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HomeMy WebLinkAbout20011347.tiff RECORDED EXEMPTION NO. 0801-09-4 RE-2952 0/Vetel)mt_;or 4_6C-eau IIIIIIIIIIIIIIIIIIIIIII01!IIIIIIIlIII'lidIIIIH t'• proposedµe. rx"r wet tfeae�•te m Slit<6) rtes eta the g00 00btrs<s ell. en w,al .any.zelwc4 owl o/rx primed w7Nan,V,la Canto.Colorado nap more PoS<ed)NNY I 00 1 b11.00 0 x0 we JC Sutl izuFBmob w the wa Canty a roared dse back,°Comeau a n4.t e`future right-Oxon IFS - W.vent of the 6th 0l 1 R to W 0 a W weld CW.04 e0 CE 1/16. SECTION 9 O.x,I.x wad a n Tama is*Fined04 997 peep occupancies f`ore,11106, gated 4 qi,B.0 4...390 ow Sou-thee, .!u DE hers e[s c1b1 En" ENO NO, 6 X 30' 200-foot fwe 9o- of 149 Idiom 611t1'y e.150-iwt..rn or any.giMvtl.Nay construction wsae.FB the wu<n Onto;w sw<wea<o.r�voe<e"TIE I/I)of saki Section rove(9)to Nor REBAR W/ 2 1/2' r1e e°v°ru"ce r.w ue term a/tee 009001 eB-6-Id er thel head Cwnr Cam. It x>ran 874.8147 East,°w cal sways wm°rw rereF nqp relate*canto ALUM CAP, PLS 9644 Bern.It t East 611-04nter IC I/4)Cofer or sold Section NM(4p thyme Olen C 1/4, SECTION 9 1999 1/4 CUR rMy a stwthres v hews m,ne 4139 cote!the•e>wrlte serre ere wtaeq Southeast O,�ILv4r<SE I/4).of uold Sec t<II,South W'arma Vest.�M0 the east tee of • END 3 1/4' ALUM en tee NOT SET DO TO CAP, LS 7212 sdots 99 nag.,t,4 66 of tone.,Only 002±ce 0'CIII 466.00 saidftet too xtt on W. nano •CULTIVATION r S8923'e0v 1303,36' r S89'23'00'3 130336' ///—�� n to eat ramose to sub. rhea for toes 4,B 4.01 E Se 140.1 for 111 wand IFe 6 t Southeast ee <zC /n 4f sold OM enwe.roran esrrar East. / 1997 roar cart to mooned to sub.to the 2.840812 Ir b♦I.td Services.nuwrc.IF 46606 fee!to w ram or¢eynFhe N89.23'00E / r 4wgr or wrrlpna weutY.wane<Y•ro e.n9lmmen S89'23'00'V - a Sb a n0010 po od stir.!to nzn<a-°rswy B� 836.]0' 466.66' —PROPOSED #ee Mx.wpe the ih release `111 dOln`t°<p`i�e"B.i"the toucan!WI ro x to porn o recorded hue, .ne/ < f e t r sae of rM cot Is subject to rent-oi-w1( trr. RE$ ACCESS a74711.Frc 1eoll�amane.on such end wipe Yemc„toned t��w� r▪rtwx w`sweets of record°rte oup linaci z m`pne.(`taut. lead,' c. LOT• / Recorded E.ero<im glrnrriw-t m B-her-rev d 5.00 ± AC r oa 2)sw.a nee%,see . w «Y e,..dlsh`avas� of w h;°64414411.:;/, tI Coil.' $a v ,pr.en11t t b`�rey Lam, o rd14e1 the Si trod o/Iona Izated in the So theast One -fiFter(SE 1/41 or Section lbw<2.loenga y . D S89'23'00'V a 4.n a ere,.wmn<<e heed col. Rape y,ty-fell' 64, es of r 1111 woman.von pep,cao-♦w P.hoe wrtbuneIy III W • 4.0 E.et4rptlma an♦0pcen< rod raise the:scut of ccnpw10 wits described or,, 46666' - i n e Rwwrtar[tygmnlr«sea. 01 °r Was wcwaee Exempt.Ones °4natons es♦`Iddpn"f rwmfpa. Cons �<g swtn IFe of<M Sw<nwst tre-/Mrtr TIC I/4)of dap SrtIM IM t9)to Mr i /- Coot,old wt ee♦regs ttnt♦ep0 eerie pe4q rq°V,a<xeretw SPRINKLER '^t ♦♦be S ev 00 u 1941„aL�„yn tottaa1.I'tim ne t value,e4."uefra eo°Icounitese Caen their Witted States. BMy. p o<the Southeast we-wo.ter<X v4,Corner er said irt<bn him(Mt thence°t4.9 w PIVOT ° rc6 Y^v be open one spoon, outh the Southeast One-Ou rter*SE 0/4> a Scotto a(9).South 12-4618.. 47674 het, Wrd NW,. m�9 - em< !711 LOT 0 AC . o age-Mature 4pf°�nee. Fn itne<tre"o tbo°4ela1<w°aIBa4�`a° W W'E'tans 8146.]:[a` f° - ttr�a- °n l'9 BvrWs1m d w 9 tore are w-:II":ro to r a� es .19 exwne 4'°corset al'.`:el,let i,., �t.,tn.e ® I I l`cc.SF stxr nape w`ar0atttr"et I,td II .`Wo0.t79^4 49'°of`ie.her North ON Southeast - :t141111`°`E:a! I);then45 feet, ce y the Ill % `��� ,, )I ▪ alFiw rm.11nse ever, s°ttr♦ct peon War,to reel e Coo utY/ 1)11 1 Bht-Mr<er<Y 014104)of sow Seclm`way B(1).Soles W'W31 Vwa'°110].81 feet to the < \ ��.`_ 1/ S 1/16 LOR. SEC 9 w"`ea e""'°t ateo-w.w roe.<sC hen° case ENE 3 1/O' ALUM ...urn f w Intrusions rwlm0-e The. 1-*11.1 Weld Cu..ueti me In s.h`I. ° t or Veld Cope a m 949114 f ze,Ytoy <wr1 N00'00'35'E 1-0� CAP LS 7242 agredtva 9al�eRF a9n -omodate the dm e[ma w Ill leci Road POO-of-.atasterly side are noYO ale.ther v 211.00 1997 annd tq".`6neott°n p our.IF to 9eeerueo0 for - r aa+/o<♦amehta or!wood o°4 .no. Co. °/T J� N49'49'08'E - hhary n a.I,r ,101 w0at spray,r4. M rn°mmel..ono snv f4.rot°t+4 71(0191101-I IIT r IT 19•1 V,c\t SPRINKLER 23633' Actor, ve use of as ez . w<x G1( END GUN 111 dean...d cawten a the efficent'napgv.mvo 09e'9pouo.. git- N519.05' E CESS AG/ to fam rte n ` _ w \ �F<r� 11985 ACCESS .s1x x ersmml taomc<:a.. t:w. roe el'e < m Ran.S0<Q fee DO West of«tOmsi9Me-Bead^I1(/4,or kctle"x.t<4.nplenoe°e ortbYv y \ \ N73'IB'12'C / C. F. Section 35-32-102..ctpoeS.provides that on n 0111oo IF(III I dr n ww�wwav tuoi w♦„ wt ° 00u " °n one a♦1 r Weld ewntr.01d Sem xFe<W to bear 200.96' 9.1d a out w *R�aro 4.r..pars n ay.Mtorol Co l lop the the Soothe.< he-Mo ter t E I/4,or v0,,,. moue.Goat am of sip.,„tWva hoc,440 rq°tlw me,.� t HOWARDS \ 6 P he a�cean1�o.era 1711 of o. . Da.or 9py,9aept eu soot,S.e-Idtema<s l/Ill 019119 or no„(9x o...„„ewo 111 IF LAKE . . 3 d:1♦09th lt4 ler sheer Fe.4.n µ,700 Wes of ♦ id`e°x`1:dodoes.. ae1y .. 1/)of • '3r Coat. 2. el'thence oreo to besets.se-etches rods w.,p the (SE prOwrNr<SE lam•of sold 511160 We(911, W LOT• I $ eonoust1q 11 available 1147111E°F the E11 t Sa. 892J'w Volt.46666 t e to 17•0031/ at.4Kl Ito • w 10.35 2 AC •1 11 m 4 �eIIIPCy�Pood. 1.aw sets we .two,<�--gene<SC 1/4)o last. x 19 3 theme no 41theve or the N88'46'10I PROPOSED o q 4 my .d„leers v.enn11 Dlt'e.a9<.9(SE or a mole w.e`tn:South Bursar West. ti feel e a t\ BUILDING n b f i "DPP to Per etd.t.Cow"'v Center East al'-1 tenth(Ie-E 61 Corner r ea Section 9)1 South 09'23W vest. 22168' \ ENVELOPE ' ltxWF z 130136 3,3 m'zto idiot.eEenter a0ne-bier C 1/4)corner o ttd Section la throe. thence. SOUTH 1/4 CO" SEC 9 \ C t w o < e South 0eekerto t9): CALCULATED ^410'0 ^"i4..9 an <w..ce. wen 1 of 1.°t Southeast u.-a♦rk9 s[I/ 9 W N V 60' ROAD ROW _or public w'4c o 4.r a w Iamt9 aaa pus m46'IY feat.024n.hoes lwnce 1ea.4p the dolts 4p 4,caner of e saan wv arter '`t POSITION / O 598 46'IB'M " 3 30' ROAD ROV rasp Yd`a he hanetM^ 1 pert < ° t m 1r [rkw11 (SC I/O of sold Section MN<M.North W1 Cost,946t4 feet tote porn m°=wwi°•st uth nfhts-o4.Wee•I / g 476t '.,_ e�`w�wa^t a,,.aw cam .94 r m"es. r 4.9.49 wexistingtb 1lollirrigate,at"Dist om tole..F rq�.e 1 _ o of ua kc45.087 ution We isi the eel e °r 4f _- .. .-'lam . 1b o-enw m F we mm wean r „nMgo,wu,er<r(SE I/o of..a Section Its(9) w9t1,01•00•3"t Cast.lmm[eel m the e NBB•46'10[ /2124.9]' M at<rq are ep Wins�me ana`n folfootman.lruz`""°.country than demw,ebmz:u:e'mn wet° ./�/•N88'46'18'E� 260131' / / \ s,, ms hM• cant Or. [ - 4le�q°94 1110 to riOts-oF-1.9 J wef <e„obiorit ro cars in a wi 1 ns o.or f lratecta.. niwr y / reo- t a o/ EXISTING RES ACCESS WCR 70 END 3 1/4' ALUM c 1n r°9m9va wpew�a ovm<a♦n.ewmb9 fr user a+>en We el'�a Poo,rpmrv4ghwe 55 lgfi voetw� s act el r t r east- ' _ ACCESS CAP,LS d392 er t e my o Dements e recent ♦a .y.w.9 ws v o+1(on, WOUTHSS CORNERDSEC - - _s-�./ RES ACCESS Iola SOUTH 1/1 CDR S 9 1 30' ROAD ROW 1995 6mmvc wuwx END N0. 6 X 30' I• 60' ROAD ROW IWVivw NITEY REBPR V/ 2 1/2' w re rM r I t m weewagea as lm ♦,aoen on tho eel,.esp.1 Odes uoclerstood efts'wows)10!coots,'nt here. the ALUM CAP, PLS 9644 Na p.'t we s ua/xtrp 0P 19•0634 tta - my a snow boron my rot be IA)▪ the w 1999 49aat"t„ ee 9rlde.ral zoo,m ("DPW nr o e on The nest da ht eat. 'cements and/or plae a car be 1094.wtawro Dose TD 41171117171457 ♦/a. t ea mew"r mscrew hereon )74.7 the Ww7it 57 D111177"11°Wiwi r em. 91 I references to books.pies.ea.ord reception northers are iodic elocution w Do ed D MD etwr^a s< i`oet 14•forego.c.9tF6,t.�..4♦,4neawa before m 014 .-4,;"' I. ratarl� P.n,an_orboo„sod ouch doh,In 1• :M n4 eis ta nol or,you De in C177771.1."DPW w ,,_ es T 6 N cos YMI 0Oaa Inc.Po, Nemeth it ismane �/ea°y shoo Sable en hten yam,fro the date er the certification shom here. ereon cr-i1 915 9 Notary ._._ t� ,,,, .1...� Drew.by*4.1knt to DrePtene. temp slated hew..rent oar.nr Prwa. r'w.s Int lo. moil: P N . 4.4 f r 4, u CrC SCARING.fusider,q<w calm pm or Southeast pee.canter<SE I/O 'fie-'--07 11lie CU ter-_-_-_- _ en (Stet 99 tdWSb(61ll mta4H serve w 6Moth"Newt. s "Os plat[ r t'4 the 1111 a k♦.,,to c 4n 8.E s ♦ a w l'1 gr°.e0 v Pox. W arm i w ,4l' P 5 14 6 i i eau 9 Y AA- ♦eq car wtmm AAA.,I W :, b t49 to a m 4.n R.rant Gm ce x 01 doh Coney Eowa,wra a .� B i e t" It /:/Iw9..ai�:9waa.o.. 'Iq:�<or 4.r 4.r w h;v�:.:,< ^� .w g ' 6> ry pa.0,Wr sea a rFf s..TO w ♦ r fee I/ , ` p p,....w _ F on of rec°re. roan W, nda,wtore of etleza 14S�l�r7W :Deer •�,\ �'•dr®� LEGEND r 3 V ry CE � An eyor c r a • ,^.tai"a'^ Br Gk. E.) SECTION CORNER m 3 w c(mare,IF +; ((Ill: aa1nv a l o m, es 971f .wt Ea Br r k 6d .m rated 'a�(aooa. mm �%.t tilt e4*sea<hp o oo�"`1.11w�::1Pe oioo :°r N 0'1 1/16 6 I/4 CORNER 7...1114":41_ p >R- 9 .. \"e`�ew� L,,,,,,...-,..,.,of Ca slim Stet e m .°_..._ee 1 971111,011.1 0 111 _ i �,4, m AAA thiawrwfw4�ew"ppa:°x" a4rode regulations., VCR JO certify t °Q1( w k♦ w g1tr°., cpvt9a "a .s°f SCALE' 1'-060• • ` l6i:m ! a knotted., `4.4� `F 9.aeT SE 1/4 OF SECTION 9 2' ALUM CAP BAR W/ .4... -_mm �/ _ I Q9 e / Zeal. (`ELI. ...._45 T. b N., R. 64 W., 6 P.M. �/ ' N. p PLS 9644 LOCATION MAP ` V As{ 1. t \_\`l i WELD COUNTY, COLORADOLOCATION NES ' ^B`�9paF' ‘.3\ z V) 81 o • , SHEET NO. 1 OF 1 DATE NDu REVISIONS BY CKOje ALLZO A�ASSOCIATES,INC. RECORDED LT�TIOM RE-2992 4ze n 2N 9r. LA 6ALLE,co S,IN Orson by: AN Duce: 12/13/01 HOWARD MANUFACTURING COMPANY 800 0th Avenue, Suite 323 BE T/4,SECTION 9 • FAX: (970))254-9564 Checked) RAA Approved: KRA _ WELDT,CCLOOMG Greeley. CO 80631 NOTES RECEIPT DATE Iw- /f-ol NQ t i1-' 7 RECEIVED FROM 1T& �/csf/My wai'd #1I5. ADDRESS P.O. Bet 347, Gr1;el", CJ $ � SoO,C'v FOR Cls4 !., Lie K. /L.11.f Dcd d c4-r RE- 295/ RE-29s 2. 1Sd �,. �:ao t 3133; ✓ By 4.4,41.-/ �l2 CJ -..._...«.....:.....�.+.�.u�....�:.L.�..__--- - .� ,1998 RECIF M 8L �T DEPARTMENT OF PLANNING SERVICES 1555 N. 1T"AVENUE GREELEY, COLORADO 80631 WEBSITE: www.co.weld.co.us E-MAIL: kogle@co.weld.co.us O - PHONE (970)353-6100, EXT. 3540 FAX (970) 304-6498 COLORADO December 2, 2001 Howard Manufacturing Company 8166 South Adams Way Littleton, CO 80122 Re: Conditions of Approval: RE-2950, RE-2951, RE-2952 Dear Howard Manufacturing Company, On May 21, 2001 Recorded Exemptions 2950 and 2952 were approved with specific conditions of approval by the Weld County Board of Commissioners. Recorded Exemption 2951 was approved by staff in May of 2000. One of the required Conditions of Approval granted you 60 days to submit a mylar plat. Should you wish not to proceed with the Recorded Exemption, then the Department of Planning Services will need to be notified in writing of your decision. If you do not wish to withdraw the application and are unable to meet the conditions of approval, you will be scheduled for a Board of County Commissioners hearing. Planning Staff will be recommending denial of your request at the hearing. If your application is denied by the Board of County Commissioners, the decision could effect future land development applications located on the parcel. Withdrawing the applications will not effect future applications. We are well aware of the difficulty in meeting conditions associated with land use cases, and are willing to work with all of our clients. I will be available to answer any questions and concerns you have. Please notify me within 10 working days as to which way you wish to proceed. I can be contacted at the above address, phone number or e-mail address. Sincerely, Chris Gathman Planner-AICP a DEPARTMENT OF PLANNING SERVICES 1555 N. 17`" AVENUE ' GREELEY, COLORADO 80631 111 WEBSITE: www.co.weld.co.us O E-MAIL: kogle@co.weld.co.us- PHONE (970) 353-6100, EXT. 3540 FAX (970) 304-6498 COLORADO December 2, 2001 Howard Manufacturing Company C/O Wayne Howard 800 8th Avenue, Suite 323 Greeley, CO 80631 Re: Conditions of Approval: RE-2950, RE-2951, RE-2952 Dear Mr. Howard, On May 21, 2001 Recorded Exemptions 2950 and 2952 were approved with specific conditions of approval by the Weld County Board of Commissioners. Recorded Exemption 2951 was approved by staff in May of 2000. One of the required Conditions of Approval granted you 60 days to submit a mylar plat. Should you wish not to proceed with the Recorded Exemption, then the Department of Planning Services will need to be notified in writing of your decision. If you do not wish to withdraw the application and are unable to meet the conditions of approval, you will be scheduled for a Board of County Commissioners hearing. Planning Staff will be recommending denial of your request at the hearing. If your application is denied by the Board of County Commissioners, the decision could effect future land development applications located on the parcel. Withdrawing the applications will not effect future applications. We are well aware of the difficulty in meeting conditions associated with land use cases, and are willing to work with all of our clients. I will be available to answer any questions and concerns you have. Please notify me within 10 working days as to which way you wish to proceed. I can be contacted at the above address, phone number or e-mail address. Sincerely, • Chris Gathman Planner-AICP 4 t*/ MEMORANDUM WICTO: Wayne Howard May 17, 2001 COLORADO From: Chris Gathman, Current Planner SUBJECT: RE-2950/RE-2952 conditions and copy of Weld County RE-7 referral * Attached is a copy of the referral for the Weld County RE-7 School District (for conditions of approval 4E - RE-2950 & 4G - RE-2952). Additional Condition of Approval: There was not a copy of a current deed describing the 80 acre parcel for RE-2950 and the 160 acre parcel for RE-2952. Therefore I will add the following as a condition of approval prior to recording the plat: * "The applicant shall submit a copy of a recorded deed of the parcel on which RE- 2950/2952 is proposed. " Water Rights: I have a question regarding water rights that should be addressed prior to the hearing . (This question will likely be brought up at the meeting.) What water rights are to remain with the proposed RE properties? * The latest deed in the certificate of conveyances (1976) lists " 100-acre feet of Colorado Water Conservancy District" water with Section 9. * Has any of this water been sold off? * Does the applicant have evidence of remaining water rights that he owns? RESOLUTION RE: APPROVAL OF THREE-LOT RECORDED EXEMPTION #2952 - HOWARD MANUFACTURING COMPANY, C/O WAYNE HOWARD WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, pursuant to its authority under Section 30-28-101(10)(d), C.R.S., did determine at a public meeting held in the Chambers of the Board, that a certain parcel of land, to be divided into three parcels, as shown on the plat known as Three-lot Recorded Exemption #2952, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land," and WHEREAS, the request for Three-lot Recorded Exemption #2952 was submitted by Howard Manufacturing Company, do Wayne Howard, 800 8th Avenue, Suite 323, Greeley, Colorado 80631, for property which is located in part on the following described real estate, to- wit: SE1/4 of Section 9, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A," said plat to be recorded, and WHEREAS, this request is to divide the property into parcels estimated to be approximately 140 acres, 10 acres, and 10 acres. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove described parcel of land be, and hereby is, exempt from the definition of the terms, "subdivision" and "subdivided land." BE IT FURTHER RESOLVED by the Board that Three-lot Recorded Exemption #2952 by Howard Manufacturing Company, do Wayne Howard is, approved conditional upon the following: 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) Regulations. 2. The source of water for the lots is proposed to be a well. The applicant should be aware that the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Because each situation is unique, the applicant is encouraged to contact the Office of the State Engineer, Division of Water Resources, 1313 Sherman Street, Room 818, Denver, Colorado 80203, (303)- 866-3581. 4,010) 2001-1347 pa : P/ ,4p p) RE2952 RE #2952 - HOWARD MANUFACTURING COMPANY, C/O WAYNE HOWARD PAGE 2 3. The Plat shall be titled Recorded Exemption No. 0801-09-4 RE-2952 4. Prior to recording the plat: A. The applicant shall submit a proposed building envelope for Lot C to the Department of Planning Services for review. Upon approval by the Department of Planning Services, the building envelope shall be delineated on the plat. 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. B. In accordance with Chapter 8 of the Weld County Code, Lots A, B and C shall be granted one residential access. Direct access from a public road shall be limited to one access per legal parcel for residential use, no circle drives or additional accesses shall be granted. Access will be placed in such a location as to have adequate sight distance in both directions and not below the crest of a hill or where physical obstructions are present. This access shall be a minimum of 75 feet from any intersecting County or State roadways. C. Lot C shall utilize the existing agricultural/oil and gas/ditch road accesses necessary for agricultural operations. No circle drives or additional accesses shall be granted. D. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved access point. If a drainage culvert is required, a 15-inch CMP is the County minimum size. If the applicant chooses to place a larger culvert, contact the Department of Public Works to adequately size the culvert. E. Weld County Road 70 is designated on the Weld County Transportation Plan Map as a local gravel road, which requires sixty (60) feet of right-of- way at full build out. There is presently sixty (60) feet of right-of-way. A total of thirty (30) feet from the centerline of Weld County Road 70 shall be delineated on the plat. This road is maintained by Weld County. F. Weld County Road 55 is designated on the Weld County Transportation Plan Map as a local gravel road, which requires sixty (60) feet of right-of- way at full build out. There is presently sixty (60) feet of right-of-way. A total of thirty (30) feet from the centerline of Weld County Road 55 shall be delineated on the plat. This road is maintained by Weld County. 2001-1347 RE2952 RE #2952 - HOWARD MANUFACTURING COMPANY, C/O WAYNE HOWARD PAGE 3 G. The applicant shall address the requirements of the Weld County School District RE-7, as stated in a referral response received October 11, 2000. Evidence of such shall be submitted in writing to the Department of Planning Services. H. The applicant shall provide the Department of Planning Services with a certificate from the County Treasurer showing no delinquent taxes for the original parcel (mother parcel) area. The following notes shall be placed on the plat: 1) All proposed or existing structures will meet the minimum setback and offset requirements for the Zone District in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure, as defined and limited to those occupancies listed as groups A, B, E, H, I, M, and R in Table 3-A of the 1997 Uniform Building Code, shall be constructed within a 200-foot radius of any tank battery, or 150- foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery, or 150-foot radius of any wellhead, shall require a variance from the terms of the Section 23-6-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Prior to the release of building permits for Lots A and B, the applicant for the building permit shall be required to submit to the Department of Planning Services, evidence of an adequate water supply of sufficient quality, quantity and dependability. 4) Prior to the release of building permits, the applicant will be required to submit a recorded deed describing the lot upon which the building permit is requested with the building permit application. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 5) Should noxious weeds exist on the property, or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15 of the Weld County Code. 2001-1347 RE2952 RE #2952 - HOWARD MANUFACTURING COMPANY, C/O WAYNE HOWARD PAGE 4 6) Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of the Recorded Exemption process. Approval of this Recorded Exemption does not guarantee approval of future applications on adjacent properties. 7) Weld County's Right To Farm statement, as it appears in the Weld County Code, Appendix 22-E, shall be placed on the Plat. J. The applicant shall submit a copy of a recorded deed for the 160-acre parcel on which Recorded Exemption #2952 is proposed. 5. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 24-8-70 of the Weld County Code. The plat shall be submitted within sixty (60) days from the date of approval by the Weld County Board of Commissioners. The applicant shall be responsible for paying the recording fees. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of May, A.D., 2001. BOARD OF COUNTY COMMISSIONERS E� WELD C NTY, COLORADO ATTEST: 1 �erPfr J. eile, Chair Weld County Clerk to the • re, BY. S� - /p� 3 XCUSED ‘i�` / `�,u l; Glenn Vaad, Pro-Tem Deputy Clerk to the Board �`'"� ryli. H. Jerke� 4PPR ED AS TI�� � vi . Long Aounty Attort� Robert D. Mas en 2001-1347 RE2952 DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1555 N. 17th Avenue, Greeley, CO 80631 WEBSITE:www.co.weld.co.us Phone (970) 353-6100, Ext. 3540 Fax (970) 304-6498 May 9, 2001 Board of County Commissioners Weld County Centennial Center 915 10th Street Greeley, CO 80631 Subject: Recorded Exemptions 2950 and 2952 Dear Commissioners: Howard Manufacturing has two Recorded Exemptions to occur on the SE4 NW4 SW4 NE4 and the SE4 of Section 9, Township 6, Range 64. Recorded Exemption 2950 is located 1/4 south of Weld County Road 72 and 1/4 west of Weld County Road 55. Recorded Exemption 2952 is located north of and adjacent to Weld County Road 70 and west of and adjacent to Weld County Road 55. The total acreage involved in these recorded exemptions and subdivision exemptions is 240 acres. There is a Federal Aviation Administration radar facility currently located on the recorded exemption 2950 site. There are no residences located on the recorded exemption 2952 site. The proposed recorded exemptions, if approved, would create a total of 11 lots located outside of an urban growth boundary. The proposed recorded exemptions are located 7 miles outside of the Town of Eaton. Section 24-2-60 A.Goal 3 of the Weld County Code states: "Discourage urban-scale residential, commercial, and industrial development which is not located adjacent to existing incorporated municipalities." Section 23-3-10 of the Weld County Code states "Agriculture in the county is a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected business, industrial and residential land uses. The proposal does not appear to be consistent with the intent of the Agricultural Zone District. Lot B of RE-2950 and Lot C of RE-2952 contain portions of an existing irrigation circle. The proposed recorded exemptions would allow these lots to be sold separately to another party without irrigation water. The Department of Planning Services offered an alternative layout for the recorded exemptions in which the majority of the irrigation circle would be located on Lot C of a three-lot recorded exemption. The applicants have decided not to pursue this alternative. 2001-1347 Additionally, the recorded exemption process does not require the applicant to provide the same services that subdivisions require. As an example, applicants are not required an internal access that meets county standards and a drainage report is not required to address impacts created by water runoff from multiple residential lots. There is also no public process involved in the recorded exemption process to allow neighboring land owners to comment on the potential impacts of these proposed uses. The applicants have not demonstrated that an adequate legal access exists for all proposed lots to a public road. The proposed configuration of Recorded Exemption 2950 would create two parcels without direct access to public right-of-way. The FAA uses an existing lease to the parcel to the north to access their existing facility. Section 24-8-80.C of the Weld County Code states: "A flag lot configuration shall be avoided when possible." There are no provisions in the Weld County Subdivision Ordinance for the allowance of island lots. For these reasons Planning staff believes that the proposed recorded exemptions evade the statement of purpose as set forth in Section 24-1-30 of the Weld County Code. Planning staff believes that the applications are not in compliance with Section 24-8-40.B of the Weld County Code. For this reason we are requesting the case be reviewed by the Board of County Commissioners. The Department of Planning Services' staff requests that the Board of County Commissioners consider the application and determine if the standards of Sections 11.2 through 11.8 of the Weld County Subdivision Ordinance have been met and adhere to the goals and policies of the Weld County Comprehensive Plan. Sincerely, &.�' /3 stJaaYU+tiav�Chris Gathman Planner WliP C. DEPARTMENTSERVICES RE CORDED EX MPTION COLORADO ADMINISTRATIVE REVIEW PLANNER: Chris Gathman HEARING DATE: May 21, 2001 CASE NUMBER: RE-2952 APPLICANT: Howard Manufacturing Company C/O Wayne Howard ADDRESS: 800 8`"Avenue, Suite 323, Greeley, CO 80631 REQUEST: 3-Lot Recorded Exemption LEGAL DESCRIPTION: SE4 Section 9, Township 6 North, Range 64 West, Weld County, Colorado PARCEL NUMBER: 0801 09 000042 PARCEL SIZE: 160 Acres ZONE DISTRICT: Agricultural WATER SOURCE: Lot A: North Weld County Water District SEWER SOURCE: Septic systems Lot B: North Weld County Water District Lot C: North Weld County Water District or Well The Department of Planning Services'staff has reviewed this request and is recommending denial for the following reasons: 1. The Department of Planning Services'staff has concerns that the applicant has not shown compliance with Section 24-8-40.B of the Weld County Code, as follows: A. Section 24-8-6.3 Consistency with the intent of the zone district the recorded exemption is located within as expressed in Chapter 23 of the Weld County Code. Section 23-3-10 of the Weld County Code states"Agriculture in the county is a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected business, industrial and residential land uses. The A (Agricultural)District is established to maintain and promote agriculture as an essential feature of the county. The A(Agricultural)District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production without the interference of other, incompatible land uses." This recorded exemption along with the other recorded exemption application would create a total of five(5)lots. The Recorded Exemption process does not require the applicant to provide the same services that a subdivision process would require. The applicant is not required to provide an internal road system or any other requirements of a subdivision. There is also no public process involved in which neighboring properties can comment on the proposed land division. This recorded exemption is proposed on"prime"agricultural land as delineated on the 1979 USDA Soil Conservation Service Map. The majority of the parcel is located within an existing irrigation circle . The applicant also owns lands to the south that are within the irrigation circle. Approval of this recorded exemption would separate this 160 acre parcel from the remainder of the land within the existing irrigation circle and would allow the parcels to be sold off separately from the adjacent irrigated lands. This would reduce the viability of these parcels for agricultural production. B. Section 24-8-40 8.4-Consistency with the purpose of efficient and orderly development as expressed in Section 24-1-30 of this Ordinance. 1)Section 24-1-30.A-Assisting Orderly and Integrated Development. Section 24-2-60(A.Goal 3) of the Weld County Code states: "Discourage urban-scale residential, commercial, and industrial development which is not located adjacent to existing incorporated municipalities."The proposed recorded exemptions in addition to existing adjacent recorded exemptions would create a total of eleven lots within this section. This section is not located within an existing intergovernmental agreement area or urban growth boundary and is located approximately seven (7) miles east of Eaton. 2)Section 24-1-30.8. - Promoting the health, safety and general welfare of the residents of the County. The scale of development proposed is greater than a standard Recorded Exemption. Recorded Exemption requirements are not equipped to address the potential impacts of urban scale development created by multiple recorded exemptions. 3) Section 24-1-30.E. - Encouraging well-planned subdivisions by establishing adequate standards for design and improvement. The Recorded Exemption process is not intended to be used in place of the subdivision process when the approval of the recorded exemptions will create several lots in the same area. 4) Section 24-1-30.G. - Safeguarding the interests of the public, the homeowner, and the subdivider. (See above Sections) 5)Section 24-1-30.H. -Securing equitable handling of all subdivision plans by providing uniform procedures and standards. (See above sections) 6)Section 24-1-30.J. -Preserving agricultural land and promoting its most productive agrarian use. The proposed recorded exemption will split off 160 acres from an existing irrigated crop circle which would allow it to be sold off separately without irrigation water for agriculture. C. Section 24-8-80.J-The proposed recorded exemption does not evade the statement of purpose as set forth in Section 24-1-30 of this Chapter. It is the opinion of the Department of Planning Services'staff that the proposed recorded exemptions do in fact evade the statement of purpose as set forth in Section 24-1-30 of the Weld County Code for all of the reasons stated previously. Should the Board of County Commissioners approve this request, the Department of Planning Services' staff recommends the following conditions be attached: 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2. The source of water for your lots is proposed to be a well.You should be aware that the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Because each situation is unique, we encourage you to contact the Office of the State Engineer, Division of Water Resources,to discuss your individual situation.They are located at 1313 Sherman Street, Room 818, Denver, Colorado 80203.Their phone number is 303-866-3581. 3. The Plat shall be titled Recorded Exemption no. 0801-09-4 RE-2952 Howard Manufacturing RE-2952 recommendations 2 4. Prior to recording the plat: A. The applicant shall submit a proposed building envelope for Lot C to the Department of Planning Services for review. Upon approval by the Department of Planning Services, the building envelope shall be delineated on the plat.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. B. In accordance with Weld County Department of Public Works Ordinance#180,Lots A,B and C shall be granted one residential access. Direct access from a public road shall be limited to one access per legal parcel for residential use, no circle drives or additional accesses shall be granted.Access will be placed in such a location as to have adequate sight distance in both directions and not below the crest of a hill or where physical obstructions are present.This access shall be a minimum of 75 feet from any intersecting County or State roadways. C. Lot C shall utilize the existing agricultural /oil and gas / ditch road access points necessary for agricultural operations. No circle drives or additional accesses shall be granted. D. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved access point. If a drainage culvert is required, a 15-inch CMP is the County minimum size. If the applicant chooses to place a larger culvert, please contact the Department of Public Works to adequately size the culvert. E. Weld County Road 70 is designated on the Weld County Transportation Plan Map as a local gravel road, which requires sixty(60)feet of right-of-way at full build out. There is presently sixty(60)feet of right-of-way. A total of thirty (30) feet from the centerline of Weld County Road 70 shall be delineated on the plat. This road is maintained by Weld County. F. Weld County Road 55 is designated on the Weld County Transportation Plan Map as a local gravel road,which requires sixty(60)feet of right-of-way at full build out. There is presently sixty(60)feet of right-of-way. A total of thirty (30) feet from the centerline of Weld County Road 55 shall be delineated on the plat. This road is maintained by Weld County. G. The applicant shall address the requirements of the Weld County RE-7 School District as stated in a referral response received October 11,2000. Evidence of such shall be submitted in writing to the Department of Planning Services. H. The applicant shall provide the Department of Planning Services with a certificate from the County Treasurer showing no delinquent taxes for the original parcel (mother parcel)area. I. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Zoning Ordinance, the required setback is measured from the future right-of-way line. Howard Manufacturing RE-2952 recommendations 3 No building or structure as defined and limited to those occupancies listed as groups A,B,E,H,I,M and R in table 3-A of the 1997 Uniform Building Code, shall be constructed within a 200-foot radius of any tank battery or 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-6-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Prior to the release of building permits for Lots A and B, the applicant for the building permit shall be required to submit to the Department of Planning Services, evidence of adequate water supply of sufficient quality, quantity and dependability. 4) Prior to the release of building permits, the applicant will be required to submit a recorded deed describing the lot upon which the building permit is requested with the building permit application.The legal description on such deed shall include the Lot designation and recorded exemption number. 5) Should noxious weeds exist on the property or become established as a result of the proposed development,the applicant/landowner shall be responsible for controlling the noxious weeds,pursuant to Ordinance 169A. 6) Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of the Recorded Exemption process.Approval of this Recorded Exemption does not guarantee approval of future applications on adjacent properties. 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;odor from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Howard Manufacturing RE-2952 recommendations 4 Weld County covers a land area of over 4,000 square miles in size(twice the State of Delaware)with more than 3,700 miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement,ambulance,and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed,will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient that urban dwellers. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment,ponds and irrigation ditches,electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. 5. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 11.7 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty (60) days from the date of approval by the Department of Planning Services. The applicant shall be responsible for paying the recording fees. 6. Planning Staffs approval of this recorded exemption is based upon satisfying the above conditions. Should the applicant be unwilling or unable to meet any one of these conditions, within 60 days of approval, this case will be forwarded to the Board of County Commissioners with a recommendation for denial. By: ( 1(AJp , itmAad&t,-. Date:_5/9/01_ Chris Gathman - Planner,AICP Howard Manufacturing RE-2952 5 DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue Greeley, CO 80631 Phone (970) 353-6100, Ext. 3540 Fax (970) 304-6498 COLORADO September 29, 2000 Wayne Howard 907 30th Ave Ste 105 Greeley, CO 80631 Subject: RE-2952 A Recorded Exemption located on a parcel of land described as SE4 of Section 9, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado. Dear Mr. Howard: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of the Weld County Subdivision Ordinance, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria,you will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. If you have any questions concerning this matter, please call me. Sincerely, L _ Chris Gathman, A.I.C.P. Planner „,_ � SE 44. l!E!iiipo.Nt,,:f3RD,!iir.:;;:i:.i::;.:,,,,:,,,,:.:::.;,,::::i4,::,,,,,;,, ,$ii,,;: . . ... ..::.:.::.::.... .... . . . . ::.::.:....<............. ...................... Item Comments Check Proper size of plat 24” X 36" or 18" X 24" Boundaries of Lot(s) / _7C— i..;-: ‘''Q' O "11Scale Suitable Scale.ry (Approx. I =200r or I =100)rliv1°dor ! _ Dc, Access indicated Shared access? If so, is Easement Certificate included? 1...../' L. Roads labeled, including R.O.W. ‘./ I r Building Envelope(s) SND►CITE P+CREKS 4...------" _TA�E soS,rn'F Vicinity Map Suitable Scale? (Approx. 1"=2000'); Not on SE Da WE North Arrow Legal Description e./ dotes from Planner/ Mottos 3 C adldtr "C")-)of c: .s c Jc rw+4J.. v .at a• - Development Standards i Conditions Of Approval hstick f i° DK B4�. EA./does--. r f completed? 4.).t.,\& CAS� P.E.--7 Sciool 35. IA r W "{Icy., o 0.Kt.S 7 61 Q0�O� Owner's Certificate Notarial Certificate included? If deed indicates twoC___ . c:1461-- owners,have both signed the plat? earcAN•tii S Surveyor's Certificate, All surveyed plats are N 4 Surveyor's stamp Note: USR plats do not need to be surveyed rr Director of Planning Certificate Notarial Certificate included? (RE,SE. SPR, Final PUD, if Staff Approved) AIM Planning Commission Certificate (USR's,COZ,) N/A Board Certificate (USR's, COZ. Final PUD but not if it was Staff approved) /y;,y��� *RE,SE&ZP.'VIH,if Board approved. \` i1, Typical Road Cross Section If a COZ, Final PUD N/A Easements If Final PUD H /A Please return the pint to CAD Tech. within 24 hours of receiving the plat. Ni ii Planner On Call: (Initials) / f4 A.,to IZZ /0Z1 1vic:,�ACA. •Planner Signature: 1 Date: ova �eS —DoV �l e� .P-E- C1Ca- �,+�ctC,h V S. 2-9 So c..D�P� re c„�s�O1„ FIELD CHECK inspection date: 5/23/00 CASE NUMBER: R5— APPLICANT: WajVUL N ..3 1 LEGAL DESCRIPTION: LOCATION: of and adjacent to Weld County Road Zoning. Land:Use N A :'Agricultural) N c1co0 aAAd... E A (Agricultural) E f (50A awl I. �C ropl a,Aot S A (Agricultural) S cc.0 \C&A1 re5,' W A (Agricultural) W co _ J.f Cropto,oZ COMMENTS: RC: ► S I A, Scc v b tL h N04347‘o . S aL Cocca.' o± - no‘-- tQJ--v‘ emsA - t_ pc-0 • jjelt/c70 , Chris Gathrnan, Current Planner APPLICATION FLOW SHEET COLORADO APPLICANT: Howard Manufacturing / Wayne Howard CASE #: RE-2952 REQUEST: Three Lot Recorded Exemption LEGAL: SE4 of Section 9, T6N , R64W LOCATION : North of and adjacent to WCR 70; west of and adjacent to WCR 55 PARCEL ID #: 0801 09 000042 ACRES :,89' ((vO Date By Application Received 9/11 /00 sl Application Completed 9/11 /00 sl Referrals listed 9/27/00 wi for cg Design Review Meeting (PUD) File assembled /047/00 0)47 ! 1 FS Letter to applicant mailed t 4'l / / /PP If 1/ ��tll; Referrals mailed / ( lQ A Chaindexed /r/34 Vicinity map prepared Field check by DPS staff Administrative Review decision: Date By ta County Commisioners Hearing Date (if applicable) Srt1101 Afrou Surrounding property owners notified Air photo and maps prepared 47 X74 CC action: CC resolution received Recorded on maps and filed 3-47002- - Overlay Districts Road Impact Fee Are Zoning Yes No Airport No SW Weld_ #1 #2 #3_ Geologic Yes No Windsor Flood Hazard Yes No Panel #15b( p(p (l.C,j_ 35 N. 17th Avenue, Greeley, Colorado 86. i Phone (970) 353-6100, Ext. 3540 - Fax#(970) 304-6498 APPLICATION FOR RECORDED EXEMPTION �� � ���/f00 ,. Application Fee j9O vc Receipt Number Case Number 0-_-(--)c-1,5",.. Recording Fee /n °" Zoning District Application Checked By R eipt Number Planner Assigned to Case TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures). I (we), the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners. Legal Description: SE % , S9,T6N, R64W Total Acreage: 160 Zoning AG Parcel Number 0 8 0 1 0 9 0 0 0 0 4 2 ___ (12 digit number - found on Tax I.D. Information or obtained at the Assessor's Office). Has this property been divided from or had divided from it any other property since August 30, 1972? Yes X No Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes X No Does the parcel of land under consideration lie in any of the following Overlay Districts? Flood Hazard: Yes_ No X ; Airport: Yes_ No X ; Geological Hazard: Yes_ No X FEE OWNERS OF PROPERTY Name: Howard Manufacturing Company Home Phone# 303-694-6781 Work Phone# Address: 8166 S. Adams Way City/State/Zip Code Littleton, CO 80122 Applicant or Authorized Agent: Wayne Howard Phone# 353-0982 Address: 907 30'"Ave., Ste. 105 City/State/Zip Code Greeley, CO 80634-5100 Name: Home Phone# Work Phone# Address: City/State/Zip Code Larger Parcel Smaller Parcel Smaller Parcel Applicable only for 3-lot Recorded Exemption Water Source Well/or NWCWD Tap NWCWD Tap NWCWD Tap Type of Sewer Septic Septic Septic Proposed Use Agriculture Residential Residential Acreage 140.0* 10.0± 10* Existing Dwellings No No No Yes or No Existing Dwellings Address (if applicable): Larger Parcel None Smaller Parcel None Smaller Parcel( applicable only for 3-lot Recorded Exemption) None I hereby state that all statements, proposals, or plans submitted with this application are true and correct to the best'of my knowledge. ✓/�/�/ Rev: 1-27-97 gnat e: Owner or Authorized ent 6 RECORDED EXEMPTION OUESTIONAIRE SE'/ Section 9, T6N, R64W 1)a) Domestic Use: The two smaller parcels currently have the availability of a water tap from the North Weld County Water District as per letter from the Water District. The larger parcel will also be large enough to apply for either a domestic well or water tap if necessary. b) Irrigation Water: Both smaller parcels are presently non-irrigated dry land grazing and will remain non-irrigated. The larger parcel will remain both partially sprinkler irrigated and dry land grazing. 2) None of the existing parcels currently have building improvements. Soil types for all three parcels will adequately support septic systems as required by the Weld County Health Department. 3) The property is currently being operated as a sprinkler irrigated farm and dry land grazing operation. It consists of approximately 60 acres of prime farmland and 100 acres of non-prime grazing land, as defined by the Weld County Comprehensive Plan. 4) Because the highest and best use of the land has changed, the owner wishes to sell the less productive dry grazing land to reduce debt and maximize highest and best use of the parcels. 5) The subject parcels are located south east of Galeton, on rural WCR 55 north of WCR 70. The two smaller parcels will be approximately 10.0 acres each, while the larger parcel will be approximately 140 acres. The area in which the new parcels will be created consists of predominately irrigated farms from 80-160 acres with some scattered small rural residential 5-10 acre tracts. 6) There are no unique physical characteristics on the site that need to be addressed. 7) There are no existing structures on any of the parcels. Any future building would require that all future setback requirements be met when building permits are applied for. 8) Because of time constraints and potential financial consequences,the owner does not wish to pursue a conservation easement at this time. 9) There will be a building envelope designated on the larger parcel but not on the two smaller parcels since both are located on non prime grazing dry land. Neither of the smaller parcels will take any prime agricultural land out of production. The larger parcel has one area that would be acceptable for a future home site that is non- irrigated and would not detract from its agricultural production. 10) The proposed partitioning of this property is consistent with the Weld County Comprehensive plan and will not detract from its long-range goals or any other intergovernmental agreements. 11) The proposed uses of all parcels will be compatible with existing surrounding land uses. Both smaller parcels will be used as rural residential home sites with agricultural uses. 12)The proposed partitioning of the property is consistent with the intent of the agricultural district as expressed in the amended Weld County Zoning Ordinance, and the Weld County Comprehensive Plan. All parcels will remain zoned agriculture and will allow utilization of each parcel's highest and best use. 13) The proposed partitioning of the property is consistent with efficient and orderly development as defined in the Weld County Subdivision Ordinance, Section 1.3. It will not create any known hazards or environmental problems to the community. (et 6 ----"•:;,\\ RECEIVE[ OCT 5 2000 pu WELD COUNTY "lipWeld County ReTer lEPT C. COLORADO • September 29, 2000 The Weld County Department of Planning Services has received the following item for review: i Applicant Howard Manufacturing Case Number RE-2952 Company Planner Chris Gathman I Please Reply By October 23, 2000 Project Three-Lot Recorded Exemption I Legal SE4 Section 9, Township 6 North, Range 64 West of the 6th P.M.,Weld County, Colorado. Location North of and adjacent to WCR 70 west of and adjacent to WCR 55. For a more l precise location, see legal. Parcel Number 0801 09 000042 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. D We have reviewed the request and find that it does/does not comply with our Comprehensive Plan O We have reviewed the request and find no conflicts with our interests. ASee attached letter. Comments: Signature r l anitel (0 -- ri - ego Agency Ri tit U 1` -Th Date +Weld County Planning Dept. 41555 N. 17th Ave. Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax striRa MEMORANDUM TO: Chris Gathman, Planner I DATE: October 23, 2000 II I FROM: Donald Carroll, Engineering Administrator C SUBJECT: RE-2952, Howard Manufacturing Company o• c nunsty Planning Dept. COLORADO �e i 2000 The Weld County Public Works Department has reviewed this proposal. This projO > I4 pr ana t r c under the Weld County Recorded Exemption Standards. Our comments and requirerfferirs areas follows: COMMENTS: WCR 55 is designated on the Transportation Plan Map as a local gravel road,which requires a 60- foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (Ordinance 89, as amended), the required setback is measured from the future right-of-way line. WCR 70 is designated on the Transportation Plan Map as a local gravel road,which requires a 60- foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (Ordinance 89, as amended), the required setback is measured from the future right-of-way line. REQUIREMENTS: The Weld County Public Works Department has concerns with avoiding the subdivision process. The applicant has three recorded exemption cases within the same section adjacent to each other. The access shall be placed in such a location to have adequate sight distance in both directions and not below the crest of a hill or where physical obstructions are present. (Lots A and B) If a drainage culvert is required, a 15-inch corrugated metal pipe is the County's minimum size requirement. If the applicant chooses to place a larger culvert, please contact the Public Works Department to adequately size your culvert. (Lots A and B) Direct access from a public road shall be limited; only one access is allowed per legal residential parcel. No circle drives will be allowed. This policy shall apply to all new and existing accesses within the unincorporated areas of Weld County. Properties within municipalities or other counties that access Weld County roads are also subject to this policy. (Lots A and B) Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation. No additional accesses shall be granted. (Lot C) Pursuant to Ordinance 169A, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. pc: RE-2952 plan4re.wpd Road File# 55 ... RE: -� -,;.„..--. Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: 9/1/2000 1 1 1 1 H Street,P.O.Box 758, Greeley,CO 80632 Phone: (970)356-4000,Ext 3750 Fax: (970)304-6497 1. Applicant Name Wayne Howard,Agent Phone 353-0982 Address 907 30'Ave.,Ste. 105 City Greeley State CO Zip 80634-5100 2. Address or location of access .4 miles North of WCR 70 on WCR 53 Section 9 Township 6N Range 64W Subdivision Block Lot Weld County Road # 55 Side of Road West Distance from nearest intersection .4 miles South 3. Is there an existing access to the property.? Yes X No #of accesses J 4. Proposed Use: LI Permanent ® Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial LI Other ********************************************************************************************************** 5. Site Sketch N Legend for Access Description: AG= Agricultural RES = Residential WCR 72L TT O&G= Oil&Gas D.R. = Ditch Road I WCR 53 WCR 55 —, RES -- AG - RES I I - I I WCR 70 AG RES • I- ..........................•..... OFFICE USE E ONLY: Road ADT .7:-' l Date j - -'` ' Accidents Date Road r) ADT Date - .z Accidents Date Drainage Requirement Culvert Size Length Special Conditions *********************************************************************************************************** ❑ Installation authorized ❑ Information Insufficient Reviewed By: Title: 8 Kicf: ‘,-- „-- Memorandum TO: Chris Gathman DATE: October 17, 2000 ' FROM: Sheble McConnell g e, Environmental Health O II COLORADO• SUBJECT: Howard Manufacturing Company CASE: RE-2952 Environmental Health Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed home septic system(s) and shall be installed according to the Weld County Individual Sewage Disposal Regulations. SM/ske/re-2952 ,Vc(d `. Gaunt;/ Pl nr';I'rtg {.-)Op i C !:7, .e3a n` o ' ' k.. r1/2'' �4, .. 4M, r `;. a • !wily C. Weld County Referral COLORADO September 29, 2000 The Weld County Department of Planning Services has received the following item for review: Applicant Howard Manufacturing Case Number RE-2952 Company Please Reply By October 23, 2000 Planner Chris Gathman - Project Three-Lot Recorded Exemption Legal SE4 Section 9, Township 6 North, Range 64 West of the 6th P.M., Weld County, t Colorado. Location North of and adjacent to WCR 70 west of and adjacent to WCR 55. For a more 4 precise location, see legal. Parcel Number 0801 09 000042 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. :7 See attached letter. Comments: Signature /a —7 -eoD Agency Platte Valley S. . Weld RE-7 Date ++Weld County Planning Dept. •.1555 N. 17th Ave.Greeley,CO. 80631 •'(970)353-6100 ext.3540 4.(970)304-6498 fax c7latte 9)a/icy @Schools WELD COUNTY DISTRICT RE-7 P.O. BOX 485 - KERSEY, COLORADO 80644 -970/336-8500- FAX 970/336-85 I I E.GLENN McCLAIN,SUAERINTENDENT in6Oep1. Weld County 'Munn 1A2000 1‘�r October 9, 2000 RE C E t ts1 EQ Weld County Planning Department 1555 N. 17th Avenue ' Greeley, CO 80631 RE: Land Dedication The Board of Education of Platte Valley School District, Weld`13E 7 passed the attached land dedication, cash-in-lieu policy at the March 13, 2000 meeting. This policy addresses new developments and recorded exemptions that would affect the district: The policy is specifically intended for land use that will be a new residence. This policy is an effort to assist the district in mitigating the increasing capital cost of growth. Please forward this information to potential land developers and individuals requesting recorded exemptions so that they may make arrangementt with the school district to satisfy the requirements of the policy: The district also requests that the land developer contact the school in regard to transportation. If the intended use is for a residence then consideration for school bus stop needs to be examined. Please call Glenn McClain or Michael Baffle if you have any questions. Sincerely, E. Glenn McClain, Jr. Superintendent �'_ t 6th/cation. . . cLettiAtct° (eta Si. RESOLUTION OF THE BOARD OF EDUCATION OF PLATTE VALLEY SCHOOL DISTRICT RE-7 WHEREAS, growth in residential land development and the construction of new residential dwellings within the boundaries of the Weld County School District -7 (the "District")necessitates the acquisition of additional public school sites to accommodate the corresponding increases in student populations; and WHEREAS, requiring land dedications for public school sites, or payments in lieu of land dedications will provide a portion of the land to meet such demand; and WHEREAS, planning department's within the various local governments that have territory within the ttitru,t ritntincly rifer iipplh uliuii i tclatiue to RGw development for review and comments concerning the adequacy of public school sites and facilities; and WHEREAS, local governments are encouraged and authorized to cooperate with other units of government, pursuant to Section 29-20-105, C.R.S., for the purpose of planning or regulating the development of land, including,but not limited to, the joint exercise of planning, :coning, subdivision, building, and related regulations;and WHEREAS, in an effort to promote further cooperation between the District and other local governments in connection with the issuance of residential land development approvals, and in the mitigation of the impacts of such residential land development approvals on the District's ability toprovide adequate ��cschool,ts to she uch local govstrict has ernmened nts nts to adopt a uniform policy with pee in the referral process; and WHEREAS, the District has determined that the mitigation of the impacts of such residential land development approvals should occur through the dedication of land for school sites,or the payment of funds in lieu of such dedication; and WHEREAS, the policy set forth within constitutes a reasonable and uniform method of ensuring that new residential construction and residential development bear a proportionate share of the cost of public school sites acquisition necessary to accommodate the educational service capacity demands of the residents who will be living in the new dwelling units; NOW, WHEREFORE, the Board of Education of Weld County School District RE-7 hereby results as follows: }_ Coo ration with Local Govertrne E coura ed. The ability of the District to provide adequate educational opportunities for its student population is dependent upon, among other matters, the availability of adequate land, or in the alternative the availability of funds to purchase adequate land. Since the approval of residential land development applications by local governments with territory within the boundaries of the District substantially impacts the District's ability to meet its obligations to the public, the District shall encourage and request that such local government entities refer to the District all residential land development applications for review and comments concerning the adequacy of public school sites and facilities. Further,the District shall encourage and request that such local governmenes consider the e District's.. ist ict's'residential comments in conjunction with the review and processing development application,and cooperate with the District in regard to the mitigation measures established in this Resolution. The District shall promptly review the referred development application and promptly submit its comments, recommendations and requests consistent with the policy set forth in this Resolution,to the appropriate local government. 2. Land Dedication Re uirements. In connection with any pending or new application for residential land development to any local government with territory within the boundaries of the District,the District shall recommend and request that the following land dedication standards be imposed by such local government as a condition of development approval, except to the extent that the District, through its Superintendent or designee,has determined that the best interests of the District would be served by the payment of the fees set forth in paragraph 3 hereof, in lieu of such land dedication. Land shall be dedicated to the District in an amount equal to the greater of: (a) 10 percent of the total size of the approved development,or(b)calculated at the rate of two acres for every 1,000 new residents reasonably projected by the District far the development. 3. Fees in Lieu of Dedication. In the event the District, through its Superintendent or designee,determines that dedication of land is not in the best interests of the District, the District shall recommend and request that the following fees be paid in lieu of such land dedication,as a condition of approval of the development cache application by the local government. The fees shall be calculated as follows: ( ) for 5420 for single-fancily residence; fam ib)sS585 for each unit in a truc;ture other duplexes orPlex or tnplcxes,triplex; and(c) each unit in a m Y 4. In-Kind Contributions. The District shall he authorized to accept in find contributions in satisfaction of the requirements set forth in either paragraph hereof, provided that such in-kind contributions represent a fair equivalent in terms of value which would otherwise be realized under the policy set forth in such paragraphs. 5. } a d Dedication Procedures. In the event that the District determines that land uest should he dedicated to the District,the District tn�tha�t dzc local govrecommeernme and nt cequiretProof that at before recording the final plat for any development, the prosy owner has conveyed title to the District by general warranty tdeed.ing by and clear of all liens, encumbrances and exceptions(except those approved 2 District),including, without limitation,real property taxes,which shall be prorated to the date of the conveyance. The property owner shall also provide a title insurance conumtment and policy in an amount equal to the fair market value ef_the dedicated property. 6. Fees in Lieu of Dedication Procedures. In the event that the District determines that fees should be paid in lieu of dedication of land,the District shall recommend and request that before recording the efinal wnerhats for any devaidelopment, lin pfull tot the t the local government require proof that the property District the applicable fee based on the total number of residential ed lu�s ptroposed for and development, or alternatively,that an agreement a party in interest acceptable to the District which provides for a means of payment of such fees upon such terms and conditions as the e parties may mutually h m rite, fpo the fees shall be an acceptable method of payment,for purposes to be paid as building permits are issued. 6. Exemptions. The District has determined that the following types of residential development do not have an adverse effect on the Districts ability to provide adequate educational facilities; accordingly they art exempt from land dedication requirements or fees to be paid in lieu of land dedication_ (a)alteration or expansion or replacement of a residential dwelling unit not exceeding an increase of 1000 square feet over the existing dwelling;(b)assisted living facilities for the elderly; (e)construction of any building or structure intended for and used for limited tenns stays,including by way of example and not by way of limitation,bed and breakfasts,hotels, family-care or group-care homes, hoarding or rooming houses,nursing homes, hotels. motels or hospices; (d) constniction of any non-residential building or structure; and (e) construction of any residential building or structure classified as housing for older persons, pursuant to the Federal Fair Housing Act then in effect 7. Use of Funds. The District shall hold or deposit in trust for public school sites all lands or funds it receives in connection with the application of the policy set !forth in this Resolution. With respect to funds received,the District shall use such funds solely for acquisition, development,or expansion of public school sites or for capital facilities planning, sites acquisition,or capital outlay purposes. The timing,nature, method and extent of such planning,acquisition, development or outlay shall be at the discretion of the District. g. Acrottrttns for lledtcattons or Fees. The District shall cause to be included within its annual audit a summary and description of the status of receipts of land or fees in lieu of land dedication,so that full disclosure of the District's activities with respect to such receipts may be made public. 9. Further Actions. The District hereby authorizes its Superintendent, and such other of he District the erintendent to agents o orcontact consultants governmenttntities withpterritory locatedll so wi within the designate, to proceed to boundaries of the District in order to inform such entities of the District's adopted policy. 3 1 ur her, in order to ensure the long-term integrity of the policy set forth in this Resolution, such parties are authorized to proceed to negotiations with such entities directed towards achieving a formal written agreement with respect to the cooperation between such local governments and the District ADOPTED THIS L3 DAY OFMch...2000_ PLATTE VALLEY SCHOOL DISTRICT WELD COUNTY RE-7 By: President, Board of Education ATTEST By: Secretary, Board of Education • Tip- p Weld County Referral COLORADO September 29, 2000 The Weld County Department of Planning Services has received the following item for review: Applicant Howard Manufacturing Case Number RE-2952 Company Please Reply By October 23, 2000 Planner Chris Gathman Project Three-Lot Recorded Exemption Legal SE4 Section 9, Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado. Location North of and adjacent to WCR 70 west of and adjacent to WCR 55. For a more precise location, see legal. Parcel Number 0801 09 000042 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: \\.s\ x'11►1, \ cr( -H cam- N C:(7)o}'�ni Lux-let Lai;Y€.- ree -i!: LL ritru Signature ! t t Agency � &-lr �� 1 r 1(� ftp., l Y4 v � iC��F , Date t :.Weld County Planning Dept. ❖1555 N. 17th Ave. Greeley, CO.80631 ❖(970)353-6100 ext.3540 ❖(970)304-6498 fax r • i Y • f i' 1- 1 1 1.1 • 1; �. . ' ti n 1 ry r f . t •I }1 Fy.4F I I ;_i • X71 _ R a .. CERTIFICATE OF.CONVEYANCES WELD COUNTY DEPARTMENT OF PLANNING SERVICES STATE OF COLORADO COUNTY OF WELD . The TRANSNATION TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972,and the most recent deed recorded prior to August 30, 1972. • LEGAL DESCRIPTION: SEE ATTACHED EXHIBIT "A" • CONVEYANCES (if none appear, so state): • f 1084021 Book 1272 Page 119 Reception No. Book 759 Reception No. 1680526 ,,Book Reception No. ,Book Reception No. ,Book Reception No. ,Book Reception No. Book Reception No. ,,Book Reception No. The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. tle, nor a This certificateily isTRANSNATION to constructed aINSUR Abstract of Title nor an COMPANY, ision of herebyflimited to guarantee he fe paid for this the liability of Certificate. . • In Witness Whereof, TRANSNATION TITLE INSURANCE COMPANY, has caused at is cen this �Aate to be signed by its proper officer this 28th day of August , 2000 TRANSNATION TITLE INSURANCE COMPANY ORDER NO. 85136.52 Company Page 1 of 2 By' Aut oriz Signature EXHIBIT "A" All of Section 9 , Township 6 North , Range 64 West of the 6th P . M . County of Weld , State of Colorado . EXCEPTING THEREFROM any part lying within Amended Recorded Exemption No . 0801- 09- 2-AMRE790 , recorded August 23 , 1999 in the NW 1/4 of the NE 1/4 and the NE 1/4 of the NW 1/4 ; ALSO EXCEPTING THEREFROM any part lying within Recorded Exemption No . 801- 09- 3-RE2571 , recorded March 24 , 2000 as Reception No . 2757473 in the W 1/2 of the SW 1/4 ; ALSO EXCEPTING THEREFROM any part lying within Recorded Exemption No . 0801- 09- 2-RE2743 , recorded June 20 , 2000 as Reception No . 2775804 in the W 1/2 of the NW 1/4 . Page 2 of 2 ORDER NO . 8513652 It I ', HOWARD MFG RE 1,1 t N . SMALLER PARCEL 10 ACRES I, , m; LARGER PARCEL 140 ACRES WitAt `-. h',0.11;e ,�. MALLER PARCEL 10 ACRES ._gym--.E7ncv;;'n _..._=m�:...�. ..:"::.:'�'* >CIYC.C [7 ' —----========—:) P 6 9 n T ,- O S o 1999 Dei4me. Steal Atlas USA S.,_, Road File# RE: Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SKEET Weld County Public Works Department Date: 9/1/2000 1111 H Street,P.O. Box 758, Greeley,CO 80632 Phone: (970)356-4000,Ext.3750 Fax: (970)304-6497 1. Applicant Name Wayne Howard,Agent Phone 353-0982 Address 907 30th Ave..Ste. 105 City Greeley State CO Zip 80634-5100 2. Address or location of access .4 miles North of WCR 70 on WCR 53 Section 9 Township 6N Range 64W Subdivision Block Lot Weld County Road # 55 Side of Road West Distance from nearest intersection .4 miles South 3. Is there an existing access to the property? Yes X No #of accesses 5 4. Proposed Use: U Permanent Eifl Residential/Agricultural U Industrial ❑ Temporary U Subdivision ❑ Commercial ❑ Other ****************************************************************iii*************************************** 5. Site Sketch N� Legend for Access Description:AG= Agricultural I . ,�{�� RES = Residential l WCR 72 O&G= Oil&Gas D.R. = Ditch Road WCR 53 WCR 55 — RES — AG — RES 1 I WCR 70 AG RES *********************************************************************************************************** OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions *********************►************************************************************************************* ❑ Installation authorized ❑ Information Insufficient Reviewed By: Title: 8 RE -2950 & 2952 Vicinity Map , \ ___J L \ WC.Tt. 12. p .r �Lot A Lot A __ a i AMRE-730 Lot B RE-2951 — 1 Proposed) RE-2743 tot* i (o0B R 2 0 Lot B p i ot:E# �. 10 1 10 c E.itA' g -2571 <,/ . Parcels Irrigateshp ($99) /Creeks!Streams/Intermittent Lakes/Rivers Lot B • Text Section Text Assessors Code f KO: [-1 Town/Range Grid GIS Sections Lot A - ' LOt a County Boundary i �� N i W ----; I E 0.6 0 0.6 1.2 Miles S a Y y- r f • i • 4O.,x, .. 41 , 1 , , . , .,,,r.'llis:,,,,, ,,,. ' ' , . ,_A.,,,,..,, ,, k. If •. ^bMy�rt OtS h¢' ` w A i •{ T Y s yF wil "::.:- '''''''' ' ' ' ''? .#(1-n.t'it*V",T F� �' N 'iT i. a y{: Y ,¢ya r Ada a 4s •� 05 ae r. 99Sf4 i?I • y 8 4 's ✓1 x 4SC" BOARD OF DIRECTORS NORTH WELD CL NTY WATER DISTRICT GARY SIMPSON 33247 HIGHWAY 85 • LUCERNE CO 80646 ERNEST ROSS _ W.M.McKAY DON POSSELT,DISTRICT MANAGER CHARLES ACHZIGER ROBERT ARNBRECHT p.O.BOX 56 • PHONE(970)356-3020 • FAX(970)395-0997 • e-mail:nwcwd@bwn.net September 7,2000 Howard Manufacturing Agent: Wayne Howard ' C/o Terra West Real Estate 907 30'"Ave.,Suite 105 Greeley,CO 80634-5100 (970)353-0982 This letter is in response to your inquiry regarding water service to the following described property, Approximately 34041 WCR 55,in a portion of the E'h of the SE Y4 of Section 9,T6N,R64W of the 6'"Prime Meridian 1. Water service is presently being provided to the above described property. 2.North Weld County Water District is able and intends to provide water service to the above mentioned property, provided all requirements of the District are satisfied. If contracts have not been completed with North Weld County Water District within one year from the date of this letter,this letter shall become null and void. The Tap Fees quoted below,shall be valid for ten(10)business days from the date the applicant receives this letter. After ten days,the costs will be subject to the current cost established by the District. The applicant can avoid the Raw Water portion of the Tap Fee,by permanently transferring one unit of Colorado Big Thompson(CBT)Water to the District. TAP FEES INSTALLATION COST ESTIMATE Raw Water for an Acre-Foot Unit(AFU) $14,000 Meter Set $TBD Base Portion of Plant Investment Fee $5,000 Range: $500-$2,500 Distance Portion of Plant Investment Fee $2,400 TOTAL COSTS $21,400 - $TBD Before a water tap may be purchased,the applicant must provide a copy of a Warranty Deed,and Physical Address. The applicant should also bring a copy of a surveyed plat of the property(required for a recorded exemption)and this letter. After the water tap has been purchased(Raw Water AFU&Plant Investment Fee)the applicant has one year in which to have the meter set. The District requires 45 days prior notice to setting a meter. If the meter has not been set within one year from the purchase of such meter,the District shall refund the applicant 75%of the purchase price that was paid by the applicant. If any line extensions,road bores or additional installation costs are estimated to be more than$5,000,then Proof that"Loan Funds or a Line of Credit"are Available and ready to reimburse the District at the time of completion,for 110%of the estimated cost. The applicant will pay such costs before the tap is activated (water is turned on). Water tap/service shall be placed on the physical property, defined by a legal description. In case of a Recorded Exemption,the water tap shall be located on the physical property of the Recorded exemption defined by a legal description before a water tap/service will be transferred from seller to buyer. The District recommends that anticipated water usage be purchased through the District. The District guarantees treatment and delivery of water purchased. All rental water and water that is delivered with surcharge is subject to water availability and will be issued on a first come-first serve basis and is not guaranteed to be available. The District requires that 1 Acre-Foot Unit(AFU)is purchased. With 1 AFU purchased any usage beyond 228,000 gallons will be in surcharge, The Plant Investment Fee shown above pays for the infrastructure required to deliver I AFU(228,000 gallons). If usage exceeds the number of Plant Investment Fees that were purchased,additional charges will be applied to your account. Man Overton North Weld County Water District U:\regal Documents\Letter of Inten62000\HnwardMfg55&70s(9-7-00)dac Hello