HomeMy WebLinkAbout20003196.tiff RESOLUTION
RE: APPROVAL OF THREE-LOT RECORDED EXEMPTION #2872 - OLSON BROS, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, pursuant to its authority under Section
30-28-101(10)(d), C.R.S., did determine at a public meeting held in the Chambers of the Board,
that a certain parcel of land, to be divided into three parcels, as shown on the plat known as
Recorded Exemption #2872, does not come within the purview of the definition of the terms,
"subdivision" and "subdivided land", and
WHEREAS, the request for Recorded Exemption #2872 was submitted by Olson Bros,
LLC, do Todd Hodges Design, LLC, 2412 Denby Court, Fort Collins, Colorado 80526, for
property which is located in part of the SW 1/4 of Section 29, Township 4 North, Range 67 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 153.25 acres, 4.25 acres, and 2.5 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 #2872 by Olson
Bros, LLC is, approved conditional upon the following:
1. A Weld County septic permit is required for the proposed home, and its septic
system shall be installed according to the Weld County Individual Sewage
Disposal System (ISDS) regulations.
2. Prior to recording the plat:
A. The Weld County Department of Planning Services approves the
applicant's proposed building envelope located in the southwest corner of
the site, adjacent to Weld County Roads 40 and 15. The building
envelope shall be delineated on the plat.
B. The applicant shall submit to the Weld County Department of Planning
Services evidence that any existing septic system meets all requirements
of the Weld County Department of Public Health and Environment. The
Weld County Department of Public Health and Environment was unable
to locate a septic permit for the septic system located at 19480 Weld
County Road 15. Any existing septic system which is not currently
permitted through the Weld County Department of Public Health and
Environment will require an I.S.D.S. evaluation prior to the issuance of
G AZ, r/6G4 SJ"l/5, 2000-3196
RE2872
RE #2872 - OLSON BROS, LLC
PAGE 2
the required septic permits. In the event the system is found to be
inadequate, the system must be brought into compliance with current
I.S.D.S. regulations.
C. All approved accesses shall be clearly shown on the plat. The applicant
shall contact the Weld County Department of Public Works to determine
if a culvert is necessary at any approved 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.
1) In accordance with Weld County Ordinance No. 180, Lots B and
C shall be granted one residential access. Direct access from a
public road shall be limited to one access per legal parcel for
residential use, no circle drives or additional accesses shall be
granted. 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, and shall be a minimum distance of 75 feet from any
intersecting County or State roadway.
2) Lot C shall use the existing agricultural/oil and gas/ditch road
access points necessary for agricultural operations as no
additional accesses shall be granted.
3) Lot A shall use the existing residential access point as no
additional accesses shall be granted.
D. Weld County Roads 40 and 15 are designated on the Weld County
Transportation Plan Map as local gravel roads, which require 60 feet of
right-of-way at full build out. There is presently 60 feet of right-of-way. A
total of 30 feet from the centerline of Weld County Roads 40 and 15 shall
be delineated right-of-way on the plat. These roads are maintained by
Weld County.
E. The applicant shall address the requirements of Weld County School
District RE-5J as stated in the referral response received September 22,
2000. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services.
F. The applicant shall provide the Weld County Department of Planning
Services with a certificate from the Weld County Treasurer showing no
delinquent taxes exist for the original parcel.
2000-3196
RE2872
RE #2872 - OLSON BROS, LLC
PAGE 3
G. The following notes shall be placed on the plat:
1) All proposed or existing structures will or do meet the minimum
setback and offset requirements for the zone district in which the
property is located. Pursuant to the definition of setback in the
Weld County Zoning Ordinance, the required setback is
measured from the future right-of-way line.
No building or structure as defined and limited to those
occupancies listed as Groups A, B, E, H, I, M and R in Table 3-A
of the 1997 Uniform Building Code, shall be constructed within a
200-foot radius of any tank battery or 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 Section 61.3 of the Weld County
Zoning Ordinance.
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. 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 Lots B and
C have 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 Weld County Ordinance 169-A.
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. The text of the Right to
Farm Covenant as stated in the Weld County Comprehensive
Plan, effective October 31, 2000.
3. Any proposed subdivision adjacent to or contained within this recorded
exemption may be considered to be urban scale development. Urban scale
infrastructure may be required.
2000-3196
RE2872
RE #2872 - OLSON BROS, LLC
PAGE 4
4. The applicant shall submit a mylar plat to the Department of Planning Services to
be recorded in the office of the Weld County Clerk and Recorder. The plat shall
be prepared in accordance with the requirements of Section 11.7 of the Weld
County Subdivision Ordinance. The plat shall be submitted within sixty days
from the date of approval by the Board of County Commissioners. The applicant
shall be responsible for paying the recording fees.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of December, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: , �: C
�• '�- ��✓Barbara J. irkmeyer, Chair
Weld County Clerk to the :.ar'.
or,10G1 D.L�J
� 1-�J¢�?lS T O►�� . J. ile, Pro-Tem�BY: Deputy Clerk to the : Qj 11 n ��
dui 1,� . Baxter fv
APPRO D AS T FORM: 1,
`Dale K. Hall/
my Attorne c/ ai / /A
Glenn
2000-3196
RE2872
RTMENT OF PLANNING DEPARECORDED EXEMPTIONSERVICES
COLORADO ADMINISTRATIVE REVIEW
PLANNER: Sheri Lockman HEARING DATE: December 18, 2000
CASE NUMBER: RE-2872, RE-2873 and RE-2874
APPLICANT: Olson Bros LLC ADDRESS: 1208 Wagon Wheel Court, Berthoud, CO 80513
REQUEST: Recorded Exemption
LEGAL DESCRIPTION: RE-2872 SW4 Section 29, T4N, R67W of the 6TH P.M., Weld County, CO
RE-2873 Pt. NW4 Section 29, T4N, R67W of the 6TH P.M., Weld County, CO
RE-2874 Pt. SE4 NE4 & NE4 Section 30, T4N, R67W of the 6TH P.M., Weld County, CO
PARCEL NUMBER: RE-2872 1059 29 000007 and 1059 29 000025
RE-2873 1059 29 000014
RE-2874 1059 30 000006
PARCEL SIZE: RE-2872 160 Acres +/- ZONE DISTRICT: A(Agricultural)
RE-2873 93 Acres +/-
RE-2874 70 Acres +/-
WATER SOURCE: Little Thompson Water District SEWER SOURCE: Septic system
The Department of Planning Services' staff has reviewed this request and recommends that these requests be
denied for the following reasons:
1. It is the opinion of the Department of Planning Services' staff that the applicant has not shown compliance with
Section 11.4.2.1 through 11.4.2.6 of the Weld County Subdivision Ordinance, as follows
a. Section 11.4.2.1 - Conformance with the Weld County Comprehensive Plan Urban Growth Boundary Goals
and Policies and any approved intergovernmental agreement(s) when the recorded exemption application is
located within a specified intergovernmental boundaryarea(s). It is the opinion of the Weld County Department
of Planning Services'staff that four recorded exemptions on adjacent properties do not meet the intent of the
goals and policies of the Weld County Comprehensive Agricultural Goals and Policies. A.Policy 1 states,
"Agricultural zoning will be established and maintained to protect and promote the County's agricultural
industry. Agricultural zoning is intended to preserve prime agricultural land and to provide areas for
agricultural activities and uses dependent upon agriculture without the interference of incompatible
residential, commercial, and industrial land uses." By means of the Recorded Exemption the applicant
created two lots in June and is requesting an additional seven at this time. Further, the applicant has
submitted a Planned Unit Development Sketch Plan proposing nine lots north of and adjacent to RE-2874.
2000-3196
The Town of Johnstown has indicated in referral responses for the three Recorded Exemptions that they are
opposed to any development that would create enclaves in their urban growth area until an
intergovernmental agreement is in place.
A.Goal 3. states"Discourage urban-scale residential, commercial, and industrial development which is not
located adjacent to existing incorporated municipalities."The Recorded Exemption process has been utilized
to create nine lots, rather than the appropriate subdivision process. The Recorded Exemption process does
not require the applicant to provide the same services that a subdivision process would require. The
applicant is not required to provide an internal road system, public water, a Geotechnical Survey to evaluate
any Geological Hazards and soil conditions of the proposed lots, or any of the other requirements of a
subdivision. Normally a subdivision would require a Change of Zone as part of the process, these lots will
remain zoned Agricultural.The subdivision process also requires public hearings,with public input.The public
is not notified of Recorded Exemptions and does not have the opportunity to comment on the seven lots being
created through this process.
b. Section 11.4.2.2- Compatibility with existing surrounding land uses. A.Policy 3. of the Comprehensive Plan
discourages the conversion of agricultural land to urban-scale residential, commercial, and industrial
development when the subject site is located outside of an approved Intergovernmental Agreement area,
urban growth boundary area,or 1-25 Mixed Use Development area and urban development nodes.The intent
is to minimize the incompatibilities that occur between uses in the agricultural district and districts that allow
urban-type uses.
c. Section 11.4.2.3- Consistency with the intent of the zone district the recorded exemption is located within as
expressed in the Weld County Zoning Ordinance. A.Policy 1 states, "Agricultural zoning will be established
and maintained to protect and promote the County's agricultural industry. Agricultural zoning is intended to
preserve prime agricultural land and to provide areas for agricultural activities and uses dependent upon
agriculture without the interference of incompatible residential, commercial, and industrial land uses. "The
U.S.D.A. Soils Maps indicate that the soils on these properties are designated "Prime"lands with a portion of
RE-2873 designated "Other" lands.
d. Section 11.4.2.4-Consistency with the purpose of efficient and orderly development as expressed in Section
1.3 of the Weld County Subdivision Ordinance.
1) Section 1.3.1 -Assisting orderly and integrated development. A.Policy 3. of the Comprehensive Plan
discourages the conversion of agricultural land to urban-scale residential, commercial,and industrial
development when the subject site is located outside of an approved Intergovernmental Agreement
area, urban growth boundary area, or 1-25 Mixed Use Development area and urban development
nodes. This policy is intended to promote conversion of agricultural land in an orderly manner which
is in harmony with the phased growth plans of a municipality and the County. In addition, this policy
is expected to contribute to minimizing the costs to Weld County taxpayers of providing additional
public services in rural areas for uses that require services on an urban level.
2) Section 1.3.2- Promoting the health, safety, and general welfare of the residents of the County. The
scale of development proposed is greater than a standard Recorded Exemption. Recorded Exemption
requirements are not equipped to address the potential impacts of urban scale development.
3) Section 1.3.5-Encouraging well-planned subdivisions by establishing adequate standards for design
and improvement. Recorded Exemption standards are inadequate to address the greater impacts
associated with larger, urban-scale residential developments.
4) Section 1.3.7- Safeguarding the interests of the public, the homeowner, and the subdivider.
5) Section 1.3.8-Securing equitable handling of all subdivision plans by providing uniform procedures and
standards.
6) Section 1.3.10- Preserving agricultural land and promoting its most productive agrarian use.
e. Section 11.4.2.5- Compliance with the recorded exemption standards set forth in Section 11.8 of the Weld
County Subdivision Ordinance.
1) Section 11.8.1 - The water supply for all lots as proposed by the recorded exemption application is
adequate in terms of quality, quantity, and dependability. The Little Thompson Water District has
indicated requirements regarding installation of a six inch water line, fire hydrant fees and system
impact fees. The Recorded Exemption process does not require an Improvements Agreement and
collateral to ensure that adequate services will be installed.
2) Section 11.8.3-An adequate legal access exists for all proposed lots to a public road. All accesses
shall be in accordance with Section 3 of the "Weld County Public Works Policies", Ordinance No. 180,
as amended.Through a subdivision process,the five proposed lots east of Weld County Road 15 would
be required to access from an internal road system.
3) Section 11.8.10- The proposed recorded exemption does not evade the statement of purpose as set
forth in Section 1.3 of this Ordinance. It is the opinion of the Department of Planning Services'staff that
the four Recorded Exemptions do evade the statement of purpose as set forth in Section 1.3 of the
Subdivision Ordinance for all the reasons stated previously.
Should the Board of County Commissioners approve this request, the Department of Planning Services' staff
recommends the following conditions be attached:
RE-2872
1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according
to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations.
2. Prior to recording the plat:
A. The Weld County Department of Planning Services approves the applicant's proposed building envelope
located in the southwest corner of the site,adjacent to Weld County Roads 40 and 15.The building envelope
shall be delineated on the plat.
B. The applicant shall submit to the Weld County Department of Planning Services evidence that any existing
septic system meets all requirements of the Weld County Department of Public Health and Environment.
The Weld County Department of Public Health and Environment was unable to locate a septic permit for the
septic system located at 19480 Weld County Road 15. Any existing septic system which is currently not
permitted through the Weld County Department of Public Health and Environment will require an I.S.D.S.
evaluation prior to the issuance of the required septic permits. In the event the system is found to be
inadequate, the system must be brought into compliance with current I.S.D.S. regulations.
C. In accordance with Weld County Department of Public Works Ordinance#180, Lots B and C shall be granted
one residential access. Direct access from a public road shall be limited to one access per legal parcel for
residential use,no circle drives or additional accesses shall be granted.The road shall be graded and drained
to provide all weather access.Accesses shall be placed in such a location as to have adequatesight distance
in both directions, shall not be placed below the crest of a hill or where physical obstructions are present and
shall be a minimum distance of 75 feet from any intersecting County or State roadway.
D. Lot C shall use the existing agricultural/oil and gas/ditch road access points necessary for agricultural
operations as no additional accesses shall be granted.
E. Lot A shall use the existing residential access point as no additional accesses shall be granted.
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 Roads 40 and 15 are designated on the Weld County Transportation Plan Map as local gravel
roads, which require 60 feet of right-of-way at full build out.There is presently 60 feet of right-of-way. A total
of 30 feet from the centerline of Weld County Roads 40 and 15 shall be delineated right-of-way on the plat.
These roads are maintained by Weld County.
H. The applicant shall address the requirements of Weld County School District RE-5J as stated in the referral
response received September 22, 2000. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services.
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 Lots B and C have 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/landownershall be responsible for controlling the noxious weeds, pursuant
to Weld County Ordinance 169A
6) Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of the
Recorded Exemption Process.Approval of this Recorded Exemption does not guarantee approval of
future applications on adjacent properties.
7) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural
counties in the United States, ranking fifth in total market value of agricultural products sold. The
rural areas of Weld County may be open and spacious, but they are intensively used for agriculture.
Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts
with longstanding agricultural practices and a lower level of services than in town. Along with the
drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views,
spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life.
Without neighboring farms, those features which attract urban dwellers to rural Weld County would
quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens,field work, harvest,and gravel roads;odor from
animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; and the
use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and
reservoirs cannot simply be moved out of the way of residential development without threatening the
efficient delivery of irrigation to fields which is essential to farm production.
Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public
or private nuisance if the agricultural operation alleged to be a nuisance employs methods or
practices that are commonly or reasonably associated with agricultural production.
Weld County covers a land area of over4,000 square miles in size(twice the State of Delaware)with
more than 3,700 miles of state and county roads outside of municipalities. The sheer magnitude of
the area to be served stretches available resources. Law enforcement is based on responses to
complaints more than on patrols of the county and the distances which must be traveled may delay
all emergency responses,including law enforcement,ambulance,and fire. Fire protection is usually
provided by volunteers who must leave their jobs and families to respond to emergencies. County
gravel roads, no matter how often they are bladed, will not provide the same kind of surface
expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials
may not be cleared for several days after a major snowstorm. Snow removal for roads within
subdivisions are of the lowest priority for public works or may be the private responsibility of the
homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient that urban dwellers.
Children are exposed to different hazards in the county than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and
center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and
livestock present real threats to children. Controlling children's activities is important, not only for
their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their
children.
Weld County is one of the most productive agricultural counties in the United States. The rural areas
of Weld County may be open and spacious, but they are intensively used for agriculture. Persons
moving into a rural area must recognize there are drawbacks, including conflicts with longstanding
agricultural practices and a lower level of services than in town.
3. Any proposed subdivision adjacent to or contained within this recorded exemption may be considered to be urban
scale development. Urban scale infrastructure may be required.
4. 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 11.7 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty(60)days from the
date of approval by the Weld County Board of County Commissioners.The applicant shall be responsible for paying
the recording fee.
RE-2873
1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according
to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations.
2. Prior to recording the plat:
A. The Weld County Department of Planning Services approves the applicant's proposed building envelope
located in the southwest corner of the site, adjacent to Weld County Road 15. The building envelope shall
be delineated on the plat.
B. The applicant shall submit to the Weld County Department of Planning Services evidence that any existing
septic system meets all requirements of the Weld County Department of Public Health and Environment.
The Weld County Department of Public Health and Environment was unable to locate a septic permit for the
septic system located at 19650 Weld County Road 15. Any existing septic system which is currently not
permitted through the Weld County Department of Public Health and Environment will require an I.S.D.S.
evaluation prior to the issuance of the required septic permits. In the event the system is found to be
inadequate, the system must be brought into compliance with current I.S.D.S. regulations.
C. In accordance with Weld County Department of Public Works Ordinance#180, Lot B shall be granted one
residential access. Direct access from a public road shall be limited to one access per legal parcel for
residential use, no circle drives or additional accesses shall be granted.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 agricultural/oil and gas/ditch road access points necessary for agricultural
operations as no additional accesses shall be granted.
E. Lot A shall use the existing residential access point as no additional accesses shall be granted
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 15 is designated on the Weld County Transportation Plan Map as a local gravel road,
which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 30
feet from the centerline of Weld County Road 15 shall be delineated right-of-way on the plat. This road is
maintained by Weld County.
H. The applicant shall address the requirements of Weld County School District RE-5J as stated in the referral
response received September 22, 2000. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services.
Two homes share water tap#401. The Little Thompson Water District is requiring each of these homes to
have separate taps. The applicant shall submit evidence that an additional water tap has been purchased
and that the requirments of the Little Thompson Water District have been completed.
J. The applicant shall provide the Weld County Department of Planning Services with a certificatefrom theWeld
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 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 tothe Department of
Planning Services that Lots B and C have 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/landownershall be responsible for controlling the noxious weeds,pursuant
to Weld County Ordinance 169A.
6) Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of the
Recorded Exemption Process.Approval of this Recorded Exemption does not guarantee approval of
future applications on adjacent properties.
7) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural
counties in the United States, ranking fifth in total market value of agricultural products sold. The
rural areas of Weld County may be open and spacious, but they are intensively used for agriculture.
Persons moving into a rural area must recognize and accept there are drawbacks,including conflicts
with longstanding agricultural practices and a lower level of services than in town. Along with the
drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views,
spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life.
Without neighboring farms, those features which attract urban dwellers to rural Weld County would
quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens,field work, harvest, and gravel roads;odor from
animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; and the
use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and
reservoirs cannot simply be moved out of the way of residential development without threatening the
efficient delivery of irrigation to fields which is essential to farm production.
Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public
or private nuisance if the agricultural operation alleged to be a nuisance employs methods or
practices that are commonly or reasonably associated with agricultural production.
Weld County covers a land area of over4,000 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 grid of surface
expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials
may not be cleared for several days after a major snowstorm. Snow removal for roads within
subdivisions are of the lowest priority for public works or may be the private responsibility of the
homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient that urban dwellers.
Children are exposed to different hazards in the county than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and
center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and
livestock present real threats to children. Controlling children's activities is important, not only for
their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their
children.
Weld County is one of the most productive agricultural counties in the United States. The rural areas
of Weld County may be open and spacious, but they are intensively used for agriculture. Persons
moving into a rural area must recognize there are drawbacks, including conflicts with longstanding
agricultural practices and a lower level of services than in town.
3. Any proposed subdivision adjacent to or contained within this recorded exemption may be considered to be urban
scale development. Urban scale infrastructure may be required.
4. 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 11.7 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty(60)days from the
date of approval by the Weld County Board of County Commissioners.The applicant shall be responsible for paying
the recording fee.
RE-2874
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. At the Board of County Commissioners Hearing:
A. The applicant shall submit justification for the location of the proposed building envelope located in the
southwest corner of the site.The building envelope as approved by the Board shall be delineated on the plat.
3. Prior to recording the plat:
A. The applicant shall submit to the Weld County Department of Planning Services evidence that any existing
septic system meets all requirements of the Weld County Department of Public Health and Environment.
The Weld County Department of Public Health and Environment was unable to locate a septic permit for the
septic system located at 19671 Weld County Road 15. Any existing septic system which is currently not
permitted through the Weld County Department of Public Health and Environment will require an I.S.D.S.
evaluation prior to the issuance of the required septic permits. In the event the system is found to be
inadequate, the system must be brought into compliance with current I.S.D.S. regulations.
B. Lot B shall use the existing agricultural/oil and gas/ditch road access points necessary for agricultural
operations as no additional accesses shall be granted.
C. Lot A shall use the existing residential access point as no additional accesses shall be granted.
D. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County
Department of Public Works to determine if a culvert is necessary at any approved 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.
E. Weld County Road 15 is designated on the Weld County Transportation Plan Map as a local gravel road,
which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way.A total of 30
feet from the centerline of Weld County Road 15 shall be delineated right-of-way on the plat. This road is
maintained by Weld County.
F. The applicant shall address the requirements of Weld County School District RE-5J as stated in the referral
response received September 22, 2000. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services.
G. Two homes share water tap#401. The Little Thompson Water District is requiring each of these homes to
have separate taps. The applicant shall submit evidence that an additional water tap has been purchased
and that the requirements of the Little Thompson Water District have been completed.
H. 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.
I. The following notes shall be placed on the plat:
•
1) All proposed or existing structures will or do meet the minimum setback and offset requirements for
the zone district in which the property is located. Pursuant to the definition of setback in the Weld
County Zoning Ordinance, the required setback is measured from the future right-of-way line.
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 Lot B 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 Weld County Ordinance 169A.
6) Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of the
Recorded Exemption Process.Approval of this Recorded Exemption does not guarantee approval of
future applications on adjacent properties.
7) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural
counties in the United States, ranking fifth in total market value of agricultural products sold. The
rural areas of Weld County may be open and spacious, but they are intensively used for agriculture.
Persons moving into a rural area must recognize and accept there are drawbacks,including conflicts
with longstanding agricultural practices and a lower level of services than in town. Along with the
drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views,
spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life.
Without neighboring farms, those features which attract urban dwellers to rural Weld County would
quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads;dust from animal pens,field work, harvest,and gravel roads;odor from
animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; and the
use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and
reservoirs cannot simply be moved out of the way of residential development without threatening the
efficient delivery of irrigation to fields which is essential to farm production.
Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public
or private nuisance if the agricultural operation alleged to be a nuisance employs methods or
practices that are commonly or reasonably associated with agricultural production.
Weld County covers a land area of over4,000 square miles in size(twice the State of Delaware)with
more than 3,700 miles of state and county roads outside of municipalities. The sheer magnitude of
the area to be served stretches available resources. Law enforcement is based on responses to
complaints more than on patrols of the county and the distances which must be traveled may delay
all emergency responses, including law enforcement,ambulance,and fire. Fire protection is usually
provided by volunteers who must leave their jobs and families to respond to emergencies. County
gravel roads, no matter how often they are bladed, will not provide the same kind of surface
expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials
may not be cleared for several days after a major snowstorm. Snow removal for roads within
subdivisions are of the lowest priority for public works or may be the private responsibility of the
homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient that urban dwellers.
Children are exposed to different hazards in the county than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and
center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and
livestock present real threats to children. Controlling children's activities is important, not only for
their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their
children.
Weld County is one of the most productive agricultural counties in the United States. The rural areas
of Weld County may be open and spacious, but they are intensively used for agriculture. Persons
moving into a rural area must recognize there are drawbacks, including conflicts with longstanding
agricultural practices and a lower level of services than in town. •
4. Any proposed subdivision adjacent to or contained within this recorded exemption may be considered to be urban
scale development. Urban scale infrastructure may be required.
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 11.7 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty(60)days from the
date of approval by the Weld County Board of County Commissioners.The applicant shall be responsible for paying
the recording fee.
iiTsH‘r,
DEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices
1555 N. 17th Avenue, Greeley, CO 80631
WliD Ci Phone (970) 353-6100, Ext. 3540
Q Fax (970) 304-6498
COLORADO
December 1, 2000
Board of County Commissioners
Weld County Centennial Center
915 10th Street
Greeley, CO 80631
Subject: Recorded Exemptions RE-2872, RE-2873 and RE-2874
Dear Commissioners:
Olson Bros. LLC have requested three Recorded Exemptions to occur on part of Sections 29 and 30,
T4N, R67W of the 6TH P.M., Weld County, CO. The applicants are proposing to create seven lots on
223 acres. They have also created two additional Recorded Exemption lots on an adjacent property in
July of this year. Further, the applicants have submitted a nine lot PUD sketch plat on the previous
Recorded Exemption lots.
Planning staff has found that the application is not in compliance with Section 11.8.7 of the Weld
County Subdivision Ordinance. For this reason we are requesting the case be reviewed by the Board
of County Commissioners.
Section 11.4.2.1 of the Subdivision Ordinance addresses conformance with the Weld County
Comprehensive Plan Urban Growth Boundary Goals and Policies and any approved Intergovernmental
Agreement(s)when the recorded exemption application is located within a specified Intergovernmental
Boundary Area(s). It is the opinion of the Weld County Department of Planning Services' staff that four
Recorded Exemptions creating nine lots on adjacent properties do not meet the intent of the goals and
policies of the Weld County Comprehensive Agricultural Goals and Policies. A.Policy 1 states,
"Agricultural zoning will be established and maintained to protect and promote the County's
agricultural industry. Agricultural zoning is intended to preserve prime agricultural land and to provide
areas for agricultural activities and uses dependent upon agriculture without the interference of
incompatible residential, commercial, and industrial land uses." The U.S.D.A. Soils Maps indicate that
the soils on these properties are designated "Prime" lands with a portion of RE-2873 designated "Other"
lands.
A.Goal 3. states"Discourage urban-scale residential, commercial, and industrial development which is
not located adjacent to existing incorporated municipalities." The Recorded Exemption process has
been utilized to create nine lots, rather than the appropriate subdivision process. The Recorded
Exemption process does not require the applicant to provide the same services that the subdivision
process would require. The applicant is not required to provide an internal road system, public water, a
Geotechnical Survey to evaluate any Geological Hazards and soil conditions of the proposed lots, or
any of the other requirements for a proposed subdivision. Normally a subdivision requires a Change of
Zone as part of the process, however, these lots will remain zoned Agricultural. The subdivision
process also requires public hearings, with public input. In this case the public is not notified of
Recorded Exemptions and does not have the opportunity to comment on the seven lots being created
through this process.
Section 1.3.1 of the Subdivision Ordinance addresses orderly and integrated development. A.Policy 3.
of the Comprehensive Plan discourages the conversion of agricultural land to urban-scale residential,
commercial, and industrial development when the subject site is located outside of an approved
Intergovernmental Agreement area, Urban Growth Boundary area, or 1-25 Mixed Use Development
area and Urban Development Nodes. This policy is intended to promote conversion of agricultural
land in an orderly manner which is in harmony with the phased growth plans of a municipality and the
County. In addition, this policy is expected to contribute to minimizing the costs to Weld County
taxpayers of providing additional public services in rural areas for uses that require services on an
urban level. At this time the Olson Bros LLC and an adjacent property owner are proposing 30 lots on
adjacent properties in this area. The Town of Johnstown has indicated that they are opposed to any
development that would create enclaves in their Urban Growth Area until an Intergovernmental
Agreement is in place. Recorded Exemption requirements are not equipped to address the potential
impacts of urban scale development.
Section 11.8.1 of the Subdivision Ordinance states "The water supply for all lots as proposed by the
recorded exemption application is adequate in terms of quality, quantity, and dependability." The Little
Thompson Water District has indicated requirements regarding installation of a six inch water line, fire
hydrant fees and system impact fees. The Recorded Exemption process does not require an
Improvements Agreement and collateral to ensure that adequate services will be installed.
The Department of Planning Services' staff requests that the Board of County Commissioners
consider the applications and determine if the standards of Sections 11.2 through 11.8 of the Weld
County Subdivision Ordinance have been met and adhere to the goals and policies of the Weld
County Comprehensive Plan.
Sincerely,
O O1477
Sheri Lockman
Planner II
DEPARTMENT OF PLANNING SERVICES
(itQ 1555 N. 17th Avenue
Greeley, CO 80631
Phone (970) 353-6100, Ext. 3540
Fax (970) 304-6498
1111 C.
COLORADO
September 12, 2000
Todd Hodges Design, LLC
2412 Denby Ct
Ft. Collins, CO 80526
Subject: RE-2872 A Recorded Exemption located on a parcel of land described as SW4 of Section 29,
Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado.
Dear Mr. Hodges:
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.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three
miles of the property in question or if the property under consideration is located within the comprehensive
planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials
to the Berthoud, Johnstown, Mead and Milliken Planning Commissions for their review and comments. It is
recommended that you and/or a representative be in attendance at the Berthoud, Johnstown, Mead and
Milliken Planning Commission meetings to answer any questions the Commission members may have with
respect to your application. Please call the Town of Berthoud at 970-532-3754, the Town of Johnstown at
970-587-4664, the Town of Mead at 970-535-4477, and the Town of Milliken at 970-587-4331, for further
details regarding the date, time, and place of these meetings.
If you have any questions concerning this matter, please call me.
SinccJeerely, �/
(-4/6-) y� ��
Sheri Lockman
Planner
Todd Hodges Design, LLC
February 8, 200 I
Ms. Sheri Lockman
Weld County Planning Department
1555 N. I 7`h Avenue
Greeley, Colorado 8063 I
RE: RE-2872, 2873 $ 2874 plats
Dear Sheri:
This letter is a formal request for an extension concerning the time allowed for
submitting mylar plats of the three approved Recorded Exemptions listed above.
Due to the timing of the approval with the holiday season and the workloads of the area
surveyors we have not been able to get the plats completed to date. We are working
on the conditions of approval and with a surveyor to complete the plats for your review.
We will submit a paper copy of the plats for your review at the earliest date possible
prior to creating the mylars for recording.
If you have any questions, I may be contacted at the number, address or email below.
Sincerely,
To d A. Hodges, A
TODD HODGES DESIGN, LLC
Cc: Olson Bros, LLC
Pc: project He
2412 1)enhr Court • Fort Collins, Colorado 80526 • (970) 207-0272 *fix (561) 828-8059
email: toddhodgesdlesign(a eaHhlink.net
WELD COUNTY,COLORADO
DEPARTMENT OF PLANNING SERVICES
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FIELD CHECK inspection date:9/20/2000
CASE NUMBER: RE-2872, RE-2873 and RE-2874
APPLICANT: Olson Bros LLC
LEGAL DESCRIPTION: Pt of W2 Section 29, T4N, R67W and pt. E2 Section 30,
T4N, R67W of the 6th P.M., Weld County, CO
LOCATION: North of and adjacent to Weld County Road 40 and west and east of and
adjacent to Weld County Road 15
Zoning Land Use
N A (Agricultural) N Agricultural / Residential
E A (Agricultural) E Agricultural / Residential
S A (Agricultural) S Agricultural
W A (Agricultural) W Agricultural
COMMENTS: All the lots are irrigated farmland in corn and beets. All
proposed Lot A s have existing homes. Oil and gas
structures exist on and adjacent to RE-2874. Railroad
runs north of the properties.
1 °
/
CV2A u
Sheri Lockman, Planner II
ff
Wep APPLICATION FLOW SHEET
COLORADO
APPLICANT: Olson Bros LLC CASE #: RE-2872
REQUEST: (Recorded Exemption)
LEGAL: SW4 Section 29, T4N, R67W of the 6th P.M., Weld County, CO
LOCATION: North of and adjacent to Weld County Road 40 and east of and adjacent to Weld
County Road 15
PARCEL ID #: 1059 29 000007 and 0000254 ACRES: 160
Date By
Application Received 9/8/2000 JAC
Application Completed 9/12/2000 SL
Referrals listed 9/12/2000 SL
Design Review Meeting (PUD)
File assembled 1-12-00
Letter to applicant mailed (7— I3'(JO ITS
Vicinity map prepared
Referrals mailed i3-6b ( aS
Chaindexed I o0 [fS
Field check by DPS staff
Administrative Review decision:
Date By
County Commissioners Hearing Date (if applicable)
Surrounding property owners notified
Air photo and maps prepared , ' 2/
CC action: c(� ,� j,2/r g/COl
CC resolution eceived
Recorded on maps and filed 7/2-,.2CWj
Overlay Districts
Zoning Agricultural
MUD Yes No_x_
IGA Yes No_x_
Airport Yes No_x_
Geologic Yes No_x_
Flood Hazard Yes No_x Panel #080266 0750 C
Road Impact Yes No_x_ SW Weld 1_ 2_ 3_ Windsor_
DEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices, 1555 N. 17th Avenue, Greeley Colorado 80631
Phone (970) 353-6100, Ext. 3540—Fax#(970) 352-6312
APPLICATION FOR RECORDED EXEMPTION
Application Fee Receipt Number Case Number g L__02 9-72 -_
Recording Fee Receipt Number Zoning District
Application Checked By Planner Assigned to Case
TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures).
I (we),the undersigned hereby request that the following described property be designated a recorded exemption
by the Weld County Board of County Commissioners.
Legal Description: SW 1/4 29-04-67 Total Acreage: 160 acres Zoning Ag
Parcel Number: 1059 29 000007 & 1059 29 000025 (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_ No X
Does the parcel of land under consideration lie in any of the following Overlay Districts?
Flood Hazard: Yes No X; Airport: Yes No X; Geological Hazard: Yes No X
FEE OWNERS OF PROPERTY
Name: Olson Bros LLC Home Phone# NA Work Phone (970) 532-2948
Address: 1208 Wagon Wheel Court City/State/Zip Code Berthoud, Colorado 80513
Applicant or Authorized Agent: TODD HODGES DESIGN, LLC do: Todd Hodges Phone # (970) 207-0272
Address: 2412 Denby Court City/State/Zip Code Fort Collins, Colorado 80526
Smaller Parcel
Larger Parcel Smaller Parcel Applicable only for 3-lot
Recorded Exem tion
Water Source Little Thompson Water Dist. Little Thompson Water Dist. Little Thompson Water Dist.
Type of Sewer Septic Septic Se tic
Proposed Use A./Res A /Res Ag/Res
Acreage 153.25 acres, more or less 4.25 acres, more or less 2.5 acres, more or less
Existing Dwellings
Yes or No No No Yes
Existing Dwellings Address (if applicable):
Larger Parcel NA Smaller Parcel NA
Smaller Parcel (applicable only for 3-lot Recorded Exemption) /pfo WCR 15
I hereby state that all statements, proposals, or plans submitted with this application are tru and correct to the best
of my knowledge.
ee� rig
Rev: 1-27-97 - Signa re: Owner or Aut orifed Ag n
Todd Hodges Design, LLC
Recorded Exemption Application
SW �/4 29-04-67
Prepared for:
Olson Bros LLC
1208 Wagon Wheel Court
Berthoud, Colorado 805 13
Prepared by:
Todd hodges Design, LLC
24 12 Denby Court
Fort Collins, Colorado 80526
Submitted:
September 8, 2000
2412 Denby Court • Fort Collins, Colorado 80526 • (970) 207-0272 • fax: (561)828-8059
email: toddhodgesdesign(aearthlink.net
Olson Bros LLC
1208 Wagon Wheel Court
Berthoud, Colorado 80513
To Whom It May Concern:
Please be advised that I, Gary Olson, Manager hereby authorize Mr. Todd Hodges of
Todd Hodges Design, LLC, to represent me in my endeavor to subdivide my property
described as SW '/a 29-04-67 west of the 6th P.M., Weld County, Colorado.
04 0
Gary Olso , anager date
Recorded Exemption Questionnaire
1. Water supply statements addressing the following:
a. Domestic use; The existing residence on Lot A is currently served with domestic water
from Little Thompson Water District. Lots B and C are proposed to be served by Little
Thompson Water District. Attached is an "intent to serve" letter. It is understood that
evidence of water will be required prior to release of building permits on Lots B and C.
b. Irrigation water; Irrigation associated with this site will remain with Lot C.
2. A statement explaining that the proposed lots will have an adequate means for the
disposal of sewage in compliance with the requirements of the underlying zone district
and the Weld County Health Department. A copy of the septic permit or a letter from
the sewage disposal facility must accompany the application.
The proposed lots will have an adequate means for the disposal of sewage and will maintain
compliance with the requirements of the zone district and the Weld County Health
Department. A septic permit will be obtained with any residential building permits. There
is an existing septic system located on Lot A. The existing septic system was constructed
prior to permitting. Submitted within the application packet is a "statement of existing
septic"for the files of the Weld County Department of Public Health and Environment.
3. A description of how the property is being used. When the parcel(s) is located in the
agricultural zone district, the description shall include approximate acreage of prime
and nonprime farmland as defined in the Weld County Comprehensive Plan, number
and types of livestock and any existing improvements such as the principal residence,
labor home, mobile home, manufactured home, barn, outbuildings, irrigation ditches,
and oil well production facilities on the property.
The property is currently and has been in agricultural and residential uses. The existing
improvements are located on Lot A. The subject property is designated as "prime"
farmland, however, the 2.5 acres contained in Lot A is where the improvements and less
productive portion of the parcel exists. Lot B is a less productive portion of the parcel but
will have the ability to continue to be utilized for agricultural uses. Lot C will retain the
more productive portion of the property and will have the ability to continue in agricultural
production. There are no animal units located on the property at this time. There are no oil
and gas,facilities located on this parcel.
4. The reason for the proposed recorded exemption with an explanation how each lot will
be used.
The purpose of this application is to remove existing improvements and non-productive
portions of the site from the remaining farmland. Lot A will continue in its residential use,
while Lot B will have the ability to continue in agricultural uses, with the potential addition
of a residence that will be located adjacent to Lot A. Lot B is on a portion of ground that
will not be irrigated by the proposed pivot. Lot C will have the ability to continue in
agricultural production.
5. A description of the location, size and present use of the area where the proposed new
lot(s)will be created.
Lot A is proposed to be 2.5 acres, Lot B is proposed to be 4.25 acres and Lot C is proposed
to be 153.25 acres. Lot A has existing improvements, Lot B is a less productive portion of
the property that will not be irrigated by the proposed pivot, while the productive portions
of the site are located on Lot C. The proposed building envelope for Lot C is located on an
area that will not be irrigated by the proposed pivot. See attached site map for the location
of the lots and existing improvements.
6. A statement describing any unique physical characteristics on the site, if applicable.
The Farmers Extension ditch runs through the property.
7. A statement indicating that all proposed or existing structures will or do meet
minimum setback and offset requirements for the zone district in which the property is
located.
All proposed structures will meet the minimum setback and offset requirements for the
agricultural zone district.
8. A statement indicating whether the applicant is willing to place a conservation
easement on the property to maintain farm production or open space.
A conservation easement is not applicable to this proposal.
9. A statement indicating whether a building envelope will be designated on any of the
lots.
A building envelope is proposed for Lot C. The location of the building envelope on Lot C
was chosen to promote the continued ability for agricultural production and was located on
a portion that will not be irrigated by the proposed pivot. Lot A contains existing
improvements. The proposed location of the lots and building envelope allows for no
impact upon the productive portion of the property.
10. A statement explaining how the proposal is consistent with the Weld County
Comprehensive Plan and any adopted municipal plan, and any approved
intergovernmental agreement(s), if applicable.
This proposal allows for the continued agricultural uses of the site and passive open space
for the benefit of the citizens of Weld County. This proposal does not take "prime"
farmland out of production and allows the property owner to remove the existing
improvements and less productive portions from the farmland. The comprehensive plan
gives direction to create ways to subdivide agricultural land This proposal utilizes the
creative 3-lot recorded exemption versus splitting the property into two 80 acres parcels
thus reducing the potential for the greatest agrarian uses of the property. This proposal is
not located within an Urban Growth Boundary area, as designated by Weld County. The
property is not located within any existing IGA boundary areas or within any of the overlay
districts as delineated on the maps adopted by Weld County. The property is located within
the referral boundaries of Johnstown and Milliken.
11. A statement explaining how the proposed uses will be compatible with existing
surrounding land uses.
The existing surrounding land uses are comprised mainly of agricultural and residential
uses. This proposal is very compatible with the existing surrounding agricultural and
residential land uses and the future proposed land uses of the area.
12. A statement explaining how the proposal is consistent with the intent of the district it is
located within as expressed in the Weld County Zoning Ordinance, as amended, and
the Weld County Comprehensive Plan.
This proposal is consistent with the intent of the Agricultural zone district in the fact that the
proposed land division will not take any truly "prime" agricultural land out of production.
This proposal allows the property owner to separate existing improvements and less or non-
productive portions from the farmland. This proposal allows the site to continue in
agricultural uses and passive open space. Existing improvements and non-productive land
can be an unnecessary burden to the property owner. As stated above, the proposed lots
and building envelope on Lot C are placed in locations that will not be irrigated by the
proposed pivot. The applicant believes that this proposal meets the intent of the
Agricultural zone district.
13.A statement explaining how the proposal is consistent with efficient and orderly
development as defined in the Weld County Subdivision Ordinance, Section 1.3.
The agricultural uses on the site may continue with little or no affect from the proposed land
division and allows the property owner to promote the sites most productive agrarian use.
The true intent of the property owner is to remove existing improvements and non-productive
portions of the property. The use of innovative planning tools such as clustering, a building
envelope and use of existing access points, this proposal is very efficient and orderly. The
proposed larger lot allows for continued agricultural production and passive open space for
the benefit of the citizens of Weld County. This proposal uses existing access points to the
Weld County road. This proposal does not remove existing vegetation or create any fire
hazards for the area. This proposal, if approved will improve existing land survey
monuments and records by creation of a plat for the proposal. This proposal does not create
erosion, sedimentation or other pollution of surface and subsurface water. This proposal is
not located within any overlay districts, as delineated on the maps adopted by Weld County.
As stated above, the use of the 3-lot recorded exemption versus splitting the property into two
80 acre parcels allows for a more efficient use of the property and by approving this request,
Weld County will ensure the ability for the property to continue in agricultural production.
The review and conditional approval of this proposal will insure the health, safety, and
general welfare of the residents of Weld County.
ad File#
RE:
- Other Case No.
APPENDIX B
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Public Works Department Date:
lilt H Street,P.O.Box 758, Greeley,CO 80632
Phone: (970 )356-4000,Ext. 3750 Fax: (970)304-6497
1. Applicant Name aL LLL- Phone 0170) Sa5Z 0:14
Address 12 ofr7 \s/Aeapi4 \JlLat.L / )161 City - -filDer State r2_Zip J,h ft'S
2. Address or location of access (l`t$4 via-. ( 7
Section 2-1 Township o'f Range 47
Subdivision NA Block Lot
Weld County Road # 147 Side of Road l=' Distance from nearest intersection
3. Is there an existing access to the property? Yes No #of accesses 6
4. Proposed Use:
l' Permanent i Residential/Agricultural Cl Industrial .I
Cl Temporary 0 Subdivision Cl Commercial A Other 47t t
5. Site Sketch
= - i
Legend for Access Description: 11� �(.„,
AGAgricultural 4o►
RES = Residential 11100446O&G= Oil&Gas
D.R. = Ditch Road
/tom - �tAr (4$ L-J -&.w
Leo
7 ki A6I 7
***********************************************************************************************************
OFFICE USE ONLY:
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions _
Cl Installation authorized Cl Information Insufficient
Reviewed By: Title:
7
Plat Checklist POC Planner
Item Comments Check Check
Proper size of plat 24" x 36" or 18" x 24"
Boundaries of Lots
Scale Suitable Scale? (Approximately 1"=200'or 1"=100') r�
Accesses indicated Shared Access?If so, is easement Certificate included?
Roads labeled, including
R.O.W /1"--
Building Envelope(s)
Vicinity Map Suitable Scale? ((Approximately 1"=2000')
North Arrow
Legal Description
Notes from Planner/
Development Standards
Conditions of Approval
Owner's Certificate Notarial Certificate included? All owners must sign the plat,
check the deed.
Surveyor's Certificate and All surveyed plats
Surveyor's Stamp Note: USR plats do not need to be surveyed
Director of Planning Notarial Certificate included'?(RE, SE, SPR,Final PUD if
Certificate Staff Approved)
Planning Commission (USR,COZ,Minor Sub. Final)
Certificate
Board Certificate (USR,COZ„Minor Sub Final)
(Final PUD,RE, SE&ZPMH if Board approved)
Typical Road Cross Section (COZ,Final Minor Sub. and Final PUD)
Easements
Please return the plat to the CAD Technician within 24 hours of receiving the plat.
Planner on Call: (Initials)
Planner Signature: GcAl Date: 7/-/0/
From Todd Hodges Design to 1-970-304-6498 at 6/26/01 3: 16 PM Pg 002/004
Report Date:06/25/2001 11:07AN1 WELD COUNTY ASSESSOR Page: 1
STATEMENT OF TAXES DUE
SCHEDULE NO: R4643186
ASSESSED TO: X.
OLSON BROS LLC j
PO BOX 38
BERTHOUD,CO 80513
LEGAL DESCRIPTION:
22456 SW4 29 4 67 EXC BEG NE COR SW4 S392'NWLY TO PT 222'W OF NE COR SW4 E222'TO BEG
EXC UPRR RES (IMPS ONLY'- PIN#0037087) (4R 5D 10S)
PARCEL: 105929000007 SITUS ADD:
TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE
2000 TAX - 1,318.12 0.00 0.00 1,318.12 0.00
TOTAL TAXES 0.00
GRAND TOTAL DUE GOOD THROUGH 06/25/2001 0.00
ORIGINAL TAX BILLING FOR 2000 TAX DISTRICT 0515-
Authority Mill Levy Amount Values Actual Assessed
WELD COUNTY 22.038 351.05 AGRICULTURAL L 34,454 9,990
SCHOOL DIST RE5J 42.948 684.16 AGRICULTURAL B 801 230
NCW WATER 1.000 15.93 AGRICULTURAL R 58,646 5,710
SVW WATER 0.303 4.83
LTW WATER 0.000 0.00 TOTAL 93,901 15,930
JOHNSTOWN FIRE , 6.856 109.22
AIMS JUNIOR COL 6.351 101.17
WELD LIBRARY 3.249 51.76
. 82.745 1,318.12 - TAXES FOR 2000 _
A .
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES, CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,
REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
P.O. Box 458 -
Greeley, CO 80632 .
(970)353-3845 ext.3290 .
or Weld County Treasurer
t
Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes
Due, issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes,
special assessments and prior tax liens currently due and payable connected with the parcel(s)
Iidentified therein have been paid in full.The lien for the current year has attached for property
taxes and special assessments, but is not currently due and payable.
Signed: v9 Date: [C�- ,,- u 1
REFERRAL LIST
NAME: Olson Bros LLC CASE NUMBER: RE-2872
REFERRALS SENT: September 12, 2000 REFERRALS TO BE RECEIVED BY: October 4, 2000
COUNTY TOWNS and CITIES
Attorney _Ault
/i_X_Health Department p _X Berthoud
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 _X Johnstown
Water Conservation Board Keenesburg
Oil and Gas Conservation Commission Kersey
Division of Wildlife: LaSalle
Loveland Lochbuie
Greeley Longmont
Division of Minerals/Geology _X Mead
FIRE DISTRICTS _X 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
_X_Johnstown F-8
La Salle F-9
Mountain View F-10 COUNTIES
Milliken F-11 Adams
Nunn F-12 Boulder
Pawnee F-22 Larimer
Platteville F-13
Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES
Poudre Valley F-15 US Army Corps of Engineers
Raymer F-2 USDA-APHIS Veterinary Service
Southeast Weld F-16 Federal Aviation Administration
Windsor/Severance F-17 Federal Communication Commission
Wiggins F-18
Union Colony F-20 SOIL CONSERVATION DISTRICTS
_X Big Thompson
OTHER Fort Collins
School District RE-9 Greeley
_X Farmer's Extension Ditch Company Longmont
West Adams
1r"LEJV Li3: dLl 9T_�S i�_�_. rUAN UP MEAD
PAGE 11
Kr4t1:4;;\\;.
Weld County Referral
COLORADO September 12, 2000
The Weld County Department of Planning Services has received the following item for review:
Applicant Olson Bros LLC Case Number RE-2872
Please Reply By October 4, 2000 Planner Sheri Lockman
Project Three-Lot Recorded Exemption
Legal SW4 of Section 29, Township 4 North, Range 67 West of the 6th P.M., Weld
County, Colorado,
Location North of and adjacent to WCR 40 and east of.and adjacent to WCR 15. For a
more precise location, see legal.
Parcel Number 1059 29 000007 and 000025
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
.52 We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
•
Signature 61- //VIVO'+
Agency /Or)" g>7 1- Date
+Weld County Planning Dept. 41555 N. 17th Ave.Greeley, CO. 80631 +'(970)353-6100 ext.3540 4(970)304-6498 fax
;N.)
p Weld County Referral
C.
COLORADO September 12, 2000
The Weld County Department of Planning Services has received the following item for review:
Applicant Olson Bros LLC Case Number RE-2872
Please Reply By October 4, 2000 Planner Sheri Lockman
Project Three-Lot Recorded Exemption
Legal SW4 of Section 29, Township 4 North, Range 67 West of the 6th P.M., Weld
County, Colorado.
Location North of and adjacent to WCR 40 and east of and adjacent to WCR 15. For a
more precise location, see legal.
Parcel Number 1059 29 000007 and 000025
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
cr�JC 1'�C \!1 h C1±C% fd (
-Kt n 1L \C, r v-
Signature ( tifV lot ( fen
Agency � �pi ioii(L Date
+Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO. 80631 :•(970)353-6100 ext.3540 .•(970)304-6498 fax
r-_ 0 Weld Co ty Planning Dept
^a.EP 7 9 2000
I R E C U V D
CWeld County Referral
COLORADO September 12, 2000
The Weld County Department of Planning Services has received the following item for review:
Applicant Olson Bros LLC Case Number RE-2872 I
Please Reply By October 4, 2000 Planner Sheri Lockman EE
Project Three-Lot Recorded Exemption i
Legal SW4 of Section 29, Township 4 North, Range 67 West of the 6th P.M., Weld
County, Colorado.
Location North of and adjacent to WCR 40 and east of and adjacent to WCR 15. For a
more precise location, see legal.
Parcel Number 1059 29 000007 and 000025
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
Signature y/a7/G
Agency %a'+'+� 7 X M 1 Date
+Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
tAttk MEMORANDUM
' TO: Sheri Lockman, Planner II DATE: December 11, 2000
CFROM: Donald Carroll, Engineering Administrator
SUBJECT: RE-2872, Olson Bros. LLC
COLORADO
The Weld County Public Works Department has reviewed this proposal. This project falls primarily under the Weld
County Recorded Exemption Standards. Our comments, concerns, and requirements are as follows:
COMMENTS:
WCR 15 is designated on the Transportation Plan Map as a local gravel road,which requires a 60-foot right-of-way at
full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the
definition of SETBACK in the Weld County Zoning Ordinance (Ordinance 89, as amended), the required setback is
measured from the future right-of-way line.
WCR 40 is designated on the Transportation Plan Map as a local gravel road, which requires a 60-foot right-of-way at
full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the
definition of SETBACK in the Weld County Zoning Ordinance (Ordinance 89, as amended), the required setback is
measured from the future right-of-way line.
CONCERNS:
The Weld County Public Works Department has concerns on avoiding the subdivision process by the Olson Bros. LLC.
They have submitted three recorded exemptions adjacent to each other, creating four new residential building sites
within three quarters of a mile.
Should the Board of County Commissioners approve this request, staff recommends the following conditions be
attached:
REQUIREMENTS:
The residential access shall be placed in such a location to have adequate sight distance in both directions and not
below the crest of a hill or where physical obstructions are present. (Lots B & C)
If a drainage culvert is required, a 15-inch corrugated metal pipe is the County's minimum size requirement. If the
applicant chooses to place a larger culvert,please contact the Public Works Department to adequately size your culvert.
(Lots B & C)
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.
The applicant shall utilize the existing residential/agricultural access to this parcel,and no additional accesses shall be
granted. (Lot A)
Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation. No
additional accesses shall be granted. (Lot C)
Pursuant to Ordinance 169A, if noxious weeds exist on the property or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds.
pc: RE-2872
plan23re.wpd
' -- �--vz.D ''�'n^I UWN HALL PAGE 01
- 1/4,),..re...--t 4
, 41,_,r,.;
..
C • Weld County Refe al
COLORADO September 12, 2000
The Weld County Department of Planning Services has received the following item for review:
Applicant Olson Bros LLC Case Number RE-2872 i
Please Reply By October 4, 2000 Planner Sheri Lockman f
Project Three-Lot Recorded Exemption i
Legal SW4 of Section 29, Township 4 North, Range 67 West of the 6th P.M., Weld
County, Colorado.
Location North of and adjacent to WCR 40 and east of,and adjacent to WCR 15. For a
more precise location, see legal.
Parcel Number 1059 29 000007 and 000025 l
I
The application is submitted to you for review and recommendation, Any comments or recomme dation you
consider relevant to this request would be appreciated. Please reply by the above listed date so t;at we may
r give full consideration to your recommendation. Any response not received before or on this d to may be
deemed to be a positive response to the Department of Planning Services. If you have any furthe questions
regarding the application, please call the Planner associated with the request.
•
We have reviewed the request and find that it does does not c mply with our Comprehen We Plan
❑ We have reviewed the request and find no conflicts w our interests.
fa See attached letter.
Comments:
14 eri-l-pz.v. tt io..._/6/4/)--ete-ci dia/ce,04,:/,..J
- 1- tc.)„6O Gt 0 ��L.AVO / S
,6,-era-de
Signature N sue, v Aced_ l"_47._c _ 2 y/-9-a/ )
Agency c---14-k. ..4. C:} )/1.S 7b2-,--/A— Date
.Weld County Planning Dept. .1555 f. 17th Ave.Greeley,CO.80831 :•(970)353-8100 ext.3540 0(970)304- 498 fax
94(1-14 jitlig-6 RECEIVED
SEE 14 2000
WELD COUNTY
PUBLIC WORKS DEPT
IIIC.o Weld County Referral
COLORADO September 12, 2000
The Weld County Department of Planning Services has received the following item for review:
Applicant Olson Bros LLC Case Number RE-2872
Please Reply By October 4, 2000 Planner Sheri Lockman
i
i
Project Three-Lot Recorded Exemption I
Legal SW4 of Section 29, Township 4 North, Range 67 West of the 6th P.M., Weld I
County, Colorado.
Location North of and adjacent to WCR 40 and east of and adjacent to WCR 15. For a
more precise location, see legal.
r
Parcel Number 1059 29 000007 and 000025 �, i
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
ASee attached letter.
Comments:
Signature t 10 — 6-cain
Agency LLAJI L 1iJ 6„4.jia- Date
:•Weld County Planning Dept. :•1555 N. 17th Ave. Greeley, CO. 80631 •:•(970)353-6100 ext.3540 •}(970)304-6498 fax
MEMORANDUM
mpole TO: Sheri Lockman, Planner II DATE: October 13, 2000
FROM: Donald Carroll, En ine_eringAc inistratoP9
l Veld c
SUBJECT: RE-2872, Olson Bros LLC An
oG� 13 20OO
COLORADO RECEIVE D
The Weld County Public Works Department has reviewed this proposal. This project falls primarily under the Weld
County Recorded Exemption Standards. Our comments and requirements are as follows:
COMMENTS:
WCR 15 is designated on the Transportation Plan Map as a local gravel road,which requires a 60-foot right-of-way
at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to
the definition of SETBACK in the Weld County Zoning Ordinance (Ordinance 89, as amended), the required
setback is measured from the future right-of-way line.
WCR 40 is designated on the Transportation Plan Map as local gravel road,which requires a 60-foot right-of-way
at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to
the definition of SETBACK in the Weld County Zoning Ordinance (Ordinance 89, as amended), the required
setback is measured from the future right-of-way line.
REQUIREMENTS:
The Weld County Public Works Department recommends approval of this application.
The residential access shall be placed in such a location to have adequate sight distance in both directions and
not below the crest of a hill or where physical obstructions are present. (Lots B and C)
If a drainage culvert is required, a 15-inch corrugated metal pipe is the County's minimum size requirement. If
the applicant chooses to place a larger culvert, please contact the Public Works Department to adequately size
your culvert. (Lots B and C)
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.
The applicant shall utilize the existing residential access to this parcel, and no additional accesses shall be
granted. (Lot A)
Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation. No
additional accesses shall be granted. (Lot C)
Pursuant to Ordinance 169A, if noxious weeds exist on the property or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds.
pc: RE-2872
plan]re wpd
'mad File#
- Other Case No.
APPENDIX B
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Public Works Department Date: -
1111 H Street,P.O.Box 758, Greeley,CO 80632
Phone: (970)356-4000,Ext. 3750 Fax: (970)304-6497
1. Applicant Name /7L LLL Phone (q?o) 4,1-- 2-14
Address 12.O5 'JA4arl WLJ.L. /.(nxr- City -4 -�ilaeO State Oa Zip Se '( '
2. Address or location of access (14So \data (ee
Section ol-9 Township o'{ Range 4.7
Subdivision NA Block Lot
Weld County Road # I'S Side of Road l' Distance from nearest intersection
3. Is there an existing access to the property? Yes No #of accesses 6
4. Proposed Use: v
Permanent idl Residential/Agricultural ❑ Industrials
0 Temporary ❑ Subdivision ❑ Commercial 4 Other
5. Site Sketch l
t� A
Legend for Access Description: y
AG = Agricultural 4 LW
RES = Residential cowaS
O&G= Oil&Gas
D.R. = Ditch Road I_
mk l44k Gt nket
A(vdl N , �-
A4/b' —°
WI D AU
***********************************************************************************************************
OFFICE USE ONLY:
Road I(-3.- ADT "/-) Date /`-/ k^ 7? Accidents Date
Road 97 ADT Date a c:-' ^i7 Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
***********************************************************************************************************
❑ Installation authorized ❑ Information Insufficient
Reviewed By: Title:
7
• a
MEMORANDUM
TO: Sheri Lockman DATE: October 3, 2000
O FROM: Sheble McConnellogue, Environmental Health
•
COLORADO SUBJECT: Olson Bros, LLC
CASE: RE-2872
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.
2. All septic systems located on the property shall have appropriate permits from the Weld
County Department of Public Health & Environment. The Environmental Health Division of
the Weld County Department of Public Health & Environment was unable to locate a septic
permit for the septic system located at 19480 WCR 15, on the smaller parcel of this
application. Any existing septic system(s)which is not currently permitted through the Weld
County Department of Public Health & Environment will require an I.S.D.S. Evaluation prior
to the issuance of the required septic permit(s). In the event the system(s) is found to be
inadequate,the system(s)must be brought into compliance with current I.S.D.S. regulations.
sm/2872
Weld County Planning Dept
CT 0:5 2000
RECEIVED
2hF7b :.b: N7 ':17i5d7267 MI_b1KEN PAGE b4
Weld County Referral
COLORADO September 12, 2000
The Weld County Department of Planning Services has received the following item for review:
Applicant Olson Bros LLC Case Number RE-2872
Please Reply By October 4, 2000 Planner Sheri Lockman
Project .Three-Lot Recorded Exemption
Legal SW4 of Section 29, Township 4 North, Range 67 West of the 6th P.M., Weld
County, Colorado.
Location North of and adjacent to WCR 40 and east of.and adjacent to WCR 15. For a
more precise location, see legal.
Parcel Number 1059 29 000007 and 000025
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
❑ See attached letter,
Comments:X
‘ �
�& S phi \A .t\tke , iff\, lek
S -\1I \ - \M 11 S c\k .
Signature
Agency �p�� "�\\`�� Date
+Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO.80631 +(970)353-6100 ext.3540 4(970)304-6498 fax
‘---....z.
(.--- .
igigge Weld County Referral
COLORADO September 12, 2000
The Weld County Department of Planning Services has received the following item for review:
Applicant Olson Bros LLC Case Number RE-2872
Please Reply By October 4, 2000 Planner Sheri Lockman
Project Three-Lot Recorded Exemption `
Legal SW4 of Section 29, Township 4 North, Range 67 West of the 6th P.M., Weld
County, Colorado.
Location North of and adjacent to WCR 40 and east of and adjacent to WCR 15. For a
more precise location, see legal.
Parcel Number 1059 29 000007 and 000025 ®,
I
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
S❑ e have reviewed the request and find no conflicts with our interests.
ee attached letter.
Comments: ±2Signature -AF J
et
1`
Agency Wilk - 5(- y Date
:•Weld County nning Dept. •:•1555 N. 1 Ave. Greeley,CO. 80631 t(970)353-6100 ext.3540 :•(970)304-6498 fax
'( 3a ;,..
WELD COUNTY SCHOOL DISTRICT No. Re - 5J
3 NORTH JAY AVENUE JOHNSTOWN, CO 80534 \
{
a
DR.JACK E PENDAR
SUPERINTENDENT
Phone(970)587-2336 • " '' der
Fax (970)587-2607
September 19, 2000
Weld County Planning Department
1555 N. 17th Avenue
Greeley, CO 80631
Thank you for referring case numbers RE-2872, 2873 and 2874 to the School District.
The projected student impact upon the Johnstown-Milliken School District appears to be
compounded due to the recent flurry of activity in the area. Any students living in these
areas, as indicated, would attend Milliken Elementary School, leftward Elementary
School. Milliken Middle School and Roosevelt High School under the present school
organization plan. Currently our schools are above or nearing capacity, especially at the
elementary levels. Our five-year plan indicates that we will need to build additional
facilities in that time frame, with the building process to begin immediately.
As of this date the Towns of Johnstown, Berthoud and Milliken have formally passed a
resolution and ordinance describing the land dedication or cash in lieu of land dedication
for education. At present the cash in lieu of land dedication fee is $750 and has been
approved by Milliken, Johnstown and Berthoud. This fee is paid at the time of the
issuance of a building permit and is paid directly to the school district. As this proposal
directly effects the school district, I would request that the applicant voluntarily
contribute the same fee as all other homebuilders in our communities have done since the
inception of the IGA.
Sincerely,
Weld County Planning Dept.
�l
hack E.Pendar
Supfrintendent SEP 22 2000
_, RECEIVED
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SW I/4 29-04-67
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r.r 1„5)ro.-m.. .e5...,5 a.00.00®5,5 NILO COUNTY,COLORADO
CORRECTED RECORDED EXEMPTION NO. 1059-29-3-RE-2872 IIIIIIINIIIINIIIIIIIIII911GIIImi�H
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"µ Scale: I "=6OO'
Site Map for RE-2874
Pt. SE 1/4 of the NE % $ the NE 1/4 of the SE % 30-04-67
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south property lire
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Warranty Deed
43 THIS D®b a many=of the feel vmmay ds tS Sew. Mtd%a my ITawsb datm„m.m.ese(S
'pry')ang d eebieks),mnwba*').PwbmMY(O•or ate map(r)red bib.m GRANTOR to the lent(.)
or aatl)yY)meet ham a 0RAKIDE.
1r GRANTOR baby wile..a memo the vaym,eS GRANTEE is S.GRANTER waning Eve Mutere Pora%wave
or(I)the lime Mar Liana prepay eng b ate race of de deed,wrath the GRANTEE wee may emm•• Welalleaf-
a y shwa dal l 0)wy pa amnadme is mmpbs(4 my_made.daft loam saris of famed Cr)arm
protean mmrnrm�m—teaofmod(blser Mao•IngeneSs.►ngw•dm'AfEWmIWmmyGahm.
tad m sarjectabaSkIbi sal aur=a
9R The Dame lelIle Dad Ara
Ge rdw omits.ISM eeese VS Rawl dr••m¢h Mae•••Dana be rib.Wry er.m'
!Ma .ere)
GREGORY W.BROWN DEBRA A.MCCOY AKA DEBRA ANNETIE MCCOY.AND JUDITH J.SIMIANA wpmAKwpmJANE SIT274AN,or In re aldMded I/3 Sweet
Orngee: (O no la ma adwastwk ores at aim.Meet eaatS me•rm mmwa
OLSON BROS LW,A COLORADO LIMITED LIABILITY COMPANY
Mu of C.C.mfiy[ m awe in w or sore ors mot de WI M weed••••sin le ammo an r a**Is Jell
ease•no t r as sem n lei lam WA M••4
Two*0ea*Iee Or We may led a)
SEE ATTACHED EXHIBIT A
nips Albs
CAdee.L_ fees•aI�raaw laNrAM
�r�e rwabepal s ngaer blear
savp
TEN AND OTHER CONSIDERATION 00/100
RrndMeebMbng m r aaANIOR•me•.mar p St M r pe.0 a s ae ey o r b ast■If r MANTOR b
nobler°.Ma 5 MYM r aala0.er.sperm NIS -)
AiRlr•1 Werrm4 DeaMlngr date des dbee Mm ad me Sir W we rime dew.)
Emend by to �fee O m JANUARY
2100
O a�m OPba w SIMM Ssupsa f.Osten aeema //►►
r�N.f. U.•drH--
New.et Ogre, Comma"Poro.nh4 or Amain tM aY .{6�aT/�U jR./N�,7 _� Oar
z(Il 9fTj 9 "�yaal(' O a J.iR1�\.� Ar^.� t(
EY ®tA ls.W—Q`VW•JAM`ICo.d1
Atone MCODY by
GREGORY M.DROWN
e ASmwv M Fs
Amer
STATE OP COLORADO •,
COUNT
OP Ate.- ^Tf:' 211E 111 27th day of JANUARY,2000
TheBy* OlUICIORY M.helots[bfrvmml wM7. .�.):)., BROWN1 &*hS_-
My OR DEBRA A.MCCOY AM DEBRA
ANNlRTe MCCOY AND• }.7 . •( .'i. .,sasaY egret' .JMNETTE eeeleeegret' • ' ngry
STATE OP .A. gi let 1221 NTH AVENUE ORGY,CO.Wel
COUNTY OP r7 .. me TEE day of
The for.t•Io9 b•remae ,
a stem aewyy Ora Shifter o eerpomlmt a e Ps'mb)of vaom+N.4a es aarima e.SNO of l aetkeaMa1a act Fear W among.
WITNESS.y ewe we°Meld reel Nsngy Palk —
My as tire alne
O 1991 UPDATE LEGAL POEMS Writ Np 201.L
. : imMuMeIIRfl
1741481One JA Talmage
FRAME tot 21110J10 ouw Wild Only C0
EXEIBIT A TO WARAANTY Dim
0229
DATED: JANUARY 27, 2000
GRANTOR: GREGORY N. BROWN, DEBRA A. MCCOY ARA DEBRA AA11112 MCCOY, AND
JUDITH J. SITEMAN AEA JUDITH JANE EITE AN, each to an undivided
1/3 intereetORRNITE,OLBON BROS LLC, A COLORADO LIMITED LIABILITY
COMPANY
5:
The south 1/2 of the ON 1/4 of Section 29, Township 4 North, lsnge 67 West of
the 6th P.M., Weld County, Colorado.
TOOETBfR WITH 50 UNITS OP NORTHERN COLORADO CONSERVANCY WATER
CERTIFICATE OF CONVEYANCES
WELD COUNTY DEPARTMENT OF PLANNING SERVICES
STATE OF COLORADO)
COUNTY OF WELD ) Order No. WT55279
The WELD COUNTY TITLE 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 Southwest 1/4 of Section 29,
Township 4 North, Range 67 West of the 6th P.M. ,
Weld County, Colorado.
CONVEYANCES (If none appear, so state) :
Book 1331 Page No . 537
Book 1219 Reception No. 2166143
Book N/A Reception No. 2746442
Book N/A Reception No. 2746443
This Certificate is made for the use and benefit of the Department of
Planning Services of Weld County, Colorado .
This Certificate is not to be construed as an Abstract of Title nor an
Opinion of Title, nor a Guarantee Title, and the liability of WELD
COUNTY TITLE COMPANY is hereby limited to the fee paid for this
Certificate .
In Witness Whereof, WELD COUNTY TITLE COMPANY has caused this
Certificate to be signed by its proper officer this 14TH day of
AUGUST, 2000 at 7 : 00 A.M.
WELD C TY TITLE�OMPP�NY
i
By: Ittil5C ,x) 1. . 1/ ) i
Authorized Signatory
Recorded.._. !2.:19r -----at -I 1._: o'clock BE t j
.'n1 lam 4/1 ANN lAl��y . . Recorder. � 'te.i� av
v, Reception No.
----„QUIT CLAIN DEED
L
\1 mins 't. mai:kiwis 27th ,day or wit , 1
in the year of our Lard one thousand nine hundred fiftritsuO ,.
r '
•-"- between Stella A. Broom \
' of Weld ,and the State of'Colorado,of the - I
of theCourtty
,i`\ first part, and Nellie S. Wilma=
_ -�'. , etwd h`te State tiCColantlo, of the i
of the County of Weld
_... consideration of
second part: WITNESSETH,That the said-pally of the first pact. for and in consi i
the sum of .Dolton.
other valuable coneridfatdon and fan— of the second part, the re-
.
to the said pars of the first last'.in`.band paid by the said party . and
ceipt whereof is hereby confessed and:atltaowledged.has remised, relfased• ecln and QUIT conveyed and
QUIT CLAIMED, and by these preeeat�d° hereby remise, release. sell, convey
unto the said parr of the second part, her heirs and assigns forever,all the dght,titk,iatenet,
claim and demand which the said patty of the first part tae in and to the tollowhtg descried 50
real estate situate, lying and being in the County of WELD and State of Colorado, to-wit:
- 'the Southaeet Quarter (SW) of Section 29, Township
4 North Rare 67 West of the 6th P. A. Weld County, Colorado; except beginning
at the Northeast Comer of the Southwest Quarter (SWv}i tote South 392 feet;
thence northwesterly to a point 222 feet West of the Northeast corner
with theeive
Southwest Quarter, (SW*), thence East 222 Sett to beginning, together
shares of the capital stock of the Farmers Estanaion Ditch, and five share of
the capital stock of the lab Reservoir Ccupar>f.
:, •
To Have and To Hold the same, together with all and singular the appurtenances and priv-
ileges thereunto belonging or in anywise thereunto appertaining,
and all the estate. right, title, in-
terest and claim whatsoever, of the laid partY of the first pert.eitherin law or
equity,
nd assigns thefo only
proper use,benefit and behoof of the said part y of the second part. � heirs
ver.
IN WITNESS WHEREOF,The said pare of the first part has hereunto set herhnnd
and seal the day and year first above written. ' Q� /�
Signed In the Presence of
2;.441-�.. -....'.C7. / et" (Seal)
(Senn
(Seal)
STATE OF COLORADO,} The foregoing instrument wins acknowledged before me
COUNTY OT Wan J
this 27th day of May . A. D. la 52 .
"ov by Stella M. Brown !
0
• *e e... - duo Witness my Hand and Official Seal
` .
-c . •' p
Ii...
•'ye: My Commission Eapirm October 1, 195 3. • (
r
. ,Ibtary ubl,c.
ff1
R2__ B 2099 t 02166143 ANNFE STEIN 12/27/ 88 K & -ORDER WELD CO, CO
F 2099 r .fl ANN FEUERSTEIN CLERK
DEED OF DISTRIBUTION
BY
PERSONAL REPRESENTATIVE
( INTESTATE ESTATE)
THIS DEED is made by GREGORY W. BROWN AS PERSONAL
PRESENTATIVE OF THE ESTATE OF NELL WILCOXEN, formerly NELLIE
'STIN BOSWORTH and also known as NELLIE H. WILCOXEN, DECEASED,
: antor, to DEBRA A. McCOY, 5302 Palo Verde, Edwards Air Force
ae, California 95323, JUDITH 3. SITZMAN, 1700 View Point Road,
,cewood, Colorado 80215, and GREGORY W. BROWN, 20700 Weld County
ad 15, Johnstown, Colorado 80534.
WHEREAS , NELL WILCOXEN, formerly NELLIE AUSTIN
SWORTH, also known as NELLIE A . WILCOXEN, died intestate at
: Dnia, Maricopa County, Arizona, on March 14, 1988;
WHEREAS , Grantor duly appointed Personal
?presentative of said estate by the Superior Court in and for
,e County of Maricopa, State of ,,rizona, Probate No. PB 88-01745
n May 16 , 1988 , and is now qualified and acting in said
:7pacity; and thereafter on sna .r 4.r -,/4 S'f, �0-&'• Grantor
led with the District Court of Weld County, Colorado, Probate
C7 a/2 .534 , authenticat-:2 copy of his appointment.
WHEREAS, the Grantees ace determined to be the persons
- :1titled to distribution of -" ne hereinafter described real
:-operty, and Grantor is auth: ized and .s '_rected to distribute
a same to Grantees.
NOW, THEREFORE, pura_r,,.t to tr . •t,rs 'conferred upon
: cantor by Article 12, Secti;n-, 711 an of the Colorado
- cobate Cods, Grantor sells, ..:onveys, a, transfers, and
leases to Grantees the folio. ,-g real p c-y in Weld County,
lorado:
The SW 1/4 of Section 29, Towns?,: North,
Range 67 West of the £th P.M. ; beginning
et the Northeast Corner of the Sr ; thence
South 392 feot; thence Northwest,: . : to a point
222 feet West of the t; rtheast r:. c of said SW 1/4;
thence East 222 feet to the poL:c beginning,
together with 6 shares of the en, ' • : 7 stock of the
Farmers Extension Ditch Company 5 shares of the
capital stock of the tsh Reservo' r . •napany and 100
acre foot units of Northern ado Water
Conservancy District.
th all appurtenances .
AAherever used herei the sir:, • shall include th.
ural.
B 1219 REC 0' 16143 12/27/88 15 :45 S .00 :02
F 2100 MARY L,N FEUERSTEIN CLERK i RECORL .c WELD CC. ; CO
Executed December 22 , , 1988.
AS PPEL REPRESENTATIVE OF
THE ESTATE OF THE ABOVE-NAMED
DECEASED
STATE OF COLORADO )
388
COUNTY OF WELD 3
The foregoing instrument was acknowledged before me
this 72nd day of December , 1988, by GREGORY W. BROWN
AS PERSONAL REPRESENTATIVE OF THE ESTATE OF NELL WILCOXEN,
formerly NELLIE AUSTIN BOSWORTH and also known as NELLIE A.
WILCOXEN.
WITNESS my hand and official seal.
My commission expires: ,Q��S�,-.7
.c' `.OTARy �` —No ry Publi
4PA'S.; . n
..... l Or c;')‘•„/
9 .
FRAME nue rums me JA taisli
to 2 B lord o aA WS Ora CO
0 2 2 6 Warranty Deed
tlu TWA DUD r a came or the reel prepay Aruba be, Means ap Ire=ad Ala swrwr Or
neon ego SNtM)._n�ld(q.peee'4 n (r),r abet rdOor)amid below (5 e r ANTOR u r trlIrlmdb)
r s(Y)Sete.b r aurIm.
Tbe GRANTOR bey r1Y rd comas S ! !tY btr GRA.JITEE S de GRANTC*n r ere b r papa.reed
foe(I)re lie anaemia peer for tyro albir Si.rah r GRANTS aM pay(2)ro a"e•em sir Odra-
ay area((3)) ink=11 d smacks(4)rel'aamtl1.1 rdeuS leer see a/nand 0)eay
preen coveriadad prrlS. the oftrad(4) atlHelman ton l er rdr'Android Waery erepea'.
end m subject b bade{Bed core reeemar.
DP.
$6B.OR Toe Spider Toe tTbli Ord Ara
Gem tar rrR).d pPa(0rdWm.t!Mono MOB Nwdmer tlaPl.P Rio PM bars la met Add.rally norm at
Peter r Mt)
GREGORY W.BROWN DEBRA A.MCCOY AKA DEBRA ANNETTE MCCOY,AND JUDITH J.S)TL.4AN
AKA JUDITH JANE 511V4AN,each to m=divided I/3 Wert
•
G,mEr. (Oh,mom4)at dra(m);errs of MS MS meek Sr wet slaw.)
OLSON BROS LLC,A COLORADO LIMITED LIABILITY COMPANY
her t Coaeanblic Or gmSys ea aerto r els lea e ire IN inatoe ei PPeeree is m.00a..Ss Ue.fl elm'b n ISM )
Prepay D.41— Oar.r.rep r.a)
SEE ATTACHED EXHIBIT A
Papery Addrar
Cat Or—o.lido sere psl.are area a Ai red raspier mini Y eye P ere
oar ar e q s Y.e..Oee t roob..IW owl s.Yml.)
TEN AND OTHER CONSIDERATION OW100
Ilagernelearisan (der GRANTOR betei I Mono et lard S is p.puly w er v Si P aea.i or V So GIANTS lo
del.bd r GRANTU'a flak ho r v.waw...e aJraelr).Rabe.)
•
MSS Wrae y&spa Woo Lit term Per rued sod aim meta as oval bow.)
Rand by r Gerry a JANUARY 27.2000 far bWridarRdr
figment Or Cmpawb-,Torloo.al,r es.Pes ,�!,/.�.1 .gee
OR�OR- MOWNN. • 'Q h>ah---
Nas of Gramm Corporation.Pmsrby of A.ocno Y lost
By 9.. Id ys-' E cwa A .r►I�C. ,�,
1UDE}f .py —U�A9,1Ae�.m'AKA DEBRA ANNEfIE MCCGr�y
GREGORY W.BROWN
r Aarry la Fs
An
COLA OF
OF COLORADO '�P�y pV ..
The Moths beamed was 27th day of JANUARY.2000
BrGREGORY W.BROWN.I. Y W. AS ATTORNEY M FACT FOR OFlu.1 A.MCCOY AKA DEBRA
ANNEITE MCCOY AND liSMAILek JANE
wmasEmybedrdoBeW Snow
My errs—oda OCTOB .2001 0 arty Pob-e
STATE OP 1121 am AVE
NUE, GREE.EY,CO.$0OI
COUNTY OP rFOF Cnt 3
The foregoing Strut wee aabmw me ddr day of
By
or.dram y of a.pmWm:m.pima.(.)rf�wbkr:r r mars'mated.)d diielmR)emaelm FOSS Lod.ec0
WITNESS my bad lad oflclN d. ,rte'Pab1r
My e..lmPa rp4mt
o Mt UPDATE LEGAL FORMS WCTC No.201-L
•
I��NI�I��i�NIIi�I�INNNNINi
27142 nrrnma m:1a JA as TnSoro
2 tat : N10 S.00 000.00 Wahl County
FRAME
ZEHISIT A TO WARRANTY DEED
0 227
DATED: JANUARY 27, 2000
GRANTOR, GREGORY W. DROWN, DRHRA A. MCCOY AEA DRIRA ANNETTE MCCOY, AND
JUDITH J. SITCOM ANA JUDITH JANE EISEMAN, mach to an undivided
1/3 intereetORASTUE[OLEON EROS LLC, A COLORADO LIMITED LIADRI,ITY
COMPANY
4:
The North 1/2 of the SW 1/4 of Section 29, Township 4 North, Range 67 West of
the 6th P.M., Weld County, Colorado.
Tomlin WITS SO UNITS OP NORTHERN COLORADO CONSERVANCY WATER
27*0 01/1711003 MP a kW T aado
1 of 10.00 01411 Wahl aw*CO
Warranty Deed
THIS DEED Is a conveys=of o nod ream d.arr.M below. —.. d de warms(ta.
fon Os r .)iA moon I9.pau* 10.or altar .) 1 ben is GRANTOR m NW Or le1. p)
)
TS Gum=fly NIB ad aaeny.as wary a O.CHANTER al dm GRANTOR wane err a r roomy.art
for(1)Eta Ike of is rnmV as Rs the SaMMEM SR..t Oa GRANTEE MR R)soy l eaaaa adrlalad-
way raw.er ne1(3)r7 Psa Sr r r a. abeater(a)way easuo s eIs a�isar earn of rand 0)beg
Puoadrer.o.aSraskrls Awn end(6)r7 adnaolessteam Sim rdr'AMISS parrs B-• ...
rd()=jet a boadlts addstM
M )f.prat lama CRS DNS Ana
umer Wlasaaa map a)SorararrrFar.tas7r.rlele sin il nos minimise di a.Syr ay
begat aa.c)
OREUORY W.BROWN__,_DEBRA A.MCCOY AKA DEBRA ANNETTE MCCOY.AND JUDITH J.Sft7JAAN
AKA JUDT H JANE SITDAAN,lath to r vadivld.d 1/J Iotant
Orris Wahlrap)ur ems s selSt..flat Min ra at aver
OLSON BROS 1J.C,A COLORADO UMITED LIABILITY COMPANY
Perm at C.C...rlr Mows we saws moms mot an wa as omit S N de se ems a awls Si sr•.Jabs
mime now of Y aw swag r addr a raw are..)
Prst, "k - ar s r ad Sul
SEE ATTACHED EXHIBIT A
Ply An
Comlina r fINs Mae ar spilt rtra Misalm I Rod MIN wend min Msss.lwrl
in* rs sr IS mom=Is awl as a.uaOYold
TEN AND OTHER CONSDERATION 08/100
rarr.d aawro (U Sas SommeSo•none. n as Ut;AMY Ina o.sf•r.war. nSMANTOR
swat r alANnr7 did r We NSW man MAWS ar.lr)
AMISS Warrtlarlro■ (ads dos et no ismmalr.r saws.email am.)
twat by Y Ott to IANIJARY 27.2000
liar'.to Cowan Paint*ar asks aMrlam hebeirlr.W1
Mar of Onabr. Ce.Farba.haw**er MSS*. a1BW.YW a1Q�N. O Meer•71111>9.141I weFOH, at. -igluit.'" J
By A. DOM ANNETTE MCCOY by j
OREOORY V/.BROWN
a Array In Feet
At
STATE OP COLORADO
COUNTY OF a'
77r foraaohl7 SUumeat was ^' ) ,, , h 27th day of JANUARY,2000
By DREWRY W. - .......'. � t BROWN AS A M FACT FOR EM DEBRADEBRAA.MCCOY A D
ANNEI'TE MCCOY AND• .7 • u' • JANE SI
NItMES!ay hod.s. 'S JEANETTE , �.. DE
My a alsis0r n mitesTir
STATE OP
es 1W 1211 AVENUE, OREBBY,CO.Mel
COUNTY OP 4 `•. d a
'
The argohg brt 5.m. RR ...� - ma 16S day of
(•ben.Isl,Ital Orwa(,)a If Owen.Caaune%i.nrlhb at Aaalttbn,wan Waalry dam r rat et.b realm as fawn
a War refry of capamna;at as woods)of pa.weddp:a a maald aaoe01 of sndolao.)
wrOwsa my had end Okla!red.
My eaaabba mint: Notary Pub&
0 197)UPDATE I ram FORMS WCTC No 201-L
iIlfl®M!I, l
CAW WPM 0M0 JA Tabu!
FRAME tot 1 m 70.10 DUN Wald ants CO
EXHIBIT A TO WARRANTY DEED
0229
DATED: JANUARY 27, 7000
GRANTOR: GREGORY W. BROWN, DEBRA A. MCCOY AKA DEBRA Aware MCCOY, AND
JUDITH J. RITSMAN AEA JUDITH JANE SITEMAN, each to an undivided
1/3 intereatoPANTEE,OLSON BROS LLC, A COLORADO LIMITED LIABILITY
COMPANY
5:
The South 1/2 of the SW 1/4 of Section 29, Tornahip 4 North, tango 67 West of
the 6th P.M.., Weld County, Colorado.
TOGETHER KITH 50 UNITS OP NORTHERN COLORADO CONSERVANCY WATER
Received:07.Sep.00 10:22 PM From:9705870246 To:5618288059 Powered by eirFax.com Page:2 of 6
9-07-2000 9:15PM FROM OLSON. WCTC 970 587 0246 P. 2
r L1T1 Lk; '1'HVMFSUN WA].LA U Ml.lb 1 K , I
Dlnectoas{�a rt ,9A f1+>"1 Telephone(am 532-2096
Tern
a ire :11e1+ t' E.Highway%
eadara•t, '1 B.%
&%LI W Gltn
September 6, 2000 Drawer
uo ,d eannoW.Colorado 80513
Kart,s c Gow
Dear,W
Oa O. J,$dan
Jame J,.S'&Oh
James W Stroh
MANAGER'
tictre H.H.*Me
Gary G. Olson
1208 Wagon Wheel Court
Berthoud, CO 80513
Dear Mr. Olson :
This letter is in response to your request for a water service
commitment for two additional residential lots, in the location
described as follows :
Portion of SW 1/4 of SEC. 29, 'T4N, R67W, Weld County, Colorado.
The District provides water service within its service area as
defined by the District. The provision of water service ' by
extension of existing water lines of the District to the above
property and the installation of taps for lots is done under the
terms of the Rules and Regulations of the District established by
the Board of the District from time to time. You may obtain a copy
of the Rules and Regulations from the District . This letter
outlines the provisions of the Rules and Regulations, however this
letter does not change any provisions of the Rules and Regulations .
The Board of the District may alter and amend the Rules and
Regulations at any time, and the provisions of this letter are
subject to alteration and amendment based on changes in the Rules
and Regulations of the District .
we currently serve the property through tap' # 402 . We have a
6" Dia. water line located along Weld County Road 13 with
additional capacity available Therefore, we can commit to provide
service to lots B & C } of the proposed R.E. property, subject to
the limitations in this letter, for one standard residential 5/8"
X 3/4" water tap per lot; and the following additional limitations
on the provision of water service are :
Received:07.Sep.00 10:22 PM From:9705870246 To:5618288059 Powered by aIFax.com Page:3 of 6
9-07-2000 9: 15PM FROM OLSON. WCTC 970 587 0246 P. 3
•
1. In August of 1993 the Little Thompson hoard implemented
a "system impact" fee of $1050 per lot for all lots to be
added to the system. This is due upon completion of the main
line extension agreement .
2 . All improvements to District facilities required to
provide service will be the financial responsibility of the
developer in accordance with the District Rules and
Regulations . All improvements must conform to District
Specifications,
3 , The installation of a fire hydrant requires payment of a
$2, 000 fire hydrant fee prior to final approval of the
subdivisions lines. You will be responsible for any
improvements needed to meet the required fire flows in your
subdivision.
4 . In order to provide the required flows to the subdivision
you will be required to install a minimum 6" Dia. Water line
from the existing 6° line along WCR 13 at WCR 42 to the
location of taps in your R.E. .
5 . The design, installation and total cost of the project
will be the responsibility of the developer.
It is possible that some of the required water lines and
system improvements may be required, built or are being designed by
other developers in the same area. If they are in place when you
need them then you may be able to utilize them to serve your
development ( subject to the District rebate policy) . It would be
wise to work with the other developers in the area to ensure that
the water lines installed would be sized to meet the needs of both
developments to reduce the amount of duplication an minimize future
water line replacement.
•
The rules and regulations regarding Developers transfer of
water rights and purchase of taps is changing. The new policy
requires the developer to transfer the water shares and then to pay
for the rest of the tap fee as the water lines are put in service .
The developer then has the taps to sell with the lots at the price
that he sets. The rebate of water rights is eliminated. The
transition from the old policy to the new policy allows the
developer to use the old policy up to i-October-2000 . After this
date the new policy will be used for all developments -
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9-07-2000 9: 16PM FROM OLSON. WCTC 970 587 0246 P. 4
This commitment letter will expire one year from the date of
this letter if the taps have not been purchased, paid for and
installed by that date of expiration. The current fee for the
domestic 5/8" X 3/4" tap is $15, 000 . 00. YOU ARE HEREBY ADVISED THAT
THE RULES, REGULATIONS AND TARIFFS OF THE DISTRICT ARE SUBJECT TO
CHANGE WITHOUT NOTICE; AND THIS LETTER IS ISSUED WITH THE SPECIFIC
LIMITATION THAT THE DISTRICT MAY CHANGE THE RULES, REGULATIONS AND
TARIFFS APPLICABLE TO THE ABOVE PROPERTY AT ANY TIME WITHOUT NOTICE
TO YOU OR ANY PERSON.
If you have questions, please contact me .
Regards,
Michael T.T. Cook P.E .
District Engineer
WELD r ''UNTY DEPARTMENT OF PUBLIC „ .-:.#
/ I U HEALI. AND ENVIRONMENT ORG PERMIT #
1555 N. 17'" AVENUE REPAIR #
*417 lig GREELEY, COLORADO 80631 LOAN #
PHONE: (970) 304-6415 ISDS #
I�` C. FAX: (970) 304-6411
STATEMENT OF EXISTING FOR SEPTIC SYSTEM
COLORADO (PLEASE FILL OUT EN BLACK INK ONLY)
PARCEL# ',an --.25 - O - Oa O617
PROPERTY OWNER J1/Sa-"" �i rus L,LL PHONE NO. 12,7e/ 1 S-32 '�Z v,�'
NLAILLNG ADDRESS r�O 711/4,50-NiC r r E 17 LifedwA ()/% ,R)-5 r.f
City State Zip
DESCRIPTION OF BUILDING (ex. house. mobile/modular home. shop. office) #.07--,,,
SITE/LOCATION ADDRESS /Gy,,fel hileil/{ /S ..7-.6111; ><h---,d 61,9 ?6,5'x'5,
lb 1 City State Zip
LEGAL DESCRIPTION Pra t PT 14/X PT-S&'fl, SECTION 2 9 TOWNSHIP 4/ RANGE G7
SUBDIVISION LOT BLOCK FILEVG
CENCUS TRACT je14.1 LOT SIZE/ACRES /4,D
COMMERCIAL YES/ O) RESIDENTIAL 1'ES 1 NO
NUMBER OF PERSONS BASEMENT PLUMBLNG YES NO��
BEDROOMS BATHROOMS FULL k 3/4 1/2 / c
' \TER SUPPLY PUBLICES !NO UTILITY NAME L- �� am � �✓¢Y�% U es 5,+',/
,:1ti ATE YES /�'O� CISTERN -ES /_-O' WELL YES / . WELL P 'RMIT
SYSTEM SIZE: Septic tank material is constructed of (.l,vtre/c and has f"sty-/o a gallons capacity.
FIELD: Trench square feet or Bed square feet YEAR INSTALLED? -/y 'nz'
f
You are required to draw a diagram of the system on the reverse side of this form in black ink only and indicate
location. length, width, and distance from the dwelling.
The undersigned property owner hereby certifies that the above described septic system is in fact installed. as
described. and exists at this time on the parcel of ground identified by the above legal description and further states
tact the system isiis not in good working order and to the best of hisiher knowledge is/is not failing to function
properly.
I further understand that any falsification or misrepresentation may result in revocation of any permit granted based
upon this information hereby submitted and in legai-lc o for perj : as provided by law.
/
DATE OWNER
Subscribed and sworn to before me this day of . 199 .
by
Witness my hand and official seal. My commission expires:
DATE NOTARY PUBLIC
STATEMENT OF EXISTLNG REVIEWED BY
ENVIRONMENTAL PROTECTION SPECIALIST
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