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Home My WebLink About20012617.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION #2818 -CLINT DEPORTER WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, pursuant to its authority under Section 30-28-101(10)(d), C.R.S., did determine at a public meeting held in the Chambers of the Board, that a certain parcel of land, to be divided into two parcels, as shown on the plat known as Recorded Exemption #2818, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land," and WHEREAS, the request for Recorded Exemption #2818 was submitted by Clint DePorter, 14503 Weld County Road 108, Nunn, Colorado 80648, for property which is located in part on the following described real estate, to-wit: S1/2 SE1/4 of Section 6, Township 10 North, Range 66 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 74 acres and 6 acres. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove described parcel of land be, and hereby is, exempt from the definition of the terms, "subdivision" and "subdivided land." BE IT FURTHER RESOLVED by the Board that Recorded Exemption #2818 by Clint DePorter 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 private wells. 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, at 1313 Sherman Street, Room 818, Denver, Colorado 80203, or call 303-866-3581, to discuss this individual situation. 3. The plat shall be titled: Recorded Exemption No. 0301-06-1 RE-2818. �� 2001-2617 x' ; 1 /1/0/0) RE2818 RE #2818 - CLINT DEPORTER PAGE 2 4. Prior to recording the plat: A. The applicant shall provide the Department of Planning Services with a signed original acknowledging that he was not required to include all three hundred twenty (320) acres of land in this Recorded Exemption, and by including this entire parcel in this application, the land will be subject to the ten-year time frame for further Recorded Exemptions. (Reference letter to applicant dated August 4, 2000.) Should the applicant desire to subdivide the land into an eighty (80) acre parcel and divide the land into two parcels, the applicant shall submit a letter to the Department of Planning Services so stating. Further, the applicant shall provide a photocopy of the recorded Deed describing the newly created parcel. B. The applicant shall submit a joint ownership, access and/or operation maintenance agreement for the shared well. This agreement shall be delineated on the plat and an appropriate certificate using the language set forth in Appendix 22-F.E of the Weld County Code shall be included. C. In accordance with Chapter 8, Article II, Lot A shall be granted one residential/agricultural 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. The road shall be graded and drained to provide all-weather access. Accesses shall be placed in such a location as to have adequate sight distance in both directions, shall not be placed below the crest of a hill, or where physical obstructions are present. D. Lot B shall use the existing residential/agricultural/oil and gas/ditch road accesses necessary for agricultural operations as no additional accesses shall be granted. E. In accordance with Section 24-7-50.J, a flag lot configuration shall be avoided when possible. The minimum width of a flag lot appendage shall be thirty (30) feet. F. 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, contact the Weld County Department of Public Works to adequately size the culvert. G. Weld County Road 120 is designated on the Weld County Transportation Plan Map as a collector status road, which requires eighty (80) feet of right-of-way at full build out. There is presently sixty (60) feet of right-of- way. A total of forty (40) feet from the centerline of Weld County 2001-2617 RE2818 RE #2818 - CLINT DEPORTER PAGE 3 Road 120 shall be delineated on the plat as right-of-way reservation for future expansion of Weld County Road 120. This road is maintained by Weld County. H. The property is in violation of the Weld County Code for a non- commercial junkyard consisting of one large pile of miscellaneous metal scrap and wood. This pile shall be removed from the property or screened from adjacent properties and public rights-of-way to be in compliance with the Weld County Code. The applicant shall schedule a final inspection with the Planner of Record and submit a copy of the closure letter indicating compliance with the Weld County Code. The stone homestead structure on site is in violation of Section 29 of the Weld County Code. Section 29-2-11 0.B. states "any building or portion thereof; including any dwelling unit, guest room or suite of rooms, or the premises on which the same is located, and mobile home, manufactured home or factory-built home in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety or welfare of the public or the current or future occupants thereof, shall be deemed and hereby is declared to be a substandard building. All substandard buildings, structures or appendages are considered to be a violation of this Building Code and shall be abated by repair, rehabilitation, demolition or removal. As an alternative, the Building Official may institute any other appropriate action to prevent, restrain, correct or abate the violation. Further, Section 29-11-40 discusses Dangerous Buildings. "All buildings, structures or portions thereof which are determined after inspection by the Building Official to be dangerous according to the provisions of Chapter 3 of the Uniform Code for the Abatement of Dangerous Buildings, as adopted in Section 29-2-60 of this Chapter, are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in said Uniform Code for the Abatement of Dangerous Buildings." At a minimum, the applicant shall board all windows, including points of ingress and egress to secure this structure from vandalism and illegal entry. The structure's roof is near collapse, as such the structure is declared to be unsuitable for habitation and poses a threat to the health safety and welfare of the neighbors and citizens of the County. 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: 2001-2617 RE2818 RE #2818 - CLINT DEPORTER PAGE 4 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, F, 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 the Lot has an adequate water supply of sufficient quality, quantity and dependability. 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) 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. 5. 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. 2001-2617 RE2818 RE #2818 - CLINT DEPORTER PAGE 5 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of September, A.D., 2001. BOARD OF COUNTY COMMISSIONERS � �` WELD NTY, COLORADO ATTEST: ��e J / / < `�J' Q'L eile, Chair Weld County Clerk to the i� •' .'` XCUSED i sir. `Glenn Vaad, Pro-Tem BY: /i_ ��A z�JI/ i n \4 , ` ` Deputy Clerk to the Boarder r%� .-t �i ti i-- `- William erke APPR7D AS r M: or a "d E. ong ounty Atto new • Robert . Masden Date of signature: 9,a� 2001-2617 RE2818 W I DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION COLORADO ADMINISTRATIVE REVIEW PLANNER: Kim Ogle HEARING DATE: September 17, 2001 CASE NUMBER: RE-2818 APPLICANT: Clint DePorter do Ken Lind of Lind Lawrence & Ottenhoff LLP ADDRESS: 1011 Eleventh Avenue, Greeley, CO 80632 REQUEST: Two Lot Recorded Exemption LEGAL DESCRIPTION: S2 SE4 of Section 6, Township 10 North Range 66 West of the 6TH P.M., Weld County, CO PARCEL NUMBER: 0301 06 000016 PARCEL SIZE: Eighty (80) acres ZONE DISTRICT: Agricultural WATER SOURCE: Private Well 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. The Department of Planning Services'staff has concerns with the following criteria as listed in Section 24-8-40.6.1 through 24-8-40.B.6 of the Weld County Code: A. Section 24-8-40.8.4 - Consistency with the purpose of efficient and orderly development as expressed in Section 24-1-30 of the Weld County Code. The Department of Planning Services has concerns regarding further subdivision of the parcel in question. The creation of a flag pole lot neither meets the intent of the Weld County Code nor does it follow accepted planning practices. The applicant's decision to locate the flagpole leg of the land division in the middle of the parcel is not consistent with efficient and orderly development as stated in Section 24-1-30 of the Weld County Code. 1) Section 24-1-30.8-Promoting the health, safety, and general welfare of the residents of the County. 2) Section 24-1-30.E- Encouraging well-planned subdivisions by establishing adequate standards for design and improvement. 3) Section 24-1-30.1-1 - Securing equitable handling of all subdivision plans by providing uniform procedures and standards. B. Section 24-8-40.8.5 - Compliance with the Recorded Exemption standards set forth in Section 24-8-80 of the Weld County Code. 1) Section 24-8-80.C - An adequate legal access exists for all proposed lots to a public road. All accesses shall be in accordance with Chapter 8, Article II of the Weld County Code. In accordance with Section 24-7-50 J. of the Weld County Code, the flag lot configuration will be avoided where possible. The minimum width of a flag lot is thirty (30)feet. The Department of Public Works in their 2001-2617 referral dated July 23, 2001 stated"I [Don Carroll]visited the site, measured the distance from WCR 27 west on WCR 120 for approximately 2000 feet to find a flourescent painted lathe which appeared to be the proposed access point to the five acre parcel. This access point has adequate sight distance in both directions and would meet the warrants of a proposed access point. Continuing on to the half-mile line, where the new configuration for access would be located, I recommend that the access point be placed at the crest of the hill where there is adequate sight distance in both directions and not below the crest of the hill. A 15 inch minimum size corrugated metal pipe will be required at either location to accommodate county road drainage. In accordance to Section 24-7-50 J of the Weld County Code, Chapter 24, Article VII, the flag lot configuration should be avoided wherever possible. The minimum width of a flag lot is 30 feet. The right-of-way or easement shall be graded and drained to provide all-weather access. The applicant shall indicate on the plat the type of easement and whether it is private, or deeded to provide adequate access to the parcel. Weld County does not maintain any private lanes." C. Section 24-8-40.8.6 - Adequate provision for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Direct access for Lot A, to the public road right-of-way,will be comprised of a long narrow access road. In accordance with Section 24-7-50 J.of the Weld County Code, the flag lot configuration will be avoided where possible. The minimum width of a flag lot is thirty (30) feet. Should the Board of County Commissioners approve this request, the Department of Planning Services' staff recommends the following conditions be attached:. 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.B.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. The source of water for your lots is proposed to be private wells. 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. 0301-06-1 RE-2818 4. Prior to recording the plat: A. The applicant shall provide the Department of Planning Services'with a signed original stating that he is in acknowledgment that he was not required to include all three hundred twenty (320) acres of land in this Recorded Exemption, and by including this entire parcel in this application, the land will be subject to the ten-year time frame for further Recorded Exemptions. Reference letter to applicant dated August 4, 2000. Should the applicant desire to subdivide the land into an eighty (80) acre parcel and divide the land into two parcels,the applicant shall submit a letter to this office so stating. Further,the applicant shall provide a photocopy of the recorded Deed describing the newly created parcel. B. The applicant shall submit a joint ownership, access and/or operation maintenance agreement for the shared Well. This agreement shall be delineated on the plat and an appropriate certificate using the language set forth in Appendix 22-F.E of the Weld County Code shall be included. C. In accordance with Chapter 8, Article II, Lot A shall be granted one residential/agricultural 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. The road shall be graded and drained to provide all weather access. Accesses shall be placed in such a location as to have adequate sight distance in both directions, shall not be placed below the crest of a hill or where physical obstructions are present. D. Lot B shall use the existing residential/agricultural/oil and gas/ditch road access points necessary for agricultural operations as no additional accesses shall be granted. E. In accordance with Section 24-7-50.J, [a]flag lot configuration shall be avoided when possible. The minimum width of a flag lot appendage shall be thirty (30) feet. F. 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. G. Weld County Road 120 is designated on the Weld County Transportation Plan Map as a collector status road,which requires eighty(80)feet of right-of-way at full build out.There is presently sixty (60)feet of right-of-way. A total of forty (40)feet from the centerline of Weld County Road 120 shall be delineated on the plat as right-of-way reservation for future expansion of Weld County Road 120. This road is maintained by Weld County. H. The property is in violation of the Weld County Code for a non-commercial junkyard consisting of one large pile of miscellaneous metal scrap and wood. This pile shall be removed from the property or screened from adjacent properties and public rights-of-way to be in compliance with the Weld County Code. The applicant shall schedule a final inspection with the Planner of Record and submit a copy of the closure letter indicating compliance with the Weld County Code. The stone homestead structure on site is in violation of Section 29 of the Weld County Code. Section 29-2-110.B. states"[a]ny building or portion thereof; including any dwelling unit, guest room or suite of rooms, or the premises on which the same is located, and mobile home, manufactured home or factory-built home in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety or welfare of the public or the current or future occupants thereof, shall be deemed and hereby is declared to be a substandard building. All substandard buildings, structures or appendages are considered to be a violation of this Building Code and shall be abated by repair, rehabilitation, demolition or removal. As an alternative, the Building Official may institute any other appropriate action to prevent, restrain, correct or abate the violation. Further Section 29-11-40 discusses Dangerous buildings. "All buildings,structures or portions thereof which are determined after inspection by the Building Official to be dangerous according to the provisions of Chapter 3 of the Uniform Code for the Abatement of Dangerous Buildings, as adopted in Section 29-2-60 of this Chapter, are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in said Uniform Code for the Abatement of Dangerous Buildings." At a minimum, the applicant shall board all windows, including points of ingress and egress to secure this structure from vandalism and illegal entry. The structure's roof is near collapse, as such the structure is declared to be unsuitable for habitation and poses a threat to the health safety and welfare of the neighbors and citizens of the County. 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 the Lot has an adequate water supply of sufficient quality, quantity and dependability. 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) 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. 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 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. KitDEPARTMENT OF PLANNING SERVICES RECORN SD ED EXEMPTION ADMTRATIVE REVIEW COLORADO Applicant: Clint DePorter RE-2818 Planner: kogle Legal Description: E2 of Section 6, Township 10 North Range 66 West of the 6TH P.M., Weld County, CO Parcel ID#: 0301 06 000016 Lot C Size: n/a Lot B Size: 314.2 +/- acres Lot A Size: 5.85+/- acres Water Source: Private Well Sewer S stem: Se tic Criteria Checklist Yes No X 1. Conforms with the Weld County Comprehensive Plan 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 11.8 of the Weld County Subdivision Ordinance. 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.B.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. The source of water for your lots is proposed to be private wells.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. 0301-06-1 RE-2818 4. Prior to recording the plat: A. The applicant shall provide the Department of Planning Services'with a signed original stating that he is in acknowledgment that he was not required to include all three hundred twenty (320) acres of land in this Recorded Exemption, and by including this entire parcel in this application, the land will be subject to the ten-year time frame for further Recorded Exemptions. Reference letter to applicant dated August 4, 2000. • Should the applicant desire to subdivide the land into an eighty (80) acre parcel and divide the land into two parcels, the applicant shall submit a letter to this office so stating. Further, the applicant shall provide a photocopy of the recorded Deed describing the newly created parcel. B. The applicant shall submit a joint ownership, access and/or operation maintenance agreement for the shared Well. This agreement shall be delineated on the plat and an appropriate certificate using the language set forth in Appendix 22-F.E of the Weld County Code shall be included. C. In accordance with Chapter 8,Article II, Lot A shall be granted one residential/agricultural 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. The road shall be graded and drained to provide all weather access. Accesses shall be placed in such a location as to have adequate sight distance in both directions, shall not be placed below the crest of a hill or where physical obstructions are present. D. Lot B shall use the existing residential/agricultural/oil and gas/ditch road access points necessary for agricultural operations as no additional accesses shall be granted. 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. Weld County Road 120 is designated on the Weld County Transportation Plan Map as a collector status road, which requires eighty (80) feet of right-of-way at full build out. There is presently sixty (60) feet of right-of-way. A total of forty (40) feet from the centerline of Weld County Road 120 shall be delineated on the plat as right-of-way reservation for future expansion of Weld County Road 120. This road is maintained by Weld County. it. The property is in violation of the Weld County Code for a non-commercial junkyard consisting of one large pile of miscellaneous metal scrap and wood. This pile shall be removed from the property or screened from adjacent properties and public rights-of-way to be in compliance with the Weld County Zoning Ordinance. The applicant shall schedule a final inspection with the Planner of Record and submit a copy of the closure letter indicating compliance with the Weld County Zoning Ordinance. /h( The stone homestead structure on site is in violation of Section 29 of the Weld County Code. Section 29-2-110.B. states "[a]ny building or portion thereof; including any dwelling unit, guest room or suite of rooms, or the premises on which the same is located, and mobile home, manufactured home or factory-built home in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety or welfare of the public or the current or future occupants thereof, shall be deemed and hereby is declared to be a substandard building. All substandard buildings,structures or appendages are considered to be a violation of this Building Code and shall be abated by repair, rehabilitation, demolition or removal. As an alternative,the Building Official may institute any other appropriate action to prevent, restrain, correct or abate the violation. Further Section 29-11-40 discusses Dangerous buildings. "All buildings, structures or portions thereof which are determined after inspection by the Building Official to be dangerous according to the provisions of Chapter 3 of the Uniform Code for the Abatement of Dangerous Buildings, as adopted in Section 29-2-60 of this Chapter,are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in said Uniform Code for the Abatement of Dangerous Buildings." At a minimum, the applicant shall board all windows, including points of ingress and egress to secure this structure from vandalism and illegal entry. The structure's roof is near collapse,as such the structure is declared to be unsuitable for habitation and poses a threat to the health safety and well fare of the neighbors and citizens of the County. 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. J. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Zoning Ordinance,the required setback is measured from the future right-of-way line. * No building or structure as defined and limited to those occupancies listed as Groups A, B, E, H, I, M and R in Table 3-A of the 1997 Uniform Building Code, shall be constructed within a 200-foot radius of any tank battery or 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 Weld County Zoning Ordinance, Section 61.3. 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 the Lot has an adequate water supply of sufficient quality, quantity and dependability. 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) 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. 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 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. 6. The Weld County Department of Planning Staffs 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. By Date April 24, 2001 Kim Ogle ❖ anner II DEPARTMENT OF PLANNING SERVICES 1555 N. 17`"AVENUE GREELEY, COLORADO 80631 WEBSITE: www.co.weld.co.us IE-MAIL: kogle@co.weld.co.us W� D • PHONE (970) X353-6100,9 3540 CFAX(970) 304-6498 COLORADO September 10, 2001 Mr. Ken Lind Lind Lawrence and Ottenhoff, LLP 1011 11th Avenue Greeley, CO 80631 Mr. Clint DePorter 14503 WCR 108 Nunn, CO 80648 Subject: Recorded Exemption (RE-2818) Legal Description: S2 SE4 of Section 6, Township 10 North Range 66 West of the 6TH P.M., Weld County, CO Dear Messrs. Lind and DePorter: This letter is to inform you that the above referenced Recorded Exemption has been reviewed by the Department of Planning Services and it has been determined that the application does not meet the standards of Section 24-8- 40.B.1 through 24-8-40.B.6 of the Weld County Code. This application is scheduled before the Board of County Commissioners on September 17, 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 is included with this letter. Please read the Conditions of Approval carefully. At the Board of County Commissioners hearing you will be asked if you are in agreement with the conditions. If you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. Sincerely, Kim Planner II DIIIa ' DEPARTMENT OF PLANNING SERVICES 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 O WEBSITE: www.co.weld.co.us E-mail address: kogle@CO.WeId.CO.US • PHONE (970) 353-6100, EXT.3540 COLORADO FAX(970)304-6498 July 24, 2001 Mr. Ken Lind Lind Lawrence and Ottenhoff, LLP 1011 111h Avenue Greeley, CO 80631 Mr. Clint DePorter 14503 WCR 108 Nunn, CO 80648 Subject: Recorded Exemption (RE-2818) Dear Messrs. Lind and DePorter: The Department of Planning Services' has received documentation from one referral agency pertaining to the above referenced application. Staff offers the following comments: Condition of Approval item 4.E states "[t]he 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." Don Carroll of the Weld County Department of Public Works, in a referral dated July 23, 2001 states "[c]ontinuing on to the half-mile line, where the new configuration for access would be located, I recommend that the access point be placed at the crest of the hill where there is adequate sight distance in both directions and not below the crest of the hill. A 15 inch minimum size corrugated metal pipe will be required at either location to accommodate county road drainage." Given this referral, staff has determined that adequate access may be achieved for the proposed parcel that was approved by staff in a letter to Lind and DePorter dated July 12, 2001. The Department of Planning Services requests that the applicant submit a paper copy of the 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 24-8-70 of the Weld County Code. The plat shall be submitted within thirty (30) days from the date of this letter. 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,telephone number or e-mail address. Sincerely, Kim Ogle_ Planner II enclosure:Carroll memorandum of July 23,2001 pc:RE 2818 M.Mika, Planning DEPARTMENT OF PLANNING SERVICES 1555 17TH AVENUE C GREELEY,WEBS COLORADO 80631 WEBS N. 17a.wAVENUE eld.co.us E-mail address: kogle@CO.Weld.CO.US COLORADO PHONE (970) 353-6100, FAX(970)304-6498 July 12, 2001 Mr. Ken Lind Lind Lawrence and Ottenhoff, LLP 1011 11th Avenue Greeley, CO 80631 Mr. Clint DePorter 14503 WCR 108 Nunn, CO 80648 Subject: Recorded Exemption (RE-2818) Dear Messrs. Lind and DePorter: The Department of Planning Services' thanks your for your letter and supporting documentation received June 18, 2001 pertaining to the above referenced case. Staff reviewed the submitted materials and offer the following comments. First, Staff is concerned with the 5.85 acre Lot configuration proposed by the applicant. It is our position that the same result may be achieved with a revision to the location of the flagpole providing access to Weld County Road 120. Please refer to the attached drawing delineating the staff supported option. Second, staff is in receipt of the Quit Claim Deed dated April 20, 2001. To date staff has not received a photocopy of the recorded Deed describing the newly created parcel. A copy of this recorded Deed shall be submitted with a paper copy of the plat prior to submitting the mylar for recording. Third, Condition of Approval item 4.B has been noted to include only Lot A for the well permit, as stated in the Lind letter dated June 15, 2001. Four, Condition of Approval item 4.E states "[t]he 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." As stated in the Lind letter dated June 15, 2001, the applicant is working with the County to determine the appropriate drainage culvert size, if required. Five, Condition of Approval item 4.G has been met pertaining to the non-commercial junkyard, as stated in the Lind letter dated June 15, 2001, this material has been removed from the property. Six, Condition of Approval item 4.H has been addressed by the applicant. As stated in the Lind letter dated June 15, 2001, the applicant has agreed to adequately board the structure to prevent vandalism and illegal entry. Seven, Condition of Approval item 4.1 has been met. The applicant has provided evidence from the Weld County Treasurer showing all taxes have been paid for this parcel. Please note, 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 24-8-70 of the Weld County Code. The plat shall be submitted within thirty (30) days from the date of this letter. 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, telephone number or e-mail address. Sincerely, Kim Ogle Planner II enclosure pc: RE 2818 M.Mika, Planning a ' DEPARTMENT OF PLANNING SERVICES 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 O WEBSITE: www.co.weld.co.us E-mail address: kogle@CO.WeId.CO.US • PHONE (970) 353-6100, EXT.3540 COLORADO FAX(970)304-6498 April 24, 2001 Mr. Ken Lind Lind Lawrence and Ottenhoff, LLP 1011 11th Avenue Greeley, CO 80631 Mr. Clint DePorter 14503 WCR 108 Nunn, CO 80648 Subject: Recorded Exemption (RE-2818) Dear Messrs. Lind and DePorter: The Department of Planning Services' has reviewed your application and related materials for compliancy with the County Code. We find that your proposed Recorded Exemption meets the intent of the Weld County Code and it has been conditionally approved by staff. We have enclosed revised comments per discussion with Ms. Mika, Planning Director and Mr. Lind at the Department of Planning Services office on April 18, 2001. 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 24-8-70 of the Weld County Code. The plat shall be submitted within thirty (30) days from the date of this letter. There is a ten (10) dollar recording fee per mylar sheet that you will be responsible for paying to record the plat. Please note, Item 4.H discusses the status of the stone house located on Lot B of this Recorded Exemption. Staff does not desire to have this potentially historic structure torn down or otherwise removed from the property, however, staff is concerned with the potential hazard that this structure may create should the building remain open and non-secure. If you need any further information, please feel free to contact me at the above address,telephone number or e-mail address. Sincerely, Kim Ogle Planner II enclosure pc: RE 2818 M.Mika, Planning DEPARTMENT OF PLANNING SERVICES PHONE (970)353-6100, EXT.3540 FAX(970)304-6498 C. E N COUNTYAVENUEIINISTRATIVE OFFICES 1555 COLORADO GREELEY, COLORADO 80631 September 11, 2000 Arvid and Clint DePorter 14503 WCR 108 Nunn, CO 80648 Subject: Recorded Exemption (RE-2818) Dear Messrs. DePorter: 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 does not meet the intent of the Subdivision Ordinance. Per your application materials,the proposed Lot A is located in the SW4 of the SW4 of the E2 of Section 16. In placing the 850 foot by 300 foot Lot A in this location three parcels have been created. Please refer to the attached sketch marked Exhibit 1. Staff will not support this configuration as the configuration does not meet the intent of the Ordinance. Staff will support a smaller Lot A as delineated in the sketch marked Exhibit 2. Further, staff will take under consideration other alternatives to the location of Lot A as you make this determination. Please note, Lot B shall be a contiguous parcel not divided by the location of Lot A for this Recorded Exemption. Second, as was outlined in correspondence with this office in a letter dated August 4,2000 it was requested that the titleholders of the property sign the inclusion form stating that they acknowledge that by including all of this acreage in this Recorded Exemption that the land will be subject to the ten-year time frame for future land divisions through the Recorded Exemption process. To date staff has not received this form signed by all three titleholders. Should the titleholders not be in agreement with this inclusion and/or are unwilling to sign the enclosed form, please contact this office in writing stating your reasons. Please note this letter shall be signed by all three titleholders listed on the deed in your application materials. Third,Staff noted on visual inspection of the property that there is an existing stone structure on the property as well as other improvements in various states of repair. The Colorado Historical Society may be interested in designating this structure on their Register. If you are interested in pursuing this opportunity, please contact: Colorado Historical Society State History Museum 1300 Broadway Denver, CO 80203 Further, in conducting a visual survey of the property, it was noted that several piles of scrap wood and metal are visible from the road right-of-way. Given this situation, it is noted that the property is in direct violation of the Weld County Zoning Ordinance for a non-commercial junkyard. A violation has been set up for this property, and the violation shall be closed prior to the recording of the Recorded Exemption Plat. If you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. Sincerely, Kim Og Planner II enclosures 1 a DEPARTMENT OF PLANNING SERVICES (I 1555 N. 17th Avenue Greeley, CO 80631 Phone (970) 353-6100, Ext. 3540 Fax (970) 304-6498 VIOc COLORADO August 4, 2000 Clint DePorter 14503 WCR 108 Nunn, CO 80648 Subject: RE-2818 A Recorded Exemption located on a parcel of land described as E2 of Section 6, Township 10 North, Range 66 West of the 6th P.M., Weld County, Colorado. Dear Mr. DePorter: 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. Also, as you may or not know, you are not required to include all 320 acres in this Recorded Exemption application. By including this acreage in this application, your land will be subject to the ten-year time frame for further Recorded Exemptions; i.e., you will not be able to do another land split through the Recorded Exemption process for a period of ten (10)years. If you are in agreement with this inclusion, please sign the enclosed form and return it to the Department of Planning Services'. Should you not be in agreement with this statement please contact this office such that Planning Staff may give you other options for this application. If you have any questions concerning this matter, please call me. Sincerely, i Kim 1 Planner •• a1' • - r., • • • ' \_ • • I. i, - _ • • . • '• 4 cy, - • I I J .. - . ..7% ; �. - , .. • . . 6, , C4 , �YT.Ii , ' 1 __IA a- t - • • Lt. ..."..--•••• II I t 1 I *} f 1. ..• -- y • }• jespiliab...4§%. • .• II etfk, .%1; .•• • • i 1 V, - rr••:.,Tlr. . Y.r•y. h ,vy1 - ...... ."- _ • .:•4 i' Syr t > .' r ` �jk �i•" • S ~+ l �• PSSG 1"A r...•:;,,,,,...c...,##,. .,,..•Y •1 ft . /. ♦ , • i toe'• A .,•••; F.F. '.. y 4+M • r 1 ' •,. • _ Y = - :. ' t • ' I . -.- • a � •; .• i. t i 41,A� A � ',• •s.0 "'► � is II FIELD CHECK inspection date: August 31, 2000 CASE NUMBER: RE 2818 APPLICANT: Arvid and Clint DePorter LEGAL DESCRIPTION: E2 Section 6, Township 10 North, Range 66 West of the 6th PM, Weld County, CO LOCATION: North of and adjacent to WCR 120; west of and adjacent to WCR 27 section line Zoning Land Use N A (Agricultural) N Fenced Rangeland E A (Agricultural) E Fenced Rangeland S A (Agricultural) S Fenced Rangeland W A (Agricultural) W Fenced Rangeland COMMENTS: • WCR 120 two lane gravel WCR 27 Land is fenced adjacent to road and at perimeter of approximately 3 acre parcel on site There is a stone structure, probably a homesteader residence A pile of scrap metal and wood debris is piled east of house and north of road OH power line on pole with transformer is a edge of CR. No physical access to site. There is a visual access There is a fenced enclosure with framework building within. This is within the fenced site area Photographs accompanying this site visit Kim Ogle, ner • • WW1 CDUNIY,UULUMUU ' DEPARTMENT OF P ANNING SERVICES -- PLEASE TAKE THIS sLIP TO THE FRONT DESK --- I DATE "/L/00 RECEIVED FROM C-\ r* na-49OC-fir NO. g/TYPE`1 `` FEES 4221-REISE I � A�11ccAlen qi0.C 4221-ZPMH/MHZPIZPAD 4221 USR 4221-SITE PLAN REVIEW 4221-COZ 4221 -PUD 4221-SUBDIVISION 4221 -BOA 4221-MINOR SUB 4221-FHOPIGHDP 4221-REPLAT 6560-RECORDING FEE 4430-MAPSIPUBLICATIONS 4730-INVESTIGATION FEE 4430-POSTAGEIHANDLING �j ON-CALL PLANNER /1 1 (C'.CO ❑ CASH A CHECK NO- SC)i 1 TOTAL RECEIPT # fermi i o APPLICATION FLOW SHEET COLORADO APPLICANT: Clint DePorter CASE#: RE 2818 REQUEST: Two Lot Recorded Exemption on 320.05 acres +/- LEGAL: E2 of Section 6, Township 10 North, Range 66 West LOCATION: North of and adjacent to WCR 120, west of and adjacent to WCR 27 PARCEL ID#: 0301 06 000016 ACRES: 320 +/- Date By Application Received 08-02-2000 cg Application Completed 08-04-2000 ko Referrals listed 08-04-2000 ko File assembled F-1- v tS Letter to applicant mailed - - 00 71-F-S Vicinity map prepared Referrals mailed ?-11-- S Chaindexed F-'7- 0L Field check by DPS staff ie. ;1 1D Administrative Review decision: Date By County Commisioners Hearing Date(if applicable) ' M Surrounding property owners notified Air photo and maps prepared rl://C CC action: ftArza )1—A CC resolution received Recorded on maps and filed Overlay Districts Road Impact Fee Area Zoning High Potential Dry Cropland if Irrigated Airport Yes No_x_ Yes No Geologic Yes No x_ SW Weld#1 #2 #3 Flood Hazard Yes No x Windsor Panel #: 080266 0175 C 1 ARTMENT OF PLANNING SERVICE Gc-�� 1� 1 N. 17th Avenue, Greeley, Colorado 80 Phone 970) 353-6100, Ext. 3540 - Fax#(970) 30 -6498 _ APPLICATION FOR RECORDED EXEMPTION I , Application Fee Receipt Number Case Number 2-e le>IB Recording Fee Receipt Number Zoning Distric Application Checked By Planner Assigned to Case TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures). I (we), the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners. Legal Description: 6 ARIL 5 C 5,FP, - 12-it I, Total Acreage: Zoning Parcel Number :21_ n n o 0 , o '• (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 No X Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes iirs. No Does the parcel of land under consideration lie in any of the following Overlay Districts? Flood Hazard: Yes_ No Y..; Airport: Yes_ No X ; Geological Hazard: Yes_ No x FEE OWNERS OF PROPERTY Name: Home Phone# Work Phone# Address: City/State/Zip Code Applicant or Authorized Agent: Lt:,,+ D.tR-Li- Phone# 47 c itsy-ZS7y Address: I4so3 v44fi-to7 City/State/Zip Code tv ».. Paws' 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 O)nne IlAkiO '>>P=\ Type of Sewer tJ c, r (.4,44;C) S c.41,s (ProePsci Proposed Use 1r\lr,,.) 1 t„rt Lecbd o„( e Acreage 3iLk a "7:25- Existing Dwellings Yes or No NO No E-:stirs, Dvralings Address (if applicable): . Larger Parcel Smaller Parcel Smaller Parcel (applicable only for 3-lot Recorded Exemption) I hereby state that all statements, proposals, or plans submitted with this atio are tr ndtorrect to the best of my knowledge. Rev: 1-27-97 ignature: Owner or Authorized Agent 5 ,c,<)0.0/—a i7 COLORADO DIVISION OF WATT RESOURCES DEPARTMENT OF NATURAL RRJRCES • 1313 SHERMAN ST.,RM.818,DENVER CO 80203 phone - info: (303) 866-3587 main: (303) 866-3581 RESIDENTIAL *(Note:you mryaiwueethisfonnto apply for bwlxkwatering) Water Well Permit Application Review instructions prior to completing form Must be completed in black ink or typed 1.APPLICANT INFORMATION 6. USE OF WELL (check appropriate entry or entries) Name or sneers See instructions to determine use(z)for which you may qualify— It I 0 A. Ordinary household use in one single-family dwelling (-A f\T L7e2o -{et' t (NO outside use( MstAdder ei!B. Ordinary household use in 1 to 3 single-family dwellings: (ti.Sa3 W u2-I:1 Number of dwellings-. City State Zp cods .E[ Home garden/lawn irrigation,not to exceed 1 acre: 0d tun. CD (l1(or(1 area irrigated i ca sq.ft. ❑ acre Telephone Pawnees(include acode ani mal watering — lnoncammerdall cCOC) 'all -al-19 (e 7a1 4sY -as7v 2.TYPE OF APPLICATION (check applicable box(es)) Ei C. Livestock watering (on farm/ranch/range/pasture) 13 Construct new well 0 Use existing well 7. WELL DATA ❑ Replace existing well 0 Change/Increase Use Mawr wapera a Anneal.n.en to be withdrawn ❑ Change(source) aquifer 0 ReapplicatiorMoxpi.d pant) gpm acre-feet ❑ Other Tor depth Ababa 3. REFER TO (if applicable)0 feet_ Water court case i Permit i 8.TYPE OF RESIDENTIAL SEWAGE SYSTEM Ca Septic tank / absorption leach field verbal i Monitoring hole acnowledgmerrt i In Central system -VE- MH- District name: Wed name or i 0 Vault Location sewage to be hauled to: 4. LOCATION OF WELL 0 Other (attach copy of engineering design) County Quartedguarter Quarter 9. PROPOSED WELL DRILLER (optional) WellSW y. J % ry.na lkc.e number :.coon Township Nor S Range E or W Prewar.Meridian 6 i f) ® 0 (l_ 0 0 10. SIGNATURE of applicant(s) or authorized agent Distance of wed from section lines The making of false statements herein constitutes perjury 100 ft. from❑N ka S tl✓Q0 tt from S.E❑W in the second degree, which is punishable as a lass 1 mis- wea location address.a cliff awe from spdva Wen=(if coliaiel demeanor pursuant to C.R.S. 24-4-104(13)(a). I have read the statements herein, know the contents thereof and state For tepLecemee wells only-distance and direction from oLd well to new wed that they are true to�my knowledge. feet direction "tun be gnaw' fit ✓ 5.TRACT ON WHICH WELL WILL BE LOCATED ^`—i A. You must check one of the following-see instructions Tide Date / ❑ Subt&vision: Name '1loly oO Lot no. Block no. Filing/Unit OPTIONAL INFORMATION own map nit. Surface dot. Q County exemption (attach copy of county approval & survey) USGS ma."'me Name/no. Tract no. ❑ Mining Claim (attach copy of deed or survey) Office Use Only Name/no. DIV ❑ Other(attach legal description to application) CO B. STATE PARCEL ID# (optional): WD C. i acres in tract D. Are you the owner of this property? S.t5 iaYES 0 NO (if no - see instructions) BA E. Will this be the only well on this tract? IYES 0 NO (if other wells are on this tract-see instructions) USE MD Form GWS-44 (11/95) July 27,2000 Weld County Department of Planning Service 1555 North 17th Ave. Greeley,CO 80631 Dear Planners: This letter is to notify you that my son,Clint DePorter will be applying for an exemption on a parcel of land located in Sec 6-10-66. He will be applying in my behalf until the exemption is approved;thus enabling us to obtain needed deed work. Sincerely, amtzastea Arvid DePorter RECORDED EXEMPTION QUESTIONNAIRE 1. Well permit application enclosed. 2. Septic application form has been obtained and completed to accompany this application. 3. The property is being used for cattle grazing and C.R.P. The property is basic dry land with no improvements. 4. The proposed exemption is for construction of a family dwelling. 5. The location is on 320 acres of agricultural land (as is the surrounding property), adjacent to W.C.R. 120. There are no other roads next to this property. 6. The proposed site is open rangeland. 7. Building location will be set back off road 120 as to comply with regulations. 8. At the present time, the applicant is not willing to place a conservation easement on this property. 9. N/A The property is not prime. 10. The intended use of this property is to keep as status quo. Therefore, it should be consistent with any established planning. 11. The surrounding land is used for agricultural purposes with the nearest farmstead being between one 1/2 and ' miles away. 12. The property is such a small amount (5.85 Ac.)that it would have little impact. 13. The property has been in the family for four generations and there is no intent in subdividing, changing use, or defacing this land. It is the intent to keep the land in the same usage as historically established. Road File# RE: Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: 7/2 w 44 1111 H Street,P.O.Box 758, Greeley,CO 80632 Phone: (970)356-4000,Ext.3750 Fax: (970)304-6497 1. Applicant Name G+,+- Pepe.- lc-r Phone 47° gni-ant' Address /t/Co3 Co eR-tog City Pas., State co Zip 9a491 2. Address or location of access (n Section Co Township /O Range r La Subdivision Block Lot q')Weld County Road # /. Side of Road No4 Distance from nearest intersection yv rit? /e.. 3. Is there an existing access to the property? Yes No____X,_ #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 a L.,, Wig O&G= Oil& Gas D.R. = Ditch Road _______T_Wajr 7A �1 *********************************************************************************************************** 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: 7 LIND, LAWRENCE & OTTENHOFF LLP ATTORNEYS AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P.O.BOX 326 GREELEY,COLORADO 80632 WEB PAGE:LLOLAW COM GEORGE H.OTTENHOFF Dept. TELEPHONE KENNETH F.LIND planning (970)353-2323 KIM R.LAWRENCE Weld County (970)356-9160 TELECOPIER P.ANDREW JONES • (970)356-1111 RICHARD T.LiPUMA t r t.- ken@llolaw.com August 14,9E1C E IV ED Department of Planning Services 1555 North 17th Avenue Greeley, CO 80631 Attention: Kim Ogle Re: Recorded Exemption No. 2818 (DePorter) Dear Mr. Ogle: We are in receipt of your letter dated July 24, 2001. Due to the access problems from Weld County Road 120 to the north going across the DePorter property, the staff supported plan with the access road on the center section line is unacceptable: The DePorters will need access to their home in Winter months and the staff supported west access drifts and fills with snow in the Winter. Please refer this matter to and schedule a hearing before the Board of County Commissioners. Very truly yours, LIND, LA E CE ENHOFF LLP Kenneth F. Lind KFUcg pc: Clint DePorter F:\KF L\LETTERS\DEPORTER.P LANN I NG2.LTR LIND, LAWRENCE & OTTENHOFF LLP ATTORNEYS AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P.O.BOX 326 GREELEY,COLORADO 60632 HOF WEB PAGE:LLOLAW.COM GEORGE H. TELEPHONE (970)353-2323 KIM R.LAWRENCE l�yefd CKENNETH F.LINDounty Plan Dept (970) 356-9160 TELECOPIER P.ANDREW JONES (970)356-1111 RICHARD T.LiPUMA JUN 7 8 2001 ken@Ilolaw.com RECEIVED June 15, 2001 Department of Planning Services 1555 North 17th Avenue Greeley, CO 80631 Attention: Kim Ogle Re: Recorded Exemption (Re-2818) Dear Mr. Ogle: Please consider this letter as a response to your letter dated April 24, 2001 as follows: 1. Enclosed please find a copy of a drawing which shows the entire South Half of the Southeast Quarter (North of County Road 120) and including the approximate five acre parcel that will become Lot "A" of the Recorded Exemption. 2. Enclosed is a copy of the Quitclaim Deed of the South Half of the Southeast Quarter of Section 6 which creates an 80 acre parcel which responds to Paragraph 4(a) of your Conditions. Please note that the Deed has been submitted to the Weld County Clerk and Recorder but has not been returned with the recording information. • 3. Enclosed is a copy of the paid treasurer tax notice which indicates taxes have been paid for the entire East Half which responds to Paragraph 4(i) of your Conditions. 4. Paragraph 4(g) of the Conditions has been completed as the metal scrap and wood have been removed. F:\KFL\LETTERS\DE PORTER.P LANN I NG Department of Planning Services June 15, 2001 Page 2 5. 4(b) is not applicable as there will not be a shared well. The well will be solely for the use of Lot "A". 6. Concerning Paragraph 4(h) on the Conditions, please be advised that the applicant will adequately board the structure to prohibit vandalism and illegal entry. 7. As to Condition 4(e), the applicant has been in contact with the Weld County Department of Public Works but a determination has not yet been made concerning the culvert size. The applicant will install a culvert, if necessary, of whatever size required by Weld County Department of Public Works. At the present time, the surveyor is still working on the mylar plat and we estimate that it will be ready approximately the middle of July, 2001. If you have any questions, please contact the undersigned. Very truly yours, LIND, LAZE TTENHOFF LLP r '/J Ke neth . Lind KFL/cg Enclosure F:\KFL\LETTERS\DE PORTER.PLANNING , a I E I i I 1 } • � - - —I { - —I .. _ `0 CI . 0 - 21-- -` S 4 -- FI �w. 4, r I - --� - In 1 -L T REFERRAL LIST NAME: Clint DePorter CASE NUMBER: RE-2818 REFERRALS SENT:August 4, 2000 REFERRALS TO BE RECEIVED BY: August 31, 2000 COUNTY TOWNS and CITIES Attorney Ault _X Health Department Brighton Extension Service Broomfield Emergency Management Office Dacono Sheriffs Office Eaton _X Public Works Erie Housing Authority Evans Airport Authority Firestone Building Inspection _Fort Lupton _X_Code Enforcement Frederick STATE Garden City Division of Water Resources Gilcrest Geological Survey Greeley Department of Health _Grover Department of Transportation Hudson Historical Society Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey Division of Wildlife: LaSalle Loveland Lochbuie _X_Greeley Longmont Division of Minerals/Geology Mead FIRE DISTRICTS Milliken Ault F-1 New Raymer Berthoud F-2 Northglenn Briggsdale F-24 Nunn _Brighton F-3 Pierce Eaton F-4 Platteville Fort Lupton F-5 Severance Galeton F-6 Thornton Hudson F-7 _Windsor Johnstown F-8 La Salle F-9 Mountain View F-10 COUNTIES Milliken F-11 Adams X_Nunn F-12 Boulder Pawnee F-22 Larimer Platteville F-13 Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES Poudre Valley F-15 US Army Corps of Engineers Raymer F-2 _USDA-APHIS Veterinary Service Southeast Weld F-16 Federal Aviation Administration Windsor/Severance F-17 Federal Communication Commission Wiggins F-18 Union Colony F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER Fort Collins _X School District RE-9 _X_Greeley Ditch Company Longmont West Adams 'sr C. p Weld County Referral • COLORADO August 4, 2000 The Weld County Department of Planning Services has received the following item for review: Applicant Clint DePorter Case Number RE-2818 Please Reply By August 31, 2000 Planner Kim Ogle Project Two-Lot Recorded Exemption on 320.05 +1-acres Legal E2 of Section 6, Township 10 North, Range 66 West of the 6th P.M., Weld County, Colorado. Location North of and adjacent to WCR 120, west of and adjacent to WCR 27. For a more precise location, see legal. Parcel Number 0301 06 000016 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 14 We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: UpOrl 4nTeK /VAC'in (DC MLA (.emZpe44er CA.t 4 , rim (1C-tide. UXAa crnLfd. Signature ?)(761 IM M Agency fit C OThic jAinLe Date +Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 '(970)304-6498 fax _. f. 9733511 _ _SD SERVICE C ER ` -'AGE_ 35 ft -J u ��^h p Weld County Referral COLORADO August 4, 2000 The Weld County Department of Planning Services has received the following item for review: Applicant Clint DePorter Case Number RE-2818 Please Reply By August 31, 2000 Planner Kim Ogle Project Two-Lot Recorded Exemption on 320.05 +/- acres Legal E2 of Section 6,Township 10 North,Range 66 West of the 6th P.M., Weld County, Colorado. Location North of and adjacent to WCR 120, west of and adjacent to WCR 27. For a more precise location, see legal. Parcel Number 0301 06 000016 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 a We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature d3 - a Q Agency \NI G cm () Date *Weld County Planning Dept. +1555 N. 17th Ave.Greeley.CO.80531 4(970)353-6100 ext.3540 4(970)304-6498 fax *77:1 a Weld County Planning Dept. viik AUG 23 2000 R E C E I V Weld County Referral COLORADO August 4, 2000 The Weld County Department of Planning Services has received the following item for review: Applicant Clint DePorter Case Number RE-2818 Please Reply By August 31, 2000 Planner Kim Ogle Project Two-Lot Recorded Exemption on 320.05 +/- acres Legal E2 of Section 6, Township 10 North, Range 66 West of the 6th P.M., Weld County, Colorado. Location North of and adjacent to WCR 120, west of and adjacent to WCR 27. For a more precise location, see legal. Parcel Number 0301 06 000016 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 W-We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: • Signature XA� W‘-10'Op Agency rqt' 0,--/1 2t —C Date +Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO..80631 +(970)353-6100 ext.3540 ❖(970)304-6498 fax torsTht CWeld County Referral COLORADO August 4, 2000 The Weld County Department of Planning Services has received the following item for review: Applicant Clint DePorter Case Number RE-2818 Please Reply By August 31, 2000 P/anner Kim Ogle Project Two-Lot Recorded Exemption on 320.05 +/- acres Legal E2 of Section 6, Township 10 North, Range 66 West of the 6th P.M., Weld County, Colorado. Location North of and adjacent to WCR 120, west of and adjacent to WCR 27. For a more precise location, see legal. Parcel Number 0301 06 000016 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. Weld County Planning Dept. Comments: SF P 22 2000 RECEIVED Signature 4,i / ljl' e mr,p/t/ n rf i Aioo Agency /c n Ocyr Date +Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 )(970)304-6498 fax ld MEMORANDUecountyP,onnin M gDept AUG 23 2000 WIII TO: Kim Ogle DATE: August 22, 2000E C,EI V 6D O FROM: Sheble McConnellogue, Environmental Healt • COLORADO SUBJECT: DePorter, Clint CASE: RE-2818 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/RE-2818 RECEIVED 41, tsn Alm AUG 8 2000 WELD COUNTY PUBLIC WORKS DEPT 111 D p Weld County Referral C. COLORADO August 4, 2000 The Weld County Department of Planning Services has received the following item for review: Applicant Clint DePorter Case Number RE-2818 Please Reply By August 31, 2000 Planner Kim Ogle Project Two-Lot Recorded Exemption on 320.05 +/-acres Legal E2 of Section 6, Township 10 North, Range 66 West of the 6th P.M., Weld County, Colorado. Location North of and adjacent to WCR 120, west of and adjacent to WCR 27. For a more precise location, see legal. Parcel Number 0301 06 000016 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 ❑ We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature 444 S.,y�r ©O Agency P,t < . }� ) Date +Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax Weld County Planning Lep, MEMORANDUM 1 , 7000 rr" .z vs. e ga TO: Kim Ogle, Planner II DAT±AuguSt 11#, 11111 FROM: Donald Carroll, Engineering Administrator N"e � SUBJECT: RE-2818, Clint DePorter COLORADO The Weld County Public Works Department has reviewed this proposal; the following requirements are recommended to be a part of any approval: COMMENTS: WCR 120 is designated on the Transportation Plan Map as a collector status road, which requires an 80-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road (is/is not) 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 recommends approval of this application. 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. (Lot A) 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. (Lot A) 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. Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation. No additional accesses shall be granted. (Lot B) 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-2818 plan3re.wpd CD t‘&t 1". MEMORANDUM mo n TO: Kim Ogle, Planner II DATE: July 23, 2001 ho FROM: Donald Carroll, Engineering Administrator O.4-' rn { �• IIIID €4, CSUBJECT: RE-2818, Clint DePorter o m COLORAD The Weld County Public Works Department has reviewed this proposal. This project falls primarily under the Weld County Code, Chapter 24, Article VIII, Recorded Exemption Section 24-8-20. Our requirements are as follows: REQUIREMENTS: The Weld County Public Works Department recommends approval of this application. I visited the site, measured the distance from WCR 27 west on WCR 120 for approximately 2000 feet to find a flourescent painted lathe which appeared to be the proposed access point to the five acre parcel. This access point has adequate sight distance in both directions and would meet the warrants of a proposed access point. Continuing on to the half-mile line, where the new configuration for access would be located, I recommend that the access point be placed at the crest of the hill where there is adequate sight distance in both directions and not below the crest of the hill. A 15 inch minimum size corrugated metal pipe will be required at either location to accommodate county road drainage. In accordance to Section 24-7-50 J of the Weld County Code, Chapter 24, Article VII, the flag lot configuration should be avoided wherever possible. The minimum width of a flag lot is 30 feet. The right-of-way or easement shall be graded and drained to provide all-weather access. The applicant shall indicate on the plat the type of easement and whether it is private, or deeded to provide adequate access to the parcel. Weld County does not maintain any private lanes. pc: RE-2818 plan25RE wpd Road File# RE: Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: 7/z' /a6 1111 H Street,P.O. Box 758, Greeley, CO 80632 Phone: (970)356-4000,Ext.3750 Fax: (970)304-6497 1. Applicant Name Cl, - Pei-er-kr Phone q7o 4t'q..'2-575' Address /51C#>3 4jc2-,og City MlJrs.% State co Zip 9cGyic 2. Address or location of access Section 6 Township /O Range fr 1, Subdivision Block Lot Weld County Road # /;O Side of Road Nezem Distance from nearest intersection yz- ry17 /e. 3. Is there an existing access to the property? Yes No X #of accesses 4. Proposed Use: ❑ Permanent /149 Residential/Agricultural ❑ Industrial ❑ Temporary O Subdivision ❑ Commercial ❑ Other **************************₹******************************************************************************* 5. Site Sketch Legend for Access Description: L_ ' +* AG== Agricultural lsr b( RES = Residential a p r lic O&G= Oil& Gas no D.R. = Ditch Road v K` rc rra,,,P 4 0 c *****************************************₹₹**********************₹****₹************************************ 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: W/ Title: 7 Proposed Lot Cc- ;figuration by Li; -_1 for bePorter RE 2818 Original Parcel as submitted in I Application (RE 2818) 80 - Acre Parcel Created `I via Quit Claim Deed— Lot configuration \ Proposed by Lind for bePorter Weld County Rodd 120 N ac v N This product has been developed solely for internal use only by Weld County. The 6I5 database and data in the product Is subject to constant change and the accuracy and completeness cannot be and is not guaranteed. The designation of lots or parcels or land uses in the data base does not Imply that the lots or parcels were legally created or that the land uses comply with applicable State or Local law. UNDER NO CIRCUMSTANCE SHALL THE PRODUCT BE USED FOR FINAL DESIGN PURPOSES. WELD COUNTY MAKES NO WARRANTIES OR GUARANTEES, EITHER EXPRESSED OR IMPLIED AS TO THE COMPLETENESS, ACCURACY, OR CORRECTNESS OF SUCH PRODUCT, NOR ACCEPTS ANY LIABILITY. ARISING FROM ANY INCORRECT, INCOMPLETE OR MISLEADING INFORMATION CONTAINED THERIN. No port of the product may be copied, reproduced or transmitted it any form or by any means whatsoever, Including, but not limited to, electronic, mechanical, photocopying, recording, seaming, or by any information retrieval system or any non-approved purpose without the express written consent of Weld County. Proposed Lot Configuration by Lird for bePorter RE 2818 tnrnsarn1 Original Parcel as submitted in Application (RE 2818) \.____, • II i w 80 - Acre Parcel Created i via Quit Claim Deed iIr sent Lot configuration : ' I Proposed by Lind 1..•ow" for DePort¢r W_Id County Rod 120 Ill f` cv a V N This product has been developed solely for internal use only by Weld County. The GIS database and data In the product is subject to constant change and the accuracy and completeness cannot be and is not guaranteed. The designation of lots or parcels or land uses in the data base does not imply that the lots or parcels were legally created or that the land uses comply with applicable State or Local law. UNDER NO CIRCUMSTANCE SHALL THE PRODUCT BE USED FOR FINAL DESIGN PURPOSES. WELD COUNTY MAKES NO WARRANTIES OR GUARANTEES, EITHER EXPRESSED OR IMPLIED AS TO THE COMPLETENESS, ACCURACY, OR CORRECTNESS OF SUCH PRODUCT, NOR ACCEPTS ANY LIABILITY, ARISING FROM ANY INCORRECT, INCOMPLETE OR MISLEADING INFORMATION CONTAINED THERIN. No part of the product may be copied, reproduced or transmitted in any form or by any means whatsoever, including, but not limited to, electronic, mechanical, photocopying, recording, scanning, or by any information retrieved system or any non-approved purpose without the express written consent of Weld County. Staff Suppor ■ ed Lot Conf igura , ,on - RE 2818 s I . Original Parcel as submitted in Application (RE 2818) 1 , • ■ ■ ■ t ■ ■ • 80 - Acre Parcel Created ■ ■ via Quit Claim Deed ■ Lot configuration supported by Staff Weld County Ro d 120 I cc U N This product has been developed solely for internal use only by Weld County. The GIS database and data in the product is subject to constant change and the accuracy and completeness cannot be and Is not guaranteed. The designation of lots or parcels or land uses in the data base does not imply that the lots or parcels were legally created or that the land uses comply with applicable State or Local law. UNDER NO CIRCUMSTANCE SHALL THE PRODUCT BE USED FOR FINAL DESIGN PURPOSES. WELD COUNTY MAKES NO WARRANTIES OR GUARANTEES, EITHER EXPRESSED OR IMPLIED AS TO THE COMPLETENESS, ACCURACY, OR CORRECTNESS OF SUCH PRODUCT, NOR ACCEPTS ANY LIABILITY, ARISING FROM ANY INCORRECT, INCOMPLETE OR MISLEADING INFORMATION CONTAINED THERIN. No part of the product may be copied, reproduced or transmitted in any form or by any means whatsoever, including, but not limited to, electronic, mechanical, photocopying, recording. scanning, or by any information retrieval system or any non-approved purpose without the express written consent of Weld County. Staff Supported Lot Configuration - RE 2818 80 - Acre Parcel Created via Quit Claim Deed Alternative Lot Configuration Supported by Staff Weld County Road 120 of 3i This product has been developed solely far internal use only by Weld County. The 6IS database and data in the product is subject to constant change and the accuracy and completeness cannot be and is not guaranteed. The designation of lots or parcels or land uses in the data base does not imply that the lots or parcels were legally created or that the land uses comply with applicable State or Local law. UNDER NO CIRCUMSTANCE SHALL THE PRODUCT BE USED FOR FINAL DESIGN PURPOSES. WELD COUNTY MAKES NO WARRANTIES OR GUARANTEES. EITHER EXPRESSED OR IMPLIED AS TO THE COMPLETENESS, ACCURACY, OR CORRECTNESS OF SUCH PRODUCT, NOR ACCEPTS ANY LIABILITY, ARISING FROM ANY INCORRECT, INCOMPLETE OR MISLEADING INFORMATION CONTAINED THERIN. 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P yyJ ' is i _w� r' "` a ,Y' , �'I iwrk{id'3' ' 4 xr f d ,y$"r M1 ,. S r rc r 1 M1 NR.+ DP' .� q.� + +, dM[ hz+�' F a x k � a r� a 6.>dv s+ t i"t ,as"4: 4.,, 14 a 'r�V ,I V' ' r t'hMA'� 4 ID P' n ilT; h I �'� nJ r q 07 1( .n icm » ^2 I U^t r u a Y e "�,f s v:- •t i��l W i r. Tp.Gm4Ar F ' . I .X� 1." 1 as a M1ea ,D .F'},1 • h y'I'" r' I' •&1 °�` , r� 'AY.a. :. h ,: , 'G 1 A7 Lxr.�.r> r¢ ar I ,' .5U, m _ _ 4l . .H. In1 3QD.rq c rc e5o rr. i-I 1C � /2O Laak (C QUITCLAIM DEED THIS DEED is made this 20th day of April, 2001, between ARVID R. DePORTER and CAROL L. DePORTER, of the County of Weld and State of Colorado, grantors, and ARVID R. DePORTER and CAROL L. DePORTER, whose legal address is 14503 WCR 108, Nunn, CO 80648, of the County of Weld and State of Colorado, grantees, WITNESSETH,That the grantors,for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby sell and quitclaim unto the grantees all the right, title, and interest of the grantors in and to the following real property, together with improvements, if any, in the County of Weld and State of Colorado: The South Half of the Southeast Quarter (S%SE1A) of Section Six (6), Township Ten (10) North, Range Sixty-six (66) West of the 6th P.M. IN WITNESS WHEREOF, The grantors have executed this deed on the date set forth above. 7/&ctLi, ARVID R. DePORTER ; Ar ac, CAROL L. DePORTER STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this 20th day of April, 2001 by Arvid R. DePorter and Carol L. DePorter. S my hand and official seal. • �qq :vim O�My co sion expires: 4,rurf -92, .206.3 . i .J SI • i • ''��FOF•COV..O Notary P lic 17. -/),(Ot F:\KFL\LAZYD\QUITCLAIM.DEED.DEPORTER Order No. 8513525 CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD The Transnation Title Insurance 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: The SW 1/4 SE1/4 of Section 6,Township 10 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. CONVEYANCES(If none appear, so state): Reception No. 1528947 Book 607 Reception No. Book Reception No. Book Reception No. Book Reception No. Book Reception No. Book Reception No. Book Reception No. Book Reception No. Book Reception No. Book The certificate is made for the use and benefit of the Department of Plarming Services of Weld County, Colorado. This certificate is not to be constructed as and Abstract of Title nor and opinion of Title,nor a guarantee Title and the liability of Transnation Title Insurance Company, is hereby limited to the fee paid for this Certificate. In Witness Whereof,Transnation Title Insurance Company,has caused this certificate to be signed by its proper officer this 9th day of June,2000, at 7:00 am. TRANSNATION TITLE INSURANCE COMPANY By: d,� laih abk Authorized Signature • uft � 15q69�7 _....._M (. / __ / T'P I;}. ry :Jf.Ii .: ,111/4.7 TrlN ANCY KNOW ALL MEN FY THESE PRESENTS, That Arthur T. DoPorter, Snhr1 E . DePorter and Arvid Ray DePorter, of the County of Weld and State of Colorado, far the consideration of mutual love and affectian, hereby ennvey to Arvid R. DePorter and Carol L. DePorter, of the County of Weld and State of Colorado, in joint tenancy, and it is declared that the property is ns conveyni in joint tenancy, to the said Arvid R. DePorter and Carol C. DePorter, the survivor of them, their assigns, and the ^" heirs and assigns of such survivor, the following real estate and property, situate in the County of Weld and State of Colorado, to—wit: West Half of the Southwest Quarter (WSW}) and the Southeast Quarter of the Southwest Quarter (SE*SWl) and the East Hail (Ei) all being located in Section Six (6) , Township Ten (10) North, Range Sixty-Six (66) West of the Sixth Principal Meridian, together with all its appurtenances, and warrant the title to the same, subject, however, to the following: 1 . 1969 taxes due and payable in 1970. 2 . Rights of way for roads, ditches, power lines or other easements as granted by instruments of record or now existing on said premises. Signed and delivered this 14th day of March, 1969. i Art ur. t4or -er Mabel ePorter 1/2 r`key- r C rvr av e o er STATE OF COLORADO ) ) es: COUNTY OF WELD The foregoing instrument was acknowledged before me this 14th day of March, 1969, by Arthur T. DePorter, Mable E. DePorter and Arvid Ray DePorter. WITNESS my hand and official seal. �, ty Commission expires: My Commission will expire on January 8, 1972 ACCOUNT N WELD COUNTY TREASURER WELD COUNTY TAX NOTICE P.O. BOX 458 R0293186 GREELEY,CO 80632-0458 2000 Taxes Due in 2001 LEGAL DESCRIPTION OF PROPERTY TAX AUTHORITY TAX LEVY TEFcOEorrPROPERTv GENERAL TAX 19572 E2/S2S2S2SW4/NW4SW4SW4 6 10 66 WELD COUNTY 22.03E 83.31 WELD LIBRARY 3 .245 12.28 WEST GREELEY SOIL 0.414 1.56 SCHOOL DIST RE9 41.257 155.95 NUNN FIRE 3.915 14.81 AIMS JUNIOR COL 6.351 24.01 If I < ' I, R 4A h r n s4 11 0 vi 9 Pl M1 0 ii - f4 l! ,. 4 III -, `` F { P . r D MAY 14 20)1 WELD CUD' R ASURER POI SB No.25...in absence of State Legislative Funding,i your School General Fund Levy would have been 91.064 TAX DISTRICT ACTUAL PROPERTY VALUE IS VALUATION OF LAND VALUATION IMPS OR PERS TOTAL VALUATION TOTAL LEVY FULL TAX 0915 13018 3780 3780 77.228 291.92 PARCELS UN AI• I• VEA TA% " 030106000016 REALIF NUM=E S EAR HERE �� YMENT SCHEDULE "C•NTACTT E SU E 'IMh1E.l TELY 1st Half Tax DUE FEBRUARY 28 145.96 2nd Half Tax DUE JUNE 15 145.96 FULL PAYMENT OR 291.92 DUE APRIL 30 / Igo DE PORTER ARVID R & CAROL L THE TREASURER'S OFFICE IS REQUIRED BY LAW TO SEND THE TAX NOTICE TO THE OWNER OF RECORD. IF YOUR TAXES ARE PAID BY A 14053 WELD CO RD 108 MORTGAGE COMPANY KEEP THIS NOTICE FOR YOUR RECORD. IF YOU HAVE SOLD THIS PROPERTY, PLEASE FORWARD THIS NOTICE TO THE NUNN, CO 80648 NEW OWNER OR RETURN TO THIS OFFICE MARKED"PROPERTY SOLD" Please see reverse side of this form for additional information. TAX NOTICE 106528 RETAIN TOP PORTION FOR YOUR RECORDS. COLORADO DIVISION OF WATI RESOURCES DEPARTMENT OF NATURAL. RESOURCES 1313 SHERMAN ST.,RM.818,DENVER CO 80203 phone - info: (303) 866-3587 main: (303) 866-3581 RESIDENTIAL *Note:You may also use this form to appty forEvertock watering) Water Well Permit Application Review instructions prior to completing form Must be completed in black ink or typed" 1.APPLICANT INFORMATION 6. USE OF WELL (check appropriate entry or entries) Nonce appraza= See instructions to determine use(s)for which you may qualify-- O A. Ordinary household use in one single-family dwelling L 'O. o, 0„; 1.e r (NO outside use) A°°"°" 14 B. Ordinary household use in 1 to 3 single-family dwellings: 1,ySti3 'v3(.-w-(: Number of dwellings: I City State zip coda ,sw Home garden/lawn irrigation,not to exceed 1 acre: Ojf.An C *tit/1 area irrigated I O sq. ft. O acre Telephone ntirnbar(meiotic area code) Domestic animal watering — (non-commercial) �en C.) cacti -;.1;el Q1:1 q) L6-4/ -a -74 2. TYPE OF APPLICATION (check applicable box(es)) le C. Livestock watering (on farm/ranch/range/pasture) MI Construct new well O Use existing well 7. WELL DATA ❑ Replace existing well O Change/Increase Use ki`""''°t'"°ia°'-" """"'`...,,t m b'rrivrdr-ya, ❑ Change (source) aquifer 0 Reapplication[a> d permit) gPm acre-feet ❑ Other To mfr 3. REFER TO (if applicable)0 feet Water court cases Permits 8. TYPE OF RESIDENTIAL SEWAGE SYSTEM 3 Septic tank / absorption leach field Verbal# Monitoring !laic acknowledgments 0 Central system -VE- MH- District name: _ Well name ors O Vault Location sewage to be hauled to: 4. LOCATION OF WELL O Other(attach copy of engineering design) County ararter/quarter Quarter 9. PROPOSED WELL DRILLER (optional) e kd S Y tl ,A. 5 E N Nurse uoerre number Section Township N or S Range E or W Prirto‘pal Meridian 6 10 ® O _ (+,4., O ® '10. SIGNATURE of applicant(s) or authorized agent Distance of well from section fines The making of false statements herein constitutes perjury 'SCG ft. from ❑ NOS o:.,5QQ ft.from aE O w in the second degree, which is punishable as a class 1 mis- We,l location address,if differ""from applicant address rf imPotaalel demeanor pursuant to C.R.S. 24-4-104(13)(a). I have read the stdtements herein, know the contents thereof and state For reduoernent wells only-dercarce and direction from old well to new weir that they are true to my knowledge. • feet direction m'"71,...7r7 71°"'"" 5.TRACT ON WHICH WELL WILL BE LOCATED t%L .-�_ A. You must check one of the following -see instructions ride Date/. / O Subdivision: Name 'T( 7 �a� Lot no. Block no. Filing/Unit OPTIONAL INFORMATION VSGS ma nine DWR map(10. Surface elev.County exemption (attach copy of county approval & survey) Nameino- Tract no. I ❑ Mining claim latrach copy of deco or survey) Office Use Only Name/no. DIV ElOther lattacn legal description to application) rICOB. STATE PARCEL I ID# (optionall: WD `^ I i C. r acre* in tract 0- Are you the owner of this property% ! 5,3y I DYES O NO (if no - see instructions, BA Ill i I E. Will this be the only well on this tract?L DYES 0 NO (if other wells are on this tract-see instructions) USE MD Form GWS-14 (11/95) APPLICATION ASSISTANCE Septic Permits Colorado Highways Weld County Health Department Colorado Department of Transportation 1555 N. 17th Avenue 1420 2nd Street Greeley, Colorado 80631 Greeley, Colorado 80631 (970) 304-6415 (970) 353-1232 County Roads Water Wells Weld County Public Works Department Division of Water Resources 1111 H Street 1313 Sherman Street, Room 818 P.O. Box 758 Denver, Colorado 80203 Greeley, Colorado 80631 (970) 356-4000, Ext. 3750 Division of Water Resources 800 8th Avenue, Room 321 Greeley, Colorado 80631 (970) 352-8712 I have been informed by the Weld County Planning Department that the minimum lot size required in the A(Agricultural)zone district is 80 acres. I am aware that the inclusion of the entire 3W acre parcel into this recorded exemption application is not necessary at this time. I understand that by including the entire 3'2-6 acre parcel into this recorded exemption,rather than doing a recorded exemption on the acre parcel,I waive my opportunity to further divide my property without utilizing the recorded exemption process. Property Owner Witness Date 4 - . EXHIBIT • 9/13/01 - o ; 9ti ,,, ,,,,,i :` 0 X w tN • T. 77 a': Y� i. T. vy i i' 5 LO/E IS s a-..+a+ ew w'— - "*- tit.,..-.c+ ..�.»w•-....r..emu�,...w..v.,a.,,.�r, r0 f LIaIHX3 _ — k k � r rw ,fit, , :.,: a „ a.t.' s da y f 9 W 'NSS 3^'+-S _ --. ;#e 4'' �dt ayc�� i' x ar.�pY �� ; ..,,,";*"..g.::::-,.7' *'._-24:-.4'' x ;-:ter ' :::-1 *=`�s` " +^' ? . we- -r_ at' �. fyb[ r , -' ?Y 3g Y3 �� :.- �R r q a 4+ sv:k f- ah'a.?'a' '4. `Y+a. i'.�f�s.',�'�*. -*' g-' ST Fs • 1 4. } p i"�* j Y - Y2• .p '( tom. tti.;e :- M1 .. � 3 '�+ e°' --i. '$ '- EXHIBIT pp -4-ogiv ro 9/13/01 ' ;" It, 8', m NCO 44-3 1l, h • x�§ 4 ar 4 p ar t } 44 ✓ # x b } ra ya V) " , k . a �ry • • • 4• : ' {s M 3ieS y+>y +FYX .f.�` 3„z,'�e' $ .`411 e1142y a•s{"'y.,g ' 'S _ a3`�fcaza"` ,yi • s +," ,a ti s-._ �„ r- .415.571,5444.4.4.5,-e+r .ra+w<fi At- ,,y" f.' >re;e*r.� 'F�a` & '� . i " re— p to ,a .4 '+"" u.. ' ..yn-z. ..: >.� { e ""'.$M aa.++� ex�'. k -ate,; F.(/ ��1O 9113101 1 EXHIBIT SCALE FOR SECTION, S Each side large blue squares=20 chains, 80 rods, 1320 feet; area of square 40 acres. 660 Ft.=.1 Inch. j Each side small red squares= 5 chains, 20 rods, 330 feet; area of square 211 acres. ll I I I I I I I v-- - - - - - - -6 - - - - - - I I I I 4 F. • 1' I I I SCALE FOR QUARTER SECTION, 1 Each side large blue squares= 10 chains, 40 rods, 660 feet; area of square 10 acres. 330 Ft.= 1 Inch Each side small red squares=2.5 chains, 10 rods, 165 feet; area of square .625 of 1 acre. PRONTO LAND MEASURE 660-330 MAP SHEET PRONTO LAND MEASURE Copyright, 1967,James Hamilton Adair, Flint. Michigan • = EXHIBIT t�j v�. `rte S ✓ p I e 9/13/01 tp- f » 7 . h. ? . \ \ . . } \ �\ - «�} . 2 \ t, d } . , / \/ ( . \ ' ! • J g f - . _- • • • • ' e+' .r ,u -+yWy . ' '4:"w— "tea """- ' p- . 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