSO EXC BEG E170.75'
FROM SW COR SE4 OF SEC N660' E330' S660'W330'TO PT OF BEG ALSO EXC PT SW4 LYING W &
NW OF C/L OF GREELEY#2 DITCH (2.38R 1.50D)
PARCEL: 080312000038 SITUS ADD:
TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE
2002 TAX 562.00 22.48 0.00 584.48 0.00
TOTAL TAXES 0.00
GRAND TOTAL DUE GOOD THROUGH 09/29/2003 0.00
ORIGINAL TAX BILLING FOR 2002 TAX DISTRICT 0205 -
Authority Mill Levy Amount Values Actual Assessed
WELD COUNTY 20.056 141.39 AGRICULTUR 24,341 7,050
SCHOOL DIST RE2 46.678 329.07
NCW WATER 1.000 7.05 TOTAL 24,341 7,050
GALETON FIRE 2.420 17.06
AIMS JUNIOR COL 6.316 44.53
WELD LIBRARY 3.249 22.90
TAXES FOR 2002 79.719 562.00
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,
REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
P.O. Box 458
Greeley, CO 80632
(970) 353-3845 ext. 3290
WELD COUNTY TREASURER
Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes
Due, issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes,
special assessments and prior taxes liens currently due and payable connected with the parcel(s)
identified therein have been paid in full.
•
Signed Date 7'/C, 9/0
. REFERRAL LIST •
NAME:Thomas M. Holton CASE NUMBER: RE-3701
REFERRALS SENT: October 28, 2003 REFERRALS TO BE RECEIVED BY: November 26, 2003
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
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
Eaton F-4 Platteville
Fort Lupton F-5 Severance
X_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 Greeley Canal#2 Ditch Company Longmont
West Adams
• •
Weld County Referral
COLORADO October 28, 2003
The Weld County Department of Planning Services has received the following item for review:
Applicant Thomas M. Holton Case Number RE-3701
Please Reply By November 26, 2003 Planner Sheri Lockman
Project Recorded Exemption
Legal Lot B of RE-3475; being part of the S2 Section 12, T6N, R65W of the 6th P.M.,
Weld County, Colorado.
Location North of and adjacent to CR 70; 1/4 mile west of CR 49. For a more precise
location, see legal.
•
Parcel Number 0803 12 000038
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
SignatureAt& h d. `1tI �-
ou�-u-n r� H -/2-63
Agency �e TV 51d,.l faJ �j, Date
+Weld County Planning Dept. C.1555 N. 17th Ave.Greeley,CO. 80631 :•(970)353-6100 ext.3540 ••(970)304-6498 fax
• •
p Weld County Referral
•
COLORADO October 28, 2003
The Weld County Department of Planning Services has received the following item for review:
Applicant Thomas M. Holton Case Number RE-3701
Please Reply By November 26, 2003 Planner Sheri Lockman
Project Recorded Exemption
Legal Lot B of RE-3475; being part of the S2 Section 12, T6N, R65W of the 6th P.M.,
Weld County, Colorado.
Location North of and adjacent to CR 70; 1/4 mile west of CR 49. For a more precise
location, see legal.
Parcel Number 0803 12 000038
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.
4 See attached letter.
Comments:
Signature
Agency i_t`(.iL: CH U. ._, zr :
Date
❖Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 4(970)304-6498 fax
_�17/if
t • I
. MEMORANDUM
( t \
to
Illige. TO: Sheri Lockman, Planner II DATE: 12/2/2003
FROM: Donald Carroll, Engineering Administrator it
COLORADO SUBJECT: RE-3701, Thomas M. Holton
The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are
as follows:
COMMENTS:
WCR 70 is designated on the Road Capital Improvement Plan in the County Wide Impact Fee Code
Ordinance, Section 20-1-30, 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 measured
from the future right-of-way line.
WCR 49 is designated on the Road Capital Improvement Plan in the County Wide Impact Fee Code
Ordinance, Section 20-1-30, as an arterial status road, which requires a 110-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 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.
Direct access from a public road shall be limited; only one access is allowed per legal residential parcel. No
circle drives will be allowed. In accordance with Chapter 8, Article II of the Weld County Code, this policy shall
apply to all new and existing accesses within the unincorporated areas of Weld County. Properties within
municipalities or other counties that access Weld County roads are also subject to this policy.
The applicant shall complete a Weld County Road Access Information Sheet.
Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation.
Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or
become established as a result of the proposed development, the applicant/landowner shall be responsible for
controlling the noxious weeds.
pc: RE-3701 M:\PLANNING\RE-5.DOC
6
itotirpo • Memorandum
TO: , W.C. Planning, Sheri Lockman
DATE: November 26, 2003
COLORADO FROM: Deborah Blandin,EH Services
CASE: RE- 3701
APPLICANT: Thomas M. Holton
Environmental Health Services has reviewed this proposal; the following conditions are
recommended to be part of any approval:
1. A Weld County Septic Permit is required for the proposed home septic system(s)
and shall be installed according to the Weld County Individual Sewage Disposal
Regulations.
Additionally, please note the following:
1) Topographic or physical features of the proposed lot, such as ravines, ditches,
streams, etc. may limit the area available for a new or replacement septic
system. Prior to recording the plat the Division recommends that the applicant
review the County Code pertaining to Septic Systems to assure that any installed
septic system will comply with all setback requirements found in the Code. In the
event the proposed lot is not of sufficient size to allow the installation of a septic
system the lot may be need to be enlarged.
M:\ENVIRONMENTAL HEALTH SERV ICES\PLANNING\RE-3701.rtf
'- ..-u3; 4: 4JHM:Fton 'school D'ct.
p Weld County Referral
COLORADO October 28, 2003
The Weld County Department of Planning Services has received the following item for review:
Applicant Thomas M. Holton • Case Number RE-3701
Please Reply By November 26, 2003 Planner Sheri Lockman
Project Recorded Exemption
Legal Lot B of RE-3475; being part of the S2 Section 12, T6N, R65W of the 6th P.M.,
Weld County, Colorado.
Location North of and adjacent to CR 70; 1/4 mile west of CR 49. For a more precise
location, see legal.
Parcel Number 0803 12 000038
The application Is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional Information, please call the Department of Planning Services.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
See-attached letter.
Comments:
•
•
Signature ` ijklikA __ (ikS� ctcreuvi (I lolob
Agency LPirv3 .) SO_\loot_ QtvT2\ct RE—a Date
❖Weld County Planning Dept. +1555 N. 17th Ave. Greeley, CO.80631 .(970)353-6100 ext.3540 :•(970)304-6498 fax
4:43'5M;E0ton School sits. ;g7c4scc,og
EATON SCIIFOOL DISTRICT RE-2
John J. Nuspl 200 Park Avenue
Superintendent Eaton, Colorado 80615
(970) 454-3402
(970) 454-5193 Fax
November 10, 2003
Sheri Lockman
Weld County Planning Department
1400 17th Avenue
Greeley, CO 80631
RE: Thomas M. Holton
Two-Lot Recorded Exemption RE-3701
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 per dwelling lot is $1,043 for a total of $2,086 for this 2
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,
i‘j-5\1\ti\
Timothy Unrein
Business Services Director
Eaton School District RE-2
Enc.
Date Paid
Amount
Check#
Received By
`S-,34
• •
p Weld County Referral
COLORADO October 28, 2003
The Weld County Department of Planning Services has received the following item for review:
Applicant Thomas M. Holton Case Number RE-3701
Please Reply By November 26, 2003 Planner Sheri Lockman
Project Recorded Exemption
Legal Lot B of RE-3475; being part of the S2 Section 12, T6N, R65VV of the 6th P.M.: J
Weld County, Colorado.
Location North of and adjacent to CR 70; 1/4 mile west of CR 49. For a more precise
location, see legal.
Parcel Number 0803 12 000038
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.
J . See attached letter.
Comments:
Signature � i�_ \ J ' Dl)
Agency W V Date
+Weld County Planning Dept. ❖1555 N. 17th Ave.Greeley,CO.80631 ❖(970)353-6100 ext.3540 4(970)304-6498 fax
,OXTC. jVIC),/
• West Greeley Conservation District
(970) 356-8097
Case Number: RE-3701
Applicant: Thomas M. Holton
Planner: Sheri Lockman
Below is a list of the soils and their limitations according to the USDA, Weld County Soil Survey.
Dwellings Small Septic Tank Prime Farm
Map Soil Name Soil Texture Shallow without Dwellings with Commercial Absorption Land (if Additional Comments
Symbol Excavations basements basements Buildings Fields irrigated)
4 Aquolls Flooded Severe Severe Severe Severe Severe No
31 Kim Loam Slight ioderate Slight Yes •
32 Kim Loam Slight ,derate Slight Yes
51 Otero Sandy Loam Slight Slight Slight Slight Slight No
64 Thedalund Loam Moderate Severe No
The West Greeley Conservation District recommends that the applicant does an on site soils test prior to any construction. For a more complete soils
description consult the Weld County Soil Survey or contact our office at (970) 356-8097. If you or the applicant have any questions please feel free to
call our office.
•
Produced by the West Greeley Conservation District
Applicant : Thom M . Holton •
Planner : Sheri Lockman Case# : RE - 3701
- __)
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Weld County Referral Map
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NLocal Roads 1�
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• ••
CERTIFICATE OF CONVEYENCES WELD COUNTY
STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES
COUTY OF WELD
The Security Title Guaranty Co. TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it
has been made a careful search o its records, and finds the following conveyances affecting the real estate
described herein since August 30, 1972, and the most recent deed recorded prior to August 30,1972.
LEGAL DESCRIPTION:
The S W 1/4 and the W1/2 SE 1/4/4 of Section 12, Township 6 North, Range 65 West of the 6th P.M., County
of Weld, State of Colorado. (See attached deed)
CONVEYANCES if none appear, so state)
�-Reception No. 2921622 , Book 2002
Reception No. 1577156 , Book 655
Reception No. 1620429 , Book 698
Reception No. 1544812 , Book 623
Reception No. , Book
Reception No. , Book
Reception No. , Book
Reception No. , Book
The certificate is made for the use and benefit of the Department of Planning Services of Weld County,
Colorado.
This certificates not to be constructed as an Abstract o Title no an opinion of Title, nor a guarantee of Title
and the liability of Security title Guaranty company, is hereby limited to the fee paid for this Certificate.
In witness Whereof, Security Title Guaranty Company,has caused this certificate to be signed by its proper
officer this 24th day of October,2003, at 11:50A.M.
S; TOanturity i y Co
Authorized Signature
Security Title Guaranty Co.
3690 W. 10th St., 2nd Floor
Greeley,CO 80634
(970)356-3200 •FAX(970)356-4912
Toll Free: 1-888-825-3215
I 111111 IIIII •
2921622 02101/2002 10:23A JA Sind Tsukamato
1 of 2 R 10.00 0 25.00 Weld County CO
WARRANTY DEED
THIS DEED, Made this 23rd day of January, 2002 between
Tollgate Farms, Inc., a Colorado corporation
a corporation duly organized and existing under and by virtue of the laws of the State
of COLORADO, grantor, and Thomas M. Holton
whose legal address is 12032 Hwy 52, Fort Lupton, Colorado 80621
of the County of Weld and State of Colorado, grantees:
WITNESSETH: That the grantor, for and in consideration of the sum of TWO HUNDRED
FIFTY THOUSAND AND 00/100, ($250,000.00) 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 grantee, his heirs
and assigns forever, all the real property together with improvements, if any,
situate,lying and being in the County of Weld and State of Colorado, described as
follows:
4SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
i@ also known by street and number as TBD WCR 70, Greeley, Colorado 80631
�� TOGETHER with all and singular the hereditaments and appurtenances thereto
belonging, or in anywise appertaining, and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof, and all the estate, right, title,
interest, claim and demand whatsoever of the grantor, either in law or equity, of, in
and to the above bargained premises, with the hereditamente and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for
itself, its successors, does covenant, grant, bargain, and agree to and with the
grantee, his heirs and assigns, that at the time of the ensealing and delivery of
theme presents, it is well seized of the premises above conveyed, has good, sure,
perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and
has good right, full power and lawful authority to grant, bargain, sell and convey the
same in manner and form as aforesaid, and that the same are free and clear from all
former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and
restrictions of whatever kind or nature soever, except
general taxes for 2002 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 possession of the grantee, his heirs and 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 WHEREOF, The grantor has caused its corporate name to be hereunto
subscribed by its and its corporate seal to be hereunto affixed, attested
by its $edratary, the day and year first above written.
Attes : l
Tollgate Farms, Inc., a Colorado
corporation
7-0j
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` ♦ 4-r , /
Jac-6b A Fullenwider, Secretary &
Treasurer
STATE OF COLORADO
) es. The foregoing instrument was acknowledged before
County of Weld ] me this 23rd day of January, 2002, by
Jacob A Secretary/
Fullenwider as of Tollgate Farms, Inc., a Colorado corporation
Treasurer
My commission expires November 15, 2005
witness my hand and official seal. �� `�7 /,te~_
R
'Y"PUB! NOTARY PUBLIC
1295 Main St.
No. 4 . /Rgx,p pO t\. Windsor, COLORADO 80550
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2921822 02/0112002 10.231 JA Sukl Taukamolo
2M 251020 0 25.00 Weld County CO
"EXHIBIT A"
LEGAL DESCRIPTION
The SW1/4 and the W1/2SE1/4 of Section 12, Township 6 North, Range 65
West of the 6th P.M. , County of Weld, State of Colorado.
EXCEPTING THEREFROM parcels conveyed by deeds recorded January 8, 1885
in Book 47 at Page 405; June 17, 1909 in Book 307 at Page 308;
September 24, 1973 in Book 700 as Reception No. 1621793; February 24,
1975 in Book 731 as Reception No. 1653449; and March 10, 1975 in Book
734 as Reception No. 1655700.
TOGETHER WITH Twelve (12) shares of the capital stock of the Cache La Poudre Reservoir
Company
TOGETHER WITH Eight (8) shares of the capital stock of the North Side Lateral Co.
TOGETHER WITH Four (4) shares of the capital stock of the New Cache La Poudre
Irrigating Company
TOGETHER WITH all grantor(s) rights in the McKelvy Seepage Ditch Filing
BOARD OF DIRECTORS • NORTH WELD C WATER DISTRICT
GARY SIMPSON 33247 HIGHWAY 85 • LUCERNE, CO 80646
ROBERT ARNBRECHT
CHARLES ACHZIGER DON POSSELT, DISTRICT MANAGER
RALPH PRIOR
JOHN JOHNSON P.O. BOX 56 • PHONE (970)356-3020 • FAX (970) 395-0997
e-mail: water@nwcwd.org
September 12,2002
Douglas Stolte
800 8's Ave., Ste. 235
Greeley, CO 80631
This letter is in response to your inquiry regarding water service to the following described property,
TBD WCR 70, in a portion of the
SW %<and the W ''A of the SE '/ of Section 12,T6N,R65W of the 6th Prime Meridian
1. Water Service is presently being provided to the above mentioned property.
2.North Weld County Water District is able and intends to provide water services to the above mentioned property,
provided all requirements of the District are satisfied. Before a water tap may be purchased,the applicant must provide
a copy of a Warranty Deed,a Physical Address and this letter. The applicant must also bring a copy of a surveyed
plat of the property if there is a recorded exemption.
If contracts have not been completed with North Weld County Water District within one year from the date of this
letter,this letter shall become null and void. The Tap Fees quoted below,shall be valid for ten(10)business days from
the date the applicant receives this letter. After ten days,the costs will be subject to the current cost established by the
District.
TAP FEES INSTALLATION COST ESTIMATE
Raw Water for an Acre-Foot Unit(AFU) $10,000 Meter Set Fee
(Effect. 10/01/02 Raw Water Acre-Foot) ($13,000)
Base Portion of Plant Investment Fee $6,500 Range $600 - $1,200
Distance Portion of Plant Investment Fee $6,600 At Cost TBD
TOTAL Up-Front COSTS $23,100 +Meter Set Fee
Pressure Range 80 psi to 140 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
one year from the purchase of such meter,the District shall refund the applicant 75%of the purchase price that was
paid by the applicant.
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.
The District recommends that anticipated water usage be purchased through the District. The District guarantees
treatment and delivery of water purchased. All rental water and water that is delivered with surcharge is subject
to water availability and will be issued on a first come-first serve basis and is not guaranteed to be available.
The District requires that 1 Acre-Foot Unit(AFU)is purchased. With 1 AFU purchased any usage beyond 228,000
gallons will be in surcharge.
The Plant Investment Fee shown above 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 surcharge will be applied to
your account. Plant Investments maybe purchased to increase the amount of water to be delivered and avoid the
surcharge.
Alan Overton
North Weld County Water District
P:\Legal Documents\Utter of Intent\2002\StdteDouglas(09-12-02).doc
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