HomeMy WebLinkAbout20001037.tiff CAROL Harding docket#2000 27 Page 1
From: <autocondk@uswest.net>
To: <charding@co.weld.co.us.>
Date: 5/17/00 9:09AM
Subject: docket#2000 - 27
AS A RESIDENT OF CARMACAR RANCHETTES FOR 16 YEARS I DO NOT
BELIEVE THIS TYPE OF HOME BUSINESS WOULD BE APPROPRIATE FOR
OUR NEIGHBORHOOD.
THIS BUSINESS WOULD GENERATE SIGNIFICANT NOISE. BODY WORK
REQUIRES THE USE OF POWER EQUIPMENT, GRINDERS, HAMMERS,
VARIOUS PNEUMATIC OPERATED TOOLS WHICH GENERATE SUBSTANTIAL
NOISE:.
IF PAINTING OPERATIONS ARE ALSO PLANNED THE SPRAY BOOTHS
REQUIRE SPECIAL VENTILATION SYSTEMS WHICH WOULD EXPELL FUMES
THAT COULD IMPACT NEIGHBORS IN THE PATH OF THE FUMES.
THE ENVIRONMENTAL IMPACTS ARE OF THE GREATEST CONCERN. THERE
IS ALSO CONCERN ABOUT THE VISUAL IMPACT CREATED BY THE
STORAGE OF AUTO BODY PARTS, IE; OLD CARS, THAT COULD
ACCUMULATE.
THIS TYPE OF BUSINESS BEST BELONGS IN A LIGHT INDUSTRIAL
SETTING, NOT RESIDENTIAL.
DEAN KOENIG
o7 w- IO31
4 EXHIBIT
•CAROL Harding Docket#2000 27 Page 1 j
From: Koenig Sheila <Koenig_Sheila@stvrain.k12.co.us>
To: mcharding@co.weldco.us- <charding@co.weld.co.us>
Date: 5/17/00 10:03AM
Subject: Docket#2000-27
I am writing in response to a letter sent to me regarding the plans of Tracy
& Mikele Wright to put in an auto shop in our neighborhood.
My husband and I purchased our home in this neighborhood because of the
agricultural zoning and the peace and quiet. An auto body shop does not
belong in a residential neighborhood! It would increase traffic, noise, air
pollution and adding a business like this to a residential neighborhood
would most certainly have a negative impact on property values.
This has been a great place to raise our children. I would like to keep it
that way.
Sincerely,
Sheila Koenig
5397 Aspen Ave.
Erie, CO 80516
(303) 828-3443
4 IXHIBIT
pi-
in MEMORANDUM
�. TO: Board of County Commissioners May 31, 2000
COLORADO From: Chris Gathman - Planner e
SUBJECT: Additional Development standard for USR-1263 (Wright)
* The following revisions & additions are recommended for USR-1263 (Wright):
* (Page 3 (Item 2e): Remove the second sentence of this item and replace with the following
sentence: "The property is not located within any Overlay District Areas."
* (Page 5 (Item 2E): Remove this condition of approval.
Sit
9
May 27, 2000
The Board of County Commissioners
Weld County Centennial Center
915 10th Street
Geeley, CO
RE: Docket #: 2000-27
Permit# 1263
Tracy and Mikele Wright
1906 Mountain View Street
Erie, CO
To Whom It May Concern,
We understand the permit is to be for a Home Business as a hobby for supplemental
income.
We see very little difference between this and any other agricultural operation as far as
noise or nuisance; such as equipment repairs or animals. A Home Business with no hired
employees or public traffic would have very little impact on our streets.
Finally, since this building and equipment installation meets county code, it creates no
hazard to this community. We feel this permit should be allowed.
$sincerely,
jc-
lfl; e'c.
Harry and Diana Heil
5618 Aspen Avenue
Erie, CO
EXHIBIT
1492 4titida
OTIS, COAN & STEWART, LLC
ATTORNEYS AT LAW
Fred L. Otis West Greeley Law Center DENVER METRO(303)659-7576
G.Brent Coen 1812 56TH AVENUE FAX(970)330-2969
GREELEY,COLORADO 80634 E-MAIL OCs300@aol.com
Michael D.Stewart (970)3306700 FILE NO.
May 31, 2000
ANALYSIS OF USR 1263
PROPOSED BY TRACY AND MIKELE WRIGHT
Analysis of Proposed Resolution
A, Findings:
2(a). The proposed Resolution has a partial statement of"A. Goal 2." The entire goal stales as
follows: "Allow commercial and residential uses which are directly related to or
dependent upon agriculture to locate within agricultural zoning when the impact to
surrounding properties is minimual and where adequate services and infrastructure are
available." The proposed resolution is missing the above underlined language. The
meaning of this goal is substantially different when considering the underlined language
A. Policy 2 states "Agricultural businesses and industries are defined as those which are
related to ranching, livestock production, farming and agricultural uses." The applicants'
proposal does not include an agricultural business and the body shop is neither directly
related to or dependant upon agriculture.
A. Goal 2 does not support the applicants' proposed USR. The staff has not proposed any
other part of the comprehensive plan that supports the applicants' proposal.
Refer to A. Goal 1 P.2-3 of Comprehensive Plan, I. Goal 4 and I Policy 4.2 P.3-.5 of
Comprehensive Plan which indicates application should be denied.
2(b) This part of the resolution states that the proposal is consistent with the intent of the
Agricultural Zoning District which describes a HOME BUSINESS as a Use by Special
Review in said district. The intent of the Agricultural District is stated as follows: "to
provide areas for the conduct of agricultural activities and activities related to agriculture
and agricultural production without the interference of incompatible USES. The
A(agricultural) district is also intended to provided areas for the conduct of USES by
Special Review which have been determined to be more intense or to have a potentially
greater impact than USES allowed by right." See Weld County Zoning Ordinance Section
31.1
While it is true the Zoning Ordinance references HOME BUSINESSES as a Use by
Special Review in the agricultural district (see section 31.4.15), the Zoning Ordinance
to 3
also states: "Any Use permitted as a Use by Right, an ACCESSARY USE, or a Use by
Special Review in the COMMERCIAL or industrial zoned districts provided the property
is not a LOT in an approved or recorded subdivision plat or LOTS, parts of a map or plan
filed prior to adoption of any regulations controlling subdivisions." Weld County Zoning
Ordinance Section 31.4.18. This section specifically recognizes a distinction between
typical agriculturally zoned property and property that is a lot in an approved or recorded
subdivision plat adopted prior to any regulations controlling subdivisions. (e.g. Carmacar
Ranchettes) The Staff has recognized in the development standards that the applicants'
request is for a Use by Right in the industrial zoned district (automobile painting, body
repair, restoration shop). Section 31.4.18 specifically states that a Use by Right in the
industrial zone cannot be approved on a lot in an approved or recorded subdivision plat
filed prior to the adoption of any regulations controlling subdivision.
Section 31.4.18 is a more specific provision than the Home Business provision and clearly
indicates that an industrial use is not permitted within a subdivided lot. Section 5.8 on
Page 1-2 of the Weld County Zoning Ordinance states: "The particular controls the
general." As between Zoning Ordinance Section 31.4.15 and 31.4.18, it is clear that the
latter is the more particular and the former is more general. Home Business is defined on
page 10-9 as "incidental use to the principal omitted use for gainful employment of the
family residing on the property where:
1. Such USE is conducted primarily within a DWELLING UNIT or ACCESSORY
STRUCTURE and principally carried on by the family resident therein.
2. Such USE is clearly incidental and secondary to the principal permitted use and
shall not change the character thereof. . ."
This definition generally covers any use that is determined to be incidental to the principal
permitted use whether or not the application relates to the agricultural zoned residential
subdivision. Section 31.4.18 is specific to commercial and industrial uses in an agricultural
zoned residential subdivision.
2(c) The Board of County Commissioners should note that there are more than several single
family homes in the area. I believe there are approximately 40 single family homes
surrounding this proposed Use. Additionally, there have been two letters of opposition
submitted regarding this request. The Commissioners should note how difficult it is for
someone to present opposition to a neighbor's proposed use of their property.
Additionally, we take exception to the Planning Commission and Staffs interpretations
that the proposed Use can be conducted in such a way as to be compatible with the
existing surrounding land uses.
The agricultural zoned district identifies a minimal lot size of 80 acres. The approximate
lot size of the 40 unit residential subdivision of Carmacar Ranchettes is approximately one
acre in size. This is the equivalent of the RI zoning district found in the present Weld
County Zoning Ordinance. Nothing in the R1 Zoning District identifies a home business
2
or an automobile painting and restoration operation as being compatible or permitted even
under a Use by Special Review in the residential district.
The agricultural zoning district indicates that USES within an approved or recorded
subdivision plat filed prior to the adoption of any regulations controlling subdivisions,
should be treated differently than the typical agriculturally zoned property. See section
31.4.18. There are additional indications regarding the lack of compatibly for this facility
within the Carmacar Ranchettes:
a. The referral response from the Mountain View Fire Protection District indicates
that "this is a hazardous activity and must be conducted within a building meeting
the requirements of Group H Division C occupancy for a listed spray booth.
Again, the pole barn is an inappropriate structure for this type of activity."
Additionally, the Mountain View Fire Protection District provided additional
comments to me which again indicates Mr. Wright's use of the subject property is
considered "hazardous" and "extremely dangerous".
b. There are protective covenants associated with Carmacar Ranchettes that indicate:
"No tract shall be used except for residential purposes and no business of any
nature shall be conducted on the premisses." The protective covenants for the
Carmacar Ranchettes provide evidence to the Commissioners regarding the lack of
compatibility for this proposed business within the subdivision. The protective
covenants provide restrictions on the use of the property and create legitimate
expectations of the residents that live there. Approval of this USR destroys those
expectations.
c. A couple of the houses within the Carmacar Ranchettes are presently for sale and
the fliers for these properties indicate that it is a quiet neighborhood in a rural
setting. An automobile repair restoration and painting shop is not compatible with
a quiet rural residential neighborhood. The emphasis in the Carmacar Ranchettes
is the ability to have horses.
d. The intent of the industrial zoning district can be stated as follows "To reduce to a
minimum the impact of industries on surrounding non-industrial land uses, to
prevent detrimental impacts which could negatively affect the future use of
adjacent properties or the general neighborhood as defined by the comprehensive
plan;..." The county has gone through the process of creating industrial zoned
districts in order to provide a legitimate and acceptable location for businesses
such as the one proposed by Mr. Wright in his application. The H District in
Section 34.2.2.1 identifies "any use of a research, repairing, manufacturing, ..
nature may be conducted in the H District as long as such use is conducted only
within enclosed buildings. Industrial uses should be set away from residential uses.
e. The application will need to get a commercial tap for the proposed Use. See Left.
Hand Water District referral.
3
2(f) This provision with in the resolution states that the applicant has met the goal of
conserving prime agriculture land in the locational decision of the proposed use because
the property is located within an existing residential subdivision. It seems ironic that the
applicant can benefit from the agricultural zoning where convenient and also benefit from
the residential use of the surrounding property where convenient.
2(g) Here, the resolution indicates that the conditions of approval and development standards
ensure there are adequate provisions for the protection of health, safety and welfare of the
entire neighborhood. We have substantial concerns about this when the fire protection
district calls the proposed Use "hazardous" and "extremely dangerous". The resolution
only requires in 2(c)that the applicant "attempt" to address the concerns of the Mountain
View Fire Protection District as stated in the referral response. If the conditions of
approval are to ensure compatibility, then the County should require that the applicant
resolve all the concerns of the Mountain View Fire Protection District.
Conclusions
The Board of County Commissioners should deny the application for USR No. 1263 for an
industrial use within an agriculturally zoned, residential subdivision for the following reasons:
1. The Weld County Comprehensive Plan does not support granting this application
2. The Weld Count Zoning Ordinance does not support approval and, in fact,
indicates the application should be denied. See Weld County Zoning Ordinance
31.4.18 as compared to the more general provision found in section 31.4.15
3. The proposed Use is not compatible with the surrounding residential land use.
a. This is a rural residential neighborhood with emphasizing horse uses.
b. The covenants for Carmacar Ranchettes indicate that no business uses are
permitted within the subdivision.
c. The fire protection district and the building inspections department indicate
that the building within which this Use would be conducted (and has
previously been conducted) is completely inadequate and inappropriate for
such Use.
d. A commercial water tap will be required.
4
N
4.1.10 Encouraging the most appropriate USE of land.
4.2 This Ordinance is further intended to protect the public health, safety, and welfare by:
4.2.1 Regulating activities and DEVELOPMENT in hazardous areas.
4.2.2 Protecting lands from activities which would cause immediate or foreseeable material danger
to significant wildlife habitat and would endanger a wildlife species.
4.2.3 Preserving areas of historical and archaeological importance.
4.2.4 Regulating,with respect to the establishment of, roads on public lands administered by the11.
federal government;this authority includes authority to prohibit, set conditions for, or require
a permit for the establishment of any road authorized under the general right-of-way granted
to the public by 43 U.S.C. 932 (R.S. 2447) but does not include authority to prohibit, set
conditions for, or require a permit for the establishment of any road authorized for mining
claim purposes by 30 U.S.C. 21 et seq.,or under any specific permit or lease granted by the
federal government
4.2.5 Regulating the location of activities and DEVELOPMENTS which may result in significant
changes in population density.
4.2.6 Providing for phased DEVELOPMENT of PUBLIC services and facilities.
4.2.7 Regulating the USE of land on the basis of the impact of land USE changes on the
community or surrounding areas..
4.2.8 Otherwise planning for and regulating the USE of land so as to provide planned and orderly
USE of land and protection of the environment in a manner consistent with constitutional
rights.
5 interpretation
5.1 The word"person"includes a firm, association, governmental entity, organization, partnership. trust,
company, or corporation as well as an individual.
5.2 The word"shall"is mandatory.
5.3 The word"may"is permissive. fl
5.4 The words"used"or"occupied" include the words"Intended, designed, or arranged to be used or
occupied".
5.5 The word "LOT"includes the words"plot"or"parcel".
5.6 Words used in the present tense include the future tense.
5.7 Words in the singular number include the plural number, words in the plural number include the
singular number, unless the context clearly indicates the contrary.
5.8 The particular controls the general.
5.9 Words and phrases used in this Ordinance which are not specifically defined in Section 10, shall be
assigned their ordinary, contemporary meanings.
31.3.5 OFFICE incidental to the operation of the USES Allowed by Right as listed in Section
31.2, Uses Allowed by Riaht in the A(Agricultural)District
31.3.6 MOBILE HOME subject to the additional requirements of Section 43, Mobile Homes.
Accessory Dwelling Units
31.3.7 Roadside stands when the products offered for sale are grown on the premises.
Such stands shall be situated not less than fifty(50)feet from the PUBLIC right-of-
way.
31.3.8 SIGNS, in conformance with the provisions of Section 42, Sians.
31.3.9 NONCOMMERCIAL JUNKYARD
31.3.10 My other STRUCTURE or USE clearly incidental and ACCESSORY to the operation
of a Use Allowed by Right in the A(Agricultural) District.
31.4 USES by Special Review in the A(Aariculhttajtflic in
The following BUILDINGS, STRUCTURES and USES may be constructed,occupied, operated, and
maintained in the A (Agricultural) District upon approval of a permit in accordance with the
requirements and procedures set forth in Section 24, Uses by Special Review.
31.4.1 Mineral Resource Development facilities including:
• OIL AND GAS STORAGE FACILITIES
• OIL AND GAS SUPPORT AND SERVICE
• Open pit MINING and materials processing, subject to the provisions of Section
44.
* Asphalt and concrete batch plants
' Coal gasification facilities
• MINING or recovery of other mineral deposits located in Weld county, subject
to the provisions of Section 44, Ooen Mining.
31.4.2 Agricultural Service establishments primarily engaged in performing agricultural,
animal husbandry,or horticultural services on a fee or contract basis, including
• Sorting,grading and packing fruits and vegetables for the grower.
• Grain and/or feed elevators.
• Crop dusting or spraying operations facilities(includes hangars, landing trips,
fertilizer storage facilities, insecticide storage facilities,fuel storage facilities, and
OFFICES ACCESSORY to the crop dusting or spraying operation).
• Farm equipment sales,repair,and installation facilities.
* Veterinary clinics or hospitals.
• Grain and feed sales.
• Commercial grain storage and drying.
▪ Fertilizer storage, mixing, blending,and sales.
• Seed production, processing,storage, mixing blending and sales.
• Animal training and boexceeding
facilities.en-thousand production exceeding ten-thousand (10,000) gallons per year or the
sale or loan of alcohol occurring to any other person not involved in the alcohol
production operation.
• Animal waste recycling or processing facilities.
• Custom meat processing.
• LIVESTOCK sale barns and facilities.
• IVES OCKdehy n faN.
LIVESTOCK CONFINEMENT OPERATIONS.
31.4.3 Recreational facilities and USES including:
30-3
n ,yL q
• Race tracks and race courses.
• DRIVE IN THEATERS, subject to the provisions of Section 45.7, Dnve-In
Theaters
• Golf courses.
* Shooting ranges, subject to the provisions of Section 45.3, Outdoor Shoctin
Ranges
• Guest farms and hunting lodges.
• Fairgrounds.
• PUBLIC, commercial, or private tent or RECREATIONAL VEHICLE camping
areas.
31.4.4 Public Utilities facility including:
• Equipment storage or repair facilities,subject to the provisions of Section 45.8,
Public Utilities Facilities,
• Storage tanks,subject to the provisions of Section 45.8,public Utilities Facilities.
• MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES, subject
to the provisions of Section 45.8, Public Utilities Facilities
31.4.5 PUBLIC and quasi PUBLIC BUILDINGS including:
' Churches.
' Private SCHOOLS.
• Administrative OFFICES or meeting halls for agricultural organizations.
31.4.6 AIRPORTS,and AIRSTRIPS.
31.4.7 JUNKYARDS or salvage YARDS.
31.4.8 KENNELS,subject to the additional requirements of Section 45.6, Kennels,
31.4.9 Solid Waste Disposal sites and facilities, subject to the additional requirements of
Section 45.4, Solid Waste Sites and Facilities or Hazardous Waste Disposal Sites
31.4.10 Keeping, raising or boarding of EXOTIC ANIMALS.
31.4.11 One or more microwave, radio,television,or other communication transmission or
relay tower over seventy(70)feet in height per LOT.
31.4.12 ONE (1) SINGLE-FAMILY DWELLING UNIT per LOT other than those permitted
under Section 31.2.1 of this Ordinance.
31.4.13 MULTI-FAMILY DWELLINGS for persons customarily employed at or engaged in
FARMING, RANCHING or GARDENING.
31.4.14 Expansion or extension of NON-CONFORMING USES.
31.4.15 HOME BUSINESS.
31.4.16 ACCESSORY BUILDINGS with GROSS FLOOR AREA larger than
4%(four percent)of the total lot area,as detailed in Section 31.3 of this Ordinance,
per BUILDING on LOTS In an approved or recorded subdivision plat or LOTS part
of a map or plan field prior to adoption of any regulations controlling subdivisions.
31.4.17 ANIMAL BOARDING where the maximum number of ANIMAL UNITS permitted in
Section 31.5.4 are exceeded and/or the traffic that is generated by the boarding
activity exceeds sixty(60)trips per day to and from the property.
30-4
31.4.18 Any use permitted as a Use by Right,an ACCESSORY USE,or a Use by Special
Review in the COMMERCIAL or Industrial zone districts provided the property is not
a LOT in an approved or recorded subdivision plat or LOTS parts of a map or plan
filed prior to adoption of any regulations controlling subdivisions. PUD development
proposals shall not be permitted to use the special review permit process to develop.
31.4.19 CHILD CARE CENTER.
31.4.20 BED AND BREAKFAST FACILITY.
31.4.21 USES similar to the USES listed above as Uses by Special Review as long as the
USE complies with the general intent of the A(Agricultural)District.
31.5 Bulk Requirements. The following lists the Bulk Requirements for the A
(Agricultural)District.
31.5.1 Minimum LOT size
Irrigated eighty(80)acres
Dry eighty(80)acres
31.5.2. Minimum SETBACK twenty (20)feet
31.5.2.1 Fences are not required to comply with the minimum SETBACK and may he located
on the property line. Fences located on corner lots abutting public rights-of-way shall
not obstruct the view of vehicular traffic at an intersection.
31.5.3 Minimum OFFSET:Three(3)feet,or one foot for each three(3)feet for BUILDING
HEIGHT,whichever is greater.
31.5.3.1 Fences are not required to comply with the minimum OFFSET and may he located
on the property line.
31.5.4 Maximum number of ANIMAL UNITS permitted per acre:four(4)per acre or portion
thereof.
31.5.5 No BUILDING or STRUCTURE as defined and limited to those occupancies listed
as Groups A, B, E, H, I, M and R in Table 3-A of the 1997 Uniform Building Code,
shall be constructed within a 200-foot radius of any tank battery or 150-foot radius
of any wellhead. Any construction within a within a 200-foot radius of any tank
battery or 150-foot radius of any wellhead shall require a variance from the terms of
this Ordinance in accordance with Section 61.3.
32 Residential Districts
32.1 Intent of the Residential Districts. The R-1,R-2, R-3, R-4 and R-5 Residential Districts are intended
to provide the present and future residents of the COUNTY with areas in which to locate and establish
residential land USES and land USES that are compatible with residential areas. The Residential
Districts are intended to be located,designed,and developed in a manner that is compatible with the
WELD COUNTY COMPREHENSIVE PLAN and the adopted MASTER PLANS of affected
municipalities.
32.2 The R-1 (Low Density Residential)District.
32.2.1 Intent of the R-1 District. The purpose of the R-1 District is to provide areas in the
COUNTY for SINGLE FAMILY residential USE that are located, designed, and
developed in compliance with the WELD COUNTY COMPREHENSIVE PLAN and
the adopted MASTER PLANS of affected municipalities. The R-1 District is also
30-5
MAY-30-00 TUE 08:40 WELD CTY TITLE DNTN FAX NO. 9703563248 F. 01
7 I
t
Weld County Title Company
.'•, 1121 Stn Ave. Greeley, CO 80631 • (970)359 Fax(970)356:1248
May 26,2000
Mr.Brent Coan
Otis Coan& Stewart LLC
1812 56th Avenue
Greeley CO 80634
RE: Carmacar Ranchettes
Dear Brent,
Vicki County Title Company is issuing title work in the above referenced subdivision with
exception to the following:
The effect of Protective Covenants as evidenced by instrument recorded
September 27, 1973 in Book 700 as Reception No. 1622051.
Weld County Title an Compy does not insure the validity or enforceability of said covenants.
a, 1,iJig,
Kathryn A. hang
Vice Presi
Downtown • 1221 8th Ave. Greeley.CO 80631 • (970)356-3232 Fax(970)356-32x8
West • 1009 37th Ave-Ct.,Suite 101 Greeley,CO 80634 • (970)351-0007 Fax(970)351-6633
•G -- (i_.- SE 27 1973 .; s
- b corded at e. ceird P .
�1 Coqn . __._.
.��^�r�f 1.622651. Ire Sob•,FP Recorder. 0 1 0O I
IIch Se tember ]3 FILING STAMP l"
THIS DEED, Made this day of P , 19
•
• between
CARMACAR CORP. I ,—t -
t i
•
i I
• a corporation duly organized
C. and ex:snng upper and by virtue of the laws of the State o£ Colorado ,,'
of the first part,and
{ - CHARLES G. OLSON and CAROLYN S. OLSON O -
,� of Che County of Weld _
I
and State of Colorado,of the second part:
W ITNESSETH:That the said party of the first part, for and in con- o
I ,=. sidcrtion of the sum SIX THOUSAND FIVE HUNDRED AND NO/100 DOLLARS. •
>y'
to it in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and nclmowledged. O
_ has granted, bargained,sold and conveyed and by these presents does grant,bargain,sell, convey and confirm unto : 1
L.j: the said parties of the second part,not in tenancy in common but in joint tenancy,the survivor of them,their assigns "Ni
f r) and the heirs and assigns of such survivor forever, all the following described lot or parcel of land, situate.lying O i •
. -
i , . and being in the County of Weld and State of Colorado.to wit. O• j
( O '.. ,
i Lot Eight (8),
Block Four (4) ,'Th
= y
I CARMACAR RANCHETTES, 2-
I a subdivision of a part of the East 1/2 of Section 5, r"
Township I North of Range 68 West of the 6th P.M., Ir
• �1, Weld County, Colorado '
i Stole Documentcry Fee
SEP 27 1973
Date
O, 6S -
i
TOGETHER with all and singular the hereditaments and appurtenances thoreunto belonging, or In anywise .
appertaining. and the reversion and reversions, remainder and remainders. rents.Issues and profits thereof; and all
the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or
equity..I.in and to the above bargain premises,with the hereditements and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances, unto the
,id parties of the second part, the survivor of them, their assigns,and the heirs and assigns of such survivor for. i, -
over. And the said party of the first part, for itself, its successors and assigns, does covenant. grant, bargain and
I agree to and with the said parties of the second part, the survivor of them, their assigns and the heirs and assigns s -
of such survivor, that at the time of the ensealing and delivery of these presents. it is 'sell seized of the premises
I above conveyed,as of good, sure.perfect,absolute and indefeasible estate of inheritance, in law, in fee simple, and
•
has good right, full power and lawful authority to grant, bargain. sell and convey the same in manner and form
os
aforesaid and that the same are free and clear from all former and other grants. bargains sales, liens taxes.
sesaments and encumbrances of whatever kind or nature see ., except taxes for the year 7973 seeing.,
I and subsequent years. Subject to restrictions, reservations, easements and .
rights of way of record. This conveyance is subject to the protective covenants
attached hereto.
I and the above bargained premises, in tho quiet and peaceable possession of the said parties of the second part, the .;,
survivor of them,their assigns and the heirs and assigns of such survivor, against all and every person or persons p,
lawfully claiming or to claim the whole or any part thereof,the said party of the first part shall and will WARRANT
AND FOREVER DEFEND. . . . :
IN WITNESS WHEREOF.The said party of the first part has caused its corporate name to be,hereunto sub- ;li
scribed be its President and its corporate seal to be hereunto affixed. I•s1aINIS
re the day and year first above ,written. /:
SOS s<.f
ta i/ '
•, I CARMACAR CORD a Coala 4
• _ if u f
C ° //J//({e--
j7re.�u� I
A` i f�f By... '! '� f vs wJm�i..•,' ,O1A�tj�4e,C0 ORA.DD. lea
\� asnnty lot . /�.<..rs...a. tom`
.Tlf tpp'nisrrunic *Its acknowledged before this I Ith day of September ,
h'} 2 W)^' 1 h. /-/ .....:4=. .r".. , i.. ,.- as President s
.. so Sal of
C ei A'iviNCAR Go RA acorporation. uq_
My art trial commission expi NI A)' ,77f /77-7
Witness my hand and of alai al. ------> ,,
I
- . _v
- K 700 1622051
DECLARATION OF PROTECTIVE COVENANTS OF CARMACAR RANCHETTES 2 -2-
, No tract shall be used except for residential purposes and no business of any nature , •
,hall be conducted on the premises. No building shall be erected, altered, placed or per- ,
mitted to remain in any lot other than one detached single family dwelling with necessary I •9
Al]
buildings shall be of new construction. Necessary buildings, j -
garage or outbuildings,
corrals, water facilities and other structures for the purpose of keeping livestock for
family recreation shall be permitted on any tract. Every effort shall be made to keep such
' structures attractive and painted and concealed from general view to the extent possible.
2. An Architectural Control Committee for Carmacar Ranchettes is constituted. This com-
mittee is ccnposed of Lyle Carpenter, Mariann McAleer and K. H. Gantenbein, A majority
of the committee may designate a representative to act for it. In the event of the death
or resignation of any member, the remaining members shall have full authority to designate
a successor. Neither the members of the committee, nor its designated representative shall
be entitled to any compensation of any kind for services performed pursuant to this covenant.
3, No building shall be erected, placed or altered on any residential lot until the construe- t,
tion plans and specifications and a plan showing the location of the structure have been ap- I ,
proved by the Architectural Control Committee. In the event the committee or its designated
representative fails to approve or disapprove within 30 days after plans, specifications and
plot plan have been submitted, approval will not be required and the related covenants shall
be deemed to have been fully complied with,, ..
4, No structure of a temporary character, trailer, basement, tent, shack, garage, barn or 3
other outbuilding shall be allowed, except as otherwise permitted hereby, except during
construction periods, and no new dwelling shall be occupied in any manner prior to its com- .
pletion, I • - - --
5, The principal dwelling shall have a minimum fully enclosed ground area devoted to living H
purposes, exclusive of porches, terraces and garage of 1200 square feet, except that where
the said principal dwelling is a f=, or 2 story dwelling, the minimum may be reduced Co 900
c
square feet of ground floor area, provided that the total living area of the lq or 2 story •
is
is not less than 1400 square feet. - •
No more than one residence will be permitted on any lot. No building shall be located
„n any lot nearer than 50 feet of the front lot line.
7 No animals, livestock or poultry shall be raised, bred or kept for any commercial pur-
poses on any tract. The Architectural Control Committee's approval is expressly required
for livestock.
i of bui
ldings s o
for the erection 9 ,
8, No portion of the property shall be used or maintained as a dumping ground for rubbish, I ,
trash, garbage, and other waste. Trash, garbage and other waste shall be kept in sanitary
containers. All equipment for storage and disposal of such material shall be kept clean and
sanitary. No junk cars will be allowed.
g. Each dwelling shall be constructed with adequate off-street parking area for at least
two automobiles. No parking shall be allowed within the road right of way.
10. An easement of 25 feet from each side of the center line of the Erie Coal Creek irrigation
Ditch is hereby reserved over Lots I to 9, Block 6, as shown on the plat. No fence, wall or i.
I '
other obstruction shall be constructed to obstruct the maintenance of the ditch or the em-
ployees or agents of the ditch company. '
11 . Easements and rights of way as shown on the recorded plat are hereby reserved in this
Subdivision for poles, wires, pipes and conduits for heating, lighting, electricity, gas,
telephones, sewer, water, drainage ditch or any other public or quasi public utility service I •
purposes, together with the right of ingress and egress and regress at any time for the pur-
pose of further construction and repair.
12, The conditions, restrictions, agreements and covenants contained herein shall not be waived, 1
• abandoned, terminated, or amended except. by written consent of the owners of 75 percent of the r
land as the same be constituted according to records of the Clerk and Recorder of Weld County, :;!(
Colorado. ',
i
13. These covenants are to run with the land and shall be binding on all parties and all per , .{M
sons claiming under them for a period of 20 years from the date these covenants are recorded
"ter which time said covenants shall be automatically extended for successive periods of 10
_ars unless an instrument signed by the owners of 75 percent of the land has been recorded
agreeing to change said covenants in whole or in part, '2
14. Enforcement shall be by proceeding of law or in equity against any person or persons
violating o- attempting to violate the aforesaid provisions, restrictions and covenants, either P2 rzi
to restrain violations or to recover damages, or both.
t5. Invalidation of any one of these restrictions by judgment or Court Order shall in no way
affect any of the other provisions which shall remain in full force and effect.
• Boon /(j`� __ R . _ AUG;?21974
_ /,G 1 1�/ 2.6 o 5. LEE SHEHEE, I(l, Recorder.
I - Reception No,.__._...__. N. _.. ..ESH_
list day of August FILING STAMP
+ THIS DEED, this
pQr in the year of our Lord one thousand nine hundred and seventy four
[ between CARMACAR CORP.
,; o
a corporation duly organized State Documentary Fee III
`bI' nd existing nadir and by virtue of the laws of the state of Colorado AU G 2 2 1974
' of ti fist part,and Doi,- �_
p.jtF ROBERT LOZINSKI and MARTHA LOZINSKI S • 4 y' --
of the County of Weld
;V . - and State of Colorado,of the second part: __WITNESSETti That the said party of the first part,for and in con-
iderntion of the sum of �.
SIX THOUSAND THREE HUNDRED SEVENTY AND NO/100 DOLLARS.
to it in hand paid by the said parties of the second part,the receipt whereof is hereby confessed and acknowledged,
has granted,bargained,sold and conveyed and by these presents does grant,bargain sell, convey and confirm unto
y •
- the said parties of the s and part,not in tenancy in common but in joint tenancy,the survivor of them,their assigns t
ec such survivor forever,all the following described lot or parcel of land,s t to
and the heirs end_being _sto-wit;I and State of Colorado,
County of WCld. a
, the v
_ lying and in
F -
';' ' iI Lot Two (2),of Block Six (6), I _..
iY:yyt
,ip. CARMACAR liANCkIETTES, ,
,ii.l./ - a part of the E 1/4 of Section 5, i t'
?•late• Township 1 North, Range 68 West of the 6th P.M. lI •
�''" County of Weld,
'��'SState of Colorado
e 'E
Subject to protective covenants attached hereto
c
� . and entitled ENFLIBIT "A" E'
ii
' O •
TOGETHER th all and singular the hereditaments and appurtenances thereunto belonging, or in anywise f.
appertaining.and the reversion and reversions,remainder and remainders rents,issues and profits thereof;and allCt
I the estate,right,title,interest,claim end demand whatsoever of the said party of the first part. either in law or I o t
equity, of, in and to the above bargained premises,with the hereditaments and appurtenances.
b 5, bargained and described,with the appurtenances,unto the 1
TO HAVE AND TO n HOLD the said premises tee above .�,'
d�¢• an dd parties of the second part,the survivor of them,their assigns and the heirs and rant. el such bargain or forever.agree
And the said party of the first part,for itself,its successors and assigns,does covenant,g and i
I to and with the said parties of the second part,the survivor of them,their assigns and the heirs and assigns of such
survivor that at the time of the ensealing and delivery of these presents, it is well seized of fee premises m above
• conveyed, as of good, sure, perfect,absolute and indefeasible estate of inheritance, in law, in
,,t.,,' good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form afore- I 1
said,and that the some re free and clear from all former and other grants,bargains,sales,liens,taxes,assessments
7 and incumbranccs of whatever kind or nature soever. Except taxes for the year of 1974 and sub- I '
Sequent years. Subject to restrictions, reservations, easements and rights of ..,),-
et
I'' way of record. I .
III • : ,.
, and the above them,
m, gnspremises,in the quiet and signs of such suriin of the said parties of everyt e e ono pperrt,one `
survivor l imi g their claim
and the heirs and ea,the said yr.of the lintnst partshall and personll WARRANT
lawfully claiming or to claim the whole or any part thereof, party will y-.''
sons
AND FOREVER DEFEND. bvn,r^onto rvb-
I�I IN WITNESS WHEREOF,The said party of the first part has caused its corporate name,�ia• Soil _J
scribed by its President and its corporate seal to be hereo,, ...t '.a' [•[••'
the day and year first above written ‘,./....:;4!.: •.•
� .
CARMACAR1c0 ii....2 t`@
_—__—..._._._ sasses �
BY R It ten sin' • rraiea
: t.., ,I STATE OF COLORADO. 1 d. . s' Y
L I'M
County of Jefferson day of August :
21st
11 ,4'.A.Vrtte.foregoing instrument cn acknowledged before me this as Preeidentaint 2,..
�yJ£ DfilsilO[$%1r `s
t � 4 •by' K. H. Gan tenbcin ]fit
� [aqc' t A�t,, a corporation.
,k+ •�77!!��'�,n` Caxmacar Corp.Corn I / •t a %y /97Z
N ` •�4 " My notarial commission expir 1 K' (, r muss my has t and o5 f1 a s�nl �b,
i
Y r � . .V... _n ..... PaWI[.Notary S tk - I r-'9 r.e k'
`Ie,c r V_r,an:y Deed. from carps rm on ro Joint Tenoms eSecutify wit fe P \v
d y 1a r1.
Yin 11343282 ;;
,-, (Cs OL'L.iwlllwlAz' 'ION 01' rCilLCIIVL COt'tliih1'S 01 CAllbiCAR RR:a:HETlLs 02_
5 r
I , No tract shall be used except for residential purosrs and no business of any nn Lur
,.-4-
,;,,,, Al,, shall be conducted on the premise::. No building shall be erected, altered, pinrrcl or psi - aye
r 4Y°f l«'J ' flitted to remain in any lot other than one detached single family dwelling with necessary
•
"h'i tl,r : garage or ohtbuildinns, Ali building, hall he of news con'Lruction. Necessary buildings, ;
Arai ?i' corrals, water facilities and other structures for the purpose of keeping livestock for
`a family recreation shall be permitted on any tract. Every effort shall be made to keep Jich
sayyv ee""+ structures attractive and painted and concealed from general view to the extent possible,
S '�, An Architecto-al Control Committee for Ca rmacar Rancher tes is co nsti to reds This con- to. ..
,
5 ,
it ,F1 jjaSSN • mince is composed of Lyle Carpenter , Mariann McAleer and K. M. Gantenbern. A majority
'�x,�4�+i. of the Commit tcci may designate a representative to Oct for it. In the event of the death
"use`"IA,F`S, Cr resignation of any member, the remaining members shall have full authority to designate
[ �'�`v'r".4 successor. Neither the members of the committee, nor •
'4its designated representative chtlI
beentitled to any compensation of any kind for services performed pursuant to this covenant.
'xa ;� 3, No building shall be erected, placed or altered on any residential lot until the construe-
�'%. r is r
asp > tfon plans and specifications and a plan showing the location of the structure have been ap-
• x' 'i proved by the Architectural Contro' Committee. In the event the committee or its designated
+ representative fails to approve or disapprove within 30 days after plans, specifications and
, plot plan hove been submitted, approval will not he required. ond the related covenants shall
y be deemed to have been fully complied with,
•
�} ' 4, No structure of a temporary character, trailer, basement, tent, shack, garage, barn cr
other outbuilding shall be allowed, except as otherwise permitted hereby, except during
construction periods, and no new dwelling shall be occupied in any manner prior to its con-
7776„,_ plot ion.
▪ F
f,'yY' 5, The principal dwelling shall have a minimum fully enclosed ground area devoted to living
' purposes, exclusive of porches, terraces and garage of 1200 square feet, except that where
•
▪ "; the said principal dwelling is a lkr or 2 story dwelling, the minimum may be, reduced to 900 5 .
qw square feet of ground floor area, provided that the total living area of the l-i or 2 story
$ is not less than 1400 square feet.
v,-,f.
6. No more than one residence will be permitted on any lot. No building shall be located
Av... on any lot nearer than 50 feet of the front lot line,
rif.. . 7„ No animals, livestock or poultry shall be raised, bred or kept for any commercial per-
, ':s s on any tract. c.The Architectural Control Cos ,_ •. cc's approval is expressly requiter!
,.r the erection of buildings for livestock.
4 a„. . 18. No portion of the property shall be used or maintained as a dumping ground for rubbish,
t ,4 trash, garbage, and other waste. 'Trash, garbage and other waste shall be kept in sanitary
C containers. All equipment for storage and disposal of such material shall be kept clear and
� ,unitary, No •jenk cars will be allowed. jj
.,�_,
3 �' '�1,r+ 9„ Each dwelling shall be constructed rah th adequate off-street parking area for at leas:
1, 4 { .' top automobiles. No parking shall be allowed within the road right of way.
r1F t ID„ A easement of 25 feet from each side of the center line of the Eric Coal Creek irrigation 'i .
Y4. „lfi> rjxr (I n tch is hereby reserved over Lots 1 to 9, Block 6, as shown on the plat. No fence, wail or
v ca; r.(, iA4 ,other obstruction shall be constructed to obstruct the maintenance of the ditch or the em- r
t{ '.'Zi Iployees or agents of the ditch company.
▪r •, • I1 „ Easements and rights of way as shown on the recorded plat are hereby reserved in this I
f ,. t' Subdivision for poles, wires, pipes and conduits for heating, lighting, electricity, gas.
;.;:"! :,:.e,1,! .lrt i'w telephones, sewer, water, drainage ditch or any other public or quasi- public utility service
pur noses, together with the right of ingress and egress and regress at any time for the pur-
�A tp'f pose of further construction and repair.
a a
The conditions, restrictions, agreements and covenants contained herein shall not be w waived,
'sf` ehanuonea, terminated, or amended except by written consent of the owners of 75 percent o the
A�"'r.3 1hiJ, land as the same be constituted according to records of the Cleric -nd Recorder of held County,
'"rtp.A Colorado.
it
I'V44 13.. These covenants .arc to run with .he land and shall be binding on all parties and all per-
y ,I*4, soils claiming under them for a period of 20 years from the date these covenants are recoiced,
he r r -after which time said covenants shall be automatically extended for successive periods of 10
u 'rr} years unless an instrument signed by the owners of 75 percent of the land has been recer.cd ;:
1
'V agreeing to charge said covenants in whole or in part.
n
Y
L/:14 r ;—.4 rnforcement shag , 6c by proceeding of law or in equity against any person or persons
v oliLin nl dl ;cmeting to violate the alores•aid provisions. robErictinn4 and cnv.r ,i irh•'•
= ff Lb re a u vie ' i o•r: r io recovor damaees or both
c yk �
'�.}�rgFx • loyal it r. of n•, nr � of Us rc�:L' r L or by ludo ern l- or Court Order <h;.11 in nn way ,
n s1: ,ii ..',, iv. t. • , ,r,• 'sips• ,:ii l cll -' ill lbere i n ire hill rim CC uul clfect.
F.t '(Va'�_gr/
aeoprtad at
3 1439 EEC 02386552 35/03/94 15:12
�'R2,8654L. F 1389 MARY ANN E OD .. Cp:; AI.YYr�
? UEFSTEIN CLERK & RECORDER ER WELD C„ : .
a IP ,
no
THIS OEED, place this 27th day of April, 1994, between
1 . SILLY R C ROBINSON end CLARA GAZLE ROBINSON --�. I
1 ;w of the County of WELD and State of Colorado, grantor, and CTATE D0CUh1EP)T RY FEE k4
TIMOTHY L. BAKER and SETT—' A. RAISER Date q /._ I�-Y� TV •
I 1'i ::,—
.P.1,4"whose legal address is 1906 .MOUNTAIN v_TEw __�I—L'
ERIE, CO 80516 ----(iii ______.0 C' f ,
/ r _
,4A� iN t io )' of the County of WELD and State of Colorado, grantee: — I 3`
w. '4r,:2• .,, a(i :, ,
r r "`ES. r III t WITtiECSETA, That the grantor for and do consideration of the sum o£ $180,000 0! •n
lyl t f DOLT.aO5, the receipt and sufficiency of which is hereby acknowledged, has oranted, s'
c r bargained, sold and conveyed, and by these presents does '�
a ',ice Li >f grant, bargain, skid, convey e c
i, hT,a )ICI l� d confirm, unto m me grantee, his heirs and assigns be forever, all my real property at ohe-
-",:-Ii =?-11 r,MA with improvements, as follows:
situate, lying and being in the County of WILD and SCat.z. of
Iw a t 1 Colorado described as to!lows:
t i* ta. •, LOT FIFTEEN (15), IN BLOCS FOUR (4), raWvar'R R7,NCRETTES, A SUBDIVICION OF A PART 0]F THE
.y h i f EASY RaiF (E /?) OF SECTION 5, TOWNSHIP NORTH, RANGE 68 WEST OF THE 6TH P.H., IN THE
COUNTY OF WELD, STATE OF COLORADO, ACCORDING TO THE RECORDED MAP OR PLAT THEREOF. • 1
r a e (2 qr
lv IGI ':1 e
:
A J1J Ali rte _
z 4' a� .P also :mown by street and number as: 1906 HOUNTA.IN 'IIEW, BRIE, CO, 80516.
tl ° ri, f h si
r 1 4 TOGETHER with all and singular the heredataments and appurtenances '{
�y{° P mainde thereto antr_ay,
11 or in anywise appertaining, and the reversion and reversions, remainder and remainders, k hI );
1 ' 'a i,, r' .J' rents, issues and profits thereof, and alltitle, n f the estate, right, interest, claim `,
'a:1 t t .,4,{:-•,,, demand whatsoever of the grantor, either in law or equity, of, in and to the above ''((-4 ;�:
bargained premises, with the hereditameats and appurtenances.
I i Iw - TO HAVE AND TO BOLD the said premises above bargained and described, with the
I n {g'F r + aoourtenances, unto the grantee, his heirs and assigns forever. And toe grantor, for K j0
I t9, himse'f, his heirs, and p i' zy r personal representatives,assignses, does covenant, grant, bargain, wan agree 5g ,,,\ „,
] ' 4 ,4 ) to vend with the grantee, his heir, and assigns that at thepremises time aboveof the eyed,has oo
r ht,wa71'Ni J1 delivery of these presents, he is well seized o: the conveyed, has I
y(�,,�� i gore,
r15'e!,d„ '"w6 y II sure, perfect, absolute and dindefeasible estate of inheritancee,, in law, in fee simple, �°Yj OCw�i?
'4r $ a u 1n) and has good right, full power and lawful authority to grant, bargain, sell and convey In,
i T 4A4 same in manner and form as foresail, and that the same are free and clear from all firmer rhri
rt 'qxl T14�i�"'�b i�, and other grants, bargains, sales, liens, taxes assessments, encumbrances and m el .ik
4i 7 ej ...'1 y •,- restrictions of whatever kind or nature soeve except 1994 taxes due and payable in '995, a'
n "Irt,9-1 1 ,i which grantees agree to pay, and except all minerals, aubject to easeannte, covenant::-
I'' aSYrvi'T r I;u il(, restri.ctionc, reservations and i eta of way and leases of record A i
Y• M1,. �. ('i g rl
'crl wa g grantor shall end will WARP1iNT AND FOREVER OFFEND the above-bargained premises _e ',I, V.
I �mA n ) 4 The
Iy the 'tier and peaceable possession or the grantee, his e: and assigns, against a1. and ,
Aol
a o6-4b!' r1 ! every person or persons ..awfully claiming he whole oil env part thereof. The singular +
t 9 ,q ,yf y number shall include the plural, the piurax the singular, and the use o₹ any gender Ivor {
�>t !, no w be applicable to all genders. d,
j rM(ib�'+ f, .DI WITNESS WHEREOF, the grantor has executed this deed on the date set forth senile. s
k + K } kX I. _ 4 i
�'i' YfATuy 1� PI x,., ^raw,
"e t o ewr d"`p Crc'hv TILL' MACK BI b 1 p fir
( I fp s. r al V'/ i7 pu eL••C
CLA G.11LE ROE IHSON , �'1 `ti
P.A
rl • Wit, P
`
v vyo-� `( a..
( e'4 { ] i •e, • v
a tl .7 STATE OF COLORADO: 4"
t [ b COUNT OF BOULDER; 3 4
-94
(M pr- 7 The 1ng99 byinstrument was acknowledged, subscribed and sworn to before me thin 2rlh ia(
;wA of Ap :394 by SILLY MACK. ROBINSON and CLARA GALLS ROBINSON. t
Hy Commission Expires: January 22, 1997. witness my hand and off:c seal
'; LOTARS YUELIC
T
��i
s^.
neF
. - ....-,xn^•...._:... .. n..W,....,E"..a ".mirn.uax _.rtFJnr!eY.ti_Lb^:...tea l-sa.,t�:_.�-wordWapyd raw. , ••l'
Recorded at _ _ o'c:iock 'b'(..- ---- ---
Recestion No. Recorder. F
/ 9+ ', 2479152 8-1535 2-514 03/04/96 04:23F PG L OF 1 REC DCC
i
Weld County CO Clerk & Recorder 6.00 18.50
4d,47)1OG
WARRANTY DE$D
THIS DEED, mace this 27th day of February, 1996, between
.'POTHT L. Pa aa'i and 3ETTY Law
to the County of HELD and State of Colorado, grantor, ate
ROBERT M. DAUH&RT and &TEEL G. ➢ALBERT
whose legal address is 1906 MOUNTAIN VIEW
ERIE, CO 80516
of he County of WELD and Stare Of Colorado, gronCee:
WITNESS, That the grantor, for and in consideration of the sum of $185,000.00 DOLLARS, tho
receipt and sufficiency of which is hereby acknowledged, has granted,, bargained, sold and
conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the
grantee. their heirs and assigns forever, not it tenancy in comoon but in joint tenancy,
- all the real property together with improvements, if any, situate, lying and being in the
County of MELD and State of Colorado described as follows:
We :IITR&N (15) , IN MACS rota (6), `ASUOCAR R2NCEECTES, A SUBDIVISION OF Si PART OF THE
EAST Ran' (E1/2) OF SECTION 5, TOWNSHIP 1 NORTH, RAN(�"S S8 NEST or THE 6TH P.M., IN TEE
COUNTY OF HELD, STATE Or COLORADO,
also known by street and number as: 1906 MOUNTAIN VIEW, ERIE, CO, 80515.
TOGETHER with ail and singular the hereditament, and appurtenances thereunto
belonging, or in anywise appertaining and the reversisn and reversions, remainder and
remainders, rents, issues and profits thereof, and all the estate, right, title, Interest.
claim and demand whatsoever oI the grantor, either '_n law or ecuity, of, in and to the
above bargained premises, with the hereditanents and appurtenances.
TO RAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto the grantee, their heirs and assigns forever. And the grantor, for
himself, his heirs, and personal representatives, does covenant, grant, bargain and agree
to and with the grantee. their heirs and assigns, chat at the time of the ensealing and
delivery of these presents, he is well seized of the premises above conveyed, has good,
sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, a::c
:has gond right, full power and lawful authority to grant, bargain, sell and convey the
same in manner and form aforesaid, and that the same are free and clear from all -erne_
and other grants, bargains, sales, liens, taxes, assessments, encumbrances and
restrictions of whatever kind or nature soever, except 1996 sales due and payable in 1997.
Subject to easements, covenants, restrictions, reservations and right of way of record if
any.
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises it:
the quiet ana peaceable possession of the grantee, their heirs and assigns, against ali.
and every person or persons lawfully claiming the whole or any part thereof.
The singular number shall include the plural, the plural the singular, and the use o:'
any gender shall be applicable to all genders.
IN W :SS SECT the grantor has executed this deed on the date set forth above.
T..105T'S L./dAKEA — -..,h,-
:yl5...,_. . . \
n '.F 1
-�'RE :0; ;.!!11 4
SETT.. BAKED
;o a� v.
'
STATE OF COLORADO]
;`O,a•,, t{'s Q
COUNTY OF SOOLDER)
The foregoing instrument was acknowledged, subscribed and sworn to before me this 27th day
of February, 1996 by TIMOTHY L. BAKER and BETTY BAKER.
Hy Cczranisslon Expires: January 2.. 1997. 1itne my hand and offl al seal.
_`1 r
OTAR CELLO
-iiflihK CO:
fl._cer; : . : ithel 2. Da pert
o0i. loannhnin Oiew
FRAME
y ' III! NH7310 f!ii0 il!!l058 l MI!!!!II Hil III i Meld i►iI IIII!hi
" ,,, -. r OD
1 of 1 S SAS 0 22.35 4R Suk! Taukameto
-- -- WARRANTY DEED -
TEES DEED. Made this 29th thy of a}' .19 98 ,
1
between Robert M. Daubers and Ethel G. Daubert
ofhhe County of 2fela and State of Colorado
grun"nr.and Tracy V. Wright and Mike's Pletcher
whose legalaadrees is 1906 Mountain View, Erie, CO 80516
oithe County of Weld and State of Colorado ,grantees:
WI1 N$55.That the grantor.for and in consideration of the sec of TWO HUNDRED SWENTY FIVE THOUSAND
FIVE HUNDRED AND NO/109 -------
..__DOLi.ASS,($225,500.00 ),the receiptanc 'III sufhao,cy of which is hereby acknowledged has granted,bargained,sold and conveyed.end by these preeenla does giant,bar
gain.sell,convey and confirm,ureo to grantees,their beds and racism forever,net to tenancy to uenmoa bath],joint tenancy, !!
a real
the property together withimpsovaneau,if any,situate,lying and being in the County of Weld t
and State of Colorado,deathbed as follows:
Lot cif teen (15) , in Block Four 14) , Ca=..a:oar Renchettan,
County of Weld, State of Colorado
uo known by street and number as '_905 Mountain e•w, Erie, Colorado 80516
TOGETHER with all and singular the berditameote and appurrnoences thereunto belonging,or in anywise appertaining,and
the revetm=aadreveraibas,remainder and reminders,rent,issues and profits thereof,and all the estate.right,title,interest-
claim and demand whatsoever of the grantor. either in law or equity, of. in and to the above bargained premises. with the
baeditements and anpnlenene ct.
TO HAVE AND TO HOLD the said mantises above bargained and described,with the appiatmmtcev,unto the grantees,their
heirs and assigns forever. And the manta,for himself.his bens and personal represemaiives"does covenant pant bargain and
agree to and-with the-gran(ees;'bed" rt td'assigos.that arise time of the emending and delivery of these presents.be is well
seized of the premises above conveyed, has good, sure, perfect absolute and indefeasible estate of inheritance, in law, in
fee simple.and has good right,full pow=and lawful authority to gnat,bargain,sell and convey the same in manner and form
as aforesaid. and that the same are free and clear from all former and other grants.bargains,sales, Ems. area.emeronenis.
encumbrances and restrictions of whatever lied or nature mover, except for taxes for the current year,a ilea has net yet dine
and payable,easements,restr dour,reservations,covenants sod rights-of-way of record.if goy.
The grantor shall and will WARRANT AND FOREVERDEFENR tbeahaverbargated pamhisesin the quiatad peaceable-posses- I '
Sion of the grantees.their heirs and assigns.against all and every person or persona lawfully claiming the whole or any pert thereat.
The singular number shall include the plate!,the plural the singular,and the use of any geodes shall be applicable to all genders
dl'7 WTTNESS WHEREOF,the grantor has executed this deed on the date set forth above.
C iii 'l
eaters Stirred G. Daudert
i
p,Rp�E
COI=
co as-
COUNTY.OF..-Boulder /yy/ p9
The foregoing instrument was acknowledged before me this .�- ' day of 9'777 7 ,19/(/.by
Robert M. Dauhert and Ethel� G. Gaubert
My Commis on --on expires: ;a^/-J 0O/ Witness my Is=aarad cal seal.
/ Notary Pub _.�
WAYBA.`HTY MELD(to rase Toast rsee..r*ee Noe:,4I174891 --�
out r4F4 MOUNTAIN VIEW FIRE PRO) cCTION DISTRICT
e Administrative Office:
9119 County Line Road • Longmont, CO 80501
(303) 772-0710• FAX (303) 651-7702
�����1■1 F
viavt
February 11,2000
Mr. Chris Gathman
Weld County Planning Department
1555 North 17th Avenue
Greeley, CO 80631
Dear Mr. Gathman:
I have reviewed the submitted material pertaining to the Use by Special Review for the restoration of
vehicles at 1906 Mountain View Street(Case Number: USA-1263, Case Name: Tracy Wright). The site is
within the boundaries of the Mountain View Fire Protection District and receives service from the District.
The Fire District is opposed to this request as proposed.
The restoration and repair of vehicles must be conducted in a building meeting the Uniform Building Code
(UBC)requirements for a Group H (Hazardous), Division 4 Occupancy. The pole barn was probably built
in accordance with the UBC for an agricultural building(Group U Occupancy- Weld County Permit ,413C-
9800835) and as constructed, is not designed for the proposed use. This would constitute a "Change in
Use"for the structure which would have to be approved by the Weld County Building Department..
The painting of vehicles is considered as an "Application of Flammable Finishes" in accordance with the
Uniform Fire Code (UFC). This is a hazardous activity and must be conducted within a building meeting
the requirements of a Group H, Division 2 Occupancy or a listed spray booth. Again, the pole barn is an
inappropriate structure for this type of activity.
We appreciate being involved in the planning process. Should you have any questions, please contact me
at(303) 772-0710.
Sincerely,
LuAnn Penfold
Fire Marshal
LMP/lp
cc: Dennis Renley, Weld County Building Department, 1555 N. 17th Avenue, Greeley, 80631
Tracy Wright, 1906 Mountain View Street,Erie,CO 80516
project file
file
ioa2.12.00
Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 ',taboo
3119 Cnty Line Rd. 10971 WCR 13 P.O.Box 575 P.O.Box 11 10911 Dobbin Run P O,Box 666 a O.Box 40
Longmont.CC Longmont.CO 299 Palmer Ave. 8500 Nhrot Road Laiayerte.CO 600 Briggs 100 So.Forest S1
80501 80504 `dead CO 80542 Most.CO 80544 80026 Ene.CO 80516 Dacono,CO 80514
,-25-00 10: 54A Mountain View Fire Protec 303 651 7702 P . 03
Jr
FAX MEMORANDUM
MOUNTAIN VIEW FIRE PROTECTION DISTRICT
9119 County Line Road
Longmont, Colorado 80501
PHONE: 303-772-0710
FAX: 303-651-7702
FROM: LuAnn Penfold two c
TO: Brent Coan
COMPANY: Otis, Conn 7 Stewart
FAX NUMBER: 970-330-2969
DATE: May 25,2000
NIIMIHER OF PAGES: 3 (including Cover)
MESSAGE:
Mr. Coan: Hope this helps. Until Mr. Wright's building meets the requirements of the
Uniform Building Code, Mechanical Code, and Fire Code, etc., he should not be using
the building as he has proposed bccause the use is considered hazardous. Thus the
Occupancy Classfication H. Application of flammable finishes is extremely dangerous
when not conducted in approved H-2 spray room of spray booth designed for such use,
NOTE: If you do not receive all or a portion of the transmission, please contact
Mountain View Fire Protection District at 303-771-0710.
LEFT HAND WATER DISTRICT
•
January 6, 2000
- Tracy Wright
1906 Mountain View
Erie, CO 805_6
Re : 1906 Mountain View
85 CR B4 L15
TO WHOM IT MAY CONCERN:
The property located a: the above address or legal
description is within the "SERVICE AREA" of Left Hand
Water District . The tap fee for the above named property
has been paid. This entitles one living unit to receive
water service at this location.
If you have further questions regarding this matter, you
may contact me at the District office .
Sincerely,
Kath yn A. Peterson
General Manager
KAP : km1
P.O. Box 210 •Niwot CO. 80544•(303) 530-4200 . Fax (303) 530-5252
UD/JO/UU lut 1J:Ou YA6 JUJOJUOZOZ LJII/L C Mil
LEFT HAND WATER DISTRICT
MEMORANDUM
TO: G. Brent Coen 3 pages via fax
FROM: KATHY PETERSON
DATE: 5/30/00
RE: Residential tap for 85 CR B4 L15
There is one single family residential tap for the above referenced
location. On the following pages is the policy regarding
residential taps. A residential tap is allowed to serve a
business, if the business is under the same structure (general:�y
speaking, a home office, home daycare, etc) . A body shop would
not, I assume, be under the same structure as the home, and so
would require a commercial tap. Before a new tap can be granted,
an application must be made to determine if there is sufficient
capacity for the new use .
In any event, it will be necessary for the body shop to have a
backtlow prevention device installed to prevent cross contamination
of the water system. Applicant should call to yeL information.
P.O.Box 210 •Niwot CO. 80544•(303) 530-4200 • Fax (303) 530-5252
UD/JU/UU lUt, 1J:DU IAA JUJDJUDZDZ Lanauuz
Left Hand Water District
Schedule of Policies and Rates
,_, I. Residential. Taps
A. Definition:
A residence for the purpose of this tap classification .is
defined to be a structure normally occupied by one family.
Water use under this residential classification may also
include the following: A business if such business is operated
by the occupant of the residence and both the business facility
and the residence are situated in the same structure under the
common ownership of the person holding the residential tap_
B. Tap Requirements :
1 . A tap consists of the following:
a. Plant investment fee
b. Meter/pit/installation fee
c. Water reserve requirement
d. Water acquisition fee (Left Hand Ditch share, Big
Thompson unit or Windy Gap unit as determined by
property location. )
2 . The tap fee shall be at the current price for each single
family equivalenL.
3 . a. Each residential tap allows water service for only
one household or living unit occupied by one family.
b. Any additional living units on the same property
location requires a tap fee per each additional
living unit receiving water service.
C. Service Connections :
Each service connection for A reAiriential tap will he a S/R"
meter service connection to the distribution lines of the
District unless a larger connection is granted by action of the
Board of Directors and upon such terms and Conditions as may be
fixed by the Board of Directors, from time to time.
D. Meter Rates:
There shall be assessed and charged for the use of water
measured through a meter, per month, per tap/tap equivalent
from the waterlines of the District at the then current Monthly
Service and Volume Charges
21
Rev:1/14/99 3/4^Rev: 3/11/99 Rev: 4/26/99
UJ/J1,/Uu lilt 1J:au t:ld JUJ0JUoZa2 LUWL 4, 1,11.5
E . Accessory Dwelling:
In limited cases, and at the sole discretion of the District' s
Board, tap service may be provided to two separate dwellings,
on the same parcel of property, through upgrade of the existing
single residential 5/6" tap, to a residential 3/4" tap. in
order to qualify for this upgrade, there may be no more than
one additional dwelling, and the secondary dwelling must be
under the common ownership of the person holding the primary
residential tap, and the property on which the two dwellings
lie cannot be divided, nor the dwellings separately sold.
F. Tap Fee for 3/4" Upgrade
The tap fee for a 3/4" upgrade, will be all components of the
then current 3/4" tap fee, based on 1 .5 residential tap
equivalents, less all components of the then current 5/8" tan
fee. Where no 5/8" residential tap is in service, new service
to a primary and supplementary dwelling as outlined above will
be allowed at the discretion of the District, and will require
payment for all components of the then current 3/4" rasirlantial
tap fee.
•
22
Rev:1/14/99 3/4"Rev: 3/11/99 Rev: 4/26/99
MAY-30-00 07 :55 AM PHYSICS. DEPARTMENT 3034923352 F , 0`.
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5489 Weld County Road 5
Fantastic opportunity to own a horse property on 1 acre!
Pride of ownership shows in this well cared for home with:
Wonderful back range views
New paint and steel siding
3 Bedrooms
1 % Bathrooms
Large master bedrooms
Oversized deck with mature trees
2 car attached garage
Loafing shed
For more information, or for a private showing, call Jill Falconer at 303-931F5200 or
Kirk 'alconer at 303-931-3399.
Re/Max Alliance 303-499-9880
MAY-30- 00 07 :56 AM PHYSICS. DEPARTMENT 3034923352 P. 06
1908 LONG 'S PEAK STREET i
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Horse Property On Over An Acre
* Id-level with over 2490 sq. ft. * Evaporative cooler
* 3 bedrooms on upper level * Covered patio area
* 1 bedroom on lower level * Over 800 sq. ft. garage
* MASTER BATH * Attic storage in garage 1
* 3 bathrooms total * Workshop
* I-uge 23' x 22' great room * Additional storage room
* S;one fireplace in great room * 16' x 10' barn w/ hay stor ge
* 22' x 13' family room in lower level * Chicken coop
" flick fireplace in family room * RV parking
* Breakfast bar in kitchen * 1 ,01 acres fully fenced
* All kitchen appliances * Close commute to Denver
* Dining room Longmont, Boulder
* Ceiling fan * Erie schools
t'$// 46o6t 3ree,411
lowC.GN�i ✓IE r�ly Much More
✓e Priced at 31 q /9 O
4h(wMke1lo 110491
Quiet country living at its best!
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