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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
Clerk to the Board
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20033060.tiff
6fifi RECORDED EXEMPTION NO . 0453 - 19 - 3 RE - 3647 BEING A PORTION OF THE SOUTH HALF OF SECTION 19, TOWNSHIP 9 NORTH , iiniiiuui!!9!1!1uiiniuii!iNuuei!iuim RANGE 67 WEST OF THE 6th P.M. , WELD COUNTY, COLORADO. 1 et 1 R 11[O 0 O N sIM UVI.M CI[A a Ra9mn 0 5.1/15 coa_ /,/n.,�� EC 7P '-57 r I; ,','f o.5557aewN/2.,52 CS 0/16 CCP, � � w.CAP S1771RD 'V 1•% 1 af A I_ "` __ -- SiC n A { 147251 safioe'JrE us2.s1' 4844 N '44 j 20-9-67 9)11E5801 - fr i A05 -I- ].11J9' T216 0' $fi6D9'36E .luu. .v 5446 � � 61612' z 5_,,,,,,I.------' g4. g l9ie „vac —re vam LOT d '; _ a ...RNAPPPOPI DO' 0 ri\ to Z 34.005 Abell ZIP., o ` 777 ry 00 O y, � ' 1\ 1 PARS )7*4 I LOT B e�p p< S U ` caa5F0•ccF55 ^ H.6{{Aee 0.' ."f o A _ _— R„ X4,1 / 464 ;^x i _ C 1a ii ri eil r Is�1 R„5' _ rxisnw ACCESS pim o B 4 ��� Ne67Y11-W 7- 2546.15• 'oM ar A. ` 'Y_ 32199 _ 121,1,' _ N66td'39'W 13708' le 0 /64 9-9-47 �14 i� 2615 23. - SEC N-T5R '„ �CS „6 45.w� 4 ]]] xDv CAW S-A�it \ s6C549-9-6, 1 7M 5<_„/44040. 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W 0 1 psorct ICGIT0N s . :4S'e ' i Z a g W f Ap -3g '/A0T Avw/ f i///a '.1 11 344:2 JCB NO.: KMENR 6 41.w __ •fi o ry 4490 802 Ali 2C9C01-At-603 • �15 ;yg O 6 VICINITY MAP SCALE: l'-2000' SNEE'1i 1 442 Iu Of E6 RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION #3647 - HENRY AND GILLIAN KELLY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, pursuant to its authority under Section 30-28-101(10)(d), C.R.S., did determine at a public meeting held in the Chambers of the Board, that a certain parcel of land, to be divided into two parcels, as shown on the plat known as Recorded Exemption #3647, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land," and WHEREAS,the request for Recorded Exemption#3647 was submitted by Henry and Gillian Kelly, 7505 County Road 102,Wellington,Colorado 80549,for property which is located in part on the following described real estate, to-wit: N1/2 S1/2 S1/2 of Section 19, Township 9 North, Range 67 West of the 6th P.M., Weld County, Colorado being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A," said plat to be recorded, and WHEREAS,this request is to divide the property into parcels estimated to be approximately 45 acres and 35 acres. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the hereinabove described parcel of land be,and hereby is,exempt from the definition of the terms, "subdivision" and "subdivided land." BE IT FURTHER RESOLVED by the Board that Recorded Exemption#3647 by Henry and Gillian Kelly is, approved conditional upon the following: 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) Regulations. 2. The applicant has proposed a well as the source of adequate water. Property owners are advised that the quantity of water available for usage may be limited to specific uses, i.e., "Domestic Use Only," etcetera. Because each situation is unique,the Department of Planning Services encourages property owners to contact the Office of the State Engineer, Division of Water Resources (1313 Sherman Street, Room 818, Denver,Colorado 80203. Phone 303-866-3581),to discuss each individual situation. 2003-3060 RE3647 ('0 I � APR- t 1 -01-n- 03 RE #3647 - HENRY AND GILLIAN KELLY PAGE 2 3. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 3647-19-3 RE-3647. B. All references in this document and on the final mylar plat shall refer to the 34-acre lot as Lot A and the 45-acre lot as Lot B. C. Lot B shall use the existing residential access, as no additional accesses shall be granted. D. The applicant shall complete a Nonexclusive License Agreement for the upgrade and maintenance of Weld County Road 15 right-of-way. E. Lot A shall access the property along the established access easement. F. All approved accesses shall be clearly shown on the plat. G. Weld County Roads 13 and 15 are designated on the Road Capital Improvement Plan in the County-Wide Impact Fee Program, Section 20-1-30, as section line roads. These roads are not maintained by Weld County. H. There is presently no dedicated right-of-way for Weld County Road 13. A total of 30 feet from the section line shall be delineated on the plat as right-of-way for the future expansion of Weld County Road 13. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. J. The following notes shall be placed on the plat: 1) All proposed or existing structures will 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. 2003-3060 RE3647 RE #3647 - HENRY AND GILLIAN KELLY PAGE 3 3) Prior to the release of Building Permits,the applicant shall submit a recorded deed describing the lot upon which the Building Permit is requested with the Building Permit applications. The legal description on such deed shall include the lot designation and Recorded Exemption number. 4) Prior to the release of Building Permits, the applicant shall submit evidence to the Department of Planning Services that Lot A has an adequate water supply of sufficient quality, quantity, and dependability. 5) Potential purchasers should be aware that Lots A and B may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. 6) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically thereafter. 7) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non-buildable if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits. 8) 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. 9) 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. 10) Effective January 1,2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. 11) In the event Weld County or any other governmental authority exercises its right to expand Weld County Roads 13 or 15 into the rights-of-way noted on this Recorded Exemption, and such expansion requires the demolition,destruction,alteration,or taking of 2003-3060 RE3647 RE #3647 - HENRY AND GILLIAN KELLY PAGE 4 any improvements existing on the subject propertyas of the date this Recorded Exemption is recorded,the owner of the subject property shall be entitled to just compensation as determined in an eminent domain proceeding for such property and its improvements. This requirement shall be binding upon the parties regardless of the legal effect of whether the subject rights-of-way are "reserved" or "dedicated". 12) Weld County's Right To Farm statement, as it appears in the Weld County Code, Appendix 22-E, shall be placed on the Plat. 4. The applicant shall submit two(2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies, the applicant shall submit a Mylar plat, along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 5. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to maosco.weld.co.us. 2003-3060 RE3647 RE #3647 - HENRY AND GILLIAN KELLY PAGE 5 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 3rd day of November, A.D., 2003. BOARD OF COUNTY COMMISSIONERS �� , �A,//J���,// WEL OUNTY, LQ.RADO ATTEST: /l n2xft/'/D!li %'� jL�� CJ C �� dE._LoC air Weld County Clerk to the B���d •`�°- � \ �1 �/�\�\""\\[[�\ , r 1861 G bi kv ,. �. vrbert D. Masden, Pro-Tem BY: Deputy Clerk to the Boa 1)u nc -, ' XCUSED M. J. Geile AP DAST William ounty Attorne Q� Glenn Vaad Date of signature: /I? 2003-3060 RE3647 IDEPARTMENTSERVICES RECORDED EXEMPTION COLORADO ADMINISTRATIVE REVIEW PLANNER: S Lockman HEARING DATE: November 3, 2003 CASE NUMBER: RE-3647 APPLICANT: Henry and Gillian Kelly ADDRESS: 50151 CR 15, Wellington, CO 80549 REQUEST: Two Lot Recorded Exemption LEGAL DESCRIPTION: N2 of the S2 of the S2 of Section 19, T9N, R67W of the 6th P.M., Weld County, Colorado PARCEL NUMBER: 0453 19 000007 PARCEL SIZE: 80 +/-acres ZONE DISTRICT: Agricultural WATER SOURCE: Well SEWER SOURCE: Septic system .e Department of Planning Services' staff has reviewed this request and recommends that this request be -pproved. it is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with the following criteria as listed in Section 24-8-40 of the Weld County Code: A. Section 24-8-40.A-The water supply for all proposed lots is adequate in terms of quality, quantity and dependability. B. Section 24-8-40.B -An adequate sewer service is available to serve the uses permitted on all proposed lots. The sewer service shall comply with the requirements of the applicable zone district and the Department of Public Health and Environment. C. 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 ll of this Code. 1) Section 24-8-40.C.1 - Where the access is adjacent to a state highway, the Colorado Department of Transportation has jurisdiction over existing or proposed access points. The applicant shall be responsible for obtaining a new access permit from the Colorado Department of Transportation. 2) Section 24-8-40.C.2-New residential driveways to an arterial will be provided only when no other option is available. 3) Section 24-8-40.C.3-Existing or future public rights-of-way and additional access points on County roads shall be dedicated or reserved in conformance with Chapter 22 of this Code and any adopted intergovernmental agreements or master plans of affected municipalities. 4) Section 24-8-40.C.4 -Exemptions shall mitigate impacts of additional accesses to County roads. J. Section 24-8-40.D - The proposed recorded exemption will comply with Chapter 23, Article V of the Weld County Code. 2003-3060 E. Section 24-8-40.E - The propo, .s consistent with the policies and goals of Jpter 22 of the Weld County Code. F. Section 24-8-40.F- The proposal is consistent with any adopted intergovernmental agreement, if applicable. G. Section 24-8-40.G - The proposal has taken into consideration master plans of affected municipalities. H. Section 24-8-40.H- The proposal is compatible with the existing surrounding land uses. Section 24-8-40.1- The proposal is consistent with the intent of the zone district the exemption is located within as expressed in Chapter 23 of this Code. J. Section 24-8-40.J-The proposal is consistent with sound land use planning practices. K. Section 24-8-40.K- The proposal is consistent with the Statement of Purpose as expressed in Section 24-1-30 of this Chapter. 1) Section 24-8-40.K.1 - The approval of an exemption may be conditioned or restricted to carry out the intent of Section 24-1-30 of this Chapter or to mitigate impacts or address concerns of referral agencies. Conditions and restrictions may include,but are not limited to,designation of building envelopes, creation of conservation easements or other legal mechanisms to encourage agricultural production on the parcels and to maintain irrigation water for the parcels, and the utilization of existing housing. Conditions of approval shall be met prior to recording the plat and restrictions may be enforced by means of notes on the plat. 2) Section 24-8-40. (2- The fact that the applicant has conveyed, within the last calendar year,land which would have been considered contiguous had it been retained,may be considered as evidence of an intent to evade the purpose provisions of Sections 24-1-30 and 24-8-20 of Chapter 24 of the Weld County Code. A) Section 24-1-30.A -Assisting orderly and integrated development. B) Section 24-1-30.8 -Promoting the health, safety, and general welfare of the residents of the County. C) Section 24-1-30.C-Ensuring conformance of land subdivision plans with the public improvement plans of the County and its various municipalities. D) Section 24-1-30.D-Ensuring coordination with public municipal improvement plans and programs. E) Section 24-1-30.E- Encouraging well-planned subdivisions by establishing adequate standards for design and improvement. F) Section 24-1-30.F - Improving land survey monuments and records by establishing standards for surveys and plats. G) Section 24-1-30.G -Safeguarding the interests of the public, the homeowner, and the subdivider. H) Section 24-1-30.H - Securing equitable handling of all subdivision plans by providing uniform procedures and standards. I) Section 24-1-30.1-Preventing loss and injury from fire in wooded terrain. J) Section 24-1-30.J-Preserving agricultural land and promoting its most productive agrarian use. K) Section 24-1-30.K-Ensuring irrigation water currently associated with a farm or rural unit of land will be retained for agricultural uses. L) Section 24-1-30.L - Preserving natural vegetation and cover and promoting the natural beauty of the County. M) Section 24-1-30.M-Preventing and controlling erosion, sedimentation, and other pollution of surface and subsurface water. N) Section 24-1-30.N-Preventing flood damage to persons and properties and minimizing expenditures for flood relief and flood control projects. O) Section 24-1-30.O-Restricting or regulating building in flood hazard overlay district areas,shprelands, areas covered by poor soils, or in areas poorly suited for building or construction. P) Section 24-1-30.P-Preventing loss and injury from land slides,mud flows,and other geologic hazards. Q) Section 24-1-30.Q-Providing adequate space for future development of schools and parks to serve the population. R) Section 24-1-30.R-Ensuring the planning for and provisions of an adequate and safe source of water and means of sewage disposal. L. Section 24-8-40.L- The minimum size of any lot proposed with a public water supply is not less than one(1)acre net. The minimum size of any lot proposed with a well as the water supply is not less than two and one-half(2 1/2)acres net. Minimum lot sizes do not apply in zone districts which allow smaller lots or where exempted by the Board of County Commissioners. The minimum lot size does not apply to subdivision exemption lots created for the temporary use of a parcel for public utility facilities. M. Section 24-8-40.M-The proposed recorded exemption is not part of a recorded exemption or subdivision exemption which was done in conjunction with a recorded exemption approved within the last ten(10)years unless the original exemptions had an application pending as of October 25, 1995. This provision shall not apply in any Commercial or Industrial Zone District. 1) The Weld County Board of County Commissioner's Resolution dated September 20, 1999 denied Recorded Exemption 2491 on the subject property.The Board of County Commissioners have authorized applicants to include the evidence of substantial change with the Recorded Exemption application when the denial was over one year prior. The applicant has requested a substantial change determination. It is the opinion of the Department of Planning Service's staff that the applicant has demonstrated that a substantial change has occurred. The Weld County Board of County Commissioner's Resolution denied Recorded Exemption 2491 on the subject property for the following reasons: A. The proposal evades the purpose of the Weld County Subdivision Ordinance as defined in Section 11.4.2.1 through 11.4.2.6, specifically: 1. Section 11.4.2.4 - consistency with the purpose of efficient and orderly development as expressed in Section 1.3 of the Weld county subdivision Ordinance. a) Section 1.3.1 - Assisting orderly and integrated development. Access to the proposed parcels is problematic because there are not county maintained roads to provide access to the proposed lots. Considering that Section 19 currently has an existing recorded exemption south of and adjacent to the proposed recorded exemption, this proposed rec.. ed exemption would create four recorL . exemption lots in this section. Considering Section 17 and 20, which are both east and northeast of and adjacent to Section 19, this application would create eight (8) recorded exemptions, for a total of twenty-five(25)lots in this otherwise rural area. None of these lots were created through a formal subdivision process, The lots were therefore created without any provisions to plan to pay for the increased levels of strain placed upon the infrastructure and services. Currently, these services and the infrastructure are paid for and maintained by Weld County.Recorded Exemption applications RE-2259 and RE-2260 were applied for in this same Section on May 15, 1998. Both Recorded Exemptions were denied by the Board of County Commissioners on July 27, 1998. b) Section 1.3.2 - Promoting the health, safety and general welfare of the residents of the County. Due to the rural nature of this area and the fact that there is not direct access to this parcel via maintained county roads the health, safety, and general welfare of any future residents of the proposed recorded exemption lots would be compromised. Given the location of this parcel, being nine miles northwest of the Town of Nunn and adjacent • to the Larimer-Weld County line,there are not adequate services to provide for the needs of future residents in this area. The Town of Nunn would provide fire protection to this area. The school but for the children would come no closer than one and one quarter miles to the houses on this site. B. The proposal is not consistent with the Weld County Comprehensive Plan. C. Further division of these lots will create additional accesses onto Weld County Roads and will increase the density of the existing linear subdivision. D. This proposal increases the need for more urban-type services in the area which the Board is currently unable to provide. 2) Pursuant to Chapter2,Article II,Section 2-3-10 of the Weld County Code,the Board of County Commissioners shall consider the applicant's request for a Hearing of Substantial Change and whether within the concept of a new application,the facts and circumstances of which are substantially changed from the initial application: Criteria 1. -- Has the land-use application substantially changed? (e.g., substantial changes in lot size or density, in internal or external roads, or, in the case of a rezoning, in the uses proposed) Criteria 2.—Have the surrounding land-uses substantially changed? (e.g.,has the adjacent land use changed during the period of time since the last application such that what would be compatible with the adjacent use has changed) Criteria 3. — Have applicable provisions of the law substantially changed? (e.g., the applicant is proposing using a different procedure so a different set of criteria apply or the applicable ordinance has been amended by the Board so the criteria have substantially changed) Criteria 4. — Within the concept of rehearing the previously denied application, is there newly discovered evidence that the applicant could not have discovered with diligent effort at the time of the original application? 3) The applicant has submitted a copy of a sixty(60)foot easement for access and utilities along the west side of Section 19. Planning staff has determined that this agreement, along with upgrades along Weld County Road 13 section line, do represent a substantial change. Should the Board of County Comn. sioners approve this request, the Depa.-.gent 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. The Applicant has proposed a well as the source of adequate water. Property owners are advised that the quantity of water available for usage may be limited to specific uses, i.e., "Domestic Use Only,"etc. Because each situation is unique, the Department of Planning Services encourages property owners to contact-the Office of the State Engineer, Division of Water Resources(1313 Sherman Street,Room 818,Denver,Colorado 80203.Phone 303-866- 3581), to discuss each individual situation. 3. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 3647-19-3 RE-3647 B. All references in this document and on the final mylar plat shall refer to the 34 acre lot as Lot A and the 45 acre lot as Lot B. C. Lot B shall use the existing residential access point as no additional accesses shall be granted. D. The applicant shall complete a Nonexclusive License Agreement for the upgrade and maintenance of Weld County Road 15 right-of-way. E. Lot A shall access the property along the established access easement. F. All approved accesses shall be clearly shown on the plat. G. County Roads 13 and 15 are designated on the Road Capital Improvement plan in the County Wide Impact Fee Code Ordinance,Section 20-1-30,as section line roads. These roads are not maintained by Weld County. H. There is presently no dedicated right-of-way for County Road 13.A total of 30 feet from the section line shall be delineated on the plat as right-of-way for the future expansion of County Road 13. I. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. J. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. * No building or structure as defined and limited to those occupancies listed as Groups A, B, E, 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 relea, of building permits, the applicant shall sub,....a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 4) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot A has an adequate water supply of sufficient quality, quantity and dependability. 5) Potential purchasers should be aware that Lot A and Lot B may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. 6) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment.The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically there after. 7) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non-buildable if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits. 8) 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. 9) 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. 10) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Chapter 20,Article I of the Weld County Code) 11) In the event Weld County or any other governmental authority exercises its right to expand County Road 13 or County Road 15 into the rights-of-way noted on this Recorded Exemption and such expansion requires the demolition, destruction, alteration, or taking of any improvements existing on the subject property as of the date this Recorded Exemption is recorded, the owner of the subject property shall be entitled to just compensation as determined in an eminent domain proceeding for such property and its improvements. This requirement shall be binding upon the parties regardless of the legal effect of whether the subject rights-of-way are"reserved"or"dedicated". 12) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural counties in the United States, ranking fifth in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious,but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural area:open views,spaciousness,wildlife,lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off-sit.. .inpacts, including noise from tractors and ey..ipment;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 orpractices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware)with more than 3,700 miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law,enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all • emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed,will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches,electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. 4. The applicant shall submit two(2)paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval.The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty(60)days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. 5. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsthco.weld.co.us. on U Sheri Lockman, Department o)Planning Services Henry and Gillian Kelly have applied for a Recorded Exemption in combination with a request I for a determination of substantial change on a 80 acre lot which has previously been denied for a recorded exemption. The site is located 1/4 mile north of CR 102, and west of and adjacent to CR 13 section line and east of CR 15. Larimer county is directly west of the site. Surrounding properties are dryland pasture with homes in close proximity. 7 referral agencies reviewed this case, 5 responded favorably or included conditions that have been addressed through development standards and conditions of approval. The Weld County Department of Planning Services is recommending approval of both the recorded exemption and substantial change determination. Staff does believe that the applicant has met two of the criteria for a Substantial change determination. First. — Have the surrounding land-uses substantially changed ? (e.g., has the adjacent land use changed during the period of time since the last application such that what would be compatible with the adjacent use has changed) Although the access along County Road 13 section line remains a one lane gravel road at this location it has been significantly improved since the original application was submitted. The second criteria is has, within the concept of rehearing the previously denied application, is there newly discovered evidence that the applicant could not have discovered with diligent effort at the time of the original application? There is no Road right of way at this location for County Road 13. The applicant has submitted a copy of a sixty (60) foot easement for access and utilities along the west side of Section 19. Planning staff has determined that this agreement, along with upgrades along County Road 13 section line, do represent a substantial change. Further, The board has previously approved a substantial change for the property which lies 1/8th of a mile to the north. That application used the same evidence for the substantial change. At this time I will be happy to answer any questions the Commission may have. Plat Checklist POC Planner IIIIIIMIN Comments Check Check Proper size and material 24"x 36"or 18"x 24"/Minimum 3 millimeter polyester sheet MII Lettering No stick-on lettering / Minimum 8 pt. lettering MII Boundaries of Lots Suitable Scale?(1"=200'or 1"=100') 1,-----. IM Accesses indicated Shared Access?If so,is easement Certificate included? Mil Roads labeled,including R.O.W r . Building Envelope(s) 1 Vicinity Map Suitable Scale?(Minimum 1"=2000') North Arrow Legal Description Notes from Planner/ '~ Development Standards 1.111111111111.1.111111 l� Conditions of Approval f , L. Owner's Certificate Notarial Certificate included?All owners must sign the plat, check the deed. Surveyor's Certificate and All surveyed plats Surveyor's Stamp Note: USR plats do not need to be surveyed Director of Planning Notarial Certificate included?(RE,SE, SPR,Final PUD if Staff Certificate Approved) r Planning Commission (USR,COZ,Minor Sub.Final) 1111 Certificate Board Certificate ) (USR,COZ„Minor Sub Final) --- (Final PUD,RE, SE&ZPMH if Board approved) Y Typical Road Cross Section (COZ,Final Minor Sub. and Final PUD) -- Please return the plat to the CAD Technician within 24 hours of receiving the plat. Planner on Call: (Initials) Planner Signature: Date: WELD COUNTY, COLORADO ULPARTMENT OF PLANNING SERVICES 4209 CR 24.5 LONGMONT, CO 80504 PHONE (720) 652-4210, Exr. 8730-FAX(720) 652-4211 DATE: /12 20 O3 RECEIPT 0 '25 3 RECEIVED FROM: NO. TYPE FEES 4221--E7SE 4221 -ZPMH ^�U ^'`4:1 • ..S.1/9" 4221 -USR 4221 -SITE PLAN REVIEW 4221 -COZ 4221 -PUD 4221 -SUBDIVISION 4221 -BOA 4221 -FHDP/GHDP E4430-MAPS/PUBLICATIONS J 4430-POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC. 7 9000 I 9 [� ,j ip O CASH CHECK NO: TOTAL BY: WHITE-CUSTOMER CANARY-FINANCE PINK-FILE WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES- 1555 N. 17TH AVENUE f" GREELEY, CO 80631 PHONE (970) 353-6100, EXT. 3540 - FAX (970) 304-6498 DATE: 20 0 / RECEIPTAss RECEIVED FROM: i NO. TYPE FEES 4221 - RE/SE 4221 - ZPMH 4221 - USR R 4221 - SITE PLAN REVIEW 4221 - COZ 4221 - PUD 4221 - SUBDIVISION 4221 - BOA 4221 - FHDP/GHDP 4430 - MAPS/PUBLICATIONS ` 3 4430 - POSTAGE 4430 - COPIES 4730 - INVESTIGATION FEE J 6560 R-EeORDING, MISC. ® CASH DFtHECK NO: / 73 TOTAL BY: WHITE - CUSTOMER CANARY - FINANCE PINK - FILE (it6 DEPARTMENT OF PLANNING SERVICES 1555 N. 17'"AVENUE GREELEY, COLORADO 80631 WEBSITE: www.co.weld.co.us E-MAIL: slockman@co.weld.co.us W�lk PHONE (970) 353-6100, 3540 FAX (970)304-6498 COLORADO October 21, 2003 Henry and Gillian Kelly 7505 CR 102 Wellington, CO 80549 Subject: Recorded Exemption (RE-3647) Legal Description: N2 of the S2 of the S2 of Section 19, T9N, R67W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Kelly: 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 should be reviewed by the Board of County Commissioners. This application is scheduled before the Board of County Commissioners on November 3, 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, A , Sheri Lockman Planner II a DEPARTMENT OF PLANNING SERVICES (lita1555 N. 17th Avenue Greeley, CO 80631 Phone(970) 353-6100, Ext. 3540 Fax(970) 304-6498 COLORADO August 13, 2003 Henry&Gillian Kelly 50151 CR 15 Nunn CO 80648 Subject: RE-3647 A Recorded Exemption located on a parcel of land described as N2 S2 S2 Section 19, T9N, R67W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria or if staff has concerns with the application, staff may elect to forward the application for review to the Board of County Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. If you have any questions concerning this matter, please call me. Sincerely, Sheri Lockman Planner FIELD CHECK inspection date:10/23/03 CASE NUMBER: RE-3647 APPLICANT: Henry and Gillian Kelly LEGAL DESCRIPTION: N2 of the S2 of the S2 of Section 19, T9N, R67W of the 6th P.M., Weld County, Colorado LOCATION: East of and adjacent to County Road 13 section line, west of and adjacent to County Road 15 section line and 1/8th of a mile north of County Road 102 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 entire area is dryland pasture. Many new homes have been built in the area. A new home is on the east lot. County Road 13 is a one lane road which has been significantly improved in the recent past. 2 • 4(4/1/7 Sheri Lockman , Planner II Wi � � APPLICATION FLOW SHEET `D COLORADO APPLICANT: Henry and Gillian Kelly CASE#:RE-3647 REQUEST: Recorded Exemption for a substantial change on previously denied RE-2491 LEGAL: N2 of the S2 of the S2 of Section 19, T9N, R67W LOCATION: West of and adjacent to CR 15; east of and adjacent to CR 13; and approximately 1/4 mile north of CR 102 PARCEL ID#: 0453 19 000007 ACRES: 80 Date By Application Received 8/12/03 Application Completed Referrals listed 8/13/03 SL Design Review Meeting (PUD) File assembled VAA Letter to applicant mailed Referrals mailed e3 - I3.03 Chaindexed I3 -0•3 Vicinity map prepared Field check by DPS staff Administrative Review decision: Date By County Commisioners Hearing Date (if applicable) Surrounding property owners notified Air photo and maps prepared CC action: CC resolution received Recorded on maps and filed / Overlay Districts Road Impact Fee Area: Zoning Yes No Airport Yes No SW Weld #1 #2 #3 Geologic Yes No Windsor Flood Hazard Yes No Panel# RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE RECEIPT/AMOUNT # DATE RECEIVED: ----1$ _ CASE # ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number d ® ® ® au EL (12 digit number - found on Tax I.D. information, obtainable at the Weld County Assessor's Office, or www,co.weld.co.us). Legal Description N2 5 2 S Z Section VA , Township a North, Range th] West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes_ No f is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes / No FEE OWNER(S) OF THE PROPERTY: Name: - - Z_'-k" 6 tL-u AC EL Or Work Phone # W1Oyrjair ? �. Home Phone # Address: 50 t �7c'k`11' 2te �tlr Email Address < � 1 ti I, Cv1oi ".ctd e' CLU 1. cowl City/State/Zip Code SO ' , t. PYtAtLitO DZC J C z LC Z APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany all applications signed by Authorized Agent) Name: Ps Work Phone # Home Phone # Address: Email Address City/State/Zip Code Smaller Parcel (Lot • Larger Parcel (Lot '�) Other Parcel f Lot ) Water Source (3-Lot RE / SE onTgr ' GPo5i;o ti,i L.' Lt. Exist. ( fli Lt. . IIIIIMIIIIM Type of Sewer 'r 4.+s • 3CPri1C S , Proposed Use Acreage lalinglill As W , g Existing Dwellings? Yes o No Ye(Circle one - if r No (Circle one - if Yes or No (Circle one - if Yes, Ii address below ) es, list address below ) Yes, list address below ) 50 /5:2 dC /3 4jct51 wds - 15 ,liiv✓j • If the property is vacant or unimproved write proposed water source and proposed sewer system for each parcel in the blanks above. For / Ilf rTaxample, if a well and septic is proposed state: proposed well, proposed septic. ti i (We) request that the following described property be designated a Recorded Exemption by the Weld County Board of County Commissioners. i (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of alt fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application:1f a corporation is the fee owner, notarized evidence must be included showing the signatory has to legal authorit f sign forihe corporation. ,..,, Lti" _ CO- 1' • t l ' C' .3 Signature: O or Authorized Agent L) Date +�c � ure: Owner or Authorized ent a -4- RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE#ASSIGNED: 4...siE- AiL 7 APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number El ® El a )❑ ❑- -00 ©- O❑ E (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). Legal Description N 2 i S 2 , 5 Z , Section VI, Township 9 North, Range 6"1 West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes No v" Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes /No FEE OWNER(S)OF THE PROPERTY: Name: l:A;2‘-k- 4 (x.11-uas. Kt:LLY Work Phone# &We Home Phone#C('fo.F-9'1. 2646 Email Address 1-1K llv)t nCotor zzhko@[ALLCowl Address: 57t5t WCtL 15 MAtt.JoJ( pportss 150$ C2 lc2- City/State/Zip Code f Uivt e l� D eutti4'CO, CO- E.'s°54c APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany all applications signed by Authorized Agent) Name: f0/f\ Work Phone# Home Phone# Email Address Address: City/State/Zip Code Smaller Parcel (Lot C3 ) Larger Parcel (Lot A ) Other Parcel (Lot (3-Lot RE/SE onfyr Water Source PQCeefo lA LL Exist- WE:Li. P\%/pc Type of Sewer Ptzocmi:0 StcVtC SYs.i uhn C Xt5T.SEpt G S`?S T eM Proposed Use PL51i)uQ-c CZLSl0Z7JCE Acreage 3 5 4 5 Existing Dwellings? Yes of (Circle one-if Y)or No (Circle one- if Yes or No (Circle one-if Yes, ll address below) es, list address below) Yes, list address below) '5C 15 l LOC-t2^ 15 • If the property is vacant or unimproved write proposed water source and proposed sewer system for each parcel in the blanks above.For example,if a well and septic is proposed state:proposed well,proposed septic. I(We)request that the following described property be designated a Recorded Exemption by the Weld County Board of County Commissioners. I (We)hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application:-lf a corporation is the fee owner, notarized evidence must be included showing the signatory has to legal authorit sign for'the corporation. k...,xx Lti - CU- g ,11,03 ( ,1/ tad.— /,�/ v{/1/�0 Signature: Owneror Authorized Agent Date ure: Owner or Authorized entC ' Laffi -4- RECORDED EXEMPTION (RE) QUESTIONAIRE . WATER SUPPLY a. Domestic Use : Water will be provided by a well (well permit# 250512 is attached) b. Irrigation Water : The parcel was purchased with no water rights. An engineered Septic system will be designed, constructed and permitted according to Weld County ISDS requirements. A copy of the existing Septic Permit and appropriate copies for lot A are included with the application. The parcel has one (1) house on it which is the residence of the applicant, along with two (2) out buildings. The property is not being farmed. The new lot will be approximately 35 acres in size and located east of and adjacent to W.C.R. 13 and the West boundary of the property. The property has gently rolling hills. The elevation of the property is higher at the east end and drops some 110 feet to the west end. The building envelope for Lot B is at the west end of the property with access via W.C.R. 13. There is no use by Special Review on the property. fie • r 2,224.11' c ro- 'I seevr�n 2944.22 mewx2 %c„ el E„--- MESS AND UT1l1N EASE-Mawr n z. I F¢9M SIDWELI.,RE E8D9842,A>'@L3p,gg\ Ic: ,m ....rasa./%K..,,,3 i / a IX� N.1/2 5.1/2. . �, _ o DROPOSE LOT�, �; sw.1/a, sec. /s a �Q : o ` .1 ^ o S.E7/�, SEC.Z19 B o PKOV05Ep LOT"A� h ij APPROX. 34 AC¢E,5 if, ` ,...,,... _ , APPROX. 45 ACDE5 S� ' a I i4 I, IIds ..:ma n sl WI g O 'al li is 2,221.4/c' xeeir,r. I ...ru..../v.Lc.., ,.� w9.�.. 2939.92' "^^''.. WW stcA,cc ,_., — I WELD COUNTY 2D, los l-IENLY 4;6,1LLIAN KELLY PROPOSED DIVISION 6 6T10 N 19 WELD COUNT`( - COL-0 CA 00 J6A1.,E : 1" '400' MAaCH 3, W03 Road File#: Date: e- t t 03 RE# : Other Case#: Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970)356-4000, Ext.3750 Fax: (970)304-6497 1. Applicant Name (r1 l R-`•( 4 6„.O Ii LL'( Phone `x-10 - 1)4;1- 2(j,Lt c, Address 501'5 1 C. 1, City UVIJk State CO . Zip pcF48 %Aim Uli . 1505 CP tot I,2CLLtOCroL' CO- t",Cc5L1cl 2. Address or Location of Access t5 wc(L 15 WErLLi04T00 , O• Section 161 Township ct 1J Range 07 W Subdivision s7/A Block C/A Lot L //- Weld County Road #: 15 Side of Road w csT Distance from nearest intersection AC-.C'FT. 3 t rtsT g V-1- 3. Is there an existing access to the property? Yes ✓ No #of Accesses e v is 4. Propo d Use: (Permanent Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other 5. Site Sketch Legend for Access Description: AG = Agricultural ate- RES = Residential 1e Q L_ O8G = Oil&Gas D.R. = Ditch Road = House O = Shed Se=cnoN�i9 M Ni LOT 13--..\\CC..! 1.DT A� P(LOGO5E0 HousE — f EXI sT NG HOUSE OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title: CERTIFICATE OF CONVEYANCES WELD COUNTY -7- DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue, Greeley, Colorado 80631 Phone (970) 353-6100, Ext. 3540 - Fax#(970) 304-6498 APPLICATION FOR SUBSTANTIAL CHANGE Application Fee Receipt Number Case Number Receipt Number Zoning District Application Checked By Planner Assigned to Case TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures). N/2, S/2, S/2 of Sec. 19, Legal Description: T9N, R67 W of 6th P.M. Total Acreage: 80 ac Zoning A Parcel Number Q35_ jJ, j _a_11_0_Z(12 digit number-found on Tax I.D. Information or obtained at the Assessor's Office). Case number under which you are requesting the substantial change: RE 2491 FEE OWNERS OF PROPERTY Henry W. Kelly and Name: Gillian E. Kelly Home Phone# 897-2646 Work Phone# 667-6286, ext.229 Address: 7505 CR 102 City/State/Zip Code We]li ngton, CO 80549 Applicant or Authorized Agent: Phone# Address: City/State/Zip Code Name: Home Phone# Work Phone# Address: City/State/Zip Code I hereby state that all statements and plans submitted with the application are tru-.: d correct to the best of my knowledge. Sign- ure: Ow '"'uth• zed Agent By: Lucia A. Liles 5 SUBSTANTIAL CHANGE QUESTIONNAIRE EVIDENCE OF SUBSTANTIAL CHANGE • Since the time of the applicant's original application, the section line roads in the immediate vicinity (WCR 13, 15 and 102) have been upgraded by the property owners in the vicinity, either as a condition of an approved Recorded Exemption, or in cooperation with other property owners, including this applicant. WCR 15 and WCR 102 have been straightened, widened and regraded within the last year. This applicant has applied road base to WCR 15 from its intersection with WCR 102 north along the applicant's frontage to the northern edge of the applicant's property. WCR 102 has recently had road base applied to make it an all weather road. The applicant has and is participating financially, on an equal basis, with the other area property owners in the upgrading and maintenance of these roads. WCR 13 has been straightened, graded and has had road base applied. Maintenance of WCR 13 is ongoing and the applicant participates financially in this work. • The applicant would be willing to upgrade and maintain the right-of-way of the section line roads adjacent to his property if required by the Board of County Commissioners as a condition of an approved Recorded Exemption. • This applicant has been granted a permanent 60-foot wide easement for access and utilities along the west boundary of its property (the WCR 13 section line) by the former owner of the section. This easement will provide direct access from the proposed Lot B to WCR 102 (for travel east to Nunn) and to Larimer CR 66 (for travel west to I-25, Wellington and Fort Collins). A copy of the recorded Access and Utility Easement is provided. • The County has recently approved two other Recorded Exemptions in this half section (RE-3221 approved December 20, 2001, and RE-3482 approved February 3, 2003) based upon upgrades to the roads and proof of legal access via the Access and Utility Easement along the WCR Road 13 section line. ■ LILEY, ROGERS Si_ MARTELL, LLC • ATTORNEYS AT L A W April 8, 2003 Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 Re: Application for Substantial Change Previously denied application: RE-2491 Dear Planners: On behalf of Henry W. Kelly and Gillian K Kelly, owners of an 80-acre parcel of land in northwest Weld County, please process this request for permission to apply for a Recorded Exemption based on a substantial change in the facts and circumstances regarding a previously denied application (RE-2491): • Application for Substantial Change (original and 25 copies); • Evidence of Substantial Change (original and 25 copies); • Map of previous proposal and map of new proposal (original and 25 copies of each); • Copy of the recorded deed to Henry W. Kelly and Gillian E. Kelly; • Affidavit and names and addresses of surface owners within 500 feet; • Affidavit and names and addresses of mineral owners and lessees; • Check for $20 to the Clerk to the Board to cover publication costs; and • Check for $200 to the Department of Planning Services to cover the application fee. LUCIA A. LILEY • JAMES A. MARTELL U TODD W. ROGERS THE PETER ANDERSON HOUSE 0 300 SOUTH HOWES STREET • FORT COLLINS, COLORADO 80521 TELEPHONE_(970)221-4455 • FAX_(970)221-4242 e Department of Planning Services April 8, 2003 Page 2 Please schedule this request for consideration by the Board of County Commissioners. If you have any questions or need additional information to process this request, please feel free to contact me. Sincerely, LILEY, ROGERS & MARTELL, LLC By uci A. Lil LAL/jpk Enclosures Pc: Hank and Gillian Kelly 1so 1 fill 111111111111111111II11 III 111111 MINI 1111101 2809842 04/30/1998 03,47P Wield County CO 1 of 2 R 11.00 0 0.00 JA Suitt Tsuksnoto ACCESS AND-UTILITY EASEMENT The Grantor reserves, grants and conveys to owners their heirs and assigns forever a 60 foot easement for access road and or utilities. Said easement to be 60 feet in width and be located along the entire West 60 feet of the South V2 of Section 19, Township 9 North,Range 67 West of the 6th P.M. Weld County, Colorado. Said easement to be for the use of all owners and or assigns in West''/1 of Section 18 and all of Section 19, Township 9 North, Range 67 West of the 6th P.M., Weld County, Colorado. h.d-1/7 Grantor Owner of the South ''V2 of Section 19,T9N, R67W, of the 6th P.M. v7 )y, )99/ Date 7.110z 3NINNV1d U13M 8669 60E OL6 YVd 6i:6T ZO/90/60 I VIII 11111111111 HIM 11111 MINI III INN 1111 II1I 2809842 04/30/1998 03:47P Mold County C0 ` //�J _��� 2 of 2 ft 11.00 0 0.00 JP Sukl Taukameto STATE OF liPlm�*�^� as... COUNTY OF LOW ) /J The foregoing instrument was ack owledged before me this o?7 day of �� °J , 1998 by dgi)f,U P. S wea�d ...... „1, ,„ "•pa de '•w Witness my hand and official seal. M(y commission (/expires: ���a$' '1D�[ 0 ^ ,u,10., • a. NOTARY PUBLIC f.00 QJ 9NINNV"Id 0 aM 8669 tOC OL6 XVd 6T:6T 20/90/60 n Fre wows- Propsa / em RE — Dcf9/ I`eQues' ccv I`eCOtGII Eie Ipas,. "are v .Coa. G)Ii E I c'za Leo-4y KeIIt.iir con v I a N ��� `����) c�S'^ o� 19, T q it R �71� of & P 1'1 v -c ¢ ,¢ . ' Gc. Dv--s t, cs Ca 3 �� �rcD r► w i oe\O A rte-- 2 a4v _ - 1 E - 3, O3 c0 - Lot /i _ 3ygcrtng I lot B' VC. AcAes M I Jp , �i e. i1 v i , t"""""om _ _ . d 1 ,11. r �� 1w� p+JJcd kn 'VnerotleJ Sec- ,„ J w� Qa�uc't� sea`e I "= 89o ' WELD COUNTY ROAD NO. 13 NOV4B'03'E 687.74 . - - - -�7-- 1'� - - - - - - - - - I L • .KK 171 liiiiii $J$ eWI V $J ilt > v 3R a O It r1 A O n c , ,v 1v O UN I- 4 O3 Pa X 7l r : N C.1 ra4 .p W N ° J S _ p g o r � m 3. ' fl Nz n ' - -I G r 0 pa, g t .---_ ------.m.. . .mom___.._- ______ ' '*Z • 'IA A N mvi 8i r 6a - c� po NOI'48703'E bv5.29' C -i -K VI 0 0 1`T � D 1 O ILus a G k. ril G p O ..< O G AN Q � O N z 5 8 E 2 r m ; IN INa Z r ! a# . a . 9- W a -C aar, in ,gB .i ar, . At., C agQ I ""p 1� 1 / Vri — 502R7'15'W 662.05 WELD COUNTY ROAD NO. 15 P . REFERRAL LIST NAME: Henry&Gillian Kelly CASE NUMBER: RE-3647 REFERRALS SENT:August 13,2003 REFERRALS TO BE RECEIVED BY: September 10, 2003 COUNTY TOWNS and CITIES Attorney Ault _X Health Department Brighton _Extension Service Broomfield Emergency Management Office _Dacono Sheriffs Office Eaton _X Public Works Erie Housing Authority Evans Airport Authority Firestone Building Inspection Fort Lupton _X Code Enforcement Frederick STATE Garden City Division of Water Resources Gilcrest Geological Survey Greeley Department of Health Grover Department of Transportation Hudson Historical Society Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey Division of Wildlife: LaSalle Loveland Lochbuie _X Greeley _Longmont Division of Minerals/Geology Mead FIRE DISTRICTS Milliken _Ault F-1 New Raymer Berthoud F-2 Northglenn Briggsdale F-24 Nunn Brighton F-3 Pierce Eaton F-4 Platteville Fort Lupton F-5 Severance Galeton F-6 Thornton Hudson F-7 Windsor Johnstown F-8 La Salle F-9 Mountain View F-10 COUNTIES Milliken F-11 Adams _X 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-9 Greeley Ditch Company Longmont West Adams D AUG 15 2003 I WELD CJUN: PU!'_'C YfCP,r+-: DEPT C Weld County. Referral COLORADO August 13, 2003 The Weld County Department of Planning Services has received the following item for review: Applicant Henry& Gillian Kelly Case Number RE-3647 Please Reply By September 10, 2003 Planner Sheri Lockman Project Recorded Exemption of a substantial change on previously denied RE-2491 Legal N2 S2 S2 Section 19, T9N, R67W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 15; east of and adjacent to CR 13; approximately 1/4 mile north of CR 102. For a more precise location, see legal. Parcel Number 0453 19 000007 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. icSee attached letter. Comments: Signature da4derg q- it p Agency lj�b.cd 6/s-Saai Date +Weld County Planning Dept. ❖1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax Weld County Plarriinr , ,nt GREELEY 1v SFR 1 2 1001 MEMORANDUM RICE i TO: Sheri Lockman, Planner II DATE: 9/11/2003!�C FROM: Donald Carroll, Engineering Administrator ,aa/! O SUBJECT: RE-3647, Henry & Gillian Kelly COLORADO The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are as follows: COMMENTS: WCR 13 is designated on the Road Capital Improvement Plan in the County Wide Impact Fee Code Ordinance, Section 20-1-30, as a section line road. The road is NOT maintained by Weld County. Pursuant to the definition of SETBACK in the weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback measured from the future right-of-way line. WCR 15 is designated on the Road Capital Improvement Plan in the County Wide Impact Fee Code Ordinance, Section 20-1-30, as a section line road. The road is NOT maintained by Weld County. Pursuant to the definition of SETBACK in the weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback measured from the future right-of-way line. REQUIREMENTS: The Weld County Public Works Department recommends approval of this application. The applicant shall utilize the existing access to this parcel. (Lot A) The applicant shall indicate specifically on the plat the type of right-of-way/easement and indicate whether is dedicated, private, or deeded to provide adequate access to the parcel. Section line accesses are considered private lanes with no county maintenance. (See the recorded Access Easement #2609842 -- 60-foot right-of- way, WCR 13, Lot B) Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. pc: RE-3647 M:\PLANNING\RE-1.DOC Road File#: 15. Date: e- t l-C/2) RE#: `/� Other Case#: Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970)356-4000, Ext. 3750 Fax: (970)304-6497 1. Applicant Name (r1 t.:A:K`f C-t t LLl L' K-t LL"t' Phone tic - re•R`1- 2N ate Address 5O t:ai l C. L C.E . (SI City 1..70 01.5 K1 State C . Zip FC &48 tivt,ltLi1J< '75O5 CR- 10 z, IA°LLcIUC'e=01. CO- Y',C5 Ll1 2. Address or Location of Access 45 w C IL 15 ►JC n)i-'/W L LLi on'0 V eo• Section 101 Township ei ►i Range C 7 'W Subdivision t.'(M Block t.7A Lot i3/k Weld County Road#: ti U Side of Road to esT Distance from nearest intersection AC C'FT. 3 L RSA [LIYT 3. Is there an existing access to the property? Yes ✓ No #of Accesses c G 4. Propojed Use: IW Permanent Residential/Agricultural 0 Industrial ❑ Temporary ❑ Subdivision ❑ Commercial 0 Other 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential c`Q' to 4 O8G = Oil&Gas D.R. = Ditch Road D = House O = Shed 5C-6.110N11 U) M a Ni CY tin 15—‘. 1.oTAc PR,)VU5ti 1) Nc;u5L -- -- -- -- xisrit>/', uousE c:.l?. iO2 OFFICE USE ONLY: Road I' ADT Date Acc' ents Date Road I'S` ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title: CERTIFICATE OF CONVEYANCES WELD COUNTY -7- SEP-02-2003 13:20 FROM- T-281 P.001/001 F-890 47'11"t 164; AP en 520 C . Weld County Ref- 1 I COLORADO August 13, 2003 The Weld County Department of Planning Services has received the following kern for review: Applicant Henry& Gillian Kelly Case Number RE-3647 Please Reply By September 10, 2003 Planner Sheri Lockman Project Recorded Exemption of a substantial change on previously denied RE-2491 Legal N2 S2 S2 Section 19, T9N, R67W of the 6th P.M.,Weld County, Colorado. Location West of and adjacent to CR 15; east of and adjacent to CR 13; approximately 1/4 mile north of CR 102. For a more precise location, see legal. Parcel Number 0453 19 000007 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find/nJo conflicts� with our interests. gi See attaehed-1ettmr. centCe c r5 6e a-z3 Comments: n bd Q Lcr�.j/ 2�e e�to i / { � � a-e-er-m ew-pac ('p � /x//21'& ta-�>Q tIo t •�2.v I�cnp !AL_Ze_y_ r j...Q C'!'-*cam trs e� CAD .,, 1.-ta.vle / -cr r-.Le .v(5 Le'/.c.t u_ -( t e- Co � � c, /L#cJ . Signature % _4 C� c... s<, p_5 Agency y4`�.t�s,t_ i en.c.01 �.� ,c�,�c/ ..l en. Date •:-Weld County Planning Dept -)1555 N. 17th Ave.Greeley,CO.80631 ^(970)353-6100 ext.3540 1-(970)304.6498 fax Memorandum 1 TO: , W.C. Planning, Sheri Lockman DATE: September 5, 2003 COLORADO FROM: Deborah Blandin, EH Services CASE: RE- 3647 APPLICANT: Henry and Gillian Kelly Environmental Health Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed home septic system(s) and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Additionally, please note the following: 1) This application is proposing a well(s) as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. M:\ENVIRONMENTAL HEALTH SERVICES\PLANNING\RE-3647.rtf co, C.p Weld County Referral COLORADO August 13, 2003 The Weld County Department of Planning Services has received the following item for review: Applicant Henry& Gillian Kelly Case Number RE-3647 Please Reply By September 10, 2003 Planner Sheri Lockman Project Recorded Exemption of a substantial change on previously denied RE-2491 Legal N2 S2 S2 Section 19, T9N, R67W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 15; east of and adjacent to CR 13; approximately 1/4 mile north of CR 102. For a more precise location, see legal. Parcel Number 0453 19 000007 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan �'• We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: D ^ C5Yl ttme 1i) l (`l��C Tli`t I.CD Vic. (,rm-FNtx'e rJ YYl v°t6lCoin U c . nc}ed . Signature .%r I?"fp?" Agency ? .nk , C , , i a Date +Weld County Planning Dept. +1+1111155`5 N. 17tth'Ave. Greeley,CO.80631 {•(970)353-6100 ext.3540 +(970)304-6498 fax Weld County Planning Department GREELEY OFFICE AUG 1 9 2003 ' RECENED CWeld County Referral COLORADO August 13, 2003 The Weld County Department of Planning Services has received the following item for review: Applicant Henry& Gillian Kelly Case Number RE-3647 Please Reply By September 10, 2003 Planner Sheri Lockman Project Recorded Exemption of a substantial change on previously denied RE-2491 Legal N2 S2 S2 Section 19, T9N, R67W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 15; east of and adjacent to CR 13; approximately 1/4 mile north of CR 102. For a more precise location, see legal. Parcel Number 0453 19 000007 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑��We have reviewed the request and find no conflicts with our interests. ,�J See attached letter. Comments: Signature 4474 g-ts--Q3 Agency Wdd Re- R ah obis Date +Weld County Planning Dept. ❖1555 N. 17th Ave. Greeley,CO.80631 ❖(970)353-6100 ext.3540 +(970)304-6498 fax August 29, 2000 Weld RE-9 School District with district offices located in Ault Colorado has adopted a methodology to determine the in-lieu payment for residential dwelling units sufficient to provide adequate educational opportunities to new residential developments. The School District Methodology has been developed in a manner so as to fairly apportion the cost of acquiring school sites made necessary by residential development. The total in-lieu payment per dwelling unit is $759. Payment should be hand delivered or mailed to Weld RE-9 School District, Box 68, Ault, Colorado 80610. A receipt will be mailed to the party requesting the exemption and a copy to Weld County Officials. Please direct any questions to Dennis Scheer, Superintendent of Schools, 209 West First Street, Ault, CO 80610. * 1'N • " it -j t $ ::••:::::,:1••-J :-.4.::',!,•--,-,1'f,•01•:-.W.- ...,,L,..,,-„: f P Y Z x•1 • $ JP''i i sf t ,i • , „ I„.^ � . z y*. n 1r y s ,� a b 1 r x ??' R f 1;,,, F • .ItIf 'G S fi F , �'S°v} a z hp BSI • 'II YC S F "• tJ•=o TX �� R yo- E df �t "2 ,. N- x t v -Z 3.: : ,R n a4 • . K y k 3 i. wit It 1 x r t z tas .''. I. ir ''I �rbaaw� S.b11'11:4!",';•''';'-114-'•: d 3e� f �� ^tt ,fix , -� i../.??.:PIT e q d _ 5; FAA» 1 i +;gyp a Fg- t tt KEG g.r 'C r autF ,4 . _. �x r q • �%'H t fi 4j • - � fa'� er • ( iii f • $ t I' ,I x • ti • w 3 {. s • }s mss ` a k Y ( M!'.. figs•k �` a a� t �t41-� • 'r ;1 ,, .F DES \ { `: N F F r app F:. F ggII • K I �?L �y, `�r .; F p Y. '4: R d - e 3 ,....':-.„,,,i...•• •.!'-.-.. lY A # ! f xari' a1' • E :L' A5'a)"• aai ° sc. ' `p .! k; . try- ;i . i� �„'+..'° - �) � ' V-Nr4 i;:t a fb: 411! err a Y .- ' ' _ r x -� x 4 mL-0.':„Q['!" ,{ Y •-• NYC Ei Y t ik 3'" { ... l .-t, �:, �t 'i. • [ * - - '--- , S' 'g 1} n.+,: b " - 1 • "'''4:4''.-4-, ;'i '-� ._ fi „n^ rii"„ :. >aIr''F .:•,-. +...x,,,k,,,. an y= •2 ,... ,pp. • Y. � tt4� �� > s •si yy,.��KK N I l�, { • .GSM• fAi'9 $A 7" it +s':;bd.- a ! 'J, N' - r F g'II'.. " .fi1 .C• L hY..S ", ...,,,'•••:d-,.. ::..h 'Isiah' . ri()3 111111111111111111111111IIII IIIII 111111III111111111IIII 2611793 05/06/1906 03:04P Meld County CO 1 of 1 R 6.00 0 6.75 JA Saki Teukamoto WARRANTY DEED THIS DEED, Made this 4th day of May, 1998 between Bryan R. Sidwell of the County of Weld and State of Colorado, grantor, and Gillian Elizabeth Kelly whose legal address is 59 Beckwith Road, Killingworth, Connecticut 06419 of the County of Middlesex and State of Connecticut, grantees: WITNESSETH, That the grantor for and in consideration of the sum of SIXTY SEVEN THOUSAND FIVE HUNDRED AND 00/100, ($67,500.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey end confirm unto the grantee, his heirs and assigns forever, all the real property, together with improvements, if any, situate,lying and being in the County of Weld and State of Colorado, described as follows: The N1/2 of the S1/2 of the S1/2 of Section 19, Township 9 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. ODU also known by street and number as , , Colorado I6W TOGETHER with all and singular the hereditament' and appurtenances thereto L'I5belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, i and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of in and to the above bargained premises, with the hereditament' and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, hie heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seised of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes for 1998 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable p ion of- the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. A:Led Bryan R. Sidwell STATE OP COLORADO } SS. The foregoing instrument was acknowledged before County of Larimat me. this. 4th_ day of May, 1998. by Bryan R. Sidwell Witness my hand and official seal. My capm 'lessioonn Q /� / expires /%73--,...24%/%73--,../%73--/%73--,...24%i/ NOTARY PUBLIC 1295 Main St. No. 932A. Rev. 7-84 Windsor, COLORADO 80550 rAM t EL 1. Notary Public tlic Sta!s of Coloraeo •08/12/03 09:06 'i2970 0r" 6298 LANDMARK ENG. ^ I?)003/011 STATE OF COLORADO o EPARTMENT OF PLANNING SERVICES COUNTY OF WELD The EMPIRE TITLE TITLE INSURANCE or BSTRACT COMPANY herebycertifies that ithas made a careful search of its records,and finds the following conve, noes affecting the real estate described herein since August 30, 1972,and the most recent deed recorded prior • August 30, 1972. • LEGAL DIPTION: THEN 1 2 CROF THE S 1/2 OF THE S 1/2 OF SECTION 19, TOWNSHIP 9 NORTH, RANGE 67 WEST OF THE 6TH P.M. , COUNTY OF WELD, ST•Tt OF COLORADO CONVEYANCES(If none appear,so state): • Reception No. 1580252 658 k 2U"LUL Reception No. Nook l R4 Reception No. 2606293 :bok - Reception No. 2611793 :ook RO'L Reception No. 2Q-3 t ook none Reception No. :'•ok Reception No. :ook Reception No. =ook - The certificate Is made for the use end benefit of then Department • 'Planning Services of Weld County,Colorado. This certificate is not to be constructed as an Abstract of Title nor h opinion of Title, nor a guarantee Title and the liabilityof FMPTRE TJTLE COMPANY,I hereby limited to the fee paid forthis Certificate. In Witness Whereof, EMPIRE TITLE Crr MPANY,ha s thhlIe�certificate tobesigned by its proper officer this 4TH day of AUGUST _,20 t 3 at o u A. Carman E" RE TITL Authorized -ignature j I - "rt.,. .'we°,r ': t !!ea' ""' f--` ono-cl `l r ' a ...., � a DEC 14 WI 1 5 IM r . .. sa 1 W .DIRE, ,era Mc 1 • THIS DEED, made this 2nd day of November. 1971, j,, oNDe9rei$eivFa o F. A. SIDWSLL AND SONS. INC., a corporation duly organised and eneteni co tr. under and by virtue of the laws of file State of Colorado, of the first part, andre • ... HAROLD SIDW6tS, INC.of Weld County, Colorado. a cognation orgasii$and '; .^„ existing under and by virtue of the laws of tea State of Colorado, of the second w Pat: ya ,.-. . o WIT NES SETH, That the said party of the flat pan, for and hi oonsidetstba v I. o of the sum or Ten Dollars and other good end valuable consideration to the said e party of the first part in hind paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged,has granted,berninsd, f sold, and conveyed. and by then premntn does pant, bargain. sell,convey, i t aid confirm untu the nrd party of the second pan, its nmoeasraand assigns ,,,r y: .. revr fo , all of the following desr or ibed lotparcel of land situate. lying, sod !!.tR I-,: IS being in to County of Wald and Suite of Colorado, to-wit ` 1-" All of Section Five 0)=COPT*two-acre treat, more or lees, described as beginning at l .Northwest corner of Section Five (M, Township Nina North 0 9 N), Rage Sixty-Sls Want 0 66 W)of the Sixth Principal Meridian(S F.Y.),, throe Dist along the Noah Lino of said Section five (S)a customs of Seen 8aadrad amp ant ;apl 0-760')to the Tree Point of SapeNnp, thew*South Slow Nunn feet 0-7007. these Dist Two Hawn Ninety feet 0-111')PPS" to the North Line of said Section five M, Wawa North Tine Hissed I=, Pest(14069,thorns West Two Ninety feet'(W-211')along the Nanh Ilse of se i Section Five M to tar Ten Point of 6agisaing, in .4.'11 Township Nine North(TIN), Reno Sixty-Rt West 0 K W)of the - , math Principal Median(S P.M.), la WNM'County, Goads: ii All of Section 9oonty-Moe 091 and au of Section Thlrty-'M(72), all in Township Ten North(T 10 III, Ramie Nag-lift West.(R 66 W) tl of the Sixth Principal Mennen(6 F.M.T. In Weld County, Coirado.. . All or Suction Nineteen(lei and to West Half(W%)d Section s' Eighteen.(* ). all In Township Nine North(7 9 N). gangs Sixty-Seven ,y Wan St 67 W)of the Math Principal Meridian 0 P.M.), 1n Wen c Cottety. Colorado. -Sf IcarHEE vita all and singular the bereditaments and appetenanns -" ttrrwnto belonging a in anywise apgWiaing, and the reversion and Tearsbne• remainder and remainders. rays, talons ad profits thereof;end all tihe n ate. right, title, Into es. claim, and demand whetstone of the.said"piety of tin first Pert. MWar in law et equity. of,.in,and to the above-bargained premises. with `(l' t the hereditament,end appurtenances.. - + 11 TO HATE AND TO NOW the said premises above bargained and described, �44, with to appurtenances, unto the said party of the second pan, Its successors sa and assigns forayer. And the said patty of the first pert, fa itself, its nncnsora end aliens, does covenant, gnat• bargain, and agree to and with the Mid party of the second put, its-successors'and assigns..that at the tin_of the eMealing AR2055202 + 11'1114 REC 02055202 05/29/86- 10:23 $6.00 1/002 F- 0921 MARY ANN FRUERSTEIN CLERK i RECORDER WILD CO,,CO fl' Harold Sidwell, Inc., a Colorado Corporation, whose address is 54286 Weld County Rd. 27 Carr, Colorado 80612 _Carr, 'Weld ,and State of -. Colorado ,for the consideration of other good and valuable consideration and TEN ($10o..00) Dollars,in hand paid, herebyaef(s)and quit claim(s)to Herold P. Sidvell and' 41411245.121d4511 ;il joint tenants, s 8 Weld County Rd. 27 aunt onlorada 80622 and State of ,the following y r Neld Colorado nR.rRal property,in the County of Weld .". ".and State of Colorado,to wit. See Exhibit A attached horsto and incorporated herein by reference. x also known as street and number with all its appurtenances Signed this 29th day of Nay .19 86 Harold 8ldyall,_ Iar.- - a Colorado Coryor,ttoa -r ,.. Attest>P41? 4 _ Dy' n'ivyde Marlene K. Stilwell, Secretary Harold r. Sidva esident .` .;.. STATE OF COLORADO, - �I ( County of WELD laa ,��. The foregoing instrument was acknowledged before me this 29th day of may ,19 86 ,by Harold P. Kidwell, President 4; Marlene K. Sidwell, Secretary of Harold Sidwell, Inc., a Colorad Yyeommiwioeoxpires 04,.29-89 44 :1.x.. Witness my hand and official spa Adell L. Coodridge �'v . • ,t y - 2436 11th &enue Gres •,,.ss 718.1111. Wrtrumoaau-wxnw.- rare Matra MSS ata.,..,y,.r,mru_,a„_u4.0_.n. , . B 1114 DEC 020552012 05/29/86 10:23 $6.00 2/00 • P 0922 MARY ANN PEURRSTRIR CLERK I RECORDER NNW CO,;CO t• EXHIBIT A. NEAL ESTATE LOCATED IN WELD COOTNY, COLORADO TOWNSHIP O EOItTH, RANGE 64 WEST of the SIXTH P.H. e.. Section 6: All, Section 7: NI. Section E: SWI. TOWNSHIP 9 NORTH, RANGE 64 WEST of the SIXTH PM. Section 31:411 SWy. TOWNSHIP 9 NORTH, RANGE 66 WEST of. the SIXTH P.N. • Section 5: All, except a parcel described as follows: A two acre tract, more or less described as beginning at the Northwest Corner of Section 5, thence East along the North line of said Section, 6 distance of 760 feet to the true . . point of beginning, thence South 300 feet, thence East 290 feet parallel to the North line of said Section, thence North 300 feet,' - thence Nest 290 feet along the North line of said Section to the True Point of Beginning. TOWNSHIP 10 NORTH, RANGE 66 WEST of the SIXTH P.M. Section 29: A11. • Section 32: Ail. TOWNSHIP 9 NORTH, RANGE 67 WEST of the SIXTH P.M. Section 18: WI. Section 19: A11. TOWNSHIP 10 NORTH. RANEE 67 WEST of the SIXTH P.H. Section 12: Si- . 2�082�!11111/1111111111331:4I!lIII lddCo uun ty1C�ill!���� — _• q3 4000203 04/14/1111 03:44P Reid County CO 1 of 1 R 0.00 D 0.00 JR Sukl Tkosete — —R,nmdee w WARRANTY I)F.BD TINA DRkD,awl.w. 13t lay ar April • n 911,k.,,,, HAROLD I.. BIDWELL and MARLENE K. Si LL .ram .0,„41,4. Weld and sore a • - ram.y,pow.lad BRYAN R. SIDWELL ahw libel sl a a Is tithe tnwlyit Weld WITIONArIL mm tic a.m.kw.th.a nasielemhm niche.wl.t ..a semara�..ea.matey: One dollar and other valuable considerdtl lIIDAxs, (with so l.11wue sod sufficiency vn:•k ielie.hr.ek.,..ledp ...Ie.hiepn. .h.W. w begonia,. em,elw...l by w.pa..sawllw h.nm.+en. n.tt.ti.hin.ml troths wa.Mrag nW Pa'tya ithe with lwgw.cwna.If miy.u,mu,I)tµaahaly lathe L'mmyN Weld nod;flan of(Shaba Jeweled m hdNwt The S1/2 of Section 19, Township 9 North, Range 67 West of the 6th F.M. , County of Weld, State of Colorado • • as hest by am rid emawr. Imevl wheat mescal mwtm • TDI:EiuEa stn eul are owlet d•.':kmdimwaa mm ypno.meu Ammo belmyim.urin arum cTen.Sl ..gal n.mv+,iw.d me i ns.mint*and m..imin.w..Issas and Fat Mnd...l JI Ow enc.n0..MM.interim.chi.and demand shames el the masa.either in bee ntPlky.at in and loll..l..wbesmen dpion..wtdyhe dmwm..awlyrpe,.mnce,. N mot ANn TD'loin 1kv midp..ia.bow Wpahed mad Saws it al.wii the lapae.alvtu.ante W pn.we.hs balm end waifs imam.Aditmerumt for linnet hh helm.end lo aI np ceaMlins.dots mama.Ream•barpm,md.pwam.M.ph Os snob ha Nn ad • ae.ym Mal mete humor Met alk%End de.Iiwry olMoelaaamt.lie nawll,erminl Mc pemismah.wnmayed.hmmu.4 eme.who.absolute and mletamee.l.mNLMak.as.it law.is by ai.,ll.adW pmddpe.lull power end Mw,t,aymasy Inp0n,.napalm,selladewwaomu sem In~rex teal hem m.fu,ea.id.sad Ili t ee same am has.ad clear Mml NI hater aW.awe rimss boasts.man.lima.taws assessments. eayn4aan aril assumes of vaatne kind a nature toner,nap TMpata Stalled will NNRRAlnANDWREWIR DEWAD1k,th w.YtYNN ps,iau es naiad Re.d4 mmemienuf'hearsay. Ii.beneadsealMS .m all mil MUMMus tellemema lnfalHelatigte*hlhaaaymmfat*it T he dnadrn,wh.Yall leldetb pleat II.pled ilia sip t middy mm et my rem shall he applicable in 41 wadan. IIN/'WI W a WITIMEOv dm Assam has emaY tm dead an Yy my ke dile lb abuts/ (Le; , 7 HAROLD P. BIDWELL NM N. SI LL MALI of COLORADO Calm ar WELD U• The fatpd.p lmoaeen raasmaedped bur ere me it, 13` dew April .19 98. HAROLD P. SIDWELL and MARLENE A. BIDWELL • 0103.jD",,, Mymem WSW aspires 'e-7 ,ng`t{.Muth my hand.s animal seal. (J./11 .•. ,�, 41,7 V ;L, Ii •-.' 9'.S,, c IN`I,0 • •IinrM ...lawlrcity mN- •.. ,bmN aasWetit iimvemaewmasmsuegrl vestal.elaa)aaka:a y —.._ Ns Walla ad. yueaf A lIf berm .a. M msp. m o En .. .-...: —... rRatw+i.k MO mmna•fkmnCeiai—tai'lfasm—ae MAR-01-02 FRI 06:23 PM EMPIRE TITLE LARIMER CO FAX N0. 970 282 8717 P. 05/05 I IIIIII 111111 In IN III I111111111111 501 R 2091801 09/08/2002 02: R, 1 of 1 R 8.00 II 1el JA n T+uNamolo 0.00 Weld County CO — Recorder QUITCLAIM DEED Tills DEED, made this 1st day of March, 2002, between GILLIAN ELIZABETH KELLY of the *County of WELD and State of Colorado, grantor(s), and HENRY W. KELLY and GILLIAN E. KELLY,as joint tenants whose legal address is 50151 WELD COUNTY ROAD 15,NUNN, CO 80648 of the County of Weld and State of Colorado,grantee(s), WITNESS,that the grantor(s), for and in consideration of the sum of ONE DOLLAR ANI)OTHER GOOD ANI) VALUABLE.CONSIDERATION,the receipt and sufficiency of which is hereby acknowledged,has remised,released, sold and QUITCLAIMED,and by these presents does remise,release,sell and QUITCLAIM unto the granlee(s),their heirs,successors and assigns forever,all the right,title,interest,claim and demand which the giamnr(s)has in and to the real property,together with impwvemenls,if any,situate,lying and being in the said County of WELD and State of Colorado,described as follows: THE NI/2 OF THE 81/2 OF THE SI/2 OP SECTION 19,TOWNSHIP 9 NORTH,RANGE 67 WEST OF'1'HN; 6"1'11 P.M.,EXCEPT THAT PORTION GRAN'TRD TO THE NUNN TELEPHONE COMPANY IN EASEMENT GRANTED NOVEMBER 25,1998 AT RECEPTION NO 2656052.COU,N'l'YY)F WELD,STATE OF COLORADO. also known by street and number as:50151 WELD COUNTY ROAD 15,NUNN,CO 80648 assessor's schedule or parcel number:7780899 TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges therewith belonging, or in anywise'hereunto appertaining,and all the estate, right, title, interest and claim whatsoever of the grantor(s),either in law or equity,to the only proper use,benefit and behoof of the grantee(s)their heirs and assigns forever. IN WITNESS WHEREOF,the granlor(s)has executed this deed on the date set forth above. PI Pr• . IA IZAB Lb STATE OF COLORADO, County of-WEE& Athoe } as. The foregoing instrument was acknowle ged bef rc me this ' • ELIZABETH KELLY, Q + _day of MARCH,2002 by GILLIAN pg1081illThlf/,, 4 ,OY.AB6�p4 Witcitfd$Ic5 4, 11:19`904# ''fin lh'ncr.inert"city red". aF a• .__.—N_ y_ A � 1 a mar 4. Ort°,-6.,.7770LOt' J AJJrad of Po sonCuq•Nea IYC 'pd Le Ilk .";://441111 11111110 s sa t jb n:is.iva ru..c.T Report Date: 06/19/2003 04:21 PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R7780899 ASSESSED TO: KELLY HENRY W & 50151 COUNTY RD 15 NUNN, CO 80648 LEGAL DESCRIPTION: N2S2S2 19-9-67(.92R)SITUS:50151 15 CR WELD PARCEL: 045319000007 SITUS ADD: 50151 15 CR WELD TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2002 TAX 3,152.84 15.76 0.00 3,168.60 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 06/19/2003 0.00 ORIGINAL TAX BILLING FOR 2002 TAX DISTRICT 0915- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 20.056 922.17 AGRICULTUR 1,126 330 SCHOOL DIST RE9 35.287 1,622.49 AGRICULTUR 21,838 6,330 NUNN FIRE 3.248 149.34 AGRICULTUR 429,715 39,320 AIMS JUNIOR COL 6.316 290.41 WELD LIBRARY 3.249 149.39 TOTAL 452,679 45,980 WEST GREELEY CONSERVATION 0.414 19.04 TAXES FOR 2002 68.570 3,152.84 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley,CO 80632 (970) 353.3845 ext. 3290 WELD COUNTY TREASURER • Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes, special assessments and prior taxes liens currently due and payable connected with the parcel(s) identified therein have been paid in full. SigneWI d _92L Date C.P l S AFFIDAVIT OF INTERESTED L--ND OWNERS -- Page 1 of 1 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 045319000007 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. — f c • (1.-f.W Signature C13 Date Property Owners Within 500 ft. of Parcel# 045319000007 NAME I MAILING ADDRESS (PARCEL IDENTIFICATION # 58 HIGHVIEW RD #B COCO WILLOW ANN & MICHAEL J 045319400003 TRAVERSE CITY,MI 49686-8141 6403 WCR 102 ESSERT JOSEPH S & DEBORAH K 0453 1 93 00002 WELLINGTON,CO 80549 7087 COUNTY ROAD 102 HEUSTIS LAMONT G & RUTH M 045320300016 WELLINGTON,CO 80549 P O BOX 1043 SCHORRE ALBERT WILFORD & 045320000022 WELLINGTON,CO 80549-1043 P O BOX 270146 SPEER MARTIN L & 045319300004 FORT COLLINS,CO 80527 http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=045319000007&Part=0453200... 8/11/03 AFFIDAVIT OF INTERESTED LA's) OWNERS Page 1 of 1 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 045319000007 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. Signature 7 - U .'7 Date Property Owners Within 500 ft. of Parcel# 045319000007 NAME I MAILING ADDRESS ]PARCEL IDENTIFICATION# 2113 BARNWOOD CT COCO WILLOW ANN & MICHAEL J 045319400003 FORT COLLLINS,CO 80525-2070 6403 WCR 102 ESSERT JOSEPH S & DEBORAH K 0453 1 93 00002 WELLINGTON,CO 80549 7087 COUNTY ROAD 102 HEUSTIS LAMONT G & RUTH M 045320300016 WELLINGTON,CO 80549 P O BOX 1043 SCHORRE ALBERT WILFORD & 045320000022 WELLINGTON,CO 80549-1043 P O BOX 270146 SPEER MARTIN L & 045319300004 FORT COLLINS,CO 80527 http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=045319000007&Par I=04532000... 4/7/03 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Property Legal Description: N/2 S/2 S/2 of Sec. 19, T9N, R67W Property Legal Parcel Number: 045319000007 STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge, the attached list is a true and accurate list of the names and address of all mineral owners and lessees of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the real property records in the Weld County Clerk and Recorder's Office. By: n 1l!`^ Gi ion E. Kelly �/� ' Title' Owner The foregoing instrument was subscribed and sworn to me this lay of /41/40 , 20 03 . WITNESS my hand and official seal. My Commission Expires: /O OS -j Notary Public 8 MINERAL OWNERS AND LESSEES OF MINERAL INTERESTS Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # Union Pacific Railroad Company 1300 Farnam St. 045319000007 Omaha, NE 68102 9 F rs o OFFICE OF THE .. i ATE ENGINEER GWS-25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St.,Denver,Colorado 80203 (303)866-3581 889 WELL PERMIT NUMBER 250512 APPLICANT DIV. 1 WD3 DES. BASIN MD APPROVED WELL LOCATION WELD COUNTY SW 1/4 SW 1/4 Section 19 HENRY W KELLY Township 9 N Range 67 W Sixth P.M. 7505 COUNTY RD 102 DISTANCES FROM SECTION LINES WELLINGTON, CO 80549- 900 Ft. from South Section Line 300 Ft.from West Section Line (970) 897-2646 UTM COORDINATES PERMIT TO CONSTRUCT A WELL Northing: Easting: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A)as the only well on a tract of land of 35.00 acres described as the W 1/2, N 1/2, S 1/2,S 1/2, Sec. 19,Twp. 9 N, Rng.67 W,Sixth P.M.,Weld County. 4) The use of ground water from this well is limited to fire protection,ordinary household purposes inside not more than three(3)single family dwellings,the irrigation of not more than one(1) acre of home gardens and lawns,and the watering of domestic animals. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The retum flow from the use of this well must be through an individual waste water disposal system of the non-evaporative type where the water is returned to the same stream system in which the well is located. 7) This well shall be constructed not more than 200 feet from the location specified on this permit. NOTE: Expired permit no.215913,was previously Issued for this lot. e,13 Slaa-IO3 • APPROVED h z . D K ^ rs car- SKB State Engineer By Receipt No.0510241 DATE ISSUED 05-22-2003 EXPIRATION DATE 05-22-2005 WELD COUNTY DEPARTMENT OF PUBLIC HA—.LJTH AND ENVIRONMENT 1555 NORTH 17TH AVENUE, GREELEY, CO 80631 PHONE (970) 304-6415 FAX (970) 304-6411 Permit # : SP-9900322 Sec/Twn/Rng: Status : ISSUED Permit Type : RNEW C-conanercial, R-residential ♦ HEW, RSPair, VauLT Applied: 07/07/1999 Parcel No : 0453 19 300002 Issued: 07/15/1999 Finaled: Location : 6403 WCR 102/19-09-67 Legal Desc : PT OF S2S2S2 19-9-67 RE-2201 6403 WCR 102 APPLICANT BRINKHOFF JACK Phone : (970) 568-3306 P.O. BOX 876 , WELLINGTON CO 80549 OWNER GILLIAN KELLY Phone : (860) 663-1862 59 BECKWITH RD, WELLINGTON CO 06419 SEPT-ENGR FERRIN DAVID Phone : (970) 493-9394 4336 EAST COUNTY ROAD 48, FORT COLLINS COLORADO 80524 SEPT-INSTL BRINKHOFF EXCAVATING Phone : (970) 568-3306 PO BOX 876, WELLINGTON CO 80549 Description: HOUSE Commercial (Y/N) : N Residential (Y/N) : Y Acres : 80 . 00 Number of Persons : 3 Basement Plumbing (Y/N) : N Number of Bedrooms : 4 Bathrooms-> Full: 2 3/4 : 1/2 : 1 +Tater Public (Y/N) : N Utility Name: iter Private (Y/N) : Y Cistern (Y/N) : N Well (Y/N) : Y Water Permit No: 215912 Percolation Rate: 16 . 0 Limiting Zone: 05 ft 05 in Desc: Ground Slope: 4 Dir: SW Soil Suitable (Y/N) : Y zgineer Design Req'd (Y/N) : N In 100 Yr Flood Plain (Y/N) : N inimum Installation _ Septic Tank: 1250 gal Absorption Trench: wed sq. ft . Absorption Bed: sq. ft.3r ,.4F, Pa�i�r :tual Installation Septic Tank: /2f7 gal Absorption Trench: sq. ft. . Absorption Bed: /e?S' sq. ft. 35-' . sign Type : /n c?;/t4aJir 4.41- NOTICE a issuance of this permit does not imply compliance with other state, county or local regulatory or building requirements, nor all it act to certify that the subject system will operate in compliance with applicable state, county and local regulations plated persuant to Article 10, Title 25, CRS as amended, except for the purpose of establishing final approval of installed stem for issuance of a local occupancy permit persuant to CRS 1973 25-10-111 (2). Ls permit is not transferable. Theljleld County Health Department reserves the right to impose additional terms and conditions ;aired to meet our regulations on a continuing basis. Final permit approval was contingent upon the final inspection of the mpleted system by the Weld County Health Department. • X /, � -�/ g/zy/9 y Environmental Specialist Date
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