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P,i Nq a 4„Bb>^> >e Fe4 m Oil es C p % ° . 3 b a„p g n4� ib Gmz'm o: t z\ a '`�.%I ��i� F\p w a 'g^9 , Aq G" osi z < TV' S 5;�„g ¢_ om p t C v `�I - E^e° 55e:i=813'1 Q g 3 9 B 74 Pi zm•F �QOag. \V, g \-� a>.s_... eE ` a: ;� -4tee N as goae 4", m a e e R 2134: -\ fl g • 8: eg °<^"�" q 91 4-,047.. re:23* m y o� 8 for°p._,...'� �i„ 61 ^ ;ni 2 ^ezw_" " a : ka4� - to o sUg as;a • 9�"_ o mm ^C �g 134 "§ 5*" % %a"2 z s°`.p.^".eg ° a: iap o ° * yd� otl; os .�iSz�:w5 g °c . g..,,,- i n - Se2 2i8.42 N ' 3'fl a .1113 °i g`^ " 3:e a ^gg6 Y " 9 • R 2F^ .55 1.41, g ab ' 4 �� a Rmr S ! I MEMORANDUM c. TO: Kenneth Alles - Alles & Associates 1/17/02 COLORADO FROM: Chris Gathman - Planner C, SUBJECT: Revisions to RE-2950 plat (Howard Manufacturing) I have reviewed this plat and have 1 revision: 1) The Building Envelope shall be a minimum of 2.5 acres.? SERVICE,TEAMWORK,INTEGRITY,QUALITY • 428 North 2nd Street '�i► ®�° Telephone: 970-284-9562 Fax: 970-284-9564 ASSOCIATES, INC December 19, 2001 Chris Gathman Weld County Planning 1555 N 17 Ave Greeley,Colorado 80631 • Subject: Plat Enclosed is the plat for RE-2950. The Easement Certificate is located under the description for Lot B. Please review this map and contact us with your changes or approval. Thani you. Sincerely, a e Kenneth R. Alles,PLS Principal KRA/js Enclosures c7-)eattca��ea� Schools WELD COUNTY DISTRICT RE-7 P.O. BOX 485 - KERSEY, COLORADO 80644 -970/336-8500- FAX 970/336-85 I I E.GLENN McCLAIN,SUPERINTENDENT December 19, 2001 Howard Manufacturing Company RE: 2950- Dear Mr. Howard: After speaking with you about this property it seems that there is no proposed construction of residences and therefore our district resolution does not apply. It is our understanding that this property is under the FAA VORTAC and no residence will be built. If you have any other questions please call the Administration Office at 336-8500. Sincerely, Virginia Bailey Administrative Secretary (� LCLCtGOfU . . ✓J c46L414-4 T 4641:ring MEMORANDUM TO: Alles and Associates, Inc. pZ/I i M COLORADO FROM: Chris Gathman, Planner SUBJECT: Revisions to RE-2950, 2951 and 2952 plats RE-2950 J* Remove Department of Planning Services certificate and replace with Board of County Commissioners certificate. - ' Need to include easement certificate. A joint access easement extending across Lot B of AMRE-790 and Lot A of RE-2950 shall be delineated on the plat (per condition of approval 4B). *//Change "Agricultural" to "(A) Agricultural" on the owners certificate. /Total acreage for the building envelope for Lot B shall be designated on the plat (the building envelope shall be a minimum of 2.5 acres). LNa-& kO' ), RE-2951 /* No Lot accesses (agricultural or otherwise) are indicated for Lot B. Indicate any existing accesses for Lot B. l* An agricultural access is indicated for Lot A. This access shall be designated as a residential access or a separate residential access shall be designate and this agricultural access will be /designated as "closed". /*A residential access shall be designated for both Lot A and Lot B. Replace "Agricultural" with "A (Agricultural)" on owners certificate. RE-2952 ✓* Remove Department of Planning Services certificate and replace with Board of County Commissioners certificate. j/Note #3: Add "and C" after"Lots A, B" in this sentence. 3/* Change title to "0801-09-1-RE-2952" to "0801-09-4-2952" I* Replace "Agricultural" with "A (Agricultural)" on owners certificate. SERVICE,TEAMWORK,INTEGRITY,QUALITY DEPARTMENT OF PLANNING SERVICES 1555 N. 17' AVENUE GREELEY, COLORADO 80631 WEBSITE: www.co.weld.co.us E-MAIL: kogle@co.weld.co.us O - PHONE (970) 353-6100, EXT. 3540 FAX (970) 304-6498 C. COLORADO December 2, 2001 Howard Manufacturing Company C/O Wayne Howard 800 8'Avenue, Suite 323 Greeley, CO 80631 Re: Conditions of Approval: RE-2950, RE-2951, RE-2952 Dear Mr. Howard, • On May 21, 2001 Recorded Exemptions 2950 and 2952 were approved with specific conditions of approval by the Weld County Board of Commissioners. Recorded Exemption 2951 was approved by staff in May of 2000. One of the required Conditions of Approval granted you 60 days to submit a mylar plat. Should you wish not to proceed with the Recorded Exemption, then the Department of Planning Services will need to be notified in writing of your decision. If you do not wish to withdraw the application and are unable to meet the conditions of approval, you will be scheduled for a Board of County Commissioners hearing. Planning Staff will be recommending denial of your request at the hearing. If your application is denied by the Board of County Commissioners, the decision could effect future land development applications located on the parcel.Withdrawing the applications will not effect future applications. We are well aware of the difficulty in meeting conditions associated with land use cases, and are willing to work with all of our clients. I will be available to answer any questions and concerns you have. Please notify me within 10 working days as to which way you wish to proceed. I can be contacted at the above address, phone number or e-mail address. Sincerely, Chris Gathman Planner-AICP At(et MEMORANDUM C. TO: Wayne Howard May 17, 2001 COLORADO From: Chris Gathman, Current Planner Cs SUBJECT: RE-2950/RE-2952 conditions and copy of Weld County RE-7 referral * Attached is a copy of the referral for the Weld County RE-7 School District (for conditions of approval 4E - RE-2950 & 4G - RE-2952). Additional Condition of Approval: There was not a copy of a current deed describing the 80 acre parcel for RE-2950 and the 160 acre parcel for RE-2952. Therefore I will add the following as a condition of approval prior to recording the plat: * The applicant shall submit a copy of a recorded deed of the parcel on which RE- 2950/2952 is proposed." Water Rights: I have a question regarding water rights that should be addressed prior to the hearing. (This question will likely be brought up at the meeting.) What water rights are to remain with the proposed RE properties? * The latest deed in the certificate of conveyances (1976) lists "100-acre feet of Colorado Water Conservancy District" water with Section 9. * Has any of this water been sold off? * Does the applicant have evidence of remaining water rights that he owns? RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION #2950 - HOWARD MANUFACTURING COMPANY, CIO WAYNE HOWARD WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, pursuant to its authority under Section 30-28-101(10)(d), C.R.S., did determine at a public meeting held in the Chambers of the Board, that a certain parcel of land, to be divided into two parcels, as shown on the plat known as Recorded Exemption #2950, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land," and WHEREAS, the request for Recorded Exemption #2950 was submitted by Howard Manufacturing Company, c/o Wayne Howard, 800 8th Avenue, Suite 323, Greeley, Colorado 80631, for property which is located in part on the following described real estate, to-wit: SE1/4NW1/4 and SW1/4NE1/4 of Section 9, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado being more particularly described in the plat which shall be provided by the applicant and known as Exhibit"A," said plat to be recorded, and WHEREAS, this request is to divide the property into parcels estimated to be approximately 73 acres and 7 acres. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove described parcel of land be, and hereby is, exempt from the definition of the terms, "subdivision" and "subdivided land." BE IT FURTHER RESOLVED by the Board that Recorded Exemption #2950 by Howard Manufacturing Company, c/o Wayne Howard is, approved conditional upon the following: 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) Regulations. 2. The source of water for the lots is proposed to be a well. The applicant should be aware that the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Because each situation is unique, the applicant is encouraged to contact the Office of the State Engineer, Division of Water Resources, 1313 Sherman Street, Room 818, Denver, Colorado 80203, or call the office at (303)-866-3581. /e '% 40). 1 20RE2950 1 RE #2950 - HOWARD MANUFACTURING COMPANY, CIO WAYNE HOWARD PAGE 2 3. The Plat shall be titled Recorded Exemption No. 0801-09-1 RE-2950 4. Prior to recording the plat: A. The applicant shall submit a proposed building envelope for Lot B to the Department of Planning Services for review. Upon approval by the Department of Planning Services, the building envelope shall be delineated on the plat. All building envelopes shall take into consideration setbacks from oil/gas structures as required by Section 23- 3-50 of the Weld County Code. B. A 30-foot wide joint access easement extending across Lot B of Amended Recorded Exemption #790 and proposed Lots A and B from Weld County Road 72, for the benefit of both Lots A and B of Recorded Exemption #2950, shall be clearly shown 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. 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 access point. If a drainage culvert is required, a 15-inch CMP is the County minimum size. If the applicant chooses to place a larger culvert, contact the Department of Public Works to adequately size the culvert. D. Weld County Road 72 is designated on the Weld County Transportation Plan Map as a local gravel road, which requires sixty (60) feet of right-of- way at full build out. There is presently sixty (60) feet of right-of-way. A total of thirty (30) feet from the centerline of Weld County Road 72 shall be delineated on the plat. This road is maintained by Weld County. E. The applicant shall address the requirements of the Weld County School District RE-7 as stated in a referral response received October 11, 2000. Evidence of such shall be submitted in writing to the Department of Planning Services. F. The applicant shall provide the Department of Planning Services with a certificate from the County Treasurer showing no delinquent taxes for the original parcel (mother parcel) area. 2001-1346 RE2950 RE #2950 - HOWARD MANUFACTURING COMPANY, C/O WAYNE HOWARD PAGE 3 G. The following notes shall be placed on the plat: 1) All proposed or existing structures will meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as groups A, B, E, H, I, M, and R in Table 3-A of the 1997 Uniform Building Code, shall be constructed within a 200-foot radius of any tank battery, or 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 for Lots A and B, the applicant for the building permit shall be required to submit to the Department of Planning Services, evidence of adequate water supply of sufficient quality, quantity and dependability. 4) Prior to the release of building permits, the applicant will be required to submit a recorded deed describing the lot upon which the building permit is requested with the building permit application. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 5) 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 of the Weld County Code. 6) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically thereafter. 7) Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of the Recorded Exemption process. Approval of this Recorded Exemption does not guarantee approval of future applications on adjacent properties. 2001-1346 RE2950 RE #2950 - HOWARD MANUFACTURING COMPANY, C/O WAYNE HOWARD PAGE 4 8) Weld County's Right To Farm statement, as it appears in the Weld County Code, Appendix 22-E, shall be placed on the Plat. H. The applicant shall submit a copy of a recorded deed for the 80-acre parcel on which Recorded Exemption #2950 is proposed. 5. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 24-8-70 of the Weld County Code. The plat shall be submitted within sixty (60) days from the date of approval by the Weld County Board of Commissioners. The applicant shall be responsible for paying the recording fees. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of May, A.D., 2001. BOARD OF COUNTY COMMISSIONERS '�`` WECO TY, COLORADO ATTEST: `,�wti }� � ,� � / � �A ��% ; �� 2iSr ni �1 W eld County Clerk tilt ��:_��;�, li '1�' Pip EXCUSED c�7i7 -tr $ ,l Glenn Vaad, Pro-Tern BY: c��7ffi ) - 'vs - Deputy Clerk to the t4' jr L i I Willi H. Jerke APRON A ¢ FQ�M: J eta-c o.\L / 1 l vi . Long WA O ty AttorneyRobert D. Masden 2001-1346 RE2950 C DEPARTMENTSERVICES RECORDED EXEMPTION COLORADO ADMINISTRATIVE REVIEW PLANNER: Chris Gathman HEARING DATE: May 21, 2001 CASE NUMBER: RE-2950 APPLICANT: Howard Manufacturing Company CIO Wayne Howard ADDRESS: 800 8th Avenue, Suite 323, Greeley, CO 80631 REQUEST: 2-Lot Recorded Exemption LEGAL DESCRIPTION: SE4 NW4 and SW4 NE4 Section 9, Township 6 North, Range 64 West, Weld County, Colorado PARCEL NUMBER: 0801 09 000042 PARCEL SIZE: 80 Acres ZONE DISTRICT:Agricultural WATER SOURCE: Lot A: North Weld County Water District SEWER SOURCE: Septic systems Lot B: North Weld County Water District or Private Well The Department of Planning Services' staff has reviewed this request and is recommending denial for the following reasons: 1. The Department of Planning Services'staff has concerns that the applicant has not shown compliance with Section 24-8-40.B of the Weld County Code, as follows: A. Section 24-8-8.3 Consistency with the intent of the zone district the recorded exemption is located within as expressed in Chapter 23 of the Weld County Code. Section 23-3-10 of the Weld County Code states"Agriculture in the county is a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected business, industrial and residential land uses. The A (Agricultural)District is established to maintain and promote agriculture as an essential feature of the county. The A(Agricultural)District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production without the interference of other, incompatible land uses." This recorded exemption along with the other recorded exemption application (RE-2952)would create a total of five(5)lots. The Recorded Exemption process does not require the applicant to provide the same services that a subdivision process would require. The applicant is not required to provide an internal road system or any other requirements of a subdivision. There is also no public process involved in which neighboring properties can comment on the proposed land division. This recorded exemption is proposed on"prime"agricultural land as delineated on the 1979 USDA Soil Conservation Service Map. The majority of the parcel is located within an existing irrigation circle . The applicant also owns lands to the south that are within the irrigation circle. Approval of this recorded exemption would separate this 80 acre parcel from the remainder of the land within the existing irrigation circle and would allow the parcels to be sold off separately from the adjacent irrigated lands. This would reduce the viability of these parcels for agricultural production. B. Section 24-8-408.4-Consistency with the purpose of efficient and orderly development as expressed in Section 24-1-30 of this Ordinance. 1)Section 24-1-30.A-Assisting Orderly and Integrated Development. Section 24-2-60(A.Goal 3) of the Weld County Code states: "Discourage urban-scale residential, commercial, and industrial development which is not located adjacent to existing incorporated municipalities."The proposed recorded exemptions in addition to existing adjacent recorded exemptions would create a total of eleven lots within this section. This section is not located within an existing intergovernmental agreement area or urban growth boundary and is located approximately seven (7) miles east of Eaton. 2)Section 24-1-30.8. - Promoting the health, safety and general welfare of the residents of the County. The scale of development proposed is greater than a standard Recorded Exemption. Recorded Exemption requirements are not equipped to address the potential impacts of urban scale development created by multiple recorded exemptions. 3) Section 24-1-30.E. - Encouraging well-planned subdivisions by establishing adequate standards for design and improvement. The Recorded Exemption process is not intended to be used in place of the subdivision process when the approval of the recorded exemptions will create several lots in the same area. 4) Section 24-1-30.G. - Safeguarding the interests of the public, the homeowner, and the subdivider. (See above Sections) 5)Section 24-1-30.1-1.-Securing equitable handling of all subdivision plans by providing uniform procedures and standards. (See above sections) 6) Section 24-1-30.J. -Preserving agricultural land and promoting its most productive agrarian use.The proposed recorded exemption will split off 80 acres from an existing irrigated crop circle which would allow it to be sold off separately without irrigation water for agriculture. C. Section 24-8-80 C.-An adequate legal access exists for all proposed lots to a public road. All accesses shall be in accordance with Section 3 of the "Weld County Public Works Policies", Ordinance 180, as amended. The proposed recorded exemption configuration of RE-2950 would create an additional island lot (Lot A) out of an 80 acre parcel that does not border any public road right-of-way. Lot A would use an existing road for access. Legal access to the existing site is provided through a lease with the United States government to access the existing Vortac facility on this property. This access crosses an 80 acre parcel to the north. The parcel to the north is currently owned by the applicant. Planning staff has concerns that these access arrangements may cause future problems when these lots are sold outside of the family. Section 10.5.10 of Weld County Subdivision Ordinance states: "A flag lot configuration shall be avoided when possible." The minimum width of a flag lot appendage shall be thirty (30)feet."These lots do not meet the minimum standards of a flag lot because they do not border the public right-of-way(Weld County Road 72). D. Section 24-8-80.J-The proposed recorded exemption does not evade the statement of purpose as set forth in Section 24-1-30 of this Chapter. It is the opinion of the Department of Planning Services'staff that the proposed recorded exemptions do in fact evade the statement of purpose as set forth in Section 24-1-30 of the Weld County Code for all of the reasons stated previously. 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. Howard Manufacturing RE-2950 recommendations 2 2. The source of water for your lots is proposed to be a well.You should be aware that the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Because each situation is unique, we encourage you to contact the Office of the State Engineer, Division of Water Resources,to discuss your individual situation.They are located at 1313 Sherman Street, Room 818, Denver, Colorado 80203.Their phone number is 303-866-3581. 3. The Plat shall be titled Recorded Exemption no. 0801-09-1 RE-2950 4. Prior to recording the plat: A. The applicant shall submit a proposed building envelope for Lot B to the Department of Planning Services for review. Upon approval by the Department of Planning Services, the building envelope shall be delineated on the plat. All building envelopes shall take into consideration setbacks from oil/gas structures as required by Section 31.5.5 of the Weld County Zoning Ordinance. B. A 30-foot wide joint access easement extending across Lot AMRE-790 and proposed Lot B or Lot A from Weld County Road 72,for the benefit of both Lots A and B of RE-2950, shall be clearly shown 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. 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 access point. If a drainage culvert is required,a 15-inch CMP is the County minimum size. If the applicant chooses to place a larger culvert, please contact the Department of Public Works to adequately size the culvert. D. Weld County Road 72 is designated on the Weld County Transportation Plan Map as a local gravel road, which requires sixty(60)feet of right-of-way at full build out. There is presently sixty(60)feet of right-of- way. A total of thirty(30)feet from the centerline of Weld County Road 90 shall be delineated on the plat. This road is maintained by Weld County. E. The applicant shall address the requirements of the.Weld County RE-7 School District as stated in a referral response received October 11, 2000. Evidence of such shall be submitted in writing to the Department of Planning Services. F. The applicant shall provide the Department of Planning Services with a certificate from the County Treasurer showing no delinquent taxes for the original parcel (mother parcel) area. G. 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 Zoning Ordinance, 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 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. Howard Manufacturing RE-2950 recommendations 3 o2G00-.4 Y6, 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Prior to the release of building permits for Lots A and B, the applicant for the building permit shall be required to submit to the Department of Planning Services, evidence of adequate water supply of sufficient quality, quantity and dependability. 4) Prior to the release of building permits,the applicant will be required to submit a recorded deed describing the lot upon which the building permit is requested with the building permit application.The legal description on such deed shall include the Lot designation and recorded exemption number. 5) 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 Ordinance 169A. 6) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically there after. 7) Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of the Recorded Exemption process. Approval of this Recorded Exemption does not guarantee approval of future applications on adjacent properties. 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. Howard Manufacturing RE-2950 recommendations 4 66 r/ 9.6 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 that urban dwellers. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines,territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. 5. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 11.7 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty (60) days from the date of approval by the Department of Planning Services. The applicant shall be responsible for paying the recording fees. 6. Planning Staff's approval of this recorded exemption is based upon satisfying the above conditions. Should the applicant be unwilling or unable to meet any one of these conditions, within 60 days of approval, this case will be forwarded to the Board of County Commissioners with a recommendation for denial. By: O1,urs G Date: 5/9/01_ Chris Gathman - Planner,AICP • Howard Manufacturing RE-2950 recommendations 5 c7DCD/-/311 - 29 5 OO Good Morning, Chris Guthman, Department of Planning Services: This is Case /4 RE-2950, a 2-lot recorded exemption. The property is located in the part of the NW4 and NE4 of 9-6-64. It is located 1/4 mile south of Weld County Road 72 and 1/4 mile east of Weld County Road 55. Weld County Planning Staff has reviewed this application and is recommending denial for the following reasons: The Department of Planning Services' staff has concerns that the applicant has not shown compliance with Section 24-8-40.6 of the Weld County Code, as follows: A. Section 24-8-6.3 The applicant has not demonstrated Consistency with the intent of the zone district the recorded exemption is located within as expressed in Chapter 23 of the Weld County Code. Section 23-3-10 of the Weld County Code states "Agriculture in the county is a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected business, industrial and residential land uses. The A (Agricultural) District is established to maintain and promote agriculture as an essential feature of the county. The A (Agricultural) District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production without the interference of other, incompatible land uses." This recorded exemption along with the other recorded exemption application (RE-2952) would create a total of five (5) lots. The Recorded Exemption process does not require the applicant to provide the same services that a subdivision process would require. The applicant is not required to provide an internal road system or any other requirements of a subdivision. There is also no public process involved in which neighboring properties can comment on the proposed land division. (No public process to ensure that applicants are promoting the health safety and welfare of the neighboring property owners.) This recorded exemption is proposed on "prime" agricultural land as delineated on the 1979 USDA Soil Conservation Service Map. The majority of the parcel is located within an existing irrigation circle . The applicant also owns lands to the south that are within the irrigation circle. Approval of this recorded exemption would separate this 80 acre parcel from the remainder of the land within the existing irrigation circle and would allow the parcels to be sold off separately from the adjacent irrigated lands. This would reduce the viability of these parcels for agricultural production. 6) Section 24-1-30.J. - The applicant has not demonstrated that they are Preserving agricultural land and promoting its most productive agrarian use. The proposed recorded exemption will split off 80 acres from an existing irrigated crop circle which would allow it to be sold off separately without irrigation water for agriculture. C. Section 24-8-80 C.-An adequate legal access exists for all proposed lots to a public road. All accesses shall be in accordance with Section 3 of the "Weld County Public Works Policies"; Ordinance 180, as amended. The proposed recorded exemption configuration of RE-2950 would create an additional island lot (Lot A) out of an 80 acre parcel that does not border any public road right-of-way. Lot A would use an existing road for access. Legal access to the existing site is provided through a lease with the United States government to access the existing Vortac facility on this property. This access crosses an 80 acre parcel to the north. The parcel to the north is currently owned by the applicant. Planning staff has concerns that these access arrangements may cause future problems when these lots are sold outside of the family. Section 10.5.10 of Weld County Subdivision Ordinance states: "A flag lot configuration shall be avoided when possible." The minimum width of a flag lot appendage shall be thirty (30) feet." These lots do not meet the minimum standards of a flag lot because they do not border the public right-of-way (Weld County Road 72). D. Section 24-8-80.J- The proposed recorded exemption does not evade the statement of purpose as set forth in Section 24-1-30 of this Chapter. It is the opinion of the Department of Planning Services' staff that the proposed recorded exemptions do in fact evade the statement of purpose as set forth in Section 24-1-30 of the Weld County Code for all of the reasons stated previously. If approved, Planning Staff recommends the following revisions to the conditions of approval: A. (Add as condition 4G and renumber.) -"The applicant shall submit a copy of a recorded deed of the parcel on which RE-2950 is proposed." 4,6') REL j•RDED EXEMPTION CRITERIA 'ECKLIST (STAFF USE) . Ain* ..-.. ink . • _ _ . COLORADO r PLICANT: f )oJ itiLu. CM ietpe t. CASE#: "Z,q5.p EQUEST: Recorded Exemption ( 2- Lot) ,f E.GAL: 55 LIAA 5011114ectionq , T Co N, R lo-1 oaf the 6th P.M., Weld County DCATION: i.h S of WCR 7t- & %Lm'6:✓of TOOMEILEr WCR 55 �.go`_ 59- 0030 4 _ACRES: C' +/- acres ARCELID #: VOC) • ATE RECEIVED: Ce//' • . SCS f B Ic%ma- i = ' �( a Zoning and USDA SCS Soii Classification Zoned ,'t Yes No N/A Lot a Will the proposal make future farming practices less efficient? (11.3) 2. A Lot ❑ a ,. Will either lots) be used for agricultural purposes? (11.3) 3. Lot A % ❑ a Ltx p, A Gcc.m Kg bL 1 Lot S liC a ❑ 1_©'1' SPc;NsT i cri 5GA- X core t.GAS Lot . . Conservation Easement or open space proposed or required ? (11.3) 4. A a Lot d a i. Does the application meet Public Works requirements Ordinance f 180? • 5. Lot A a a . 'is lou�� 10 S Lot B a a (11.3.113.4) — 'Pc�^y�+''-�\'�S lc��`�v gip`[c N .c_ [y�� lI� 6. Lot A a A ° i. W11 the application/site use existing housing? (11.3.6) Lot 8 a A ❑ • 7. Lot A pt a 7 Building Envelope proposed or required? (11.3.3) Lot A `a ❑ a '� (11.3.4) 8. • - 3Lot�A ❑ � ❑ _ 3. In-house Water- quantity, qualit� and dependability? ��P Lot S � a ❑ Letter in File? N ESL e3.r1 Laces cc. / I Water availability: crops, lawns, gardens and maximum animal units 9. Lot A ❑ Lot B ❑ a as allowed by right or Special Review Permit? (11.3.4) U-3/ `B\ � 10. Lot:j �� '� ❑ Has irrigation been removed from ih application.site. (11.3.4)( j If so -when? _.f00—Pius Co\occ9. !� o* Lot B a n is the application consistent with current and/or future land use patterns? 11. Lot A a a {11.3.9, 10, 11) .a ?,dpo�� °a`�"\ S Lot 3 a . ya�. to� Lu^' a Does this application create parcels which would limit future land division? 12. Lot A (11.3.9, 16, 11) Lot o ' ❑ application been part of a previous Recorded 13. Lot A a ° Have either parcels or the Lot B a � ❑ Exemption? (11.8.3) '4.. Number of Recorded Exemptions adjacent to Fppllicat©i Parcel n? (11.3.9, 10, 11). . j - i S KQ-ccc- p 4 tns Yes No N/A 15. Lot A o ❑ 5. Are surrounding parcels larger than minimum lot size? (1 1.3.10) Lot B ❑ \ . s4- ® toy- B e 6. Are there any unique characteristics of this application/site? (11.3. 8) 16. Lot A ❑ ❑ e. .5j.-1 ;s focc� e& Lot B a Ix ❑ .Co 7. Does application meet He It Department requir ments? • 17. Referral Conditions? (11.3.6) Lot 8 X ❑ ❑ Lot A ❑ . '�' ❑ Engineered Sewage System(s) ? Lot B O t * 1 S. Lot A V. ❑ ❑ 18. Comprehensive F an and applicable lGA Compliance? e. Lot B O o O 19. Proposed use of site? Lot A o os .3t SSi°°�-S w �ocAC T Lot B S;c °a .t . I v c.�1�Ciac ) '-'16\-7> (V C‘00A 5C. ra ZQ. Referral Agency(ies Approval? / D nial?� d��°��S Cotes � o~\ / c-000 U-'( Cot ' C_?ob\,c_ osYN)— otos e9u:,1,ti4 L aca►5 21. Lot o fiK ❑ 21. Impact on Adjacent Properties Lot B o - O L....° no p0. ' • 2 • 22. Lot A o a a ?. Slit/Psrmits+ Lot B ❑ ❑ a 23. GDeed/Certificate of Conveyances, Property Research? . - 24. Lot A A a a 24. Road Access Information ` �� Lot B a o (940s-ea. gCC ‘ Q,S$ Vow Xx' 25. Sketch/Plot plan Staff Approved: Board of County Commissioners (if applicable) • . re d DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1555 N. 17th Avenue, Greeley, CO 80631 WEBSITE: www.co.weld.co.us Phone(970) 353-6100, Ext. 3540 1 Fax (970)304-6498 • COLORADO May 9, 2001 Howard Manufacturing Company C/O Wayne Howard 800 8th Avenue, Suite 323 Greeley, CO 80631 Subject: Recorded Exemptions 2950 and 2952 Legal Description: SE4 NW4/SW4 NE4 and SE4 of Section 9, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado Dear Mr. Howard: This letter is to inforuu you that the above referenced Recorded Exemption has been reviewed by the Department of Planning Services and it has been determined that the application does not meet the standards of Section 24-8-40 of the Weld County Code. This application is scheduled before the Board of County Commissioners on Monday, May 21, 2001 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 will be available twenty-four hours prior to the public hearing. If you need any further information, please feel free to contact me at the above address, telephone number or e- mail address. Sincerely,A Chris Gathman, Planner DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1555 N. 17th Avenue, Greeley, CO 80631 WEBSITE:www.co.weld.co.us Phone (970) 353-6100, Ext. 3540 Fax(970) 304-6498 May 9, 2001 Board of County Commissioners Weld County Centennial Center 915 10th Street Greeley, CO 80631 Subject: Recorded Exemptions 2950 and 2952 Dear Commissioners: Howard Manufacturing has two Recorded Exemptions to occur on the SE4 NW4 SW4 NE4 and the SE4 of Section 9, Township 6, Range 64. Recorded Exemption 2950 is located 1/4 south of Weld County Road 72 and 1/4 west of Weld County Road 55. Recorded Exemption 2952 is located north of and adjacent to Weld County Road 70 and west of and adjacent to Weld County Road 55. The total acreage involved in these recorded exemptions and subdivision exemptions is 240 acres. There is a Federal Aviation Administration radar facility currently located on the recorded exemption 2950 site. There are no residences located on the recorded exemption 2952 site. The proposed recorded exemptions, if approved, would create a total of 11 lots located outside of an urban growth boundary. The proposed recorded exemptions are located 7 miles outside of the Town of Eaton. Section 24-2-60 A.Goal 3 of the Weld County Code states: "Discourage urban-scale residential, commercial, and industrial development which is not located adjacent to existing incorporated municipalities." Section 23-3-10 of the Weld County Code states "Agriculture in the county is a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected business, industrial and residential land uses. The proposal does not appear to be consistent with the intent of the Agricultural Zone District. Lot B of RE-2950 and Lot C of RE-2952 contain portions of an existing irrigation circle. The proposed recorded exemptions would allow these lots to be sold separately to another party without irrigation water. The Department of Planning Services offered an alternative layout for the recorded exemptions in which the majority of the irrigation circle would be located on Lot C of a three-lot recorded exemption. The applicants have decided not to pursue this alternative. 2001-1346 it- Additionally, the recorded exemption process does not require the applicant to provide the same services that subdivisions require. As an example, applicants are not required an internal access that meets county standards and a drainage report is not required to address impacts created by water runoff from multiple residential lots. There is also no public process involved in the recorded exemption process to allow neighboring land owners to comment on the potential impacts of these proposed uses. The applicants have not demonstrated that an adequate legal access exists for all proposed lots to a public road. The proposed configuration of Recorded Exemption 2950 would create two parcels without direct access to public right-of-way. The FAA uses an existing lease to the parcel to the north to access their existing facility. Section 24-8-80.C of the Weld County Code states: "A flag lot configuration shall be avoided when possible." There are no provisions in the Weld County Subdivision Ordinance for the allowance of island lots. For these reasons Planning staff believes that the proposed recorded exemptions evade the statement of purpose as set forth in Section 24-1-30 of the Weld County Code. Planning staff believes that the applications are not in compliance with Section 24-8-40.6 of the Weld County Code. For this reason we are requesting the case be reviewed by the Board of County Commissioners. The Department of Planning Services' staff requests that the Board of County Commissioners consider the application and determine if the standards of Sections 11.2 through 11.8 of the Weld County Subdivision Ordinance have been met and adhere to the goals and policies of the Weld County Comprehensive Plan. Sincerely, Q� ajo Chris Gathman Planner .RDOI-/.3 r'6 DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue • Greeley, CO 80631 .; , Phone (970) 353-6100, Ext. 3540 Fax (970) 304-6498 II COLORADO September 29, 2000 Wayne Howard 907 30'"Ave Ste 105 Greeley, CO 80631 Subject: RE-2950 A Recorded Exemption located on a parcel of land described as SE4 NW4 and SW4 NE4 of Section 9, Township 6 North,Range 64 West of the 6th P.M., Weld County, Colorado. Dear Mr. Howard: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of the Weld County Subdivision Ordinance, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria,you will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. If you have any questions concerning this matter, please call me. Sincerely, J/�1 ( �f l�� 1�`'(3 > l x\ y .� Chris Gathman, A.I.C.P. ) U t� Planner (.fir FIELD CHECK inspection date: 5/23/00 CASE NUMBER: - 2..950 APPLICANT: 6�• `� (-100-)ark LEGAL DESCRIPTION: LOCATION: of_ and adjacent to Weld County Road :. arid Use N A(Agricultural) N ` E A (Agricultural) E a`4. cvA (cre)0 a'"' S A (Agricultural) S 6..rop4o4 c ( 571)6_ Vf2 S�L{C& W A (Agricultural) W c Q5i 'C f he/sc-vu-b COMMENTS: o 5sL.C h otA • FAO c o o �; jVS O�, ^0 7a ice. s i cu.` dC, E solo (IL* Chris Gathman, Current Planner ‘ , (---) 44_ivolo,_ _y . wine PPLICATION FLOW SHEET COLORADO APPLICANT: Howard Manufacturing /Wayne Howard CASE#:RE-2950 REQUEST: Two Lot Recorded Exemption LEGAL: SE4 NW4 and SW4 NE4 of Section 9, T6N, R64W LOCATION: Approximately 1/2 mile south of WCR 72; and approximately% mile west of WCR PARCEL ID#: 0801 09 000042 ACRES:80 Date By Application Received 9/11/00 sl Application Completed 9/11/00 sl Referrals listed 9/27/00 wi for cg Design Review Meeting (PUD) File assembled 701/12/00 2/ (J I Letter to applicant mailed /WOO/OO I Referrals mailed 10/2/M ll NVChaindexed /D/3/ -66 Vicinity map prepared Field check by DPS staff /Z/2000 eag Administrative Review decision: Date By County Commisioners Hearing Date (if applicable) 5/2 I/v9 Surrounding property owners notified Air photo and maps prepared /e,-y-}A CC action: /-1ppC®O -A 5/2.1/®1 CC resolution received Recorded on maps and filed 12700 / � Overlay Districts Road Impact Fee t Area,: Zoning Yes No X Airport Yeses No SW Weld #1 #2 #3_ Geologic Yes No Windsor Flood Hazard Yes No Panel #(}t _p_ • 'DEPARTMENT OF PLANNING SERVICES ^.N. 17th Avenue, Greeley, Colorado 80E. Phone' ,D) 353-6100, Ext. 3540 -Fax#(970) 304\___38 APPLICATION FOR RECORDED EXEMPTION 'A e{... �i. `I `--/7 Case Number Application Fee i �C7 � Receipt Number Recording Fee ( °° Receipt Number Zoning District Application Checked By " — Planner Assigned to Case TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures). I (we), the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners. Legal Description: SE %NW'/4 AND SW 1/4 NE 1/4, S9,T6N, R64W Total Acreage: 80 Zoning AG Parcel Number 0 8 0 1 0 9 0 0 0 0 4 2 _—_ (12 digit number-found on Tax I.D. Information or obtained at the Assessor's Office). Has this property been divided from or had divided from it any other property since August 30, 1972? Yes -X No Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes X No Does the parcel of land under consideration lie in any of the following Overlay Districts? Flood Hazard: Yes No X ; Airport: Yes T No X ; Geological Hazard: Yes_ No X FEE OWNERS OF PROPERTY Name: Howard Manufacturing Company Home Phone# 303-694-6781 Work Phone# Address: 8166 S. Adams Way City/State/Zip Code Littleton, CO 80122 Applicant or Authorized Agent: Wayne Howard Phone# 353-0982 Address: 907 30th Ave.,Ste. 105 City/State/Zip Code Greeley, CO 80634-5100 Name: Home Phone# Work Phone# Address: — City/State/Zip Code Larger Parcel Smaller Parcel Smaller Parcel Applicable only for 3-lot Recorded Exemption Water Source Well/or NWCWD Tap Existing NWCWD Tap Type of Sewer Septic Septic Proposed Use Agriculture Special Use Acreage 73.0± 7.0± Existing Dwellings No Commercial Site Yes or No Existing Dwellings Address(if applicable): Larger Parcel None Smaller Parcel None Smaller Parcel(applicable only for 3-lot Recorded Exemption) I hereby state that all statements, proposals, or plans submitted with this application are true and correct to the best of my knowledge. 7/1/7 Rev: 1-27-97 S'§nat e: Owner or Authorized Agent., \ 1 RECORDED EXEMPTION QUESTIONAIRE SE'/a NW'/4 and SW% NEl/4 Section 9, T6N,R64W 1)a) Domestic Use: The smaller parcel currently has a water tap from the North Weld County Water District as per letter from the Water District. The larger parcel will also be large enough to apply for either a domestic well or water tap if necessary. b) Irrigation Water: The smaller parcel is presently utilized as a non-irrigated dry land grazing land and the location of a US Government FAA VORTAC radar installation. The larger parcel will remain part of a sprinkler irrigated farm with some dry land grazing. 2) Neither parcel currently has building improvements. Soil types for both parcels will adequately support septic systems as required by the Weld County Health Department. 3) The property is currently being operated as a sprinkler irrigated farm with dry land grazing operation in conjunction with the leased FAA radar installation. It consists of approximately 60 acres of prime sprinkler irrigated farmland and approximately 20 acres of non-prime grazing land, as defined by the Weld County Comprehensive Plan. The radar installation is located on the dry grazing land only. 4) Because the FAA has expressed interest in buying the existing radar site,the owner would like to have that portion legally split from the balance of the farmland. Because the highest and best use of the land has changed,the owner wishes to sell the less productive acreage that the VORTAC installation is located on to reduce debt and maximize highest and best use of both parcels. 5) The subject parcels are located south east of Galeton,to the intersection of WCR 55 and WCR 72,then approximately .4 miles west on WCR 72, and then south along existing access road to both parcels. The smaller parcel will be approximately 5.0 acres, while the larger parcel will be approximately 75 acres. The area in which the new parcels will be created consists of predominately irrigated farms from 80-160 acres with some scattered small rural residential 5-10 acre tracts. 6) There are no unique physical characteristics on the site that need to be addressed. 7) The only existing structure is the radar installation building located on the smaller parcel. Any future buildings would require that all future setback requirements be met when building permits are applied.for. 8) Because of time constraints and potential financial consequences,the owner does not wish to pursue a conservation easement at this time. 9) A building envelope will not be designated on either parcel. The smaller parcel will not take any prime agricultural land out of production and will only be utilized to meet existing FAA radar needs. The larger parcel has no potential building sites that are any more feasible or better than other sites,therefore negating the need for a building envelope. 10) The proposed partitioning of this property is consistent with the Weld County Comprehensive plan and will not detract from its long-range goals or any other intergovernmental agreements. 11)The proposed uses of all parcels will be compatible with existing and surrounding land uses. The smaller parcel will continue to be used as currently used, a US Government FAA VORTAC Radar Station, and the larger parcel will remain part of a sprinkler irrigated farm. 12) The proposed partitioning of the property is consistent with the intent of the agricultural district as expressed in the amended Weld County Zoning Ordinance,and the Weld County Comprehensive Plan. All parcels will remain zoned agriculture and will allow for more efficient utilization of each parcel's highest and best use. 13) The proposed partitioning of the property is consistent with efficient and orderly development as defined in the Weld County Subdivision Ordinance, Section 1.3. It will not create any known hazards or environmental problems to the community. ) md,c c F r:• y w a� P•Yhi4 ��TSY � � �� ..1 N j4�Jw� •�" REFERRAL LIST L NAME: Howard Manufacturing Company CASE NUMBER: RE-2950 REFERRALS SENT: September 29, 2000 REFERRALS TO BE RECEIVED BY: October 23, 2000 COUNTY TOWNS and CITIES Attorney _Ault _X Health Department Brighton Extension Service Broomfield Emergency Management Office Dacono Sheriffs Office Eaton _X Public Works Erie Housing Authority Evans Airport Authority Firestone Building Inspection Fort Lupton _X Code Enforcement Frederick STATE Garden City Division of Water Resources Gilcrest Geological Survey Greeley Department of Health Grover Department of Transportation Hudson Historical Society Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey Division of Wildlife: LaSalle Loveland Lochbuie _X_Greeley Longmont Division of Minerals/Geology Mead FIRE DISTRICTS Milliken Ault F-1 New Raymer Berthoud F-2 Northglenn Briggsdale F-24 Nunn Brighton F-3 Pierce Eaton F-4 Platteville Fort Lupton F-5 Severance _XGaleton F-6 Thornton Hudson F-7 Windsor Johnstown F-8 La Salle F-9 Mountain View F-10 COUNTIES Milliken F-11 Adams Nunn F-12 Boulder Pawnee F-22 Larimer Platteville F-13 Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES Poudre Valley F-15 US Army Corps of Engineers Raymer F-2 USDA-APHIS Veterinary Service Southeast Weld F-16 Federal Aviation Administration Windsor/Severance F-17 Federal Communication Commission Wiggins F-18 Union Colony F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER Fort Collins X_School District RE-7 _X_Greeley Ditch Company Longmont West Adams , a • E m� E . F] �CalksLle' OCT 5 2000 I I ' - WELD COUNTY Weld ountyg `e er&al COLORADO September 29, 2000 The Weld County Department of Planning Services has received the following item for review: Applicant Howard Manufacturing Case Number RE-2950 Company Please Reply By October 23, 2000 Planner Chris Gathman Project Two-Lot Recorded Exemption Legal SE4 NW4 and SW4 NE4 of Section 9, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado. Location Approximately Y mile south of WCR 72 and approximately 1/2 mile west of WCR 55. For a more precise location, see legal. Parcel Number 0801 09 000042 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature f tail / 0 — (1 — OO Agency lL&,,L 7te4 --42:--D Date 4-Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO. 80631 •'x(970)353-6100 ext.3540 :•(970)304-6498 fax MEMORANDUM TO: Chris Gathman, Planner I DATE: October 23, 2000 FROM: Donald Carroll, Engineering Administrator O C SUBJECT: RE-2950, Howard Manufacturing GhorrjWn Pi ing ep'sn • COLORADO „W r 24 20QQ kar, , The Weld County Public Works Department has reviewed this proposal. This project falls primarily under the Weld County Recorded Exemption Standards. Our comments and requirements are as follows: COMMENTS: WCR 72 is designated on the Transportation Plan Map as a local gravel road,which requires a 60- foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (Ordinance 89, as amended), the required setback is measured from the future right-of-way line. WCR 55 is designated on the Transportation Plan Map as a local gravel road, which requires a 60- foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (Ordinance 89, as amended), the required setback is measured from the future right-of-way line. REQUIREMENTS: The Weld County Public Works Department has concerns on avoiding the flag lot access where possible and avoiding the subdivision process. The applicant has three recorded exemption cases in the same section adjacent to each other. In accordance with Section 10.5.10 of the Weld County Subdivision Ordinance (Ordinance 173, as amended), the flag lot configuration will be avoided where possible. The minimum width of a flag lot is 30 feet. (Lots A and B) The right-of-way or easement shall be a graded and drained road to provide all weather access. Pursuant to Ordinance 169A, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. pc: RE-2950 plan9re.wpd 1 Road File# 70.... RE: n':,;.art.) Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: 9/1/2000 1111 H Street,P.O. Box 758, Greeley,CO 80632 Phone: (970)3564000,Ext.3750 Fax: (970)304-6497 1. Applicant Name Wayne Howard,Agent Phone 353-0982 Address 907 30"'Ave.,Ste. 105 City Greeley State CO Zip 80634-5100 2. Address or location of access .4 miles West of intersection of WCR 72 on WCR 55 Section 9 Township 6N Range 64W Subdivision Block Lot Weld County Road # 55 Side of Road East Distance from nearest intersection .4 miles West 3. Is there an existing access to the property? Yes X No #of accesses 1 4. Proposed Use: ❑ Permanent 0 Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision U Commercial ❑ Other ********************************************************************************************************** 5. Site Sketch N Legend for Access Description: AG= Agricultural DES WCR 72 e '. RES = Residential AG O&G= Oil&Gas ` D.R. = Ditch Road 'lam I. , WCR 55 WCR 53...._. I E WCR 70 OFFICE USE ONLY: Road ADT Date Accidents Date Road Accidents Date �'-.� ADT :r i Date ::��- ,,;',A% �.__'r Drainage Requirement Culvert Size Length Special Conditions *********************************************************************************************************** ❑ Installation authorized ❑ Information Insufficient Reviewed By: Title: 8 6 � MEMORANDUM TO: Chris Gathman DATE: October 10, 2000 wipe FROM: Sheble McConnellog, Environmental Health COLORADO SUBJECT: Howard Manufacturing Company CASE: RE-2950 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. SM/ske/RE-2950 ;Veld County Planning Dept. OCT 11 2000 RECEIVED • II I Weld County Referral COLORADO September 29, 2000 The Weld County Department of Planning Services has received the following item for review: Applicant Howard Manufacturing Case Number RE-2950 Company Please Reply By October 23, 2000 Planner Chris Gathman Project Two-Lot Recorded Exemption Legal SE4 NW4 and SW4 NE4 of Section 9, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado. Location Approximately'/2 mile south of WCR 72 and approximately % mile west of WCR 55. For a more precise location, see legal. Parcel Number 0801 09 000042 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. ID See attached letter. Comments: Signature � / u 7 — -vv Agency Platte Valley S. D. Weld RE-7 Date +Weld County Planning Dept. 41555 N. 17th Ave. Greeley,CO. 80631 4(970)353-6100 ext.3540- 4(970)304-6498 fax C� (; @Matte 9)alley @Schools -- WELD COUNTY DISTRICT RE-7 P.O. BOX 485 - KERSEY, COLORADO 8O644-,4(9� 7,��Oyy/336-85OO- FAX 970/336-85 I I E.GLENN M0CLAII%,�3EJ T �danning Dept. OCT7 7 2000 RECEIVED October 9, 2000 Weld County Planning=l)eparttnent 1555 N. 17th Avenue r` Greeley, CO:80.6..31 . RE: Land Dedication The Board of Education of Platte Valley School District Weld;RE 7 passed the`attached land dedication, cash-in-lieu policy at the March 13 2O00 meeting ,This pokey addresses new developments and recorded exemptions that would affect the district .The policy is specifically intended for land use that will be a new residence t This policy is an effort to assist the district in mitigating the n ereasmg capital cost of growth. Please forward,this i@formation.to potential land developers and'mdividuals requesting recorded exemptions so That they may make arrangementsawith the sc ool.district to satisfy the requirements'of the policy •, The district also re4uests that the`land developer contact the school rn regard to transportation. If the intended-use is fora residence fthen.coynsideradon for school bus st'a�pineeds to be examined. or MJohael B,aril&..it Please call Glenn McClain you have any questions. Sincerely, E. Glenn McClain, Jr. Superintendent C. 6cxzcatloff.. . . 2va c46tut Jf Gizi A i � . RESOLUTION OF THE BOARD OF EDUCATION OF PLATTE VALLEY SCHOOL DISTRICT RE-7 WHEREAS, growth in residential land development and the constniction of new residential dwellings within the boundaries of the Weld County School District PE-7(the "District")necessitates the acquisition of additional public school sites to accommodate the corresponding increases in student populations; and WHEREAS, requiring land dedications for public school sites,or payments in lieu of land dedications will provide a portion of the land to meet such demand; and WHEREAS, planning departments within the various local governments that have territory within the Dutriut ri�ntinely rrfr,Tapplitatiitni Niatiag to iww development for review and comments concerning the adequacy of public school sites and facilities; and WHEREAS, local governments are encouraged and authorized to cooperate with other units of government, pursuant to Section 29-20-105,C.R.S., for the purpose of planning or regulating the development of land, including, but not limited to, the joint exercise of planning, zoning, subdivision, building, and related regulations;and WHEREAS, in an effort to promote further cooperation between the District and other local governments in connection with the issuance of residential land development approvals, and in the mitigation of the impacts of such residential land development approvals on the District's ability to provide adequate school,the District has determined to adopt a uniform policy with respect to its recommendations to such local governments in the referral process; and WHEREAS, the District has determined that the mitigation of the impacts of such residential land development approvals should occur through the dedication of land for school sites,or the payment of funds in lieu of such dedication; and WHEREAS, the policy set forth within constitutes a reasonable and uniform method of ensuring that new residential construction and residential development bear a proportionate share of the cost of public school sites acquisition necessary to accommodate the educational service capacity demands of the residents who will be . living in the new dwelling units; NOW, WHEREFORE, the Board of Education of Weld County School District RE-7 hereby results as follows: 1. Cooperation with Local Governments Encouraged. The ability of the District to provide adequate educational opportunities for its student population is dependient upon, among other matters, the availability of adequate land, or in the alternative the availability of funds to purchase adequate land. Since the approval of residential land development applications by local governments with territory within the boundaries of ,the District substantially impacts the District's ability to meet its obligations to the public, the District shall encourage and request that such local government entities refer to the District all residential land development applications for review and comments concerning the adequacy of public school sites and facilities. Further,the District shall encourage and request that such local government entities consider the District's/ comments in conjunction with the review and processing of each individual residential development application,and cooperate with the District in regard to the mitigation measures established in this Resolution. The District shall promptly review the referred development application and promptly submit its comments, recommendations and requests consistent with the policy set forth in this Resolution,to the appropriate local government 2. Land Dedication Requirements. In connection with any pending or new application for residential land development to any local government with territory within the boundaries of the District, the District shall recommend and request that the following land dedication standards be imposed by such local government as a condition of development approval,except to the extent that the District,through its Superintendent or designee, has determined that the best interests of the District would be served by the payment of the fees set forth in paragraph 3 hereof, in lieu of such land dedication. Land shall be dedicated to the District in an amount equal to the greater of: (a) 10 percent of the total size of the approved development,or(b)calculated at the rate of two acres for every 1,000 new residents reasonably projected by the District for the development. 3. Fees in Lieu of Dedication. In the event the District, through its Superintendent or designee,determines that dedication of land is not in the best interests of the District, the District shall recommend and request that the following fees be paid in lieu of such land dedication,as a condition of approval of the development application by the local government. The fees shall be calculated as follows; (a)$750 for each new single-family residence; (b) $585 for each unit in a duplex or triplex; and(c)$420 for each unit in a multi-family structure other duplexes or triplexes. 4. In-Kind Contributions. The District shall be authorized to accept in-kind contributions in satisfaction of the requirements set forth in either paragraph 2 or 3 hereof, provided that such in-kind contributions represent a fair equivalent in terms of the value which would otherwise be realized under the policy set forth in such paragraphs. 5. Land Dedication Procedures. In the event that the District determines that land should he dedicated to the District, the District shall recommend and request that before recording the final plat for any development,that the local government require proof that the property owner has conveyed title to the District by general warranty decd, free and clear of all liens, encumbrances and exceptions(except those approved in writing by the 2 • District), including, without limitation, real property taxes,which shall be prorated to the date of the conveyance. The property owner shall also provide a title insurance commitment and policy in an amount equal to the fair market value of the dedicated property. 6. Fees in Lieu of Dedication Procedures. In the event that the District determines that fees should be paid in lieu of dedication of land,the District shall recommend and request that before recording the final plat for any development, that the local government require proof that the property owner has either paid in full to the District the applicable fee based on the total number of residential units proposed for the development, or alternatively,that an agreement has been signed between the District and a party in interest acceptable to the District which provides for a means of payment of such fees upon such terms and conditions as the parties may mutually agree upon. It shall be an acceptable method of payment, for purposes of such agreements, for the fees to be paid as building permits are issued. 6. Exemptions. The District has determined that the following types of residential development do not have an adverse effect on the District's ability to provide adequate educational facilities; accordingly they are exempt front land dedication requirements or fees to be paid in lieu of land dedication: (a)alteration or expansion or replacement of a residential dwelling unit not exceeding an increase of 1000 square feet over the existing dwelling; (b)assisted living facilities for the elderly; (c) construction of any building or structure intended for and used for limited terms stays,including by way of example and not by way of limitation,bed and breakfasts,hotels, family-care or group-care homes, boarding or rooming houses,nursing homes,hotels, motels or hospices; (d) construction of any non-residential building or structure; and(e) construction of any residential building or structure classified as housing for older persons,pursuant to the Federal Fair Housing Act then in effect 7. Use of Funds. The District shall hold or deposit in trust for public school sites all lands or funds it receives in connection with the application of the policy set forth in this Resolution. With respect to fiords received,the District shall use such funds solely for acquisition, development, or expansion of public school sites or for capital facilities planning, sites acquisition,or capital outlay purposes. The timing,nature,method and extent of such planning, acquisition, development or outlay shall be at the discretion of the District. 8. Accounting for Dedications or Fees. The District shall cause to be included within its annual audit a summary and description of the status of receipts of land or fees in lieu of land dedication,so that full disclosure of the District's activities with respect to such receipts may he made public. 9. Further Actions. The District hereby authorizes its Superintendent, and such other employees,agents or consultants of the District as the Superintendent shall so • designate,to proceed to contact local government entities with territory located within the boundaries of the District in order to inform such entities of the District's adopted policy. 3 further, in order to ensure the long-term integrity of the policy set forth in this Resolution, such panics are authorized to proceed to negotiations with such entities directed towards achieving a formal written agreement with respect to the cooperation between such local governments and the District ADOPTED THIS u DAY OF ma r ,2000. • PLATTE VALLEY SCHOOL DISTRICT WELD COUNTY RE-7 By: President, Board of Education ATTEST ee i7& By: Secretary, Board of Education • • ti4) , 11111 D C Weld County Referral COLORADO September 29, 2000 The Weld County Department of Planning Services has received the following item for review: Applicant Howard Manufacturing Case Number RE-2950 Company Please Reply By October 23, 2000 Planner Chris Gathman Project Two-Lot Recorded Exemption • Legal SE4 NW4 and SW4 NE4 of Section 9,Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado. Location Approximately 1/2 mile south of WCR 72 and approximately 1/2 mile west of WCR 55. For a more precise location, see legal. Parcel NumberM 0801 09 000042mm 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. LI 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: - tC c`� e, ri C1c C7)1,-) Lcfx t-1%7l C1ck tLOC 1 4t-t._ elbOrt. c' MCC1 I �. Signature -P5:11k... 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[.Ye;. �'�� ~,u2,'.;..,KL . f" �"" 'Y,,'a. -"m,. _ Tyg.y.,;.i:£st:,• .._a _'4,1:,:,: :_ym.. - .^Ei-wip . fi'471 - .;iu-_ �V a4.y ��-''(xF:..P's,'at"_-: "r- "...3. _ - �I 1. •=a7:1,-4.-..�..'� aF�+`,� sViii •'�€te'''a'; _ - r.,11'ic- ...} -_ _ _ _ s.-"-" _.,r:' _ _ • '1.-,• x.'c': ""'K'«` M -s. E.. - - -- -;:-.h: - 'etf?r:..,"._ _ .=Y', 't'..1}' ..fit ^�:� '.v,. .;Y - - _- c`.,a .y ::S �e.4,. +� x_J•rx o .::* .., 'sa ,.,- ti:-_,�'-:- "; ke--- - .� , • - 'S+'.'S3,`r'�lfx�'- -,; ' . -tl �A+.,_.,x - o-� xfi'�fi:Y','-•�' � .._ . ..�.�La;�:" .-__:,,,,1;4i,,..:� -ei:..�' -,ra3.. .. • ..• - _ _=:zyrr. k'�'� ' .r"v.-..:,J ..Y,�''-,'E, �`�.'�.mv":e5FE �lkb 44e'ASfi':nr+`�-, : ` 'e x_,r w SOD/-/c9f ' HOWARD MFG RE cv, C) up Ix lJ I I I r, (] Gi CO SMALLER PARCEL , t id 7 ACRES , , ..„,......w.sr,,,,,,,„.„..,,,,, f �s r N, LARGER PARCEL I 2 73 ACRES i t r'' ' I en a U ,, i i ., ,, U, an I, It U r G CR 70 n - ( Ho-wards Lake. 7CR 70 . . C] , I" O1999 Dee. Street Atlas USA RE -2950 & 2952 Vicinity Map , , \\tit)Cit. gait Lot LotA KS Lot `J AMRE-790 Lot B RE-2951 RE-2743 (Proposed) 2 3 " Lot„ (2000 ' ; ; A. ;; O /t Bil ot B 'v MH Lot B ... i. LotA I ` f\,: D11,,, ,I,,Lo C -257 / Parcels /Irrigate.shp (1999) �/Creeks/Streams/Intermittent �\ iii 1� ra Lakes/Rivers Lot B v I ..7 text Section Text Assessors Code / eft ':ake Town/Range Grid GIS Sections Lot A Lot B County Boundary \ � N W \� � E cs 0.6 0 0.6 1.2 Miles S QV AMENDED RECORDED EXEMPTION U UI-UV-4-/Mt-tt /Vi 111111111111111111111111111111111RIOIIINH till 2715593 08/23/1999 01:11P 1eld County CO 1 of 1 0 10.00 D 0.00 JO Suki Tsukamoto FND ALUM CAP W 1/16 COR, SEC 9 & SEC 3 N 1/4 COP, SEC 9 & SEC3 E 1/16 COR, SEG 9 & SEC 3 FND 3 1/4' ALUM ! LS 23501 SET N0. 6 X 30' SET NO. 6 X 30' SET NO. 6 X 30' CAP, LS 7242 I I I I REBAR W/ 2 1/2' REBAR W/ 2 1/2' REBAR W/ 2 1/2' 1997 [ALUM CAP, PLS 9644 ALUM CAP, PLS 9644 ALUM CAP, PLS 9644 3 E t 4 I 1999 1999 1999 5 • 4 WCR 72 i S_..2 ._ . 2611.36' �— �� - �' _.._.._2_ ._.._2611.83' L 89' '0 ' 1305.68' N89'28'26'E 986.50' — — 319.18' 479.75 d 826.56' 1305.52' 8 I 9 S89'28'26'W S89'27'02'W co i 1G i i S00'00'00'E LOT .A. EXISTING o . I 30' ROW (TYP) -- �I� 247.89' ACCESS RE 790 r 60' ROW STYP) --a.- L...- FND PLASTIC CAP 9.96 ± AC aar' 74+ in io LS 15278 .) EXCL. CO in 1 CO d- o RD ROW 1' �' w a BK 1224 ®--Z —26482 1w/CR 72 v ce (h Q, REC. 2127412 3 3 in CED n 02/16/89 3500' 3 �rj 14.4VE in * LOT "ii" X76• SET NO. 5 X 30' c m •RE 790 REBAR W/ 2' ALUM B 0 67.07 ± AC m CAP, PLS 9644 (TYP) In z EXCL. CO 0.891 AC RD ROW & LEASE w U. S. A. VORTAC BK 759 FACILITY LEASE REC. 1680526 ''' 02/03/76 N 0 • S89'25'43'W S89'25'15'W 1302.50' 1304.83' NE 1/16 COR, SECTION 9 - NW 1/16 COR SECTION 9 CN 1/16 COR. SECTION 9 SET NO. 6 X 30' SET NO. 6 X 30' SET NO. 6 X 30' REBAR W/ 2 1/2' -REBAR W/ 2 1/2' REBAR W/ 2 1/2' I I ALUM CAP, PLS 9644 ALUM CAP, PLS 9644 ALUM CAP, PLS 9644 `� 1999 1999 1999 U. S, A. VORTAC FACILITY LEASE • BK 1508, PG 602 07/29/58 LEASE BK 1656, PG 203 08/19/63 41 • • CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD The TRANSNATION TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972,and the most recent deed recorded prior to August 30, 1972. • LEGAL DESCRIPTION: SEE ATTACHED EXHIBIT "A" CONVEYANCES (if none appear, so state): - Reception No. 1084021 .Book 1272 Page 119 ReceptionNo. 1680526 ,Book 759 Reception No. ,Book Reception No. ,Book 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 is not to be constructed as an Abstract of Title nor an opinion of Title, nor a guarantee Title and the liability of TRANSNATION TITLE INSURANCE COMPANY,is hereby limited to the fee paid for this Certificate. • In Witness Whereof, TRANSNATION TITLE INSURANCE COMPANY, has caused this certificate to be signed by its proper officer this 28th day of August 2000 , at 7 -QUA M . TRANSNATION TITLE INSURANCE COMPANY ORDER NO. 8513652 Company Page 1 of 2 1 J70-/pl By./ �.Lc sae . j 7&p 'i..C.; Ain\ Aut orizSignature V EXHIBIT "A" All of Section 9, Township 6 Ndrth, Range 64 West of the 6th P.M. County of Weld, State of Colorado. EXCEPTING THEREFROM any part lying within Amended Recorded Exemption No. 0801-09-2-AMRE790, recorded August 23, 1999 in the NW 1/4 of the NE 1/4 and the NE 1/4 of the NW 1/4; ALSO EXCEPTING THEREFROM any part lying within Recorded Exemption No. 801-09-3-RE2571, recorded March 24, 2000 as Reception No. 2757473 in the W 1/2 of the SW 1/4; ALSO EXCEPTING THEREFROM any part lying within Recorded Exemption No. 0801-09-2-RE2743, recorded June 20, 2000 as Reception No. 2775804 in the W 1/2 of the NW 1/4. • Page 2 of 2 ORDER NO. 8513652 ,� h• z5 .v— ...,:�i4da"" tom# i�—p. 4- .] .. 2t.. �¢M,f;ArM� n,'. ltet'. ,of=:N .rf,..--Tr `W$"w�d"mr.`L"'£sPn'! X;ktii. • w'. 3.1:3 f7S rr1 rat 1>f'' 119 -10 t Recorded at. —nrt.. ll _ -.-- . rz spoon r j.it� . tl - Ign BBB a &l'ow ALL MEN ur THESE PRI-leE^STS,Thetis sre'lan W. 2ownrd r.4. t C Y b\: 8 `� and State a<ColOrvdo, ••,..-2,.. !! " of the Coantrof larieer , 'z' •1 9t for the consideration of ter dollars and other value_ le con-iderrt ion. - DeReee. T,Tyu1. Fort Ti in hand void,hereby sell and quit claim m The Poudre Valle:- Tat i-sal ?a^^� of •• Collins. ! ric }: ^9 Trustee v r i £ Pa sod Stator of Colorvdw tt ..i of the County of tar i--.er "� i ]vyLi , Z the following real property. -tu,:e m toe County of field t c ! 'y ". ss 4 e. ryC .,.I and State of Colorado,to wit . sir. , ,P., ot: Wert o_ thy) 1P ₹ _ All a. Section 9, '_"ow^s. . 6 .`:nrt'^ -` Pc.' Iils4 r it P. M. Yy y _5C 50 i i r 1 - .1 1 i t , r $` with all its appurtenance., Actual consideration less than $100. • Signed end delivered this 24th day of V7 .A.1).1950 1950 in the presence of I 1--a-4!tiLy:i. -// "Crit ... 9 L14 —44 1 . _ _. _ (SEAL] i. STATE OF COLORADO. 1 ' ' 1.µ , County of Lorimer ! ti • . She faa`u4ohg instrument Alta acknowledged before me this 24th day of N T _ 10• ,Wt: Graham V, Howard. ( il 1' 2 illy colnAtsaitethipires Feb. 28, 1952. .... ._.. NOWT Publk. a - utlr+ artteW DI(ta v mama• u by .cn g m t.on.ea I li m e>vaev t Deno name m w poomorm ev, i .ert «ma m r.eo�oe yea d..er+oum.R eT' W>a vxt thrte'r.Moen t eovh oiru'rSaa vrx t m:r'eawn of w s oww•n°n.namme to--sew t a l �•. DirriowakdgMes4.ef••aa a»>. '". .S i t No.998. QUIT CLAIM D[LD. n.9Mford-Dnbta T4.m.YtM1 11'Mas'a Ls•I BWb.1Nt sods o•a .DeIa —, i t .. 9TATUT0RT1 ggFF � m Mts. .: ., o�'dFEB( `11976 :�y Recorded at /ti Weir& .'{v, FE S . �j _,. t• Reception No -� _Recorder. .. F'Y= �aL*,'?L`3 tit c - -1.7...I ri . ;w• : • s�>��. BECASDE�S STAMP ( .'��'' farFt ' �"°t' fitv„rs Pvvn, M.A.ito. 7th dray of January - I �� _ 11976 �t UNITED BANK OF FORT COLLINS iii,.-- WN eI • NATIONAL ASSOCIATION, Trustee (formerly known as The Poudro Valley National Bank of Fort Coll rs) r a corporation duly organised and existing mtder and by virtue of the laws , — of the State of Colorado,of the first pert,and eo.' I HOWARD MANUFACTURING COMPANY ' + City and of Denver II t':,'_ t.l lath; County I and tate of Colorado,of the second part; • I I i•*: *--I I Wit\ySeT That the said party of the Drat part,for and in consideration of the sum of 1 I . • Ten Dollars and other valuable consideration Dollars. I 0 2l to the said party of the ft st part,in hand paid by a...a=tae y of the.seeped hart the recdpt z'.:;oof is. I Fr: hereby confessed and acknowledged,has granted,bargained,sold and_on..,,sd end by these presents does grant, I LI.. egrWcA - N ' bargain,sell,convey and confirm unto the said part y of t:a second part, i t s heirs and assigns p �.•'-sZMM . .t I I forever,all the following described lot or parcel • of land,situate,lying and being in the I I I I G;nr,.y of Weld and Smote of Celen4e,to wit: • ..--37.•-,-.4 - II All of $artion 9, Tnt.-nshif, 6 North,. PAnge 64 .West of the 6th I >e. ≥X �� P.f'.. except reservoir and rights of wd for roam, tc^cth r ti e=a=°"�' r, .ii wiLh 100 acre-foot units of the Northern Colorado Water l r?..:-..M ti •Conservar..y District and all other water rights and water !I n' �afi am it Stock appurtenant thereto; I K- bRti i I • El.:, IIiligEFfi I' II ,I � . t II II ZEtDA v • .. vII 410 II . . II;; �� f* Together wit'_all and singular tto. hemlitamenta and appurtenances thereunto belonging. or In anywise termer- nor Itaming,and tho reversion and reversions,re.:ai r and reatciadcrs, r•nb, i.n•_n .2.....-A y efrte thereof; end al se.: I 3r.. maTiPM estate,right, title,interest,claim and demand whatsoever,of the said party of the first part, either in law er I y I equity,of,in and to the above bargained premises,with the bereditainents and appurtenances; TO RAVE ANDSts' eke 1 TO HOLD.the said premise'shove orrgalaed Red des eined with the appurtenances.unto w'' Howard Manufacturing Company the said par y oi the second part, I re., it�s -�- heirs and assigns forever. SiMIMMAnd the said party of the first part,for itself and ins sncceseors covenants and agrees to and with tae said —"1 . r rrnict wad `. • . �' ' , i,:art of the second cart, its heirs andd r„sgia, t_•e above barge bed galas in the j' -. peaceable pesacaoiaa of the said part •Y of the second part, its heirs and assigns against all and II every person or persona lawfully claiming or to eb be the whole or any part thereof,by,through or under the said :- _ party of the first part.to WARRANT AND FOREVER DEFEND. I tea: I IN WITNESS WHEREOF,The said party of the first part has caused its corporate name to be ate_... =_ 11 i subscribed by its President,and its corporate seal to be hereunto affixed,attested by its �*,� C'tshier - UMW fia the day and year t above written. A •. , w � - ,,dd � �� .raaa�a / ,.�-'a-. -u •- UNITED BANK OF FORT COLLINS NATIONAL ?ERMEI ��e', '' ASSOCIATION, Trustee , • _ .. 11 N= _:i ,., Zee By ,,i !,^v[^ 1/1.ti t 4..,.4-• --'Preetticoc - �� R�r' ;,,• ≥.• STATE of COLORADO, �I • ',ewe' • mer 's•Lori it _.. County of ---------, January The foregoing instrument was adoiowledged before me i air..._..-•.3Sh�.__day of y 76 Robert M. Dunn as President and Attested by Jack P. Bowman trail ems,, ape 's is:-of United Bank of Fort Collins N. A., Trustee____ jl . yrett itiu•e�tree Arch-.38._.1.976 I i t freed and oftl,sal seer. J ./•••// .a 1621, Notary Evblie. il Pr col,..c. r34' r r ,it_~'r' ' No.16-S. srecw.WARRANTY REED —Bradford rublidtiog Co.ia:'4-4e Stout serer Drover.Colornto--s-n --ye'.`:."' If by natural person or person, bare ioeert name . samu; if by person acting b ,e,,rvieotat:va or official capacity or u �?=_:i=` attorney-Is-fact, then Inert name of perm eoestnr.r. attorney-in-fact or other nadtT deecrirtio,: If by officer of nor- • peratioo. then b,aert of,orb officer fficers- the president or other officers of rcch corporation, asinine tt—Soo,ntory• Ackne..iedsreant.Colorado Statutes Annotate&-Ch.4e.See.107. w • BOARD OF DIRECTORS NORTH WELD JNTY WATER DISTRICT GARY SIMPSON 33247 HIGHWAY 85 • ._DCERNE,CO 80646 • ERNEST ROSS _ W.M.McKAY G DON POSSELT,DISTRICT MANAGER CHARLES ACHZIGER p. ROBERT ARNBRECHT P.O.BOX 56 • PHONE(970)356-3020 • FAX(970)395-0997 tj e-mail:nwcwd@bwn.net September 7,2000 Howard Manufacturing Agent: Wayne Howard • C/o Terra West Real Estate 907 30°i Ave.,Suite 105 Greeley,CO 80634-5100 (970)353-0982 This letter is in response to your inquiry regarding water service to the following described property, • Approximately 34501 WCR 55,in a portion of the • SW'/4 of the NE%4 of Section 9,T6N,R64W of the 6'I'Prime Meridian 1. Water service is preseptly being provided to the above described property. 2.North Weld County Water District is able and intends to provide water service to the above mentioned property, provided all requirements of the District are satisfied. • • If contracts have not been completed witlfNorth Weld County Water District within one year from the date of this letter,this letter shall become null and void. The Tap Fees quoted below,shall be valid for ten(10)business days from the date the applicant receives this letter. After ten days,the costs will be subject to the current cost established by the District. The applicant can avoid the Raw Water portion of the Tap Fee,by permanently transferring one unit of Colorado Big Thompson(CBT)Water to the District. TAP FEES INSTALLATION COST ESTIMATE Raw Water for an Acre-Foot Unit(AFU) $14,000 Meter Set $TBD • Base Portion of Plant Investment Fee $5,000 Range:$500-$2,500 • Distance Portion of Plant Investment Fee $2,400 TOTAL COSTS $21,400 $TBD Before a water tap may be purchased,the applicant must provide a copy of a Warranty Deed,and Physical Address. The applicant should also bring a copy of a surveyed plat of the property(required for a recorded exemption)and this • letter. After the water tap has been purchased(Raw Water AFU&Plant Investment Fee)the applicant has one year • • in which to have the meter set. The District requires 45 days prior notice to setting a meter. If the meter has not been set within one year from the purchase of such meter,the District shall refund the applicant 75%of the purchase price • that was paid by the applicant. If any line extensions,road bores or additional installation costs are estimated to be more than$5,000,then Proof that"Loan Funds or a Line of Credit"are Available and ready to reimburse the District at the time of completion,for 110%of the estimated cost. The applicant will pay such costs before the tap is activated (water is turned on). Water tap/service shall be placed on the physical property, defined by a legal description. In case of a Recorded Exemption,the water tap shall be located on the physical property of the Recorded exemption defined by a legal description before a water tap/service will be transferred from seller to buyer. • The District recommends that anticipated water usage be purchased through the District. The District guarantees treatment and delivery of water purchased. All rental water and water that is delivered with surcharge is subject to water availability and will be issued on a first come-first serve basis and is not guaranteed to be available. The District requires that 1 Acre-Foot Unit(AFU)is purchased. With 1 AFU purchased any usage beyond 228,000 gallons will be in surcharge. The Plant Investment Fee shown above pays for the infrastructure required to deliver 1 AFU(228,00O gallons). If usage exceeds the number of Plant Investment Fees that were purchased,additional charges will be applied to your account. • Alan Overton North Weld County Water District U:\Legal Documents\Letter of Intent\20001HowardMfg55&70N(9-7-00).doc • �c � 440t MEMORANDUM TO: Board of County Commissioners COLORADO FROM: Chris Gathman, Planner e.g< SUBJECT: Additional Conditions for RE-2950 & 2952 Planning Staff recommends that the following conditions of approval be included with RE-2950 and RE-2952: 1) RE-2950: "The applicant shall submit a copy of a recorded deed for the 80-acre parcel on which RE-2950 is proposed." 2) RE-2952: "The applicant shall submit a copy of a recorded deed for the 160-acre parcel on which RE-2952 is proposed." 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