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Home My WebLink About20032907.tiff RESOLUTION 941 RE: ACTION OF THE BOARD CONCERNING RECORDED EXEMPTION #3648 -RONALD WARNER 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 held a public hearing on the 20th day of October, 2003, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Ronald Warner,4227 North 119th Street, Lafayette,Colorado 80026,for Recorded Exemption #3648 on the following described real estate, to-wit: Part of the NE1/4 of Section 13, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado, and WHEREAS,on October 20,2003,the Board deemed it advisable to deny the application of Ronald Warner for Recorded Exemption #3648, and WHEREAS, on October 22, 2003, the Board deemed it advisable to withdraw the denial Resolution from the Consent Agenda and set the matter for reconsideration on November 5,2003, at 9:00 a.m., and WHEREAS, on November 5, 2003, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Weld County Department of Planning Services and all of the exhibits and evidence presented in this matter and, having been fully informed,finds that this request shall be denied for the following reasons: 1. The narrow lot configurations may pose setback problems. 2. The property is located within the Urban Growth Boundary for the City of Dacono and is inconsistent with their Comprehensive Plan which must be considered pursuant to the Intergovernmental Agreement. 3. Section 24-8-40.J-The proposal does not provide sound land use planning practices, and will hinder the urbanization of Section 13. 4. Section 24-1-30.A - The proposal does not assist in the orderly and integrated development. 5. There are access issues which still need to be resolved with the City of Dacono. 111111111111 liii 11111 1111 III 3131947 12/03/2003 02:48P Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk 8 Recorder 2003-2907 RE3648 �� NH , �1� %rte �1Oi43 RE #3648 - RONALD WARNER PAGE 2 NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Ronald Warner for Recorded Exemption #3648 on the hereinabove described parcel of land be, and hereby is, denied. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 5th day of November, A.D., 2003. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ,atem, #c s EXCUSED ' 4f j% Da ' n Ch it Weld County Clerk to y' B' -r i 861 F. .G 1 I Robert D. sden, Pro-Tern BY: ti c � Deputy Clerk to th�.c.�y. ,/ APP AST f= M: Willis H. Jerke ounty tt rney � " �/G1/��e(2 Glenn Vaad )) Date of signature: 11%-b 111111111111 /III 11111111111111111111111 I I 111111 111 1111 3131947 12/03/2003 02:48? Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2003-2907 RE3648 Wi`P 0 DEPARTMENT ERVICES RECORDED EXEMPTION COLORADO ADMINISTRATIVE REVIEW PLANNER: S Lockman HEARING DATE: October 20, 2003 CASE NUMBER: RE-3648 APPLICANT: Ronald Warner ADDRESS: 4227 N. 119'"St., Lafayette, CO 80026 REQUEST: Two Lot Recorded Exemption LEGAL DESCRIPTION: Pt. NE4 Section 13, T1 N, R68W of the 6T" P.M., Weld County, Colorado PARCEL NUMBER: Part of 1467 13 100020 and 1467 13 100019 PARCEL SIZE: 9.27 +/-acres ZONE DISTRICT: Agricultural WATER SOURCE: Central Weld County Water District SEWER SOURCE: Septic system The Department of Planning Services'staff has reviewed this request and recommends that this request be denied for the following reasons: It is the opinion of the Department of Planning Services'staff that the applicant has not shown compliance with the following criteria as listed in Section 24-8-40 of the Weld County Code: A. Section 24-8-40.C-An access is, or can be made, available that provides for safe ingress and egress to a public road. All accesses shall be in accordance with Chapter 8, Article II of this Code. 1) 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. The City of Dacono, which has jurisdiction over all accesses to County Road 8 and County Road 10 section line, has not granted an access to the parcel at this time. B. Section 24-8-40.G - The proposal has taken into consideration master plans of affected municipalities. The Town of Frederick has indicated concerns regarding access and placement of utilities.The City of Dacono has indicated that the proposal is in direct conflict with the City's Comprehensive Plan. C. Section 24-8-40.H- The proposal is compatible with the existing surrounding land uses. The linear configuration of the parcels along an old railroad right of way could seriously hinder and frustrate urbanization. D. Section 24-8-40.J-The proposal is consistent with sound land use planning practices. The Department of Planning Services is in agreement with the City of Dacono's referral response which states"Mr. Warner's proposed residential development extends one mile, the full length and through the center of Section 13. This will definitely hinder and frustrate the urbanization of Section 13. No streets, utility or communicatic n lines will 4/003 ;x907 be able to cross this property. Emergency vehicle access through this Section will be prohibited." E. Section 24-8-40.K-The proposal is consistent with the Statement of Purpose as expressed in Section 24-1-30 of this Chapter. A) Section 24-1-30.A -Assisting orderly and integrated development. B) Section 24-1-30.B-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.G -Safeguarding the interests of the public, the homeowner, and the subdivider. Should the Board of County Commissioners approve this request, the Department of Planning Services' staff recommends the following conditions be attached: 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption 1467-13-1 RE-3648 B. A 30 foot wide joint access and utility easement extending across Lots SE-1000, SE-1001 (Lot A and Lot B RE-3648),SE-1002 and SE-1003 from County Road 8 or County Road 10,for the benefit of all five lots,shall be shown clearly on the plat. The joint access easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.E. The easement shall be graded and drained to provide all weather access. C. The City of Dacono has jurisdiction over all accesses to County Road 8 and County Road 10 right-of-way. Please contact the City of Dacono to verify the access permit or for any additional requirements that may be needed to obtain or upgrade an access permit to the Recorded Exemption Lots. D. The applicant shall provide to the Weld County Department of Planning Services a copy of the access permit issued by the City of Dacono which grants access to County Road 8 or County Road 10, or written evidence that the applicant has complied with the requirements of the City of Dacono. E. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. F. County Road 8 is designated on the Road Capital Improvement plan in the County Wide Impact Fee Code Ordinance,Section 20-1-30,as a local gravel road,which requires 60 feet of right-of-way at full build out.There is presently 60 feet of right-of-way.A total of 30 feet from the centerline of County Road 8 shall be delineated right-of-way on the plat. This road is maintained by Weld County. G. The applicant shall attempt to address the requirements (concerns) of the City of Dacono, as stated in the referral response dated September 9, 2003. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. H. The applicant shall submit written evidence that the property has been accepted into the Northern Water Conservation District and all District requirements have been met. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code,the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, H, I, M and R in Table 3-A of the 1997 Uniform Building Code,shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-6-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that the lot has an adequate water supply of sufficient quality, quantity and dependability. 4) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Recorded Exemption number. 5) Prior to the release of building permits for any structure exceeding 3,600 square feet,the applicant must comply with the requirements of Appendix III-A of the Uniform Fire Code. 6) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds,pursuant to Chapter 15, Articles I and II of the Weld County Code. 7) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) 8) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural counties in the United States, ranking fifth in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious,but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural area:open views,spaciousness,wildlife,lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off-site impacts, including noise from tractors and equipment;slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; and the use of pesticides and fertilizers in the fields,including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over 4,000 square miles in size(twice the State of Delaware)with more than 3,700 miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed,will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches,electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsibibter their children. 3. The applicant shall submit two(2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval.The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty(60)days from the date of the Board of County Commissioners resolution.The applicant shall be responsible for paying the recording fee. 4. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsaco.weld.co.us. WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 1555 N. 17'AVENUE GREELEY,CO 80631 PHONE (970) 353-6100, EXT. 3540 -FAX(970) 304-6498 3/DATE: 2O 1� RECEIPT 09756 RECEIVED FROM: _ r- Nt NO. TYPE FEES 4221 -RE/SE �c � _S t 4221 -ZPMH 4221 -USR 4221 -SITE PLAN REVIEW 4221 -COZ 4221 -PUD 4221 -SUBDIVISION 4221 -BOA 4221 -FHDP/GHDP 4430-MAPS/PUBLICATIONS 4430-POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC. c19U 1/4,,So - t �u 3 4i s -).. E pp` i 7(.0 3-i S 3 - i y6O O CASH E CHECK NO: TOTAL BY: WHITE-CUSTOMER CANARY-FINANCE PINK-FILE 11-04-03 17:00 From-GRIMSHA4'&HARRING 3038393838 T-107 P.002/003 F-905 GR.iMsnAW& HARRING A PROFESSIONAL CORPORATION ATTORNEYS AT LAWSUITE 3800 T WELLS FARGO o E ,� CENTER TIT MERITAS R ITA S 1700 LINCOLN STREET LAW MIS wnRLUWIAE DENVER,COLORADO 80203-4538 TELEPHONE (503)889-3800 TB L,.ECOPLER(383)839-3838 WWW.RRI ERAWLiARRING.CO4 Gilbert F. McNeish gmcricish@vimshawha,rring,corn 303-839-3722 www.grimshawharring.com November 4, 2003 Board of County Commissioners Weld County 915 Tenth Street Greeley, CO 80632 via fax (970) 352-0242 Re: Hearings to Reconsider Cases RE-3648,SE-1000, SE-1001, SE-1002,and SE-1003 - Applicant: Ron Warner - Two Lot Recorded Exemption and Subdivision Exemption for Lot Line Adjustments - Objection Dear Members of the Board: I am writing to you on behalf of Dacono Estates, LLC, a Colorado limited liability corporation ("Dacono Estates"), the owner of approximately 226 acres which are bisected by the property (the former Union Pacific Railroad right-of-way) included in the above-referenced applications ("Railroad Property"). Dacono Estates has previously indicated its objection to the proposed Railroad Property applications at the first hearings on October 20,2003 during which these matters were considered. It is my understanding that even though the Board of County Commissioners denied the applications at the recent hearings, the matters will be reconsidered at hearings scheduled for tomorrow. I am specifically writing to you now to reconfirm the continuing objection by Dacono Estates to the applications as presented. The objections by Dacono Estates concerning this matter are as follows: 1. Adequate access for safe ingress and egress to the property as well as across the property is not provided. The application appears to propose a mile long cul-de-sac,with access off of WCR 8, which is unsafe by any standard. Adequate consideration for master plans of affected municipalities has not been made by the applicant. This conclusion has been confirmed by near-by municipalities. 11 -04-03 17 : 00 From-GRIMSHAW&MARRING 3038393838 1-107 P . 003/003 F-905 Board of County Commissioners November 4, 2003 Page 2 3 . The property which is a linear configuration of a series of parcels along an abandoned railroad right-of-way ignores the planning context of its surroundings, and is not compatible with proposed adjacent land uses. 4_ The proposal is not consistent with the letter or spirit of the relevant portions of the Weld County Code (Section 24- 1.30 as referenced under Section 24-8-40) as follows: (a) Does not assist orderly and integrated development; (b) Does not ensure conformance of land subdivision plans with the public improvement plans of the County and its various municipalities; (c) Does not ensure coordination with public municipal improvement plans and programs; (d) Does not encourage well-planned subdivisions by establishing adequate standards for design and improvement; and (e) Does not safeguard the interests of the public, the homeowner, and the subdivider. In conclusion, while these proposals may technically meet some elements of the Weld County Code, they clearly continue to be in violation of several important requirements. Thus, when the proposals are evaluated in the context of all relevant requirements, the applications do not rise to a sufficient level to gain your approval. There are far too many unresolved issues and problematic elements concerning these proposals, and the applications should therefore be denied. The applicant should, in the alternative, be directed to work cooperatively with officials from the City of Dacono and all adjacent landowners to create a comprehensive development plan for this property together with other neighboring properties. By taking this approach in the alternative, all properties in the immediate vicinity of this area of Weld County will be assured proper access and other infrastructure features which will serve to address public health and safety concerns. Very truly yours, GRIMS1-IAW & 1-1ARRIIN O, A Professional Corporation 11:04.4 Gilbert F. McNeish 13819/1 cc: Steve Foley, Dacono Estates, LLC (via fax - (303) 689-0240) • Bob Swenson, Dacono Estates, LLC (via fax - (303) 665-6787) b . Karen Cuinbo, City of Dacono (via fax - (303) 833-5528) • Sherri Lockman, Weld County, Dept. of Planning Services (via fax (970) 304-6498) C;\1331911 V_County Cnrrimi ioncr,wpd DEPARTMENT OF PLANNING SERVICES 1555 N. 17th AVENUE GREELEY, COLORADO 80631 WEBSITE: www.co.weld.co.us W�`P' E-MAIL: slockman @co.weld.co.us CO • PHONE (970) 3FAx (97, 30 3540 .„ FA>C (970) 304-6498 COLORADO October 6, 2003 Ronald Warner 4227 N. 119th St. Lafayette, CO 80026 Subject: Subdivision Exemptions (SE-1000, SE-1001, SE-1002 and SE-1003) Recorded Exemption (RE-3648) Legal Description: Pt of the W2 E2 and part of the E2 W2 Section 13, Ti N, R68W of the 6TH P.M., Weld County, Colorado Dear Mr. Warner: This letter is to inform you that the above referenced Subdivision Exemptions and Recorded Exemption have been reviewed by the Department of Planning Services and it has been determined that the applications do not meet the standards of Section 24-8-40 of the Weld County Code. This application is scheduled before the Board of County Commissioners on October 20, 2003 at 9:00 a.m. The Board of County Commissioners meet at the Centennial Center, located at 915 10th Street, on the first floor. The staff recommendation is included with this letter. Please read the Conditions of Approval carefully. At the Board of County Commissioners hearing you will be asked if you are in agreement with the conditions. If you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. Sincerely, Sheri Lockman Planner II (5;;;:s, DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue Greeley, CO 80631 Phone (970) 353-6100, Ext. 3540 Fax (970) 304-6498 WINk. R- COLORADO August 21, 2003 Ronald Warner 4227 N. 119'" Street Lafayette CO 80026 Subject: RE-3648 A Recorded Exemption located on a parcel of land described as part NE4 Section 13, T1 N, R68W of the 6th P.M., Weld County, Colorado. Dear Applicant: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria or if staff has concerns with the application, staff may elect to forward the application for review to the Board of County Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials to the Broomfield, Dacono, Erie and Frederick Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Broomfield, Dacono, Erie and Frederick Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Broomfield at (303) 469-3301, Dacono at (303) 833-2317, Erie at (303)926-2700 and Frederick at(303)833-2388,for further details regarding the date,time,and place of this meeting. If you have any questions concerning this matter, please call me. Sincerely, ./2? Sheri Lockman Planner FIELD CHECK inspection date: CASE NUMBER: RE-3648, SE-1000, SE-1001, SE-1002, SE-1003 APPLICANT: Ronald Warner LEGAL DESCRIPTION: Pt. NE4 Section 13, T1N, R68W of the 6T" P.M., Weld County, Colorado LOCATION: 1/2 mile north of Perry Street and '/z mile west of County Road 11 along old railroad right-of-way ,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: Oil and gas facilities are in close proximity. The topography has been mounded adjacent to County Road 8 to allow trains to pass. No road exists to access the parcels from CR 8. An oil and gas road has been extended along the section line on the north side a portion of the distance. Sheri Lockman , Planner II 46itt I Wi`PC. APPLICATION FLOW'' SHEET COLORADO APPLICANT: Ronald Warner CASE #: RE-3648 REQUEST: Recorded Exemption LEGAL: Pt. NE4 Section 13, T1 N , R68W of the 6TH P. M. , Weld County, Colorado LOCATION : 1/2 mile north of Perry Street and '/2 mile west of County Road 11 along old railroad right-of-way PARCEL ID #: Part of 1467-13-300018 and 1467-13-000020 ACRES : 9.27+/- Date By Application Received Aug 6, 2003 Application Completed Aug 20, 2003 SL Referrals listed Aug 20, 2003 SL Design Review Meeting (PUD) File assembled 9- -11 () -bM Letter to applicant mailed '9j ,?1 . 03 t A Vicinity map prepared Referrals mailed - ,Z\ 09) 'VU Chaindexed , zi , U5 -V)" Field check by DPS staff Administrative Review decision: Date By County Commissioners Hearing Date (if applicable) Surrounding property owners notified Air photo and maps prepared i, ‘ 1 CC action: /itirYl l (32 / ` c C, j ,i,i IL4 : CC resolution received 12 � _)) /% 1/O Recorded on maps and filed ' Overlay Districts Zoning Agricultural MUD Yes No x_ IGA Yes x_ No Airport Yes No x Geologic Yes No_x_ Flood Hazard Yes No Panel #080266 0980 C Road Impact ?<ct � .. RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# 1$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: - Parcel Number n n n n - c� - L� - � n - _I n (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.uus)).. MS mt Legal Description LA Ri,g 1 'e, Lt°Section 13, Township,- North, Range bb' West (o?•Pel • Has the property been divided from or had divided from it any other property since August 30, 1972? Yes_No Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes No X FEE OWNF THE PROPERTY Name: O net.\ W Call/et '' Work Phone#3Do,-$L$-O3olp Home Phone# — Sa-r'� — Email Address �u:,�-k-t -) a� tt-ct, ('mn Address: 4ZZr i X , 11'i ' 54, City/State/Zip Code Lck yd-ic. ) CO . 1CDo2-1p APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany all applications signed by Authorized Agent) Name: G4Ynit- Work Phone# Home Phone# Email Address Address: City/State/Zip Code Smaller Parcel (Lot -A ) Larger Parcel (Lot ) Other Parcel (Lot (3-Lot RE/SE onT1 Water Source Qe, \ 642\k l DA We\A., Type of Sewer Ste\ Z Sae LZ Proposed Use E le. it Sr �ca/.4 Acreage -A, k(,3 c4 Existing Dwellings? Yes o ircle one - if Yes orW(Circle one- if Yes or No (Circle one - if Yes, list a dress below) Yes, list address below) Yes, list address below ) " 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 al fee owners of property must sign this application. If an Authorized Agent signs, a letter of authoriz- on%. all fee owners must be included with the application. If a corporation is the fee owner, notarized eviden•e m •e included showing the- •-'^^story has to legal authority to sign for the corporation. 5(- 3 -03 Sign . Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date -4- To whom it may concern. 1 .) Central Weld Cty. water district has installed an 8 inch water line with a valve for me in the center of my property on Weld Cty. Rd. 8, and then they are extending it in as far as we need to go to service all single family agricultural residences to the north. 2.) Each parcel will have a ISDS engineered and approved by the Weld County health) dept. for property 2.5 acres and up. 3.) The property most recently was used as agricultural property for hay production under a lease by Union Pacific railroad. There currently are no structures on the properties. 4.) Both parcels will be used as single family Weld county agricultural properties. the size and location is best described on the attached maps, ( all properties are located north off of Rd. 8 between RDs. I 1 and 13 ). 5.) The Bull Canal ri ins through the north side of the property about 3/4 of a mile north of Rd. 8. 6.) Not applicaole. 7.) Not applicable. d \Q X�k�tirrL� APR-25-2003 11:52A FROM:RLLES AP' ASSOCIATES 970 353 9369 13039280306 P:2/2 NON 1J.1u c 60' ROW— FRO /6 REBAR WITH I 232.9 N6,43'30'E 263298' 14 7 30' ROW 1 589 33.49'W 2 la'AMP ALUM CAP 2633.19' STAMPE11 12 _D 2001 l . 29425 • _ _ 14 1Sia- wcR to GAS & OIL LINE _ ' 4 /MIER 72K 205846' r o /6 REBAR / 3 18 RAR VAIN 1 3 1 4• AWY CAP '��'� FRO /6 REBAR M1TH STAMPED 1993 LS 13155 I REC.wantsl VAL UM 1/Y CAP RAILROAD IOW 1/77/01 m ROW STAMPED LS 24305 ROO neat SWAGE !a - WI WC.MwR Iam 1/21/91 • am 1 20160 50 ROW 3/21/10 GOOK 233 PACE 4W c. emnms L-A +_ I 2S • LOT . 9/ "vim • 4.64 t AC O,PROPERTY LRt S I IRS110 FENCE App in W N n es w /f • m - I. REC. mom AF 7�1/al q� I N ` N, a NISW40'43'W to z 235.93 I LOTA 4.63 t AC I W CC . 0001C C2 r CC 3 I RTc f 20/1°0° GI I 01121 CLAM MEM.WED I W 'REC 2645170 �� w^ a t s Inc /4 RFBAR FAO.4 RFWAR I 2-s sr GC IS 21910 I RAlROAW ROW TIE Vhf 6 RAVAOAO ROW I N6910'45'W 102.27 rliewa L321173�M I 589'40'26'E 1 In MT OF� �I! . � '/�uc — . . 1 2623.3O' c �—��8-9'40'—,`W 249&7{ • GAS LINE EASE11 �e1��—� i' l89'40'45R1 2�R l P7 1 1 \ r 1/A ME ccr 11 /� Road File#: Date: v I3 o3 RE# : Other Case#: Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970)356-4000, Ext. 37750. --2-0-17_5c--03- Fax: (970)304-6497 1. Applicant N me \ Phone ?} t (P Address Z 0..1'4 City (_(State S. ,(Zip ? ,to 2. Address or Location of Access o t &*x 4,c �� l3 u\ w Th Section I3 Township ��. Range Su' bdivision Block Lot Weld County Road #: p Side of Road �d" Distance from nearest intersection t{y rwi� 3. Is there an existing access to the property? Yes No #of Accesses .L O r Z�t y ft Oti Cc,"'AM r Cc 'AM 4. Propo ed Use: Y i $ Permanent Q6 Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other +++++++++++r******r++************rrrrrr******rrrrr+rrrrrr************rrrrrrrrrrrrrrr+++rrrr++r+r++++r++rrrrrrrrrrrrrrrrrrrrrrrr 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential O&G = Oil &Gas 12— D.R. = Ditch Road O = House C 12 O = Shed J�< CZ tU /f rrrrrr+rrr+rr+rr++++++++++++++++++++++++++++++r OFFICE USE ONLY: Icaca"`, ?..k,3 Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions O Installation Authorized ❑ Information Insufficient Reviewed By: Title: CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES -7- 0 TETRA TECH RMC September 9, 2003 Weld County Ply-m - ; ,_ :11 GREELEY 0 EICE Ms. Sheri Lockman Weld County Planning Department S E P ] 5 2003 1555 North nth Avenue Greeley, CO. 80631 R . j 1' V If) RE: Warner Subdivision Exemption and Recorded Exemption Applications Dear Sheri: Thank you for the opportunity to review and comment on these applications. We understand that the four Subdivision Exemption Applications are intended to reconfigure the parcels so they can be adapted for residential development and , using the Recorded Exemption process, add an additional lot for development. The City of Dacono has concerns about these proposals and asks the County Planning Department and the Board of County Commissioners to deny these applications. The following is a brief review of pertinent Sections of the Weld County Code, the City of Dacono Comprehensive Plan and the Intergovernmental Agreement between the City and County. These comments form the basis for the City's opposition to these applications. Weld County Subdivision Exemption According to the Weld County Code Section 24-8-130, the intent of the Subdivision Exemption Procedure is for the division of a parcel that does not result in the creation of a new residential or permanent building site. The only reason for the Warner Subdivision Exemption is to create new residential building sites from parcels that were linear railroad parcels that do not lend themselves to residential development. The application includes creating a new residential site through the Recorded Exemption process. This is intended to circumvent the Subdivision process and avoid dealing with public infrastructure and any other impacts that may occur from developing the lots. It is clear, this application does not meet the intent of the Exemption procedure. City of Dacono Comprehensive Plan The City of Dacono Comprehensive Plan designates the alignment of the abandoned railroad right-of-way for a regional trail system extending from Highway 52 to Weld County Road 8. That designation includes the property subject to the Warner Subdivision Exemption. The current Comprehensive Plan was adopted by the City in 1998, updated and adopted in 2002, and the City will begin a new update this year. Off road regional trail systems are even more important to the Dacono Community and region than in previous planning efforts. 1900 5.Sunset Street,Suite I ,Longmont CO 80501 Tel 303.7725282 Fax 303.665.6959 www.ttrrnc.com lb TETRA TECH RMC Paget Ms. Sheri Lockman September 9, 2003 St. Vrain Valley Open Lands and Trail Plan The St. Vrain Valley Open Lands and Trail Plan was completed in July, 2000. This Master Plan began the process of establishing a network of open lands that will be connected by a complementary trail system. The St.Vrain Open Lands and Trails Project Master Plan was funded through a planning grant from the State Board of the Great Outdoors Colorado Trust Fund. The study involved southwestern Weld County and eastern Boulder County and the communities of Erie, Longmont, Dacono, Frederick and Firestone. All of these entities cooperated and supported this planning effort. This area is and will continue to be under enormous growth pressures. The proposed open space and trail system will be a needed and very important part of the fabric of this high density area. A portion of the abandoned railroad right-of-way involved in the Warner Exemption application is designated for Regional Trail use in this Master Plan. Weld County Code Chapter 22 Comprehensive Plan Section 22-3-10 Public facilities and services. E. Municipalities have the ability to coordinate the provision of adequate urban facilities and services under powers granted by State statutes and the Constitution. The adopted urban growth boundary areas are the most logical areas for urban development to occur. Municipalities are designed to accommodate concentrations of development and are in a position to plan the expansion of existing facilities and services, as well as to coordinate the development of new facilities and services. The results of the Warner Subdivision Exemption will be in conflict with this section. The result will be a very low rural density surrounded by an urban growth area of medium density. Urban services and facilities require higher densities to amortize the costs of installation and operations. Section 22-3-80 Pedestrian and bicycle paths. This section states in part, "off road paths or trails should be encouraged". (Check Weld County Recreational Facilities Map to see if this railroad right-of-way is identified as a bikeway approved by the County) 0 TETRA TECH RMC Page 3 Ms. Sheri Lockman September 9, 2003 Section 22-3-130. Rail transportation. F. Weld County encourages the preservation of rail corridors for future transportation uses. Section 22-2-100 Urban growth. C.3. When a municipality and the County enter into an urban growth boundary agreement, the County agrees to consider the municipality's vision for future development in the area. The abandoned railroad right-of-way subject to Mr. Warner's Exemption application is in the City of Dacono Growth Boundary and subject to the growth boundary agreement between the City and County. The property owners bordering both sides of this abandoned railroad right-of-way petitioned to amend the Dacono Comprehensive Plan to allow medium density residential land use in this area. A neighborhood meeting was held and the neighbors supported this request. The request for medium density residential land use was referred to all public utilities and governmental agencies including Weld County. The referral agencies responses were no conflicts with the land use request. The Planning and Zoning Commission and City Council held public hearings on this land use request and there was no opposition. Finding that the request met the goals and policies of the City and met all necessary criteria, the Planning and Zoning Commission and City Council approved the medium density land use. The property owners presented their plans for developing the property during their land use amendment process. The plans were well received by neighbors, referral agencies and the City. The City of Dacono believes that Mr. Warner's intent to use the railroad right-of-way for large lot very low density development is in conflict with the City's vision for future development in this area. Section 22-2-110 Urban growth boundaries goals and policies. C. UGB.Goal 3 The County and municipalities should coordinate land use planning in urban growth boundary areas, including development policies and standards,zoning,street and highway construction, open space, public infrastructure and other matters affecting efficient development. 1.UGB.Policy 3.1. The County may consider approving a land use development within an urban growth boundary area, if all of the following are met: This review shows that these applications do not meet any of the three required criteria. 0 TETRA TECH RMC Page Ms. Sheri Lockman September 9, 2003 a.UGB.Policv 3.1.1. The adjacent municipality does not consent to annex the land or property in a timely manner or annexation is not legally possible. The property is currently eligible for annexation. The Little Dry Creek Subdivision, on the north side of Weld County Road 8,borders the east and west sides of the Warner property. Little Dry Creek Subdivision is in the City of Dacono. The planned Dacono Estates development is in the City of Dacono annexation review process and should be completed and in the City within 60 days. Dacono Estates is on the north side of Little Dry Creek Subdivision. When the Dacono Estates Annexation is complete over 50% of the perimeter of the Warner property will be adjacent to the Dacono City Limits. Eagle Meadows Subdivision is in the City of Dacono final plat approval process. Eagle Meadows is in the northwest quarter of Section 13. All of Section 13 is in the City's planned growth area and water and sewer utilities infrastructure are in the process of being extended to this area. b. UGB.Policy 3.1.2. The proposed use, including public facility and service impacts, is compatible with this Chapter and with urban type uses. The proposed use is not compatible with this Chapter. This proposal will eliminate the possibility of preserving this rail corridor for future transportation uses (Section22-3- 130). The results of this proposal will fail to consider the City of Dacono's vision for future development in this area (Section 22-2-100). The City has planned for medium density residential in this general area and for a regional trail extension on this property. c. UGB.Policy 3.1.3. The proposed use attempts to be compatible with the adjacent municipalities Comprehensive Plan. The Dacono Comprehensive Plan designates the abandoned railroad right-of-way for a Regional Trail Extension. Mr. Warner's plans do not propose or even mention the regional trail designated on the property. Weld County/City of Dacono Intergovernmental Agreement Section 19-2-60, C.7 To the extent legally possible pursuant to the Plan and the COUNTY'S land use regulations as described in section 19-2-50B above, the COUNTY will deny proposals for Non-Urban Development in the Urban Growth Area. Nothing in this paragraph shall restrict the COUNTY from approving,by means of a process such as a recorded exemption or subdivision It TETRA TECH RMC Page 5 Ms. Sheri Lockman September 9, 2003 exemption, the isolated partition or division of an ownership parcel containing at least(1) residence served by an individual sewage disposal system at the time of adoption of this Agreement regardless of the size of the resulting parcels. Nevertheless,the COUNTY will not permit any such partition or division if the same would frustrate or hinder genuine Urban Development, as defined in Section 19-2-40 of this Agreement, in the Urban Growth Area. The Warner applications are not the isolated partition or division of ownership and this property does not contain an existing residence. Mr. Warner's applications are for properties in the center of a planned and developing urban area in a defined Urban Growth Area. Mr. Warner's proposed residential development extends one mile, the full length and through the center of Section 13. This will definitely hinder and frustrate the urbanization of Section 13. No streets,utility or communication lines will be able to cross this property. Emergency vehicle access through this Section will be prohibited. Mr. Warner's proposal is an excellent example of the reason for and need for the Intergovernmental Agreement between the County and the City. The above listed excerpt from the County/City Agreement makes it clear that what Mr. Warner is proposing can and should be denied by Weld County. Recommendation The intent of these Subdivision Exemption applications is to consolidate the parcels in a manner that will allow residential development and the Recorded Exemption application adds an additional lot. These applications are in direct conflict with the Weld County Comprehensive Plan, the City of Dacono Comprehensive Plan and the spirit and intent of the Weld County/City of Dacono Intergovernmental Agreement. The City of Dacono requests the County Staff and Board of County Commissioners deny these applications. Thanks again for this opportunity to review and comment on these applications. Sincerely, TETRA TECH RMC, INC. Kenneth C. Dell, AICP H:\0975_008\WamerSubdivisionExemphonaeferralliesponseToWC.doc ' RAILROAD DWIBIT cow CRP IIIMMNR) . i ‘ WILD 63CDU ITY, l A 71 iwi ems,2003 I i If g I di -AMMO=MILICIS : I I r_, , ...II __IMINKINAIWOOlla A ii i I �' Wire, =_.=-- reAl N %. , ��■■.TTT lit NORTH II lir� T1---- % � / 1r � NT.S.Ilr ria w�•s� sswl■.r�wvwarle�e■■�ee1.r■■rw .■a.��urrvrr 1 / /r 4. WAIiNFA PpOPERIY \ ' ill ll / 8%�/ Agi/ I i III IF ' , ' 'Iva, -II I i� br WCR a rt,,,,r4 1 J h i// / VICINITY MAP I , ■•-•• ■■.■■_■■.■■..■■..•■.■■ :71. /l//////%/ ____ L••-• AO S , AD 13 N0. 1 ANNEX ■ l ,i: INANCE NO. . ii JI4i et . � n .I ' __ �� i. � WARNER P OABANDONEDP II RTY Dfi, u uuupIIIIIII► ► = i ; 4 411 maw 1* / l X::: / 0; ilia i f /- '7. 4, ,, , / , / , / , / Z A 2 r r “in_I 11 JINN II a• WI II— al" jui.4 4CiOr 10,/ 7 0 go7 #04 I , r vo.4 F' t �GG'� %cez %�! �� •i ice/ /%g-%(/ , ;a2,- :/ 78;',, I /I , Mtet Sri ed: „psi% 2 II, j / //, , w0 I �/ 7 Z . .i _, ABANDONED RAILROAD MAP Z %a Si in n it 9 80-0975.009.00 cc © TRATECM 1900 S.ET 9UNSET ST., w0E -F, LOHNGYONT.R CO C, I TEL 303.772.5282 METRO 303.665.6283 FAX 303 665 6959 REFERRAL LIST NAME: Ronald Warner CASE NUMBER: RE-3648 REFERRALS SENT:August 21, 2003 REFERRALS TO BE RECEIVED BY: September 18,2003 COUNTY TOWNS and CITIES Attorney Ault _X Health Department Brighton Extension Service _X_Broomfield Emergency Management Office ✓ _X_Dacono _Sheriffs Office Eaton ✓ _X Public Works _X Erie Housing Authority Evans Airport Authority Firestone Building Inspection Fort Lupton _X Code Enforcement X_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 _X Loveland Lochbuie Greeley Longmont Division of Minerals/Geology _Mead FIRE DISTRICTS Milliken Ault F-1 New Raymer Berthoud F-2 Northglenn Briggsdale F-24 Nunn Brighton F-3 Pierce Eaton F-4 Platteville Fort Lupton F-5 Severance Galeton F-6 Thornton Hudson F-7 Windsor Johnstown F-8 La Salle F-9 _X Mountain View F-10 COUNTIES Milliken F-11 Adams Nunn F-12 Boulder Pawnee F-22 Larimer Platteville F-13 _X_Broomfield 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-8 Greeley _X Bull Canal Ditch Company ✓ _X Longmont West Adams Weld County Piann_ing Department GEtf i ('Fr p12Z003 • CD p Weld County. Referral C. COLORADO August 21 , 2003 The Weld County Department of Planning Services has received the following item for review: Applicant Ronald Warner Case Number RE-3648 Please Reply By September 18, 2003 Planner Sheri Lockman Project Recorded Exemption Legal Part NE4 Section 13, T1 N, R68W of the 6th P.M., Weld County, Colorado. Location 1/2 mile north of Perry Street and '/,mile west of CR 11 along old railroad right-of way. For a more precise location, see legal. Parcel Number 1467 13 300018 and 1467 13 000020 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. 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 n We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: • Signature �yP" vC A b /.) Q/Jjlr✓t LL I. 7 A3 Agency lehrrle nAe C�Nt aar.1�,.. �a Date +Weld County Planning Dept. ❖1555 N. 17th Ave. Greeley, CO.80631 ❖(970)353-6100 ext.3540 +(970)304-6498 fax Sep 07 03 OS: 21p Division of Wildlife 303-776-6683 p.rs p� Weld County Referral COLORADO August 21 , 2003 The Weld County Department of Planning Services has received the following item for review: Applicant Ronald Warner Case Number RE-3648 Please Reply By September 18, 2003 Planner Sheri Lockman Project Recorded Exemption Legal Part NE4 Section 13, Ti N, R68W of the 6th P.M., Weld County, Colorado. Location /: mile north of Perry Street and 1/2 mile west of CR 11 along old railroad right-of way. For a more precise location, see legal. Parcel Number 1467 13 300018 and 1467 13 000020 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: • Signature eirn , 71, a7 Sew G� Agency Ct.2L C. .O Geii aj jjt— Date (/79nza) :-weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.90631 +(970)353.6100 ext.3540 G(970)304-5498 fax 08/26/2003 13: 58 3039262706 TOWN OF ERIE PAGE 01 isas IIIgC Weld County! Referral COLORADO August 21 , 2003 The Weld County Department of Planning Services has received the following item for review: Applicant Ronald Warner Case Number RE-3648 P/ease Reply By September 18, 2003 Planner Sheri Lockman Project Recorded Exemption Legal Part NE4 Section 13, T1 N, R68W of the 6th P.M., Weld County, Colorado. Location /2 mile north of Perry Street and 34 mile west of CR 11 along old railroad right-of way. For a more precise location, see legal. Parcel Number 1467 13 300018 and 1467 13 000020 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. 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 n We have reviewed the request end find no conflicts with our interests. ❑ See attached letter. Comments: • Signature , 11‘.,14`) (4i fe J a$(oleo 4-&Agency z i Date/ +Wald County Planning Dept +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 axL3540 +(970)304-6498 fax 4ctics?..) COQ Aim Weld County. Referral COLORADO August 21 , 2003 The Weld County Department of Planning Services has received the following item for review: Applicant Ronald Warner Case Number RE-3648 Please Reply By September 18, 2003 Planner Sheri Lockman Project Recorded Exemption Legal Part NE4 Section 13, T1 N, R68W of the 6th P.M., Weld County, Colorado. Location 1/2 mile north of Perry Street and %mile west of CR 11 along old railroad right-of way. For a more precise location, see legal. Parcel Number 1467 13 300018 and 1467 13 000020 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desirato 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: Vkcen tiAmlinit( t-tXnQM") Plb MLA lPp Cam('(+Ltirt '(\[Th ye( et dt f oULiO tn2 CNau.rvl to nil A1OrSK (Wet, Dr c(Ca t1t.r�riLx. Signature Agency ( c, M G � Date +Weld County Planning Dept. +1555 N. 17th Ave.`Greeley,CO.80631 ❖(970)353-6100 ext.3540 t(970)304-6498 fax Memorandum TO: , W.C. Planning, Sheri Lockman DATE: September 18, 2003 COLORADO FROM: Deborah BlandinEH Services CASE: RE- 3648 APPLICANT: Ronald Warner 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. Please note, the lot owners should verify with the nearest Town/City or Sanitation District to determine the location of the nearest sewer line. In accordance with the Weld County Code, if a sewer line exists within 400 feet of the property and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and Environment. Additionally, please note the following: 1) Topographic or physical features of the proposed lot, such as ravines, ditches, streams, etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the Division recommends that the applicant review the County Code pertaining to Septic Systems to assure that any installed septic system will comply with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may be need to be enlarged. M:\ENVIRONMENTAL HEALTH SERVICESIPLANNING\RE-3648.rtf AUG 2 5 2003 WELD Co,SUN7 PL19!l0 N.1OP:cp DEPT CWeld County Referral COLORADO August 21 , 2003 The Weld County Department of Planning Services has received the following item for review: Applicant Ronald Warner Case Number RE-3648 Please Reply By September 18, 2003 Planner Sheri Lockman Project Recorded Exemption - Legal Part NE4 Section 13, -11 N, R68W of the 6th P.M., Weld County, Colorado. Location /z mile north of Perry Street and Y� mile west of CR 11 along old railroad right-of way. For a more precise location, see legal. Parcel Number 1467 13 300018 and 1467 13 000020 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. 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. joSee attached letter. Comments: Signature 144,61S-al ?-/9-0 /9-O 3- Agency (� a.107 ) Date +Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax Weld Court P f titc,\/ MEMORANDUM TO: Sheri Lockma n, Planner II DATE: 9/22/2003 FROM: Donald Carroll, Engineering Administrator ilk F'i SUBJECT: RE-3648, Ronald Warner COLORADO The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are as follows: COMMENTS: WCR 11 is designated on the Road Capital Improvement Plan in the County Wide Impact Fee Code Ordinance, Section 20-1-30, as a local gravel road, which requires a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. The road is 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 8 is designated on the Road Capital Improvement Plan in the County Wide Impact Fee Code Ordinance, Section 20-1-30, as a local gravel road, which requires a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. The road is 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 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. 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. The Town of Dacono has jurisdiction over all accesses to its roadway. Please contact the Town of Dacono to verify the access permit or for any additional requirements that may be needed to obtain or upgrade the permit. Both Lots A and B shall share a joint access point. pc: RE-3648 M:\PLANNING\RE-5.DOC ■yam xi lis:11.---, n k rif Y1P"YF t.X r •r I !!;-21...4., „ �.3 I sue* Y' .r . 1 $+ It f .i. A', • f'•3 Y 6§ �� q f t? ' 9 f '3 F N A rt i �i� h 1 eil { * T 4 1 1 �$ - NI` 4. j.,.=, ' �� -lit 1 ‘' ..₹ ,. t ,;-:;- r9 99" �. - t� `\ r r ki. i u Ms ,.8 � 2 w Z' i I - Por :yap t_ Jfil 7 #w. ills ' 1 t pia Jr A ' - r 4 r. 4 7t� d ti r ~s #h #y�1 - + �Y,... R 4 x � . � � s : P. N.,.. f 1 )) p .{ i � , r a r4* ‘.M�ypa ' •3 -4, /- Yµ. � " , = t ' .l�. t E �' '33 Road File it & Date: 0-5 OE e : gt,ySi 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 c6n1. Applicant N me \ Phone 8 C2—c3c(. Address 2 'O‘ City State erD- ,Zip ? _iO 2. Address or Location of Access `(2n - \( k,e) tevSt Section 13 Township 4.-A. Range K 't{bdivision Block Lot Weld County Road#: b Side of Road �a" Distance from nearest intersection 'CL nvac, 3. Is there an existing access to the property? Yes '1 No #of Accesses 1 Oc Z. ed Use: J fc- Ya.& CC.^-1 Aiirr 4. Pr opo7 Permanent QS Residential/Agricultural O Industrial W« 10 ❑ Temporary O Subdivision ❑ Commercial ❑ Other •x***************xx**xxxx*x*********************************************************x******************************x*********** 5. Site Sketch Legend for Access Description: AG = Agricultural RES = ResidentialL-714.VZ--1 l O&G = Oil&Gas D.R. = Ditch Road = House O = Shed Sec, Z.r� Vo NI 5cct3 , �( co ni'D IL 7 OFFICE USE ONLY: 9-CL 15 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 STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES -7- FROM : 1 FAX NO. :303-914-0220 Sep. 17 2003 12:31PM P2 =i TOWN OF FREDERICK P.O. BOX 435 • FREDERICK CO 50590 • PHONE:(303)539-2388 ` '�S FAX:(303)833-3817 September 17, 2003 Sheri Lockman • Weld County Planning Department 1555 North 17th Avenue Greeley, CO 80631 RE: Formal Referral Response Case No. RE3648,SE-1000, SE-1001, SE- 1002, SE-1003 Recorded Exemption and 4 Subdivision Exemption Applications Dear Sheri: Planning staff has reviewed the above referenced formal referrals for a recorded exemption and 4 subdivision exemption applications on the Warner property. The proposed applications are not located within our planning area boundaries; therefore, comments and/or concerns from the Town are limited in scope. The series of proposed exemptions makes it rather difficult to understand the underlying goal of the project. Nonetheless, The Town of Frederick has concerns regarding access and placement of utilities should these exemptions be approved. The Town of Frederick would like to thank you in advance for the opportunity to comment on development applications within Weld County. S nncerely. 1l�GLW PeiUt Came McCool, Town Planner for the Town of Frederick McCool Development Solutions, LLC Cc: Dick Wyatt, Mayor Town of Frederick a y Referral Weld County COLORADO August 21 , 2003 The Weld County Department of Planning Services has received the following item for review: Applicant Ronald Warner Case Number RE-3648 Please Reply By September 18, 2003 Planner Sheri Lockman Project Recorded Exemption Legal Part NE4 Section 13, T1N, R68W of the 6th P.M., Weld County, Colorado. Location /z mile north of Perry Street and 1/2 mile west of CR 11 along old railroad right-of way. For a more precise location, see legal. Parcel Number 1467 13 300018 and 1467 13 000020 I 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 33 ❑ We have reviewed the request and find no conflicts with our interests. RECEIVED See attached letter. AUG 2 5 2003 Comments: Signature e Q VC\ Agency (N(`'‘ • U�Cv-1� c£ V,f i S lc Date +weld County Planning Dept. +1555 N. 17th Ave. Greeley, CO.30631 +(970)353-6100 ext.3540 +(970)304-6498 fax MouNrq/N ,MOUNTAIN VIEW FIRE PROTL%;TION DISTRICT �+ a Administrative Office: 9119 County Line Road• Longmont, CO 8 i �/I`.'—�1• c 9a County Planning Department (303) 772-0710• FAX (303) 651-7702 GREELEY' OFFICE VI SFP 0 8 2003 RECEIVED September 5, 2003 Ms. Jacqueline Hatch Weld County Planning Department 1555 North 17th Avenue Greeley, CO 80631 Dear Ms. Hatch: I have reviewed the submitted material pertaining to the recorded exemption and subdivision exemptions for the Ronald Warner property located 'V2 mile north of Perry Street and '/2 mile west of Weld County Road 11 (Case Numbers: RE-3648, SE-1000, SE-1101, SE-I 102 and SE-1003). The Fire District does not object to the requests, but does have the following comments and requirements a residence be constructed or placed on any of the parcels created: • All construction shall be in accordance with the provisions of the Uniform Fire Code, as ratified by the Weld County Commissioners, and all other codes and ordinances, as enforced by Weld County. • Water supply for fire protection may be required for a new dwelling. In instances when a request is for a recorded exemption and not a subdivision, water supply for fire protection is not required for a single family residence that is not larger than 3,600 gross square feet and is placed on at least a 2.5 acre site. If a residence exceeds 3,600 gross square feet, or is placed on less than 2.5 acres, water supply for fire protection requirements may apply. All other structures may require water supply for fire protection depending on the use of the new structure. • When water supply for fire protection is required, a minimum fire flow of 1,750 gallons of water per minute, measured at a residual pressure of 20 pounds per square inch (p.s.i.), is required for one-and two-family dwellings exceeding 3,600 gross square. All other buildings require a minimum fire flow of 1,500 gallons of water per minute, measured at a residual pressure of 20 pounds per square inch (p.s.i.) and may require more depending on the building size and type of construction as per Appendix III-A of the Uniform Fire Code. If the required fire flow is not available for a single family residence,the installation of a residential fire sprinkler system will be accepted as an alternative to meeting the required fire flow. • If a residential fire sprinkler system is proposed, the plans for the fire sprinlder system must be submitted to the Fire District for review and approval prior to installation. Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7 9119 Cnty Line Rd. 10971 WCR 13 P.O.Box 575 P.O.Box 11 10911 Dobbin Run 50 Bonanza Dr. P.O.Box 40 Longmont,CO Longmont,CO 299 Palmer Ave. 8500 Niwot Road Lafayette,CO Erie,CO 100 So.Forest St. 80501 80504 Mead,CO 80542 Niwot,CO 80544 80026 80516 Dacono,CO 80514 Ms. Jacqueline Hatch September 5, 2003 Page Two We appreciate being involved in the planning process. Should you have any questions, please contact me at(303) 772-0710. Sincerely, LuAnn Penfold Fire Marshal LMP/lp cc: project file Ip09.04.03 Weld County PlFY i �: • SEP 0 2003 RECEdl , , ) CWeld County Referral COLORADO August 21 , 2003 The Weld County Department of Planning Services has received the following item for review: Applicant Ronald Warner Case Number RE-3648 Please Reply By September 18, 2003 Planner Sheri Lockman Project Recorded Exemption Legal Part NE4 Section 13, T1 N, R68W of the 6th P.M., Weld County, Colorado. Location /, mile north of Perry Street and 1/2 mile west of CR 11 along old railroad right-of way. For a more precise location, see legal. Parcel Number 1467 13 300018 and 1467 13 000020 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature �+ // // �/�}} JJ ,!� t� 043 Agency Weird£1 njv ch.&j! /JS�Cr/-A `d Date •}weld County Planning Dept. •t 5 N. 17th Ave.Greeley, CO.80631 •3(970)353-6100 ex..3540 C•(970)304-6498 fax WELD CLJNTY SCHOOL DISTOT RE-8 • Fort Lupton Public Schools Administration Building 301 Reynolds Street Fort Lupton, Colorado 80621 Ph: 303-857-3200 www.ftlupton.k12.co.us Fax: 303-857-3219 September 4, 2003 Chris Gathman Weld County Planning Department 1555 N. 17th Avenue Greeley, CO 80631 RE: Weld County Referral Ronald Warner Recorded Exemption Case Number RE-3648 Thank you for referring the Ronald Warner Recorded Exemption to the School District. Based upon expected student generation rates from what appears to be the possibility of two new single-family units on 4. 63 and 4. 64 acres, respectively, the new homes would generate approximately 2 new students to be accommodated within district. Bus transportation would likely be provided. It is understood that approval of the proposed new lots do not yet add residential units to enrollment potential. However, certain school issues should be considered at this important juncture, including school site planning, transportation access and facility capacity. The current facilities that would serve this lot are Twombly Primary, Butler Elementary, Fort Lupton Middle School and Fort Lupton High School. Capacities and enrollments of these schools are: Seats Student Enrollment Available School (Grades Served) Capacity (10/1/02) (Short) Twombly Primary (K-2) 530 717 (187) Butler Elementary (3-4) 420 366 54 Fort Lupton Middle School (5-8) 890 823 67 Fort Lupton High School (9-12) 770 730 40 The District is on record as not opposing growth so long as the growth is planned and is manageable from a student enrollment standpoint. This development could impact all levels of schools. In addition, even without this project, completion of other previously approved developments would generate more students than can be accommodated by the existing schools. ACOMMUNITY WHICH BELIEVES EDUCATION ISASHARED RESPONSIBILITY 2 As the volume of developments increases with no alleviation of the existing capacity conditions, the ability to provide the same quality education for these new students becomes increasingly difficult. Weld County School District Re-8 requests the cooperation and participation of the developer to provide cash in-lieu of land dedication fee, (currently $939) , to address the need for future school sites. Further, the District requests that the County assist with monitoring residential growth working and consider facility capacity impacts upon the schools in determining whether a new project should be approved. We appreciate your cooperation and the opportunity to comment upon the issues of interest to both the County and the School District. We ask that the building permit not be issued until the applicant demonstrates that the cash in-lieu of land dedication fee has been paid, or that arrangements have been made with the School District. If you have any questions or need additional information, please do not hesitate to give me a call at (303) 857-3200. Sincerely, Edward J. Mei r Director of Finance and Support Services SEP-22-2003 12 57 US BUREAU OF REC. 9706633212 P.01/20 v s.tomiTMENT OF THE INTER/0 :`EAU OF RECLAMATI t Bureau of Reclamation . Eastern Colorado Area Office 11056 West County Road 18 E Loveland, CO 80537-9711 Phone: 970-962-4410 Fax 970-663-3212 To From Names Name � 8 Phone y7p 30 g l i4 e Phone 77D 7`Z ysr/ Fax Page 1 of .2O Comments: ❑ Informational El Confidential ❑ For Your Action ❑ Urgent ❑ Sign and Return ❑ Reply NOTICE OF CONFIDENTIALITY; This transmission is intended only for the addresscc(s) listed above. It may contain information that is privilcgcd or otherwise protected from disclosure. Any review,dissemination,or use of this transmission or its contents by persons other than above listed addressee(h) is strictly prohibited. If you have received this transmission in error,please notify us immediately by telephone and return the imaginal document by mail. Thank you. SEP-22-2003 12 57 US BUREAU OF REC. 9706633212 P.02/20 rtooert ounon carman annexation and uacona Estates Parcels Page 1 From: Robert Burton To; Epperiy, Doug Date: 10/29/01 2:41 PM Subject: Carlson annexation and Dacona Estates Parcels I talked with Jim Green, who indicated that the preference is to incorporate as much as possible of the rail line into the development,for example as a hiking trail, possibly with a portion of the rails retained with a display sign. If preservation is not possible, he indicated that a HABS level II documentation would serve to mitigate the site, which is what I believe Anne McKibbin of Metcalf Archaeological Consultants is suggesting. He indicated we should go ahead with the documentation. Robert J. Burton Archaeologist, Eastern Colorado Area Office 11056 W. Cty Rd. 18E Loveland, CO 80537 rburton@gp.usbr.gov 970.962.4361 fax 663.3212 SEP-22-2003 12 57 US BUREAU OF REC. 9706633212 P.03/20 t IS COLORADO HISTORICAL SOCIETY OFFICEAI. FILE COPY' The Colorado History Museum 1300 Broadway Denver, olor i S OS-2137nNI n,--nif April 10, 2001 D '� .._ `: k..i, - Brian Person ' Area Manager n, ]t14 .:T... re of Reclation 11056 WestCountyRD18E ..._,... ... _. Loveland, CO 80537-9711 Re: Carlson Annexation& Dacona Estates Parcels -- — • Dear Mr. Person: Our office has reviewed your correspondence of April 4, 2001 and the cultural resource report prepared for the project listed above. We concur that 5WL3981, an abandoned house, is not eligible to the National Register. This site has lost its integrity and is not associated with persons or events important in history. 5WL1317 was determined eligible to the National Register on June 7, 1988. We find that this segment, 5WL1317.9, retains enough of its integrity and contributes to the eligibility of the railroad line. The inclusion of this land into the Northern Colorado Water Conservancy District will not affect historic properties. However, we request that if the area is developed, no changes should be made to the railroad grade. If we may be of further assistance please contact Jim Green at 303-866-4674. Sincerely, ›d:-.— /a. 6 , �eorgianna Contiguglia rAK State Historic Preservation Officer (5d �7, S-6��8I GC/WJG ,J SEP-22-2003 12:58 US BUREAU OF REC. 9706633212 P.04/20 Carlson Annexation and Dacono Estates Project: An Intensive (Class III) Cultural Resource Inventory Weld County, Colorado by John M. Scott Staff Archaeologist Metcalf Archaeological Consultants, Inc. PO Box 899 Eagle, CO 81631 Prepared for Bob Swenson, Managing Partner PO Box 270179 Louisville, CO 80027 Principal Investigator Michael D. Metcalf Lead Agency Bureau of Reclamation Eastern Colorado Area Office 11056 West County Rd 18E Loveland, Colorado 80537-9711 March 2001 SEP-22-2003 12:58 US BUREAU OF REC. 9706633212 P.05/20 parallel transects spaced approximately 30 meters apart, The entire area of both parcels was inspected using this tactic. Special attention was given to areas of surface disturbance(i.e., rodent activities, previous construction areas, erosional areas). These areas were thoroughly inspected for signs of cultural material. If cultural materials were discovered they were classified as sites or isolated finds, documented on appropriate Colorado Cultural Resource Survey forms, and their locations plotted on 7.5' USGS topographic maps. An isolated find (IF) consists of five or fewer surface artifacts with no associated cultural features and minimal potential deposition. A site consists of five or more artifacts within 50 meters of one another, or at least one cultural or structural feature. For sites, the full extent of the resource would be established, a sketch map would be drawn, and photographs would be taken of the site area. Results and Evaluations One new historic site, one previously record historic site(a railroad grade), and four isolated finds were encounter during this project. Historic site 5WL3981 and isolated finds 5WL3982 and 5WL3983 were located on the Carlson Annexation parcel. Previously recorded site 5WL 1317.9 and isolate finds 5WL3984 and 5WL3985 were recorded on the Dacono Estates parcel. 5WL1317.9 (Tema #RR-1): This historic site is a 1300 ft. long portion of the previously recorded Dent Branch of the Union Pacific Railroad. It is located near the center of the Dacono Estates parcel. The history of the Union Pacific is well documented elsewhere and will not be repeated here. Construction of the Dent Branch was begun in 1907 and not completed until 1910. The Dent Branch of the Union Pacific Railroad ran from Sand Creek Junction (near Denver) to La Salle, Colorado where it joined the main line running from Denver to Cheyenne. The Dent Branch was split at the Dent Siding in 1911, with one leg running seven miles to the east to La Salle to join the main line, and the other running 25 miles west to Fort Collins (Wilkins 1974:185). The Dent Branch was in use until 1988 when it was abandoned by Union Pacific (Letter from Barbara Sudler, State Historic Preservation Officer, to Joseph Anthofer, Attorney General for the Union Pacific Railroad Company dated June 7, 1988). Within the project area the railroad grade is approximately 30 to 40 ft. wide and elevated from 6-20 tt. above the surrounding terrain. The grade appears in good condition and has not been breached. Rail ties and rails are present and intact for 1200 ft. of the 1300 ft of the railroad grade that is located within the project area, The rails and ties have been removed on the northern most 100 ft. at the northern end of the grade that is within the project parcel and also beyond the parcel's northern boundary. Artifacts associated with the railroad and found along the tracks included loose railroad spikes and wooden ties, miscellaneous scrap metal, wood fragments, and modern sanitary tin cans. Approximately one half mile south of the parcel's southern boundary the railroad appears to remain in use. This was determined by the presence of 4 SEP-22-2003 12:58 US BUREAU OF REC. 9706633212 P.06/20 several railroad cars south of the project boundaries and the observation of the arrival of a railroad engine while the inventory was being conducted. In the project area, the only evidence of modifications to the railroad bed appeared to be the addition of crushed rock covering the earthen grade. The Dent Branch of the Union Pacific Railroad has been officially determined eligible to the National Register because of its association with agriculture and mining in the area (Letter from Barbara Sudler, State Historic Preservation Officer, to Joseph Anthofer, Attorney General for the Union Pacific Railroad Company dated June 7, 1988). However, the segment of that railroad within the current project area is judged to be a non-contributing portion of the site because it lacks essential aspects of integrity that would allow it to convey the site's historic significance. Though in its original location, the rail bed shows evidence of recent improvements and modifications in the form of the building up of the bed with newly deposited crushed rock and the removal of some of the track. Modern developments in the form of a recently constructed home immediately west of the grade, several oil wells, a motocross and go-cart race track located several hundred yards to the southeast, and several wire fences and utility poles criss-crossing the area have negatively impacted the integrity of setting, feeling, and association of the site to such an extent that it cannot convey the site's historical significance. This portion of the Dent Branch of the Union Pacific Railroad has been adequately recorded, and no further work is recommended, 5WL3981 (Temp # BSCA-1): This is a historic site located at the southeast corner of the Carlson Annexation parcel. It consists of a house(feature]) and a possible septic tank (feature 2). The house is single storied, L-shaped with three rooms, and side gabled. It is wood framed with a poured concrete foundation. The exterior siding is horizontal planking. The roof consist of wood shingles over tar paper on planking and wood frame, The interior walls are plastered and exhibited integral electrical outlets. There is no basement. Only a crawl space with earthen floor was present. An exterior chimney was observed near the center of the roof, and it consists of fired brick and concrete. No fireplace is present, and the chimney is for a stove or heater. The septic tank consists of a poured concrete square opening on the ground surface with its interior almost completely silted in. Immediately next to the concrete opening on the surface was a metal bucket filled with concrete with a short, vertical segment of ceramic sewer-type pipe at its center. The pipe extended out of the bottom of the bucket and into the septic tank. Very few artifacts other than modem trash were found in association with the house. The architecture and materials used in the building's construction suggest that it was built prior to 1950, but probably after WWII. The original setting was rural and agricultural, but presently the rural setting has been heavily disturbed by the upgrading of a section line road that crosses east-west to the south of the site and small industries that have been established on the south side of that road. An oil well access road is also present to the immediate west, and several gas pipelines are to the immediate east. Large electrical transmission lines and poles are also nearby. 5 SEP-22-2003 12:58 US BUREAU OF REC. 9706633212 P.07/20 alluvium of unknown depth. The location had excellent ground surface visibility and very little vegetation. A nearby cutbank and the backdirt from extensive rodent burrowing in the area exhibited no evidence of buried cultural deposits. By definition isolated finds are non significant and not eligible for listing on the National Register. This cultural resource has been adequately recorded, and no further work is recommended. 5WL3985 (Temp # IF4): This is a single yellow chert core fragment. The artifact was found in the southeastern half of the Dacono Estates parcel about a hundred meters (300 ft.) north of Little Dry Creek. The soil is a yellowish brown loam, probably an alluvium of unknown depth. The location had been recently plowed and ground surface visibility was excellent. No other artifacts or evidence of buried cultural deposits were observed at this location. By definition isolated finds are non significant and not eligible for listing on the National Register. This cultural resource has been adequately recorded, and no further work is recommended. Recommendations The results of this project were as expected and reproduced results similar to those of other projects conducted nearby. inventory of 100% of the project area was accomplished and resulted in the discovery of four Ifs and two historical sites. None of the cultural resources encountered are recommended eligible for listing on the National Register. Cultural resource clearance for the Carson Annexation and the Dacono Estates parcels, as described in this report, is recommended. References Cited Barclay, Dulaney and Michael D. Metcalf 1998 Colorado Interstate Gas Company's Front Range Pipeline Intensive Inventory For Cultural Resources, Weld County, Colorado. On file, Office of Archaeology and Historic Preservation, Denver. Black, Kevin D. 1991 Archaic Period Architectural Sites in Colorado. National Register of Historic Places Multiple Property Documentation Form, Colorado Historical Society, Denver. 7 SEP-22-2003 12:58 US BUREAU OF REC. 9706633212 P.08/20 • COLORADO CULTURAL RESOURCE SURVEY OA HP1400 Management Data Form say. 9/98 • (page 1 of 4 ) The Management Data Form should be completed for each cultural resource recorded during an archaeological survey. Exceptions to this are isolated finds and re-evaluations, neither of which require a Management Dara Form. Please attach the appropriate component forms and use continuation pages if necessary. 1. Resource Number: 5WL1317.9 2. Temporary Resource Number: RR-1 3. Attachments (check as many as apply) 4. Official determination (OAHP use only) Prehistoric Archaeological Component Determined Eligible Historic Archaeological Component Determined Not Eligible Historic Architectural Component Form Nominated Sketch/Instrument Map (required) Need Data X U.S.G.S. Map Photocopy (required) Contributing to NR Dist. X Photograph(s) Not Contributing to NR Dist. X Other, specify: Linear Form I. IDENTIFICATION 5. Resource Name: 6. Project Name/Number: Carlson Annexation and Dacono Estates Project: An Intensive (Class III) Cultural Resource Inventory Weld County, Colorado 7. Government Involvement: Local_ State _ Federal X Agency: Bureau of Reclamation, Eastern Colorado Area Office, 11056 West County Rd 18E Loveland, Colorado 80537-9711 8. Site Categories: Check as many as apply Prehistoric: archaeological site _ paleontological site _ in existing National Register District? yes _ no _ name Historic: archaeology site_ building(s) _ structure(s) X object(s) _ in existing National Register District? yes _ no X name 9. Owner(s)'s Name and Address: private 10. Boundary Description and Justification: Extent of railroad thru proiect area. 11. Site/Property Dimensions: 411 in x 61 m Area: 25071 m2 (+4047) 6 acres Area was calculated as: L x W X (rectangle/square) or L x W x .785 _ (ellipse) II. LOCATION 12. Legal Location PM 6th Township 1N Range 66W Section 13 '4,'4,'4,3. NE/NE/NE/SW north end PM 6th Township 1N Range 66W Section 13 ',14,''A,% SW/SE/NE/SW south end if section is irregular, explain alignment method: 13. USGS Quad: Frederick 7.5' X 15' _ Datels): 1950 (Rev 1994) (attach photocopy) 14. County: Weld 15. Other Maps: _,_, SEP-22-2003 12:59 US BUREAU OF REC. 9706633212 P.09/20 Resource Number: 5W11317.9 Temporary Resource Number: RR-1 Management Data Form (page 2 of 4 ) 16. UTM Reference: A. 13 ; 504086 mE 4433255 mN (north end) B. 13 ; 504042 mE 4432855 mN (south end) 17. Address: Lot_ Block_Addition 18. Location/Access: Exit 1-25 at the Erie exit. Drive roughly 1.5 miles east and you will cross this railroad. II. NATURAL ENVIRONMENT 19. Topographic Feature(s) mountain _ ledge _ playa hill terrace/bench _ talus slope _ tableland/mesa _ canyon _ alluvial fan ridge _ valley X plain saddle/pass _ basin _ dune _ alcove/rockshelter floodplain _ _ cliff _ cutbank _ slope — arroyo/gully _ 20. Site Topographic Description (mention named landforms): Site lies on a relatively flat plain surrounding northeast trending Little Dry Creek. 21. Site Elevation: 5090-5110 feet .--(x .3048) 1551-1557 meters 22. Aspect: NE/SW 23. Degree of Slope on Site: 0 24. Soil Depth: unknown cm 25. Soil Description (character and color): Brown loam with some cobbles. 26. Depositional Environment: _ Aeolian _ Colluvial _ Residual X Alluvial _ Moraine _ None _ Other, specify; 27. Nearest Water: name/nature: Little Dry Creek/permanent distance: 274 in 900 ft. 28. Nearest Permanent Water: name: same as above distance: _ m _ft. 29. Vegetation on Site (list predominant species): grasses 30. Vegetation Associations/Communities Surrounding Site: grasses and agricultural crops IV. NATIONAL/STATE REGISTER ELIGIBILITY ASSESSMENT 31. Context or Theme: Colorado Plains Historic SEP-22-2003 12 59 US BUREAU OF REC. 9706633212 P. 10/20 Resource Number: 5WL1317.9 Temporary Resource Number: RR-1 Management Data Form (page 3 of 4 32. Applicable National Register Criteria: X Does not meet any of the below National Register criteria A. Associated with events that have made a significant contribution to the broad pattern of our history; or B. Associated with the lives of persons significant in our past; or C. Embodies the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or D. Has yielded, or may be likely to yield, information important in history or prehistory; or Qualifies under exceptions A through G. Level of Significance: National _ State _ Local _ 33. Condition a. Architectural/Structural b. Archaeological/Paleontological Excellent _ Undisturbed X Good _ Light disturbance Fair Moderate disturbance Deteriorated _ Heavy disturbance _ Ruins _ Total disturbance 34. Describe condition: Railroad is in good condition. It is not breached or eroded in the project area. It is not in use, indicated by a berm across the tracks at the road to the south. 35. Vandalism: yes_ no X describe: 36. National Register Eligibility Field Assessment: Eligible _ Not Eligible X Need Data _ Statement of Significance/N.R.H.P. Justification: The entire site has been determined to be eligible to National Register by OAHP because it played a significant role in the socioeconomic development of northeastern Colorado. The current segment is considered a non-contributing element to the site's overall eligibility because it lacks aspects of integrity including materials, setting, sense of feeling, and association- The current segment does not convey the site's historic significance. 37. Status in an Existing National Register District: Contributing _ Non-Contributing _ 38. National Register District Potential yes _ no X discuss: V. MANAGEMENT AND ADMINISTRATIVE DATA 39. Threats to Resource: Water erosion X Wind erosion _ Grazing _ Neglect X Vandalism _ Recreation _ Construction _ Other (specify): comments: SEP-22-2003 12:59 US BUREAU OF REC. 9706633212 P. 11/20 Resource Number: 5W11317.9 Temporary Resource Number: RR-1 Management Data Form (page 4 of 4 ) 40. Existing Protection: None_ Marked _ Fenced X Patrolled _ Access controlled _ other (specify): 41 . Local landmark designation: 42. Easement: 43. Management Recommendations: No further work. VI. DOCUMENTATION 44. Previous Actions Accomplished at the site: a. Excavations: Test_ Partial _ Complete _ Date(s): b. Stabilization: Date(s): c. HABS/HAER Documentation: Date(s) & Numbers: d. Other: 45. Known collections/reports/interviews and other references (list): 46. Primary Location of Additional Data: 47. State or Federal Permit Number: Collection Authorized: yes _ no Artifact Collection: Yes _ No X Artifact Repository: Collection Method: Diagnostics _ Grab Sample _ Random Sample _ Transect _ Other (specify): 48. Photograph Numbers: Roll 33-01, exo. 12-25 Negatives filed at: Metcalf Archaeological Consultants, Inc., Eagle, Colorado 49. Report Title: Carlson Annexation and Dacono Estates Project: An Intensive (Class III) Cultural Resource Inventory Weld County, Colorado 50. Recorder(s): K. Pool and J. Scott Date(s): 03/14/01 51. Recorder Affiliation: Metcalf Archaeological Consultants, Inc. Phone Number: 970 328-6244; 970 328-5623 (fax) NOTE: Please attach a sketch map, a photocopy of the USGS quadrangle map indicating resource location, and photographs. Colorado Historical Society - Office of Archaeology & Historic Preservation, 1300 Broadway, Denver, CO 80203 1-303-866-3395 SEP-22-2003 12:59 US BUREAU OF REC. 9706633212 P.12/20 COLORADO CULTURAL RESOURCE SURVEY OAHP1a18 Linear Component Form Rev. 9198 (page 1 of 2 ) This form should be completed for each linear resource or linear segment. Use this form in conjunction with the Management Data Form. Call OAHP staff (303.866-5216) prior to assigning a resource number. 1. RESOURCE IDENTIFICATION 1. Resource Number: (include point number, if applicable): 5WL1317.9 2. Temporary Resource Number: RR-1 3. Resource Name: Union Pacific Railroad. Dent Branch 4. Record of: Entire resource _ Segment X II. RESOURCE DESCRIPTION 5. Resource Type: Road _ Railroad X bitch/Canal _ Trail _ Other (specify): 6. Resource Description: Railroad tracks, ties and bed. The bed is raised in most places; height varies considerably. Near the north end of the proiect, a cut begins and track and ties are removed. 7. Original use: Railroad Current use: Abandoned. 8. Modifications (describe): Tracks and ties have been removed near the north end of the segment. They do not extend north past zone 13; 504106 mE and 4433198 mN. Crushed rock as been added to the grade. 9. Extent of Resource: Unknown - this segment measures 1300' in length. 10. Associated Artifacts: Various ties, misc. metal objects, spikes, and modern sanitary cans. 11. Associated Features or Resources: none known III. RESEARCH INFORMATION 12. Architect/Engineer: Source of information/justification: 13. Builder: Union Pacific Railroad Source of Information: Railroads of Northern Colorado by Kenneth Jessen (1982); Colorado Railroads- Chrono%nical Development by Tivis Wilkins (1974). 14. Date of Construction/Date Range: 1908-1910 Source of Information: Railroads of Northern Colorado by Kenneth Jessen 11982); Colorado Railroads- Chronological Development by Tivis Wilkins (1974). 15. Historical/Archival Data: 16. Prehistoric Cultural Affiliation: None IV. MANAGEMENT RECOMMENDATIONS 17. Eligibility of entire resource: Eligible X Not eligible _ Need data_ Is this an official (OAHP) determination? Yes X No _ Date 1988 (source-letter from Barbra Sudler, State Historic Preservation Officer to Joseph D.Anthofer,attorney for Union Pacific Railroad,dated June 7, 19881 Is this a field determination? Yes_ No _ SEP-22-2003 12:59 US HURERU OF REC. 9706633212 P.13/20 Resource Number: 5WL1317.9 Temporary Resource Number: RR-1 Linear Component Form (page 2 of 2 ) Remarks/justification: Note: the railroad is well preserved except where the rails and ties have been removed. The grade has not breached. 18. Eligibility of the segment being recorded: Contributing _ Non-contributing X Not applicable_ Remarks/justification: The segment of this railroad within the current project area is judged to be a non- contributing portion of the site because it lacks essential aspects of integrity that would allow it to convey the site's historic significance. Though in its original location, the rail bed shows evidence of recent improvements and modifications in the form of the building up of the bed with newly deposited crushed rock and the removal of some of the track. Modern developments in the form of a recently constructed home immediately west of the grade, several oil wells in the immediate vicinity, a motocross and go-cart race track located several hundred yards to the southeast, and several wire fences and utility poles criss- crossing the area have negatively impacted the integrity of setting, feeling, and association of the site to such an extent that it cannot convey the site's historical significance. This portion of the Dent Branch of the Union Pacific Railroad has been adeauately recorded, and no further work is recommended. 19. Recorder(s): K. Pool and J. M. Scott 20. Datels): 03/14/01 Colorado Historical Society Office of Archaeology and Historic Preservation 1300 Broadway, Denver, CO 80203 303-866-3395 SEP-22-2003 12:59 US BUREAU OF REC. 9706633212 P.14/20 - 5WL1317.9 Site Photos II 3. #4d111A1 4 4 :x W tS n r11. Overview of railroad grade looking south. (Note this portion has had the tracks removed). Roll 33-01, exp. 12 .; i Overview of railroad grade from south end of the recorded segment looking north. (Notice intact tracks and ties►. Roll 33-01, exp. 16 SEP-22-2003 12 59 US BUREAU OF REC. 9706633212 P.15/20 ' ' 5WL1317.9 Site Location Map - _ C. Cr o .,.,.�'.._.,-•� e ,- ' 11 : / 510WallCt \\ I fin }?::_.. i i o\ \ f i .,i; 17 ! aim / /7-.----.7_., �� V 1 ( J / / /io -• r // , i / 03 _. -N., ..._.1 %till !,„:.! `---.. ...:.---;) ..... ) f) v i. ; ' // la.M.fi^:. , /^/ • I i I t ..." , fir \ \ ..,,,2 /; I it o\ \ �( I L_� _ /fir_ ../... \ ° .mil .± o \i In 2 �'-"�-'�'o: r .�6!. -/ �\// c°\-. .-' / ' I 'Recorded Segement i f UP RR,Dent Branch 5WL13179 / \. / i ,- / St / \ / � / a r�� Il (0J+9Lft off'"/ ,, �-- • /'_ / ti . l if 1. -- ' \I 5k1. y —_, Frederick Quad < ,r,-...,__ k, �_.. \ .,,11 r �r T1N R66WI ( \ SEP-22-2003 13:00 US BUREAU OF REC. 9706633212 P.16/20 Treatment Plan for 5WL1317.9, a Contributing Portion of the Dent Branch of the Union Pacific Railroad, Weld County, Colorado by Anne McKibbin Principal Investigator prepared by Metcalf Archaeological Consultants, Inc. prepared for Bob Swenson Louisville, Colorado • June 2001 SEP-22-2003 13:00 US BUREAU OF REC. 9706633212 P.17/20 • Introduction • During cultural resources investigations for the Carlson Annexation and Dacona Estates Parcels, the Dent Branch of the Union Pacific Railroad (5WLI317.9) was recorded in the Carlson Annexation Parcel(Scott 2001). Metcalf Archaeological Consultants,Inc evaluated the segment as non-contributing to the railroad's overall National Register Eligibility. The Colorado State Historic Preservation Office did not concur with MAC's evaluation. The Colorado SHPO feels this segment should be considered a contributing element of the Dent Branch, a railroad that is eligible for the National Register of Historic Places. In a letter to the Bureau of Reclamation dated April 10,2001, the State Historic Preservation Officer of Colorado (Georgianna Contiguglia) requests that the railroad grade be left intact. Development of the Carlson Annexation will impact SWL1317.9, a segment of the Dent Branch of the Union Pacific Railroad (UPRR), and thus, a treatment plan is proposed. Site Summary The Dent Branch was built between 1907 and 1910. The Dent Branch of the Union Pacific Railroad ran from Sand Creek Junction(near Denver)to La Salle,Colorado where it joined the main line running from Denver to Cheyenne. The Dent Branch was split at the Dent Siding in 1911,with one leg running seven miles to the east to La Salle to join the main line, and the other running 25 miles west to Fort Collins(Wilkins 1974:185). The Dent Branch was in use until 1988 when it was abandoned by Union Pacific (Letter from Barbara Sudler, State Historic Preservation Officer, to Joseph Anthofer, Attorney General for the Union Pacific Railroad Company dated June 7, 1988). Within the project area the railroad grade corridor,including the rail bed and adjacent cuts and fills, is approximately 30 to 40 feet wide and the rail bed is elevated from six to 20 feet above the surrounding terrain. The grade appears in good condition and has not been breached. Rail ties and rails are present and intact for 1200 feet of the 1300 feet of the railroad grade that is located within the project area. The rails and ties have been removed on the northern most 100 feet at the northern end of the grade within the project parcel and also beyond the parcel's northern boundary. Artifacts associated with the railroad and found along the tracks included loose railroad spikes and wooden ties,miscellaneous scrap metal,wood fragments,and modem sanitary tin cans. Please refer to Scott(2001:45),and die site record at OAHP for a more detailed description of the site. A copy of the form for segment 9 is appended to this document. National_Register Dualities The Dent Branch of the Union Pacific Railroad, including segment 5WL1317.9 discussed here,has been recommended eligible for inclusion on the National Register of Historic Places under criterion"a"for its association with the development of early agriculture and mining activity in the SEP-22-2003 13:00 US BUREAU OF REC. 9706633212 P.18/20 2 area. SHPO has concurred with this assessment. MAC originally recommended this segment to be non-contributing due to compromised integrity of feeling and association, because more recent residential and commercial development along and in the vicinity of the rail grade has altered the rural character of the landscape as it would have appeared at the time of this site's historic significance. However,the SHPO places more weight on the physical integrity of the rail grade,and this is, indeed, still in good condition and in fact still retains tracks and ties for much of the length discussed here. Federal Involvement This treatment plan is presented to facilitate resolution of adverse effect to 5WLI317.9, as mandated by section 106 of the National Historic Preservation Act, as amended, and described in 36 CFR §800.6. Adverse effect will result from direct physical impacts and impacts to the setting of the site that may occur if this parcel is developed. These impacts will affect qualities that cause this site to be considered eligible for the National Register of Historic Places. Development by the proponent will he enabled through inclusion of the parcel in the Northern Colorado Water Conservancy District. By agreement with the Bureau of Reclamation,such inclusion must have the assent of the Secretary of the Interior, and thus the project becomes a federal undertaking for the purposes of section 106. Effect The proponent proposes development on the Dacono Annexation parcel that may physically impact the rail grade. Though the development plans arc not final to MAC's knowledge, they may include breaching the rail grade for construction of roads, leveling portions of the grade for landscaping and possibly construction of buildings where the grade now lies,or use of the grade for other purposes, such as redevelopment as a trail for non-motorized uses. All of these pose a threat to the physical integrity of the grade as well as the integrity of the setting of the grade. For these reasons,and in order to not encumber the proponent with restrictions related to this historic property, MAC proposes a treatment plan which will fully record and document this segment, and should allow approval of any development proposals within this parcel,regardless of the nature of or degree to which they impact this segment of the historic property,up to and including complete removal of the features and artifacts of this segment of the site. Proposed Treatment The potential range of impacts to the Dent Branch within the parcel (about 1/4 mile) is unknown,but this treatment plan is designed to document the grade and the current setting to allow for a full range of eventualities. The treatment plan has five elements,based generally on a.Level II documentary effort as described by Atheam (1990) and OAHP/CHS (1998): Photo-documentation Detailed, site-specific inventory for related artifacts and features Scaled mapping Context documentation SEP-22-2003 13:00 US BUREAU OF REC. 9706633212 P.19/20 3 Illustration of representative cross-sections of the grade Photo-documentation will include archival medium format(2x2)black-and-white print, 35 mm color print, and 35 mm color slide photography. Photos will be taken of the grade itself, showing representative examples of the range of variation in the feature within the segment. Photos will he taken of any associated features. Finally, overview photos will be taken that document the setting of the segment. The photos will be keyed to the map of the segment. The length of the segment will be re-inventoried to locate, identify and describe any associated artifacts,and to confirm the presence or absence of associated features. No features were found in the original inventory, but a site-specific re-check is warranted to confirm that result. The proponent is having a detailed topographic map prepared of the entire development parcel. This map is being produced by photogrammetric means and will be to scale and show contours at an interval of several feet, along with existing geographic and cultural features. MAC will use this map as a base map for the site, and annotate it with information specific to the site, including the location of photographs, artifacts, features, and illustrated cross-sections, discussed below. MAC will acquire all available site documentation from the Office of Archaeology and Historic Preservation and review it for completeness with respect to the description and context of the site. If the existing site description, narrative history, and context are inadequate, they will be updated. Finally, scale drawings will be made of representative cross-sections of this segment of the site, showing the range of variability in grade profile across the project area. This will include drawings that adequately characterize cuts and fills within the project area. These drawings will be made using instrument recordings of relative elevation at regular intervals across the feature, the locations of which will be selected to best represent the range of variability in the profile of the grade. MAC will enlist the assistance of Western Historical Studies of Lafayette, Colorado,in this effort,particularly regarding the re-inventory of the site and the evaluation and possible updating of the site documentation. The remainder of the tasks will be completed by MAC staff; under the author's direction. MAC will prepare a final report of investigations, consisting primarily of the proposed site documentation and a revised Colorado site form. This will be submitted to the Bureau of Reclamation and the Colorado State Historic Preservation Office. The format and content will follow Office of Archaeology and Historic Preservation guidelines. SEP-22-2003 13:00 US BUREAU OF REC. 9706633212 P.20/20 4 References Cited Athearn, Frederic J. 1990 A View to the Past—A Window to the Future:A Guide to Photodocumenting Historic Places. Bureau of Land Management, Colorado, Cultural Resource Series no. 30. Denver. Office of Archaeology and Historic Preservation, Colorado Historical Society(OAHP/CHS) 1998 Historic Resource Documentation:Standards far Level!,II,and II!Documentation. Office of Archaeology and Historic Preservation publication no. 1595. Denver. Scott,John M. 2001 Carlson Annexation and Dacono Estates Project An Intensive(Class III) Cultural Resource Inventory, Weld County, Colorado. Metcalf Archaeological Consultants, Inc. Prepared for Bob Swenson, Louisville, Colorado. Ms. on file, Office of Archaeology and Historic Preservation, Denver. • TOTAL P.20 ,1Weld County Planning Department CREEI_FY OFFICE SFP 1 2 2003 REC b o v' DACONO ESTATES LLC Sherri Lockman September 10, 2003 Weld County Planning 1555 N. 17th Ave. Greeley, CO 80631 Dear Ms Lockman, Thank you for your referral. We have copied you a letter to the City of Dacono that was sent September 9, 2003. Enclosed you will find a concept plan that illustrates the planned development of the adjacent properties to the subject property. You will notice that there are a lot of trails, road ways and oil and gas wells, and parks that need to be coordinated with not only this property but all adjacent properties. Although this concept plan in not been engineered or platted it probably will be very similar to the end product. We are very happy to work with Mr. Warner in a cohesive manner but we are very concerned with his endeavor to essentially build estate housing over a rail road line. We also need to point out that if this land plans on using the Central Weld water it must be included into the Northern Water Conservation District. In addition, we did try to petition this land into NWCD and have first hand knowledge that as a condition of inclusion,the Bureau of Reclamation and SHIPPO is requiring that a historic treatment plan be performed on this railroad spur to preserve the historical significance prior to any rail being removed. You might call Metcalf Archaeological from Eagle, Colorado concerning the requirements. (970-328-6244) Sinc y, Managing Partner Dacono Estates LLC BOB SWENSON MANAGING PARTNER CC: Ken Dell KarenCumbo Development PO BOX 270179 * LOUISVILLE, CO 80027 PH(720)890-1111 R PAX(303)665-6787 * EMAIL RCSNENSON®RNI.NET 0 ,..... 't tor tw, 4 IF i 4 O Weld County. Referral COLORADO August 21 , 2003 igridle_______________________________________________________ „.:__ The Weld County Department of Planning Services has received the following item for review: Applicant Ronald Warner Case Number RE-3648 Please Reply By September 18, 2003 Planner Sheri Lockman Project Recorded Exemption Legal Part NE4 Section 13, Ti N, R68W of the 6th P.M., Weld County, Colorado. Location %mile north of Perry Street and % mile west of CR 11 along old railroad right-of way. For a more precise location, see legal. Parcel Number 1467 13 300018 and 1467 13 000020 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. 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 L ` We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: ' J Ce r signature p!J Agency _ �• O .2OO /�/� A Date i ❖Weld County Plann of g beet. e. S n>j 7ih Ave.c....--, Greeley,Sn CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax KEN •beLc_ DACONO ESTATES LLC Karen Cumbo September 8, 2003 Dacono City Administrator 512 Cherry St Dacono, CO 80514 RE: Union Pacific Railroad Spur in Section 13 Dear Ms. Cumbo, As you know we own both sides of the old Union Pacific Railroad spur in portions of Section 13 TWN 1 N Range 68 W. We are of the understanding that there is a worksession regarding this property tonight in which we will not be able to attend. In addition you were aware that we had intended to purchase this property and dedicate enough of the land for a trail system. We thought that the highest and best use for the property was very limited and a trail system seemed to fit the overall needs of the city and the adjoining land developments. We were under the impression that Union Pacific indirectly agreed that this property was of little value due to their low asking price of approx. (2,000 an acre)and the fact that they sell property based on appraisal. We have a number of concerns if this property is zoned into a large lot development: 1. That the proper land use for this property should facilitate the inter-connection of developments along WCR 11 and WCR 13. 2. That any large lot development could potentially restrict traffic flows, impede fire department access, restrict water line loops, and put added constrictions on storm drainage systems, oil and gas line relocations and other systems which other larger developments have spent significant amounts of capital to insure that the overall plan of the city is integrated. 3. That water wells (if any) and leach fields systems adjacent to high density or low- density development is probably not prudent. 4. That horse property may or may not be compatible with the larger adjacent developments and would essentially be allowing the tail to wag the dog. 5. That any land use entitlement granted by the City of Dacono or Weld County should recognize the larger developments needs for compatibility with the"main" systems for power, sewer, storm drainage, oil and gas relocation, oil tank relocation,road systems, water lines, sewer lines, zoning designations, density etc. 6. That an access off of WCR 8 is premature and may cause numerous problems in light of the fact that the surrounding land is being developed into a fairly intense use. We have been in contact with the present landowner and have expressed our desire to work with him in trying to coordinate all the systems. We are more than happy to coordinate access through our subdivision as well as coordinate water supply, sewer access, and storm drainage. We believe that the land should be used as a trail and that if there is room for development it could be clustered in the widest portion of the land which is just north of WCR 8. The densities could be consistent with the adjoining land uses. We are more than happy to work with the present land owner and try to come up with a plan that makes economic sense, but we believe that the entitlement process should as a practical matter be processed in the City of Dacono and not with Weld County. We understand that there may be overriding legal positions,however from the standpoint of Dacono Estates LLC and our plans to develop our 240 acres we believe that it would be a travesty to have a ribbon of land approx. 1.5 miles in length divide, constrain, and restrict the all the development along WCR 11 from those on WCR 13. Rey, Bo Swenssoon Managing Partner Dacono Estate LLC CC: Weld County Planning Department Ken Dell Gil McNeish -I - 1 9 ELI 1 -� a � psi _ i . J� . 1 juirimr,' 1 j PdCY 1 '7 I - 1 B j� j. , .� 11/2 ,�I' ID Mc-MA _I _ . 1J� ,,yam xt/ Imo' X.. °0G I _ - 1 -y i� '°'�- mil � .,' /� _� _�� I'�l • i _ -... •11ftc li aq _ oq I' 1 I • ! li L 1 1�l / �/w 11.1 . '� — z i La11d Use Summary:_---_ / . �r- SINGLE FAMILY RESIDENTIAL I:- i _ • A: 357 Lots @ SO x I k � *�� i �j -r �.I ri- • B. 235 Lots @ 55'x 105' / ' 74 7 .I - I L.j F� :(J..1.- � /�� ,• 9• f+s« • C_ 1 1 5 L9S5 Ca1.6O'x I I O' ,' ---k-:Pr- +' .' 'ls tv / t TOTAL: 71 O LOTS �I ��/ • !'� r 144.03 ACRES i MULTI-FAMILY RESIDENTIAL 3.5 Acres - �' tXM : \t y , _ r dUnits t • 9 1••-:-.2�f't r _,..�.' Cree r 8.0 Acres i `E 's . , / n r .30:I FAR(104.544 5F) 1 r a y 'VV. •x 0 hAG CHURCH — !: r - as 't 5.0 Acres - 'ARKS/OPEN SPACE -�. �. _- _- _ ____ _ r_- 5 1.7 Acres �'\ -1 — ' I , RCAD ROW(Arterials) \ !--�\ -'—b -- — - 4.4 Acres TOTAL ACREAGE: 226.63 StauzrOlcm1 Dacono Estates -am 0 200 400 , ., Conceptual Site Plan 44 v5 F II .,,.,,. •f PF ... w4!isjXr 4. � y �.j i 22 �� a I25 ro , = CR11 if Ill! ,11 n Y I f i§R o l f -.�\ s . ; 7 g a�s f 020 mg � F�$ e� pp Cat , - mgagl 4! tilliiillg Id gilt F / SI I It ti 1 O 1 ' BE ARE ` I W CO $ rt—I " 0111 sr if O j 0M ` I O Lid 1, CR 8 , • s t 'J Y• '4 v p. `i 5 ' ry r \ 1 11 ! 4 { : c fix. 1b3. x 'i. } 4,. 1 s? .. 4 .. 1 _ 0 k. C O O AFTER 4Ill F• t �4+ W l w 0 O,, f , r t IJ cc I " N_.. V O: I W,` a• f � ^' CR8 ,4.. 'I' ij 4?.. err t 1 I� � i r tr% K. • ) Original 111111 11111 1111111 11111 11111 11111 11111 111 11111 1111 1111 458 3010458 1V02/2002 04.13P Weld County, CO 1 of 4 R 21.00 0 0.00 J.A. "Suki" Tsukamoto 2118-30 QUITCLAIM DEED Ro Z 7 (�' S -C a_ MISSOURI IMPROVEMENT COMPANY, a Missouri corporation, Grantor, in consideration of the sum of Ten Dollars ($10.00), and other valuable consideration, to it duly paid, the receipt whereof is hereby acknowledged, does hereby REMISE, RELEASE and forever QUITCLAIM unto RONALD M. WARNER, Grantee, whose address is 4227 N. 119th Street, Lafayette, Colorado 80026, Grantee and unto his heirs and assigns forever all of Grantor's right, title, interest, estate, claim and demand, both at law and in equity, of, in, and to the real estate (hereinafter the "Property") situated in Weld County, State of Colorado, as more particularly described in Exhibit A, hereto attached and hereby made a part hereof. EXCEPTING from this quitclaim and RESERVING unto Grantor, its successors and assigns, all coal, oil, gas, and the minerals and mineral rights of whatever nature or description, kind or character, like or unlike, known or unknown, and whether occurring in solid, liquid, vaporous or other and different forms in, on or under the Property; provided, however, that no operation of investigating, exploring, prospecting or mining for or storing or transporting said minerals or any of them, shall be conducted or placed upon the Property. It is expressly understood that the subjacent support of the Property may have been impaired by mining operations heretofore carried on beneath the surface thereof, and the quitclaiming of the Property is upon the condition that Grantor, its successors and assigns, shall not be liable for damages resulting therefrom. IN WITNESS WHEREOF, the Grantor has caused this deed to be duly executed as of the o?Gyh day of Ahoern6eR , 20Oa • Attest: MISSOURI IMPROVEMENT COMPANY C0.-- By k .Assistant Sec ry T. K. e, President Ke•`O1/40V E 11FH1; , VP , ,My' L i VML'2T4$J0 QCD.doc , JOl1R1 , } 11111111111 UM 1111111 'till III IIIII IIII IIII 3010458 12/02/2002 04:13P Weld County, CO 2 of 4 R 21.00 D 0.00 J.A. "Suki" Tsukamoto ACKNOWLEDGMENT STATE OF NEBRASKA ) ) ss. COUNTY OF DOUGLAS ) On A4( rn4e,P_ c't , 20 , before me, a Notary Public in and for said County and State, personally appeared T. K. Love and C.J. MEYER who are the President and the Assistant Secretary, respectively, of Missouri Improvement Company, a Missouri corporation, and who are personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to in the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Notary Public (Seal) rr GENERAL NOTARY-State of Nebraska D.D. BROWN ,• My Comm. Exp. March 1,2004 G:\LAWADM\PAR\JML\2118-30 QCD.doc r• MISSOURI IMPROVEMENT COMPANY(MICO) Weld County, Colorado EXHIBIT "A" Parcel 1 A parcel of land situate in the N1/2 of Section 13, Township 1 North, Range 68 West of the 6th Principal Meridian, in Weld County, Colorado, being all that portion of that certain parcel of land heretofore conveyed by William H. Akers to Union Pacific Railroad Company by that certain deed dated November 13, 1905, recorded November 27, 1905 in book 212 of deeds, page 279, of the Weld County deed records, extending in a northerly direction from the south line of said N1/2 to the north line of said Nl/2,as hereinafter more particularly described by metes and bounds. Parcel 2 A parcel of land situate in the N1/2 of Section 13, Township 1 North, Range 68 West of the 6th Principal Meridian, in Weld County, Colorado, being all that portion of that certain parcel of land heretofore conveyed by The Western Land Company to Union Pacific Railroad Company by that certain deed dated May 19, 1909, recorded June 2, 1909 in book 233 of deeds, page 497, of the Weld County deed records, EXCEPTING the westerly 150 feet thereof, extending in a northerly direction from the south line of said N1/2 to the north line of said N1/2, as hereinafter more particularly described by metes and bounds. The above described two (2)parcels contain a combined net area of 15.65 acres, more or less, and collectively is the same property heretofore conveyed by Union Pacific Land Resources Corporation to Missouri Improvement Company by that certain deed dated September 28, 1995, and recorded on November 6, 1995, as reception No. 2462577, in book 1517, page 679 in the Weld County deed records, EXCEPTING FROM SAID DEED, all that portion of said property situated in Section 12,Township 1 North,Range 68 West of the 6th Principal Meridian. Said property conveyed in that certain deed dated September 28, 1995 is more particularly described by metes and bounds in said deed as follows: Beginning at a point on the north line of said Section 13 that is 75.00 feet easterly, measured at right angles, from the centerline of the main track of the Dent Branch of the Union Pacific Railroad Company,as formerly constructed and operated; Thence parallel with said centerline of main track, S. 6° 57' W., a distance of 2671.0 feet, more or less,to a point on the east-west centerline of said Section 13; Thence along said east-west centerline of the Section 13,N. 89° 59' E., a distance of 121.8 feet, more or less, to a point 50.0 feet easterly measured at right angles, from the centerline of the Washington Mine Spur track of the Union Pacific Railroad Company as formerly surveyed, located and staked out; Thence parallel with said centerline of the Washington Mine Spur, as formerly constructed, N. 12°27' E., a distance of 2355.53 feet to the beginning of a tangent curve, concave northwesterly, having a radius of 11,509.2 feet; 10111 11111 11111 11111 11111 HE III 11111 IIII lilt 3010458 12/02/2002 04:13P Weld County, CO 3 of 4 R 21.00 D 0.00 J.A. "Solo" Tsukamoto • • . - 4 Thence northeasterly along said curve, and parallel with said centerline of the Washington Mine Spur as formerly constructed,an arc distance of 803.49 feet,through and angle of 4° 00'; Thence continuing parallel with said centerline of the Washington Mine Spur, as formerly constructed,N. 8°27' E.,a distance of 4941.59,more or less,to the north line of said Section 12; Thence along the north line of said Section 12, S. 89° 59' W.,a distance of 101.09 feet to a point 50.0 feet westerly, measured at right angles, from said centerline of the Washington Mine Spur, as formerly constructed; Thence parallel with said centerline, of the Washington Mine Spur as formerly constructed, S. 8° 27' W., a distance of 4956.41 feet, more or less, to the beginning of a tangent curve, concave northwesterly,having a radius of 11,409.2 feet; Thence southwesterly along said curve and parallel with said centerline of the Washington Mine Spur as formerly constructed, an arc distance of 430.0 feet, through an angle of 2° 09' 34", to a point on the north line of said Section 13; Thence along said north line of Section 13, S. 89° 59' W., a distance of 277.62 feet,more or less, to the point of beginning. Office of Real Estate Union Pacific Railroad Company Omaha,Nebraska Written: August 13, 1998 REVISED May 17,2000 REVISED September 9,2002 REVISED November 26, 2002 Written by: JCO/Approved by:jln 168990a.leg 1111111111111111111 I I I I 11111 11111 11111 111 1 1111 1111 1111 3010468 12102/2002 04:13P Weld County, CO 4 of 4 R 21.00 D 0.00 J.A. "Sukl" Tsukamoto 2 Hub, 4. iuui 4: 7 /NA ^. • NO. 012 P. 4 • CERTTkTCATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUTY OF WELD The Security Title Guaranty Co.TPTLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has been made a careful search o its records,and finds the following conveyances affecting the real estate described herein since August 30,1972,and the most recent deed recorded prior to August 30,1972. LEGAL DESCRIPTION: A tract of land located in the Southwest One-Quarter of Section 13,Township 1 North,Range 68 West of the 6th P.M..,being more particularly described as (see attached Exhibit A) CONVEYANCES if none appear,so state) Reception No.3010457 ,Book 2002 Reception No.Page 213 ,Book 305 Reception No.Page 439 ,Book 266 Reception No.Page 279 ,Book 212 Reception No. ,Book Reception No. .Book Reception No. ,Book • Reception No. Book The certificate is made for the use and benefd of the Department of Planning Services of Weld County, Colorado. This certificate not to be constructed as an Abstract o Title no an opinion of Title,nor a guarantee of Title and the liability of Security title Guaranty company,is hereby limited to the fee paid for this Certificate. In witness Whereof,Security Title Guaranty Company,has caused this certificate to be signed by its proper officer this 4th day of August,2003,at 3:15P.M.. r Title Comp_ ��f✓��/ Dried Signature SiTide C3tta�raabY Co. also w.loth - CO 80634 (970)3563200 FAX Toll Free:1-8 1 14 AUG. 4. 2003k 4 ; 57PM NO. 012 P. 5 41 A tract of land located in the Southwest One-quarter of sectitm'13, Tcw a+r 1 North, Range 68 west of the 6th Pat, being sere particularly described amt Cotiidprinq the South line of the Scathwesb one-Quarter of said Section 19 to Lear South 89'04.91' Nast, and all bearings contained herein being relative thereto; Beginning at a point on eke south line of the Southwest One-Quarter of said Section 13, whence the Southeast comer of said Section 13 bears South 89'04'31' last, 1971.12 feet; thence leaving the South line of the southwest One-quarter of said Section 19 and along the rights-ot-way of the talon pacific Railroad, North 06'49.30' Bert, 1013.65 feet; thence, South 81'56'07• East, 77.17 feat to a point on a carve 141 ee cite right which has a neutral angle of 4'08.08'. a radius of 6690.59 feet, the chord of which bears North 10'20.40' past, 482.83 feet; thence North 12'24'46' last, 1174.31 fest to a point on the North line of the Southwest Cea-quarter of said section 13; thence South 81'40'49' east, 102.27 feet; thence leaving the North line of the Southwest One-quarter of said Section 13 and 81®g the rights-of-way of the Union pacific Railroad. South 12'24;46. West, 1195.74 feet to a point on a curve 1 ';.21 to the left which has a central angle of 4.07'57', a radius of 6590.49 feet. the chord of which bears South 10'20.46' west, 475.34 feet; thence, south 81'56'07' last. 70.43 feet Ce a point on a curve (Cl) to the left which has a central angle of 1.41.18', a radius of 5604.57 feet, the chord of waieb been South 07.22.36• Went, 165.15 feet; ' thence, South 06'31.56' west, 619.31 feet to a point on the South line of the southwest One-Quarter of said Section 13: thence, North 89'04'31' West, 251.47 feet to the point of Beginning. " county of weld, State of Colorado. 07/21/03 10:58 FAX /,.y WELD ASSESSOR i'.,`_ RJ002 OFFICE OF THE WELD COUNTY;ASSESSOR. PHONE(970)353-3845,EXT 3650 FAX(970)304-6433 WEBSITE:www_co.weld.co.us WELD COUNTY ADMINISTRATIVE OFFICES 1400N. 17TH AVENUE C. GREELEY,CO ORADO 80631 COLORADO July 21, 2002 RE: Parcels for Ronald M Warner Abandoned railroad property To Whom it may Concern, The following parcels are new parcels for 2003. Because they were previously abandoned railroad property they were not on th tax roll for 2002, therefore, no taxes were due. The 2003 taxes will be due in 2004. Parcels are: ACCOUNT# PARCEL # 82142403 146713300018/ R2142303 146713300017V R2142603 146713100020 V R2142503 146713100019 • Stan Sessions Weld County Assessor November 29, 2002 Folder 112-11 LEASE CANCELLATION NOTICE U. S.CERTIFIED MAIL RETURN RECEIPT REQUESTED JAMES L. GLARDON 6743 WCR 6 BRIGHTON, CO 80601 Dear Jim: RE: Cancellation of Lease Audit No. OMA-7965 at St. Vrains (Dacono), Colorado Reference is made to the above mentioned lease dated May 20, 1986 between the Railroad and you covering use of certain property owned by the Railroad for Agricultural purposes. Please be advised that the Railroad hereby elects to cancel your lease effective as of the date of this letter in accordance with the terms of the lease. Consequently,you should receive a refund of unearned rental for the current year in the mail shortly. Please ensure that anything possibly stored on the leased premises is removed as soon as possible. Enclosed is a print showing the leased premises for your reference. If you have any questions regarding this letter or your lease, please feel free to call me at(402) 997-3614. Yours truly, Original Signed J.L NELSON Jack L.Nelson Manager Real Estate IEXHIBIT 1O-ao_7po3 A 5Gm:m-31854 t - CYWe CENTRAL WELD COUNTY WATER DISTRICT August 7, 2003 Mr. Ron Warner P. O. Box 623 Erie, CO 80516 RE: Water System Improvements on Weld Co. Rd. 8 Dear Ron, As agreed, the District has installed an 18" x 8"tee with an 8" gate valve at the centerline of the old Union Pacific Railroad track and right-of-way located on Weld Co. Rd. 8 between Weld Co. Rd. 11 and Weld Co. Rd. 13. In addition, one twenty (20) foot joint of ductile iron pipe was stubbed out to the north. Please find attached an invoice for$3,000.00 for the above materials and installation per our agreement. Please call if you have any questions. Sincerely, CENTRAL WELD COUNTY WATER DISTRICT J. L. Walter Staff Engineer JLW/rg Attachment EXHIBIT Ito-220. Zan 5 ' -Itnec - . 761 2235 2nd Avenue • Greeley,Colorado 80631 • Phone(970)352-1284 • Fax(970)353-5865 John W.Zadel,General Manager City of Dacono r11,1 512 Cherry Street • Post Office Box 186 'y Dacono, Colorado 80514 ( (303) 833-2317 • (303) 833-2319 • (303) 833-5562 4 . • • (303) 833-4058 • Fax (303) 833-5528 August 27, 2002 Mr. Jack Nelson Union Pacific Railroad Company 1800 Farnam Street Omaha, Nebraska 68102 Dear Mr. Nelson: The City of Dacono has been in conversation with you, and with Mr. Bob Swenson, about the purchase of approximately 37 acres of abandoned Union Pacific Railroad right-of-way, and we would like to affirm our strong interest in this property. For many years, the railroad right-of-way has been seen as an opportunity to create a significant regional trail system. The stretch between WCR 8 and CO 52, which is within Dacono's growth area, has been shown in our Comprehensive Plan as the major local link, and a continuation of the Firestone trail to the north. Now there is a joint effort that includes Boulder and Weld counties, the cities of Dacono and Longmont, the towns of Erie, Frederick and Firestone, the Colorado Division of Wildlife, and Colorado State Parks to bring this dream closer to reality. This coalition has recently submitted a joint grant request for over $7 million dollars to pull together the "St.Vrain Open Lands and Trails Legacy." The Union Pacific right-of-way is a critical link in the long-term program. Last night the Dacono City Council discussed the importance of the railroad property to its long term goals, and those of its neighbors. The City confirmed its desire to do everything in its power to acquire the property for trail purposes. If it would be simpler for Union Pacific to sell the property to the City rather than a private party, we would be happy to work with you on such a process. We are pursuing much of the trail development as a public/private partnership, and we are willing to pursue any available legal options to acquire this Union Pacific property for this public purpose. We look forward to hearing from you. Sincerely, t— lh its Wade Carlson Mayor cc: Bob Swenson, FS Land Development 1 to- °en � 6 I r i > < E Rev/ r No 0 f I^ LONGMDNT � .4.. Hnf.119 -1 , ,��3 -. Off, e c a .� .� / Hwy.119 s _ 2 se. . jj" o p ✓5 5. i;freo, '� ,� ! f a 'P �_ - t1/4 V fon 4) r n Rum y W U fa, l' _ pi o • ate FLRESTO , , _:, I e =-5. r V ff \ vs RI 4/ RED)1 ) L Hwy.52 - el ^ I ----- \ 13 , (----, ACO 13 =,—. _ 10 , j" ��•ii:` Cry.Rd.R / .?'�y Cry.R4 ice:., EI21EI: `- ', _ 2 � � r /rr a >, F --ti = - 31 w r r 2 I~ ef �. _ r ° �.. LAFAYEi'f£ f J W� 5i nI 11 M • ♦ l�.n Nom,iMa.BM p7• C i BROOMN1p +�" J THORNTON TRAIL MAP Front Range Trail 4 LEGEND SL Vrain Legacy Trail \__,,....07, ,. SCALE: ' • ____•--- \ -... coRvc„ma m a ,mo,ma. °g 0 MILES 2 MILES I MILES O =TH EXHIBIT -_ ---- fO_.'ZT.V303 V tip 1 [1 Z j Ho .� c. ..I U a V ° Q N * � � _ 1i�f is 0C)1 - --- flU t Ital +Y.,,, O XL.) r- •o° U p zw o W I p —.'w� .w W W W v N y z O z k a i InU •I k z • cv 4) � I wCa zO_ cv � F wp so .5 G.17------ Ic4 W `"." E- - - 2 arm a `�...,I.r Q. W, ,y O (,r ty 71 C5 a.Ir RI J _ W.n,i.raa.•�l 41aa e• ' 1' ..., . ., lul 'fir 4I '� � 1 — W aPY I..[ Yaa4YMY1 • < .xa8C�_til.lIZILW yirl Y. n ta •• I .'S1. i i , Ir / ,II "I 1l • -1. Y.Y.ew.a..WY+.... /I1 II. I: li / r C ' • I ,� u ha J k W• Oia If II ,I. r• �J! a l I i:l • y�QA VW 0.444 i G Y , NW4.IM"1-.6 4; .'OX 413414 a.,.-..Y... Ib:;,= ^aa„. .F.......‘..,....an. ...n! +, IFa.N'ry.•ya I....I .' • YIrY1• I.ul'YG.14 L0 0a rat tug lusts G-,yNO.y- F.d ...I ~1... Y I ....,,r s�ei . I y / Y4• Yu�4aM .....1. ti I w •u•I I i '`r� •.p. • i f l / I \\,, • ,� 'lam.--.... '" \. y a: ter.iii ri — Glenn Vaad - Board meeting for 10/22/03 Page 1 From: <Builtwcare@aol.com> To: <dlong@co.weld.co.us>, <gvaad@co.weld.co.us>, <rmasden@co.weld.co.us>, <bjerke@co.weld.co.us>, <mgeile@co.weld.co.us> Date: 10/21/03 4:16PM Subject: Board meeting for 10/22/03 Dear Sirs, I am writing you this e-mail upon advisement to ask you to reconsider your decline on my RE and SE's heard on 10/20/03. I would like to have the opportunity to speak and answer questions on 10/22/03. I have consolidated my information from the questions that were asked yesterday. I also have additional information proving I have access to Weld CTY. Rd. 8 & 10, which I was told was the biggest issue at hand. Don , from Weld Co. Transportation, who was there yesterday, said in his recommendation and on the phone yesterday, that I legally cannot be denied reasonable access to my property, and believes I have access that cannot be taken away from me,just because of new jurisdiction on the road. I found in my title work today , that was a part of my COC to planning , that in my chain of title from Union Pacific I have clear proof of always having access, "undeniable access", to Rds. 8 & 10. I do not believe the fact's were clear enough from both myself and the others present. 1.)The fact that I am surrounded by annexed property is not true. I am bordered to the North by apx. 340 ft. of weld county rd. 10, and on the other side of that the developer called me this morning at F & S developments request and has no problem with my proposed property use. 2.) The only other property line that is adjacent to mine is apx. 1,000 ft. of"proposed annex" property of F&S development property. That means that for a mile long piece of property all of the other property lines are"Weld County Agricultural". 3.) I have pictures for you from today ,of my property showing it was planted agricultural, and all the agricultural property around me. 4.)Also, I am willing to work in any way I can with Dacono, but I want to keep my property Weld County agricultural. 5.) In my lot line adjustment and RE requests, I addressed that all of the utility needs can be met on the property, without taxing any of the city of Dacono's needs. 6.)Also in my deed work, it was not mentioned yesterday, that I have no problems with oil or gas wells on all of my property, in fact ,they, Union Pacific, stated in my deed that they have no right to access on or through my property, and that any exploration or mineral extraction could not interfere with my use of the property. 7.) I do meet the same surrounding uses of my property. And would like to keep it that way for others to enjoy a small piece of Weld County. The parcel sizes in front of you today if approved are 6.16acres, 4.64,4.63, 7.28 and 5.69 acres respectively. Also upon advisement, would one of you please e-mail me with a reply for tomorrow's meeting that you will call me back up for consideration. Also, please, EXHIBIT could you e-mail me with the reasons that caused the decline, so I can make /0-ZZ-loco A Glenn Vaad - Board meeting for 10/22/03 Page 2 sure each point is clearly addressed to you tomorrow. Thank you very,very much for your time. Sincerely, Ronald Warner 9 • fA • At a' R„� M y 0.1W •..J ♦s ;a. fiAr •yYAA Jx, t^P 14%-..'4',14)... 'Sf M 9i e x Its - i a.- y •�a -f. �l r Wta2K , I • it c X11- ,( u, tea' ° �.�irk AM,,,t " u � �� =„. 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S k,` i { ,„ (,` 4, s,F 'F*" °6 "3 a s �. < _ '\ t .'.. ...* •% • • CERTIFICATE OF CONVEYENCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUTY OF WELD The Security Title Guaranty Co. TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has been made a careful search o its records,and finds the following conveyances affecting the real estate described herein since August 30, 1972,and the most recent deed recorded prior to August 30,1972. LEGAL DESCRIPTION: A tract of land located in the Southwest One-Quarter of Section 13,Township 1 North, Range 68 West of the 6th P.M.,being more particularly described as (see attached Exhibit A) CONVEYANCES if none appear,so state) Reception No. 3010457 , Book 2002 Reception No. Page 213 , Book 305 Reception No. Page 439 , Book 266 Reception No. Page 279 , Book 212 Reception No. , Book Reception No. , Book Reception No. , Book Reception No. , Book The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate s not to be constructed as an Abstract o Title no an opinion of Title,nor a guarantee of Title and the liability of Security title Guaranty company, is hereby limited to the fee paid for this Certificate. In witness Whereof, Security Title Guaranty Company,has caused this certificate to be signed by its proper officer this 4th day of August,2003, at 3:15P.M.. Security Title G aranty Company By: uthorized Signature Security Title Guaranty Co. 3690 W. 10th St.,2nd Floor Greeley,CO 80634 (970)356-3200 •FAX(970)356-4912 Toll Free: 1-888-8253215 , ''"11,1",41 3 =aa e. • A tract of land located in the Southwest One-Quarter of Section 13, Township 1 North, Range 68 West of the 6th P.M., being more particularly described as: Considering the South line of the Southwest One-Quarter of said Section 13 to bear South 89'04'31' East, and all bearings contained herein being relative thereto; Beginning at a point on the south line of the Southwest One-Quarter of said Section 13, whence the Southeast corner of said Section 13 bears South 89'04.31' East, 1971.12 feet; thence leaving the South line of the Southwest One-Quarter of said Section 13 and along the rights-of-way of the Union Pacific Railroad, North 06'49'30' East, 1015.65 feet; thence, South 81'56'07' East, 77.17 feet to a point on a curve (C3) to the right which has a central angle of 4'08.08', a radius of 6690.59 feet, the chord of which bears North 10'20'40' East, 482.83 feet; thence North 12'24'46' East, 1174.31 feet to a point on the North line of the Southwest One-Quarter of said Section 13; thence South 89'40'45' East, 102.27 feet; thence leaving the North line of the Southwest One-Quarter of said Section 13 and along the rights-of-way of the Union Pacific Railroad, South 12'24;46: West, 1195.74 feet to a point on a curve (C2) to the left which has a central angle of 4'07'57', a radius of 6590.59 feet, the chord of which bears South 10'20'46' West, 475.24 feet; thence, South 81'56'07' East, 70.43 feet to a point on a curve (C1) to the left which has a central angle of 1'41.18', a radius of 5604.57 feet, the chord of which bears South 07'22'36' West, 165.15 feet; thence, South 06'31'56' West, 819.31 feet to a point on the South line of the Southwest One-Quarter of said Section 13; thence, North 89'04'31' West, 251.47 feet to the Point of Beginning, County of Weld, State of Colorado. Jul-28-2003 02:54pm From-TIMBERROC CONST INC +3038280306 T-104 P.002 F'350 111111111111111111111111111 III 11111 III! 111 457' 3010457 12/02/2002 04:13P Weld County, CO 1 of 5 R 26.00 D 6.68 J.A. "Suki" Tsukamoto (.CC (o.(f6 1689-90 QUITCLAIM DEED 1/0S7 0945/63-- UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, Grantor, (successor in interest by merger to Union Pacific Railroad Company, a Utah corporation) in consideration of the sum of Ten Dollars ($10.00), and other valuable consideration to it duly paid, the receipt whereof is hereby acknowledged, does hereby REMISE, RELEASE and forever QUITCLAIM unto RONALD M. WARNER, Grantee,whose address is 4227 N. 119th Street, Lafayette, Colorado 80026 and unto his heirs and assigns forever, all of Grantor's right, title, interest, estate, claim and demand, both at law and in equity, of, in, and to the real estate (hereinafter the "Property") situated in Weld County, State of Colorado, as more particularly described in Exhibit A, hereto attached and hereby made a part hereof, together with all after acquired title of the Grantor therein. EXCEPTING from this quitclaim the railroad trackage, ties and track appurtenances located on the Property, and RESERVING unto the Grantor, its successors and assigns, a temporary easement on, along, over and across the Property for said railroad trackage, ties and track appurtenances. This easement will expire when Grantee completes the removal and salvaging of the track, ties and track appurtenances, or one year from the date of this Quitclaim Deed, whichever occurs first. No further documentation from Grantor will be required to release this temporary easement after Grantee has completed its removal and salvaging operations. FURTHER EXCEPTING from this quitclaim and FURTHER RESERVING unto Grantor, its successors and assigns, forever, all minerals and all mineral rights of every kind and character now known to exist or hereafter discovered underlying the Property, including without limiting the generality of the foregoing, oil and gas and rights thereto, together with the sole, exclusive and perpetual right to explore for, remove and dispose of said minerals by any means or methods suitable to the Grantor, its successors and assigns, but without entering upon or using the surface of the Property, and in such manner as not to damage the surface of the Property, or to interfere with the use thereof by the Grantee, his heirs and assigns. It is expressly understood that the subjacent support of the Property may have been impaired by mining operations heretofore carried on beneath the surface thereof, and the quitclaiming of the Property is upon the condition that Grantor, its successors and assigns, shall not be liable for damages resulting therefrom. RECEIVED TIME JUL. 28. 1 : 14PM Jul-2B-2003 02:54pm From-TIIEERROC CONST INC +303B200306 1-104 P.003 f-350 111111 III 1111111 MINI 011111111111 3010457 12/02/2002 04:13P Weld County, CO 2 of 5 R 26.00 0 6.68 J.A. "Suki" Tsulamoto IN WITNESS WHEREOF, the Grantor has caused this deed to be duly executed as of the�7A day of demtle,P , 20 Off- . Attest:: UNION PACIFIC RAILROAD COMPANY l 1 �� Tide:By Assistant S r ry GENERA`MANAGER-REAL ESTATE (Seal) • ;, 0.AILR0 a 4 �,•Q�pORq� cpro� . ` CELAWI. • lt ,t,DATAIWORWW ORD-SALES 2000,9ALE0 20020609-90 000,000 RECEIVED TIME JUL. 28. 1 : 14PM Jul-28-2003 02:54pm From-TIIBERROC CONST INC +3038280306 T-104 P.004 F-350 111111111111111111111111111111111111111III 11111 1111 ►111 3010457 12/02/2002 04:13P Weld County, CO 3 of 5 a 26.00 D 6.68 J.A. "Suki" Tsukamoto ACKNOWLEDGEMENT STATE OF NEBRASKA ) ) ss. COUNTY OF DOUGLAS ) On Jlewen ie. e -.2c , 20 0,-; before me, a Notary Public in and for said County and State, personally appeared TONY K LOVE and • G.J. MEYER who are the GENERAL MANAGER-REAL ESTATE and the Assistant Secretary, respectively, of Union Pacific Railroad Company, a Delaware corporation, and who are personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to in the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. _________ Notary Public (Seal) iGENERA4 NOtARY.SIaIe of NebraskaMY Co Bq OW mm. rap. MUM , 2000 3 H:IDATAMORawaRo-SALES 2000ZALES 10021160990 0CD.D00 RECEIVED TIME JUL. 28. 1 : 14PM Jul-28-2003 02:54pm From-TII$ERROC CONST INC +3038280306 T-104 P.095 F-350 • 1111111111111111111111111111111111111111 III 1111111111111 3010457 12/02/2002 04:13P Weld County. CO 4 of 5 ft 26.00 D 6.68 J.A. "Suki" Tsukamoto UNION PACIFIC RAILROAD COMPANY Weld County, Colorado EDIT "A" Parcel 1 A parcel of land situate in the S1/2 of Section 13, Township 1 North, Range 68 West of the 6th Principal Meridian in Weld County, Colorado, being all that portion of the certain parcel of land heretofore conveyed to Union Pacific Railroad Company by that certain deed dated November 13, 1905, from William H. Akers, recorded November 27, 1905, in book 212, page 279 of the Weld County deed records, extending in a northerly direction from the south line of said S1/2 to the north line of said S1/2 said Section 13. Containing a net area of 9.41 acres,more or less. Said Parcel conveyed in deed from William H. Akers is more particularly described in said deed as follows: A strip,piece or parcel of land situated in Section Thirteen(13),Township One(1)North,Range Sixty eight(68)West, 6th P.M. and described as follows,to wit: Being a strip two hundred fifty feet in width being one hundred and twenty five feet in width on each side of the center line of the Washington Mine Spur Extension of Union Pacific Railroad as surveyed, located and staked out through,over and across a part of said section described as follows: Commencing on the south line of said section or at station 29+13 of said railroad and running north and slightly east a distance of one thousand feet. And also a further strip one hundred feet in width being a strip fifty feet in width on each side of center line of said railroad as the same is surveyed,locate and staked out,through over and across said section described as follows: Commencing at last described point one thousand feet north of section line and running thence north and slightly east to the north line of said section or to station 82+70 of said Railroad. Parcel 2 A parcel of land situate in the SE1/4 of Section 13,Township 1 North,Range 68 West of the 0 Principal Meridian in Weld County, Colorado, being all of that certain parcel of land heretofore conveyed to Union Pacific Railroad Company by that certain deed.dated June 3, 1909, from William H. Akers, recorded June 18, 1909,in book 305,page 213 of the Weld County deed records. Containing a record area of 3.58 acres,more or less. Said parcel conveyed in deed from William H. Akers is more particularly described in said deed as follows: All that part of the South West quarter(SW'/)of Section No.Thirteen(13),in Township One(1) North, of Range Sixty eight (68) West of the Sixth Principal Meridian, which lies easterly of a line drawn parallel with and seventy five (75) feet distant westerly from the center line of the main tract of Union Pacific Railroad (known as the Denver-northern line) as the same has been surveyed, located and staked out through, upon, over and across said Section Thirteen (13), and RECEIVED TIME JUL. 28. 1 : 14PM Jul-28-2003 02:54pm From—TIMBERROC CONST INC +3036280306 T-104 P.006/019 ' F-350 1111111111111111111111111111111111111111111111111nnu■l 3010457 12102/2002 04:13P Weld County, CD 5 of S R 26.00 D 6.68 J.A. "Suki" Tsukamoto westerly of the westerly right of way line of the constructed line (known as St.Vrains Branch of Union Pacific Railroad), said strip, piece or parcel of land herein conveyed,containing an area of 3.58 acres more or less. Said center line crosses the south line of said section 3153.0 feet west of the southeast corner thereof and extends northeasterly on a tangent to intersection with the north line of said section at a point 2503.0 feet west of the northeast corner thereof. The above described 2 parcels contain a total area of 12.99 acres,more or less. • Office of Real Estate • Union Pacific Railroad Company Omaha,Nebraska Written:August 13, 1998 REVISED: May 17,2000 REVISED September 9,2002 Written by:JCO/jln 168990.Ieg 2 RECEIVED TIME JUL. 28. 1 : 14PM uI-28-2003 03:11pm Fru'-TILBERROC CONST INC +3038280306 T-105 F.017/021 F-351 (600\4.305 I42_1-Sr wh 4 • c. L',r.Aa *O L RRAL.- ...,,4 a . v(AMINED1 4'J WflWrrcm 2.10111D,—n.ow:-.e nwlrrw Madero"n.,or,.a.Awls •'•'• .'-�(s t .____ ,.-. Wigs Bred, Made thi........ ...J•'� day ef. c st between WARRANTY DEED. in the year of our find ono Moment: hArdml d.(IlLL�pte. . D ,Ine'twenr = MOM _.:7' .the.,,ty fit!/.)./ten a. 2ue/e/4irfta.. eZ i.4..hat et_ ') State of Soluble, : 41-1.4 w., L2 .4La4.i.06/ / of the O _}l� � - /7 County of ern./ wA State of Col F�uZ� p'Nos �I of the Silt part,andKA'feirtt:c}cc . .�aCit t.cco a l Hnt a.ycq a 2.QB_ V L.Cfntad�O/-1lkybadryr of ' .. .C..iy ' ... •enFFk...eefF' "" (0/ of the emend part; • on re dir AIM n( I �/1 IVITAq'RSINJT//,Thu the avid part. ..:/..if the lint pan,for and In eoaMderation of the sum of ' DOLLt1Le, STATr:OF COLORAt10,1,,; .4dr.tuu[.r,Ae&G cd77le[a .L2,it DOLLARS, Warrd pnn,ono rent l w,or Meta p mg wmmnly Lked war m.,l h.rrtanl as to die raid puteeLQ.of the fine pan In h. d nl by the mill panV..._N the amend pert,the receipt rid rmveyni,real • l .p 'l whereof i hereby coarser.' and aekiawtod rnl,hulk...wanted, nrpnlned, weld and conveyed,and tun/4. .o( Ihr // .d•wkHLn., 4/�..aro, mmi-_ref nn by there plywenu do— b bargain, s f, nmvna rend mum' unto the aid pan ....ol .O .(*rrnhy nl Wit!,;I Lf A e...a.. second pan.tr0/leufw nnA steins forever, all Ma following Atwrrilltd Inar.e�parai:.of 1 by..... . ...GI land,ANlnte, lying end boeing in the,.. .. . .. .... ....._Gamey of Weld, ----- --- f'?" and State of Cdonwln,to-wit: _ Le.t-e I h Qua>fte./-�.a4t-al.'h .dr ltaw Mad/• La 1Z44r 1W)r!vst'u/,ltrvv '/'G.Oil-vier r pvu__. Onet.on,v orreentttf,0Lo. &M(//-2zp-u ,s/ C ',Lo. ri-ty. .ze ter4r)9y1tt-�.,�� •��-dp.: 6 .+.xt6.la.,. OfiLet!'Tlt//ud�an, ev/cGit 1 _ a ettdcu *v.dG�'rr t 49X ter rt. erne l�' t fin /'disci !our it [.G}t/r .e.q di O?tcz4 er setw.', e,. Oba7C ,/(7Y.(.L} .na /C' rVliisLfl"i'- l�B�:-t r�..G vat[)a.c. r7/i nu:i iI �teL r rd.��.L�//.t.�uewe(s�c%/'( ea t� ze d �Ca 4ed a we-- v//{ a .eL v .anew -Meatp� rC'II %a a-a/,.�[d2.[ ',4te4oln, &+wept -r, /9r a•/. e -ev¢r� rf.G LiE.Oi- � �r/t/ Ai-Ot.Lte�ieu�F�� eLC• ('Q,/✓BL/e/IL t2a'.,�111/�'®!/ILtL�L}dGr. j�celf✓'.s/-!%i.I 1. 7/_ si � n iliLesr4,Att,Lc-0-. rt ce #t eU �O 6.e.ed..ad-, e/,.&nt.- twee! fa��{f1 sate anew r ?ft ae c�:4 .r �.�z/,o-,// tai. C� � �11 • /es*gdue tt t%L}dal6 it-y.B{µrL-La ,r[J/444�:" t'C*.n,soi a •. .4.(J�jt_ J dawFiECatta.- w/ pier✓.te7e.lo'/taS Act �!- .it.* w/ . t 2L,4t.e /.dadsaaetp 01M2�e ctrl?.ro.x*tiled / re ineet.eA eLt/_14tl21-.— lite n+Ymiat nerd TOG HT/fhyk with nil and einruler die hrnallllmnn4 end aprammneren thereunto!relenting.or in anywise ygariaining, and the reversion end wltnlrener of the rev'ereiona,.remalmler and reminders, rents, isms and profile thereof;and all die mum,right.title,intermit,claim and demand whatsoever of the Iriamnro.. odd part:get..of the find ion,either in law or equity,of,in—.eel to the!idea bargained peemiaa,with the hereditament!anddd aappurrtenance,. • ,vi 7'Dcl144 AND TO //OLD the me premixes!hove bargained end dawdled,with the eppttrtctancn,nn1C/4unC wait a wt1 par5}r.f.._�_ojf ytltn nnoad prim Aacetu/,terese and swipe forever. And the Mai 1 / ..of die ruts ant V• fi'Y IA Q, .4,k aced/, - -- ...•fine an pert uJ�} .,d the ��rI •I ..G/ r., o ., o. covenant, ....--_. gam raid o(the...af the awn,eii.. of llw fodruveJruu,y,Lj../ .heirs, e.ennem and ndminimnaton, do— eovetnnu,gent, bargain and agree to and yith tins aid ptny....01 the second pert6/eAuCaette t/Jrilw and nladg,m, that at the time of the rivaling and delivery of those pit cnte.ia/ _2A[_,well.Yuu,J of the .•meet right,fill premises above conveyed,as of goal,sure,perfect,nlsolute Anil indcfea iblo estate of lithedtaneo,in law,in fee Ample,Lad haZK.,_goad right,fun dtelear from all power and lewfnl authority le gent, Imtptin,sell rind convey the Jame in manner and form afomuid,and that the tome w free Anil clear from all -.446. Jeff, • Iarata end other grant,Imrptinl,male,Sousa(wean,arenatrenla and inrun,hrenrn tf whatever kind C,�+" _tAl/ nature rouvve�.✓I.fi2/H. 1 f' d aeuurw. .41.itee< von!Ff..ei+rib` ittree.v..teLt dalguuGev.)iti are .04.49.¢aeil.4.t.A.r/. ". . rit�aJr�..,a� at<Q.1,44Cr4':aLe�ylLty'a�tf/.7t&i s.ear.4,�,n/� 0 '/- he litre lean.hall end the above biennial premiere, h /1✓ quiet and penenla'f1_laentarien of the mid pantj..._uf the weed pariAatetilac4tl,lar and . aselpta trainee all end every l .nolt or tenoni lawfully daintier or to daunt the whale or any ladthereef,the mid pattLtd..o(the lint put shall • and will WAItltANT AND FOREVER DEFEND. lien dev and per IN IFITN SS n'NNNIvr,The raid atlu..of pro that f. part Lwror.._hereunro kt.y t<W.........halddmd aul.d{tMr day and year .,. riltubove written.[ . •'swT. ../042hLcrn 7V1'ltem' Sir1, . ... .h Sailed a xd MierrM in Pres.-net 4 ,.. >.......-= C�7.. J.O si 44:- . Rica - --.�--care�.-.-,>-- 2 STATE OF COLORADO. '/ .,v �J t' :i;(r �x and for. .. County or.g.aldlev f"• i,./.4'�i'.+•e#.27/.t. e rier.�.veet/ 4.N Publle hi wad far..;h62.. vb addn /p rt a2 • •r naoro..,ea t�. 1PMa d-LR/ ¢�(p%aunty, in the Late Jonwa,do hereby comity that.I/ 4/nte �nftewt:taast ;C led and.trd*.. .An oft. r d�"""� e4 ..,t ponooelly known to me_*_de.eI_ythe pens!' toe nauode.iit{:1} : do,ct forts. Mserited to thrannt4 2' t .104 enpeered Wore me this dday7 in•�fenon and atknotdedred that_.7iCtl......aignat4:alad apll the Iv 44 tins said Instrument 4 writing wee.. ow._fen and valuatary act for the wean end 11np a thefebi id fatdyR' !/Mme W.Pw'tLS.tf-- _Ana of At rd tlLtrial, • -,_.•.:e:r. d.. after.Weer sa}a Se eifore W for riyak cat Y ;G}sera ear/Nm4 meeae ....... .... . mar' . .. am a D'rwnv , • RECEIVED TIME JUL. ...., ae.rwer..oa.>.fwt.fear . reg:. ;s:. F :, • 28. 1 : 26 PM -i;`� .3 '4=h " Jul-21-2003 03:11pm .From-TIMBERROC CONST INC +3038280306 T-105 P:018/021 F-351 i a4, 2 60 — "-iv a ,-1;� A ,„,< o /'yt'��Q •`may `t/_'_nc w� l� ` f,, 1 •�•-,-:dr.- . .,,-` ..Y, • /(� fl 9 11P` ' r• .:'. qDrAr b RP.LPJISR D WD. • I r I S .O. *mitered w90. Centnot No. 297SN. UNION PACIFIC RAfROAD COMPANY. • I I . ,' ie I Deed No. 2009• >- KNOW ALL MPH BY TRPSR rummers, That Union Paeifie Rallro.d Company, • corporation existing • ,i -'11'..-::::.' s- under and by virtue of tho laws of the State of Utah, in consideration of the sus of eighteen buss— ' 1 :t. deed and,fifty and 11/100 (11t$0.11) dollars, to it paid, the receipt of which is hereby aelnuwledesd 1 i "' loth subject however to the exceptions, reservations and conditions hereinafter written, hereby I,•7 grant, bargain, Bell and convey unto William R. Aker, of the County of Boulder In the State of I '''',--....4---..:1:.:-..... i and bet in the County of Weld and Colorado the following described real saute, sl t4atE, lying being /- In the State of Colorado, to-wit:- All of section No. thirtesn (13) in township No- one (1) north of tangs No• sixty eight (6B) `Y west of the Sixth Principal leridian, containing, according to the ,Unsted States survey thereof Iix 1 la r -,1 ;.. �;. '2.,..:,',/..40:: hundred hundred and forty (640) acres more or less subject, however to a right of way of lawful width for any and all county roads her=etofore established over, upon, end across the premises har.ein deecrib . ,1)2/;-.:::::::i1.• ed. Exempting and excluding therefrom a strip, piece or parcel of lend :Unsaid in section Star i 4 , 'r1f If r 1- teen (13) township one (1) north range sixty sight (6e) went 6th P.M. and described as follow., ter i I wit: neinG s strip two hundred and fifty feet In width being One hundred and twenty five feet 1a �'•. Ir{..,_ width on each side of the center line or the Washington :line Spur P.xtenelon of Union Peelfie rail" I F....' . road, as surveyed, located and staked out through, over and across a part of said motion described • . 1t'I; as follows: Commencing on the south line of said section or at station 29w 13 of said railroad and : I I +Ir running north and slightly oast a distance of ono thousand feet. And also A Further strip one • hundred feet In width being a strip fifty feet in width on each side of center line of mid railroad I r,n. as the mine is surveyed located and staked out, through, over and mere=sa maid section described ,l- as follows: Commencing at last described point one thousand feet north of section line end rUnnirg C:P1412(.1,:.1711!;!!"...1 thenoe north end slightly east to the north line or said section or to station 92x70 of said roil- l'':' 1:I'4'4,' road containing in all sixteen and 14/100 sores more or less, and heretofore conveyed by William R. `-"C ;4• r • Ayers to Union Paolfio Railroad Company bY Quit Claim Deed, dated November/19th, A.D. 1906 and re C tr y! �a oorded November 27th, A.D. 190S 1n book 212, et page 279 of the Deed Resorde ulWeld Cottty, Celoredo. ii.;;7 l EXCP.PTINO AND BERM:VINO to amid Union Pacific Railroad Company. Its oueeese,re and eeelgne, I. )+ . °I t, FIRST : an ell, opal and other minerals within or underlying said lands• Si SRCOND: The exclusive right to prospect in and upon said land for oil, coal and otter minerals g1%.- .;:,y_, 4-I , therein, or which may be supposed to be thsrsln, end to Edna rot and remove, from said land, all e, I ell coal and other minerals which any be found tAcroon bY ant. ern. 1e�lr i! ;d THIRD: The right of i0gees, 'Urea* std rOgrooe upon said lend to prospect far, ram and re ' to use so emoh of said lend es 'r ••j M.rv.. in�i.ro..fj. move any and all ouch ell, coal or other ¢.ncrsld, vnA tho right v ?� may be convenient or noceon.u•y for the: right 9f ruy to and from such ,.roapeet places or einem, and• .,}�'�,,ik4Sr; Fir 1,44.1,,i RECEIVED TIMEtTJUL. 1 26PN """„ rT •Y y"MrX °"� ~..mwW.._ ..._. �L�.L�., '''T�"' ;u�:.t '5e1e iJdiC•J.,Yti"� �YaOie-41..4. d�: � f m��i ..__._._ __...�_.....___�..:• ...:nl..-.::a..i1 +L'QI7i ° r$5PJ'+n �� Mm rF 1 Jul-28-2003 03:12pm From-TIw$ERR0C CONST INC +3038280306 T-105 P.019/021 F-351 C �. for the convenient Chad proper operation of such prospect places, mines and for reeds and approaehee i thereto or for removal ant--sfrma of oil. Coal, mineral, machinery, or other material. FOURTH: The right to sold Union Moifio Railroad Company to maintain end operate its railroad nn in its present form of oonetruotion, and to make any change in the term of eonatruotien, or method of operation of said railroad. TO HAVE AND % VOLD, NhJeot to the meld exceptions, reeervatione and condition., the meld I, pry iiees with all the rights and eppurtehancee th,raeunto belonging unto the said William R. Akers grantee, his heirs end assigns foes ever, and the said Union Pacific Railroad Company Both hereby Covenant with the mid grantee that at the mehing of this instrument it is well seised of the Bald Ii.;,, I premises ae of s good and Indefeasible motets in fee, endheth good right to sell and convey the I seine, and that it will w.arcent end defend the title to said premises unto the said grantee. hie .iiiII I 1 heirs and assign.. for ever satinet. the lawful elaits of all person(' whomsoever. exempting as against all tease and aeneseaente levied upon mid premiere for or during the year 1905 and subsequent yeare and esoepting erainet any rignte, lien, or eneumbranoe■ er.seted or I permitted by arty 'then person than the said grantor, sines the fifth dny of JOnee 1905. I. AND 11RFMRA9e said Union Pacific Railroad Company, did on the let day of July, 1897 reroute Mad deliver to The Mercantile Trust CompsaV or New York a Certain mortgage deed wherein said Railroad Company conveyed to the maid The Mercantile Trust Company, as Trustee for the use. and purposes' i therein mentioned, amongst other things, the lands hereinbefore described; and, IMMVE S meld Union Paeifio Railroad Company, with the consent of thr said The aeroentile Trust 1 Coppery, Trustee under the mortgage aforesaid, has sold and conveyed, as above set forth,' the real UN mi 1p !: II . resets , hereinbefor-e'described, Unto the said grantee for and in co:.ridcrntlor, of the ono paid . • ae aforesaid to Union Pacific Railroad Company, by said grantee, w.hloh mu of monoy has been paid to said The Mercantile Tryst Compaq in its capacity as Truete., or has been otherwise properly paid or •ceouhted for under maid mortgage, for the Vase end purpose. mentioned in maid a,rtgige deed. 1 ' ;• I NO$ TRT38:POAF: , Cow all bun by these present., that said The Rereentile Trust Cd.mparbr, Trustee ,•', '; „ � of the afere.,aid mortgage deed, Sn consideration of the premises enA of the paymar.L ae aforesaid of ,,,, II maid sum so paid by Bald Rellroed Compary tc said fru of Coepvy, for LM user anA purposes dorseal d, doth hereby »miw, release end for aver quit dais, eubJect to the exception'', reservations and li ;: •,Mt , I coMSe1•one above written, unto the said William ea B. Akers the real estate deaeribed aforesaid, So M I • held by the said grantee free and exempt from all liene, uneunbrancee and charges of mid mortgage deed of the firer, day of July, 1897• I f �N • im wITRP•98 wRFRPAI , the Bald granter, Uni an Paoi fie Ralirosd Coapay, has eau sod LMsa peswnt. I / to b. sealed with it. corporate seal, end to be otcd by Sts Prenident, and attested by its Asst. Secretary and count.rsigned by its Land Conai('either end lie Auditor, and odd The Mercantile Trust '1JrAAA.1 t . Company of Slew York, under said hortgube deed, o= July lot, 1b97, has caused these prenente to be L seated with its eorporete real, and signed by itn Vico-Prceldont, ehu is thereunto duly authorized .*d'.'s:..:1L=... ::.a.« Clip;_ . . .. ^" „^ RECEIVED TIME . _. 28. at 1 : 26PNJ „ ., e" . - :,-- 1fi � "" P r ,. J .____nv:-. .._.J..... _e`. .... ..... ..., :. � .... .",P,. �'S '�i.�9�>n. 1rl.hi`7. ',.T.-�,,Y�LC�ti'Rh�p,1� 1 �174�,-c�'�- _'_---'-'_ 1F vc."11,:,khi .t:� ',:h5'3Vi?l>< ,. . ':a% , Jul-28-2003 03:12pm From-TII,BERROC CONST INC +3038280306 T-I05 P.020/021 ' F-351 ir.t•"es and empowered DY the by-iawe of the Company end by resolution of its Board of Dinners, this 8th :::�; day of August, A.D. 1907. i''.-. ,ad In presence of : n ��.;- UNION PACIFIC RAILROAD COMPANY, ,. I::rt1•: l:•' el L• Elwell I,' Ay E. R. Harriman, Pr ea ' i�: ? , W V. Rill. �, • J Attest: Jos. Hellen, Asia. Secretsry. - y ' • YjJ. VW. MERCANTILE TORTCOCPARY, Trustee, . a i.;`,� . 0y M. C• Poillon, Vice-Preeldewt. °•a In presence of • i '� C T. ifl f4mele. ) 1 C. H. Waldron. in Attest: Ow Richards. Secretary. l Wil Countersigned: B. A. NeAllaater, Land Commissioner, Appraisal No. 175. D W. � tt Checked by JAO. ti:,v H. J. Stirling, Auditor. SYS. RCo. Iq- r STATE OP NEW YORK, ) ) U. County of New York. ) . � od BF, IT RPSLF•®F.1O:D, that on this 0th day of August, A.D. 1907, before mo a Notary Public in and j I.-;;'� for acid County, appeared the Union Pacific Railroad Company, Dy E. H. Harriman, its President, who T is personally known to me to be Inc identical Ronson whose name le subscribed to the foregoing Sr atriament so maid President, and then and there acknowledged the eke•outton And sealing of maid Sir 1 at etrument to be his voluntary act and deed, end the voluntary set end deed of said Company- ., 1 SN 'alums WRnKOP, i have hereunto Bet my bond and official seal this 0th day tints • ` ` \ of August, A.D. 1907, et the City of New York, in sold County sad State. t�'� Id � •(� , ... 1t81 11 My eammieslon aspires March 30th, 1900• ) dd I Charism J. Bothnia, Rotary RADII''' . j 1 ,. Notary Public, Nina County, , r „t,s I Certificate filed in W. Y. Co. ..F of STAIR. OP RFf. YORK, ) )fa se. aid, County of New York. ) I BF, ST HFJP1®KRRD that on this 21th day of August, A.D. 1907 before me, a Notary Publle in and l ,i�:t:� be for said County, armored The Mercantile Toast Company, by , ip..!£ W. C. Po111on its Vies- Pic oidens who �, .0 , • la personally known to be to be the identical person whose name le subscribed to the fer.egoin in- strument as mild 'floe-President, end then and those aeknawa:edged the execution end sealing of mid t1 ;- ells I instrument to be his voluntary set and deed, and Tao voluntary aot end deed of esld Compaw. + "•� • ' LN wI nr s 1TTPAP.OP I have hereunto net ar hand and official meal thie ZOIII J�. et •.i \ day of August, A.D. 1907, at the City of new York In meld County and State. � I. ''i My oanuiseion oxpiree notch 30/ 190S. . :,...:,i^. 'A . , . r. :,...:,i^.,•'q.At: 4 i. 11 ' me. 1:73,44. I. Michaele, Ko:,try Pubitu. . NA., .(,,�" Piled for roeora at 9 o'clock A.N. Oat. 29. 1907. •fie' •.t�,ree�L Chas- Davie, Recorder. By Arm. Davie, Deputy. ,;ji, * mom,,,,P,,.,,,1 .e,RECEIVED TIM E___.JUL. 28 1 : 26P ,r w�=,�,;,.,; : . ^ -wirf . ':, r; x«,�w/' _ Y Jul-28-2063 03:12pm Fr0in-TIIBERROC CONST INC +3038280306 T-105 P.021/021 F-351 r3Q'-"^ ..-11ZJ,/ esu.Iun eue.rn.rr.,wan Ad 6.g rw.r.a.wvf•der Far nr�r.aWf�'�• '�o uQQ`�•'- 279 . . A'a.L.0(t ls.S.,..... - thls Deed, Afnde at. l I." . 71aua t.�ri In the //� --` i• i• QUIT-CLAIM UI?.Ell. ...-. d.ry/ c............. I }. . ..___ . ... . year of sae font one flan ornd MAI hrwdMrl and..1:61/4drC ... i t�:r. Wrenn 11.4161..A. alf.11in 31:i ti _....._.__.................. - i. I _ I;i} ......,n.._........... Y f `Iaeu-�d�L........ and Sims of CeLn,do,of the art It , r.. � ©ll);I L0P M4 le rho CM111f n w rl. ! .�. _ yt Loo, �-v-stem... and...... Y1..17,6*alter..�ga„��WS>..(�..I(Il�yy�,y ,e ea... P reef' ' .... CWin Peel�.fan !te rowan ..... II 1 ......1 �•„, ,_,,, ini' II! wtAT►0Y fro IIII flu Wn. I' yI .s1,,,4s i t •Ii to m -f.r� .... .....-,_.Lhrwrrrfryo/mwdn.�rf lhr rrmnr7 ptet. II. `.. -/ I I II/T.PA:.:si'rn.flat the raid part cf of W.lira pen.fro.rant it nm.i,rmltea of the IILI.e,' nano af r. V ,/�Aw.n LG{IYId ft leytra t ^��,��-pr� .fret r./ G • o,• Is th.odd/eel.At ..e.f rhr Iles ^'`'''`y ""//aa ..........l........ ._........ ... ...... • ...../hrlau. I4'., w.f ` A poet In ham,p d ley tai odd ferer ...nf the...nYt pat,lin rrrryd whore?le release,eel!.re and an ! '(Ir,. kn Mflnlent• ha/.......Mml.nh tanned, eold, nn ngeet awl tll'Ir/.'I i.II KM earl Ili Infra Invent,theefol-, Mali?.warren, *ell.marry rout F• CUC nil Ql'1Tt2d611 nnlxur...rid',wi wf lb.mrynd ,, a.rM Ill, oil ;d.frh IA./.rid r pr ' Y[lw.:Yn.rd nrl�xafMrvr.ill the dp/l,erne.iulerr./,errant nm/ 1nftead r: 4'. le /n,.M /pfd tar d....1.anal In rAe phoebe,AewMW w.Aa�d dfnn4,Ipinp alert ; I: bebop In Ile Carme l Weld.and.Slade of Waned.,leant: - I l'II ntrip piece or areal o[ Sand situated Sn Scotion Thirteen r p fit; Tamallp one (1) Worth it! Range A. y olp o) Mast 6th p,R., a)td described ea follow:, :;14,4l— h c Being o strip two hundred end fifty feat in width being one hundred and twenty five feet in ` III.,I width on each aide of the center line' of the Washington Rine Spar Extension of Union Pacific • ) /'Ill Railroad as surveyed,located and a�tpked out through,over and across a part of said section de— I;Ii' Lad scribed as follows:— Commencing .4 the south line at said section or at station 29.19 at said • II I 11 .. railroad a1,drunningrnirg north and O11ght ' east a distant,. of one thousand feet; And also a further I°/ a strip one hundred foot in width, being strip fifty feet in width on each Bide of center alas I-i III„Ile of said railroad as the Aare Ss surveyed located and ete.ked rut,through aye? and across sa14 see • tlan deeoflbed RS follower'. Commencing at last described point one thousand feet north of se0tiexl � , )tine and running thence north end elichtly east to the north line at Said section or to station 'IIn,: 82 ,70 of said railroad cattainvalin all Sixteen and 11/1" acres more or leas. it-I.I. The interest conveyed in said premises being such as I have acquired therein through,under I i` eg.l and by virtue of and unrecorded contract for the purchase thereof with said second party,. lILI It So (ltrther provided that in tre event the lard of which this is a part is brought underr iklr a state of irrigation no the grantor proposes to do that the eeoond party will turnirh necessary `f IIII:!I opening. or flume through or under said right of way for the free presage of the water —airy points, therefor. rat mace il '�17 • m PI The R SAT Ill 1/(1611 Tile;1LIIA.T erlhre mill all wad wnfnM,the apfnWrnaarn nod pHdbgn.th.m,Ne hetonplag a nay-is nn ' F1 E nib thenaldn npprnnlnlne.owl all the Mldtq elp.q ills Inferrer.end elate,rehnen en of Mr`nlf•l OAlaf.V...af Ili pre Len,dean I.P.n.. i.l Mnplily,le On only looter an.bragpl ant lehef/'the who p.ml _of the Mreed part,),:k... ,Aw...annd aMM i I IS Ir•ITAttl NWEltttl", The aril poll f M' 4 I nbnvndgrn. Yn ....�f1rIQMI IAN ra�....lmrraelu rf.. .......AnwJ,wn,a,d wnl--flea dal and parr ling I ,I ! III • _.... nm,aGu..r.xn.xx aaueancn l.r eaeexdn,e- ' ,µ.Mau r -. r aa.. �Q / .I nt nl lit aV.A.t... ...�d ... ....... ) •plate ... ........... .. .( ..A .... - ... .: _ I ih ;t I .6uu,H.G.t di l�,ose.P lit 1 M. 1. ..9A Qa[dJ t -�•�n t . 71 wiu8 act t-c. a and lr.,.w t I I r.i In I4 Seto n/ .n e.Ny n I 1 1 l�,l.W{c.t1,0- nr,, 1Mti0 Aa IeMrv.a1!.n m......4&ter,ne—e .An..nr .ca ��. '. 4 trIleet ..An d.(r,ip minim" im"neltr I f< r-I' ' bfee r GII ?:.IN Jim a./It?hank OM .IeNdr wW eel d.IIMwA 14 aid lYln„rNl N edl/N0 Y.11Jl...-BOO !/It ti MYha•✓M ors Me inn eM;wT+,WM,ne hnk ,n — • wet-M`.w1. �y-sil r•'y • . • r e \` r. y h JJ''/ . .d :.re+rre►lY+y•_-__f/•y, �__- f+.4Yi+.Me�• V 1-y •A1 ..• alt Siff le,AnM'Adtlrl4?/ weir . 12e_ •Ydupl+l{ovta e,t_ •• •_ ,per 4CCC' A.ALoS ._ AaM.nb.trn.ep J (� iiQ all. /qo� Sir.o�r.Rto4 tlKr 'RECEIVED TIME JUL. 28. 1 : 26PM ' Page 1of1 Subj: United Power Will Serve _..- ._—._. ___. _ ...._._..... Date: 10/21/03 6:01:38 PM Mountain Daylight Time From: mhansen@unitedpower.com To: builtwcare@aol.com Sent from the Internet(Details) Mr. Ronald Warner, United Power is ready,willing and able to provide electric service to your property located in Section 13, Ti N, R68W. We can extend service from our existing power lines along WCR 10 and WCR 8. If you have any questions, please contact me at 303-637-1336. Sincerely, Monica Hansen District Representative My s ,. it f' KS a_ AST. 'tSY Tuesday, October 21, 2003 America Online: Builtwcare WELD COUNTY ATTORNEY'S OFFICE fAs \/ 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 IWEBSITE:OPH0NE: (970) 336-7235 • FAX: (970) 352-0242 COLORADO October 24, 2003 Karen Cumbo Town Administrator City of Dacono 512 Cherry Street P.O. Box 186 Dacono, CO 80514 Re: Reconsideration of Cases RE-3648, SE- 1000, SE-1001, SE-1002, and SE-1003 Dear Karen: On Wednesday, October 22, 2003, Ronald Warner appeared before the Board of County Commissioners of Weld County to ask the Board if it would reconsider cases RE-3648, SE-1000, SE-1001, SE-1002, and SE-1003. The Board had denied all of these cases on Monday, October 20, 2003. Mr. Warner submitted various documents and pictures, copies of which are enclosed. After considering his request and the submitted information, the Board decided to reconsider the cases at hearings to be held at 9:00 a.m. on Wednesday, November 5, 2003. The hearings will take place in the Board's First Floor Hearing Room, Weld Centennial Center, 915 10`" Street, Greeley, Colorado. You may appear and present evidence at that time if you desire to do so. Please feel free to call me at (970) 356-4000, ext. 4390, if you have any questions regarding this letter. 'nee y, c . :ar. Weld County Attorney Enc. pc: Clerk to the Board � s� l A - GRIMSHAW aL HARRING A PROFESSIONAL CORPORATION ATTORNEYS AT LAW SUWELLS FARGO C380ENTER liT MERITAS R I TA S 1700 LINCOLN STREET LAW rmYs WORLDWIDE DENVER,COLORADO 80203-4538 TELEPHONE (303)839.3800 TELECOPIER (303)839-3838 W W W.ORIMSHAWHARRINO.COM Gilbert F. McNeish gmcneish@grimshawharring.com 303-839-3722 www.grimshawharring.com November 4, 2003 t )tvo- AILA Board of County Commissioners to �p1'p pA°N Weld County x 915 Tenth Street Greeley, CO 80632 via fax (970) 352-0242 Re: Hearings to Reconsider Cases RE-3648, SE-1000, SE-1001, SE-1002,and SE-1003 - Applicant: Ron Warner - Two Lot Recorded Exemption and Subdivision Exemption for Lot Line Adjustments - Objection Dear Members of the Board: I am writing to you on behalf of Dacono Estates, LLC, a Colorado limited liability corporation ("Dacono Estates"), the owner of approximately 226 acres which are bisected by the property (the former Union Pacific Railroad right-of-way) included in the above-referenced applications ("Railroad Property"). Dacono Estates has previously indicated its objection to the proposed Railroad Property applications at the first hearings on October 20,2003 during which these matters were considered. It is my understanding that even though the Board of County Commissioners denied the applications at the recent hearings, the matters will be reconsidered at hearings scheduled for tomorrow. I am specifically writing to you now to reconfirm the continuing objection by Dacono Estates to the applications as presented. The objections by Dacono Estates concerning this matter are as follows: 1. Adequate access for safe ingress and egress to the property as well as across the property is not provided. The application appears to propose a mile long cul-de-sac,with access off of WCR 8, which is unsafe by any standard. 2. Adequate consideration for master plans of affected municipalities has not been made by the applicant. This conclusion has been confirmed by near-by municipalities. g� lig ,, L# u - ' 00123 Board of County Commissioners November 4, 2003 Page 2 3. The property which is a linear configuration of a series of parcels along an abandoned railroad right-of-way ignores the planning context of its surroundings, and is not compatible with proposed adjacent land uses. 4. The proposal is not consistent with the letter or spirit of the relevant portions of the Weld County Code(Section 24-1-30 as referenced under Section 24-8-40) as follows: (a)Does not assist orderly and integrated development; (b) Does not ensure conformance of land subdivision plans with the public improvement plans of the County and its various municipalities; (c)Does not ensure coordination with public municipal improvement plans and programs;(d)Does not encourage well-planned subdivisions by establishing adequate standards for design and improvement; and (e) Does not safeguard the interests of the public, the homeowner, and the subdivider. In conclusion,while these proposals may technically meet some elements of the Weld County Code, they clearly continue to be in violation of several important requirements. Thus, when the proposals are evaluated in the context of all relevant requirements, the applications do not rise to a sufficient level to gain your approval. There are far too many unresolved issues and problematic elements concerning these proposals,and the applications should therefore be denied. The applicant should, in the alternative, be directed to work cooperatively with officials from the City of Dacono and all adjacent landowners to create a comprehensive development plan for this property together with other neighboring properties. By taking this approach in the alternative, all properties in the immediate vicinity of this area of Weld County will be assured proper access and other infrastructure features which will serve to address public health and safety concerns. Very truly yours, GRIMSHAW & BARRING, A Professional Corporation Gilbert F. McNeish 13819/1 cc: Steve Foley, Dacono Estates, LLC (via fax - (303) 689-0240) Bob Swenson, Dacono Estates, LLC (via fax - (303) 665-6787) Karen Cumbo, City of Dacono (via fax -(303) 833-5528) • Sherri Lockman, Weld County, Dept. of Planning Services (via fax (970) 304-6498) C:\I38I9\I\LCounty Commissioners wpd File contains oversized map Please see original file Hello