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Home My WebLink About20011971.tiff RESOLUTION RE: ACTION OF BOARD CONCERNING SUBDIVISION EXEMPTION #876 - ROSS BACHOFER 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 has been presented with Subdivision Exemption #876 for Ross Bachofer, and WHEREAS, a hearing before the Board was held on the 23rd day of July, 2001, at which time the Board deemed it advisable to continue said matter indefinitely to allow the Department of Planning Services additional time to review documentation provided by Ross Bachofer concerning his property. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the abovementioned matter be, and hereby is, continued indefinitely. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of July, A.D., 2001. BOARD OF OUNTY COMMISSIONERS �,'�_` WELD CO NTY, COLORADO ATTEST: gall /t`��►f d' \ "`K`7 ' .Vu. M. J. Geile, Ch it Weld County Clerk to �.:;-•.� •�!��leSZP� Ail/ �• 3 Glenn Vaad, - .= em Deputy Clerk to the :�� EXCUSED DATE OF SIGNING (AYE) Willi . Jerk 2AP�� D RM: -. 7 &\N1 David E. Long ounty Attorney EXCUSED Robert D. Masden 2001-1971 1 /u1 / [/e SE876 r f<i1,/ Phi C DEPARTMENT RVICES SUBDIVISION EXEMPTION COLORADO ADMINISTRATIVE REVIEW PLANNER: Lauren Light HEARING DATE:July 23, 2001 CASE NUMBER: SE-876 APPLICANT: Ross Bachofer ADDRESS: 11566 WCR 18 Fort Lupton, CO 80621 REQUEST: Subdivision Exemption LEGAL DESCRIPTION: E2/NE4/NW4 of Section 25, T2N, R67W of the 6th P.M., Weld County, CO PARCEL NUMBER: 1311 25 000024 PARCEL SIZE: +/- 5 acres ZONE DISTRICT: Agricultural WATER SOURCE: Central Weld County Water District SEWER SOURCE: Septic system The Department of Planning Services'staff has reviewed this request and recommends that this request be denied for the following reasons: 1. It is the opinion of the Department of Planning Services'staff that the applicant has not shown compliance with the following criteria as listed in Section 24-8-170 of the Weld County Code: A. The proposal is consistent with the policies of Chapter 22 of the Weld County Code. Section 22-2-160.A discusses residential development. The intent is to establish residential areas which reflect particular lifestyle choices which include dwelling unit type, density, environmental setting and convenience levels. The applicants parcel is 19 acres in size and planning staff has approved the request for a recorded exemption which would create two parcels of 13 and 6 acres in size. The subdivision exemption would create three parcels which would consist of parcels 5,6 and 8 acres in size. Due to the configuration of the 19 acre parcel planning staff does not support the creation of 3 lots on 19 acres and does not believe the intent of Section 22-2-160.A has been met. Planning staff concluded that efficient and orderly development is not accomplished by approving 3 lots on a 19 acre parcel with limited access possibilities. B. In those instances when used pursuant to Section 24-8-140.8 of the Weld County Code, the • request is the best alternative to dispose of existing improvements in conjunction with the companion Recorded Exemption. There are two homes located on the property one of which is recognized as a non-conforming use. If the non-conforming home is destroyed it could not be rebuilt nor could the home have additions added which exceed 50%value of the replacement cost of the home. Approval of the applicants request fora recorded exemption does not change the current use of either home nor does it change the status of the current non-conforming use. Approval of the subdivision exemption would create an additional parcel and remove the existing non-conforming use. Section 24-7-50.F states "Each lot shall be provided with an adequate access to an existing public street." The access to the applicants parcel is across the neighboring parcel via an 2001-1971 access easement which was established in the 1950s. The addition of each residence creates 10 vehicle trips per day per house. By supporting two lots instead of three the potential for access conflicts should be minimized. Section 24-7-50.J states"A flag lot configuration shall be avoided when possible." Due to the configuration of the applicants parcel a flag lot is utilized. The approval of two lots as opposed to three would avoid two flag pole accesses located adjacent to one another. Planning staff has determined the best alternative to dispose of existing improvements is to support the applicants request for a recorded exemption while recommending denial of the subdivision exemption. The applicant gains an additional building site and the current status of the existing homes would not be affected. Should the Board of County Commissioners approve this request, the Department of Planning Services' staff recommends the following conditions be attached: 1. Prior to recording the plat: A. The plat shall be titled: Subdivision Exemption No. 876 B. The Subdivision Exemption Lot shall use the existing residential access point as no additional accesses shall be granted. A minimum width of 20 feet to accommodate emergency equipment accessing the parcels shall be maintained. The access shall be graded and drained to provide an all-weather access to the parcels. C. The access agreement shall be referenced on the plat by the Weld County Clerk and Recorders reception number 1201014 dated March 14, 1955. D. A 30 foot wide flag pole configuration shall be provided for the SE lot to allow direct access to the existing access easement. E. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. F. The applicant shall provide the Weld County Department of Planning Services with a certificate from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. 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 Code, the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, H, I, M and R in Table 3-A of the 1997 Uniform Building Code,shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-6-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Subdivision Exemption number. 4) Prior to the release of building permits for any structure exceeding 3,600 square feet,the applicant must comply with the requirements of Appendix III-A of the Uniform Fire Code. 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 Section 15-1-10 of the Weld County Code. 6) RE-3023 was approved in conjunction with this Subdivision Exemption for the purpose of dividing off a second set of existing improvements from the parcel. 7) 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;odorfrom animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over 4,000 square miles in size(twice the State of Delaware)with more than 3,700 miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement,ambulance,and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed,will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient 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. Weld County is one of the most productive agricultural counties in the United States. 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 there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. 2. The applicant shall submit a Mylar plat to the Weld County 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 County Commissioners. Kit 4,pf 0;;N.3, DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1555 N. 17th Avenue, Greeley, CO 80631 Phone (970) 353-6100, Ext. 3540 Fax(970) 304-6498 111k. COLORADO July 2, 2001 Ross Bachofer 11566 Weld County Road 18 Fort Lupton, CO 80621 Subject: SE-876 Legal Description: E2NE4NW4 of Section 25, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado Dear Mr. Bachofer: This letter is to inform you that the above referenced Subdivision 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 24-8-170. This application is scheduled before the Board of County Commissioners on July 23, 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 or telephone number. Sincerely, U auren Light Current Planner a (it ;ja. ' DEPARTMENT OF PLANNING SERVICES PHONE (970)353-6100,EXT.3540 O FAX(970)304-6498 WELD COUNTY ADMINISTRATIVE OFFICES • 1555 N. 17TH AVENUE COLORADO GREELEY,COLORADO 80631 May 11, 2001 Ross Bachofer 11566 Weld County Road 18 Fort Lupton, CO 80621 Subject: Recorded Exemption (RE-304) The Department of Planning Services' has reviewed your application and related materials for compliancy with the County Ordinances. We find that your proposed Recorded Exemption meets the intent of the Ordinances and it has been conditionally approved by staff. We have enclosed our comments for your case. If applicable, please address all issues identified in the staff comments, and submit any required materials to this office for review, as requested. Prior to submitting the mylar, please submit a paper copy of your plat for review by the Department of Planning Services'staff. After review and approval,please submit a mylar plat of your Recorded Exemption to the Weld County 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. There is a ten (10)dollar recording fee per mylar sheet that you will be responsible for paying to record the plat. If you need any further information,please feel free to contact me at the above address or telephone number Sincerely, Lauren Light (.1 Planner Ia r vks DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue, Greeley, Colorado 80631 Phone: (970) 353-6100, Ext. 3540 Fax (970) 304-6498 SUBDIVISION EXEMPTION APPLICATION FOR PLANNING DEPARTMENT USE ONLY: Application Fee Receipt Number Case Number SE-- ---N3 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): TYPE OF EXEMPTION REQUESTED (check one) Property line adjustment / Used with Recorded Exemption Financing purposes Public utility facility I (we), the undersigned hereby request that the following described property be exempted from the definition of the terms "subdivision"or"subdivided land" in accordance with Section 24-8-10.A. of the Weld County Code by the Weld County Board of County Commissioners. / Legal description:-' -I /vr� 1 ,/i 1 Sfiction 2-t; T N, R 7 -:7 W of the 6th P.M., Weld County, Colorado. Parcel number: It,) /1 / , c: (" 1 / l/ Total Acreage ' Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No K FEE OWNERS OF PROPERTY: Name. A f, l'1..x, F ` Address: 1) 1{2 d?:' P F¢, i ii IC / : . I ,� 1 Phone ,' / / Name: Address: Phone I hereby depose and state under the penalties of perjury that all statements, proposals, and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. i (.pi Sig ure: Owner or thorized Agent Rev:01/03/01 8 f1 ,.._ C , , o . i L1} j pi .. . . [ .. ... . ice..:.� . • -+ — i 4 ,j /, I 1. ! C .` 1/ ;u �t` / J U4 , I ' r J 1 6. ; % ; �,o .X L U ; I ( (V) k \r.....; ,) 1 I I •• ' , % .1.4 1 -1. 'I..:.T' 7 4 HW C3 le I r-y • D C.)_(:) ,6.•;;;'...4 ,,,,. 1 CD a-d 9 +— Cl % 4- v. L - -- • > a, a �� 0 a V . l,j; J W Az J lJ ,•1 V ' 1 C ' t u") J J ) u 4 X u • I. .....—.. < -. . i 0 U....i LI-I ii.\\l 0d t.1 d •` A. „ __ ,_............ .....• ‘.3 • .. r.,. i . rirr, 7 ... . . ,,, ,..., . ... ••. ,� 1n% .", ••!.......k. . , • tv � ,. i u sit.: , ��., —47.- -t___.-1ca. ( i ' ._1 • • ,,, A, If 6 ' • +' r n' • t..�_ 1 I AIL..61 .:_v i yWlyq� s FT_ . .. ...-- ,!..--- =—.4 .. i s.,..,._1;1 ' (.1 :j3.. —A—•- i ck — !''<--•••• y i ') E- l • 1 • 1 !^ LA ay'�1 -- 6 11 JJJGGG �`'rk �t; y �• u. U (—)• 1 c) tI Ce M f•, � , ti I V A a • l r` .J h„ad File# RE: Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: �4 e L' (. 1111 H Street,P.O.Box 758, Greeley,CO 80632 Phone: (970)356-4000,Ext. 3750 50 Fax: 970)5 304 Ti497 I I. Applicant Name ' c,"" �`l i t t. J i Pfd Phon ", 7 1, PP lbf1 r Q , - J Addressj/5_6124„, I! /r City fte iVil ro 11 State Zip$ O ( 2_. 2. Address or location of access ii `" a l? V c 62f rye; �—ci 17 lvv 1.l ( tT) F(;'61? Section 'L 5 Township Range tr7 7A Subdivision Block Lot Weld County Road # I e3 Side of Road 9 c/t b1Distance from nearest intersection f o -e 3. Is there an existing access to the property? Yes /L No #of accesses 4. Proposed Use: ❑ Permanent )1 Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential Drivcw.y Wc_IA C.,,,..1 K. t 1' c .is O&G= Oil&Gas D.R. = Ditch Road ,�cC i t Q u J *********************************************************************************************************** OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions *********************************************************************************************************** ❑ Installation authorized ❑ Iufomation Insufficient Reviewed By: Title: 8 s i4rs'�' BOON1414 PAGE1G.y " AR y 19SS °e 1° of:.�tJ"_,5. oaceson 1201014 Am,spom°. Records CONTRACT AND GRANT OF EASEMENT THIS CONTRACT, made this zy--day of Vinagrr 195X, between the NORTHERN COLORADO WATER CONSERVANCY DISTRICT, a quasi-municipal corporation, organized under the laws of the State of Colorado, with its principal place of busi- ness at I,oveland, Colorado, hereinafter referred to as the Grantee, and .i LEE T. MURATA hereinafter collectively referred to as Grantor: WITNESSETH: THE FOLLOWING GRANT and the following mutual covenants by and between the parties: 1. For the consideration hereinafter expressed Grantor does hereby grant unto the Grantee, its successors and assigns, a perpetual easement and right-of-way to aeaeomtraet-khe-sew_ewtetaag aeregattt%-eaxaa-eea-4e construct, operate and maintain the South Platte Supply Canal, including the right to borrow from or fill, on, over and across the following described parcels of land, to wit: (oti;1 Section lMe Trot Land 2 North, - .__. _ _— A tract of,leed.herein designated Tract "A," located in 25Lot 1, Lu on:Meadows Land-Company Subdivision of the Northeast quarter Range 67 West of the Sixth Principal Meridian, in:.Weld`County, Colorado, being more particularly described t i t as follower `? beginning at point 1, being a point in the west line Hof said) c°f Lot 1, and also being station 1740+94.9 in the centerline of the:proposed }+ t .South Platte Su d p a e Supply whence the distant;s quarter corner wi of said m � Section 2$ tears DUE NORTH 76.6 feet thence with said west ' S a line, DUE NORTH 50.0 feet to point 2; thence leaving said west-line, N m North 89°40' East 165.0 feet to point 3; thence North 40°40' East 35.7 a a feet to point 4, being a point in the north line of said Lot 1; thence a with said north line, North 89°34' East 66.4 feet to point 5, being aw station 1743+85.1 in the centerline of the proposed South Platte Supply Canal; thence Continuing North 89°34' East 79.6 feet to point 6; v ., thence leaving the north'line,of said Lot 1, South 40°40' West 234.8. W feet to point 7; thence South 89°4O' West 181.3 feet to point 8, being a k a point in the.west line of said Lot 1; thence with said west line, a DUE. NORTH 100.0 feet to point 1, the point of beginning, and.containing 0.94 of an acre, more or less, Also, a temporary easement and right-of-way to a borrow and disposal area, including the right to borrow and waste; to construct, operate, and maintain such construction facilities as may be incidental thereto, including the right of ingress and egress, on, over, or across IJ two tracts of lend herein designated Tracts "B," and SC," Iodated in. Lot-1, Lupton Meadows,Land Company Subdivision of the Northeast quarter ' (NWW) Section 25, Township 2 North, Range 67 West of the Sixth Princ4.pa1 ' 'Meiidian, in Weld County, Colorado. said temporary easement to expire I on January lg'-L964, the lard helm in:its then condition at which time the full use,`interest, one"rights fisFein oonvaye°tY' a7.1 cases, end, —' and terminate, said tracts'-being-'more<particularly described as follows: TRACT "B"--beginning at point 1, being the North quarter corner of said Section 25; thence with the north line of said Lot 1, North 89°34' East 188.3 feet to point 2, being also point 4 of the hereinbefore described Tract "A"; thence with two courses in the northerly boundary of said Tract"A," South 40°40' West 35.7 feet to point 3. being also point 3 of said Tract"A"; South 89'40' West 165.0 feet to point 4, being also point 2 of. said Tract "A"; thence in NORTH 26..6 feet'to point 1, the point of beginning,'and containing 0.11 of an acre, more or leas,. ALSO TRACT "C"—beginning at point 1, being a point in the S west line of said Lot 1, and also being point 8 Of the hereinbefore a { described Tract "A,"whence the North quarter corner of said Section v n 25 bears DUE NORTH 176.6 feet distant;.thence with two courses in the ., southeasterly boundary of the hereinbefore described Tract "A," North m " 89°40' East 181.3 feet to point 2, being also point 7 of said Tract "A"; E rz North 40°40' East 234.8 feet to point 3, being also point 6 of said S. 'Tract "A"; thence South 49°20' East 140.0 feet to point 4; thence South . e a 40°40' West 245.6 feet to point 5; thence South 89°40' West 280.4 feet y .to point 6, being a point in the west line of said Lot 1; thence with said west line, DUE NORTH.100.0 feet to point 1, the point of beginning, a and containing 1.30 acres, more or less, '. b . c+ said Tracts "B," and "C," Containing a total of 1.41 acres, Ym . more or lase..- is shown on the drawing attached hereto sad made a part hereof.. DOCK1414 PAGE1(0 2. The grant of easement herein contained shall include the right to enter upon said premises to survey, construct, operate and maintain the South Platte Supply Canal, including the necessary conduits, channels, drain- age ditches, measuring weirs and other works as may be necessary or beneficial in the construction, operation and maintenance of the canal, including the right to remove objects interfering therewith. Said canal and every part thereof, shall, where it crosses the Grantor's property be confined to the lands and right-of-way described above. In case of permanent abandonment of said right-of-way the title and interest herein granted shall end, cease and determine. 3. The Grantor reserves the right to use and occupy said premises for any purpose consistent with the rights and privileges herein granted and which will not interfere with or endanger any of the workings of the canal during its construction or operation. BOOR 1414 PAGE 171 5. As complete consideration for the above grant of easement, the NORTHERN COLORADO WATER CONSERVANCY DISTRICT agrees to pay the Grantor the sum of ONE HUNDRED SIXTY-NINE DOLLARS AND NO/00 Dollars,($ 169.00 ), which consideration is full compensation for all damages which would be considered and assessed in any award or verdict in a proceeding to con- demn said easement. 6. This contract is made subject to (a) any coal or mineral rights reserved to or outstanding in third parties at the date of this contract, and (b) any existing rights-of-way in favor of the public or third parties for �� roads, railroads, telephone lines, transmission lines, ditches, conduits or pipe lines on, over or across said land, including all rights-of-way heretofore granted the United States. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. NORTHERN COLORADO WATER CONSERVANCY DISTRICT Tla-21 ' r/- Gran or or Lee T. Murata m WA1 Rt. 1, Ft. Lupton, Colorado dP. 0. Address Grantor Pi p° CERTIFICATE OF ACKNOWLEDGEMENT STATE OF COLORADO ) COUNTY OF LARIMEE ) On this ? day(of) ,195X, before me personally appeared T. nusaTA known to me to be the person described in and who executed the foregoing instrument °aad:,a4}prowledged to me that he executed the same. C„to 1471/4 "•:, .p Gllthess my hand and seal the day and year last above written. ,may h couvn] 4 ,.expires , • c _ tary Pub �Cd ,�.. , Rol #i ic ('•.,9. mnau expires July 13, 1958 ^.. pc��t1/4 . N. 3 3i ti k T e B se R.6739 4 1.214. co 241.9 x0 n F0:7144426:4 3 N i9 'p ♦ •O IS ze s g.M)! es x FIRESTONE I tf JL O Land cued aT MURATA 0, 1�1T-. T2N E,�l ]] 36 3 ° 3234J3S• �� -� zr-Ef F � �. a• CI PLArTE A ] 1 IIYI E it 9 1° GAN6L ix 7 e lO m z 0 RI is l . m C. _ - W x. 'r e3 za ]. 22 I6 � .9 20 ® 22 v ze 19 • '�ii ,V E.m. eN m e.- •rnoue Rte. _ `•' ACT 'B m l .C fa POT i746sz9 Pita 7 ',-Cone.LleeoA 1796.219OFAR _ KEY MAP 0-,,,. %Ca RGBld-r"- . e".E SOUTH PLATTE SUPPLY CANAL ___E,. _ .—_—.—. Lateral �3JE _ gyp.. ;i - e' n e L r OT ! E A SEMENT is ca F T R ACT "A" - 0.99 ' Acre _,_ 7 II ° TRACT 0A" TEMPORARY EASEMENT U COURSE BEARING LENGTH TRACT "R" = 0.1 / Acre ' I - 2 NORTH 50.0 T RACT "C" = I.30 Acres • 2 - 3 4 8 9. 90' E 165.0 -1-i 3 - 4 1 N 90. 40' E 33.7 - (' 4 - 5 N 89. 39' E 664, 5 - 6 N 89• 34' E T9.61 LEE T MURATA 6 - 7 5 90. 90' W I 234.81 Part of Lot 1,Lepton Mead LOnd Co.Subdivision T - B 5 59. 40' W 181.31 of Me N£i Sec,25 T2 M.R.6TW 614.PM °r 6°O 9 - I ' NORTH 100.0I weld County, Colorado - • e of Feet - • CT 'C' I TRACT 'B6 - EARING ILENGT • 97_40'E - 181.3 i COURSE BEARING LENGTH O 40 2 - 239.91 UNITED srAres I - 2 4 89. 39 E 78 8.3_ OEFARru EN T OF M£INTERIOR 9 20 E 1140 0 . SURETY OF RECLAMATION 2 - 3 5 40. 40 W 35_7 0• 40 W 295.6 3•- 4 5 69.40 W 163.0� LOLORA00-BIG DpMP50N PROJECT COLORADO 9• as w seo.+ 14 - I , NORTH 266j RIGHTS OF WAY ORiN I00 SOUTH PLATTE SUPPLY CANAL • ORMAN R 0 S. SUBMITTED__.0..5_91edbLm- . TRACED O,£.G�_____RECOMMENDED _ J) �Uf CHBOEE'ETE -.4PPIOFED oENVER,c0LQRADO.In-4-54 1 295 � i[" � 70464 I1 RECORDED EXEMPTION QUESTIONNAIRE 1 (a) Water: Letter from CWCWD, see attached. (b) Irrigation: No irrigation water has been removed. 2 Disposal of sewage: Copies of letters from Weld County Dept. of Public Health with permit #s. 3 Propert3rs present usage: Agricultural with oil production and residences. Also 3'acres non-conforming zoning junk yard. 4 Reason for proposed exemption: To allow me to build a house on the hill, an ideal spot, and existing residences on individual deeds for inheritance purposes to my sons. 5 Location: E} of the NE$ of the NWf of Sec25T-2 R-67 No. of the 6th PM Exc. the No. 209' of the E. 209' of said E}/NEi/NWU/S.25/T2/R67 West of the 6th PM. 6 None 7 All existing and proposed structures will and do meet minimum setback and offset requirements in accordance to zoning regulations. 8 I am not willing to place a conservation easement on the property. 9 A building envelope will be designed and maintained as per the attached map of proposed recorded exemption. 10 Not applicable. 11 The proposed use of the recorded exemption is consistent with the surrounding useof land. Mainly being rural residential, with grazing capacity. 12 The proposed recorded exemption is consistent with the intent of the Weld County Zoning Ordinance, and the Weld County Comprehensive Plan. 13 The proposed recorded exemption is consistent with the efficient an orderly development as defined by the Weld County Subdivision Ordinance, Section 1.3. The current parcel is not large enough to support equitable farming. Dividing the parcel will put the existing homes on seperate deeded acreages and provide desirable buliding locations. This will enhance the rural atmosphere and continue thencoyntry setting. II« fi 7't,k Vpe 666666 x, yy r S ¢Y YY r I ' ( �:. a.4.4",i, j \ 1^`�t 711a ! t•4 , p.r:;a a i' 01ku 4d. !i- r"M•`.''' ... r.:=...M �spy�' r4vf¢ :' wr3 TT %f % ° V: • " d . r o x 'Y 4 t ry x a 3 "4",:,& ,& `�t' '. v i; •rr - 6,. is ,RCP' '•. $b y ;'� +� } 1� a e h ' i ! „ ~n ,4, S 14-4". '.v ^ d + r+:r ; k..4.1-1,-"," -. (�. C * r$ d q: l fd y'744s. Z.+. /^ 1 7' li S- t y. r k .,$ , . k,✓ %E r � n ��Cxx; 1F}'• at »- ',',4, ,�9'C x 9 § h f *.r 'b::Jit 'A z ."Y, a.W k. :163‘4.4.* F 1• Y' �1. .. ,,- ;t7,4,- , '* k " h''' N.T f" f > �K, zw rah .� . fk4x kt ' ''''';---,-A•'..;,,: > - n': "^rl d Y'r�= x, Ai 1,;,/ . ' ' ..4 4 It, 1T f}7 ,tr rn i e • ' ° x Y _"C ,d a x i .•--4'.*: i , i' .'' 44F' mfr'# �x4,Mn `1,* A tl 4' ".;4 ,x L'r�4 .� X_ ^S;' +" a df 'tiq. s + kr c v rfs 'kvy r 1'�x .e r 9 , • _I 1•j « a � • $xF n� e( '' x » n - y),r aA .r s 9 mr.X"4€ . q s `5 ip R r Sr �4' k 'j 4tta ; Wti: At- "-IT-4•:;' -21' ,.:.,,.,, -„,-, ii‘ '••H. I „-,• ...,,a`g i f r r I §t �,r 4S r r{y� <� \ yyY �4 y fYb ^ .14. #° R} I y u t.'- yc, r' Jt' ..:1c.,lx,� f� vki �,��.C of � , 'vk .4L n4 'b}, _�1�I S 1 I r_) rTi - -- ‘I us\i") Salinas .131 Acres ) Dykes �'i 51 AcresIhe Colorado onstructors Inc. WCR 18 _ 96 Acres Wells14 Acres Swingle 1 ALot Agachofe� 9 Cres RE-2700lir:II si�2rz000 Parcel � B ' Sandstead Lot ' -,. Stamm 57 Acres 46 Acres RE-2703 Patterson 42 Acres Cowin Johnson [ Vincent 29 Acres 46 Acres 85 Acres / 1 � I _ / Bachofer Exemption • WCR 18 Par<:el i Proposed 8 acre not ind ed RE lot i I! Non-conforming Houses Drivewa Y Junk and 3.8 acres `\ Proposed 5 acr i SE lot • Proposed 6 acre RE lot • Parcels ,1 Irrigate. shp w ; (- E 200 0 zoo 400 Feet /� Road Extents REFERRAL LIST NAME: Ross Bachofer CASE NUMBER: SE-876 REFERRALS SENT: February 26, 2001 REFERRALS TO BE RECEIVED BY: March 26,2001 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 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 West of I-25 (Loveland) Lochbuie East of I-25 (Greeley) Longmont Division of Minerals/Geology Mead FIRE DISTRICTS Milliken Ault F-1 New Raymer Berthoud F-2 Northglenn Briggsdale F-24 Nunn Brighton F-3 Pierce Eaton F-4 Platteville Fort Lupton F-5 Severance Galeton F-6 Thornton Hudson F-7 Windsor Johnstown F-8 La Salle F-9 Mountain View F-10 COUNTIES Milliken F-11 Adams 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 School District Greeley Ditch Company Longmont West Adams COMMISSION/BOARD MEMBER ill MEMORANDUM 11 TO: Lauren Light, Planner DATE: March 6, 2001 C P1-. FROM: Donald Carroll, Engineering Administrator ' COLORADO SUBJECT: SE-876,RE-3023 Ross Bachofer The Weld County Public Works Department has concerns with the access off WCR 18. The access appears to be on the adjacent property. This access point accommodates 4 parcels. Should the Board of County Commissioners approve this request, staff recommends the following conditions as a part of approval: That the main access point be of record designated on the plat, or deed,or appropriate document. A minimum width of twenty feet to accommodate emergency equipment accessing the parcels. The easement shall be a graded and drained road to provide all-weather access to the parcels. Weld County Planning Dept. pc: SE-876 file r< %? NW RE-3023 file @ �^ planl7se.wpd R E E F�7 C ret„..) Weld County Referral February 26, 2001 COLORADO The Weld County Department of Planning Services has received the following item for review: . Applicant Ross Bachofer Case Number SE-876 Please Reply By March 26, 2001 Planner Lauren Light Project Subdivision Exemption in conjunction with RE-3023. Legal E2 NE4 NW4 of Section 25, Township 2 North, Range 67 West of the 6th P.M., d Weld County, Colorado. Location South of and adjacent to WCR 18, approximately 1/2 mile west of WCR 25. Parcel Number 1311 25 000024 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: iPf L cj1J n -fit t ccL I i YY Q Ithct r` in bt ( u J 4 . A O0 L1- 11 V30L.J tsuni ‘Ccian Oudn utAkci • :::e Date S/f\ LiD( 1C3nL •:•Weld County Planning Dept. •>1555 N. 17th Ave.Greeley,CO.80631 :•(970)353-6100 ext.3540 •:•(970)304-6498 fax RECEzvLD a FEB "[ rt 2001 ERVIRiladl tllRl WI SERVICES Weld County Referral Wink February 26, 2001 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Ross Bachofer Case Number SE-876 Please Reply By March 26, 2001 Planner Lauren Light Project Subdivision Exemption in conjunction with RE-3023. Legal E2 NE4 NW4 of Section 25, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado. Location South of and adjacent to WCR 18, approximately 1/2 mile west of WCR 25. Parcel Number 1311 25 000024 • 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 l _ Date / 2, �1 7C jL.) y Agency W C`NPH-Es- +Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO. 80631 +(970)353-6100 ext.3540 t(970)304-6498 fax Weld County Planning Cept. itot(is MAR 05 2001 RECEIVED Weld County Referral WI I DC. February 26, 2001 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Ross Bachofer Case Number SE-876 Please Reply By March 26, 2001 Planner Lauren Light Project Subdivision Exemption in conjunction with RE-3023. Legal E2 NE4 NW4 of Section 25, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado. Location South of and adjacent to WCR 18, approximately 1/2 mile west of WCR 25. Parcel Number 1311 25 000024 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: Signature r-ii �� Date ////,'c / Joo/ Agency FY-. 1cJ"7Srt /7,('x= /r c•Weid County Planning Dept. 4.1555 N. 17th Ave. Greeley, CO.80631 $x(970)353-6100 ext.3540 +°(970)304-6498 fax Recorded Exemption 3023 for Ross Bachofer was approved by Staff May 11, 2001. The following documentation is included for informational purposes. t4" I DEPARTMENT OF PLANNING SERVICES WD C ADMIN REC0RED EXEMPTION SDTRATIVE REVIEW COLORADO Applicant: Ross Bachofer RE-3023 Planner: LL Legal Description: E2NE4NW4 of Section 25, T2N, R67W of the 6TH P.M., Weld County, CO Parcel ID#: 1311 25 000024 Lot C Size: n/a Lot B Size: 13 +/- acres Lot A Size: 6 +/- acres Water Source: Central Weld County Water District Sewer System: Septic Criteria Checklist Yes No X 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-80 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40.B.1 through 24-8-40.6.6 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 1311-25-2 RE-3023 B. Lots A and B shall use the existing access point as no additional accesses shall be granted. A minimum width of 20 feet to accommodate emergency equipment accessing the parcels shall be maintained. The easement shall be graded and drained to provide an all-weather access to the parcels. C. The access agreement shall be referenced on the plat by the Weld County Clerk and Recorders reception number of 1201014. D. A 30 foot wide flag pole configuration shall be provided for Lot A to allow direct access to the existing access easement. E. All approved accesses shall be clearly shown on the plat.The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe(CMP)is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. F. The applicant shall provide written documentation to the Department of Planning Services withdrawing Subdivision Exemption SE-876. G. The applicant shall submit in writing to the Weld County Department of Planning Services a statement that identifies which house shall be considered a non-conforming structure. Planning staff suggests the house with the lesser value be considered non-conforming. A NCU file will be established for the non-conforming structure upon receipt of the letter from the applicant. Section 23-7-40 of the Weld County Code addresses non-conforming structures. H. The applicant shall submit in writing to the Weld County Department of Planning Services justification that NCU-71,non-conforming junkyard,is currently being utilized otherwise NCU-71 will be considered abandoned and the use will not be allowed. The applicant shall submit in writing to the Weld County Department of Planning Services a request to vacate RE-1113. J. The applicant shall provide the Weld County Department of Planning Services with a certificate from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. K. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. ' No building or structure as defined and limited to those occupancies listed as Groups A, B, E, H, I, M and R in Table 3-A of the 1997 Uniform Building Code,shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-6-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 4) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot A has an adequate water supply of sufficient quality, quantity and dependability. 5) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services from the nearest Town/City or Sanitation District verifying the location of the nearest sewer line. In accordance with the Weld County Code, if a sewer line exists within 400 feet of the property and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Health and Environment. 6) Prior to the release of building permits for any structure exceeding 3,600 square feet,the applicant must comply with the requirements of Appendix III-A of the Uniform Fire Code. 7) 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 Section 15-1-10 of the Weld County Code. 8) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural counties in the United States, ranking fifth in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens,field work, harvest, and gravel roads;odor from animal confinement,silage,and manure;smoke from ditch burning;flies and mosquitoes;and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 3,700 miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient 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. 3. The applicant shall submit a Mylar plat and a paper copy of the Mylar plat to the Weld County 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 Department of Planning Services. The applicant shall be responsible for paying the recording fee. 4. The Weld County Department of Planning Staff's approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. c.) By r eJ\tOO1 ur-C Date May 11, 2001 Lauren Light + Planner Recorded Exemption 1113 for the Bachofer property was approved by Staff June 05, 1990. The plat has never been recorded. Court case 87-CV-853 involved the non-conforming junk yard and RE-1113 corresponded with the findings of the Court. The following documentation is included for informational purposes. r Zft3 l[9 �. SEPq 4i a44,4FiMui' x 4 i* 'X`4 .y x1Syy,+' DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO 271989TM , ,,T� �4 , tov . $ uv Ayy Case No. 87C7953 Division 1 !. Pt w i P r .41 SUPPLEMENTARY FINDINGS OF FACT AND ORDER • ~s"F f' y ,�. . �«r' hot e ✓ H K ,.. ; ED VIGIL, Hy.`;?4,4%:.,":114i6, ..u e` - '" 4 • w7 ,; < • Plaintiff , '� , vs. a : t w{PAMELA SACHOFER, x�r Defendant. y 4 u THE PARTIES , and their attorneys , appearing on June 9, 1989, "' and the Court having heard a summary of the position of each t " . party and offer of proof regarding testimony, makes the following , findings of fact and order: 1 . That the motion of Defendant for final judgment is',1-1,--,p ' ' denied. 2 . That the response to Defendant ' s motion for final w judgment by the Plaintiff is approved to the extent that the original Order of April 13, 1908, is supplemented as follows, • i '-.444"/3/4 r., , rr a. That it appears that an implied way of necessity based on an implied easement to utilize existing 4:74, :i4, road from Highway 18 to the property being purchased by the Plaintiff exists and it was not ',, ; necessary that the Plaintiff had sought this , easement in his original Complaint. b. The elements required for an easement by way of necessity are: original ownership of the tract by the Defendant, necessity existing at the time of fi conveyance, and great necessity for the particular right of way requested of the Court. All these r elements were admitted to be true by the Defendant 1.;4.1- ::: and based upon these requirements being met, the Court Orders that the Defendant shall allow the Plaintiff to utilize the existing road as an easement to cross the property retained by the Defendant to reach the property in question for purposes of ingress or egress. Further, a certified copy this shall be evidence to Weld County Planning Commission • that the access requirement as to Defendant Pamela ,, Hachofer is not affected by her original letter to the Department of Planning Services , which stated that she would not sell a right-of-way across her property to the Plaintiff. : :44 . --1' d ,� 4 4'. ' "", q . ,:. The Court rill not entertain the Notion for Joinder , �4 rs ' " F ,„, ` liledbey , the Plaintiff and directs that if the Plaintifl ,; desires " q 7+; ,,.4f-., to bring any third-patty into Court regarding access, it must be x ": /s` „4r",P:a+x „ .;.by separate litigation. .`r4;.4‘;-;:',.1) )'-d`-':,:),„‘d f Z T. ?" Approved as to form: 7 � 4 v &t4 7' r William Wallace Iti Yb �#µA torney ! r Defendant w Lb`iyvt a `nr�p. ',,s'es .' r 6u A T p-' (,,*s 4 ,e'J $ri`4 i,I ,,,R cha d B Bauer a 7' w -` Attorney for Plaintiff e• r ,, 4 '4' Z i .s.4.4.,,m, f Dated: 04 - . . 1989 Y I of t •4" 4"'''',: � Nunc pro tune June 9 , 1989 ' � BY TH CURT t j4,',/:` ` 11,d6wn (,:, ,it „in_ r!!...,.:. , Rob rt A. nehrmen CHIEF DISTRICT JUDGE i � x , 'fir Y`{w9A n.Er Ir,,i \y T,r � '1'''''' 1{M d""._ �a kR 4,.41J•l, 3:y Ale e 4 ' I A,. • i,. ' 4 tL iy- ` DISTRICT COURT, WELD COUNTY, COLORADO JAN 28 199 Case No. 87 CV 953 Division I i * ' DONNA JL PUVa£ Cies } 4 ORDER ED VIGIL, Plaintiff, vs. PAMELA BACHOFER, Defendant. 4.i / This matter is pending on defendant's Notice of Default and Request for Order, the Objection to Request for Order filed by plaintiff, and Defendant's Reply to Plaintiff's Objection to Request for Order, and the court having reviewed the file and being sufficiently advised in the premises, it appears to the court that on September 26, 1990, the court entered an order s , providing as follows: 1. The plaintiff shall have until December 15, 1990, to fulfill the terms of the stipulation entered 11 into by the parties and made an order of this court on n May 30 . 1990. 2. Should the plaintiff fail by December 15, 1990, to satisfy the provisions of the stipulation, then the stipulation will no longer be in effect and any right the plaintiff had to purchase the property in question will be terminated. • 3. In the event the plaintiff defaults on the stipulation, the parties may pursue any residual rights they may have against each other, not to include a right by the plaintiff to purchase the defendant's property. And it further appears to the court from the documents on file that the plaintiff did in fact fail by December 15, 1990, to satisfy the provisions on the stipulation, And it further appearing that many extensions have been granted the plaintiff without result, and it is therefore : ..�i. ..emu ✓f �.,t �.."v Y._ 1. :1 .- L _ ...iN rT-,/ '� `' 1. The stipulation entered into by thean order of this court on May 30, 1990, is o longer ineffectIrg 5 any right the plaintiff has pursuant to that stipulation to purchase the property in question is now terminated. 2• The parties may pursue any residual rights they may have against each other, not to include a right by the plaintiff to purchase the defendant's property. Dated January 28, 1991. - BY THE 4,. 5 ! Di rict Judge ,r Y`7 V 4iy a 4 ,.y;., DISTRICT COURT, WELD COUNTY, COLORADO ,C , , ��Case No. 87 CV 953 ,' Division I x -. lir 2 *1, " ORDER+.. r v, , a ED VIGIL, Plaintiff, vs. b PAMELA BACHOFER, t Defendant. ° ` This matter coming on for a hearing on defendant's Motion for Final Judgment Based on the Default of the Plaintiff, with j the plaintiff Mr. Ed Vigil appearing in person and by R. Russell Anson, Esq. , and the defendant, Ms. Pamela Bachofer appearing in person and by T. William Wallace, Esq. , and the court having heard argument and having reviewed the file and being sufficiently advised in the premises, it is accordingly ORDERED by the court as follows: 1. The plaintiff shall have until December 15, 1990, to '' fulfill the terms of the stipulation entered into by the parties j, 1 and made an order of this court on May 30, 1990. 2. Should the plaintiff fail by December 15, 1990, to ;,' ,' satisfy the provisions of the stipulation, then the stipulation 4 will no longer be in effect and any right the plaintiff had to fPr!t " K' purchase the property in question will be terminated. :'' 3. In the event the plaintiff defaults on the stipulation, the parties may pursue any residual rights they may have against each other, not to include aght by the plaintiff to purchase the defendant's property. Dated September 26, 1990. / BY TH^ C T L pis 1 Jud '14;„, ‘,/ , r , i P .�y ! DISTRICT COURT CASE NO. 87 CV 953aa 4COUNTY OF WELD. ORDER OF COURT 7.` STATE OF COLORADO DATE March 13. 1992 4 r{ �4ii` � �ED VIGIL ROBERT A. BENRMAN s 134�f"d k .`s JUDGE ry , ' Plaintiff, !A n.} ELIZABETH MELDANL 64a.. 5. Vs. REPORTER ? , .~ tPAMELA BACHOFER, SHIRLEY STOW ;y. - CLERK ,.�,vt1,4 Defendant. 4; „� J. ,1;1 k t 4ll ' Plaintiff appears inperson and by R. Russell Anson Es PP , q.; defendant appeara '6y 1'. William Wallace, Esq., for hearing on defendant's motion for sanctions for failure to , restore condition of the property. " Statements by counsel. �y '4 . Defendant's motion for sanctions for failure to restore condition of the property is : denied.wr, „ .5 This case is now terminated and no further post trial matters shall be taken in this case. ,1s{ -4 4;4 ' rr,, x iy ', BFI n x,10 y`Y 4 c {{ y ✓7. ' l a *if,.,'x ! t f Yt� [ { - Q� +A j KK i 'h'.^'. a i.x n.t ! k . Vii , DISTRICT COURT, coUNTY or MELD, STATE of COLORADO JUL 2 1991 Case No. s7CV957, Division i DONNq J, pp4tu W . Clerk `, 'k- SUPPLEMENTAL ORDER ] l ED VIGIL, �l S w -�f Plaint(!!, PAZ pry'; PAMELA DAMPER, Defendant. THIS COURT, after hearing on June 26, 1991, having reviewed the evidence presented by both parties, and having heard the statements and arguments of counsel on the motions by each party for post judgment damages, hereby finds and orders as follows: 1. Beth parties share the fault of the delays caused in this case with the final result being that the plaintiff was unable to purchase the salvage yard of the Defendant he had contracted for. 2. Nevertheless, the parties are each entitled to judgment s' on one issue. The Plaintiff is awarded judgment in the amount of $7400.00 against the Defendant, representing the return of his down payment on the subject property. The Defendant is awarded judgment against the Plaintiff for the fair rental value of the subject property through the entire course of these proceedings in the amount of 97,250.00 (9175.00 per month X 44 months) together with 9150.00 for the use of the property for the next 30 days. Neither party is awarded interest. A previous judgment of this Court AN ' awarded the Plaintiff judgment for costs of *55.00 against the Defendant. The net effect of today+s judgment is to satisfy that obligation of the Defendant and the net result is neither party owes any balance to the other. n5. , 2. The Plaintiff, Ed Vigil, is ordered to vacate the subject 3 acre salvage yard and remove all of the personal property stored or placed there, restoring the property to its condition before he occupied it, Within 90 days (June 26, 1991) . If the Plaintiff does not obey this order, further action as may be appropriate, ' including a hearing on damages, may be brought. Other than that, ' the issues of this case are completely and fully resolved. , Y 1 r. ha4' a „s'su Kt 4•' k xSatzsitting order is hereby issued preventing any party '' ti-, - or prison from interfering ,with the Plaintiffs access, to the 1,4 ` ;pre th•en:Uso;o! the property to remove the items stored and ,x'- X : "Done in Court this �4,'� day of ,1991 ,' Nunc pro tuna June 2 , 1991 BY Ts KT b s . 0 APPROVED AS TO FORM: I DANIEL, MMCAIN 4 BROW'S ,,,'' '.0):0;" is 4 r a �s • N 1 aA � s lane. i0• � i Attorney for Defendant 105 *ridge Street 4t7, al, Brighton, CO 60601 Telephones 659.0731 y ,' 1c ::' R No. ,+ 1 1 Seventh Avenue P.O. EON 386 ,'3 401,,,i,,,.01... Greeley, CO 60631 i �: Telephones 353-5508 90:,:;--- t tit; >r w y,i ,tvit H .. ' :AR2.95155`l B 1110 REC U5I559 04/29/86 09: 12 / $s.G0 1/001 ' f ' may F 2089 MA .� .. NNFEUERSTEINCLERK & RE, ORDER WELD CO, CO 4.*-..''.:'*';,. Rc -. - - - - _ t • t /Gr•L day of C9444" 1986 rttetween THIS I)FF:I)OF TRUST.Made this Pamela Jean Bachofer { ;L^ . t the grantor herein whose address is 11566 Weld County Road 18, Fort Lupton, CO a• . and State of Colorado, 80621 <'ulenty of Weld I, :.and the PURIM!TRUSTEE:oft he C ty or City and C ty in which the property described below is situated.In the ��,• '• State of Colorado, ,`!•',i Vi'ltnesseth:The Grantor to secure —one— promissory note's)bearing even date herewith,for the total principal K• c,a —dnllarSn V sum of Eighteen Thousand and No/100 •l^'a ; payable lot Ise order nf Ross Jacob 'Bachofer A ? _.. the beneficiary herein whose address is 2632 Utica Street, Denver, Co 80212 .� ':x .after the date thereof. t. Vk' !. with interest thereon from the date thereof at the rate of —10- pert•r!nt.per annum,principal and Interest payable ,... �,4;, on or before May 31, 1991 . No penalty for prepayment, either in " i'''' -N whole or in part , tiN1 M dnett hereby grant and convey unto said Public Tru+Ire the following described property,situate in the County of Weld ,State°I-Colorado,to wit: ). The Elf of the NE'1a of the Nj44 .of Section 25, Township 2 • North, Range 67 West of the 6th P.M. , Weld County, Colorado; + and the North 209 feet of the East 209 feet of said EI of • ''�• the NE4 of the NWT; EXCEPT a strip of land thirty feet in width along the north r,, line thereof as conveyed to the County of Weld in the State of Colorado by Quit Claim Deed recorded in Book 266 , • a. Page 117 , Weld County Records l, ; V V,, -/,4 P. t "• also ltnownns street and nunlber 11566 Weld County Road 18 , Fort Lupton, CO 8062_ 01; G. y 10 HAVE AND 10 1501.0 thrown"together wit h eti appurtenance'',in trial UPS art brl".s,(11O1 if.rear of default la the peynt"nt of sail nate or any past thereof w 4.4e .. .'• el,nleteal Il a vnn,at m the pert°„non,"uf any rho vn.311.hrrt•,npiier pal forth,11wu upon the h,•nrfiriary node hul.rrlfihng molter of rlerUn, and demand/w i, ., sale,soy),lull,.'Tenete.,ally,Atherton,*looser of Raul,tale wr,•kiy,Sur not i'1,4 I ilan tout week",in auras n.wepaperof hear,of rin•ulata.n uo..1el roan,y.shell h.-.4,r1. aril and wore.,ly in the manner provided by tow in orrice,el the t f,ae of Idiot(seal notice mot.Ienti n 1.el public suction f,.,rush.at any prulwr place designated in ' Ow notify of wale I Pal of the proceed%of peal pair,o.1 Trustee shaII nit Mill •l or pa brat all ICI's,rbalNes and rap,,end Ili money. ,n money.advanced but t . nnenee and s.seopmroue.or an suy prior encumbrance,with Interval the,eon,NMI pay the principal slid interval dor on sold not,,rendori,lff the ot•rrpiw ill any,unl. ;":,:e...!,:,:. dead f 44ht[onto.;and after the rslutslion of the time of,eda•ny.tan,said'yn+xlee 'hall execute and deliver to the pun•hsetr• to the properly sold,, ht 'vc a111erlrlary may lmrrila.r Call property or any port thereof at milli pale. • The grantor roommate Mel at the Bair of drllvety of titrer ',rearnis, he is sidled of said property in fee simple, snit that saki...poet, is • arafettrunihrnucrx,rerpl liens and restrictions and rights of way of record. amt tint he wilt beep all buildings mated fur fir r end ea!elated r r in amount equal to the unpaid balance of paid note with lust payable to the lrnefictary, out well pay all I axes and a u nig against paid loupe''y and a+ainulp due an pi for n,reo,braneee.and trim shill fall u,pay Insurance premtuml,tapes or amounts due no prow inieutubranee,the belienetur y rnuy pity the sitter awl ail oniuunts.a p oI 511.111 heroine additional indebtedness duo hereunder;and incase arf+•r.,in•r,rr.tie will pay analluruey'xlera a reasonable amount. Should the beneficiary hereunder be made■party to any set Inn affecting title deed of trust or the title to sold property,the ranter agree.that all e egret tests and a tole all.rney'e fee Moab by the lien heron,additional shall hero ,additional indebindneta due hereunder'and the grantor does hereby "It*"and wanvt all claim.to told p'oper'y sa a hon,rolcad exemption or at It Immortal'now or Iftal'provided by law. fl to erred that is ease of default In payment of said principal or interest or a breach at any of the It herein,'hell old printtpsl sew herb enured and in thereon mop at the option of the beneficiary become due snit payable at onee,anything In seal nuts to the contrary notwilhsesnd. e tog and ion of geld properly will hereupon be delivered to the beneficiary,and on(enure to deliver such p ion the beneficiary shall be entitled it a receiver for geld propertyy,who may be a,Mutated by any court of cainp.tent jurtsdicl lun. Mn.v.i used burin the minimise nnntte r shall lobule the plural the plural the singular,and the use et any*senile,shall he applicable w all _.. ,Sfa�lfes.Allot thee evtn.nls herein shall he bailing upon the I-repel-tive plural, personal rept!pen lstivee oueressore and Realigns of Oa parties limits. irt,. Simile anypwvlalan of this Deed of Trust l.n hound to violate the Malin ee or sour,.ieel,luhu of the state of Culursdo.or of the united Alateo,!itch '„,W;•t.'; pfa,fabn shah i dreaad to he atnrnJed to pi wil it aril conform to ouch'statute.and decisions. taeeuteJ the day snit year Met ahure.wrlµen. _ ••''� r Pamela Jean l3achofer if - -80621 4,.�:, • Count of ,...- • ,; . ' ,+.. Y Weld • anti State of Colorado. ,L ;moth Ise l't1111.WC1 R!IS9!MITE of the t'ullniy nr City and County in which the property described below is situated.In the ,.i i ,.a.,y: ` $latearCotor•ntle °•.I,'--, -"''. • }ar j,f v • Illlesaeth:Thr(;rantor to ne r, -o• ne-- promissory note's)bearing even date herewith.for the total prfneipa$ r-•4 � ' jt • .;;2silmofi Eighteen Thousand and No/100 —dollars, 'Al F :� rllbletotileordernf Ross Jacob Bachofer ;': the beneficiary herein whose address is 2632 Utica Street, Denver, CO 80212 • • - . .after the date thereof, with Interest thereon from the date thereof at the rate of `10- percent.rent.per annum, prinri tat and interrat payable w ';r}: ` t " I 1 t Y .,). ;r}•.,,'' on or before May 31, 1991. No penalty for prepayment, either in ;' - whole ar in part <3:1F,s1 dives hereby grant and convey unto raid faille Trustee the following described property,situate in the reel: j` . 94, ;`.' • County of Weld ,State of Colorado,lirwit: M� The E)� of the NE a of the NW4 of Section 25, Township 2 .5'�. North. Range 67 West of the 6th P.M. Weld County, Colorado; • { �,r • and the North 209 feet of the East 209 feet of said El of 1 't { � . . .. i.Y•ry.._.:.. the NE 4 of the NW a; a .?• +Y .• EXCEPT a strip of land thirty feet in width along the north line thereof as conveyed to the County of Weld in the �� ",' ;`•` State of Colorado by Quit Claim Deed recorded in Book 266 , �. ':r :;; ' • Page 117, Weld County Records . • .. 1.. also known nnstreetahtlnumber 11566 Weld County Road 18, Fort Lupton, CO 80621 l :JJ.(.y�,, �'' 10 HAVE AFc111aI not II toe..,nr twether will,all 6pporiPnuru•ru,II,al...!,.ryrra I,.•Iraa,Il,it m rear ya'k(aull h.Ihr p.ymr.d of noel n..1'or any pail lhereul i;;%,(,r.,.4 op u.trten.Ibr,rent,0tiii for prrfnrm•u,.a,q 4101',a.•r,ant n loon,.,ltor to h•rli,•II,ruupon11..'I,,•nr(ir,a,y inul.Iaoldrrr riling HOCK,of rim end demand fut , ,i fair., 1't l'nt,hr'f'r,M re,Owl n1l1i•t•110, ,,,,,,p,.Ur..u!.U,I,.work!,•,tut too It.%I hat butt wrrha,in aunt ,u...Kt.nprr u(ernrl tit rlr.•nl.'oto to soul runt,'),}hail -.�A •',+• fell snail pour,')m the n,Rimer irruvidrs,I law inrftr•rl at the tin+r of l,Lua,,.411 tail ire noel drum iul..1',Ida.4.,urt loot for i ,.l,,at any pruner i•Iate det.anated In '. ,yy the alolltr n noir IIOi of the f.lurr,9la u(*cwt Rate fool•heeler.1.11 poi ilia or p.)•Ina!all 1.•r.,r ha,n,•.ant roots sod ell moneys advanced for(sae.,insurance t,t (, I'•• and aase.Pneots,or on any parlor rnrtnnbranrr.Willi interval tierron,amt pay the pri,rif..al and+nte,rai due on said note,rendering the everydue lit any�I unle {{Ill►grantor:sad sore the capital Ion of the time of rrdrrmpUm.u maul Trustee WWI execute and drtirrr to the purchaser a deed to the property*obi.The * , A'' a...,ins►,may parrlraar said properly or airy pal Metro(ill narh Pale. i ,. ::,.The Itrantnf ,'maso that at ill liar lime of dellvrty VI 'flea* prearota, the I. s of'seized saw property In fee simple, anal that Reid peop►rt 1a {�: . nee.tr.wurhtanrr..e,repl peens and restrictions and rights of way of record. •� �4r.I .,Pit,,.r.'! smiths.by will heap all buildings insured for(if e al,.I entrii.lril roverany lh Ph lllllll i PIMA'to I by unpohl belenre arming note with loss motile lathe lisinefletary. '?"' and will pay all takes and aims aiteinat en id pal OP.;I)end amounts dais on pt iar curnt.,I„'a,n'rn.Plat If Pate nbnll fall(If pay luuursnre renown*,tames se •�}...,,.:.-.;I,• amMMtedueon prior snruanbraaire,the(wltrin•mrx 1111')pay Ii..Rom a d oil:.mou0la ow prrl.Loll become ad,litioaal is drblcdmenadue hereunder;and lneai* •r:�.;, .f6.urin.ore,be will pay anatlurney'nfrea,f a reasonable amount. %. ,'rr:31:b tr7. .o , ah.uld the Irertrfiriary hre ronrier he made a party to oily lei Inn affecting thin deed of trust or the title to said property.the grantor agrees that all •'�., court ends soil a reasonable attorney''fee part try the henrfinary nluli become.ddil It.nul indeblotneae dal.hereunder;and the granter aloe*hereby onto..e and waive all claims in,sld property ro a boniest e.d remrnptlon or other eaeru',boot now or hereafter provided by law. Its surreal trial in rase of default in linemen(of amid principal or Intel-tot or a breach of any of the revenants herein,then sold principal auto hereby • '• scene and oil thereon may at the uptinn or the baitefirlsry became due and piny aide at once,anytltint In edit Rule to the contrary notwithatanli • ,,,,t e',, lag and po ion of said property will thereupon be delivered to the beimflcl.ry,and on failure to Jell ter such p ion the beneficiary shall be s...."7.'"':',-, eltlltled lea reeelvet for said property.who may he appointed by any court of COW pvtent Jurisdiet Ian. Wben.vrr ua.tl herein the ein.ular nnmher shall inti0dr the plural the plural the"ingot•r,and the use of any fender shall he applicable(s all '.'r Menders,All of the revenant,herein'OHM tie binding UP',"tire * y e r" ',bell ilrtrP,p r„P• .r.onal reprntative. am ineeennora and s enaof the parliea hereto. Should any',envision of thin herd isn 't hal I.n fuun,l to elol,tlr lh.•atatut en or court.Ir.lniuoa e f the State of C..lursde,or of the Untied States,such '~Gse*ilea.tote de deemed an d to he emended ear float churn wratllfli will.and rmnfunn to sorb a1.11,1,,aunt aerie ion.. ` Y y Pamela Jeajt l3achofer 7` d • m'A'rr Or eoIAIRAI'1. O. _. C.nntynf ,..lam. • Th,fu,eguhtg ital Iunirnt was arhanwkd,ed before ntr this /I .. day.f --•._..__._rr.ta ,ley• Pamela Jean l3achofer. . i.•f,9' •' hlyt'untml.P,nnesp,rra 9— .1.6 .if ',tj••f- 11'anr..lay h Mild nndnfle,alReal so.� 1, ,, iree. ' i ' e- f _ :tAf r...r•.. ...�.tr�♦! • •---)...,....,...,,,,,,,,,,, ,ex-- ,,,40..;> ,M(L..r: ' :y2L�itiSN.�- }�y 4.r.. .! .. .i' %2,r.L' ..�., „ lr . .T•'.� '� •J�" S` tTq i4 t �� f! .�� "��,.��'r• ..'�.1 •`,'.�` :._ �.,�,, 'y • t r...�; • •d�-rtf' t`� *i 4 ' -.!,-;',:......4.4,-. :.',i-1,,-...rp,,,7m' u RECEIVED FEB 0 ..c; j r. ale ° a , . ` . . ;, . %,Ar te'sc,:, February 2, 1970 • s ' t,- 4 .. f' }Yq; ; ::'. Mr. Richard Dauer �` ' :,,, 5i51 South Fede=ral Blvd.` �, fJ, ,ttrt• '.' ; Littleton , CO. 13 123 • z' '? ,, ww Dear Mr. curer: R `:t,+,.:,,.."=' This letter is in reguards to Mr. Vigil wanting right—a--way. Oat• -'' '. •;t:,,..._s from me. 7 is i Y4 I have made the decision that the right- of -way is worth at the `. ! J-�.''' ` least $5,000. 00. Due to the fact that I have mare than one very valuable thoroughbred horse that I konp in the pasture a.icining the right-of-wa I haveselling f-, •.,,��„„ /, great reservations of .:: the right at all . r.. r•�! t,. ,... ::' The fact that t'Ir. Vigil did not contact me himself about the Vk. :: right---cif-way and your office wrote me two rather threatening f.`'.r' . letters has put me on the defensive. I feel that your office `' has been trying to intimidate me into giving Mr. Vigil le right-of-way to this property. t. ,.;,'''' 1,t,, I have very der:ini tee and valid reasons for not wanting salvage t : yard traffic next to my property. �; I resent the fact that every time I talk to you or receive a :_. • letter from you that you threaten to haul me into court. 1 1 February 1 , when I 1 ast tal ked to you , you stated that your fee 1.°� would be $1000. 00 and that I would he expected to pay it. I consider that a small price with all things considered. lam firm on my $5000. 00 dci si on and I feel that is too low as Mr. Vigil everything to gain.„W 9 has / g .I I would be happy A_ .ry Vigil would reconsider this offer , however if he shouldn 't it ';';:E will be as you said , "We will see you in court". .a; Very truly yours, - stn, . ' . Dunn Sandsteead EXHIBIT "J" - • • ett RICHARD B. BAUER 5151 South Federal Blect,Littleton,Cotorado 80123 3031797466Q (� 4 Attorney and Counselor at Law • ' µ rk January 15 , 1990 • p 1. Dean Sandatead 11586 W.C.R. 18 Fort Lupton, Co 80621 Res Your property in Weld County Dear Mr. Sandateads You will recall that I spoke to you in June of 1989 regarding your letter dated September 20 , 1988, to Mr. Curry -of the Weld County Planning indicating that you will not sell my client, Bd Vigil a right-a-way across your land. The Weld County Planning Department has now stated that even though the Judge ordered the right-a-way in place against Pamela Bachofer and directed Ms . Bachofer to sell the property to Mr. Vigil , they will not go forward with the record exemption which . we have requested until they have a court order or a document from you indicating the withdrawal of your objection to Mr. Vigil crossing you property. Under these circumstances, I must once again request that you AO,' -- call me and discuss this matter so that we may resolve it in.pti?-2;,- immediate future. If not, I have no choice but to name you as a 0 defendant in litigation which will undoubtedly by expensive and • time consuming. Since the law is crystal clear that you have no legal right to object to Mr. Vigil' s right to cross your land , under these particular circumstances , I feel that our client will be successful in court and I will also ask for attorney fees and costs under those circumstances. Please call me as soon as possible as I believe it is in the best interest of all parties to get this resolved without litigation. Vary truly yours, • Richard B. Dauer RBBskjs cc Ed Vigil EXHIBIT "I" ' DEPAt;— ,cNT OF PLANNING SERVIC PHONE(303)3584000 EXT.A t2 y 91510D.STR 3REELEY,COLORADO 5( • , COLORADO A y } pry t October 5, 1958 Y aq '� Mr. Ed Vigil f 9 f. A 1 •, c/o Mr. Richard B. Bauer ti Attorney at Law J# 5151 South Federal Boulevard '"z0 ' Littleton, CO 80123 yM t� wt if 1Srsl' /t Y Re: Recorded Exemption 1113 " N: Dear Mr. Vigil: so'> ' The Department of Planning Services' staff has reviewed your recorded e, exemption proposal and has determined that the approval criteria appears to have been met except for the access requirement. We have received a letter from Pamela Bachofer stating she will not sell any right—of-way across her 'r ' property to Ed Vigil. x,+Aa rc : The map submitted to us in your application shows the access to the 20 acre parcel directly from Weld County Road 18. A field check of this property indicated access is provided from Weld County Road 18 across a portion of the adjacent property to the east. The property owner, whose property this R g •e access road crosses, has also submitted a letter stating that he will not sell any right-of-way across his land to the salvage yard. ' Our Department can not grant approval of this request until the access issue ,, has been resolved. Please let me know if you have any questions. Sincerely yours, 49 (-221.A.C.(09, teL4-4-;„ : r'_ s Lanell 3. Curry Current Planner LJC:dn nnEC — EXHIBIT "D" _ — 1. S t,,F ' /1 nd,;Wei. M -.77 d y lL• `F, ii• • .,1',,,,,,::,, . x,24., i . 4-4 Ik U ; Y-- • 1 r+kg4 -1 iYI �. t , .• p g* e September 23, 1988 •� sus Mr. Landell J. Curry �„.• •• ; .•4i ;Department of Planning '''../„:0 „' 915 Tenth Street r .'' Greeley, CO 80631ty. p ' Dear Mr. Curry: N _ � ” - r , : 7.'"'In reguard to the land of " ' 566 W.C.R. 18, Ft. Lupton, CO, : . I am letting you know tha have not and will not sell • • ° Ed Vigil any right of we- 'rasa my land to the (approx. t`. , three acres) salvage yar. 1 whicr he has made record exemption application for. . tSincerely, sci „ t• • Pamela Bachofer ' 11566 W. C. R. 18 ';, - Fort Lupton, CO 80621 ry �,iyniF, lyi ;$. ib. ', 3NF r 1... rX. fi o 75xcfifl :.� EXHIBIT "II" _ Jj\ EP 2 6 1488 .. Weld Ca Ratan Comma+a.. . .'c?: = A: ;EN A OF PLANNING Ss.riv (7 k'7' Po7 PHONE(303)358.4009 EXT.� a '41.014° 918i9:bSir t OREELEY,COLOR.'DO8 t , i N 1 t t • ,.. >'C e'COLORADO • • '§ „+ September 2, 1988 d S _ Mr. Ed Vigil • ! c/o Mr. Richard B. Bauer % Attoreny at Law - - 5151 South Federal Boulevard Littleton, CO 80123 I '-' Dear Mr. Vigil: Your recorded exemption application is complete and in order and will be T,"'`-'}F> processed on or before September 22, 1988. If it is determined that the application meets the approval criteria of Section 9-2 E. (1) (a) through 2J (m) of the Weld County Subdivision Regulations, you will be notified that ^4' t' the recorded exemption is approved. If the staff determines that the t :4° /;, application does not meet the approval criteria, you will be notified and S ,'". - asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date at least a week prior to ithe hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. It is the policy of Weld County to refer an application of this nature to ` any town or municipality lying within three miles of the property in question or if the property under consideration is located within the t comprehensive planning area of a town or municipality. Therefore. our ' #fir . : office has forwarded a copy of the submitted materials to the City of Fort Lupton Planning Commission for its review and comments. Please call i 857- 6.7 for further details regarding the date, time, and place of this . p'r.p" acting. It is recommended that you and/or a representative be in i:)r attendance at the City of Fort Lupton Planning Commission Meeting to answer rr r } fp. any questions the Commission members may have with respect to your {`w application. If you have any questions concerning this matter, please feel free to call .. me. tH - Respectfully, k hell .1. l.4 sell J. CITrry "7 Current Planner LJC:dn pc Ms. Pamela Bachofer 763 Dexter Drive — EXHIBIT "A" _ Broomfield, Co 80022 i. :' V 4 ��, (£1 <° tgx £��S�'.,!A ��''4�' ��$R��^ • �. '�'e`£�d dy`+k1`'V£i'�ti�4��`£+�"5`.2-�'i r �r citt � ��in ik"- x`° t� ' v ,f . M ,, 1- _ m 4 XY�.N. 'J�l A b ktyx ` V T' r sr RE-ill3 Ed Vigil 4 Page 2 1,;, Prior to recording. the applicant shall submit evidence to the: Department or l ', Planning Services that the access agreement with Mr. Dean Sandstedt has been ix r recorded in the office of the Weld County Clerk and Recorder, , 1.a The following note shall be placed on the Recorded Exemption plat prior t: } recording: "A well permit is available to the proposed 3 acre parcel if thin owner applies for and obtains a well permit to appropriate the water in the , ? Laramie-Hills aquifer." The applicant shall submit a mylar plat to the Department of Plannin ,, i- 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 9-2 C. (4) of the Weld County Subdivision Regulations, 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. aa1LG�BYc 4wLL( I1 V_ ezt•'V�f Date r Sr !`I 9° Curre t Tanner 7r i £ ° 4. / is' J + . ..tc , t7 Acres;' '3t 'Smaller'tat Sizes 3 'Acrd Aq^ ,i 't*zj"7 8th^ tm ,31r„ ,,r . .! ,,.vw;d+Ea,.F, _ .zmn , ee. I, i# , Meats Criteria ' -4,,r. it: a'N fA , Yti . es Ho • • . ''. ,' ' '''- • X 1. Consistent with the intent of the zone district.r } ';• rSCO X 2. Compatible with the existing surrounding land uses. I °tA X 3. Compatible with the future development of the surrounding area. Y�y '.51,: X 4. Complies with Overlay District Regulations. .ref iv ,l. , X 5. Complies with minimum lot size requirement. Via,.,). .4. ; ` " X 6. Complies with the Weld County Comprehensive Plan. 14:.:-. ':: : t. X . 7. Consistent with efficient and orderly development.. 0. ' ` X 8. Lots accessible from an existing public road. t : X 9. Adequate water supply. gyp. • X to. Adequate sewage disposal in compliance with requirements z , ,. of the Weld County Health Department.i . �5f I 11. Lots are not part of a recorded exemption approved r1 within less than five (5) years previous, are not part of a subdivision, or are not part of a Minor Subdivision. `" w X 12. Does not evade the Weld County Subdivision Regulations : -1,7) :;-, requirements and Statement of Purposes. P `, a''. APPROVED WITH CONDITIONS ./- (,;..4t,,,,!., The Department of Planning Services has determined through the review that ,,z'. the standards of Section 9-2 E. (1) (a) through (m) of the Wald County Subdivision Regulations have been met. This Recorded Exemption is approved . • with the following conditions in accordance with information submitted in r , ,, the application and the policies of the County. A Weld County septic permit is required for the proposed home and its septic system shall be installed according to the Weld County Individual Sewage 1e9g Disposal System (ISDS) regulations. it,", An ISDS evaluation by the Weld County Health Department on all existing fit,,,: P septic systems will be necessary prior to issuing the required septic . ;6" permits on the existing systems. hi 4iL:- ' The access easement shall be shown on the recorded exemption plat and shall be designated "Access Easement." The following statement shall be placed on the recorded exemption plat above the property owner's signature: "I further dedicate the easements as shown hereon for the purpose shown." ffi^`h% Applicant: ,,: Ed Vigil Case No: RE-1113 14 • ;. k,r t-w.,-Po' TLegal Description: Part. of the E) NE} NW} of Section 25, T2N, R67W of the ('d s,;. Yz 6th P.M., Weld County, Colorado Larges Lot Size: 17 Acres, ± Smaller Lot Size: 3 Acres, t � . y Criteria Check List ' " ' Meets Criteria k ' Yea No X 1. Consistent with the intent of the zone district. YE .� X 2. Compatible with the existing surrounding land uses. X ` t ' riM. X 3. Compatible with the future development of the y surrounding area. . 4 44 X 4. Complies with Overlay District Regulations. 5. Complies with minimum lot size requirement. A % 6. Complies with the Weld County Comprehensive Plan. ` X 7. Consistent with efficient and orderly development. 8. accessible from an existing X Lots public road. yL w � { X 9. Adequate water supply. 'ph , , I 10. Adequate sewage disposal in compliance with requirements .1 . : . , i of the Weld County Health Department. X A f .. 11. Lots are not part of a recorded exemption approved v lig within less than five (5) years previous, are not part :p.,,,,, • of a subdivision, or are not part of a Minor Subdivision. X 12. Does not evade the Weld County Subdivision Regulations requirements and Statement of Purposes. S APPROVED WITH CONDITIONS ? The Department of Planning Services has determined through the review that ( the standards of Section 9-2 E. (1) (a) through (m) of the Weld County i Subdivision Regulations have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of the County. A Weld County septic permit is required for the proposed home and its septic system shall be installed according to the Weld County Individual Sewage ; Disposal System (ISDS) regulations. `' ir+ An ICS evaluation by the Weld County Health Department on all existing 1,:1/41,4, r septic „systems will be necessary prior to issuing the required'. septic m , S , permits. on the existing systems. k' ) . .',, ' . - - ,A M The access easement shall be shown on the recorded exemption plat and shall 1"' be designated "Access Easement." A EASEMENT AGREEMENT t ,�u We, DEAN A. SANDSTEAD and LINDA M. SANDSTEAD, joint tenants, `s° of 11586 Weld" County Road is, Fort Lupton, Colorado, in . Nia� consideration of Ten Dollars and other good and valuable consideration hereby grant, bargain, sell and convey to ED VIGIL, t (41:, of 2765 East 97th Avenue, Thornton, Colorado, Grantee, an access easement over a presently existing roadway, 30 feet wide, for purposes of ingress and egress, and other usual purposes that a ,7 roadway n described may bproperty used for, a of across the Grantors: NorthwestCorner of the �r4 road .;.: Lots One (1) and Two (2) , of the Northeast Quarter F{� (NE1/4) of Section Twenty-Five (25) , Township Two (2) h' North, Range Sixty-seven (67 ) west of the 6th P.M. , `"" County of weld, State of Colorado, according to h, ' Division No. 3 Map as filed by The Lupton Meadows Land nd 4_ ,n , Company in Book 5 of Maps at page w 1 v,4, 4 Records. • ,, r This easement is' for the benefit of and appurtenant to that µ' 4tiu `�^;� land,- or any portion thereof, in the County of Weld, State of 4, Colorado, described as follows: East heNorthwest 1/4t 1/2 of Section25,oTownshipf the r2h east 1/4 of the North, Range 67 West of the 6th P.M. , more particularly described as follows: BEGINNING at a point 250 feet South of the Northwest corner of the East 1/2 of the Northeast 1/4 of the Northwest 1/4 of said Section 25, being the TRUE POINT OF BEGINNING; thence East 270 feet; thence South 518 feet; thence West 270 feet; thence North to the POINT OF BEGINNING. This agreement n sdingup and esarti on the parties, their heirs, successors, personal representatives, i t, , ,. 1 : IN WITNESS WHEREOF, DEAN A. SANDSTEAD and LINDA M. SANDSTEAD v,, .; have executed this agreement. fra Rain Datednth�iY/ass ,29 day of June, 1990.!" A`G/Na(.ar.� CO DA M,J li DEAN A. SANDSTEAD ANDSTEAD STATE OF COLORADO ) COUNTY OF WELD )ss. Subscribed and sworn to before me this-flQ( day of June, 1990. My commission expires: a//°f 9 / • , 2 pdazat Notary Pu 1107 1,}, Exhibit "A" da, 4 ]' 4 PHONE(303)356-4000 Ex-. x RECEIVED OCT 1 :� 1 P.O.BOX GREELEY,COLORADO! LL* COLORADO t7affi7c" October 11, 1989 C ,. Richard B. Bauer Attorney and Counselor at Law 5151 South Federal Blvd. Littleton, CO 80123 RR: Recorded Exemption 1113 Dear Mr. Bauer: Lanell Curry has referred your letter and the Supplementary Findings of Fact and Order in Case No. 87-CV-953 to me for my 4 µ:, review. Your letter appears to indicate, given the Court's holding that there was an implied way of necessity across the Bachofer property to the proposed 3.2 acre parcel, that the implied way of necessity also existed for the benefit of the smaller parcel and crossing the Sandstead property to the County 'r,° road. I am in agreement that the access has been established to �x, cross the Bachofer property by virtue of the Court Order but would * like more information and case law if it is your position that the access has also been established from the County road crossing the Sandstead property. Thank you for your attention to this matter. You t ly, ee orrison sistant Weld County Attorney LDM:rm xc: Lanell Curry Department of Planning EXHIBIT "G" }. Y .4}= . ,, Lanell J. Curry 20 September 1988 ` " • " C•" Department of Planning n; 915 10th Street ratti . Greeley, Colorado x L�+ a; 80631 I have not and will not sell Ed Vigil right of way across my land to the (approximate three acres) salvage yard, which he has made recorded exemption application for. Dean Sandatead • K.. J. Dean Sandetead 11586 W.C.R. 18 Phone 659-6142 Ft. Lupton, Colo. ppm 80621 4 r Y, 4J` i irvrr izr l , r Yr t' i P • J liPg01. S.ii7R SEP 2 6 1988 fi >xeie to. phortt Gauss Hello