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Home My WebLink About20012703.tiff ....E-yl_'-fs>-+✓-z.L,._rte. DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue, Greeley, CO 80631 Phone (970) 353-6100, Ext. 3540, Fax ((970)304 6498 USE BY SPECIAL REVIEW APPLICATION Application Fee Paid Receipt# Date Recording Fee Paid Receipt# Date Application Reviewed by: TO BE COMPLETED BY APPLICANT: (Please print or type, except for necessary signature) LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: PARCEL NUMBER: 1311.S.QQ.Q-Q Z(12 digit number-found on Tax I.D. Information or obtained at the Assessor's Office. Section 6 , T2 N, R 67 W-Total Acreage 3 6 Zone District Overlay Zone Property Address (if available) 11955 Weld County Rd. 15 Longmont, CO 80504 Proposed Use Roping Arena - established 1 975 SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE SPECIAL REVIEW PERMIT Name: L. Blake Nelson Address:12071 Weld County Road 15 City/State/Zip: Longmont CO Home Telephone: 651 -1 333 Business Telephone(303 ) 651 — 333 Name: Address: City/State/Zip: Home Telephone: Business Telephone APPLICANT OR AUTHORIZED AGENT(if different than above) Name: Address: City/State/Zip: Home Telephone: Business Telephone: DEPARTMENT OF PLANNING SERVICES USE ONLY Case# Floodplain: ❑ Yes o No Geologic Hazard: ❑ Yes o No I hereby state that all statements and plans submitted with the application are true and correct to the best of my knowledge. -, i fI,d o Rev: 1-27-97 Signature: Owner or Authorized Agent EXHIBIT 2001-2703 1 5 19 September, 2000 Dear Ladies and Sirs: Before you look over our application, I would like to tell you a little bit about what we do and ourselves. Our family has been farming and raising cattle in this area now for over a hundred years. The house that my wife and I live in has housed 4 generations of Nelson's. Our roots here are strong and deep not only in the community but in agriculture as well. My father and mother bought the property that they now live on in the late 1950's and began farming and raising cattle on it. Together Dad and I spent many hours building fences, doctoring and branding cattle and so on. In 1975 we added an arena so that we could rope as well. When Dad retired in 1991 I bought the 36 acres that the arena and corrals were on so that I could continue what he started. My wife and I now raise cattle and run the arena twice a week in the summer. Dad although "retired" still raises hay down on the river bottom where his father also farmed. Our way of life here is reminiscent of an era long past. It's simple, yet bought and paid for with years of determination and hard work and old- fashioned values. It's not as picture perfect as I have probably made it sound but it is all that we know and love. The following pages hopefully contain all the information that was requested on the application. Both my wife and myself appreciate your consideration in this matter and hope that you will allow us to continue with our agricultural heritage in our little piece of Weld County. Sincerely, Blake and Tammy Nelson Special Review Questionnaire 1. Explain, in detail, the proposed use of the property. The 36 acres of property has been used as a part of the family cattle operation since approximately 1960. Blake bought the 36 acres from his parents in 1991, after their retirement and has continued to use the property to raise cattle, for dry land pasture and for private team roping. 2. Explain how this proposal is consistent with the intent of the Weld County Comprehensive Plan. The 36 acres of property is primarily vacant ground currently used for agricultural purposes: raising cattle (30 to 60 head), dry land pasture and private team roping. Originally the property was used to farm dry land wheat (before 1975) but now is primarily pasture. 3. Explain how this proposal is consistent with the intent of the Weld County Zoning Ordinance and the zone district in which it is located. Weld County is a traditional agricultural county. It is our intent to continue to use this property for agricultural and open space purposes. 4. What type of uses surround the site? Explain how the proposed use is consistent and compatible with surrounding land uses. The property is bordered by a feedlot, a dairy and a turkey farm all of which are agricultural businesses. It is our intent to continue the tradition of ag-related business in our neighborhood by raising cattle, roping and the pasturing of our cattle. 5. Describe in detail the following: A. How many people will use this site? Numbers vary according to weather conditions. B. How many employees are proposed to be employed at this site? None. It is owner operated. J C. What are the hours of operation? Two evenings per week from May to September. Approx. 5 hours each. b. What type and how many structures will be erected on this site? Zero. No structures are needed. Cattle corrals already exist. E. What type and how many animals, if any will be on site? Primarily cattle (30 to 60 head) and horses (numbers will vary according to the weather conditions). None of the numbers are permanent, they vary weekly. F. What kind (type, size, weight) of vehicles will access this site and how often? Primarily pickup trucks, horse trailers and stock trailers will access the site. Traditionally the trucks are 3/4 to one ton pick ups. Trailers vary in weight. Access is usually limited to twice per week, May thru September. G. Who will provide fire protection to the site? Fire protection is provided by the Mountain View Fire Dept. H. What is the water source on the property? (Existing and proposed) There is no permanent water source on the property. The cattle water from a water line that is on my fathers' adjacent property. Since the property is all dry land there is no proposed or needed water source. I. What is the sewage disposal system on the property? Existing and proposed? Currently we use portable toilets that are pumped as needed by a waste disposal company. There is no permanent sewage disposal system on the property and none proposed as there really is no need for one. J. If storage or warehousing is proposed, what type of items will be stored? Not applicable. 6. Explain the proposed landscaping for the site. The landscaping shall be separately submitted as a landscape plan map as part of the application submittal. There is no proposed landscaping for this property. It has been and will continue to be used as dry land pasture with no need for landscaping. 7. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. There is no proposed reclamation as the majority of the property is in a state of natural use (dry land pasture). 8. Explain how the storm water drainage will be handled on the site. Excess rainfall drains naturally as the ground is vacant and in a state of natural use. No other drainage is needed. 9. Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin. This site was established in 1960. It consists of cattle corrals, fenced pasture, a pipe arena that was added in 1975 and two portable buildings used to store medical supplies, tack etc. It also has one large lean-to. No other construction or landscaping is proposed or needed. 10. Explain where storage and or stockpile of wastes will occur on this site. Corrals are cleaned as needed and the cattle manure is spread over the pastures for fertilizer. No other waste besides the afore mentioned, is accumulated, stockpiled or disposed of on the property. 19 October, 2000 Dear Sheri, Here is the information you requested regarding numbers of horses, cattle, people etc. I hope that it will be adequate. If it isn't please let me know and I will try again! As I mentioned to you on the phone this is pretty overwhelming for me so thank you for your patients! I am still looking into the access information. As soon as I have something in writing I will send it your way. Thanks again for your patients Sheri. Respectfully, ddn Tammy Nelson. 1. Minimum and maximum number of people expected for an event. The minimum is 1 and the max is 75. 2. Maximum number of cattle for an event. 200 although a usual night is approx. 100 head of cattle. 3. Maximum number of horses for an event. 75 head of horses. 4. Hours of operation. Usual hours of operation are from 5pm to 12 midnight (occasionally 2am but that is rare) on Saturday nights. Thursday's from 5pm to 10pm and holiday ropings are from 9am to 9pm. (Holiday ropings are Memorial Day, 4th of July and Labor Day). LOG OF BORING BORING NO. CLIENT: Harold Nelson DRILL RIG: Acker AD-1I 2 PROJECT NO: NELH-IESC-01.709 ROD SIZE: AW PROJECT LOCATION: 11955 W. C. R. 15 METHOD OF DRILLING: 4"s.s. DRILLER: LAM DATE DRILLED: 6/12/00 ENGINEER/GEOLOGIST: LAM ELEVATION: natural grade WEATHER: > co JO J DESCRIPTION De W w REMARKS F- m o Lu F rJ a MM I- O F- CZ > LL o v> CO vi < 20 Da: _ 2.5 101.6 - 12/12 silty sand,firm-loose,dry-damp, -5- \ •. brown - 4.6 103.7 A.17/12 w/fine gravel, moist, light brown- _ -10- `'`. tan - ,AN - _- '\-15- 27/12 2.6 no water encountered _ 20- -25- -30- -35- -40- - PLATE 4 - - I I 1 I I I I I I I (0, Laadhaarh LABORATORIES, LTD. LOG OF BORING BORING NO. CLIENT: Harold Nelson DRILL RIG: Acker AD-II I PROJECT NO: NELH-IE8C-01.709 ROD SIZE: AW PROJECT LOCATION: 11955 W.C. R. 15 METHOD OF DRILLING: 4"s.s. I DRILLER: LAM DATE DRILLED: 6112/00 ENGINEER/GEOLOGIST: LAM ELEVATION: natural grade WEATHER: I J l-- W I LL w DESCRIPTION Et W Z REMARKS W cop F- O ti Q OO a - • \ 1.5 I I . \ .T 19/12 silty sand,firm,dry, brown \.\ ;> - `e, 2.2 104.1 12/12 w/fine gravel,damp, light brown - -10- b• \ • \ - a .. -15- \ T 24/12 1.6 no water encountered - I -20- I 25- I - -30- - I - I _35- _ -40- - PLATE 3 - I _ - ILandmark LABORATORIES, LTD. I WITWER, OLDENBURG, BARRY & BEDINGFIELD, LLP ATTORNEYS AT LAW 822-7TH STREET.SUITE 760 PATRICK M. GROOM ,STOW L LWITWER. GREELEY, CO 80631 TIMOTHY V.CLANCY JR.SAM O DENBURG CHARLES DEN9 A. KAROWSKY JOHN J. BARRY (9701 352.3161 ,y RETIRED JEFFREY T. BEDINGFIELD JACQUELINE JOHNSON FACSIMILE(970)352-3165- .� �,,,.r...�"'• SENDER'S E-MAIL ADDRESS: _-- "` jjohnson@wobb-1lp.com May 22, 2001 MAY 2 3 2001 ,} E�..fl GOUo'tF`l` A-�- .G� Lee Morrison, Assistant County Attorney Arm . P.O. Box 1948 Greeley, CO 80632 Re: Harold Nelson/Blake Nelson Dear Lee: This letter is to follow up on our telephone conversation concerning the terms of the Grant of Ease- ment and Agreement between the Nelsons and the Town of Firestone. Paragraph 3 of the Agreement provides that the easement will terminate if the Grantees acquire fee title to or an access easement across the property described in Exhibit C. That property is currently owned by Thelma Swarts. Harold Nelson owns a strip of land directly west of Ms. Swarts' property and directly east of the parcel owned by James and Dolores French. He does not,however,have any access easement across Ms. Swarts' property. I am including a copy of a map showing the relative locations of the properties in question. Please let me know if you have further questions. Yours very truly, WITWER, OLDENBURG, BARRY & BEDINGFIELD, LLP Jacqueline Johnson Enclosure cc: Harold Nelson Shari Lockman GRANT OF EASEMENT AND AGREEMENT THIS GRANT OF EASEMENT AND AGREEMENT is made and entered into this_day of ,2001, between THE TOWN OF FIRESTONE, a municipal corporation organized and existing under and by virtue of the laws of the State of Colorado (hereinafter "Grantor") and LaVERNA J.NELSON and HAROLD E. NELSON, of 11955 Weld County Road 15, Longmont, Colorado 80504 and LEO BLAKE NELSON of 12071 Weld County Road 15,Longmont,Colorado, 80504 (hereinafter "Grantees"). WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) paid to the Grantor by the Grantees, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby remise, release, sell, convey and quit claim unto the Grantees, their successors and assigns, forever, the following: A non-exclusive, perpetual easement for ingress and egress, with the right to construct, install and thereafter use, repair, maintain, and replace a vehicle access roadway, on, over and across that certain real property owned by Grantor and described and depicted on the survey set forth as Exhibit A, attached hereto and incorporated herein by this reference (hereinafter the "Access Easement"). SUBJECT TO the following terms and conditions: 1. The Access Easement shall benefit and be appurtenant to, and shall be used solely for ingress and egress to, the properties legally described on Exhibit B, attached hereto and incorporated herein by this reference. The Access Easement shall not be used for access to any property other than the properties described on Exhibit B. 2. The Access Easement shall be used solely for the following purposes upon the properties described in Exhibit B: (a) residential uses for not more than one single- family dwelling unit upon the LaVerna and Harold Nelson Property described on Exhibit B; (b)residential uses for not more than one single-family dwelling unit upon the Recorded Exemption Property described on Exhibit B; (c) agricultural uses upon any of the properties described in Exhibit B; and (d) ingress and egress for a commercial roping area located upon the Leo Blake Nelson Property described on Exhibit B;provided,however,that use of the Access Easement for such purpose shall be limited to the roping area operation limes, levels of use, and other requirements of the Weld County special review use for the roping area, as approved by Weld County Resolution No. . The County Resolution of approval, and the special review use plans approved thereunder, are adopted and incorporated herein by reference as if set forth in full,and use of the Access Easement for the roping area shall be in compliance with such Resolution and plans. The Access Easement may not be used for any subsequent or increased use of the Properties described on Exhibit B without the express,prior written consent of Grantor. 3. This Access Easement shall terminate in the event the Grantees, or any relative of or entity controlled by Grantees, acquire fee title to or an access easement over all or any portion of the real property described in Exhibit C, attached hereto and incorporated herein by this reference, and Weld County Road 26. In the event fee title to or an easement in such property is acquired, this Access Easement shall terminate 180 days after such acquisition. Grantees represent that it is their intent to relocate the access for the purposes set forth in paragraph 2 above, from Grantor's property to the property described in Exhibit C in the event of such acquisition. 4. Grantees acknowledge that Grantor is the owner of that property described in Exhibit D, attached hereto and incorporated herein by this reference. Grantee shall have no right to use the property described in Exhibit D for access from Weld County Road 24'(Firestone Boulevard) to any properties described in Exhibit B or for any other property or purpose, other than the non-motorized purposes afforded to the general public by Grantor. Grantees do hereby remise, release, sell, convey and quit claim unto the Grantor any and all interest of Grantees in the property described in Exhibit D, and Grantees shall not at any time in the future have or claim any interest in such property described in Exhibit D. 5. Grantees shall be permitted to retain within the Access Easement, the soft-surface access roadway and to install related surface facilities, such as borrow ditches and/or drainage culverts. No underground facilities other than drainage facilities shall be permitted within the Access Easement. Grantees shall obtain Grantor's written approval of any new facilities and any improvements to the existing facilities within the Access Easement prior to the commencement of such improvements. Grantor may require reasonable modifications to any such proposed improvements. 6. All Grantees or any of them shall at their expense maintain the access roadway and related,permitted facilities installed in the Access Easement in a good state of repair. Grantees shall have the right at their sole expense to plow, maintain, and repair the access roadway and facilities installed within the Access Easement, and to keep such roadway and facilities in passable and proper condition for their intended uses. Grantees shall not plow snow onto any improved portion of Grantor's property and shall store snow only on Grantees' own property. 7. Grantees shall have no right to fence the Access Easement or to erect any barrier, gates, or guards thereon without the prior written consent of the Grantor. 8. Grantee at its sole expense shall restore the surface of any areas within the Access Easement not occupied by the access roadway or related facilities and shall restore 2 any landscaping, structures, or other improvements located on the Access Easement to the conditions that existed immediately prior to the commencement of any of Grantee's activities permitted hereunder. 9. Grantor reserves the right to use and occupy the area of the Access Easement for any purpose which will not unreasonably interfere with or endanger any of Grantees' facilities or uses permitted hereunder. 10. Grantees shall be solely responsible for all damages to persons or property which may in whole or part be caused by the Grantees or their agents or employees, or which may result or arise in whole or part from their activities performed or permitted hereunder. Grantees will indemnify and hold harmless the Grantor, its elected and appointed officials, and its employees, agents and representatives, from any and all liability, damage, loss, cost or expense, including but not limited to attorney's fees,which Grantor, its elected and appointed officials,and its employees, agents and representatives may suffer as a result of any and all claims, demands, actions, costs or judgments made or brought against them by any person or entity, and which arise either in whole or in part out of Grantees' activities performed or permitted hereunder. Grantees shall investigate, handle, respond to and provide defense for and defend against any such liability, claims and demands. By demanding this right of indemnification and defense, Grantor in no way waives or intends to waive the limitations on liability which are provided to Grantor or its employees under the Colorado Governmental Immunity act, C.R.S. §24-10-101 et seq. Grantees' indemnification obligation shall not be construed to extend to any injury, loss, or damage which is caused by the act, omission, or other fault of the Grantor. 11, The property rights granted herein shall be appurtenant to the properties described in Exhibit B and shall not be otherwise transferable by Grantees without the prior written consent of Grantor. 12. The easement granted herein shall be subject to all restrictions, easements, and ownerships of record and/or apparent on the ground. 13. This Agreement and the rights and obligations herein shall inure to the benefit of and be binding upon the parties and their respective representatives, successors and assigns. All of Grantees' obligations hereunder shall apply with respect to the existing roadway access and all future operation, maintenance, repair and replacement of the roadway access and related facilities permitted within the Access Easement. 3 IN WITNESS WHEREOF,the Grantor and Grantees have executed this Grant of Easement and Agreement on the date first above written. GRANTOR: TOWN OF FIRESTONE By: Rick Patterson, Mayor A11'EST: - Cheri Andersen, Town Clerk ACKNOWLEDGMENT STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoing Grant of Easement and Agreement was acknowledged before me this_day of , 2001, by Rick Patterson, as Mayor of the Town of Firestone and Cheri Andersen, as Town Clerk of the Town of Firestone. Witness my hand and official seal. My commission expires on: (SEAL) Notary Public 4 GRANTEES: Harold E. Nelson LaVerna J. Nelson Leo Blake Nelson ACKNOWLEDGMENT STATE OF COLORADO ) )ss COUNTY OF WELD ) The foregoing Grant of Easement and Agreement was acknowledged before me this day of , 2001, by Harold E. Nelson, LaVema J. Nelson and Leo Blake Nelson. Witness my hand and official seal. My commission expires on: (SEAL) Notary Public 5 EASEMENT EXHIO[T 1/4 C0R., N.E. COR., SECTI0N 6 W.C.R. No. 26 _ SECTION 6 ------7----_ 7.-- S89'40'33'W 1365.94' _ T as 100 O N y T.P.0.B. V/ O IN • / /--vi V\_ N89'34'42"W es // $6.19' / / //1 7/ I . A 1/ / // I ACCESS °j EASEMENT 'A' j`' / r N I cn 0 /// / rI 2~ // � / / I / i,; v I N87'47'08'W / I Z. �..�� 324.61' /// / Z LI _ // / T.P.O.B. L2 L 'L4 -- ----- / / I L . / / CU / / 13 / ACCESS / , EASEMENT 'B' / I -N60 43'58"W I 33.00' , / I 54 O I+, /o Q�IR-��Q a Na / I �c O / �� / I // I / LINE I DIRECTION I DISTANCE I L1 SO4'38'39"E 33.24' / L2 SO4'38'39"E 100.00' _ / L3 S87'47'08`E 100.00' L4 N04'38'39"W 100.00' / L5 N87'47'08"W 100.00' / I E. 1/4 CDR„--\\I SECTION 6 C :/ / /// NOTE: THIS EXHIBIT DOES NOT REPRESENT NOR SHOULD / IT BE CONSTRUED AS A LAND SURVEY BY THIS OFFICE. le.§1111ildaDEITOG TITLE: ACCESS EASEMENT EXHIBIT CANCOMEOIMINC9 444. ENGINEERS/ARCHITECTS/PLANNERS/SURVEYORS CLIENT: HAROLD NELSON 3521 West Eisenhower Blvd., Loveland, Colorado 80537 970) 667-6286 Denver (303) 629-7124 Fax (970) 667-6298 S(`AI F. i"=:-inn' I nATP• A. /.7'>; /n1 I Don.I AIC'I u 1 rslrns_gl n_—Al Hello