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Home My WebLink About20031304.tiff 111111111111111111 Milt' �� 11111111 �� 11111 �� 3070527 06/09/2003 11:00A Weld County, CO 5n7 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder RESOLUTION RE: ACTION OF BOARD CONCERNING RECORDED EXEMPTION #3111 - MARVIN AND KAREN STERKEL 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 #3111 was submitted by Marvin and Karen Sterkel,2900 Weld County Road 46, Berthoud,Colorado 80513,for property which is located in part on the following described real estate, to-wit: Part of the W1/2 S1/2 E1/2 NE1/4 of Section 16, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS,this request is to divide the property into parcels estimated to be approximately 15 acres and 5 acres, and WHEREAS, after reviewing Department of Planning Services concerns and hearing the testimony presented, the Board determined that said request shall be denied for the following reasons: 1. It is the opinion of the Board of County Commissioners that there is insufficient evidence that access can or will be made available to Lot B pursuant to Section 24-8-40.C of the Weld County Code, due to the legal issues concerning expanding the use of the private drive to serve an additional lot. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the request for Recorded Exemption#3111, submitted by Marvin and Karen Sterkel be, and hereby is, denied. 2003-1304 RE3111 PO : ,Pc_ , PL 1111111 11111 111111 III 11111111 III 11111 IIII 1111 3070527 06/09/2003 11:OOA Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder DENY RE #3111 - MARVIN AND KAREN STERKEL PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of May, A.D., 2003. BO RD OF COUNTY COMMISSIONERS W COUNY,FLCQRQDO EH ATTEST: Lie/ � E H 77 id E. Long, Chair to County Clerk to the` ' r �, �C 1 <-1,214 : r. r .� ♦ • W111 Robert D. sden, Pro-T` BY: r�Gi&2 4 c;(::/ ' " _ �, �/f Deputy Clerk to the Boa% 771 GC..., M. J. Geile AP"O DAST' O'er• : Willi H. Jerke UI p aunty Attorney � „ 1 1/4 Glenn Vaad Date of signature: 2003-1304 RE3111 up C. DEPARTMENT OF PLANNING RECORDED EXEMPTION SERVICES COLORADO ADMINISTRATIVE REVIEW PLANNER: S Lockman HEARING DATE: May 21, 2003 CASE NUMBER: RE-3111 APPLICANT: Marvin E. & Karen J. Sterkel ADDRESS: 2900 CR 46 Berthoud, CO 80513 REQUEST: Two Lot Recorded Exemption LEGAL DESCRIPTION: W2 S2 E2 NE4 Section 16, T4N, R68W of the 6th P.M., Weld County, CO PARCEL NUMBER: 1061 16 000020 PARCEL SIZE: +/- 20 Acres ZONE DISTRICT: Agricultural WATER SOURCE: Little Thompson 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 as follows: A. Section 24-8-40.C-An access is, or can be made, available that provides for safe ingress and egress to a public road. All accesses shall be in accordance with Chapter 8, Article II of this Code. The site does not have direct access to a County Road. The applicants have submitted an agreement for a driveway easement which was recorded in the Clerk and Recorders office October 10, 1980 as evidence of adequate access. The easement state "Driveway purposes as used in this agreement means for residential driveway and agricultural production and it is agreed that no substantial increase in the type or quantity of vehicles shall be allowed". Because the intent behind the statement "no substantial increase" can be debated, staff has consistently required applicants to gain the approval from property owners of the lots they wish to cross to gain access. Further,there is question as to if the road lies within the established easement or crosses properties to the east as well. Several of the lot owners surrounding the easement have been unwilling to sign a new agreement allowing an additional residence to access across their properties. 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. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No, 1061-16-1 RE-3111 2003-1304 B. Lot A shall use the existing residential access point as no additional accesses shall be granted. C. A 30 foot wide joint access and utility easement extending across Lot B from the south end of the thirty foot access easement, for the benefit of Lot B, shall be shown clearly on the plat. The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code,Appendix 24-F.E.The easement shall be graded and drained to provide all weather access. D. 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. E. The applicant shall attempt to address the requirements (concerns) of the Berthoud Fire Protection District, as stated in the referral response dated June 5, 2001. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. F. The applicant shall address the requirements of Weld County School District RE-5J as stated in the referral response dated May 24, 2001. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. G. 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. H. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. ' No building or structure as defined and limited to those occupancies listed as Groups A, B, E, H, I, M and R in Table 3-A of the 1997 Uniform Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-6-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 4) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot B has an adequate water supply of sufficient quality, quantity and dependability. 5) Prior to the release of building permits for any structure exceeding 3,600 square feet,the applicant must comply with the requirements of Appendix III-A of the Uniform Fire Code. 6) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 7) 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) 8) Prior to the release of building permits on Lot B,the Lot owner shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sanitary sewer line. In accordance with the Weld County Code, if a sewer line exists within four hundred (400)feet of the property line and the sewer provider is willing to serve the proposed structure,a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. 9) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural counties in the United States,ranking fifth in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off-site impacts,including noise from tractors and equipment;slow-moving farm vehicles on rural roads;dust from animal pens,field work,harvest,and gravel roads;odor from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over 4,000 square miles in size(twice the State of Delaware)with more than 3,700 miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance,and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed,will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal 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 24-8-70 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty(60)days from the date of the Board of County Commissioners resolution.The applicant shall be responsible for paying the recording fee. 4. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsco.weld.co.us. Sheri Lockman, Department ul Planning Services Marvin E. & Karen J. Sterkel have applied for a two lot Recorded Exemption. The lot which is without county road frontage, is south of County Road 46 and west of County Road 7.The town of Berthoud is 1/2 mile southeast of the site. Surrounding properties are agricultural in nature with homes in close proximity. 10 referral agencies reviewed this case, 9 responded favorably or included conditions that have been addressed through development standards and conditions of approval. The Big Thompson Soil Conservation did not respond to the referral request. The only issue that staff had concerns with is the access to the parcel. As proposed the lot is to be accessed from CR 46 across neighboring properties. There is an access agreement for the existing home. However, the road does not lie on the easement. The road drifts into the properties to the east. For new lots being created Staff has consistently asked for a new access agreement with any properties for which the access crosses. In this instance the applicant was unable to obtain the requested document from the surrounding property owners. Because the applicant was unable to obtain a new agreement, staff proceeded to try to make a determination as to if the original access agreement was adequate for the additional lot. The original driveway easement which was recorded states "Driveway purposes as used in this agreement means for residential driveway and agricultural production and it is agreed that no substantial increase in the type or quantity of vehicles shall be allowed". There is also a section that discusses appointing a mutually agreeable appointee to resolve any disputes regarding the interpretation of the agreement. Because the neighbors were reluctant to enter into an agreement, the road crosses properties that were not part of the original agreement and the intent behind the statement "no substantial increase" can be debated, staff determined that the Board of County Commissioners should review this case and the neighbors should be notified. Since receiving the notification of todays hearing I have received numerous telephone calls and two letters from surrounding property owners. You were just given copys of the letters. One of the letters and most of the people I have spoke to on the phone do not care if an additional home uses the access. They did have major concerns with the form of agreement Mrs. Sterkel was requesting that they enter into. They were presented with what were labeled Covenants for Section 16 E2 NE4 Road Association. The Covenants, which you have been given a copy of, included rules and regulations for the use and maintenance of the road. This went way beyond the agreement to access the property that planning services had requested. The letter from Gene and Carol Ellis also indicates that they do not want the existing road widened or ditches moved. The second letter from G. Tyler Moore and Rhonda Moore indicated that they are in opposition to this request. The property owned by the Moores is located east of the original access easement. Their lot is not a part of the existing agreement. However, the access does cross their property as you can see from the Improvement Location Certificate that they submitted with their letter. Planning staff is recommending denial of RE-3111. The applicant does not have any type of access agreement with the eastern properties one of which has indicated that they are not willing to let a new home access across their lot. Further, if the board decides that the existing easement agreement is adequate for the new lot also, the road and probably the ditch would need to be moved to be located on the easement. The surrounding property owners do not want the road moved. (b1/44) The applicant�'are present and at this time I will be happy to answer any questions the Commission may have. WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES --- PLEASE LAKE THIS SLIP TO THE FRON ' ESK -- DATE `� RECEIVED FROM sr- --kjiLkk 1 NO. TYPE FEES 21 - REIS 4221 • ZPMIIIMIIZPIZPAD 4221• LISR I 4221 - SITE PLAN REVIEW 4221 - COZ 4221 • PUB I 4221 - SUBDIVISION 4221 • BOA 4221 - MINOR SUB i 4221 • FIIOPIGIIOP • 4221 - REPLAT G560 - RECORDING FEE 4430 • MAPS/PUBLICATIONS • 4730 • INVESTIGATION FEE 4430 • POSTAGE/DANDLING ON—CALL PLANNER IsCrk © CASIIIIECK NO: \ \ TOTAL RECEIPT # W �S DEPARTMENT OF PLANNING SERVICES 4 1555 N. 17th Avenue bt + Greeley, CO 80631 Phone (970) 353-6100, Ext. 3540 Fax(970) 304-6498 Illik • COLORADO May 21, 2001 Marvin and Karen Sterkel 2900 Weld County Road 46 Berthoud CO 80513 Subject: RE-3111 A Recorded Exemption located on a parcel of land described as W2 S2 E2 NE4 Section 16, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado. Dear Mr. and Mrs. Sterkel: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of Chapter 24, Article VIII 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, 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 Berthoud and Johnstown Planning Commissions for their review and comments. It is recommended that you and/or a representative be in attendance at the Berthoud and Johnstown Planning Commission meetings to answer any questions the Commission members may have with respect to your application. Please call 970-532-3754 and 970-587-4664, for further details regarding the dates, times, and places of these meetings. If you have any questions concerning this matter, please call me. Sincerely, a Sheri Lockman Planner STATEMENT OF POSITION OF MARVIN AND KAREN STERKEL Recorded Exemption (RE-3111) 1 . Sterkels bought their property in 1975, built a house on the property a couple of years later and have lived there ever since. 2. The property was originally subdivided by the people that sold the 20 acr Its to Sterkels and they created access easements along the boundaries of each of the parcels in to 80 acres that was subdivided (E '/2 of NE %s of 16-4-68). 3 . Later four of the owners: Sterkels, Franeks, Ratashaks and Parks signed the "Agreement For Driveway Easement" that provided for maintenance. (now owned by Stekels, Franeks Ratashaks and Lim). The "Agreement For Driveway Easement" only affects those three parcels and none of the other parcels in the 80 acres. 4. The Agreement For Driveway Easement does state on page 1, "it is agreed by and among Franeks, Ratashaks, Parks and Sterkels that, in consideration of the mutual benefit received by each party they hereby give, grant and convey mutual easements to each other for riveway purposes." Driveway Purposes is defined in the Agreement as "residential drivew y and agricultural production and it is agreed that no substantial increase in the type or q antity of vehicles shall be allowed." None of the properties that signed on the Agreement h ve objected to Sterkels' request for a division of their property and therefore they have agreed at the division will not cause any substantial increase in the type or quantity of vehicles om the newly created tract. 5. Sterkels have a permanent easement with or without the Agreement to get to their property, and The Agreement For Driveway Easement may have expired in any event due to a provision in Section III. 6. Sterkels have tried to form a road association, but the other owners have obj cted to paying any of the cost of upkeep of the road. Sterkels will maintain the road and if he division is permitted, the new tract will also have to maintain the road. 7. The Agreement should not be a bar to granting the division approval since t parties to the Agreement have no objection to the granting of the division, the Agreement ma have expired, and there will be no substantial increase in the type or quantity of vehicles om the newly created tract in any event. Karen Sterkel Wednesday, May 21 , 2003 05/20/2003 07:49 9705327227 LAZY HEART E PAGE 01 TO: Sheri Lockman Planner Department of Planning Services Fax: (970) 304-6498 Also: the Weld County Board of County Commissioners FROM: Gene and Carol Ellis 21733 Weld Co. Rd. 7 Berthoud, Co. 80513 (970) 532-2331 REFERENCE CASE NUMBER: RE-3111 SUBMITTED: May 20, 2003 It is our understanding the Marvin and Karen Starkel wis to divide their property Into two parcels. Our opinion Is as follows: We do not care what the Sterkeis do with their property long as there are no demands on us as neighbors to sign any p pens involving a road, improvements to the existing road, wid Ing or Improving the existing road, moving existing ditches or platting our property. We also will not sign any papers attaching ny covenants to our property. We will not agree to any fo tlon of any type of homeowners association. We will not agree t share the cost of improving or changing the existing road or th cost of extending the existing road. If the Sterkeis desire to divide their property we will not rotest as long as such division does not involve us in any way I hiding financially and as long as Sterkels do not interfere with u or any neighbor's use of the existing road for Ingress and ogre to and from properties located along the road. ce Gene P. 1 is Carol L. Ellis 05/ 20/ 2003 17 : 34 9705327227 LAZY HEART E PAGE 01 Sheri Lockman, Planner Case # RE-3111 Im writing in concern of the Public Hearing for Two Lot Recorded Exe ption for Marvin E & Karen J. Sterkel. The road that they want to use for access to this 2nt lot runs through the ack of our property as well as others. We are strongly against this, as this will not my increase traffic as well as a proposed covenants they are trying to. organ' . This will only add several more homes in which will only benefit them and n of the other existing homes. We oppose this and do not want to see it go thro . Im sending a land survey of our property that shows the existing road on it. If they intend to widen this road, in which they will have to, It will mean mov' ditches used for irrigation. This would only cost the land owners time and mone . Thank you sincerely G. Tyler Moore & Rhonda L Moore 21875 WCR 7 u..: emu/ iuu.I 1 ( . o.: J l u.-1-441 G4 H f Li i'ILFvc i L i"fIL7t- U1 D �' ITT/ III OtB a " 2 TINNI ON ,� UR VEY/NO DOUNDART ._}., CONSTRUCTION Ive V) -7 'f° X Fax 772.12600(�8� . PO BOX 1226 i I Metro 530-0154 5 Grand Lake,' Co. 80447 eve k. 627-8244 1 I /N1AROt'E4fENT . LOCtIT/ Off C £ RT/ T/ CATS 660' I I 1 - I h 4. I Tr Ia p R \ CENTER LINE ♦I �� re) W z DIRT DITCH It; di I M Lv v\ I 0 \ Y$ cl N Z w s. O x ICE 40. 01 x MO' KN. /- ,, IETAL no ---\\DR 'MDCO fMf DIRT METAL RLo6, ,- APPROX PORE4 DN Dom. .. s•, R ' LINE,POLE�r•—.—_— -_. --- L I0.T' I DD. I r— DIRT h 6[. r: 41. 0 N. r[I IM,Test 1� Y I Q IC TAI RLDD. I Q 86 DIA SEE 6 co DIRT S CORRAL DETA IQ I 0 f,D 100, ea b co 1 j J► tu -APPROX DIRT DRIVE „I -- -- - -- -I - 1 in cc Q ma x 14. 0' 4.r Cr! i ' HAE TAL Rap, l Z Cr . ON CONC. 1'-� (� {Iyl µJ IR_9' X 12. K 4 l 1ETAL SC I I� O IR. D' X It.0 14. 0 X 12. 11 EN DIRT I/ U N NEIAL SHED MC SHED I < DX DIRT DA DIRT i• Q \ I d 4' \ " 0 1.1 to z o N ' 0' 1 M N \ C W b 2 U x • x 4______. x x x x A n n 660' ± WRY TO FENCE LINE CELLAR FND. NO, 4 REBAR IV/YELLOW CAP &Ea 34.4. RI INDS f1 N.1 F I-STORY HW SE DETAIL \ Di FRAME SCALE : I ' •Sd HOUSE II> ice' I r kt0 c5 2 IT % A C0Rp1E1 M ` T N. EAST 1 /4 OR THE NORTHERST 1 /4 HR NORTH 1 /2 OF Tat NOUTI EpaT 114 R NORTRYANT 1 /4 OF SECTION 16 , NEST or THE 6TH P . M. , DIADADO • ADAC III PTION CONCERNING UNDERGROUND PRCI LITIEB Or JBOBD JANUARY 24 , 1991 IN BOOK 1289 AT RWC0PTZON NO . • PTION (it DEPARTMENT OF PLANNING SERVICES 1555 N. 17th AVENUE GREELEY, COLORADO 80631 WEBSITE: www.co.weld.co.us ' E-MAIL: slockman @co.weld.co.us W D e PHONE (970)353-6100, EXT. 3540 FAX (970) 304-6498 COLORADO May 6, 2003 Marvin E. & Karen J. Sterkel 2900 CR 46 Berthoud, CO 80513 Subject: Recorded Exemption (RE-3111) Legal Description: W2 S2 E2 NE4 Section 16, T4N, R68W of the 6th P.M., Weld County, CO Dear Applicants: 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 May 21, 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, Sheri Lockman Planner II 6 Kit DEPARTMENT OF PLANNING SERVICES 1555 N. 17'"AVENUE GREELEY, COLORADO 80631 IDWEBSITE: ww.co.weld.co.us E-MAIL: slockman@co.weld.co.us C. PHONE (970)353-6100, EXT. 3540 FAX (970) 304-6498 COLORADO July 16, 2001 Karen Sterkel 2900 WCR 46 Berthoud, CO 80513 Subject: Recorded Exemption (RE-3111) Legal Description:W2 S2 E2 NE4 of Section 16, T4N, R68W of the 6th P.M., Weld County, Colorado Dear Mrs. Sterkel, 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 ttiat the application should be reviewed by the Board of County Commissioners. The easement agreement included in the application does not include the proposed lot. The agreement states"no substantial increase in the type or quantity of vehicles shall be allowed." If a new easement agreement can be reached allowing an adequate access • across the adjacent properties, Planning Staff will recommend approval to the Board of County Commissioners. If no new easement agreement can be reached or an inadequate agreement is submitted Planning Staff will recommend denial to the Board of County Commissioners. Please contact me at the above address, telephone number or e-mail address to discuss your options. Sincerely, Arthtal en Lockman Planner II taa aSy,' .r.rx, kF• .:t -7�•aP Wit. '.' i xaY4`a I-t:R eS 'W* „ ar' _a 'p • r. r R r h`P4� 'R :af I tAa' • . 4•`�.*Tt.Ce'{.'�;Pt II t C 6,1.r.5," • 1 1,1,-. •—sn'� �t 17 '1'I • 4 { } i q�1 Y •1''tt f.4 �� • d9y7t 4 r 4 ? E ��q ! 4 1 !y Y^ x.d ra ai SSRt#rJt�� Ai. a a C4* ku "N h:•s. � $ dFv xw;~ If .�'rf �"�5+vya y, . R¢ r to FIELD CHECK inspection date: 5/30/2001 CASE NUMBER: RE-3111 APPLICANT: Marvin E. & Karen J. Sterkel LEGAL DESCRIPTION: W2 S2 E2 NE4 Section 16, T4N, R68W of the 6th P.M., Weld County, CO LOCATION: South of Weld County Road 46 and west of Weld County Road 7 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: The properties in the E2 NE4 have homes with pastures for mostly horses and llamas. The road accessing the lot is in good shape but too narrow for two way traffic. The lots are all well maintained. Other properties in the area are large agricultural lots, mostly irrigated crops, with limited homes. /4fil.,47/.7 Sheri Lockman , Planner II I Illilie APPLICATION FLOW SHE : T COLORADO APPLICANT: Marvin E. & Karen J. Sterkel CASE #: RE-3111 REQUEST: Recorded Exemption LEGAL: W2 S2 E2 NE4 Section 16, T4N, R68W of the 6th P. M. , Weld County, CO LOCATION: South of Weld County Road 46 and west of Weld County Road 7 PARCEL ID #: 1061 16 000020 ACRES: 20 +/_ Date B Application Received May 17, 2001 LL Application Completed May 21 , 2001 SL i Referrals listed May 21 , 2001 SL Design Review Meeting (PUD) I File assembled 5 - 23 - a i 14- I Letter to applicant mailed 4/ Vicinity map prepared Referrals mailed 5 -23-o t " Chaindexed Field check by DPS staff Administrative Review decision: ' ate B County Commissioners Hearing Date (if applicable) I Surrounding property owners notified al Air photo and maps prepared j CC action: 1 ,_ Ai _ r / Da CC resolution received Recorded on maps and filed Overlay Districts Zoning Agricultural MUD Yes_ No x IGA Yes_ No_x I Airport Yes_ No x Geologic Yes No x_ Flood Hazard Yes No x Panel #080266 0725 C Road Impact Yes_ No x_ SW Weld 1 2 — 3 Windsor DEPARTMENT OF PLANNING SERVICES D�, • 1555 N. 17th Avenue, Greeley, Colorado 80631 „ Phone (970) 353-6100, Ext. 3540- Fax#(970) 304-6498 tf) 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: W y9, S j E W E .4p,G,/4• Y-4fTotal Acreage: 0 Zoning /9 Parcel Number J. i L IL I 0 IL_a.. ..1.jz (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 X No 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 A FEE OWNERS OF PROPERTY y�,, ` ,'�, 97U � tla Name: �e Q�5#, J. Phone# 53.2-33&7 Work Phone# .632-S 1/O l_3 Address: yQ() "tt,Id.Q e.zy City/State/Zip Code St140-/A CU 2O5)_3 Applicant or Authorized Agent: eS,Z4— , . .Jr LJ.-_ Phone# 'j 70 - . 5-2,-:C"--6.= 7 Address: . e r - A 9d C, City/State/Zip Code 5e 4:S„1/4./ Co -PO-) /3 Name: Home Phone# Work Phone# Address: City/State/Zip Code Larger Parcel Smaller Parcel Applicable only ller fcel3-lot Recorded Exemption Water Source �; p,Z _..f """L n, 4%6 o ( Type of Sewer v 14141 / �� Proposed Use ntr1 %L t � J Acreage l j Existing Dwellings Ye Il L)Yes or No // Existing Dwellings Address (if applicable): Larger Parcel - Smaller Parcel 2C)00 4 C.,AZ £ Smaller Parcel (applicable only for 3-lot Recorded Exemption) I hereby state that all statements, proposals, or plans submitted with i applic n ar ; rta correct to the best of my knowledge. /l tzcj ^/ °- v: 1-27-97 Sig ature: Ow S r or Authorized Agent 5 Recorded Exemption Questionnaire For the Marvin and Karen Sterkel Property 2900 Weld County Road 46 Berthoud, CO 80513 (970) 532-3367 1. Water Supply a. Domestic use. Lot A is served by Little Thompson Water District. (See letter attached.) Lot B will also be serviced by Little Thompson Water District. b. Irrigation Water—Home Supply Ditch Co. and the Sunny Side Lateral Ditch, under the name of Willow Creek Water Users Association. The five acres will have 5 units of water and the 15 acres will have 15 units of water. 2. Sewage Disposal Lot A has an existing septic system which is in compliance with the requirements of the agricultural zoning district and the Weld County Health Department. Attached is a copy of the Weld County Health Department septic permit. Lot B will have its own septic system and will be in compliance with the requirements of Weld County Health Department. 3. Existing Usage Lot A will be a five acre parcel and has an existing 3700 SF, all brick home with an attached garage, a large garage/work shop and shed and fenced animal pens. There is pasture grass planted on the remainder of the acreage. Lot B, to be approximately 15 acres is now in pasture grass which has been cut and sold in the past several years. Lot B will be sold for a residential home with 15 acres. 4. Reason for Proposed Recorded Exemption To sell Lot A with Home and out building. Lot B will be sold as a 15 acre parcel. At the present time it is all pasture grass and has a fence around the property. It is to be sold for the purpose of building another home on a 15 acre parcel. 1 5. Description of New Lot This lot is south of the present home which has a road access easement from Weld County Road 46 through the entire parcel. (See drawing). The lot is now planted in pasture grass which can be irrigated with the 15 units of irrigation water that will be attached to this parcel. 6. Unique Physical Characteristics The property is located off the main road, is very quiet and has a beautiful view west of the Rocky Mountains. It is too small of a parcel to be used as prime agricultural land but is ideal for a home with acreage. 7. Setback and Offset Requirements The existing property has met all requirements for the zone district and the applicant will see to it that the new residence and outbuilding on Lot B meet minimum setback and offset requirements of Weld County. 8. Conservation Easement The applicant is willing to place a conservation easement on the property of Lot B to maintain the necessary requirements. 9. Building Envelope Due to the small size of Lot A and Lot B, no building envelope will be designated on either of the lots. 10. Weld County Comprehensive Plan The proposal is consistent with the Weld County Comprehensive Plan because it is in an existing development. Only one additional residential property would be developed. It does not necessitate substantial additional public facilities and services aside from those needed for one residence. 11. Proposed Uses Compatible The existing home has 20 acres, which is to be sold with 5 acres. The 80 acre Farm was divided in 1968 and now has 8 existing homes. The proposed 15 acre split off is an ideal piece of property to build another home with acreage. 2 3 12. Consistant with Intent of Agricultural District as expressed in Weld County's Zoning Ordinance and Weld county Comprehensive Plan There are numerous existing residents surrounding this property at the present time which all meet the requirements of Weld County's Zoning Ordinance. The proposed Lot B will follow the same requirements of the zone. 13. See all of the above. 3 STANLEY T. MATSUNAKA, P.C. A PROFESSIONAL CORPORATION ATTORNEY AND COUNSELOR AT LAW 2881 NORTH MONROE AVE.,SUITE 2 LOVELAND,COLORADO 80538 TELEPHONE (970)663-0896FACSIMILE (970)667-7524 Stanley T. Matsunaka Mailing Address: stansenate( aol.com P.O. Box 675 Loveland, CO 80539 July 26, 2001 Weld County Planning Dept, Ms. Sheri Lockman, Planner II Department of Planning Strvices JUL ? 7 ?I' 1555 N. 17" Avenue Greeley, CO 80631 RECEIVED C C C I tl V/ E Re: Recorded Exemption (RE-3111) - Sterkel, et al. G G Dear Ms. Lockman: Enclosed please find the proposed amendment to the agreement regarding the above- mentioned Recorded Exemption for your review. Should you have any changes or additions to this document would you please contact me so that the same can be made. If this document meets with your approval please advise my office and we will send the document to be executed. Thank you for your assistance in this matter. Sincerely, Stanley T. Matsunaka STM/lc Enc. cc: Karen Sterkel AMENDMENT TO AGREEMENT FOR DRIVEWAY EASEMENT On October 9, 1980, the undersigned, William J. Franek, Jeanette B. Franek Lyle D. Ratashak, Ella E. Ratashak, James H. Parks, Helen M. Parks, Marvin E. Sterkel, and Karen J. Sterkel entered into an agreement for a driveway easement. This agreement was recorded on October 10, 1980, at Reception No. 1838569 with the Weld County Clerk and Recorder. 1. The Radashaks own the North 1/2 of the Northeast 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 16, Township 4 North, Range 68 West of the 6th P.M. 2. Michey Y. McKibbin has succeeded to the interest of James H. Parks and Helen M. Parks and is the owner of the Southwest)/4 of the Northeast 1/4 of the Northeast 1/4 of Section 16, Township 4 North, Range 68 West of the 6th P.M. 3. Karen J. Sterkel and Marvin E. Sterkel own the West 1/2 of the South 1/2 of the East 1/2 of the Northeast 1/4 of Section 16, Township 4 North, Range 68 West of the 6i° P.M. 4. The Sterkels are splitting their property into two parcels, one consisting of five acres which currently has a residence upon it, and there will be another 15 acre parcel. 5. The parties agree that the easements that were reserved for driveway purposes shall remain in full force and effect and that the split of property by the Sterkels will not substantially increase in the type or quantity of vehicles allowed under the original easement agreement and the parties hereby consent and agree that the two parcels owned by Sterkels will be subject to the easement agreements as well as to the maintenance requirements and allocational costs. 6. The parties agree that this amendment to agreement will run with the land and shall be binding on and shall inure to the benefits of all parties hereto, their successors and assigns. DATED this day of July, 2001. WILLIAM J. FRANEK JEANETTE B. FRANEK LYLE D. RATASHAK ELLA E. RATASHAK MARVIN E. STERKEL KAREN J. STERKEL MICHEY Y. MCKIBBIN a:\realest.amendsterke l - 00014 0. No 917 40 OCTSO191 RecuJvJ at ---,D---ddock ry 1838569 a- ,, Ho.N ,d I AGREEMENT FOR DRIVE AY EASEMENT Store of Colorado, weld County Clerk Recorder I _ .. ` 3-i a WHEREAS, upon the conveyance of the Northwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 16, Township 4 North, ., . • Range 68 West of the 6th P.M. to WILLIAM J. FRANEK and JEANETTE B. - _ . • ... FRANEK (Franeks) by LEONE M. FINNEL, JAMES H. TULL, ANN FINNELL• - ° BATES, JAMES E. BATES and ANN FINNELL BATES a thirty (30) foot ci °`. o right of way along the easterly boundary was reserved by the four - 0 . o grantors for road purposes; 0 WHEREAS, upon the conveyance of the North 1/2 of the ,�•-� a Northeast 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section ------ a 16, Township 4 North, Range 68 West of the 6th P.M. to LYLE D. ' RATASHAK and ELLA E. RATASHAK (Ratashaks) by LEONE M. FINNEL, - i�JAMES H. TULL, ANN FINNELL BATES, JAMES E. DATES and ANN FINNELL e'. •' : • .,.� '.RATES a five (5) foot easement on all property lines for irrigation ditches and a thirty (30) foot easement along the westerly boundary - _ for road purposes were reserved by the grantors; WHEREAS, upon the conveyance of the Southwest Quarter of the Northeast Quarter of the Northeast Quarter of Section 16, ' Township 4 North, Range 68 West of the 6th P.M. by Voleskys' to - • JAMES H. PARKS and HELEN M. PARKS (Parks), said property was taken subject to a thirty (30) foot easement for road purposes along its = entire easterly boundary as recorded at reception number 1537717 - .-' - on October 6, 1969; WHEREAS, upon the conveyance of the West 1/2 of the South 1/2 of the East 1/2 of the Northeast 1/4, Section 16, Town- - -, -- !‘ ° ship 4 North, Range 68 West of the 6th P.M. to MARVIN E. STERKEL and KAREN J. STERKEL (Sterkels) by LEONE M. FINNELL, ANN FINNELL BATES, JAMES E. BATES and JAMES H. TULL; _ ^? _ NOW THEREFOR, it is agreed by and among Francks, --- . ---- • \ Ratashaks, Parks and Sterkels that, in consideration of the mutual benefits received by each party they hereby give, grant and convey - - ° ,mutual easements to each other for driveway purposes. • . • frii 1838569. Said easements are to be located as they were reserved in the original conveyances namely: ` 1. East 30 feet of the Northwest 1/4 of the Northeast - .; 1/4 of the Northeast 1/4 of Section 16, Township 4 North, Range 68 , West of the 6th P.H. 2. West 30 feet of the North 1/2 of the Northeast 1/4 '• ' of the Northeast 1/4 of the Northeast 1/4 of Section 16, Township - 4 North, Range 68 West of the 6th P.M. 3. East 30 feet of the Southwest Quarter of the North— _- , -- east Quarter of the Northeast Quarter of Section 16, Township 4 - - �._ North, Range 68 West of the 6th P.M. . SECTION II "DRIVEWAY PURPOSES" DEFINED "Driveway purposes" as used in this agreement means for • llresidential driveway and agricultural production and it is agreed - that no substantial increase in the type or quantity of vehicles shall be allowed. • SECTION III CONSTRUCTION AND MAINTENANCE The driveway described above shall be constructed and • .er-_ maintained in good repair by Parks and Sterkels at their sole cost __._• m aut. expense for ten (10) years from the date of execution. The — - . ' driveway shall be maintained in at least as good condition as it _ presently exists. Maintenance costs shall be allocated two-thirds (2/3) to Sterkels and one-third (1/3) to Parks, in a total annual - - amount not to exceed $300.00, except by mutual agreement. SECTION IV EASTHYNT TO RUN WITH LAND " This grant of easement shall run with the land and shall ^LL_ ' be binding on and shall inure to the benefit of the parties hereto, - their heirs, successors, or assigns. ---"- z - SECTION V -- DELIVERY BY MAIL Delivery of a copy of this agreement or any notice provided for herein shall be deemed complete if and when deposited - • 2_ I soot 91'7 1838569 3-J _. . . . in the United States mails, postage prepaidand addressed to owners at their above mentioned address, or when delivered personally to owners. •AL1 questions arising as to the interpretations of this • agreement shall be submitted and determined by a mutually agreeable • appointee of the parties hereto, who shall. be appointed within _ - seven (7) days from the time all parties are notified of a problem. The decision of the appointee shall become final and binding on the --"--- -r •- ' parties. Payment for any damages when so determined shall be made within seven (7) days. - � . IN WITNESS WHEREOF, this Agreement and Easement has - - been executed this 9th day of October , 1980. .,' -- V/1 c i am J. r e Jf nette B. Franek , . • �- •• / y e , Rates a c Gila E. Ratas a _ ter, mp,,s, QPaHcs A-• e H. / .dames kt. Pat`I(s Helen M. Parks 7 `- Marvin E. Sterkel Karen J. terkelL� i_,44, STATE OF COLORADO ) - _ ':- COUNTY OF LARIMER ) -" The foregoing Agreement for Driveway Easement was subscribed, sworn -- -� - to and acknowledged before re by WILLIAM J. FRANEK, JEANETTE D. FRANEK, LYLE D. . ..,� RATASHAK, ELLA E. RATASHAK, JAMES H. PARKS, HELEN M. PARKS, MARVIN E. STERKEL and KAREN J. STERKEL this 9th day of October, 1980. WITNESS my hand and official seal. r. My Commission expires: January 7, 1984. S :��pTAR i • .♦ p tr ;c ; Not no, lie O- J:roll.0.1 • .�, f'f2J o'»uao3 . Road File# . RE: Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: - '' 1111 H Street,P.O.Box 758, Greeley, CO 80632 Phone: (970)356-4000,Ext.3750 Fax: (970)304-6497 r 1. Applicant Name f(i)12'/ t,(. ,S 4-t 2i. ,- ! t ,, : l Phone '/7? t ' • -1'--k-- J ;" . - k... 4{;..,. tr'ci aLL City f•':; `'V, E` t_ State 2, Zip s' .-, 2. Address or location of access A/0 t' ,:_.l ',Li -+L4..,✓ ..) -.i __.:11:r. • t'�f . `--`&' 7-•.,/,i. 4-`., j 4k;f 1e41 - Section / .. Township ki1 e 'f Range i4:fr ,.:,e.,r-,- "- : 47)f. f<n;y Subdivision Block Lot Weld County Road # 4/... Side of Road_ o. _ Distance from nearest intersection 11 "A ' "- '<' 3. • Is there an existing access to the property? Yes_L _ No #of accesses 4. Proposed Use: ❑ Permanent fl Residential/Agricultural 0 Industrial 0 Temporary 0 Subdivision 0 Commercial 0 Other 5. Site Sketch Legend for Access Description: L..... , sz • 61 AG = Agricultural RES = Residential '� - , 'ii G O&G= Oil&Gas D.R. = Ditch Road - — G 7 . 7 *********************************************************************************************************** OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date • Drainage Requirement Culvert Size Length Special Conditions • *********************************************************************************************************** 0 Installation authorized 0 Information Insufficient Reviewed By: Title: 7 March 18, 2002 Weld County Planning ft : , ;men GREELEY 0 M,E Karen J. Sterkel MAR 2 2002 2900 Weld County Rd. 46 Berthoud, CO 80513 REC E 012 Weld County Public Works Department 111 HStreet, P. O. Box 758 Greeley, CO 80632 To: Sheri Lochman I am enclosing the Covenants for Section 16(# 'A NE 'A)Road Association because Marvin and I thought they were very through and well written. I would like you to read them. Anyone not wishing to join had that option. However, if they would like to use the road, they could join at a later date. Our neighbors decided that they did not want any Covenants and would not sign the agreement and said they would not sign any agreement This agreement would not affect them as they said they really did not want to use the road anyway. However the Moore's roping friends do use the road for roping events when they invite them to rope or "tie"steers. I do not know if they charge a fee but that is possible. The Moore's, however are not on the existing Driveway Agreement that we have but do use the road. I felt they should be a part of the Agreement but they said they would not I do not understand why they would not sign this agreement I understand Carol Ellis went to the neighbors asking them not to sign as they did not want to sign. You didn't like the existing Driveway Access Agreement because it was worded(poorly, I must admit) "no substantial increase in vehicles": I don't consider one additional residential home enough to be considered a "substantial increase"in traffic. There are many days that I don't leave my home or only go up and down the road a total of two times. Neighbors have the right to prevent us from making the most of what we considered our "retirement"investment, which is very sad and almost unfair. Gene and Carol Ellis, who have Rodeo events with as many as 30-40 or more vehicles and horse trailers and charge for events, have applied for a Recorded Exemption as they plan on selling 4 '2 acres of their property but are keeping us from splitting our property. They also mentioned at one time that they might like to give the buyer the option of using our road. Needless to say, I am very upset with our neighbors. It cost me approximately $2,000.00 in lawyer fees. Tee I am writing to ask you to withdraw our application and would deeply appreciate if you would send a refund on our deposit of$1,000.00. We have spent about $1,500.00 including Title work, Water, etc. Thank you for your consideration in refunding the deposit Sincerely, Karen J. Sterkel COVENANTS FOR SECTION 16 (E 'A NE1/4) ROAD ASSOCIATION WHEREAS, the undersigned are the owners of real property located in the County of Weld, State of Colorado, more particularly described on Exhibit "A" attached hereto and incorporated herein by reference and hereinafter referred to as "the Property;" and each separate property shall be designated a"Lot" for the purposes of these Covenants, and WHEREAS, the undersigned desire to provide for the creation of and maintenance of a private road; and WHEREAS, the undersigned deems it desirable for the efficient preservation of the values and amenities of said Property to create an agency to which should be delegated and assigned the powers and duties of maintaining and administering the road and collecting and disbursing the assessments and charges hereinafter created; NOW, THEREFORE, the undersigned do hereby publish and declare that in addition to the ordinances of the County of Weld, State of Colorado, the following terms, covenants, conditions, easements, restrictions, reservations, limitations, uses, locations, and obligations shall be deemed to run with the land and shall be a burden and benefit to the undersigned, their successors and assigns, and any persons or entity acquiring or owing an interest, in the real property and improvement, their grantees, and their heirs, executors, administrators, devisees, successors or assigns. 1. Building Location and Easements No building or other structure shall be located so as to interfere with any easement. There shall be right-of-way easements thirty feet (30') in each direction from the center line of the road presently existing or subsequently constructed on the Property [a total of sixty (60) feet]. The center line of the road shall extend from the northerly line of Section 16 southerly along the north- south centerline of the East '/2 of the Northeast Quarter of Section 16, Township 4 North, Range 68 West of the 6th P.M. in Weld County, Colorado, to the southerly line of said Northeast Quarter. 2. Roads The road within the Property shall be considered as a private road for the private use of members of the Association and their lessees, sublessees, employees, agents, customers, licensees and invitees. The ownership of said road shall be in the respective Owners, and the maintenance of said road shall be the responsibility of said Owners through the unincorporated Association provided for herein. The road easement is a nonexclusive easement for ingress and egress for vehicles, pedestrians and animals, and including right to use the entrances, exits and road over and across the Lots in the Property for the Owners and their successors, assigns, lessees, sublessees, employees, agents, customers, licensees and invitees for ingress and egress to and from the Lots in the Property; however no Owner nor any Owner's successors, assigns, lessees, sublessees, employees, agents, customers, licensees and invitees may use the road easement unless such Owner has agreed to join the unincorporated Association and to pay the assessments of the Association. The depiction on the attached plat map shows the location of the road. The road easement is for the benefit of all of the Lots in the Property; however no Owner nor any Owner's successors, assigns, lessees, sublessees, employees, agents, customers, licensees and invitees may use the road easement unless such Owner has agreed to join the unincorporated Association and to pay the 1 assessments of the Association. Nothing herein shall be construed to allow parking by an Owner or by an Owner's successors, assigns, lessees, sublessees, employees, agents, customers, licensees and invitees on the road easement. Each of the Owners shall cooperate with the other Owners in connection with parking and road usage. The easement shall also have the right for use by utilities; and all underground and overhead utilities shall be located so that such utilities will not materially interfere with the traveled portion of the road within the road easement area. The utility easement rights shall benefit all of the lots, tracts, or parcels of the Property. The Association may straighten or improve the private irrigation ditch that runs generally north to south within the road easement in order to eliminate any conflict with the traveled portion of the road or with any utility. The owner(s) of such private irrigation ditch may use the road easement for access to such ditch for maintenance and repair of such ditch. 3. Association The Owner of Lot 106116000020 [Sterkel] shall be the initial Owner in the Association. All Owners of each Lot in the Property shall be members of the unincorporated "Section 16 (E1/2 NE1/4) Road Association" upon the written agreement of such Owner to become a member of the Association and to pay the assessments of the Association. If such Owner signs these Covenants, such signature shall bind the property of such Owner to these Covenants, however such Owner shall not be required to pay assessments of the Association until such owner signs such written agreement stating that such Owner agrees to be a member of the Association and to pay the assessments of the Association. Every member of the Association shall be entitled to one (1) vote for each Lot owned. (There shall be one vote for each of the total possible seven (7) Lots in the Property described on Exhibit "A".) When more than one (1) person or entity holds a beneficial interest in a Lot in the Property as a joint tenant or tenant in common, all such persons shall be members of the Association but shall be considered one (1) owner for the purpose of determining and assessing each Owner's proportionate share of the common expense; and the vote attributable to such Lot in the Property shall be cast as such persons among themselves determine; and one or more divisions of the total votes in the Association attributable to such Lot in the Property shall be increased and permitted upon division of a current Lot in the Property. One or more current Lots in the Property may be resubdivided without agreement by of the Owners of the Property described on Exhibit "A." The Association may enact rules, bylaws or may incorporate as a majority of the Owners may decide. Except as otherwise specifically provided herein, all decisions of the Association shall be by majority vote. 4. Assessments A. Common Expenses. As used herein, "Common Expenses" shall mean and refer to the cost of repair, maintenance and renovation of the road; management and administration costs; legal and accounting fees; expenses and liabilities incurred by the Association pursuant to or by reason of these Covenants and creation of a reasonable reserve fund. B. Personal Obligation of Owners for Assessments. The undersigned Owners who elect to become members of the Association hereby covenant, and each Owner of a Lot in the Property by acceptance of a deed therefor whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay all assessments imposed by the Association to meet the estimated Common Expenses. Assessments for the estimated Common Expenses shall be due yearly or at such other intervals as may be set by the Association from time to time. The Owner of Lot 106116000020 [Sterkel] (or the most southerly portion thereof if such Lot is subdivided), on behalf of the Association, shall prepare for each member a statement for the yearly assessment as determined under these Covenants. 2 C. Amount of Assessments. The amount of the Assessment for the Common Expenses which shall be paid by each Owner shall be determined by dividing the aggregate sum the Association determines to be paid by all Owners (the total number of Owners that have agreed to pay assessments) among the Owners whose Lots are subject to assessment on the following formula: The lineal front footage of a Lot that is subject to assessment shall be divided by the total lineal front footage of each Lot that is subject to assessment, and such percentage shall be multiplied by the total aggregate sum the Association determined to be paid by all Owners. Each owner shall pay such Owner's proportionate share of such aggregate sum. D. Effect of Non-Payment of Assessments, Remedies of the Association. It shall be the duty of each Owner to pay each Owner's proportionate share of all Assessments made pursuant to this Declaration. Payment thereof shall be in such amounts and at such times as may be determined by the Association. If any Owner shall fail or refuse to make any such payments when due, the amount thereof shall constitute a lien on that Owner's Lot in the Property and upon the recording of notice thereof by the Association, such lien shall be constituted upon such Owner's interest in said Lot in the Property, prior to all other liens and encumbrances, recorded or unrecorded, except (a) taxes, special assessments, and special taxes theretofore or thereafter levied by any political subdivision or municipal corporation of this State, and other State or Federal taxes which, by law, are a lien on the interest of such Owner prior to the pre-existing recorded encumbrances thereon and (b) all sums unpaid on a mortgage or deed of trust of record, representing a first lien against a Lot in the Property, including all unpaid obligatory sums as may be provided by such encumbrance and including additional advances made thereon prior to the arising of this lien. E. Evidence of Lien. To evidence such lien for unpaid assessments, the Association shall prepare a written notice setting forth the amount; the name of the Owner of the Lot in Property; and a description of the Lot in the Property. Such notice shall be signed on behalf of the Association and shall be recorded in the County Records of Weld County, Colorado. Such lien shall attach from the date of recording and may be enforced by foreclosure by the Association in like manner as mortgages on real property. The lien provided herein shall be in favor of the Association and for the benefit of all members of the Association. In any such foreclosure, the Owner shall be required to pay all costs and expenses of such proceedings, the costs, expenses, and attorney's fees for filing the notice of claim of lien, and all reasonable attorney's fees incurred in connection with such foreclosure. The Owner shall also be required to pay to the Association any assessments due and owing during the period of foreclosure, and the Association shall be entitled to the appointment of a receiver to collect the same. The Association shall have the power to bid on the Lot in the Property at the foreclosure sale and to acquire, hold, lease, mortgage, and convey the same. Any encumbrancer holding a lien on a Lot in the Property may, but shall not be required to, pay any unpaid assessments due and owing with respect thereto; and upon such payment, such encumbrancer shall have a lien on such Lot in the Property, for the amount paid of the same rank as the lien of its encumbrance. F. Personal Obligation to Pay Assessments, Assessments made by the Association against each Owner shall be the personal and individual debt of the Owner at the time the assessment is made. Suit to recover a money judgment for unpaid assessments shall be maintainable without foreclosing or waiving the lien securing the same. No Owner may exempt such Owner from payment of assessments by a waiver of the use and enjoyment of the Road or by abandonment of such Owner's Lot in the Property. G. Liability of Grantee. The Grantee of title to a Lot in the Property shall be jointly and severally liable with the Grantor for all unpaid assessments against the Lot in the Property assessed due prior to the time of the grant or conveyance without prejudice to the Grantee's right to recover from the Grantor the amounts paid by the Grantee, provided, however, that upon written request, 3 any such prospective Grantee shall be entitled to a statement from the Association setting forth the amount of the unpaid assessments, if any, with respect to the subject property; the amount of the current assessment; the period covered by the current assessment; the date the current assessment comes due; and the amount of any credit for advance payment or for prepaid items. Said statement shall be conclusive upon the Association. Unless such request for a statement of indebtedness shall be complied with by the Association within ten (10) days of such request, then such Grantee shall not be liable for, nor shall the Lot in the Property be conveyed subject to a lien for any unpaid assessments against the subject property. 5. Enforcement Enforcement of these covenants shall be by any of the Owners by appropriate proceedings at law or in equity against those persons violating or attempting to violate any covenant or covenants. Such judicial proceedings shall be for the purpose of removing a violation, restraining a future violation, for recovery of damages for any violation, for recovery of assessments due, or for such other and further relief as may be available. The failure to enforce or to cause the abatement of any violation of these covenants shall not preclude or prevent the enforcement thereof in the event of a further or continued violation of these covenants whether said violation shall be of the same or a different provision within these covenants. 6. Subdivision of Platting of Property and Dedication Each Owner of a Lot in the Property shall cooperate with the other Owners and their successors and assigns and any governing authority in connection with the future subdivision, platting or replatting of any Lot in the Property in accordance with applicable law. The costs of such subdivision, platting or replatting shall be at such Owner's expense. Upon request of any governmental body and the approval of the Owners of 2/3 of the lots subject to these Covenants that are current in the payment of all amounts due under the terms of these Covenants, the road easement shall be dedicated to the public as a public road. Such dedication to the public shall not require the governmental entity to assume the obligation of maintenance, repair and replacement of the road; and if such dedication does not provide for such government to so assume such obligation, then the Association shall continue in force for the purpose of maintenance, repair and replacement of the road. Any such dedication shall be subject to all existing utility, irrigation or other easements used or that may be used in the road easement. 7. Miscellaneous 7.01 Run with the Land. These Covenants and its restrictions, covenants, obligations, easements and agreements shall be appurtenant to and shall run with each of the Lots and shall apply to and bind the heirs, personal representatives, transferees, mortgagees, lessees, sublessees, assigns and successors in interest of the parties hereto. 7.02 Joint Ownership. All references herein to a party in the singular will refer to the plural during any period in which any Lot is owned by more than one person, corporation or entity. If a Lot is owned by more than one person, corporation or entity, all of the rights of the parties set forth herein shall be held jointly by all of the owners of the Lot and all of the agreements, covenants, restrictions, obligations, warranties, representations and indemnities of a party herein shall apply to and bind all multiple owners of the Lot jointly and severally. Any party benefiting from any of the agreements, covenants, restrictions, obligations, warranties, representations, indemnities, easements or other terms of these Covenants shall be entitled to enforce the obligations of the parties 4 hereunder against any of the owners the Lot individually without prior demand, claim or suit upon any other owner the Lot. 7.03 Term of Agreement. Each agreement, covenant, restriction, obligation, warranty, representation, indemnity, easement or other term of these Covenants shall be perpetual. 7.04 Headings. The Section headings in these Covenants are for convenience only, shall in no way define or limit the scope or content of these Covenants and shall not be considered in any construction or interpretation of these Covenants or any part thereof. 7.05 Severability. All provisions of these Covenants shall be construed in the fashion that will effectuate the intent of the parties and so that each provision is lawful and effective. If any clause, sentence or other portion of these Covenants shall become illegal, null or void for any reason, or shall be held by any court of competent jurisdiction to be so, the remaining portions thereof shall remain in full force and effect. 7.06 Subsequent Conveyances. All conveyances of all or any portion of each Lot subsequent to the date hereof shall recite that the property and title are subject and subordinate to the terms and provisions hereof. 7.07 Force Majeure. Time is of the essence hereof, provided, however, a Lot Owner shall be excused for failure to commence and complete the construction work required to be performed hereunder if such failure is unavoidably caused by: Act of God or the elements; war, war defense conditions or the act of the public enemy; strikes or walkouts (but not lockouts initiated by such Lot Owner or its contractors, subcontractors or agents); the unavailability of labor and materials (if not due to the lack of funds to purchase such labor or materials); or other causes (other than financial) beyond the Lot Owner's reasonable control. Each Lot Owner shall use reasonable diligence to avoid any such delay and to resume construction as promptly as possible after any such delay. 7.08 Governing Law. These Covenants shall be construed in accordance with the laws of the State of Colorado. 7.09 Notices. MI notices, requests, demands and other communications hereunder shall be in writing and shall be deemed to have been duly given if mailed by registered or certified mail with postage prepaid addressed to the address for the Lot Owner shown on the records of the Weld County, Colorado Assessor. Notice given to the last known owner of the Lot at the address given in any such notice shall be binding on any successor owner as though given to it. 7.10 Alteration of Covenants Provisions for maintenance of the roads shall not be permitted to lapse. These Covenants may be altered in whole or in part at any time the then record Owners of two-thirds (2/3) of the Lots in the Property elect, through a duly written and recorded instrument. 7.11 Effect on Existing "Agreement For Driveway Easement" These Covenants supplement and amend the Agreement For Driveway Easement dated October 9, 1980, recorded October 10, 1980, at Reception Number 1838569 of the Weld County, Colorado, Records [the "1980 Agreement"]. Nothing in these Covenants affects the title to the property or the road easement across the property owned by [Lim] [formerly owned by James H. 5 Parks and Helen M. Parks as recited in the 1980 Agreement] legally described as the Southwest Quarter of the Northeast Quarter of the Northeast Quarter of Section 16, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado [the "Lim Property"]; and the provisions of the 1980 Agreement shall remain in full force and effect as to the Lim Property. The Lim Property may become subject to these Covenants by recording of a written adoption of these Covenants by the then owner(s) of the Lim Property with the Weld County Clerk and Recorder that so states; and upon such recording the Lim Property shall become subject to these Covenants and shall be a member of the Association. IN WITNESS WHEREOF, we have hereunto set our hand and seal this day of , 2002. LOT 106116000020 OWNERS MARVIN E. STERKEL and KAREN J. STERKEL ® Member of the Association [1650 Lineal Front Footage] LOT 106116000019 OWNERS MICHAEL E. HILL and ANN D. HILL AND • O Member of the Association (to be checked by Owner ifjoining Association) [330 Lineal Front Footage] LOT 106116000018 OWNERS STEPHEN E. LYONS and LYNNE M. LYONS ❑ Member of the Association (to be checked by Owner ifjoining Association) [330 Lineal Front Footage] LOT 106116000032 OWNERS GENE P. ELLIS and CAROL L. ELLIS ❑ Member of the Association (to be checked by Owner ifjoining Association) [990 Lineal Front Footage] LOT 106116000016 OWNERS GARY TYLER MOORE and RONDA L. MOORE ❑ Member of the Association (to be checked by Owner ifjoining Association) [660 Lineal Front Footage] 6 LOT 106116000015 OWNERS LYLE D. RATASHAK and ELLA E. RATASHAK TRUST ❑ Member of the Association (to be checked by Owner ifjoining Association) [330 Lineal Front Footage] LOT 106116000022 OWNERS JEANETTE B. FRANEK ❑ Member of the Association (to be checked by Owner ifjoining Association) [330 Lineal Front Footage] STATE OF COLORADO ss. COUNTY OF LARIMER The foregoing Covenants were sworn to and acknowledged before me by MARVIN E. STERKEL and KAREN J. STERKEL, Lot 106116000020 Owners, on this day of , 2002. Notary Public My commission expires: STATE OF COLORADO ss. COUNTY OF LARIMER The foregoing Protective Covenants were sworn to and acknowledged before me by Michael E. Hill and Ann D. Hill, 1/2 Lot 106116000019 Owners, on this day of 2002. Notary Public My commission expires: STATE OF COLORADO ss. COUNTY OF LARIMER The foregoing Protective Covenants were sworn to and acknowledged before me by , Lot 106116000019 1/2 Owner, on this day of , 2002. Notary Public My commission expires: 7 STATE OF COLORADO ss. COUNTY OF LARIMER The foregoing Covenants were sworn to and acknowledged before me by STEPHEN E. LYONS and LYNNE M. LYONS, Lot 106116000018 Owners, on this day of , 2002. Notary Public My commission expires: STATE OF COLORADO ss. COUNTY OF LARIMER The foregoing Covenants were sworn to and acknowledged before me by GENE P. ELLIS and CAROL L. ELLIS, Lot 106116000032 Owners, on this day of , 2002. Notary Public My commission expires: STATE OF COLORADO ss. COUNTY OF LARIMER The foregoing Covenants were sworn to and acknowledged before me by GARY TYLER MOORE and RONDA L. MOORE, Lot 106116000016 Owners, on this day of , 2002. Notary Public My commission expires: STATE OF COLORADO ss. COUNTY OF LARIMER The foregoing Covenants were sworn to and acknowledged before me by LYLE D. RATASHAK and ELLA E. RATASHAK, TRUSTEES OF THE LYLE D. RATASHAK AND ELLA E. RATASHAK TRUST, Lot 106116000015 Owners, on this day of , 2002. • Notary Public My commission expires: STATE OF COLORADO ss. COUNTY OF LARIMER The foregoing Covenants were sworn to and acknowledged before me by JEANNETTE B. FRANEK, Lot 106116000022 Owners, on this day of , 2002. 8 Notary Public My commission expires: \\Pavilionlc\WP SRW\OFFICE\-Steckel Karen\Road Maintenance Covenants-Version 4.doc 9 EXHIBIT A To Covenants for Section 16 (E1/2 NE1/4) Road Association Lot 106116000020--STERKEL West Y of the SE 1/4 of the NE Y of Section 16, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado. Assessor's Parcel Number 106116000020, a/k/a 2900 Weld County Road 46, Berthoud, Colorado 80513. Lot 106116000019—HILL & South '/2 of the SE '/ of the SE '/ of the NE '/4 of Section 16, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado. Assessor's Parcel Number 106116000019, a/k/a 21533 Weld County Road 7, Berthoud, Colorado 80513. Lot 106116000018—LYONS North 'h of the SE '/4 of the SE '/ of the NE '/4 of Section 16, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado. Assessor's Parcel Number 106116000018, a/k/a 21565 Weld County Road 7, Berthoud, Colorado 80513. Lot 106116000032-ELLIS NE '/4 of the SE Y of the NE '/4 and the S '/ of the SE '/4 of the NE '/4 of Section 16, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado, except Assessor's Parcel 106116000031. Assessor's Parcel Number 106116000032, a/k/a 21733 Weld County Road 7, Berthoud, Colorado 80513. Lot 106116000016-MOORE S '/z of the NE '/4 of the NE '/4 of the NE '/4 and the N '/z of the SE Y of the NE Y of the NE '/4 of Section 16, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado. Assessor's Parcel Number 106116000016, a/k/a 21875 Weld County Road 7, Berthoud, Colorado 80513. Lot 106116000015—RATASHAK N '/Z of the NE '/4 of the NE '/4 of the NE % of Section 16, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado. Assessor's Parcel Number 106116000015, a/k/a 2870 Weld County Road 46, Berthoud, Colorado 80513. Lot 106116000022—FRANEK NW '/4 of the NE 14 of the NE '/4 of Section 16, Township 4 North, Range 68 West of the 6`h P.M., Weld County, Colorado. Assessor's Parcel Number 106116000022, a/k/a 2866 Weld County Road 46, Berthoud, Colorado 80513. 10 ?..tr. ` i3 - " a.,,'fx. 'N'4yYk y°`a '+a tt u� d, t np b c` a, L } •tbe, 2 r Y,, 'N. s ,- . G't�24�` s`s ` xs v .s.8- i i �yCx::R^ ,e` 3 hh r in:'.'2.'"C,..:.:, Platill tp attached to ( otcnanh Via'.rl fir" � ' `fi �>C Norlhc;lq ('oln 1 ul y., • .... 4 r+, s 4 l m ticctiun l( (I. " NE 1/4 ) r- ux,t 9A r 31 r y • ' r ' t L � S Veld Cou 'I '\ Rf tiV\ . ` �� _ Road .�ssuci.ttiun dcpictin2 the fir,. tx *'. ,t '-e „� � - a,Ls.� >^y ,.:V\�Id C ullnty t tilor ldn �3-a≥. :ivy rs 1 '. fd \'1 of Section Ili. "l'aN ti~ .rk3 ns..4 mVilfli;' ^" . ,' ' �,>� 5,� eqY w aet . RG8�',. weld ('uunh, ('alnrado p�*r �P. °_ 2 'a 1 North End of Road Easement ` 5� a ti ri. t ^ '- h t x,Pns t - .a-E tea. M 4w NUI.Iht\x�l 1 ryy,�, [ t. Y ct ,,IT--o,:,.`YY tit, k JC Y.l �� 4 . • •4 �4 i t' 'T't s ,. I of IIt1 es ..-'1'N.,-.4,,.._ c `� J t 'Y `A u#^+Y,!`,' a ' x 1 ,„cW''t i :... _ tt A "$N ,� ! ,Rrx Q ° K � .� - : , UI See ez 'fg., ..n, r i �. If,_ haNL 5'°3�b',q;„ `� x P �q '''''4:,,...,17;41,.:),. ..‘1/2'744L, '�sl t _ ;"74:4? Ior I� f 11 lullull� 0. -hd I nl I(IG I Ift1U(111'_(1 I t :'." 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I s{x?a,? > , �.r ,ad rK 1" t' tJv t .r Lot ur lfnuul Ill - f A q ... 4::-;4,•:,...',:...•--- fi n t < x -F,4 e,+fin k : ,rlY ("'{y A ''1� `s �kY• L 5-r Ze i4r'�z"t t is zy '+`',c :rl x nY G: aY ., �'S tot loot lr nfloo20-Sictkcl < s, 't ,.`�Ta �; " cf i"' • ,�"�yY ,, o k. 9e- J_�• r"‘"-:.-•:"-- A _.T4>y��, ":" z T 2 t.4,‘,1" F • 7 1," 4 � s. 1. 1� f � •Ir, 14 * 1 _�ti „ 't y� mx sTsg" ?••' mg4- ' 1' K's �r et,' io loom 1 Ih11 +v, _ j.j L .*^d , _7I _ 6. =iii .+ ° a R pa; T A ,^-.1., Southwest (or our of ;u" ' °-: ;v �, is tit,ulhc:ISi ( of nor of Ll'I.? 41 Nor hea.a of Section III. z ,: _ '� �nrlhraq f,l ti�'� ,`, 'T4N, RoS\\'. weld ('ounlc_ ,, rr i,st South End oh Road Easement :p «m In. 11\' I. S\\'. \\eld ,n 1 Colorado "`T£' Countv. Colorado j j. A f ..t r t lr1W ;Lx-1 FFF�� .'-'t +'� k; .. t4 , A. x r la`p r" y;1 y F 'q a r t F , t � µ Q. ;.;etL 9i �K F' '�' _ .. RR4J. aN Y. .; �Y t T- a'tel. .J n + 7 s J " 4 y. P"�S i r t 3'+l .r t ...µ,J za ii 12. try ti ', p t-�s. ' trRA �' Y k .ran d x s J"�k 4SCR'at*+" tH» < r y. ';*t i Vt a ' x - c."rtO f lu -,-,}).1-,:;••;f+ f% '1t tlu TN Z �r "J1 4 .4- q� I�yy er. T�§pr i', ._ Ivx. lm Q .4.-.W.v'� �o ''ts ,A,. -• '4-r^ ,,,,,, �w781 S •;. :-:),,m.:1‘,0‘..,;;;: t7±5 j t {`.. r fir ? 's 4; c. . ; ' Jt, kx' i . i Sac - ratt'i �I *41.,riP i, - t ri �✓f4 t4.-2 �. Z9y}�L'SY yR �a Art P l t+"n_ 'd " - I* _'"4i r k/fi r "S yxttx;•� q __._ ----i--.1 . - r -"- Y._ ._.. ' Y..4,N.. I{.ti.: #'t I.i"' =al.'r. `.y-pi `%u'...,L.' ..Lug ... [Millennium Pro6ressive Vantage Ltcl_] °— _ .REAL ESTATE - Think of the Possibilities y tin :4 ,� , ` dome on I`�lorih"J acres = "1/4 . F X :. villic i 10 • x ^� .0.7L" i:aaw14 x{ ,f `,s T `£fir 4 q w a y ., < ,?' LL�..Y Q Rn fi � � • ` � i�lY"X, �« ' µ 15 acres south of home _._ . ,..f'FF...f x,.�. ' = ` t� t i Ir I Iyf�..NL. le,a a.a.. .am.... ,. \ . Will you call now for a personal showing or more information 970-555-0925 • 3600 Sq Ft. ,4 Bedrooms • Shop with Storage • Sewing/hobby room • Must see Main Floor • Quality Ranch Home • Large kitchen with nook • Irrigation water • Loafing shed with Stalls • Family room with fireplace • Pasture Grp • Full finished basement • Will You Call We help buyers and sellers make their dreams come true and we can help you too Gregory K Crowell GRI Phone 303-775-8331 4 Michele Crowell GRI Phone 970535-0925 "" MIS ,; Fa�c 970-535-0926 '+i✓te P.O. mail:gregorycrowelleyahoo com *. 1. '.B�6o9 202 Mulligan Lake Drive Web: www.CrowellTeam.com , " Mead CO 80542 Air REFERRAL LIST NAME: Marvin E. and Karen J. Sterkel CASE NUMBER: RE-3111 REFERRALS SENT: May 21, 2001 REFERRALS TO BE RECEIVED BY: June 11, 2001 COUNTY TOWNS and CITIES Attorney Ault X Berthoud _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 _X Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey Division of Wildlife: LaSalle Loveland Lochbuie _X Greeley Longmont Division of Minerals/Geology Mead FIRE DISTRICTS Milliken Ault F-1 New Raymer _X Berthoud F-2 Northglenn Briggsdale F-24 Nunn Brighton F-3 Pierce Eaton F-4 Platteville Fort Lupton F-5 Severance Galeton F-6 Thornton Hudson F-7 Windsor Johnstown F-8 La Salle F-9 Mountain View F-10 COUNTIES Milliken F-11 Adams Nunn F-12 Boulder Pawnee F-22 _X_Larimer Platteville F-13 Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES Poudre Valley F-15 US Army Corps of Engineers Raymer F-2 USDA-APHIS Veterinary Service Southeast Weld F-16 Federal Aviation Administration 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-5J Greeley Ditch Company Longmont West Adams X Big Thompson Jun 20 01 O3: 39p Division of Wildlife 3O3-776-6663 p, 1 CWeld County Referral COLORADO May 21 , 2001 The Weld County Department of Planning Services has received the following item for review: Applicant Marvin E. and Karen J. Case Number RE-3111 Sterkel Please Reply By June 11, 2001 Planner Sheri Lockman Project Recorded Exemption Legal W2 S2 E2 NE4 Section 16, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado. Location South of Weld County Road 46 and West of Weld County Road 7. For a more precise location, see legal. Parcel Number 1061 16 000020 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. My response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. It you have any further questions regarding the application, please call the Planner associated with the request. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan Al We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: Signature �„�,y,^/ dro fl/tir0/ Agency Crud. /nit/. e.4.-.91-4.3.6.4"--2e- Date (r�X627) +Weld County Planning Dept. 4-1555 N. 17th Ave.Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax D -- C.p Weld County Referral COLORADO May 21 , 2001 The Weld County Department of Planning Services has received the following item for review: Applicant Marvin E. and Karen J. Case Number RE-3111 Sterkel Please Reply By June 11, 2001 Planner Sheri Lockman Project Recorded Exemption Legal W2 S2 E2 NE4 Section 16, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado. Location South of Weld County Road 46 and West of Weld County Road 7. For a more precise location, see legal. Parcel Number 1061 16 000020 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. ❑ 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: L\,b v`t 61a!i r \,►scat. £=rnsf\dt. Signature (p 11'jn Agency ?nn (MO s,ce. Date +Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax 06/11/2001 12: 59 1970587O41 JOHNSTOWN TOWN HALL PAGE 01 n rit-;... _ a14-01 "ilp. •kWeld County Referral COLORADO May 21 , 200s The Weld County Department of Planning Services has received the following item for review: Applicant Marvin E. and Karen J. Case Number RE-3111 Sterkel Please Reply By June 11, 2001 Planner - Sheri Lockman Project Recorded Exemption Legal W2 S2 E2 NE4 Section 16, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado. Location South of Weld County Road 46 and West of Weld County Road 7. For a more precise location, see legal. Parcel Number 1061 16 000020 The application is submitted to you for review and recommendation. Anycomments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so tt at we may give full consideration to your recommendation. Any response not received before or on this d2 to 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. 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. 0 See attached letter. Comments: Signature ��Qao� nryi., Le- I I-O I Agency ' ' . ,._ ‘4111.-"--, Date 4Weld County Planning Dept. 81555 17th Ave.Greasy,co.80631 4(970)353-8100 84.3540 +(970)304-6498 fax MAY-25-01 FRI 02 15 PM 3 FAX NO. 97O 4987711 P. 01 rit tt (11;iit; , LO Yet ti ¢e,, t LQ� • s WIC Weld Coun i ' ; .. 1- teal COLORADO May 21 , 2001 The Weld County Department of Planning Services has received the following item for review: Applicant Marvin E. and Karen J. Case Number RE-3111 i Sterkel i Please Reply By June 11, 2001 Planner Sheri Lockman € Project Recorded Exemption j Legal W2 S2 E2 NE4 Section 16, Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado, Location South of Weld County Road 46 and West of Weld County Road 7. For a more precise location, see legal. Parcel Number 1061 16 000020 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to(his 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. a We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ,: We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: Signature Agency _� rte, .6e--7 t",est-e- w`- 73517,zz*,. Date +Weld County Planning Dept. 1555 N. 17th Ave. Greeley,CO.80631 4(970)353-6100 ext.3540 +(970)304-6490 fax Memorandum kite/ TO: Sheri Lockman, W.C. Planning co, ' ofy DATE: June 11, 2001 Qom,/� FROM: Peden, EH Services / ��ei0 t. COLORADO F(e 2/ CASE: RE-3111 1/,, APPLICANT: Sterkel, Marvin & Karen 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 systems and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 2. Prior to the release of building permits on lots A and B, the lot owners shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sewer line. In accordance with the Weld County Code, if a sewer line exists within 400 feet of the property and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. M:\ENVIRONMENTAL HEALTH SERVICES\PLANNING\RE-3111.wpd a -- MAY 2 4 2001 WELWY ORKS DEPT C Weld County Referral COLORADO May 21 , 2001 The Weld County Department of Planning Services has received the following item for review: Applicant Marvin E. and Karen J. Case Number RE-3111 Sterkel Please Reply By June 11, 2001 Planner Sheri Lockman Project Recorded Exemption Legal W2 S2 E2 NE4 Section 16, Township 4 North, Range 68 West of the 6th P.M., I Weld County, Colorado. Location South of Weld County Road 46 and West of Weld County Road 7. For a more precise location, see legal. Parcel Number 1061 16 000020 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. U 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. See attached letter. Comments: Signature 'Sid 64„r a J Q 6 . - 4474:9 Agency Pc (j jc,—�r Date aLiTh+Weld County Planning Dept. *1555 N. 17th Ave.Greeley, CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax . riert MEMORANDUM ID TO: Sheri Lockman, Planner II DATE: June 27, 2001 FROM: Donald Carro , eeringC, SUBJECT: RE-3111 lMarvinnE. and Karen J. Sterkel Planning Dept. COLORADO �'' ` 8 i° RECEIVED The Weld County Public Works Department has reviewed this proposal. This project falls primarily under the Weld County Recorded Exemption Standards. Our comments and requirements are as follows: COMMENTS: WCR 46 is designated on the Transportation Plan Map 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. This 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 7 is designated on the Transportation Plan Map 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. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Code, Chapter 23,Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. REQUIREMENTS: The Weld County Public Works Department recommends approval of this application. The access shall be placed in such a location to have adequate sight distance in both directions and not below the crest of a hill or where physical obstructions are present. (Lot B-15 ac parcel) 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. (Lot B) In accordance with Section 24-7-50 J of the Weld County Code , Chapter 24, Article VII, the flag lot configuration will be avoided where possible. The minimum width of a flag lot is 30 feet. 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 utilize the existing residential access to this parcel, and no additional accesses shall be granted. (Lot A-5 ac parcel) 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-3111 plan29RE.wpd ' Road File# 4 G • RE: 3 0 I Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: ,-. - S,y— r-1 1111 H Street,P.O.Box 758, Greeley,CO 80632 Phone: (970)356-4000,Ext.3750 Fax: (970)304-6497 1. Applicant Name 12 e.t,ll -,......1 ' 1G''�_L> J ,,k dP .t kf Phope 1•?7() .63 2- 3'3*Yc 7 Address (='.:2 y[,b ;.,y 0Y,P 412,j. fecd 4-ti City fir h ley 6�(,r':� State�', '�1 Zip ,Fti .e.,-/' 'i 2. Address or location of access 410 £-,c_X 41-`_+ • ,:--y: ('" / ' `Y, 0 ((Leg / 4k 7 Section I(o Township •f-,1/(I I v age e 6 5' 6.,e,/-B k` 4. r � Lot n Subdivision Block Weld County Road # . Side of Road .'So. Distance from nearest intersection it to -- a n ,le 3. • Is there an existing access to the property? Yes ii No_ #of accesses • 4. Proposed Use: ❑ Permanent ) Residential/Agricultural O Industrial ❑ Temporary O Subdivision O Commercial O Other ►►***►*►►******►►►►►►►►►►*****************►******►***********►******************►**************►*******41** 5. Site Sketch 9 A Legend for Access Description: II- ,�� AG = Agricultural 1,4r6 , RES = Residential G O&G= Oil&Gas CG D.R. = Ditch Road - :rte Li - I, i (-6r7 F • ►►***►****►►►******►******►**********4******►**►**►***►*►►*►►►►*►***►►*********►*►******►*****►*►********** OFFICE USE ONLY: Road `+Y ADT I i 3 Date I$ may 9y Accidents Date Road 7 ADT /,%-I Date ,2.( w 4G, Accidents Date Drainage Requirement Culvert Size Length Special Conditions O Installation authorized O Information Insufficient Reviewed By: Title: 7 4j- t tC.p Weld County Referral COLORADO May 21 , 2001 The Weld County Department of Planning Services has received the following item for review: Applicant Marvin E. and Karen J. Case Number RE-3111 Sterkel - Please Reply By June 11, 2001 Planner Sheri Lockman Project Recorded Exemption Legal W2 S2 E2 NE4 Section 16, Township 4 North, Range 68 West of the.6th P.M., Weld County, Colorado. I Location South of Weld County Road 46 and West of Weld County Road 7. For a more precise location, see legal. Parcel Number 1061 16 000020 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. ❑ 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. S( Comments: Signature eva 6_— c-�/ �! f Date Agency /V�� . . 7"—"-k— +Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax BERTHOUD FIRE PROTECTION DISTRICT V / d►/ Box 570 • 275 Mountain Ave. • Berthoud, CO 80513 • (970) 532-2264 Weld County Planning Dept. June 5, 2001 'i) 7 2001 RECEIVED Ms. Sheri Lockman, Planner Weld County Planning Department 1555 N. 17th Ave. Greeley, CO 80631 RE: Case Number RE: 3111 Dear Ms. Lockman: The Berthoud Fire Protection District has completed its review of the above project. The District requires the installation of an approved fire hydrant within 1,000 feet of the residence. The required fire flow for the proposed dwelling must meet the fire flow requirements outlined in the Uniform Fire Code, Appendix III-A Fire Flow Requirements for Buildings. If a domestic water supply line is not capable of supporting a fire hydrant and the required fire flow, an alternative source of protection(automatic residential fire sprinkler system) will be required. In the event an automatic residential fire sprinkler system is installed, three sets of plans and hydraulic calculations are required for our review. The fee for the review is $250.00. If you have any questions, please direct them to me at your earliest convenience. Respectfully, e�//�� /LA Stephen Charles Fire Chief SC/kt CC Marvin&Karen Sterkel Veronica Coats AN EQUAL OPPORTUNITY EMPLOYER •fictWeld ..ounty Planning Dept. 2 9 2001 RECEIYAid County Referral COLORADO May 21 , 2001 The Weld County Department of Planning Services has received the following item for review: Applicant Marvin E. and Karen J. Case Number RE-3111 Sterkel Please Reply By June 11, 2001 - Planner Sheri Lockman Project Recorded Exemption Legal W2 S2 E2 NE4 Section 16, Township 4 North, Range 68 West of the 6th P.M., t Weld County, Colorado. Location South of Weld County Road 46 and West of Weld County Road 7. For a more precise location, see legal. Parcel Number 1061 16 000020 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. U 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. APSee attached letter. Comments: Signatur 4 4/79 Agency t01 12,P 1,1„dijal Date +W d County Plan ing Dept. •>1555 N. 17th Ave. Greeley,CO. 80631 9(970)353-6100 ext.3540 +(970)304-6498 fax M ^ o WELD COUNTY SCHOOL DISTRICT No. Re - 5J 3 NORTH JAY AVENUE JOHNSTOWN, CO 80534 C. , I'4 1�^ I DR. JACK PENDAR Weld County Planning Dept. {{{{{{yyya SUPERINTENDENT Phone(970)587-2336 •, 2 9 Mt Fax (970)587-2607 RECEIVED May 24, 2001 Weld County Planning Department 1555 N. 171h Avenue Greeley, CO 80631 Sheri Lockman: Thank you for referring case number RE-3111to the School district. As stated in previous letters the projected student impact upon the Johnstown-Milliken School district appears to be minimal as presented at this time. Currently our schools are above or nearing capacity, especially at the elementary levels. Our facilities plan indicates that we will have the need to build an additional elementary school with the next two years. As of this date the Towns of Johnstown, Milliken and Berthoud have formally passed a resolution and ordinance describing the land dedication or cash in lieu of land dedication for education. At present,the cash in lieu of land dedication fee is $750. This fee is paid at the time of the issuance of a building permit and is paid directly to the school district. As this exemption directly effects the school district adversely, I would request that the applicant voluntarily contribute the same fee as all other homebuilders in our communities have done since the inception of the local IGAs. Sincerely J k E. Pendar S perintendent :i Tblsprodgctb been developedsS forntenl?I poi byWeld County-Tnb GIS database and 1 V', ' data h theQrod 15 subject to constant change y and completelmes cannot be and not gaaranteed. The designation of It or part lard in the data base ypoo not imply that the loEor p reels were legally crated oral land comply weal app ..- Slate MM or Lop al law NO CIRCUMSSNCE SH LL IRE DUCT BE USED FOR FINAL l " DESIGN PUB _ S.WELD tY M COUNAl(ESNO- TIESORGU TBS _. t f Y t 1x > '� . ETHER EKPR OR IMPLIED AS TO THE COMPLE NESS ACCURACY,OR CORRECTN OF SUCH PRODUCT.NOR ACCEPTS A Y LIABILITY,ARISING FROM I� `xU'�.kk ✓i F ANY INCORR INCOMPLETE OR MISLEADING INFO ON CONTAINED THEREIN No p of the produkt may becopied, eproduc transmitted in any form or by any r iw means wh 5 including g but ttknitedt electron -at,pholocopytng recording r-. scanning, by y information reblevkl suwith out ale express mitten cemenla Weld County. �- -j� I § N I� CR46 I I 1 T RE-3111 r , ._ Hwv 5 BERT I .TOWN r1 I tea— v ..:' q�i� "" a rJ 1S I ,• " zi •- ' AI 4 SV 1!1 t I: r t o I { r, ��a ;,,-;;Ii p 1 rip~$ '',I :- r 4;j ^ -.4 ' t' e. n '1, I $a# � �T� �"'°',21, < 1 � t 147 ; ₹x ' 9 it key ;el—) e' Fes ( I f. txe4 t 3k � x ( 4y [ rNpr s'.. .ri....+.<i: ,. "5Cc •F ' krv.... .._ efo•a.:.m.. - �it CR46 ry, rk t �t..aA.aFf�1 at 'IIL K RF'" G f "t 1 M '. WCt 1 �'� 1 F ' � tb d. p J lryp{ . �I y. 'It C" Pr% V I �I 44'A31'� J IF'! i oK a , " E ��fiA 5 T� �x fx pMt' '" fit,:-.7,4....--,57.),A, I ,s�" ' p` '��Se,' 1� �r�� ? J.1 j o Sf r �L t M 1 " sx" i - y 'vn' ! i�d a f , . ..,, yp , dg k I'�'r I �.1 t . $r +'E yA e ,��,�` 1Yr it i + I t f � A. _ _ f �Fi It tV yr yt. Ra, S" a . I 1: " 3. 1 • -6-t, 12e (iffe >i ' 1' i q‘ II V t � t. • i t 0 0 M i Prl f + o t o k k � I I I ` 1 It I 1 1 I ) i 1 . � x' N ° /4' se e �,. .y' I : ;:;; 9 I s } o Lar a r- o�CJc e.v 1 _ o 1 S � ; � O `I'S : !• O q 0 � p I s^ /5 dens- r� . ill I I N 0 IN i. I I i 1 A.(ir s..(s) 4-;:T. 4.s- M r ACr r D 1 P c�, ,Q WELD COUNTY TITLE COMPANY Downtown-1221 8th Avenue, Greeley, Colorado 80631 (970) 356-3232 Fax(970) 356-3248 West-1009 37th Ave. Ct., Suite 101, Greeley, Colorado 80634 (970) 351-0007 Fax(970) 351-6633 TITLE TRANSMITTAL Date: MARCH 8, 2001 �(I WCTC Order No.: WU57845 ,(J Purported Address: 2900 WCR 46 BERTHOUD, COLORADO 80513 �G Owner/Borrower: MARVIN E. STERKEL AND KAREN J. STERKEL Purchaser: Title Examiner: LIZ WOODS - DOWNTOWN - (970)356-3232 Designated Closer: Enclosed please find: Title Commitment Tax Certificate n Copy of Covenants(attached to Purchaser's copy of commitment) Copy of Plat(attached to Purchaser's copy of commitment) Endorsement to Commitment it Other Ccrfv\ lei Ca}q .4 CO I>Q \Oi o' Customer: MARVIN AND KAREN STERKEL 2900 WCR 46 BERTHOUD, COLORADO 80513 - - Copy List - - v n� We appreciate the opportunity to provide your title insurance and closing needs. CERTIFICATE OF CONVEYANCES WELD COUNTY DEPARTMENT OF PLANNING SERVICES STATE OF COLORADO) COUNTY OF WELD ) Order No . WU57845 The WELD COUNTY TITLE COMPANY hereby certifies that it has made a careful search of 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 W1/2SE1/4NE1/4 of Section 16, Township 4 North, Range 68 West of the 6th P.M. , Weld County, Colorado. CONVEYANCES (If none appear, so state) : Book 602 Reception No . 1523552 Book 738 Reception No. 1660346 Book Reception No. Book Reception No. Book Reception No. '. Book Reception No. Book Reception No. Book Reception No. Book Reception No . Book Reception No . Book Reception No . Book Reception No. Book Reception No. 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 WELD COUNTY TITLE COMPANY is hereby limited to the fee paid for this Certificate . In Witness Whereof, WELD COUNTY TITLE COMPANY has caused this Certificate to be signed by its proper officer this 28th day of February, 2001 at 7 : 00 A.M. WELD CO TY TITLE CP U‘.)O CAA By; Authorized Signatory •1 . .a la. . 40a .L "•‘;‘,1i 4-..1,94.•••,-.•e•v l l a `f..tat ....—Via,•;,'..f'....,4:: i a t. z ? i, .. r Ali t�yyf tl M1.y''feod it if ?f y ti art 1 •'i i a •r• • p• :e, •14.•'''. 1 . ' I' ..E:. .,e2 .N,.' ' l req.Yft er:s..eso4isaiii2� .,M:•, ,I„�•W :pry .e../"'r,'J •i:l''. •..�• • 1,.,, �j J 4 1 OCK Rseenid• -__.._._---.deloalU- _—x._..__MAt_i1L97.5___--_•__-- v •• .:1'.. N 738 Recepti•on No.-1—^foe G SyUf_ I[FJEEJ� Rennin- - RECORDER'S HTAK? •»'� This DErn, mad. this 12th day of MaY 1975 ,between •'�.' 4 '• ._ ANN FIMIELL DATES. .--1 p LEONE M. FINNELLr Moto Documenlpry Fee I a •.s. ,;t: JAMES E. BATES and JAMES H. TUILL, Dale MAY 14 1975 i ••• 't• .D 'of the County of end State of $ I. 00 —- ••• .= Colorado, • • .• - of the first part,and 0 — a. v .. ..0 MARVIN E. STE.w.L and FJtRE11 J. STERAEL, •� `0 • as Joint Tenants, • .--1 • of the County of Held and State of Colorado,of the second part: • 0 WITNESSETI7,that the said part See of the float part,for and In consideration of the urn of • - - - (10,000.00) DOLLARS, in TEN THOUSAND and No/100 - - - - - - - - - - - - - - - .o • - `' .o b - • ,y to the said part in a the first part In hand paid by the said parties of the second VILA,the receipt wherent la ' 0 hereby conics ed and acknowledged,have granted.bargained,told and conveyed,end by thew presents do• _ O grant,bargain,sell,convey and confirm unto the said parties of the second part,their heirs tad assigns forever,not a in tenancy In common but in joint tenancy,all the following described Set.wnsee parcel of land,situate.lying and - u being In the County of Held and State of Colorado,to wit: et 20 Acres, more or less, located in the West one-half (1/2) 'a' • i-• of the South one-half (1/2) of the East one-half (1/2) of y = ri ', the Northeast one-fourth (1/4), Section 16, Township 4 North, • Range 68 West of the 6th Y.M. T-', • a' TOGETHER with all and elogalsr the honditammts and appueteaane•e therennts belonging,or In anywise _ '•��•� appertaining, the reversion and reverstew,remainder and remainders,recta,issues and profits thereof:and all the estate, right, title, Interest. claim end demand whatsoner of the said parties of the first part,either In law or equity.of,In and to the above bargained premises,with the bereditamants and appurtenances. •a "• -, ' .• 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 parties of the Drat part,for them Relies their hales,executors,and Administrators do covenant,gran,bargain and agree to and with the •. e laid parties of the second part,their help and assign,that at the time of the enseoling and delivery el these Dreg- - _ enta they are well seized of the premises above tenanted, as of good, ern,perfect, absolute and tndeIca to . estate of inheritance,in law,in fee simple,and ha are good right, full power and lawful authority to grant,ban pain,sell and convey the same in manner and form aforesaid,and that the same are free and clear from ail former and other grants.bargains,sales,Ilene,taxes,assessments and enrambrances of whatever kind or nature soenn tJ except real estate taxes for the year 1975 and all subsequent years, and except - easements, restrictions, rights of way and reservations of record, if any, •:p• and the above bargained premises in the quiet and peaceable possesalon of the Jail parties of the second part,their • •`�' heirs and moigne,against all and every person or persona lawfully claiming or to claim the whole or any part thereof. the said part of the float part shall and will WARRANT AND FOREVER DEFEND. : t� IN WITNESS WHEREOF the said part ies of the lint part hao hereunto set the(.ends and sexy the day and year first above written. 7 ' y .�..A� _.. Leone 14. /n1. ��I1/j [SEAI.j _._ ' I O �Leone�� lruie�l .� - -_- 41)(1.71ede.E. Hates jInbIpØø _t5tAt7 ;... .. ..... SEAL STATE.OFCOLORADO, H. Tull Fs. ti'.tuc fort{d Boulder ., • { J 4•?�hk?3pant seas acknowledged before me this 12th day of May • - i ' . t' • .1br, .Will ACIDall, Ann Finnall Bates, James E. Hates and James H. 11tH. ,: :c : Any,.: [�a ,•.. }l x R'• nary 22 .1976 .Witness my hand and official mat Ass N.. ,i' , 1' mil'• C'•C Q i ../.7)51.414:;? . Of.. �llT— -%a 1i1. t 7. '.`pan-r•lebd ree...re..an.t r•u..d .11341134-14Stmt. - rs e o - at ee. De....cS . •S •e •a yr rtmal; -a wee•ben Y-rt a er e.—I U er r�eatAe m r.vmentatn. telt% t.•dtr,. • - • lH-fact then loart.nam• of pe.ne .../ahem br albm.r ln.f.Ct o 'th.`apacity or e�.:700e:is p..= •. • ,,1 Recorded at_. + /o'clock A_M.,__ NOV ( 1958 __.._ ✓ y • OC 602 1523' ANN SPO�MER � � M➢CXFD .� ReeePtlon N0. — +• f - I �+ o ,,, Vii. THISDEED, Made this 31st day of October ,19 68 . between ' 1 Elmer G. Horst and Flerine H. Horst • i L` of the o ' tt and State of Colorado of the first part,and ' ' -LeoneoM Finn • l S to an undaivt d ��p tg rest, James H. Tr(ull, i pain �, tria to • a un,,tt v e to t A it f''`i altle;�vte s;a n•ornitienantk mp to t ate a an �gS Ga dts an n s J `S rn os�o lfi un rvt a tyr1t es and State of ,v 11 Rf ,--i Colorado,of the second part: on "+ ISTCNFBSETH,That the said parties of the first part,for and in consideration of the son of _ ell DOLLARS Sixty Thousand n to the said part ies of the first part in hand paid by wild part ie5 of the second part, the receipt whereof is `n hereby confessed and acknowledged,have granted,bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the said parties of the second part, their heirs and assigns for- O ever, all the following described lot or parcel of land,aitnete,lying and being in the .. County of Weld and State of Colorado, ha Witt ?..•:".•( i The E} of the NE+ of Section 16, Township 4 North,Range 68 West of the 6th P. M. , except mineral reservations of record, but together with any and all water and water rights appurtenant to subject property,. sped if ically conveying hereby 100 units of water allocated to subject property by the Northern • Colorado Water Conservancy District. v TOGETHER with all and singular the bereditements and appurtenances thereto belonging, or in anywise 1 il .' appertaining,and the reversion and reversions,remainder and remainders, rents, issues and profits thereof, and all i. the estate,right, title, interest,claim and demand whatsoever of the said part ie stf the first part, either in law or equity,of,in and to the above bargained premises,with the hereditamenta and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the o • said part ie 5 of the second part,their heirs and assignc forever. And the said part ies of the first part. O :' for themselves theirhelrs,executors,and administrators,do covenant, grant,bargain,and agree to and 0 with the said port ies of the second part,theitheirs and assigns, that at the time of the ensealing and delivery -.• of these presents, they arewell seized of the premises above conveyed, as of good, sure,perfect,absolute and indefeasible estate of inheritance,in law,in fee simple,and he ve 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 P grants,bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or P..-Ifrom all former and otherg nature soever, except the taxes for 1969 due and payable in 1970, and subject to I easements of record. And also except a first deed of trust recorded in Book 502 as Rec. No. 1425329, . which the grantees assume and agree to pay. ° and the above bargained premises In the quiet and peaceable possession of the said pert i es of the second part, their heirs • hand assigns against all and every person or persons Inwfuliy claiming or to claim the whole e • or any part thereof, the said parties of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said part ies of the first part ha we hereunto settheir hands and seal 5 the day and year first above written. ✓ e • Lane,- V-1,-"-r- (SEA.) ' !.-7:1-1"t. ,.: . p/ _Vat J_4' (SEA ,) p Y O a ` , (SE. L) .. - r+, t.,: '.'/STATE• OF COLORADO, 1I 159. : , .f 'tGounty of Boulder w dray of o Tlie foregoing instrument was acknowledged before me this 31st October' 1D•(v, (th; Elmer G. Horst and Florins. FI Horst s .. m,se.:on expires 19 Witness my hand and,e(ficinl _cal. Vlh J. :1 /' /u i—(e��.— ter\ x• I r- r. 0 a • NE wnNEYi yip 5'w.w-a-L6 • ALC.F 6Y eN9-4•1CN{ Lrn'1 a_ _—,, a.i 1 P.b D Z AI S9°IL158"E �� H e LLI.0)" A '1 4 HOuiE • ByGti y IJI I, Oa-OETau.) iI be: .. 'we' *Mt �C ` �`---:J_ I a., Homo a DETa11-- GAF 4e 4 tow I _ I" 5c:•'el a 1- Y P ci 7.1/4_ f1 ID \ nGemo Iri wnm.•:cTE•+ +A( 0 N 19Z.i I5 Gnaw[/.., Sao t N w11z;5112,E Iiz g NE 1/4, 56t..Vo-4--,oe ' A 4 l • 8 g8 7FfT EF 1PCICN i z� The West Half of the South Half of the East Half o£ the 1 < Northeast quarter of Section 16, Rb-'nsh-in 4 Tbrth, Range 2 66 West of the 6th P.M., Weld Olunty, Colorado, I IntEl CSATIFT'FIAT 9115 INFKJYIN9rt=ATIOX fSATIr1U¢WAS RITAEFD FOR.lA.465 1ERr{L 194T IT IS MIT A IAND SUNK FLAT OR DOWDINESS SUM,MAT;ADD 91AT IT IS MIT TO III.RELIES . VIVI NR TIC FSTAOLISIMWT or rear,IOIILINC.OR MIDI mar..N9AOY1:-,0°01.I'rFeilll., NW AIRES. 4 11i•at 114,hE y4.Ng.{(A I MIIFA&STIFT 91AT NN IMWIUYINIMS of TIE AIXIY4Df.NTIOIa Nana. J!'i.'`JTaq�.�., 5EL. IL.q.Lp • This DAR,r6e.Tq,1M61 . roAn UFII.IT!19NNRTIOI 1,Aggx.i MSS 1111110 VIP.IUIXDAEIFS OF 111E.FAUST..MATT AS MILAN:TIAT IDRIS./ 4 -....1,0.... Al!MO OICRIAOAIFXTS DIVA 1110 OF-VSlIInl l•RFTISY$Ill IMIIII.SI11YR LefiiL.. n A 1;Z2 S2• Y e WI �. ' I Ad ADIOINIMC ROUSTS. Mori AS INDIUM;ADO VDT 111150.IS 01n AI? L -- V ,aLl L(e• IYIIFNI;OR 5101 OF Al!FASOIPAT 11OS5100 OR NIDDINIIC ANT rat or la O C.twrFEe • 589'20'51••E 114 tcNtie¢ TAMH..IAISFF AS IIDna: ."%' e `.CGTO•J 14.4-48 «Y�L.II -4-ti6 .''}erf,-:.Anys4,.r ':Frrj;C W..o. Dl:�/ nn ..L,- �-d- - WORM 1..5. F Y�/G REV.DATE DESCRIPTION - — �� DRN.OHE'D APV'D �� KRue. CLIENT. TITLE REV. ENGINEERING AS 1ATE5,INC. IMPRov6MENT LCCa1IO0J •5dRO6.Y- 903 ClevelL/ 8e JAMFfi y(Eg eE_ - LOVELAND.S0 0537 NE (14 AiEG.IG-4-�B 0➢Ilina 493 go RT}bur2 NATi ot-IAI_ 6ADIR Loveland 667-8010 x_8010 PROJECT N o. 2-S'T-Bb6Z wt,,.Y., yy, MA. T-foal e i • 1 ,31 hvti. Hti•4-68 lit, ik 4L[.F* 0:4.4e.) .11/41Et-1T I Lroo' 51.ti '1.3 13.H 2.° hi aq°w'Sa"E I N N .. 6[a \ l.Ol' AI 1 L ..•:14.1)'•... . 2L•Z bl'L-F1/EI 0 ..// HouhE I I7 '� �bEE•OGTPII-��I�J :se,. .• W�V.�[sMT (I 13L. I' II) X 4 • o Houe - DE1b.IL- (�AR[.&e 4 5HE.t7 0 Y • S • 30.a' t• K 3 / ' , i f r0 LONLRE-te• WA4.-0- . rY r N2 0 15 2 v4RovE/„ SH N w wljz, h IIZ , E 1!z W p g NE 1/41 a%%�-. Ifo-4--Yo9 irl g h o z R LEGAL 1�IPTICN 2 2 I The West Half of the South Half of the East Half of the I Northeast Quarter of Section 16, Township 4 North, Range 2 68 West of the 6th P.M., Weld County, Colorado. R - ' CERTIFICATE I IIFRFDT CERTIFY 711AT 1111$ IMPROVEMENT IlXiATION CFRPIFICAIF. WAS PREPARED FOR JAMe5 .D-1-6 ; MAT IT IS NOT A LAND SURVUPONFY PLAT OR FO TIIE ESTADLISIMRENF OFDIT RFENCEVEY ' BUILDING.AT; AND ,AORI(MIE'RT IS HFFIMMI IRF.DIMPROVE- %%%%%%%%%%%%%%%%%%%% %%%%%%%E RELIED ; Y MAT LINES. :`� �j� N'1"'•+-Ct°r Y ..• r4 -' 1�,he- 114 0.2e.• 1/4. .'�E t/4- - I FURIES CERTIFY THAT 111E 1MFRUVFWFRIS ON THE ADt1VE-DESCRIDELF PARCI ,1' L''-1 ` EC 1 - .- yE6. 110- 4-- Oo& • 11113 I}Afl,r66. 2.4,1018-1 , EIGHT UIII.IIT CDNNFLTION.S, ARf514.° Rj r. . Y t MELT W111HIN 111E IRNINDARIFS OF 111E PARCEL„ EXCEPT AS SOWN; 'MAT ANC R •I r1 :e ARE NO INCROAQRIFNIS MN 11111 DFStRIIIFD PREMISES 1ST 1MPRUVEMPNTS • A-errr F) ADJOINING PREMISES, EXCEPT AS INDICAITD; AND 11IAT MERE IS HOT APP r_. 2. L. 40. 1922 52' Coral tG/ ro41 210 EVIDENCE OR SIGN OF ANY EASEMENT CROSSING UR BURDENING ANY PART OF lill 0 . .. t. (lq. LOGNE . PARCEL, EXCEPT AS NOTED. • - J • R ` e.t -Tee 9 5f1°Zo' . 51"E •4"..4.•• Iv-q--c , -•,-/)-/ -41';',;;4 teG•no.J 8,...4-45 'o,, c7F.Cra �ltyinga �: COLORADO L.S. I 4/f z IEV. DATE DESCRIPTION DRN. CHK'D APV'D - KRUBACK _ CLIENT TITLE R�+ ENGINEERING ASSOCIATES, INC. IMPRov6MENT ca-4 ionl `u v6Y 903 Cleveland Avenue JAMF� *(ERI�EI. NE PIG 4E.G. IC. -4-v8 LOVELAND, COLORADO 80537 WD Semi-bop u� NATIorlot, �Al& Loveland 667-8010 Ft. Collins 493-8010 PROJECT N o . S'$7- B4-62 rs ' DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 O 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO May 6, 2003 TO: SURROUNDING PROPERTY OWNERS CASE NUMBER: RE-3111 There will be a Public Hearing before the Weld County Board of County Commissioners on Wednesday, May 21, 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, Greeley, Colorado concerning the request of: NAME: Marvin E. & Karen J. Sterkel FOR: Two Lot Recorded Exemption LEGAL DESCRIPTION: W2 S2 E2 NE4 Section 16, T4N, R68W of the 6th P.M.,Weld County, Colorado. LOCATION: Approximately 1350 feet south of County Road 46 and approximately 650 feet west of County Road 7. Your property is adjacent to or crossed by the proposed access for the additional lot. The Board of County Commissioners will consider if the standards of Section 24-8-40 of the Weld County Code have been met. Included in Section 24-8-40 is the requirement for a legal and adequate access road. For additional information write or telephone Sheri Lockman, Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1555 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of public hearing. You are also welcome to attend the hearing. http://maps.merrick.com/website/weld/set...007,106116000036,106115000029,&Pa2=150C Property Owners Within 1500 ft. of Parcel# 106116000020 NAME MAILING ADDRESS ( PARCEL IDENTIFICATION# CANNON PATRICK S & GINGER L BERTHOUD,CO 80513 21733 COUNTY RD 7 ELLIS GENE P & 106116100037 BERTHOUD,CO 80513 21733 COUNTY RD 7 ELLIS GENE P & 106116100038 ✓ BERTHOUD,CO 80513 I ICKEL FAMILY i• ' ! P O BOX 436 I�e�:iu:e.:.:...: —� 106109000035 BERTHOUD,CO 80513 2866 WELD CO RD 46 FRANEK JEANETTE B 106116000022 ✓ BERTHOUD,CO 80513 LE & ANN D (1/2 21533 WELD CORD7 80513 OFMEISTE 21450 WELD CO RD 5 BERTHOUD,CO 80513 OONENB 5440 PRESERVE DR GREENWOOD VLG,C 2868 COUNTY RD 46 LIM ADWYN R 106116000021 BERTHOUD,CO 80513 M 1n61160nnn18 BERTHOUD,CO 80513 MARKHAM F ITED 1810 N EMPIRE AVE PARTNERSHIP 4 - I VELAND,CO 8 ARKHAM 2464 WELD CO RD 46 EVERL _ 10611b000605 BERTHOUD,CO 80513 ARI 21490 WELD CORD 7 LIZ 1 611Sb606t0 BERTHO Z'ff8U5T3--- 21803 COUNTY RD 7 _ BERTH 3 MOORE GARY TYLER & 21875 WELD CO RD 7 RONDA L 106116000016 ✓ BERTHOUD,CO 80513 1 of 2 04/29/2003 1:23 PM http://maps.merrick.com/website/weld/set...007,106116000036,106115000029,&Par2=1500 OSTERM R RT 4705 COUNTY RD 46 _ EUGENE & 7 JOHNSTOWN,CO 80534 2870 WELD CO RD 46 -� RATASHAK LYLE D & ELLA E 106116000015 TRUST BERTHOUD,CO 80513 2 of 2 04/29/2003 1:23 PM LITTLE THOMPSON WATER DISTRICT p DIRECTORS: Telephone(970)532-2096 Tom Reynolds April 9, 2001 81<C Ilighwey 56 President DraweLeo Babel Berthoud. G Keith Croonquist cnhoud.CO 80511 Robert Bopgio www.ltwd.ori; Dan Anderson Carey 1.Sdomonwn lames Stroh MANAGER: Richard H.H.Whine Karen J. Sterkel 2900 WCR 46 Berthoud, CO 80513 Dear Ms. Sterkel : This letter is in response to your request for a water service commitment for one additional residential lot, in the proposed Recorded Exemption described as follows: Portions of the W %_, S '/2,E 'A, NE 'A, SEC.16, T4N, R6SW -- WELD COUNTY, CO The District provides water service within its service area as defined by the District. The provision of water service by extension of existing water lines of the District to the above property and the installation of taps for lots is done under the terms of the Rules and Regulations of the District established by the Board of the District from time to time. You may obtain a copy of the Rules and Regulations from the District. This letter outlines the provisions of the Rules and Regulations, however this letter does not change any provisions of the Rules and Regulations. The Board of the District may alter and amend the Rules and Regulations at any time, and the provisions of this letter are subject to alteration and amendment based on changes in the Rules and Regulations of the District. We currently have a 2" diameter water line located along the unnamed lane from WCR 46 to your property with additional capacity available Therefore, we can commit to provide service to the above property, subject to the limitations in this letter, for one standard residential 5/8" X 3/4" water tap; and the following additional limitations on the provision of water service are: 1 All improvements to District facilities required to provide service will be the financial responsibility of the developer in accordance with the District Rules and Regulations. All improvements must conform to District Specifications. 2 If a fire hydrant is required for the subdivision there is a $2,000 fire hydrant fee that needs to be paid prior to installation of the fire hydrant. You will be responsible for any improvements needed to meet the required fire flows in your subdivision. This would include the construction of a water line from WCR 7 to your property for the hydrant. 3 The design, installation and total cost of the project will be the responsibility of the developer. This commitment letter will expire two years from the date of this letter if the tap has not been purchased, paid for and installed by that date of expiration. The current fee for the domestic 5/8" X 3/4" tap is $14,000.00. YOU ARE HEREBY ADVISED THAT THE RULES, REGULATIONS AND TARIFFS OF THE DISTRICT ARE SUBJECT TO CHANGE WITHOUT NOTICE; AND THIS LETTER IS ISSUED WITH THE SPECIFIC LIMITATION THAT THE DISTRICT MAY CHANGE THE RULES, REGULATIONS AND TARIFFS APPLICABLE TO THE ABOVE PROPERTY AT ANY TIME WITHOUT NOTICE TO YOU OR ANY PERSON. If you have questions, please contact me. ,-. Regards, ichael T. Cook District Engineer • r Weld County. Health Deportment 1510 HOSPITAL ROAD GREELEY,'COLORADO 80631• (so,) ]55-0540 Date—I—Tr-9-- 19 /29 Received of Address • / / r2� tii 0 AMOUNT $— 9S 00 &�A — ---& /IU' Dollars �l100 PAID N Old IN FULL ACCOUN I Balance I I 1 Less Am'IPd I New I Balance I MONEY CASH / CHECK 1/ DRAFT ORDER For L' . I . 'i // '`fS/— Rec'• 29359 Re • . WELD COUNTY HEALTH DEPARTMENT 44-79 1516 'Hospital Road Permit No. '' Greeley, Colorado PH\ 353-0540 I Application for permit to install, construct, an Individual Sewage Disposal System. Owner I i aryl n s tar Ise• Address igf I - &T)( IIII- er {,9 one S32-346/ Direct ons to site: Hwy Rd. N mi, E mi, S mi, W mi kd ) (- 7 — — — — Legal Description: Ptn. (,U Pa- Sec. .[ ,T 4 N, R6507, Sub. LotBlk S /0 gt/,-� N Vce/ General Information De t. Use Onl - No. Bedrooms 3 No. Persons a Perc rate (avg. of 3)/Jmi'.�/�AZ No. Baths Basement Plumbing L . c Soil Type '/c//euwC/ny /'/oe.K ,¢(nnt/ a Size of Lot u 8- 0.0 r ei 5 ' 1 C H2O Table Depth 5 //or" y } H2O supply (If well give depth) (.-L# Ic 1-1/1QWV1p SOYI Lot Grade .50,51/2..1,-.New Home ✓ Mobile Home Modular Add'n If Engineer Design Y95,..,.,..\--- No Type of sewage disposal requested: If YES-reason: /C24 D U= d . Septic tank 1...//Privy Other Comments:/je7fi,,, O4 ,ed or ;rcuc& to h to F VL I „ f e U -'; (C On belle. n� This is to certify that the system is NOT within 400 ft. Of a public sewer W r7 ri 1 /1 Installation instructions: (Minimum Requirements) Septic Tank / GOO Gals. Absorption Trenches •S�,("/ Sq. Ft. Other or• Special Instructions Seepage Bed ‘ 7 7- Sq. Ft. t5e7%na, o f b'd rH'("Teac l.. r bC. he cOe e' {)ie.ti l' l°`; tAee, /Jut --f; /! on brd. This system will be constructed and installed in accordance with the above specifications and regulations regarding individual sewage disposal systems in Weld County, Colorado. This permit shall expire at the iame' time as the building permit, or, if no building permit is issued, the permit shall expire 120 days after its issuance if construction has not been commenced. Date: 3 - 9 - 99 Owner: y //!ll'✓tUj A ii-,a Applicant: The plans and specifications as shown are approved pending payment of permit fee. Date: i f/6 /7Q� -�/ T • ��°� , Sanitarian: �/1,�rt The above system inspected and found to comply with plan and des`tription. Date: Systems Contractor: Sanitarian: ,Engineer Review: (Date) (Signature) PormLt Fee: $_95---" Received by: Date: 3- 9- 99 W�Y� BOARD OF HEALTH eld_ County Health .Department CATHERINE DENSON. AULT FRANKLIN D. YODER. MD. MPH ISIS HOSPITAL ROAD RALPH AAB. GREELEY DIRECTOR GREELEY. COLORADO 80631 WILLIAM BLICK. ROOOEN cLAn(NCt SITZMAH. GREELEY 190]1 353.0540 DAVID wERKINc. DOS. GREELEY ENVIRONNLNTAL HEALTH SERVICES PROCEDURE TO PREPARE FUR PERCOLATION TESTS A. Dig three holes 4-12 inches in diameter in a triangular pattern in , the area which the proposed absorption field is to be located. Holes should be approximately 20 feet apart (see diagram). Test holes should be approximately 3 feet deep. B. Dig the three holes at least 8 hrs and not more than 36 hours prior to running the percolation test. Fill the holes with water immediately after digging and cover with boards or similar material if weather is cold and inclement to keep foreign material out and to keep holes from freezing. C. Leave adequate water at the site for the holes to be refilled for the percolation test. (15-25 gallons) D. One hole of post hole size or larger must be dug to a depth of 8 feet to determine the soil conditions at the site, and the ground water • depth. This hole should also be in the area which the proposed absorption field is to be located. E. If you cannot be at the site when the percolation test is run, leave your copy of the permit at the site in a jar or something to protect ' it from the elements, so that the results of the test may be recorded • for your information. F. Be certain the site.is well marked with a flag or some device so that the sanitarian will have no difficulty in finding the site. 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Jt ' .': 1 . 4 ^f of._.. `)rt 3+ .t to ; i t.At,''••`- ..,sr".f_ , -i..5 Ivry '.1 tis na•" a,�•Y •r,t G ' : < a •i 4)t ... �S rrt r.�t-r h�•r5 s,rl - qtr ;r S.lm 4tr„rn" S ..' ar 7i 's .:, � !: • _• +•_.___— y.�nn 2 444.,,,,. . Jr 1 • (r� r.3wL(y j .. ?116•{1 \\� +S '' • _ _�\ ;; r .. 1 CASE NUMBER: RE-3111 APPLICANT: Marvin Sterkel PLANNER: Sheri Lockman LEGAL DESCRIPTION: W2 S2 E2 NE4 Section 16, T4N, R68W of the 6th P.M., Weld County, Colorado. REQUEST: Recorded Exemption LOCATION: South of Weld County Road 46 and west of Weld County Road 7 akI I.. g 'p N oac 9v oM vw - mow._-�, - - #�__ ,•; �-. ra •SRCi f RE3111Z„ u ', r H 56 1 BERTH TOWN 1 CR46 x. kit- `.E x K I, ..�- -a' 9.4, -0" . gvyi ....G3e -sue''“'}" L1/4.--— ,_ s1 e kr€ .. .r,'i c..6 Lam -. 1 il 54 ti " a =z t 3 AVx+� ��__ "Pa3p- 1 Y :: Y': 5 1 1 „b li I ',. }N} ;4.4P., 2 CR46 t- 613 • • 30 'N- Cr I.O - RE-3111 = t t t ill , t p +ht k "��' 3 `H P k y lu: I4 ft ttt r4 tit . 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