The URL can be used to link to this page

Browse Search

Home My WebLink About20003218.tiff • • RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION #2841 - SHULTZ FARM, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, pursuant to its authority under Section 30-28-101(10)(d), C.R.S., did determine at a public meeting held in the Chambers of the Board, that a certain parcel of land, to be divided into two parcels, as shown on the plat known as Recorded Exemption #2841, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land", and WHEREAS, the request for Recorded Exemption #2841 was submitted by Shultz Farm, Inc., do Todd Hodges Design, 2412 Denby Court, Fort Collins, Colorado 80526, for property which is located in part of the E1/2 of Section 30, 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 91 acres and 10 acres. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove described parcel of land be, and hereby is, exempt from the definition of the terms, "subdivision" and "subdivided land". BE IT FURTHER RESOLVED by the Board that Recorded Exemption #2841 by Shultz Farm, Inc. be, and hereby is, approved conditional upon the following: 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2. Prior to recording the plat: A. Lots A and B shall utilize and share the existing residential/agricultural/oil and gas/ditch road access points necessary for agricultural operations. No circle drives or additional accesses shall be granted. In accordance with Section 10.5.10 of the Weld County Subdivision Ordinance, the minimum width of a flagpole lot is 30 feet. B. A 30-foot wide joint access easement extending across Lot A from Weld County Road 15, for the benefit of both Lots A and B, shall be clearly shown on the plat. The joint access easement shall be dedicated for the use as shown utilizing the language set forth in Section 11.7.1.12.5 of the Weld County Subdivision Ordinance. This easement shall be graded and drained to provide all weather access. BO .' '1)'i/ Pi'L 2000-3218 RE2841 RE #2841 - SHULTZ FARM, INC. PAGE 2 C. The applicant shall submit to the Department of Planning Services a recorded copy of an access agreement signed by all owners of property which is crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorder's reception number. D. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved access point. If a drainage culvert is required, a 15-inch CMP is the County minimum size. If the applicant chooses to place a larger culvert, he shall contact the Department of Public Works to adequately size the culvert. E. Weld County Road 15 is designated on the 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 13 shall be delineated 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 a referral response received September 6, 2000. Evidence of such shall be submitted in writing to the Department of Planning Services. G. The following notes shall be placed on the plat: 1) All proposed or existing structures will meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County 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 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 this ordinance, pursuant to 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 for the building permit shall be required to submit to the Department of Planning Services, evidence that the lots have an adequate water supply of sufficient quality, quantity and dependability. 2000-3218 RE2841 RE #2841 - SHULTZ FARM, INC. PAGE 3 4) Prior to the release of building permits, the applicant will be required to submit a recorded deed describing the lot upon which the building permit is requested. The legal description on such deed shall include the lot designation and recorded exemption number. 5) Should noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Ordinance #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) 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. 8) The text of the Right to Farm Covenant, as stated in the Weld County Comprehensive Plan, effective October 31, 2000. H. The boundaries of Lot B shall be drawn on the plat to include the approximately 3 acres located north of the Farmers Extension Ditch and south of the Great Western Railroad right-of-way which was originally included as part of Lot B of RE #2842. The boundaries of Lot A shall be drawn on the plat such that Lot A includes a total of 10 acres with the western boundary of Lot A being moved eastward to allow for an additional approximately 3 acres to be added to Lot A of RE #2842. 3. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 11.7 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty (60) days from the date of approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fees. 2000-3218 RE2841 • • RE #2841 - SHULTZ FARM, INC. PAGE 4 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of December, A.D., 2000. BOARD OF COUNTY COMMISSIONERS W LD COUNTY, COLO ADO E ` - ,\ ✓Barbara J. K meyer, Chair I CConty QItr o e Board ��yei ;Z�y�/, J. le, ro-Tern t l the Board -r eorge . Baxter PRO D AS T ORM: - Da a K. Hall ounty Attorne {/,/ Glenn Vaad - 2000-3218 RE2841 DEPARTMENT OF PLANNING SERVICES SUBDIVISION EXEMPTION ADMINISTRATIVE REVIEW PLANNER: Chris Gathman HEARING DATE: December 20, 2000 CASE NUMBER: RE-2838, 3-Lot Recorded Exemption, Total Acreage is 160 Acres, Proposed Lot A is 3 Acres, Proposed Lot B is 20 Acres, Proposed Lot C is 134.5 Acres; SE-840, Subdivision exemption to divide off existing improvements in conjunction with RE-2838, Proposed SE lot is 2.5 acres; RE-2840, 3-Lot Recorded Exemption, Total Acreage is 160 Acres, Proposed Lot A is 5 Acres, Proposed Lot B is 25 Acres, Proposed Lot C is 130 Acres; RE-2841, 2-Lot Recorded Exemption, Total Acreage is 101 Acres, Proposed Lot A is 10 Acres, Proposed Lot B is 91 Acres; RE-2842, 2-Lot Recorded Exemption, Total Acreage is 80 Acres, Proposed Lot A is 16 Acres, Proposed Lot B is 64 Acres; APPLICANT: Shultz Farm, Inc. (C/O Todd Hodges Design, LLC) ADDRESS: 21475 Weld County Road 19, Milliken, CO 80543 REQUEST: Recorded Exemption LEGAL DESCRIPTION: RE-2838 (Part of SW4 30-4-67 & Part of NW4 31-4-67) SE-840 (Part of SW4 30-4-67) RE-2840 (Part of NW4, NE4, SW4, & SE4 30-4-67) RE-2841 (Part of E2 30-4-67) RE-2842 (Part of SW4 30-4-67 & Part of NW4 31-4-67) PARCEL NUMBERS: 1059-30-000005, 1059-31-000036 PARCEL SIZE: (See Above) ZONE DISTRICT: Agricultural WATER SOURCE: Little Thompson Water District SEWER SOURCE: Septic systems The Department of Planning Services' staff has reviewed this request and is recommending denial for the following reasons: 1. The Department of Planning Services'staff has concerns that the applicant has not shown compliance with Sections 11.4.2 of the Weld County Subdivision Ordinance, as follows: A. Section 11.4.2.2- Compatibility with existing surrounding land uses. The total number of lots created through the subdivision exemption process (11)is considered urban-scale development. A.Goal 3 of the Weld County Comprehensive plan states: "Discourage urban-scale residential, commercial, and industrial development which is not located adjacent to existing incorporated municipalities." A.Policy 3 of the Weld County Comprehensive Plan states that this is"intended to minimize the incompatibilities that occur between uses in the agricultural district and districts that allow urban-type uses." i i B. Consistency with the intent of the zone district the recorded exemption is located within as expressed in the Weld County Zoning Ordinance. Section 31.1 of the Weld County Zoning Ordinance states"Agriculture in the COUNTY is a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected business, industrial and residential land uses. The A (Agricultural) District is established to maintain and promote agriculture as an essential feature of the county. The A (Agricultural) District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production without the interference of other, incompatible land uses. The Recorded Exemption process does not require the applicant to provide the same services that a subdivision process would require. The applicant is not required to provide an internal road system or any other requirements of a subdivision. There is also no public process involved in which neighboring properties can comment on the proposed land division. The recorded exemptions are proposed on prime agricultural land. The number of recorded exemption lots(10)proposed in a non-urban area is considerable and has the potential to considerably impact agricultural uses in the area by taking land out of production. C. Section 11.4.2.4-Consistency with the purpose of efficient and orderly development as expressed in Section 11.8 of this Ordinance. 1) Section 1.3.1 - Assisting Orderly and Integrated Development. A.Goal 3 of the Weld County Comprehensive Plan states: "Discourage urban-scale residential, commercial, and industrial development which is not located adjacent to existing incorporated municipalities." The number of recorded exemptions proposed would create an urban scale development located outside of an urban growth boundary. Further,the recorded exemption procedure does not contain all of the requirements of a regular subdivision process which help to address the additional impacts of urban scale development. 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 created by multiple recorded exemptions. 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. The Recorded Exemption process is not intended to be used in place of the subdivision process when the approval of the recorded exemptions will create an urban scale development. 4) Section 1.3.7-Safeguarding the interests of the public, the homeowner, and the subdivider. (See above Sections) 5)Section 1.3.8-Securing equitable handling of all subdivision plans by providing uniform procedures and standards. (See above sections) 6) Section 1.3.10 - Preserving agricultural land and promoting its most productive agrarian use. The proposed recorded exemptions would effectively take 79 acres out of future agricultural production. This acreage is the total amount of acreage designated as Lot A and/or B for Recorded Exemptions 2838, 2840, 2841 and 2842. D. 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 180, as amended. The proposed recorded exemption configuration of RE-2841 would create an island lot(Lot A). Lot A would use an existing agricultural unimproved road for access. The proposed recorded exemption configuration of Lot A of RE-2842 would also be an island lot. Legal access would be provided through an access easement. Planning staff has concerns that these access arrangements may cause future problems when these lots are sold outside of the family. Section 10.5.10 of Weld County Subdivision Ordinance states: "A flag lot configuration shall be avoided when possible." The minimum width of a flag lot appendage shall be thirty(30) feet."These lots do not meet the minimum standards of a flag lot because they do not border the public right- of-way (Weld County Road 15 and Weld County Road 13). Shultz Recorded Exemptions recommendations 2 • • E. 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 proposed recorded exemptions do in fact evade the statement of purpose as set forth in Section 1.3 of the Subdivision ordinance for all of the reasons stated previously. Should the Board of County Commissioners approve this request, the Department of Planning Services' staff recommends the following conditions be attached: (Condition 1 applies to all of the proposed recorded exemptions and the subdivision exemption) 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. RE-2838 Conditions of Approval: 2. Prior to recording the plat: A. The applicant shall submit evidence to the Department of Planning Services 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 for the residence to be located on the largest parcel of this application. 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 the required septic permit. 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. The northern lot boundary of proposed Lot B shall be adjusted to incorporated the existing agricultural access next to the Farmer's Extension Ditch within the boundaries of Lot B. C. Lot C shall utilize the existing residential /agricultural /oil and gas/ ditch road access points necessary for agricultural operations. No circle drives or additional accesses shall be granted. D. No new residential accesses shall be allowed onto Weld County Road 13. Lot A shall share an access point already in existence. Access to new parcels may be obtained by a mutual reciprocal easement across the involved parcels to connect with existing points of access or by connection to adjacent to non-arterial roadways. E. A 30-foot wide joint access easement extending across Lot C from Weld County Road 13, for the benefit of Lots A and C and the subdivision exemption lot (SE-840), shall be clearly shown on the plat. The joint access easement shall be dedicated for the use as shown utilizing the language set forth in Section 11.7.1.12.5 of the Weld County Subdivision Ordinance. This easement shall be graded and drained to provide all weather access. 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 access point. If a drainage culvert is required, a 15-inch CMP is the County minimum size. If the applicant chooses to place a larger culvert, please contact the Department of Public Works to adequately size the culvert. Shultz Recorded Exemptions recommendations 3 • • G. The applicant shall submit to the Department of Planning Services a recorded copy of an access agreement signed by all owners of property which is crossed by the access.The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number. H. Weld County Road 13 is designated on the Transportation Plan Map as a arterial status road, which requires 100 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 50 feet from the centerline of Weld County Road 13 shall be delineated on the plat as right-of-way reservation for future expansion of Weld County Road 13. This road is maintained by Weld County. The applicant shall address the requirements of Weld County School District RE-5J as stated in a referral response received September 6, 2000. Evidence of such shall be submitted in writing to the Department of Planning Services. 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 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 this ordinance, pursuant to the Weld County Zoning Ordinance. (Ordinance 89, as amended) 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 for the building permit shall be required to submit to the Department of Planning Services, evidence that the lots have an adequate water supply of sufficient quality, quantity and dependability. 4) Prior to the release of building permits, the applicant will be required to submit a recorded deed describing the lot upon which the building permit is requested with the building permit application. The legal description on such deed shall include the Lot designation and recorded exemption number. 5) Should noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Ordinance 169A. 6) SE-840 was approved in conjunction with this recorded exemption for the purpose of dividing off a second set of existing improvements from the parcel. 7) 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. Shultz Recorded Exemptions recommendations 4 • • 8) 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. 9) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural counties in the United States, ranking fifth in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 3,700 miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient that urban dwellers. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. Shultz Recorded Exemptions recommendations 5 • • 3. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 11.7 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty (60) days from the date of approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fees. 4. The Board of County Commissioners approval of this recorded exemption is based upon satisfying the above conditions. SE-840 Conditions of Approval: 2. Prior to recording the plat: A. The applicant shall submit evidence to the Department of Planning Services 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 for the residence to be located on the largest parcel of this application. 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 the required septic permit. 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. The subdivision exemption lot shall utilize the existing residential /agricultural /oil and gas/ditch road access points necessary for agricultural operations. No circle drives or additional accesses shall be granted. C. A 30-foot wide joint access easement extending across Lot C from Weld County Road 13, for the benefit of Lots A, C and the subdivision exemption lot (SE-840), shall be clearly shown on the plat. The joint access easement shall be dedicated for the use as shown utilizing the language set forth in Section 11.7.1.12.5 of the Weld County Subdivision Ordinance. This easement shall be graded and drained to provide all weather access. D. The applicant shall submit to the Department of Planning Services a recorded copy of an access agreement signed by all owners of property which is crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number. E. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved access point. If a drainage culvert is required, a 15-inch CMP is the County minimum size. If the applicant chooses to place a larger culvert, please contact the Department of Public Works to adequately size the culvert. F. Weld County Road 13 is designated on the Transportation Plan Map as a arterial status road, which requires 100 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 50 feet from the centerline of Weld County Road 13 shall be delineated on the plat as right-of-way reservation for future expansion of Weld County Road 13. This road is maintained by Weld County. G. The following notes shall be placed on the plat: Shultz Recorded Exemptions recommendations 6 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 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 this ordinance, pursuant to the Weld County Zoning Ordinance. (Ordinance 89, as amended) 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 for the building permit shall be required to submit to the Department of Planning Services, evidence that the lots have an adequate water supply of sufficient quality, quantity and dependability. 4) Prior to the release of building permits, the applicant will be required to submit a recorded deed describing the lot upon which the building permit is requested with the building permit application. The legal description on such deed shall include the Lot designation and recorded exemption number. 5) Should noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Ordinance 169A. 6) 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. Shultz Recorded Exemptions recommendations 7 Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 3,700 miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient that urban dwellers. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. 3. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 11.7 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty (60) days from the date of approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fees. 4. The Board of County Commissioners approval of this recorded exemption is based upon satisfying the above conditions. Shultz Recorded Exemptions recommendations 8 RE-2840 Conditions of Approval: 2. Prior to recording the plat: A. In accordance with Weld County Department of Public Works Ordinance #180, Lots A and C shall be granted one residential/agricultural access. Direct access from a public road shall be limited to one access per legal parcel for residential use, no circle drives or additional accesses shall be granted. Access will be placed in such a location as to have adequate sight distance in both directions and not below the crest of a hill or where physical obstructions are present. This access shall be a minimum of 75 feet from any intersecting County or State roadways. No new private residential accesses shall be allowed onto Weld County 13. Lot C shall access onto Weld County Road 42. B. Lots B and C shall utilize the existing agricultural /oil and gas/ ditch road access points necessary for agricultural operations. No circle drives or additional accesses shall be granted. 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 access point. If a drainage culvert is required, a 15-inch CMP is the County minimum size. If the applicant chooses to place a larger culvert, please contact the Department of Public Works to adequately size the culvert. D. Weld County Road 13 is designated on the Transportation Plan Map as a arterial status road, which requires 100 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 50 feet from the centerline of Weld County Road 13 shall be delineated on the plat as right-of-way reservation for future expansion of Weld County Road 13. This road is maintained by Weld County. E. Weld County Road 42 is designated on the 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 42 shall be delineated on the plat. This road is maintained by Weld County. D. The applicants shall address the requirements of the Weld County School District RE-5J as stated in a referral response received September 5, 2000. Evidence of such shall be submitted in writing to the Department of Planning Services. E. 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 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 this ordinance, pursuant to the Weld County Zoning Ordinance. (Ordinance 89, as amended) 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. Shultz Recorded Exemptions recommendations 9 s • 3) Prior to the release of building permits, the applicant for the building permit shall be required to submit to the Department of Planning Services, evidence that the lots have an adequate water supply of sufficient quality, quantity and dependability. 4) Prior to the release of building permits, the applicant will be required to submit a recorded deed describing the lot upon which the building permit is requested with the building permit application. The legal description on such deed shall include the Lot designation and recorded exemption number. 5) Should noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to 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) 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. 8) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural counties in the United States, ranking fifth in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 3,700 miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same Shultz Recorded Exemptions recommendations 10 kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient that urban dwellers. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. 3. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 11.7 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty (60) days from the date of approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fees. 4. The Board of County Commissioners approval of this recorded exemption is based upon satisfying the above conditions. Shultz Recorded Exemptions recommendations 11 RE-2841 Conditions of Approval: 2. Prior to recording the plat: A. Lots A and B shall utilize the existing agricultural /oil and gas/ditch road access points necessary for agricultural operations. No circle drives or additional accesses shall be granted. B. Lots A and B shall share a joint residential access point. C. A 30-foot wide joint access easement extending across Lot B from Weld County Road 15, for the benefit of both Lots A and B, shall be clearly shown on the plat. The joint access easement shall be dedicated for the use as shown utilizing the language set forth in Section 11.7.1.12.5 of the Weld County Subdivision Ordinance. This easement shall be graded and drained to provide all weather access. D. The internal road(s) shall enter onto WCR 13 at a 90-degree angle, for a minimum of one vehicle length, to provide adequate sight distance in both directions. E. The applicant shall submit to the Department of Planning Services a recorded copy of an access agreement signed by all owners of property which is crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number. 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 access point. If a drainage culvert is required, a 15-inch CMP is the County minimum size. If the applicant chooses to place a larger culvert, please contact the Department of Public Works to adequately size the culvert. G. Weld County Road 15 is designated on the 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 13 shall be delineated on the plat. This road is maintained by Weld County. H. The applicant shall address the requirements of the Weld County School District RE-5J as stated in a referral response received September 6, 2000. Evidence of such shall be submitted in writing to the Department of Planning Services. 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 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 this ordinance, pursuant to the Weld County Zoning Ordinance. (Ordinance 89, as amended) Shultz Recorded Exemptions recommendations 12 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 for the building permit shall be required to submit to the Department of Planning Services, evidence that the lots have an adequate water supply of sufficient quality, quantity and dependability. 4) Prior to the release of building permits, the applicant will be required to submit a recorded deed describing the lot upon which the building permit is requested with the building permit application. The legal description on such deed shall include the Lot designation and recorded exemption number. 5) Should noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to 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) 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. 8) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural counties in the United States, ranking fifth in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 3,700 miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be Shultz Recorded Exemptions recommendations 13 traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient that urban dwellers. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. 3. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 11.7 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty (60) days from the date of approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fees. 4. The Board of County Commissioners approval of this recorded exemption is based upon satisfying the above conditions. Shultz Recorded Exemptions recommendations 14 RE-2842 Conditions of Approval: 2. Prior to recording the plat: A. Lots A and B shall utilize the existing residential /agricultural /oil and gas/ ditch road access points necessary for agricultural operations. No circle drives or additional accesses shall be granted. B. A 30-foot wide joint access easement extending across Lot B from Weld County Road 13, for the benefit of both Lots A and B, shall be clearly shown on the plat. The joint access easement shall be dedicated for the use as shown utilizing the language set forth in Section 11.7.1.12.5 of the Weld County Subdivision Ordinance. This easement shall be graded and drained to provide all weather access. C. The applicant shall submit to the Department of Planning Services a recorded copy of an access agreement signed by all owners of property which is crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number. D. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved access point. If a drainage culvert is required, a 15-inch CMP is the County minimum size. If the applicant chooses to place a larger culvert, please contact the Department of Public Works to adequately size the culvert. E. Weld County Road 13 is designated on the Transportation Plan Map as an arterial status road, which requires 100 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 13 shall be delineated on the plat as right-of-way reservation for future expansion of Weld County Road 13. This road is maintained by Weld County. F. The applicants shall address the requirements of the Weld County School District RE-5J as stated in a referral response received September 5, 2000. Evidence of such shall be submitted in writing to the Department of Planning Services. 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 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 this ordinance, pursuant to the Weld County Zoning Ordinance. (Ordinance 89, as amended) 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 for the building permit shall be required to submit to the Department of Planning Services, evidence that the lots have an adequate water supply of sufficient quality, quantity and dependability. Shultz Recorded Exemptions recommendations 15 4) Prior to the release of building permits, the applicant will be required to submit a recorded deed describing the lot upon which the building permit is requested with the building permit application. The legal description on such deed shall include the Lot designation and recorded exemption number. 5) Should noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Ordinance 169A. 6) Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of the Recorded Exemption process. Approval of this Recorded Exemption does not guarantee approval of future applications on adjacent properties. 7) 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. 8) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural counties in the United States, ranking fifth in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware)with more than 3,700 miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient that urban dwellers. Shultz Recorded Exemptions recommendations 16 Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. 3. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 11.7 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty(60) days from the date of approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fees. 4. The Board of County Commissioners approval of this recorded exemption is based upon satisfying the above conditions. Shultz Recorded Exemptions recommendations 17 • WELD COUNTY SCHOOL DISTRICT No. Re - 5J tc t1t 4 3 NORTH JAY AVENUE JOHNSTOWN, CO 80534 O -`1"kz,. Weld County Planning Dept. s DR.JACK E. PENDAR ✓ S ��/ SUPERINTENDENT SEP 06 2000 ° ; Phone (970)587-2336 ' Fax (970)587-2607 RECEIVED ,0 Septemberl, 2000 Weld County Planning Department 1400 N. 17th Avenue Greeley. CO 80631 Thank you for referring case numbers RE-2838 and RE-2841 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, / /Jack E. Pendar ISuperintendent c ((c - 'J • (ita DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1555 N. 17th Avenue, Greeley, CO 80631 WEBSITE: www.co.weld.co.us IPhone (970) 353-6100, Ext. 3540 WI I D Ci Fax (970) 304-6498 COLORADO December 18, 2000 Shultz Farm, Inc. C/O Todd Hodges Todd Hodges Design, LLC 2412 Denby Court Fort Collins, CO 80526 Subject: Recorded Exemptions 2838, 2840, 2841 & 2842 and Subdivision Exemption 840 Legal Description: Part of SE4, SW4, NE4 & NE4 of Section 30 and part of NW4 of Section 31, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado Dear Mr. Hodges: This letter is to inform you that the above referenced Recorded Exemption has been reviewed by the Department of Planning Services and it has been determined that the application does not meet the standards of Section 11.4.2 of the Weld County Subdivision Ordinance. This application is scheduled before the Board of County Commissioners on Wednesday, December 20, 2000 at 9:00 a.m. The Board of County Commissioners meet at the Centennial Center, located at 915 10th Street, on the first floor. The staff recommendation will be available twenty-four hours prior to the public hearing. If you need any further information, please feel free to contact me at the above address, telephone number or e- mail address. Sincerely, Chris Gathman, Planner 0 DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1555 N. 17th Avenue, Greeley, CO 80631 oneI7www 100, Ex. 3540 Phone (970) 353-6100, Ext. 3540 • Fax (970) 304-6498 COLORADO December 18, 2000 Board of County Commissioners Weld County Centennial Center 915 10th Street Greeley, CO 80631 Subject: Recorded Exemptions #2838, 2840, 2841 & 2842 and Subdivision Exemption 840 Dear Commissioners: Shultz Farm, Inc. has requested four Recorded Exemptions and a subdivision exemption to occur on part of the of the NE4, NW4, SE4 and SW4 of Section 30 and part of the NW4 of Section 31, Township 4, Range 67. The parcels are located south of and adjacent to Weld County Road 42, %2 mile north of Weld County Road 38, west of and adjacent to Weld County Road 15 and east of and adjacent to Weld County Road 13. The total acreage involved in these recorded exemptions and subdivision exemptions is 503.5 acres. There is an existing residence located on the proposed subdivision exemption lot and an existing residence located on Lot C of proposed Recorded Exemption 2838. The proposed recorded exemptions and subdivision exemption, if approved, would create a total of 11 lots located outside of an urban growth boundary. A.Goal 3 of the Weld County Comprehensive plan states: "Discourage urban-scale residential, commercial, and industrial development which is not located adjacent to existing incorporated municipalities." The proposal does not appear to be consistent with the intent of the Agricultural Zone District. Section 31.1 of the Weld County Zoning Ordinance states "Agriculture in the County is a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected business, industrial and residential land uses. The A (Agricultural) District is established to maintain and promote agriculture as an essential feature of the County." The proposal, if approved, would take approximately 79 acres of prime farmground out of production. Additionally, the recorded exemption process does not require the applicant to provide the same services that subdivisions require. As an example, applicants are not required an internal access that meets county standards and a drainage report is not required to address impacts created by water runoff from multiple residential lots. There is also no public process involved in the recorded exemption process to allow neighboring land owners to comment on the potential impacts of these proposed uses. • The applicants have not demonstrated that an adequate legal access exists for all proposed lots to a public road. The proposed configuration of Lot A of Recorded Exemption 2841 and Lot A of Recorded Exemption 2842 would create two island lots with no deeded access to public right-of-way. Section 10.5.10 of the Weld County Subdivision Ordinance states: "A flag lot configuration shall be avoided when possible." There are no provisions in the Weld County Subdivision Ordinance for the allowance of island lots. For these reasons Planning staff believes that the proposed recorded exemptions evade the statement of purpose as set forth in Section 1.3 of the Weld County Subdivision Ordinance. Planning staff believes that the applications are not in compliance with Section 11.4.2 of the Weld County Subdivision Ordinance. For this reason we are requesting the case be reviewed by the Board of County Commissioners. The Department of Planning Services' staff requests that the Board of County Commissioners consider the application and determine if the standards of Sections 11.2 through 11.8 of the Weld County Subdivision Ordinance have been met and adhere to the goals and policies of the Weld County Comprehensive Plan. Sincerely, Chris Gathman Planner • • giE - 1 r. r. item Comments Check Proper size of plat 24"X 36" or 13"X 24" Boundaries of Lot(s) Seale Suitable Scale? (Approx. 1"=200'or 1"=100') {":1400\ Access indicated Shared achcess?‘ If so,is Easement Certificate included? Roads labeled, including R.O.W. Building Envelope(s) O1 `,'avcl?c o �`� "' bl Vicinity Map Suitable Scale? (Approx. l"=2000'); Not on SE �J North Arrow Legal Description Notes from Planner/ Development Standards Conditions Of Approval c3) LoOC completed? IIN_ L.Ut 11_ Owner's Certificate Notarial Certificate included? If deed indicates two owners,have both signed the plat? Surveyor's Certificate, All surveyed plat ✓ Surveyor's stamp Note: (JSR plats do not need to be surveyed Director of Planning Certificate Notarial Certificate included? (RE,SE.SPR,Final PUD. if Staff Approved) NIA Planning Commission Certificate (USR's, COZ,) /A Board Certificate (USR's.COZ, Final PUD but not if it was Staff approved) r / ,.<7.. )4660 "RE, SE&ZP:MH.if Board approved. Typical Road Cross Section If a COZ, Final PUD N 1A Easements If Final PUD l IA- Please return the plat to CAD Tech. within 24 hours of receiving the plat. Planner On Cali: (Initials) Planner Sienature: Date: FIELD CHECK inspection date: CASE NUMBER: r - Z -3"I � APPLICANT: SVW \ F , Sic, LEGAL DESCRIPTION: Pi-. E 17z - (07 LOCATION:vof and adjacent to Weld County Road IS ; "c; cdC�' q?- Zoning Land Use N A (Agricutural) N A CGrc(>\renna) E A (Agricultural) E Ay S A (Agricultural) S A9 s 5.M+: y -M5it9cQ w� ct. t' W A (Agricultural) w Aci /lr,'plC ' ) k%vy6 F �„;)y are5-k go w "N COMMENTS: ) , I O ; \ Znc u� 11-1 Sol ILA c p CM,f ��II rc,��. Tt, ,+ • MRior, ' Cr s -;, I0,. ,v, (et oc ,d Chris Gathman, Current Planner •afr • I ( APPLICATION FLOW SHEET WEL�� COLORADO APPLICANT: Shultz Farm, Inc. CASE#: RE-2841 REQUEST: 2-Lot Recorded Exemption LEGAL: Pt. of E1/2 of 30-4-67 LOCATION: West of and adjacent to WCR 15, Approx. 1/2 mile South of WCR 42 PARCEL ID #: 1059-30-000005 ACRES: +/- 101 Acres Date By Application Received 8/23/00 SL Application Completed 8/23/00 SL Referrals listed 8/28/00 CG Design Review Meeting (PUD) File assembled 7 Letter to applicant mailed / T //�0 Referrals mailed ), „/,,:j ( f G V Chaindexed /^O/c \j/ Vicinity map prepared l Field check by DPS staff 1o/rZlco ,`\ Administrative Review decision: Boars (D/ZO(0O Date By County Commisioners Hearing Date (if applicable) j 2/20/00 C,% Surrounding property owners notified Air photo and maps prepared CC action: j?—/zo/o 0 — A Qwo`"— CC resolution received Recorded on maps and filed o'-//-,,7E'0/ Overlay Districts Road Impact Fee Area: Zoning A Yes No_X_ Airport Yes No_X_ SW Weld #1 #2 #3 Geologic Yes No_X_ Windsor Flood Hazard Yes NoX_ Panel #080266-0750C A Todd Hodges Design, LLC Recorded Exemption Application Pt. E %2 30-04-G7 Prepared for: Shultz Farm, Inc. 2 1475 WCR 19 Milliken, Colorado 80543 Prepared by: Todd hodges Design, LLC 24 12 Denby Court Fort Collins, Colorado 80526 Submitted: August 23, 2000 2412 i)enkv Court • Fort Collins. Colorado 80526 • (970) 207-0272 email: toddh odgewlesigna earth link,net • • Todd Hodges Design, LLC Table of Contents 1. Recorded Exemption application sheet 2. Recorded Exemption Questionnaire 3. Weld County Road Access Information Sheet 4. Site Map 5. F.E.M.A. Community Panel 6. Soil Conservation Service — Soil Survey 7. Deed 8. Water Letter 9. Certificate of Conveyance 2412 Denby Court • Fort Collins. Colorado 80526 • (970) 207-0272 entail: toddhodgesdesign(a earthlink.net III • DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices, 1400 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 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: Pt. E '/2 Section 30-04-0 Total Acreage: 101 acres Zoning AG Parcel Number: 1059 30 000005 (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: Shultz Farm, Inc. Home Phone# Work Phone (970) 679-8841 Address: 21475 WCR 19 City/State/Zip Code Milliken, Colorado 80543 Applicant or Authorized Agent: TODD HODGES DESIGN, LLC c/o: 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 Exemption Water Source Little Thompson Water Dist. Little Thompson Water Dist. Little Thompson Water Dist. Type of Sewer Septic Septic NA i Proposed Use Ag/Res Ag/Res NA Acreage 91 acres, more or less 10 acres, more or less NA Existing Dwellings Yes or No No No NA Existing Dwellings Address (if applicable): Larger Parcel NA Smaller Parcel NA Smaller Parcel (applicable only for 3-lot Recorded Exemption) NA I hereby state that all statements, proposals, or plans submitted with this application are true and correct to the best of my knowledge. Rev: 1-27-97 Signature: Owner or Authorized Agent - Recorded Exemption Questionnaire 1. Water supply statements addressing the following: a. Domestic use; Domestic water is proposed from Little Thompson Water District. Attached is a copy of the "will-serve"letter from Mike Cook with the District. b. Irrigation water; Irrigation water will remain with Lot B. Ditch carrying rights may be transferred to Lot A for the ability to rent water. 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 applied for with any residential building permits. No septic systems exist on this site. 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 uses. Oil and gas facilities are located on the property and are delineated on the site map. There are no animal units located on the property at this time. The property is designated as "prime"farmland 4. The reason for the proposed recorded exemption with an explanation how each lot will be used. The purpose of this application is to split the less productive portion of the site from the remainder of the productive ground. Lots A and B will have the ability for the continued uses by right in the agricultural district. 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 at ten acres, Lot B is proposed at 91. The site is currently in production and through this proposal will allow for more productive use of the water on Lot B. See attached site map for the location of the lots. 6. A statement describing any unique physical characteristics on the site, if applicable. • • This site is bordered on the northwest by the Great Western Railroad and is split by the Farmers Extension Ditch. (See site map for locations of the railroad and ditch) 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 on Lot B. (See attached site map) 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 more efficiently use the water for Lot B. This proposal is not located within an Urban Growth Boundary area, as designated by Weld County, however is located within the referral boundaries of Berthoud, Johnstown, Mead and Milliken. 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. 11. A statement explaining how the proposed uses will be compatible with existing surrounding land uses. The existing surrounding land uses comprise of mainly large agricultural lots to the north, south, east and west. This proposal is very compatible with the existing surrounding land uses and the proposed uses within the growth areas of the Town of Johnstown and the Town of Milliken. 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 split will not take any truly "prime" agricultural land out of production and allows the property owner to split off the less desirable portion of the site. This proposal allows the site to continue in agricultural uses and passive open space. 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 no or little affect from the proposed split and allows the property owner to promote the sites most productive agrarian use. The proposed lots allows for continued passive open space for the benefit of the citizens of Weld County. This proposal utilizes planning tools such as the building envelope and shared access to ensure efficient and orderly development of this site. This proposal uses existing access points to the Weld County road system and proposes shared access. Water service is proposed through Little Thompson Water District and through this proposal up-grades to the system will benefit others in the area. 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. The review and conditional approval of this proposal will insure the health, safety, and general welfare of the residents of Weld County. • al RECORDED EXEMPTION NO. 1059-30-4-RE- 2841 x-60' ROAD ROW 80' ROW N00.48.70'p5'W 448 _ --30' ROAD ROW HOOK 73 C 1/4 SEC, 30 PAGE 242 'I. E 1/4 SEC. 30 NOT END OR SET END. 2 1/2' ALUM, CAP S88.12'46'E I IN RANGE BOX S88'12'46'E LS 10945 ,! 1309.10' !309.10' Jr q , 172T.— ` ,� C-E 1/16 CDR. SET NO. 6 x 30' Q. : REBAR W/ 2 1/2' �o 3 ALUM. CAP M-) ; 4114 CI b lip M P / z, a• rill. cu v. v 4, RE-2841 a N " SE 1/16 SEC. 30 0 N Kati 91065 to SET NO. 6 x 30' i 3 REBAR W/ 2 1/2' I , o .r ACRES ALUM, CAP [ ; , o m / A. S88'26'38'E \\' 0 • g 1305.80' x o o �}' FARMERS EXTENSION H `' DITCH 60' EASEMENT L6 / NO DOCUMENTATION -r'-' SEE NOTE 7 W L7 r` EXISTING L8 I OIL ' ROAD r ACCESS >' / ACCESS a. _- i, o. JO / PROPOSED o m y _ -3` BUILDING o 'N / �- �- C4 L4 EXISTING ROAD ENVELOPE c PROPOSED 30' _; i in C / 10 RE-?,841 _ ACCESS EASEMENT -- ��'ti a LOT A" .' FOR LOT A 4 B ; I .--� a a :0 J 10.00 t RE-2841 CI a3 _ .. ACRES I U & '� + /.. _. - - - S88.40'34'E 1680.54' l 3 r v 29 PROPOSED 30' - AG. 6 OIL ACCESS 3 32 - - ACCESS EASEMENT \ N88'40'34'W 227753' SE CDR. SEC. 30 FOR LOT A FND. 3 1/2' ALUM. RE-2842 N88.40'34'W 2605.07' CAP LS 7242, 1998 S 1/4 COR. SEC. 30 WCR 40 END. 3 1/4' ALUM. CAP LS 7242, 199B CURVE TABLE CURVE LENGTH RADIUS DELTA ANGLE TANGENT CHORD CHORD DIR Cl 57.40' 1145.00' 2'52'20' 28.71' 57.39' S77•41'40'V C2 48.43' 525.00' 5.17'06' 24.23' 48,41' S73'37'03'W C3 65.67' 99.20' _37.55'49' 34.09' 64,48' S53'59'00'W ; C4 46.15' 500.31' 5.17'06' _23.09' ,46.13' N73.37'03'E i N I RE - 2841 • • . ..!..-,, 11/44, t S • Al • , 1 { 11 ,' h , .. • �( /' S ' '.i I ' • I. 5 ', I 'y _,{, I \ . 1,! J h • ,41. . Ly Y+ ` • •^t•. •�t .{"• o :.� •. - , .it t •roil aw • •4 1ns r r� . a�{ � , O j It r;... / S r • C•,I + • I iiit k ��•.. - A,, . , Y • I k 1 • - • • ° o • ✓n r, t • . . . . I «� • r ' . , dAe r r" ' Sar SS f9 k.' 4 r r tl t . . ,'{ �. 40, : i • ri •I i J • Il.. I }TT * ±Ht .•\ 1998 Ll:Y' ,s. ` Photograph a. V rox. ., /eh • ;pp Scale 1 = 800' Sc SET 5 ', :AR , N00 8'59"E c 30.02 PLS 10945 ' / 1/2, NW 7/4 • c SW 1/4, t' 7/4 ~ ' ' C ! 4 COR SEC. 30 f vi t 1/4 Sx�W� [ I r�i 5Y F COP /" � SE7 2 r ile USA. / n W RANGE BOX NW 1/4 SEC. SC ' o P15 '0945 27 E 2.sal,u' �o , - — ___ - 1 SOUTH UNE NE 1/4 Sic 3D %7•d6'27'E�7a'- _1. f04 cr- 1 18 CDR. J// 1 ALUU ce �" CAP P1.5 10945 • /77 10 I AREA NW OF RAILROAD R.O.W. I Ot0 14,437.473 S0. FT. 331.4388 AC. how .� • ; rio cactuses HRL,RES.) J` Y;012 ~ O 7 \NI p I SW 1/4 SEC. 30 s Lai CY •;,. v.aS SE 1/16 CCR� s.- j tml /stT I72' A:1M SET 5 ' REBAR a ,n � N CAP PLS 10940 u �' { PLS 10845 s nII 7/ Lot Lot B ,�I S6T45'Ol•E 1284.15' j, V 7' / 91 acres ..012.141 it T / •� R. 114�0o M •4 •L 714 73 _ r.. 0 tedtalif4 R ' Nl2o i+ r , t n 4e..C 1 �_ 'L-~ -l//_,p x .� r ex. ag oil A n Ir �Ya r 1FAR1�1iSxTEtlS4N_ .%f 15hau / • DITCH 60' A 11�—NT �aG�Ge55 a • Lot A MO ooCVMFlI'AT10N 1Tct�tiY 3 �� %k >< niI O acres 30 1 a o� 1• AREA SOUTHEAST Proposed •• ,� c�a NMJPMlI K np ti t 12�t +[c , a RAILROAD R.O.W. r b a u MARCO a7 WILE /� /J CQ11!l144 7,903.105 so 1T. Building ;' Q cc...ANENT ` h 1/4 Colo C, 31 • o il W 1 'N0RMi4' FMtY / ti rouro 3 1 4• AUJ&4. 181 4349 AG of Rai MIS PUNT R" ,y CAP IS 74^42 (wcluoa's t Roo STRIP) Envelope T AR .,•� / k �JD r 15' _ i ,. ex. road NORTH U4E ni I/ SEC. 31 Pis (0945 i SEC S1 — /I NP. 55 .1.5 W Q3i2i.5' . • N8 '•55.33`W •r — / 9 12x'2.94' 7 v /! . 1/t6 C^A. sic 1 /�' col 2 iii Ai u. ex. ag a • +'j WI CAP Pts 1ob49 ex. road 1/ " • (proposed 3O' Fame 3 I J+4 ALUM. L. mgr ./ � access easement) cAP Ls 7242 / ns lows a / i Factifiti � It 45 ." our / ur tI /ge,,,- .71 tft:b." 4• 11 .1 HfWI1T R1SER!�' .- 706.31 BOC.C 207 PAGE 37 Site Map Pt . E % 30-04- 67 il -"1-vrer Tod H Design, LL o esC g Dam 201 Li 1 Hartford c - -- - - -- - Reservoir — — BUNYAN I C Ditch 30 # 29 p i In jU �P1 ' E`te .----._.(10 nV H/L � f=nrrTier, — :13 El I. - 51 to - - wcr 4O LAKE % .nr71r. pit Cl! . - 'Prs extension D CDam ,1 1 /' 32 J / / \, Dam • - \. i \ ; i f . E . M . A . Community — Panel 080266 0750 C Pt . E %2 Section 30 2412 Denby Ct • Fort Collins, Colorado 80526 • (970) 207-0272 •fax (561) 828-8059 email: toddhodgesdesign@earthlink.net t . tL 30.02 KS 10946 1 10 i N. fV 1/2, NW 1/4 SW1/4, Nt7/4 . • • '4 ccR w if� ' I '- C CR SEC. N�1' F.. 3.s 1 i n Pi RAN0C BOX NW 1/4 SEC. 30 i 1 g 1:13 10945 .271 natty / SCUD, UNE NF 1/4 Sic 30 /. —�vritiisa_, 2630. •- 1 / ALIAS 0 !• CAP PLS +0045 i N. Ni i AREA NN 01 RM.R0A0 R.O.W. eh 14.437.473 SC. FT. q 331.4368 AC. J c x (w&UOES HU RES.) R. QQQ"' f N I ,p'bi rlQ ll y / l. :A al* 042 b Isis � • zt.rni ety g SW 1/4 SEC. JO sr • St a CCR. St- t �v+1 i/ F: 5 1 &ow SET S a' i CAP S 109. k u Q KS 10945 13 // Lott iiS87.4 CO:'e 1284.15'IS 91 acresI i 6M7e.+ 11(11 q4� N •{ /�'...yR� ' It �'�.�Q -r r Wailn t. 4a.�1' .r `: 10 in (�(IAJfeVA r ex. ag/oII co a____° v .cA1'`s — 1 { ' FA i�T aGGCSS ~' Ce" Lot A NO OCCURS?J ON `* CY`o �� - .�I O acres 3 • , o Y Ant 1 I 1>.1a 4[c . a AREA S0UMAS7Proposed �, .n�tp��y7a� yys ' o II.�RMtAs1lRr . N 1 ♦ F eati,nN RAILROAD Building �; O al q 31 4 ALUM. Fnvelo Si .�a1 Ms .0.17 / 9- , CAP LS 72.2 181 4349 AC. (ruxuotS , Ra0 SCRIP) F'e T -I i- Ix.t� —30 :•� 1S' , , CX. road NOR 7M LINE 11k 7/4 SEG Jt Ply 109..5 _ SEC .31 aecesy' --S `�7y3'SJ'1r, 8G2se. 4 C4r i NO 77S),S"W c3T2�rS' —eat"' 12!l2.B{r� —�' u /% E 4h6 C sce / . // o Pl o Sift 2 1,1 ALUN. ex. road ex. ag ac CAP PIS !05:40 a (propose.d 3O' i1E COR. AU XS,31--- LSs a au / ') FOUND 3 1/4' A 1-.. access easement) CAP LS 7242 {i' Skpu icIrwi Sd is•r o /P . Ski l0ou400. reV: v,5 1tM: 'LS /M. % • /' Nord '•re' ` tit mar Scale: I "---6001 11..0 ' ' •70031 • — tn.lT Rf. i / BOOK 207 PAGE 37 Site Map Pt . E 1/2 30-04 - G7 es Desl _ n LLC o d lKi. V r ,..:::;:t - • �. I 38 ( 38 82 42 // 11 g3 t Bun HA • .� o RE 7. > : ,E r /• 34 r 1 Y 1 ✓..`I1 ,e • p` f _ 33 C V• .� ... 3Q �/J 33 29 s 42 iy -% ` .f..4:71,1'. P 4. / ` Y' ,,'• - - ro r .C. Mme. 44ir • • in ^r . site + - r:., , lF ' HILL L LAKE _ , N J 42 r l :Wale) go ,, \ 8 3 36 ( _ 83 82 = 32 C 4 1 NI1 Ativir, I , Illiiihh\IL\l's aills, . USDA Soil Conservation Service Soil Survey of Weld County, Colorado Southern Part — Sheet Number 13 Pt . E %2 Section 30 2412 Denby Ct. • Fort Collins, Colorado 80526 • (970) 207-0272 •fax (561) 828-8059 email: toddhodgesdesign earthlink.net RECORDED EXEMPTION NO. 1059-30-4-RE-2841 WELD COUNTY PLn RING SERVICE rvnrrE DESCRIPTION LOT A I) All proposed o ¢ or existing structures will meet the minimum setback and offset requirements A tract of land located in the Southeast One-Quarter (SE 1/4) of Section Thirty (30), Township Four '409 HIM IN IINh IIIIIIIIIII IIIIIIIIIIINII III IIII BLDPpvP,p County Ea lfl ordinance, She required setback „ measured from theon of setback particularly Sixty-seven T 567 West the 6th Principal Meridian, Weld County, Colorado being r the district in which the property is located Parsu nt to the definition riy more future I a. I OY14fL411 103u r Soldnow CO1 d 1 II 10.00 DDm Weld Bambw • No building or structure. as defined and limited to those occupancies listed as Groups A, B, Considering the south line of the Southeast One-Quarter (SE 1/4) of said Section Thirty (30) to bear Gn✓ E. H. I, N and R in Table 3-A of the 1997 Uniform Building Code, shall be constructed within North 80'40'34'West, and all bearings contained herein being relative thereto'. 06'952a 200-Foot radius of any tank battery or 150-foot radius of any wellhead Any construction within a 200-foot radius of any tank battery or 150-foot radiusof any wellhead shall require said Sec of the Southeast Corner of said Section Thin ty (30); thence along the southerly line of a r e from the terms of this ordinance, pursuant to the Weld County Zoning Ordinance. Section Thirty (30), North 8hts-of'Vest 2277.53 feet; thence. (L2) North 00'10'16' Vest, 2> Any future structures or uses on site must obtain the appropriate zoning and building permits. 536.71 feet to the southerly rights-of-way line of the s Extension Ditch, thence, along the / / southerly rights-of-way line of the Farmers Extension Ditch the following three (3) courses. / j 3) Prior to the release of building permits, the applicant for the building permit shall be required (13), North 7o•SB'30'East, 503.91 feet to a curve (Cd) bearing to the right, having a central / to submit to the Department of Planning Services, evidence that the lots hove an adequate water angle of 05'17'06' and a radius of 500.31 feet, the chord of which bears North 7ights-'East yl 1f60' ROAD ROW supply of sufficient quality, quantity and dependability. 46.13 feet; thence, (L4) North 7 thence,, 77.86 feet; thence leaving the said rights-of-way, / N00'o5 p5'W de Pr'lde to the release of building permits, the applicant x111 be required to submit a on o etl (f5), South Southeast 716.28 feet; South B8'40'irty (30);1680.54 feet to the east line 80' ROW 118]0 �F 1'--'30' ROAD ROW deed describing the lot upon which the building permit Is requested The legal description on such of the Southeast One-Quarter (SE 1/O of said Section Thirty thence. (LI). South GB•02'06'Ensl, C 1/4 SEC. 30 BOOK 73�/ r deed shall include the lot designation and recorded exemption number. 30.00 feet 20 the Point of Beginning. NOT END OR SET PAGE 242 E 1/4 SEC. 30 END, 2 1/2' ALUM. CAP 5) Should noxious weeds exist on the property, or become established as result of the The above-described tract contains 10.00 0 ¢s, more r less, including rights-of-way along the easterly S88'12 46'0 / I 1 IN RANGE BOX proposed development, the applicant/landowner shall be responsible for controlling the noxious side of sold tract for County Road 15 an LS 10945 weeds, pursuant Ordinance -A, to d along the southerly side for County Road 40, and Is subject 130910' / 58B•12'46T to 11169County. �.� as nay now exist or as recorded m the records of Weld 1309.10' 6) Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent / `\ of the Recorded Exemption z. Approval of this Recorded Exemption does not guarantee p0/ t approval of future applicationsions o on adjacent properties. DESCRIPTION OT B O C-E 1/16 [OR 3' SET NO. 6 30' 7) Any proposed to subdivision a de en[ to or Urban n ut infrastructure Recorded Exemption any be A the of land locatedOne - in the Northeast SW1/ ). One-Quarter (NE 1/4), the Southeast One-Quarter (SE 1/4). p REBAR V/ 2 1/2' considered to be urban scale FARM development. scale hemost productive may be required. and the Southwest One-Quarter (SW 1/4), of Section Thirty (J0), Township four (4) North. Range ALUM. CAP ISixty-seven (67) Vest of the 6th Principal Meridian, Weld County, Colorado being / 3 _ in WELD COUNTY'S RIGHT s, ranking TO Weld total is one ofvalue the ltal ducts said. counties W B more particNarly _ _ I I areas the United States, fifth in total spacious, but of are intensively used said cue rural described as / f Weld County may be open and they intensively used for agricultureC. 'S — Pesons a into rural area nust recognize and accept there ore drawbacks, North onsidpri'4 the south line of the Southeastcontained Onv-Quarter (SE 1/U of said Section Thirty 130) to bear 4 / andiCOndIncluding con fllCks j with longstanding agricultural practices and o lower level of services than in town. Along within 88'40'3d'V¢zt, and all bearings °ntainptl herein being relative thereto. 4R - I IN the drawbacks come the incentives which attract urban dwellers to relocate to rural area open f (Q-/ „l views. spaciousness, wildlife, lack of city noise and congestion, and the rural ntnosphere and way (30)Beginning at a point onhe the east line of the dS Section One-Quarter ($E 1/4) of said 0 02'077 Thirty FA 2 RE-2641 i m (30) whence the Southeast (SE) Corner of sold Section Thirty (30>bears. (LI), South 00'02'ornert 1 I of life. Without neighboring forms, those features which attract urban dwellers to rural Weld oi / LOT r2 SE 1/16 SEC. 30 County would quickly be forever. Section thence, (N30) andh •Sect'n Twenty-Nine w 128397 feet to the, North One-Sixteenth , 175.9 Corner of .y'> 9165 t SET NO, 6 30' z 1 I gone said t One po) Section ) Corn (29); thence, BB•26'3hence, 130S.W feet to / ) ACRES ALUM. CAP 2 1/2' • P Agricultural users of the land should not be expected to change their long-estnbllsetl agricultural the Southeast One-Sixteenth (SE 1/16) Corner of said Section Corner; ty thence. North 00'10'16'Vezt. iv practices to a ate the of urban users into a rural area. Well run lturol 1319.34 feet to the Center-East One-Sixteenth (C-E 1/16) Corner; thence, North 5'Vest / P> SBB•2 1 1ic farm activities re generate off-site impacts,st including noise field tr harvest, and equipment, slow moving or 4487along feet too point on the southeasterly rightsGreat y line of the Great Western Railroad; thence / PP BAs .88'E ? farm vehicles on neural roads; dust from e animal pens, work, harvest, and gravel roads, odor along the southeasterly rights-of-way line of the Great ; n Railroad N South J2'S6'33'.39 f q, 1305.80' g from animal confinement, gage, and manure smoke from ditch burnin ; flies and mosquitoes, the use 3361.52 feet; thence, (LIO>, North 503.9! 'East 96.36 het; thence, North right. 812.38 feet; g9 FARMERS ITCH60'EXTENSION ofBuseaerial spraying. Ditches and thence, (1.J). North 70' radius E of 503.91 feet to a curve (C4) bearing to the right hoeing a central `/ DITCH EASEMENT pesticides and fertilizers in the fields, includln the of N / NO DOCUMENTATION 1.6 - the reserviors cannot simply be out of the way or residential development without threatening angle of 05'17'06' and a 500.31 feet, the Chord of which bears North 16.20 feet; 46.13 feet; SEE NOTE 7 L7 _- the efficient delivery ofirrigation to fields which is essential to farm not ton thence, (1.0 North 7660.54 Eest 77.86 feet, thine (1.5) South ast One-Quarter 71628 feet thence, / Ct Section 35 102 CR.SSouth BB• Thirty 1680.54 feet to the tune of the Southeast One Quarter (SE 1/4) of said provides that an agricultural operation shall be found to be a public / EXISTING LB - - AG, & OIL or private nuisance if theagricultural lion alleged to be a nuisance employs methods or Section Thrty (30; and the P°mt of Beginning. ROAD ACCESS 31r r operaproduct n. ACCESS C2practces Nat acre carom::only o easanobly zsoc a[etl rMs oBr cultural / _,--.- ` obi �P sidestate of °[ saitl tract n countye R°otl IS antl ealong the the recd sltle for County ;Lady 40, tl iz subject / 1.9 L4 BUILDING el h more than 3,700 miles of and county roads outside enforcementof palltiIs based e sheet responses to rents-°[-ray as may now exist or as recorded In the records of Weld County. �. C4 PROPOSED ROAD ENVELOPE ; of the area to be served stretches available resources. Low is on responses PROPOSED 30' -I I to complaints more than on patrols of the county and the distances which be traveled nay delay C / Li l •' • RE-2041 ACCESS EASEMENT ----: H, all emergency responses, including law enforcement ambulance, and fine. Fire protection is usually �'- LOT Ar FOR LOT A B B zl grovel rav roads,by volunteers who must leave their jobs and families to respond to emergencies. County INGRESS/EGRESS EASEMENT AND/OR Ri being -WRY (30)FER feet wide, /-.,� T E' J 10.00 5 RE-2841 no matter how often they y are bladed, will not provide the same kind of surface H ACRES u �� expected from a paved road. Snow removal rprlorltlez neon that roads from subdivisions to An easement and/or rights-of-way, being Thirty (30) feet Title, ° over, and across Lot A, RE-2841, / b ° in favor of Lot A, RE-2842. Said easement and/°r rights-of-way is located in the South One-Half fi�. C N S8840'34'E 1680.54' 1 1 arterials may not be cleared for several day after not degree for several days after o major 3 ¢ Southeast One-Quarter <S 1/2 SW 1/4) and the Southeast One-Quarter Southwest One-Quarter (SE 1/4 pl 29 o snowstorm. Snow removal for roads within subdivisions ore of the lowest priorit for public works ✓/ — _.,1- 1 rc or may be the private responsibility of the homeomers. Services 'n rural areas, many cases, SW 1/u of Section Thirty (30), Township Four w North, Range Sixty Seven (6J) West of the 6th - - - - y 4 +_ feet al and n Weld County, Colorado. Said easements and/or rights-of-way is located Thirty (30) Till not be equivalent a t° n ncpal services. Rural dwellers must, by necessity, be more feet north contiguous with the south line of Lot A, RE 2841 and Lot A, RE 2842 thence along PROPOSED ]0' \ AG L OIL ACCESS self-sufficientenara than urban dwellers. 0 n om a ACCESS EASEMENT 3 32SE COP. SEC. 30 1 r northwesterly line from South One-Quarter (S 1/u Corner to a point Thirty (30) feet south of the FOR LOT A NB840'31•V 227753' ENO. 3 1/2' ALUM. Children are exposed to different hazards m the country than In an urban or suburban settings southwest property corner of Lot B, RE-284I RE-2842 NBB'l0'34'V 2605.07' CAP LS 7242, 1998 Form equipment and oil field equipment, ponds and Irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, poneenre vines, territorials farm dogs, S 1/4 CDR. SEC. 30 WC 40 and livestock present real threats to children. Controlling ames activities important not OWNER'S APPROVAL ENO. 3 1/4' ALUM. CAP only for thee safety, but also for the protection of the farmer's livelihood. Parents ore LS 7242, 1998 responsible for then children. I Ode), the undersigned, being the sole owners in fee of the above described his parcel(s) of land do hereby subdivide the same as shown on the attached nap. I (We) tand tfls pthe s> ; located In the Agriculture Zone Districtand is also intended to provide areas for the conduct of CURVE TABLE SURVEYOR NOTES, other a and uses by special review. (We) do hereby dedicate, for the benefit of the troct(s) CURVE LENGTH RADIUS ANGLE 071'TANGENT 39' CHORD DIR shown or¢described rhereon, easements and/or rights-of-way for the purposes shown or 1) All recorded easements and rights-of-way have not been researched by us or shown on dezcr;red p CI 57.40' 1145.00' 2'52'20' 2871' 5739' 577'37'0'W B Yqn. C2 48.43' 525.00' 5'17'06' 24.23' 48.41' 573'37'03'W this The easements in and/or rights-of-way to which nay be shown heron may not be complete, y.,,I /',.,. r � V /) �Ret.are based on eneral infarna[i0n, and ore t0 be used my in this context. The flight did n°< AttrZ1 "' „U�. b4 C3 65.67' 99.20' 3]55'49' 34.09' 6048' 253'59'00'3i request easements sH IARM, I C, STE /T UVNLR CO ) All r esand/or rights-of-way be on beyond those public dot meon the plat V C4 46J5' 500 31' 5.1]06' 23.09' 46.13' n73.3T03'C The foregoing certificate was acknowledged before me this (� day of/'1 �> N2) references to oder, pages. maps f reception numbers are documents on er9 ^B 9 ////J.-.Y AD., 200/ Li }� at the Clerk and Recorders Office of Weld County, State of Colorado unless stated atherrl9e. My Commission Expires - ^03 /) Ce 3) NOTI[E wing to Colorado low, must discovered commence any legal action based upon any defect -, such defect. In no any Notary Public. EV, M' p in this survey within three years after ryas, first event may \G actoh bend Lwn any eefeFe rinths so weer be commenceQ more tmn ten Teo^ from the dale Witness my Hand and sea. C pEGGY$OE`: n; LINE of the Alles F e oH3-80-105 C.R.S.> All and Associates, Inc and/orco K !n R. All s 11 t b I' M f th tM1 t Oi tM y na Nen only 'ter <F¢ LINE DIRECTION LENGTH CI t p¢ fl IIY n he O^ fl by B tl tllcr' t' AcceptanceTABLE and/zr use NIryTy fOHM1$5IONER'C fERTIFICAi �� 'OC Ooze c nz[tutez aereenent by !hp dent to a terms toted 'RD Of F E FOF S.° N 1.2 MO'10'16'V 536J1' - hereon. This Plot accepted and approved for f .. 24 1g 19 20 1.3 N70'58'30'E 503.91' dI BASIS OE BEARING Considering the zoum Ilne °f the y-Seven ( One-Quarter (SE 1/1) of 2 / - /^yam\ 25 ]0 L4 N76'15'30'E 7786' Sell, State (Col, Township four or North, '34' est, betwee ( ) Vest. 6 s.M„ of ,p • Li 30 29 L5 S00'10'16'E 716.28' Vela, i Cvrlgw , to bear ream 88'10'34' Vest ereto. monuments as shown on the C alp '° County Commissioner' o L6 379'07'25'17 76276' oat and ml beari-of-wayothecontained hereon belie relative thereto. a / « m VCR 42 T. a N. m L8 57615'38'W 362.69' 5l Tee h<s-of-.ay Gar the shown alol tee exterior of the s273 n shown an ATTEST: Clef ' 1'w 44/ L8 576'15'30'W 665.37' _ documented In the records of Weld County, Coloorado In Book 86, Pages 273 ono 274. doted Weld County Clerk °�/5'A'1 ..artl �r 1 1.9 S70'58'30'V 1321.28' 10/12/1889. Actual roads within <n¢ rights-0f-way shown nay °r nay not exist. _ �� / 2 p LIO MI'2TN'E 9636' r , . f \� .�/ 4- (©- to 6) This land survey plat is only valid if print has the original seal and signature of the surveyor 'Deputy et LII N32.53'47'E 27353' °f record. Y Cler of a �o� pate ®r u j■ f FND 7) Centerline of the Farmers Extension Ditch was taken from boundary and improvement su vey plat, CR Moore Land Surveying, Job No. 41-00, April 10, 2000. SURVEYOR'S fj RTlf lfgiE yt; ' I. Kenneth R. Allen, o Registered Professional Land Surveyor in the State 0f Colorado do hereby PART OF SECTIDN 30 25 30 29 ± SECTION CORNER certify that thlz description and the surveys thereof was prepared under my personal C] T. 4 N., R. 67 W., 6 P.M. 36 31 VCR 40 31 32 certify supervision, antl ghat this is rate all rese rul of the survey. 1 thither WELD COUNTY, COLORADO LOT •A• eon 1/16 & 1/4 CORNER certify that the survey and this plat f with applicable rules, reeulatians, and lows of q( the State or Colorado. State Board z tion for Professional Engineers and Professional o SET N0. 5 REBAR V/ Land Surveyors, to the best of n ,9 LOCATION MAP • 2' ALUM CAP flal`p SCALE, NTS PLS 9644. 2001 -J- /�j G y 'Y O' / ' C�U' Da/ ?raw Kenneth R. Ages, OIOrodo P.L.$ gr*r Q Da e i0, 116Ocu+1 SHEET NO. I OF I O Col' DATE ,NO. REVISIONS BY LKD zie AUG,AND ASSOCIATES,Ma Drown by' AN Dote, 07/13/01 SHULTZ FARM, INC. RECORDED EXEMPTION RE-2841 4zB N zoo ST, a squ2,co nobs 21475 VCR 19 PART OF E 1/2 SECTION 20, 7.4 N. R 67 W., 6 PAL TELe (970) Zed-9112 Checked' RAP Approved: KRA FAX, (970)284-9564 MILLIKEN, CO 80543 WELD COUNTY, COLORADO MAY-24-00 WED 07:49 AM WELD COUNTY PUBLIC W127 FAX:9703046497 PAGE I 0 RE's: IF-- Other Cu.No- . APPIND4(B WELD COUNTY ROAD ACCESS INXORMATION E t' WeldCow y Pt"Wad's Depedmant Dere: 1111 A Street,P.O.Box 758, Greeley,CO 80632 Phase: (970 p56-4000,ExL 3750 Pax: (970)304497 I Applicant Name 54o9 r-Mel, (W.— Phone (17O) 679—s&4I Address Al 4i' Wet" L Ciy MI Ill Kttl Stale Lo Zip &443 2. Address or location of moss NIA k Lot section 30 Trip O4 R 67 Subdivision I Weld county Raad a 1'>417 Side of Wad -,.-1-10-1 m from news intaa + I shire'-so l‘-2 r 3. Inhere en mining access o the property? Yes X No_ 9 of arad= S 4. Proposed ill lTran / v / Pemporan 0 �i�°� a Ca d }� Other Olt_/�eAS/�YIPrat ISAMU ❑ Temporary ❑ Subdivision ..LL +«... 5. Site Sketch * A , Legend for meta Daa¢ Oe: AGR * Agtfautaual RES - Rasideutisi _ - O&G= Or7d:Cal DA . Ditch Road I O . Home a = Shed arOutbuilding dear a im--- •I I- OPTICS U9 ONLY:Romd ADt Doe Accidents Dare Road ADT Date Acerdeeb Gass Drainage RKFirenent Cuhert Sae ungt Spinal Conditime - - ».e.eessesM•as n.seam eti+ O insWLtlonauthorized a Informationfnsufficieut Reviewed Br Tom: ereernerespeemfters 0 REFERRAL LIST • NAME: Shultz Farm, Inc. CASE NUMBER: RE-2841 REFERRALS SENT:August 28, 2000 REFERRALS TO BE RECEIVED BY: September 19, 2000 COUNTY TOWNS and CITIES _Attorney Ault _X Health Department _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 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 ditr Keenesburg Oil and Gas Conservation Commission Kersey Division of Wildlife: LaSalle Loveland Lochbuie Greeley Longmont Division of Minerals/Geology Mead FIRE DISTRICTS Milliken Ault F-1 New Raymer Berthoud F-2 Northglenn Briggsdale F-24 Nunn Brighton F-3 Pierce Eaton F-4 Platteville Fort Lupton F-5 Severance Galeton F-6 Thornton Hudson F-7 Windsor XJohnstown 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 XBig Thompson OTHER Fort Collins _X School District RE-5J Greeley _X Farmer's Extension Ditch Company Longmont XGreat Western Railroad West Adams p Weld County Referral C. COLORADO August 28, 2000 The Weld County Department of Planning Services has received the following item for review: Applicant Shultz Farm, Inc. Case Number RE-2841 Please Reply By September 19, 2000 Planner Chris Gathman Project Two-Lot Recorded Exemption Legal Part of the E2 of Section 30, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. Location West of and adjacent to WCR 15, approximately 1/2 mile south of WCR 42. For a more precise location, see legal. Parcel Number 1059 30 000005 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 Agency Date C•Weld County Planning Dept. 4.1555 N. 17th Ave. Greeley, CO. 80631 +(970)353-6100 ext.3540 •'x(970)304-6498 fax DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue 353-6611 00,0, , Ext. 83541 Phone (970) 353 E 3540 Fax (970) 304-6498 COLORADO August 28, 2000 Todd Hodges Design, LLC 2412 Denby Ct Ft. Collins, CO 80526 Subject: RE-2841 A Recorded Exemption located on a parcel of land described as Part of the E2 of Section 30, 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 and Johnstown Planning Commissions for their review and comments. It is recommended that you and/or a representative be in attendance at the Berthoud and Johnstown 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 and the Town of Johnstown at 970-587-4664, for further details regarding the date, time, and place of these meetings. If you have any questions concerning this matter, please call me. Sincerely, Chris Gathman, A.I.C.P. Planner Wi`PC. FAX TRANSMISSION COLORADO Weld County Department of Planning Services Fax: 970-304-6498 Phone: 970-353-6100, ext. 3540 I i TO: CV L Q.n-k c1}._ w FROM: (�,�nns (^-1°ALw1Ct.. DATE: 6/1z/o1 FAX#: (97O CAri- 31-2(5 PAGES: 5 ( I COUa3-- SUBJECT: g,'E 3622 Ce_ Ct� COMMENTS: CONFIDENTIAL This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged. confidential, and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent responsible for delivering the facsimile to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U.S. Postal Service. Thank you. Mitc,IN MEMORANDUM .y... • TO: Chris Gathman, Planner I DATE: Sept 23, 2002 ® FROM: Donald Carroll, Engineering Administrator A • SUBJECT: RE-2841 and RE-2842, Shultz Farm COLORADO RE-2841 One of my requirements was for the applicant to pursue a Non-Exclusive Right-of-Way Agreement for access where WCR 40 would be. In reviewing the County's right-of-way records, WCR 40 at this location does not exist. Therefore, the applicant has provided a 30-foot access easement to accommodate the building envelope for Lot B and access for Lot A. The access is from WCR 15. In case RE-2842, Lot A has an approved access from WCR 15 through the 30-foot access and easement agreement from RE-2841. Lot B has an approved existing 30-foot access easement through Lot B, RE-2838, from WCR 13. Both lots have approved 30-foot access easements from the previous cases. pc: RE-2842 and RE-2841 M:\planning\re-14.doc • • • LITTLE THOMPSON WATER DISTRICT Telephone(970}532-2096 DIRECTORS: 936 E.Highway 56 Try Drawer G °resident ,July 2 4., 2 0 0 0 Berthoud,Colorado 60613 Leo oohs rem CrW GanMoon Dean n Orson Care Anderson Such Carey J. James W.SVah MANAGER: RIC+ard H.H.fl tla Steve Shultz 21475 WCR 19 Milliken, CO 80543 Dear Mr. Shultz : This letter is in response to your request for a water service commitment for up to to additional residential lots, in the proposed subdivision described as follows : PORTIONS OF SEC.30,ead 7Q W. 1/4, SEC.31 T4N, R67W, -Weld County, CO Along WCR 42 @ WCR 13 The District provides water service within its service area as defined _by the _District . The provision of water service by extension of exist i r,g water lines of the District to the above property and the installation of taps for lots ip done under the terms- of the Rules- a and_ Regulations of the District established by the -Board of the Districtt -from time to time. You %ay obtain a copy of the Rules- and Regulations from the District . This letter outlines the provisions of the- mules and .RegulatiPns, however this letter dues nut chance- any provisions of the Rules and Regulations. The Euclid of the Li-strict may .alter and amend the Rules and Regulations at any time-, and the provisions of this letter are subject to altejation m amendment based on ranges in the Rules and Regulations of the District . We currently hate -a b" nia_ water line located along WCR 13 to WCR 42 with additional capacity available Therefore, we can commit to provide service to the above property, subject to the limitations in this letter, for one standard residential 5/8" X 3/4" water taper lot; end the following additional limitations on the provision of water service are: 0 I. In August cf 1991 the Little Thompson Board implemented a "system impac'." fee of .1fSD per lot fon all lots to be added to- the- sye-tem. This, is due upon completion of the main line ezision agreement . 2 . All improvements to nistrirt facilities required to provide service will be the finanrial responsibility of the developer 3.-n accordance with -the District Rules and Regulations. All improvements must conform to District Specifications . 3 . Little Thompson Water District requires the transfer of one share of Colorado- Brig Thompson water fors each lot in the commitment : The cost of -this water is subject to rebate from the tap fees pa:_d from the development . 4. The- installation of a. fire hydrant requires payment of a $2, 000 fire hydrant fee prior to LEinal approval of the subdivisions lines. You will be_ responsible for any improvements needed to meet the -required lire flows in your subdivision. 5 . In order to provide the required flows to the subdivision you will be- regiired to install a- minimum 6" Dia. Water line from The intersection of WCR 13 -and WCR 42 -south through your proposed subdivision. You may need to_ oversdze this line and /or loop the line back to the main -supply to meet any fire flow needs that the fire district requires . 6 . You will be required to provide the needed water lines in the proposed subdivision 7. The design, inatallatinn 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 nay be regnireA, 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 pnl4cy) . It would be wise to work with t-he other developer-s in the area to ensure that the water lines installed- would- be- s-ized to- meet the needs of both developments to reduce the amount of duplication an minimize future water tine replacement . The rules and regulations- regarding Developers transfer of water rights and purchase -af tapo 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 line -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 you to utilize the old policy until 1-October-2-OO.0 . You will need to execute a main line extension agreement and transfer the water by 1-October-2000 to ut:.lize the old policy for this development . This eummilmeuL letter will expire one year from the date of this letter if the taps have- not been purrhApid, paid for and installed by that date of expirati-on. The current fee for the domestic 5/6" X 3/4" tap is $16 , 000 . YOU ARE HEREBY ADVISED THAT THE_RTTI.RS, REGULATIONS AND TARIXNs -OF-THE ulsrmICT ARE SUBJECT TO CHANGE WITHOUT Nn'rrr1e• .AND THIS LETTER IS ISSUED W TH THE SPECIFIC LIMITATION THAT TRR- DISTRICT MA7C C TANf3R THR RULES REGULATIONS AND TARIFFS APPLICABLE TO THE ABOVE exvigsxs•s -AT MY -TIME WITHOUT NOTICE TO YOU OR ANY PERSON. If you have questions, please contact me. Regards Michael T. Cook P.E. District Engineer 0W22/2000 11: 14 1 9 7 43 5 7Ailkel.41 JOHNSTOWN T0WN LL PAGE 14 IP tf p� Weld County Referral COLORADO August 28, 2000 The Weld County Department of Planning Services has received the following item for review: Applicant Shultz Farm, Inc. Case Number RE-2841 Please Reply By September 19, 2000 Planner Chris Gathman Project Two-Lot Recorded Exemption Legal Part of the 62 of Section 30, Township 4 North, Range 67 West of the 6th Weld County, Colorado. Location West of and adjacent to WCR 15, approximately V2 mile south of WCR 42. For a • more precise location, see legal. Parcel Number 1059 30 000005 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 the,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. O See attached letter. Comments: • Cot-\A- �pc -f1-k-c- Signature W Agency 1 < Q Date OWeld County Planning Dept. 41555 N. 17th Ave. Greeley,CO.80631 fi(970)353.8100 ext.3540 4(970)304-64 8 fax Weld County Pic_nring De p MEMORANDUM SEP 26 200.:TO: Chris Gathman, Planner I DATE: September 22,'20 WIFROM: Donald Carroll, Engineering Administrator lie- C. SUBJECT: RE-2841, Shultz Farm, Inc. COLORADO The Weld County Public Works Department has reviewed this proposal; the following requirements are recommended to be a part of any approval: COMMENTS: WCR 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 42 is designated on the Transportation Plan Map as a local gravel road,which requires a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (Ordinance 89, as amended), the required setback is measured from the future right-of-way line. REQUIREMENTS: The Weld County Public Works recommends approval with concerns avoiding flag pole access where possible. In accordance with Section 10.5.10 of the Weld County Subdivision Ordinance (Ordinance 173, as amended),the flag lot configuration will be avoided where possible. The minimum width of a flag lot is 30 feet. Both Lot A and Lot B shall share a joint residential access point. Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation. No additional accesses shall be granted. 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-2841 plan7re wpd r • S July 24,2001 Weld County Recorded Exemptions 2838, 2840, 2841, Sr.2842 and Subdivision Exemption 840 Legal Description: Part of SE4, SW4,NE4 &NW4 of Section 30 and part of NW4 of Section 31 Township 4 North, Range 67 West of the 6u' P.M., Weld County, Colorado To Whom It May Concern: Weld County School District RE-5J, and Shultz Farm, Inc.,the owners of the above named property, have agreed that any REs or Lots sold will have an impact fee for the schools attached to them. The impact fee will be due and payable at the time a building permit is pulled on such property. The amount of the impact fee will be whatever the current fee is at the time the permit is applied for. Sincerely, /41 / Jac endar fSupe ' tendent of Schools District RE-5J e gc0T-- Steven E. Shultz President Shultz Farm Inc. *-1,taii MEMORANDUM ID C TO: Chris Gathman DATE: September 8, 2000 FROM: Trevor Jiricek, Environmental Heal \ • COLORADO SUBJECT: Shultz Farm, Inc. CASE: RE-2841 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. TJ/ske/re-2841 Weld County Planning Dept. SEP 12 2000 RECEIVED 09/22/2000 11: 14 19705870141 T0HNST0WN T0WN,.PALL PAGE 03 • rs CWeld County Referr I COLORADO August 28, 2000 The Weld County Department of Planning Services has received the following item for review: Applicant Shultz Farm, Inc. Casa Number RE-2941 Please Reply By September 19, 2000 Planner Chris Gathman Project Two-Lot Recorded Exemption Legal Part of the E2 of Section 30, Township 4 North, Range 67 West of the 6th P M., Weld County, Colorado. Location West of and adjacent to WCR 15, approximately 1A mile south of WCR 42. or a more precise location, see legal. Parcel Number 1059 30 000005 The application is submitted to you for review and recommendation. Any comments or recommenda ion you consider relevant to this request would be appreciated. Please reply by the above listed date so that Ate may give full consideration to your recommendation. Any response not received before or on this date nay 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 � � / p�.�/ 4 6, Agency x"..4 Az* y / A-e-e---><�`— Date aWeld County Planning Dept ^1555 N. 17th Ave. Greeley, CO.80631 ' (97O 353-6100 ext.3540 ?(970)304.6498 fax 41 4 Weld Colt Planning Dept. li 04,1(api SEP 06 2000 WIIDc Weld County Referral COLORADO August 28, 2000 The Weld County Department of Planning Services has received the following item for review: Applicant Shultz Farm, Inc. Case Number RE-2841 1 Please Reply By September 19, 2000 Planner Chris Gathman E Project Two-Lot Recorded Exemption Legal Part of the E2 of Section 30, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. Location West of and adjacent to WCR 15, approximately 1/2 mile south of WCR 42. For a I more precise location, see legal. Parcel Number 1059 30 000005 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. ❑ See attached letter. Comments: Signature ' - 71/ Arr.) �( /�AL L - Dafe LW :•Weld Co ty Plan ing Dept. 41555 N. 17th Ave eley,CO. 80631 1•(970)353-6100 ext.3540 •:x(970)304-6498 fax 11, arPrit's • RECEIVED AUG 3 1 2000 VvELO COUNTY PUBLIC WORKS PT WI I Weld County Referral COLORADO August 28, 2000 The Weld County Department of Planning Services has received the following item for review: Applicant Shultz Farm, Inc. Case Number RE-2841 Please Reply By September 19, 2000 Planner Chris Gathman Project Two-Lot Recorded Exemption Legal Part of the E2 of Section 30, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado. Location West of and adjacent to WCR 15, approximately 1/2 mile south of WCR 42. For a more precise location, see legal. Parcel Number 1059 30 000005 _. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. ,0 See attached letter. Comments: Signature ,I/y,4.49 derv/ q - 3O -OO Agency Patch. a- Date +Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO. 80631 4(970)353-6100 ext.3540 •?(970)304-6498 fax i GceD-3,/c) i 1,1 I,.ijit` {;i ,;.;-,;(4It , i :rUii : i. t'�1 1-II tt ' + o •I I J,li,3 .,rf i 14,41 r .lilt eft, . t •y rr� I-z-1 I1} { 1 1 r t1 I 1`4'11' ii, y i 1.11�� ,1 ::'r, ;14 t4I- 't! t tl�.yj1t1I,11 Ill, I•I1IE 1 f 14;:f`' I t ::ilk e" •. 1:{!I - .4�11i I� t�! �iI, 1'Jr fE .I1, I +1 -� t. h �r �j31II� 11r t 1Jy]: t,. r11 + '.1,'"ii S �1rtE �ulr I .K • tp 1 r 'j1 { Ir t i { 4 n 7 :if. ;1--te1.Jj{}`i:�� J litr?t�1ti�E''Ir• {�rllil' '� litf{�l U . (I 7`1 , �i 1111 t1* 11 G}1{(! 1 �' +I'd i' { 1I, ;I! it . •11Jtlr it {4 �1ll, �. 1. ii t Ir + r S I (`�!; I �i I 1 ,a' � ;11'11 S�, S �I �3e ,{ �.. II ; { fl � t '•.1 11 If+ I „ , i;lu Y .ii,, 1 tllt., 11� Ifl{�F + it if'• • r • n,•IJitl1I 'ft ,11 1 t ,I a{t }r'..ti rJ1�1ru r • i'+lil I I f ' I • ;1; 11' i ,F jet; I 11. , t '.2., 1 it i('� '. • '1 IH ,J .. tI tilt +. .t I ..•il I,, rl , I/ I, 'V.,. t I Itiiif�� l , etc; I, I11,' , ; ' III III ii ii I. j . r fit. • t 141 . S • (.�. y �_._. L.: ,; v it t f •, 1 I ,i • 1I t. .L....• . • S f ♦ J • ;1.1!:‘ t I 1 I' I I ;-k. ie.`f%` il' f J • I . . '.. 1 I imam I. W • • Wy 1 . �..„ , , . /'.�.• I�.(194tlil-.a' tkt• ry r., a ntsZ) .4/d' WARRANTY DEED THIS WARRANTY DEED (this •Deed')is m bs evade to tffecytve as of the 1it‘lbday of August,2000 between HILL LAKE, LLC,a Colorado limitedliability,ompany(Y:rantor,and-SHULT2 FARM-, INCffGcantee"),whose legal address is/1e6646tAverwe;Creeicy,Colorado-BEE34-3Q14.C-ountyefWeld,State of Colorado. *a Colorado corporation 21475 Weld County Road 19 Milliken, Colorado 80543 WITNESSETH, that Grantor, for TEN DOLLARS 1S1W)0) In hand-paid, and-for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,has.grantad.bargained,sold and conveyed, and by these presents does grant, ba'gain, sell, convey and confirm unto Grantee, its heirs, successor and assigns forever,all the real property,together w th improvements,if any,thereon,situate,lying and being located in the County of Weld,State of Colorado,as legally described on Exhibit A attached hereto(the•Property')' TOGETHER WITH all and singular the hereditatmenta and a_pptunanances gym 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 der land whatsoever of Grantor,either In law or in equity,of,in,and to the Property; TO HAVE AND TO HOW the 'roperty with the appurtenances unto Grantee, its heirs, successors and assigns forever. Glamor, K., '4d ...d itsheirr successors-and assigns, does covenant, grant bargain and agree to and with Grantee, its hens, successors and assigns, that tat the time of the execution and delivery of this Deed, Grantor is well seized of the-Property,has good,sure;perfect abeeluteanrflnleh„aibin estate of-hdrodteNce, in law, in fee simple,and has good right,fullpowerandardhcu yi)-grant-bargain,selFandeenveytheaamein manner and form as aforesaid,and that the same are free and clear frtm alL former and_other grants, bargains, sales, liens, taxes, assessments, pnrumhranrav andrestrictleas-of-whatever kind or nature whatsoever,except and subject to those exceptions set forth on Exhibit B attached hereto. Grantor will WARRANT AND FOREVER DEFEND the Property in the quiet and peaceable possession of Grantee, its heirs, successors and assigns,against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF,Gran or has executed this Deed as of the date first set forth above. HILL LAKE,LLC, a Colorado limited liability company By: Pauls Equities, LLC, a Colorado limited liability company, Its Ma r . owers oraed Signatory STATE OF COLORADO )ss. COUNTY OF ADAMS ) 6 The foregoing instrument was acknowledged before me this day of ilort 0. by Paul W. Powers, as Authorized Signatory for Pau s Equities, LLC, a Colorado limited liability company, as Manager of Hill Lake, LLC,a Colorado limited liability company. *1 .nd official s?AL .mm1�•��9�r, _ q' 53 • zeta • • Notary Public It!34>ellattab.att,-- OF CCAr • • EXHIBIT A Legal Description THE SW 1f4; THE S 1/2 Or THE-NW-I/4; THE SW 1/4 OF THE NE 1/4; THE NW 1/4 OF THE SE 1/4; AND THE S 1/2 OF THE SE 1/4 01' SECTION 30; AND THE NW 1/4 OF SECTION 31; ALL IN TOWNSHIP 4 NORTH-RANGE 67 WEST OF THE 6TH'PM COUNTY OF WELD STATE OF COLORADO EXCEPT MINNIE LAKE RESER310IR (BOO& 31 PAGE48-nr TRACT CONVEYED.fl. HOOK 207 PAGE 3-7 (fwITT RESERVO IR) i AND PARCELS CONVEYED TOJNORTNEtN CONSt xuCuuN COMPANY- ((TREAT WESTERN TRACTS) IN 8 PAGES 241 AND a4 BOOK 73 AT a .. , CERTIFICATE OF CONVEYANCES WELD COUNTY DEPARTMENT OF PLANNING SERVICES STATE OF COLORADO) COUNTY OF WELD ) Order No. WT54635 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 SW1/4 ; THE S1/2 OF THE NW1/4 ; THE SW1/4 OF THE NE1/4 ; THE NW1/4 OF THE SE1/4 ; AND THE Sl/2 OF THE SE1/4 OF SECTION 30; AND THE NWl/4 OF SECTION 31; ALL IN THE TOWNSHIP 4 NORTH, RANGE 67 WEST OF THE 6TH P.M. , EXCEPT FROM SECTION 31 "MINNIE LAKE RESERVOIR" AS CONVEYED TO JON W. ERKENBECK BY DEED RECORDED IN BOOK 31 , AT PAGE 481, OF THE RECORDS OF WELD COUNTY, COLORADO; A TRACT OF LAND CONTAINING APPROXIMATELY 7 . 4 ACRES CONVEYED TO JOHN A. HEWITT AND CHARLEY A. HEWITT BY WARRANTY DEED DATED FEBRAURY 2 , 1903 , AND RECORDED IN BOOK 207 , AT PAGE 37, OF THE RECORDS OF WELD COUNTY, COLORADO; AND A STRIP OR PARCEL OF LAND CONVEYED TO THE NORTHERN CONSTRUCTION COMPANY BY WARRANTY DEED DATED FEBRUARY 8, 1905, AND RECORDED IN BOOK 73 , AT PAGE 242 , AND STRIP OR PARCEL OF LAND CONVEYED TO THE NORTHERN CONSTRUCTION COMPANY BY WARRANTY DEED DATED JANUARY 18 , 1905 , AND RECORDED IN BOOK 73 , AT PAGE 241, ALL IN THE RECORDS OF WELD COUNTY, COLORADO (GREAT WESTERN TRACTS) . CONVEYANCES (If none appear, so state) : Book 1522 Reception No . 1295295 Book 720 Reception No . 1641907 Book 1017 Reception No. 1951627 Book 1017 Reception No. 1951628 Book 1044 Reception No. 1982957 Book 1349 Reception No. 2301680 Book 1471 Reception No. 2419225 Book N/A Reception No. 2763982 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 29TH day of JUNE, 2000 at 7 : 00 A.M. WELD COUNTY TITLE�� COMPANY �� Authorized Signatory : JI n M ! li•=9i lid • 1 IW01.1 AZ1iPI, U, III °uioi iv;a E+if-5 - iii?e$ ill oil" iy,i 2763332. 04126/2985 12:04P J.5 Saki Tsukamto 1 c. 3 F 15.35 0 'x0.00 Weld County Cu /G 'CMS DE.a , made this 25th day of April, 2000, between LAKE FARM, LLC, a Wyoming limited }lability company, CC-raptor'), and HILL LAKE, LLC, a Colorado limited liability company, whore legal address is 3950 Lewiston Street, #10}, Aurora, Colorado 80011, the County of Arapahoe, State of Colorado("Grantee'). • %VrrNESS' that the Grantor, for and in consideration of good and valuable consideration and TEN DOLLARS ($10), the 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, its heirs, successors, and assigns forever, all the real property, together with improvements, if any, situate, lying, and being in the County of Weld, State of Colorado, described as follows: The Southwest one-quarter(SW1/4); The South one-half(SI/2)of the Northwest one-quarter(NWI/4): The Southwest one-quarter(S it i/4)of the Northeast one-quarter(Burl/4); Tie Northwest _ (NWI/4)of the Sao:yeast one-quarter (3E114);._ Gr_>�=icy. (NW I/4).�__ _. _. .i. and the South one-half(51/2)of the Southeast one-quarter(SE1/4)of Section 30; and the Northwest one-quarter rt(NW1/4)of Section 31; All in Township 4 Noah, Range 67 West of the 5th P.M., Excuric from Section 31 -iviinnie Lake Reservoir" as conveyed to John W. Erkenbeck by deed recorded in Book 31, at Page 481, of the records of Weld County, Colorado; a tract of land containing approximately 7.4 acres conveyed to John A. Hewitt and Charley A. Hewitt by warranty deed dated February 2, I903, and recorded in Seek 207, at Page 37, of the records of .... County, Colorado; and a strip tett parcel of laal conveyed to auc h4ordiaern Consi-ruaion Company by warranty deed dated February 8, 1905, and recorded in Book 73, at Page 242, and strip or parcel of land conveyed to The Northern Construction Company by warranty deed dated January 18, 1905, and recorded in Book 73, at Page 241, all in the records of Weld County, Colorado (Great Western tracts). iOGEs1R with all and singular the bereditaments and appurtenances thereto belonging, or in anywise a-nertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and ail the estate, right, title, interest, claim, and demand whatsoever of the Grantor, either in __h o; in emuity, of, in, and to the above-bargained premises, with the hereditaments and appurtena ees. TO 3n≥=E AND TO HOLD the said premises above bargained and described with the appurtenances unto the Grantee, its heir, successors, and assigns forever. And the Grantor, for?self and its heirs east assigns, does covenant, grant, bargain, and agree to and with the Grantee, its heirs, successors, and assigns, that zt the time of the ensealing and delivery of these presents, Grantor is well se:-�d of the premises above conveyed, has good, sure, perfect, absolute, and indefeasible estate of inheritance, in law, in fee simple, and has good rigs, full power, and authority to Sant. bargain. sell, and convey the same in manner and form as aforesaid, cal'• that the same are free and clear from all forme: and other grants, bargains, sales, liens, tax25, asseismerre, encurrbrances. and restrictions of whatever kind or where soever, except and subject to exceptions set forth on Exhibit "A" attached hereto and incorporated herein by reference; and real property taxes for the year 2„00.0 and subsequent years. The 3rantor will WARRANT AND FOREVER DEFEND the above-bargained premises in the Quiet and peaceable p s,w^sion of the Grantee, it- heirs, successors, and as.sig s, against all and every person or persons lawfully claiming the whole or any pat thereof. W:i rvESS WHEREOF, the Grantor has executed this Deed on the date set forth above. LAKE FARM, LLC, a Wyoming limited liability conaany 1 id4;;; Spud ue,,.� ma, _41i 1J19 1 C .pl C , IFI�:':p UN 11 ! 'cN .1 �riI:� Itlahl r,z; t:f .:.,.: TUN ht a� l i raai nut na_n: :a ] Iffll ill mellf I ! I"gI .Jvo_p2 usicolrt 72:04tP JA Su$i Tsukamolo 2 at Z R .^no n x.,n •....0 uVun+Y CO 5-TATE OF COLORADO ) ss. COUNTY OF LARIMER " Mills The foregoing L�u'im'Ca�w1'SIl� , sworn to, and acknowledged before me this day of April, 2000, by MARY HELEN REED, member of Lake Farm, LW, a Wyoming limited liability company. Witless my hand and official seal. My commission mpires: 2/7/09 S iYw ..... 108, + ////"/� /,}� / ��4iGGCN G CNIn 1 t ] `��/Il/li/l�� +ad rI oLufPuNie s Y ,. 2 YLU+CJLiu : rte"' . -6,73,;.), ^ vr itirill sl a Ril aiJ IaI I! !ill llill (z2; 2763822 OA/25/2000, '12:04P JA Rukl Tsukamoto 3 of 3 R 15.1 0 Weld County CO C E EXHIBIT"A" 1' 7 1. Reservation(s) as contained in Patent recorded November 8, 1881, in Boor. 20 at Page 357. Said reservation(s) being as follows: "All 'Mineral Lends' should be found to exist in the tracts described in the foregoing, but this exclusion and exception according to the terms of the stature shell not be construed to include coal and iron land.' 2:. The right of the proprietor of a vein or lode to extract or remove his ore, should the same be found to penetrate or intersect the premises thereby granted and rights of way for ditches and canals an reserved in the United States Patent recorded January 16, 1883 in Book 34 at Page • 114, and any and all assignments thereof or interests therein. 3. An easement for telephone and telegraph lines and incidental purposes granted to American Telephone and. Telegraph by the instrument recorded December 24, 1927 in Book 833 at Page 431.V 4. An easement for electric power lines and incidental purposes granted to Colorado Central Power Company by the instrument recorded August 16, 1938 in Book 1029 at Pane 447..E 5. An easement for communication facilities and incidental purposes granted to American Telephone and Telgraph by the instrument recorded April 21, 1941 in Book 1077 at Page 516./ 6, An easement for a pipeline and incidental purposes granted to Sinclair Pipeline Company by the instrument recorded June 26, 1963 in Book 1651 at Paae 16.✓ 7. Reservation of 2/3 interest in all oil, gas and minerals contained in deed recorded August 5, 1374 at Reception No. 1641907. 8. All oil, gas and other minerals as conveyed in deeds recorded January 26, 1904 at Reception No. 1954168 and April 12, 1985 at Reception No. 2005573 9. An easement for pipeline and incidental purposes granted to Associated Natural Gas Inc. by the instrument recorded July 24, 1989 at Reception No. 2185144. ].0: Oil and Gas Leases Recorded: June 26, 1964 at Reception Nos. 1439378 and 1439379. December. 3, 1979 at Reception Nos. 1810783, 1810785 and 1810786 February 4, 1980 at Reception No. 1816043 11. Right-o,`--way and Surface Damage Agreement dated November 9, 1984,between Lake Farm, a general partnership, and Shepler&Thomas,Inc.,pertaining to oil and gas wells in Sections 30 and 31,Township 4 North,Range 67 West,6th P.M. 12. Farm contract with Don Seewald dated November 24, 1998, as amended and extended on March 21,2000. 13. Oral month-to-month lease of the hone at 19134 WCR 13,Johnstown,Colorado. 14. Boundary line discrepancies,conflicts in boundary lines, shortage in area and encroachments as shown on the boundary and improvement survey prepared by C.R. Moore Land Surveying dated April 16,2000. i 5. Right of way for Farmers Extcnsion Ditch as shown on Survey No.41-00 dated 4-10-00 by C.R.Moore Land Surveying. 16. All oil, gas and other zinerals are a severed interest and are excepted as described in deeds recorded January 26, 1984 at Reception No. t954168 n-.a April 12, 1985 at R=_ception No. 2005573. w,f L v.1= 1. R'. 1 I' ' nt'IC7 M�F Y N;'v'Y''` Font'.} .s i_ �Y:-�, r f �i^, ne �.G�'W.w�i.Ja:1 ...s:$i1w.:.�:.� "� .__ _....._._. ' b;-19225 B-1471 P-737 12/15/94 04:02P PG 1 OF 2 REC DOC -� Weld County C0 Clerk & Recorder 10.00 a'? WARRANTY DEED 1,- AR2411225 sr Grantor, HELEN Y. McCARTY, county of Boulder, state of Colorado, for the consideration of. Ten Dollars ($10) , in hand 1 paid, hereby sells and conveys to LAKE FARM, LLC, a Wyoming limited liability company, 6387 N. 107th Street, Longmont, Colorado 80501, the following real property in the said county of Weld, state of Colorado, to wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF (Actual consideration less than $100) i': " also known by street and number as: Vacant land. with all its appurtenances, and warrant the title to the same, subject to 1994 real property taxes and subsequent years' taxes; easements; rights-of-way; and reservations. Signed this /�\1 day of December, 1994. l �Cze��J"227, .. Jl/ ( G��z�j HELEN Y. M1CARTY ;/ (ii i STATE OF COLORADO ) ss. County of Latimer ) The foregoing instrument was subscribed and sworn to before me this /x'44 day of December, 1994, by HELEN Y. McCARTY.J - i f':•NOTARY Notar Public �6 ;#y: My commission expires: 02/7)96 ' : PUBLIC /pi A - . e°'t 0t: i\. 4t4`i{ p 4'.5, r . y N; ' •y:c 6t ir. 4 " A .14e +'al2i.174; '11 vtM 44 'Yn 4b+ V C u. 1"" ' O *1 '3' i" pi 2419225 B-1471 P-737 12/15/94 04:02P PG 2 OF 2 ; Lin ll EXHIBIT "A" ,-':'" v 4 The Southwest 1 , the South •'; of the Northwest 4, the Southwest k of the Northeast :, the Northwest ; of the Southeast h and the South 1/4 of the Southeast 4 of 9;.a Section 30, and the Northwest : of Section 31, all in Township 4 North, Range 67 West of the 6th P .M. , containing in all 560 acres, more or less; (excepting from said Section 31, "Minnie Lake Reservoir" as conveyed to John W. Erkenbeck by deed recorded in .. Book 31, at Page 481, of the records of Weld County, Colorado; and excepting a tract of land containing }°:r approximately 7.4 acres conveyed to John A. Hewitt and Charley A. Hewitt by warranty deed dated February 2, 1903, and recorded in Book 207, at Page 37, of the records of Weld County, Colorado; also excepting a strip or parcel of land conveyed to The Northern Construction. Company by warranty deed dated February 8th, 1905, and recorded in Book 73, at Page 243, of " the records of Weld County, Colorado; and also excep- ting from said Section 30 a strip or parcel of land conveyed to The Northern Construction Company by warranty deed dated February 18, 1905, and recorded '. in Book 73. at Page 242, of the records of Weld County, Colorado) ; but together with all ditch and water rights appertaining to said premises, including 21. 9 shares of the capital stock of The Farmers ? ,` Extension Ditch Company, 9 shares of the capital ` stock of The Highland Ditch Company and 25 shares of ' the capital stock of The Bunyan Lateral Ditch Company, also all right, title and interest of the grantors in and to a certain reservoir, priorities and water rights, known as the "Hill Reservoir", said ' eservoir . having priority No. 4, as of the first day of February, fi 1879; County of Weld, State of Colorado ; `f Further together with 150 units of the Northern Colorado Water Conservancy District. 41 : a`. a r lea -. I 4 1 tintMrkrai {';�-{rPti f. rit ti,rf.r 4; 4•b• '49•'-' �;. 4. • T-„ '+rel pe' i anN A ,,,,,, 4,74 -* N . • PO e<l r 4 s it J•i'Avtpass•ptoto ,,y pia . ' i a n.ys: rq'k'J7• .- °SemaitRtoh yb " ' £ , g a i-*•O1#'c'1.°"'y' ♦<'s2�G.r •m,31. .+,1.s!dI�1'�C..J.§ . +�-. .0.....+ ,..•tit r+f�-s;+,�to a.4'`iea `' . ' '3'l j I B 1349 REC 02301680 08/28/92 16: 15 $10.00 1100:? Aft2:C1161S11 F 0678 MARY ANN FEUERSTEIN CLERK COI:CO 0" O . I, P.EC0RDE't WELD CO �.• -rt v' WARRANTY DEED , t "x LAKE FARM, a general partnership, whose address is P.G. Box % '{ ° 596, Longmont, County of Boulder, State of Colorado, for and in consideration of Ten Dollars ($10) and other good and valuable + ,? E ' ., consideration in hand paid, hereby sells and conveys to HELEN Y. g� .*... " McCARTY, whose legal address is P.O. Box 596, Longmont, County of Boulder, State of Colorado, the following {3_P c0r_hart, teal octal-?t in the county of Weld and the state of Colorado, to wit: m See Exhibit "A" attached hereto and incorporated p .l„ herein by reference. =-4�`• r with all its appurtenances, and warrants the title to the same, k *, subject to: 1992 taxes payable in 1993 and subsequent years' taxes; a first deed of trust in the principal amount of ! "r"o- • $150,000. 00 to the Equitable Life Assurance Society of the United 3.' ' States dated January 27, 1986, which grantee assumes and agrees qiits�k ,;�,. to pay; easements; rights-of-way; and reservations of record. i Signed this _ day of June, 1992. }"c'+ LAKE FARM, a general partnership a i T',. -..22 ? il BY - P('/- .LJ # /7 ' , .• -(17 rf a Helen Y. McCarty, partner , ,If 4! By / �.C� �' 777 " f / t , ,a'sq'a� ,�_ Michael H. McCarty, partnet `rir ' ne STATE OF COLORADO ) :, ,-3 ;. I ss. County of Boulder ) � "- I �: y The foregoing instrument was acknowledged before me thisol�" , . n3 + day of June, 1992, by Helen Y. McCarty, a partner of Lake "?, Farm, a general partnership. ` • k 'f .- '‘,44 a �S` ,I'1* " 1. �. ., k"41.4"t':,. ...,'.-- -:, Notary Public p • ,l al ,.. My commission expire - / c�-•k�• [4-,;) ,„...--,.., '�'�'. .. /�/% 1 �yI-4, + rA, STATE OF WYOMING ) 1 e r r'K p 9 Siti3 '1 County of Parl; .' < u "A 1 W.. 1,gs N l0 �t o� . .,i 2 rho foregoing instrument was acknowledg_d before me tLQs0 � ,r�?'e ,(9 daf of Jun.:, 1992, by Michael A. McCarty, a partner m., Lae L". .1 -_'1 harm, a, general partnership. ,.• 0 �. --.4'^", -:f; 74. r} � r ".; Public) Notary ' E; st rc My commission expires: 'iv, f q i y ,.+�. dF . x . S�{karrav❑❑ F F`ti'r jn .� d w q• ]' - i"d i .:y9r . _.,Fe'n x�13e+r: q+v .r.At,�ieM ;a tvj�.'�c.,t•'a rd3"!t}+'a. :t 11:7!^s'nMve • <� � 4" 1 r elf 1 Y '/KiY :M1 U .x '''''' '''P�},..�x,. rr..lf taarm,` ' n ",i.r Xt., . ;," o y ,c... , ' . �`'4, - t.. b 1349 REC 02301680 08/26/92 16: 15 $10.00 2/002 * ,� ` pt.3. .. .: i...- F 0679 MARY ANN FEUERSTE?N CLURK 5 RECORDER. WELD CO, CO p Fp The soutrn,cst ':, the South l; of the Northwest k, the Southwest 4 of the Northeast ;, the Northwest ;, of ,...,..1-1%,,,,... the Southeast ; and the South tS of the Loutheast 4 of A* ot Section 30, and the Northwest 4 of Section 31, all in l . ' Township 4 North, Range 67 West of the 6th P .M. , containing :n a; 1 5ED acres, more or less; (excepting �ti,� •• from said Section 31, "Minnie Lake Reservoir" as 4. conveyed to John W. Erkenbeck by deed recorded in Book 31, at Page 481, of the records of Weld County, ti Colorado; and excepting a tract of land containing ti approximately 7 . 4 acres conveyed to John A. Hewitt and Charley A. Hewitt by warranty deed dated FebruaryS< ,..L� 2, 1903, and recorded in Book 207, at Page 37, of the # < I records of Weld County, Colorado; also excepting a ,. strip or parcel of land conveyed to The Northern ; Construction Company by warranty deed dated February •.�a "� 8th, 1905, and recorded in Book 73, at Page 243, of the records of Weld County, Colorado; and also excep- 1,1,4 -.R4,41,74',,-.••:• ' y ting from said Section 30 a strip or parcel of land conveyed to The Northern Construction Company by warranty deed dated February 18, 1905, and recorded fz',?1,:#4, in Book 73, at Page 242, of the records of Weld 2414L-v.; < .6' 4' County, Colorado) ; but toge`cher with all ditch and 1. water rights appertaining to said premises, including . ) fY rr 21. 9 shares of the capital stock of The Farmers �`L Extension Ditch Company, 9 shares of the capital Y. stock of The highland Ditch Company and 25 shares of w' the capital stock of The Bunyan Lateral Ditch Company, �` _ _• right, title and of the grantors -F.l;. . also all interest in `'' and to a certain reservoir, priorities and water f`Vg, 41 rights, known as the "Hill Reservoir", said reservoir , at having priority No. 4 , as of the firet day of February, ." 'e, 1879; " . x At .: w � r �I. 4 iv Y of �Si` F C n k� � a. r n �. �� ° ft' r" e e ,�. ,,e}w v Ar'°. .N .. .E' C. F '; C {C ,C' a V: I: 4 F yF V id,/. j { k - g r �y1s y r �_ Ylo ,.§ 3 Fit, Y )d tMpL i.Y+` / .,. ~ J IcHe / , / P„S 1 r. il s . .I' ..•_.......�_..�:....�.AK19d 2952 B 1044 PEC 01982S57 09/26/84 ]0:39 56.00 1 /002 F.', F 2496 MARY ANN FEUEP.STF.It: CLERK b RECORDER WELD CO, CO• 1 w ` II1 Fli Y. MCCARTY (an undivided 37.211% in crest) L, and MICHAEL H. 'ICCARTY (an undivided 12.7 9% S r+ dr k+ i_t •rest) .:- ...r..:,:7; 6”,...1.1.,.... L1306 '1. 9th Ave. , Longmont, `H> ° State of 'r 7T µ Colorado .fur th,.consideration Of ("n' w ..'d: TEN DOL.'.APC AND OTHER GOOD AND VALUABLE C ]ISIDERATIOU f e: 11' u. h'nd p r, hr r.',' dll ) .nd r. n .La) ' W}�yaf� 'k:• LAKE FARM, a general partner,hip i 11 aks, -r1 : 1 ... i, 1306 9th Ave. , Lori nnont, t ,d ii.kAtlr.' UI..r . ..nd 5,a V.or Cu for rdo•rr ll, .cmi;r.-I pr r l, in :.. ,mot 73O + k.z - . . 'g' •r ssm r '.+ �Y. SF.E EXHIBIT "A" A TACHED HERETO AND I;ir_ORPORATED I✓" .n� ° HEREIN BY REFERENCE. , .e` • �y'�'.=t 1" ee, 5 1 N r hi.F X' 4 0Y .i.: W • (ar:r.ual � insi;?c,r ,L{nn 1__a than $100. 10) ill ); , .. . rql t r _ d tiN) I), till• In the , I) ct no 19a3 raze va rib: ^' t 4�.�.. in. _n zibseTrint rc r- c . . , r. n nt-;, C e .. }fry , t1 r servalions Cf recur?. • ,' 4 T f • r ...nA 5 . .. any - o,^nber .J,9 94. It,,,‘11, " ,- i. - , f.Arr: IIF ('rill0E.Thr). I 5"' F rir I County "r 7,a r Irie ¢ _ .h.r.: 1 3-, t 1 1l.. :_ . . .. o 1 ' k NF a 1. Ff, 3 'J v {i r ,nil .,yt lI-/i 4 n'�. :n5. Cr-1',r-c-!:? ..1 .tr's.; _ ' 1 ;x V,I �„ eo t -ail.. L.-e n•,n torm ... _... .. t r ;¢ 4 -A,. J..4.104* i 7 -s " Mx� ^ 4 z .nse,r--tc-s —a s ti< ...Y,�IA'1f+.k 'wi ,`•piy.iay- 54*�%`f� b L y t1a1 ar sR%r Y.v. . i.. R!'8,z`�,' ,.1, ask y�,'a ^+..J'al" +;; At ..a.... y4 m+ i+Yi, {. '�'Fi i?'BTj.; " 'C aj. 4v tom, - tyi.'.. ' a :044 RFC 01982957 09/26/84 10:39 $6.00 ziooz .Yf AN:; FEUEPSTEIN CLERK 6 RECORDER WELD CO, CO Fli‘ii vq., 1 17..2.,:;,if,,th ::::!7..."4.741"..•:: M The Southwest the South '; of the Northwest +., the t •.'""1-7.- 0?-42:4 r,'z'1` -', Southwest of the Northeast '. the Northwest e.a of K� ,uhy,. w, � and the South ,5 of the Southeast : of +r 't A the Southeast I:ll Section 30, and the Northwest of Section 31, all in ` � ? ' tk tr r <.; Y. Township 4 North, Range 67 West of the 6th P.tf., it, .. containing in all 560 acres, more or less; (excepting "Minnie Lake Reservoir" as from said Se_e Gior. 31, -. conveyed to John W. lir'r.e.ibeck. by deed recorded in x....+ Boor 31, at Page 481, of the records of Weld County, Colorado; and excepting a tract of land containing '^i^r approximately 7.4 acres conveyed to John A. Hewitt �d rft`.x - 9 and Charley A. Hewitt by warranty deed dated February tF, 2, 1903, and recorded in Book 207, at Page 37, of the '31,0 ':4, ,t. also excepting a +• a . )rpeyr,,b M;, records of Weld County, Colorado; d strip or parcel of land conveyed to The Northern v�J's� e,.. Construction Company by warranty deed dated February �- 8th, 1905, and recorded in Book 73, at Page 243, of . �• �£ fJ the records of Weld County, Colorado; and also exccp- fr Ya �ortA,,'�t•=.w ea. said Section 30 a strip orparcel of land h e y; co .v % e ,.+,-,,.,mod to The Northern Construction Company by �s f`'"��,� -' i 1warranty deed dated February 18, 1905, and recorded 1 in Book. 73, at Page 242, of the records of Weld e {� i County, Colorado) ; but together with all ditch and . A _ e aining to said premises including rr :� i`�`J rk,, . I+ 2 { ipso lD Jr r[ 21. 9 hares of h capital stock ../S 7:',e _ _. ___ __. { �' . xtension Ditch .Fang 9 shares of the capital r ' >- ,toed, of The ock d Ditch Company and 25 shares of �..L4tt A' mi34 -, the capital stock of The Runyan Lateral Ditch company, �� t >4 I also all right, title and interest of tar grantors w▪ rw#,`,-,�" ,Jr priorities Cries and water pp c and to a certain l s}'4 ''A �n 7 vht , known as the ) '- e'✓firs, day For•✓oar p �.�• .h'- h owing pr Cora ty :Jo. •1, as oft the first day of r+•h,da ry, �A �f 179. �t4 �g� t' i�.+ s `` S Y. ' l3 `XY .1 F3alfa2y- h:tai Fi r S 1 Ciro. i r n `�2 r r� e ry Cwtixy 1 +vrv'�1 f 5� 5MY T' y 7'.i) x Kf . •T ti '" ' — i 3 ' I FiYx'}5 °x } e4•- ,fir° F F 4 t't.1 4.�w%4 +3_ ,yxx,TM �� mss, y k ;€ `as + dN ax i ayf #° S f s y , ear a keYr .. i!,;'3,'.::4!>r"4 V s •-i0,,,-;c4,„ .. -- 3. si }14 yih,..4 y40::'.17,- r ',.y �D;`" W 3 .214;9::::- .: ws .4: 4 g r it f • &`44:2 i. w �. ,- Yk.f :4�iw*a, u ` tP + .' • ' • 2Y •TC -4,x ' n.3. i.r 'f 1 u''f # s4 aa` +l 'i2!*h %sc ±f-t! .,`•'`st'.-t. . J - iq�ta •�''�'• fr ry ,t t L s s ` •, • J .. t + = r Y°6 yy�.� Jai. F i /, a r.!,+tr L: l2 „,4,,y '� . , i'{ .Q'S'r:: s,2 1 '1'.' "K s J �a .fl l y x r ax .rrgy ; s.r�`i -''''' , eAY ' -Yrow:F..•3... aa.8x", ..f,.:,.� Ra• `a*f_ '�sK'.;2S�v.+r.£§.. ;S. .'s.,• .+^` ".,: "-?..(t.:',';'!'4:`,1-1♦ ar• - ,.,r ,y.- — illi- ••w.nunn..c•sa=z.c. �+9PCG;6r�i :, • �•. B 1017 REC 01951628 12/30/83 14:36 $3.00 1/001 4( Asb 95Ahdb Y 0255 14ARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, 00 i w^3•y, PATRICK W. t47CARTY t..- '� ''�".. ,, whose adores,is 2525 W. County Ad. #4 _+ rs FIZA er�tt•' . Berthoud, County o, Larirer , Slate of pa•. t,Ct +r'; Colorado ,for the consideration of TEN and Ortflat GOOD AND ['i • l ii VA ZA..2 C lSIDERATICN ka r =in hand paid.hereby Nell(s) and convey(s) to I T `s ----->,.'_75(.i.,'. Helen X. McCarty $2 2”:1 ..„.,.., whose legal address is 1306 W. 9th Ave., LArRsmr,t, County of f y▪ £n, eouldnr ,and State of Colorado the following real property in the )vfi` "txs ;';14, an undivided 12.789% interest inc alidY64: Weld .and State of Colorado,to wit: h ; 'L'7 - The South.sest 4, the South M of the Northwest h, the southeast h of the Northeast t *UA? • •+t 1, the Northwest 4 of the Southeast k and the South 1 of the Southeast 1j of tt iL` �``'• Section 30, and the t,:ortat ; of Faction 31, all in Township 4 North, Range 67 , ,� `,`,kr West of the 6th P.M., containing in all 560 acres, more or less; (excepting fran F, Yi't i r®:G' said Section 31, "Minnie Lake Reservoir" as conveyed to John W. Erkenbedc by deed t%t.t . recorder: in Bock 31, at Page 481, cf the records of Weld County, Colorado; and rW I'• »s ' ''4 excepting a tract of land containing approximately 7.4 acres cxlveyed to Jahn A. f r ' QS. ; t4�ra`v' Hewitt aryl ritarley A. Hewitt by warranty de-I dated February 2, 1903, and cewrded ne, in Hock 207, at Page 37, of the records of Held Mt-minty, Colorado; also excepting a ,yr, t`$;x{ " strip or prcel of land conveyed to The Northern Construction Cccpany by warranty ` ,N` d,_:.9 stead Fob 8th 1905 and IE,z.reed in Bock 73 at P 243 of the records r 1, , + ' Z1]rr'Y r , , , 4 b il4(.-- of Weld County, Cblotade; and also excepting fran said Section 30 a strip or I n 1`A�i eras :,. parcel of land ccmtyed to The Northern Construction Company by warty deed v T �c dated February 18. 1905, and recorded in Book 73, at Page 242, of the records of Y4i F,2„ .' c�,r+ Weld /Dainty, Cbloraio); but together with all ditch and rater rights appertaining ! -- i to said prerni.x s, inc'uding 21.9 shares of the capital stcdc of The Farriers te' t ' r .*. Extensima Ditch Ccmoary, 9 shares of the capital stock of The Highland Ditch t `4r'or1+ „' �Cr▪ ^: ..arpzu.y rd 25 shares taw. capi°..al s of The. Eon an lateral Ditch Company; Ili 'i •zp^ -��' 3"-?.- also all right, title and interest of the granters in and to a certain reservoir, >.. '`. . . priorities and trter rights, kna+n as the 'Hill Reservoir", said reservoir having + m .Y ,4.,17 e r. skaai m. raa priocit_y No. 4, as of the first day of February, 1879; 3k y with all its appurtenances, and warrant(s) the title to the same, subject to prior years' taxes F n,. o-, which grantee accepts and assumes to pay; easements, restrictions and tights-of- e 4i alp.. ,r• rsC>•. _/ ..c rr cord or in place, if any. ' r "V:7.74. FA Y S �i it. SignM this Jo O� day of gnLr,� / /1 Syt3} /� )1 7/ • tat• !. z t ..-1.-•'LI,' ',..,{?;...-7, , '/ // le( ALL v c uric,. W. xtih.`$" s'S." ki4 ^sore ^; rnt n°.'DO 1 , yir�. I5s. F-ears?. C nh• of "Rtii The foregoing instrument was acknowledged before me thin „Fe: �- 4I X. �' V ,', .A1,-. da of E r . 19 83 by Patrick W. Ps Carty ,.`.F'•�'L 1 1 ax y, ,, ens 7/v- a• * . oKr I f _ t a v ^z 1.' R6Sb957,1+27 a l• k� '" b 1017 REC 01951627 12/30/83 14:35 $6.00 1/002 .. .4` ,` ' F 0253 MARY ANN PEUEP.STEIN CLERK & RECORDER WELD CO, CO - v,.L) y4 •3 , a Cc 7 w ' PERSONAL REPRESENTATIVE'S DEED e J i' uy�. „or 4,nu ,. a may. THIS DLED made by MICHAEL H. MCCARTY and PATRICK W. 14n:%7';.; ' pi ; MCCARTY, as Co-Personal Representatives of the Estate of : K Horace G. McCarty, deceased, Grantors, to HELEN Y. MCCARTY, t " ¢x an undivided 74.422% interest, MICHAEL H. MCCARTY, as ('y, ,,a . o,.; undivided 12.789t interest, and PATRICK W. MCCARTY, an r!,1"-':•'''.71@"%4N- r undivided 12.7899 interest, whose address for the purposes ,: 14 C." of this Deed is P.O. Box 550, Cody, WY 82414; *1i2 + I " . h f",'; &, --':. . e . q i.i WHEREAS, Grantors are the qualified Co-Personal '� �;ar . ,,;ieitfi Representatives of said Estate, Probate G81PR3Z6-3, Boulder r; County, Colorado; and, i I 4 l' t I T. THEREFO:'9', Grantors convey, assign and transfer all & "+fin r �rr , r t - : C4-0- ----------- ---- ---------- ---- ------- -- ---- ------- - -.-? t .J. PrCoorado: �' '1, 1 A � tµrtr '. I The Southwest y, the South 1 of the Northwest 4, the (��°,',�`� 4'^ • '4' Southwest h of the Northeast h, the Northwest y of G,=� n _e f` °; the Southeast and the South y of the Southeast y of »t '' �. Section 30, and the Northwest 'Y of Section 31, all in - f A � r � 4` ' Township 4 North, Range 67 West of the 6th P.M.,, , ^it z _ _containing in all 560 acres, more or less; (excepting l,, .,. ih,,, ' from said Section 31, "Mini e Lake Reservoir" 'as ( e { conveyed to John W. Erkenbeck by deed recorded in it"; ..w'"�r7� e Book 31, at Page 481, of the records of Weld County, ' " Sa,.. i r- Colorado; and excepting a tract of land containing +�c 4;"t •'>- It approximately 7.4 acres conveyed to Sohn A. Hewitt L&"�s" _�'ra (, and Charley A. Hewitt by warranty deed dated February E.a'M7.t� x' " 2; 1903, and recorded in Book 207, at Page 37, of the !rte d,a records of Held County, Colorado; also excepting a "=- strip w1 of land d t _~ c Northern . Const � rnd 4 nCompa y by warranty deed dated February, 8th, 1905, and recorded in Book 73, at Page 243, of ... - the records of Weld County, Colorado; and also excep- . '� ring from said Section 30 a strip or parcel of land it '4, L conveyed to The 1:...s_..w... ...,..0..a eti.,.. --pi.", by €( s it"43 " Gt warranty deed dated February 18, 1905, and recorded 1°; e in Book 73, at Page 24 L, of the records of Weld � 4ma County. Colorado) : but together with all ditch and water rights appertaining to said premises, including " 21.9 shares of the capital stock of The Farmers ^`. Extension Ditch Company, 9 shares of the capital ( < . .� iwi ntock of The Highland Ditch Company and 25 shares of E y the capital stock of The Bunyan Lateral Ditch Company, i ' '': x also all right, title and interest of the grantors in end to a certain reservoir, priorities and water A4 kai rights, known as the 'Hill Reservoir", said reservoir � ', <- ,< r• iLaik having priority No. 4, as of the first day of February, . k 1879: .„ h a y CS ;1 .J5':._f Jp� y, a dips m r.. 54 9-l19 tioN•---I, 4,----,- -. , ' - '' ' 8 1017 REC 01951627 12/30/83 14:35 $6.00 2/002 tray st ,,,,, ,y,4 F 0254 MARY ANN FEUERSTEZN CLERK & RECORDER WELD CO, co 5 z, n< ?�i. !.'3,T .. fl 4„„,t:,. .,, .. SUBJECT to ail easements, rights of way and reservd- trtt , � bons, zoning restrictions and covenants of record or r ,, '`'' , 1 otherwise established: all assessments and subse- ` quentiy as essed taxes. y^ 'i• EXECUTED this jp day of December, 1983. M c el.—.7,4,41/- . Cearty, Co-Pirsunai 1 . it 2.074 I 4'M Representative _Rr . ; f a E trick K. McCarty, C -Personal/ , ��", Representative _ • C .“O-,,,,,_.Mc;y ',.',-Y5' `i; ( fit ATr OF COLORADO l rt 9; i t COUNTY OF fg.,rg' t. r*Sks : „' The £a goirg instrument was acknowledged before me y 4;..-t.tffot„; this c�� dal of December, 1983, by Michael H. P[cr_arty i' +^� r5 and ?atria W. McCarty as Co-Personal Representatives of the . c �4 . Estate of Horace G. McCarty. � r . : • .M My commLssion expires;: `� L " WITNESS my ` •v a₹'t v , hand and o ici seal. tan• ii R17.�\J ;P. : Q V's� y fl • 9• n 4 r"✓ --(r:%n r u_a3_, 4 3' 1f 4 r eS "3 • 'Cr nw,, A. GRccorc d t �KIL.1`•�f..._..' CC�� cr . c i!`Zl/ lti><•uptian Ku 1bf!'i`2en -t, .,.. " L--• -I' ,' -, N Q, �l __ _._-......._. _. ; 'HELEN M,'FICKEL, whose address fs gerthoud, County of Lariner,.end State of Colorado,'and IL- WaSON MCCARii, 'i 1 ! whoseaddresa is iccgr.ont. 0. County of Boulder ,SAate of l o I Color'ado , for the consideration of ONE COLLAR `} '91h'' i ids c 7 i *,._ dollars, in hand paid,hereby aell(s) and convey(s) to ( - 4 t au • o.i H. C. McC;>_?TY, }•, � "• whose address is Lech^.oat County of )4Ir. n,.._ 'It'll its , j -r Boulder and State of Colorado, _... o.,.,..ing :eat grope y in t e 0 1 a c. , County of Weld ,and State of Colorado,to wit: ` _r The southwest quarter (SW4), the south half (S ) of the northwest quarter (Nw';), the southwest quarter (SW,) of the northeast quarter (NE-k). the north- i P.✓••3 west quarter (NW}) of the southeast quarter (Sts) and the south half (S1) of .7,,..,....n the southeast quarter (SEk) of section thirty (30)- and-the northwest quarter . , four (4) north, of range „ township .1 section thirty-one (31), all in �°. . 'W- of cv sN t) Y ' ".� - � 'sixty-seven (67) west of the 6th P.H. , containing in all five hundred sixty Ls::,-,fn ' "Minnie Lake t - said section 31, T*, ' .1 (i60)acres, more or less; (excepting from 4 { I Reservoir" us conveyed to John '1. kenbeck by deed recorded in book 31, at : a y pane /SL of the records of Weld County, Colorado; and excepting a tract of „,fir i land canto ll rn^ aggro:;imp tely seven and four-tenths (7.4) acres conveyed to :-r$0 3 4•¢ -j ; John A. Hewitt and Charley A. Hewitt ` warranty deed dated February 2, 1903, .1 1 +�''' ,and recorded in bool, 207, at p : e 37. of the records of Weld County, Colorado: i '�"' eLL 1 , also excepting a strip or parcel of land conveyed to The Northern Construction p :.,,,,,a, �,?' ] Co Apany by warranty deed dated February Sth, 1905. and recorded in book 73. aC •' ^ 9ra s of Weld County, Colorado: and also excepting from said j u the •section 30 a strip or parcel of land conveyed to The Northern. Construction Ccm- puny 1 warranty decd dated Ftft,ruary lath, 1905, and recorded in book 73, at page 242, of the records of i eld Coun ♦ Colorado) : but together with all ditch T t , • I and onier riLiiits appertaining f. ssid pe J sex including 21.9 shares or the e £ capital stock of The tamers Extension Ditch Company, ° shares of the capital •a , stock of The i 1 d Ditch Company and 2- shares of the capital stock of Tn 'H k &umyan Lae cal Ditch Company, also all right, blue e ::d interest of the grantors !! in and to a certain reservoir, priorities and water rithts known as the Mill H . . Reservoir", said ,reservoir ycir priority Na as of the first day of j�'. 1:.:;7,`— -r. e 4ril "'.i10 rEatAT.W".h,x-i!ii # t'Y:1. .tA,'i:Sifl?:tWF+f'.`ZIR 00 xt "y February , 1S79: I' 444,,,' I I qq desercina to the grantors an undivided 2i3rds interest_ in all eel. gas and I J Ili minerals underlying, said premises. w li I. I I ti tt. a I Signed this 2:11 da}- o£ 2:Ccus . 19 "I w IC �, 4 r ;5, .. T7) ' 1 Helen .+olf, //rip e1- l !! S. _! l D Wikon McCa-Cy. ✓ �, fir : '^a '� i�. L I II �;.�gg 3 yw,- 7 STATE OF COLORADO, i ', H C;Air .R°�? 1 ` Q p e count, of 3 i r 1 II F r 5` 'a% fee(aj .c Lstr 'meat w e Jg. d - eisi 2n .. N-s ray, r 1 ..._ 1-.)In j_ _ uaC r19 ra . '•5 .. ]. .,. ISC.• �i. . �-�- # J!1`. & 1 A,'.fltPr Vt4 ten e re3 Jul'' 1' ti s ,o, I:. ' a sd.`•tllt,c., rnb hand and official sonl. - y� '9n:-T•` H nose_ .a-J,.F-.p..,- N.-CS Inert-I — Zr r - 1. a penceo 0 1. t'I. I1 A Ii :Cud c....r�ty nt::r_e .m h.-. ac :or 0 �._n r ` oa- ' w f Q e 0(oenjOrnYon t toe Csz.- on:o r-c�.HX rxec at 0're:- v.>.- a I' 'LjB• S:)t :71 I I m to _.•n1 F.c H 7417L': 77-"W' -i -.;di No.FS?. 4.msrt l.ei-5Dx:FNn Ge II o-1.0.t'R.e.nie .__ =4444:4.::-._n.:,rou..n w.oe.m-,re The hi 4 l- -- .. . . ) d S — al De 1 reeoraeaa./G ..oet«k (/S+r. Jf1,1.131 9 .c_..l..v_� :;11)•; Reception No. !44:iU:/ 'r)r) ._,_ Mm AMR...... _IpFr. _ i Recorder's Stamp ! KNOW ALL MEN BY THESE PRESENTS, That we, D. WILSON) i McCARTY and U. G. McCARTY, of the County of 1 I Boulder and State of Colorado, and HELEN M. t FICKH[., formerly Helen F. McCarty, ( ) of lhn County of Latimer and State of Celerndn. I, i for the enn.Llernunn of ONF. DOLLAR, i rriis t i in hand raid.hen try sell and canny to D. WILSON McCARTY, f i sr- ,..,:r.,'a :I. C. McCARTY, and it LEN M. FIClia, - , of the County of Boulder and State of Colorado.the following real r j r property.situate In the County of t.eld, and State of Colorado.to-wit: .V N I v i The southwest quarter (St...),-the south half (S ) of the northwest,. quarter On: ), Lila southwest quarter (St.':,) of the northeast quarter i 4 (NS'„), the northwest quarter (11W' ) of toe southeast quarter (S.: ) and it • C ••s the south half (S;•) of toe soutncast quarter (Si.' ) of section thirty t I(30) and the northwest quarter (NV: ) of section Liiirty-one (31), 411 I. At o Iin township four (4) north, 01 ran: e sixty-St-Jul ('•i) '-nest of toe bt.l i. ' I P.1•:., contdiniul: Ln all five ,'mated sixty ('I,t`) .tre.es, meta, or L.:s:;; tE p(uset•I•tinl; !rom said section 11, "ainni.,• L.0-:.• Res unit•• 4^ eunvc>_tl 'to Joint 0. ;ire nlbec4. h- d-:ed r •eurd;•d i,, boa,. 31, .tt ap,.! 4..1, of tilt records 0! t,,ltl Count :, Culorddo; and :c'.-;,ti-t. .• Ir.1( 1 of i ii,,I , ',tt ,in- . II records dpprnxul}ll cly s':v•_n Ind lo-.Ir-D::1Lits (1.4) .-,,cr -t: coirityed to ,irinl - 1lOttiCt and C!Icuri' . : e ;i.tt by warrant, d.:.al dd Ltd ,.,,c..er. 2, 1•LIS, 'and recorded to book. 1u7, -IL l.:2- ._ '3/, at t., • r.•corus t.•. told Count: (',Colorado; also ::xc,•pt in;, .1 strip or p trcr•l. of lain,' .(:n,..: ,•,1 to tit �iortht•rn Construct inn Croap: il, h: Ita`rr:lat', t'r -d d.11.-- : n,:'i Ir . , t:•, 1:105, and r.•cnrded In Loni. 73, at I'•\l„' 243, o! to • r.•r,.r'L. t ; .. I.i Can ISf Colorado', ;Ind also csc,•pt fay:, 1 rot safd- nett ion 3 I ::it i,. ,•t ,r. •L t . Nutt: (land conveyed L0 The Nutl• rn .CbtlStt'uctlott COinodh•. h- 1:-IVY:tit, . . doe•tl 1 dated I•ahruary l.rt:1, Dui, and r.•cord:d in haul: 73, at pa;.,• 747, of lu.D records 01 held Count' , Colorado) ; hat Co,-t tile, hit.. .111 'lite., and ',.(Lary etbhts appert:tinlnl; to so Id pi y, Ises, int.-Indio!' '1 soarer n( [ilk' capital is Lock of 'file ;ILI;i11.u1J DLL., Compull and 21.•' .,111res ei tar cay•i1.11 stock '01 Tin: 1'al'nIPrs :xta•IIGi011 Ditch enmpall,, also all r i; ilt, lit 1,' anti it,- I i terest of ❑P• ',r,l11tn1's in and too a C,•rt.liit r.•a,'r vela r, ;It'lilt it l.'9 anti i i.water rt!ults, h:notm as Lie "Hill Rascrvui r", said res,•rvotr .Livia; I; 'uior Le) No, 4, as u tee first , l .:eitr .rry, 1„/v. wit!,nil its appurtenances,and wn rant the title to the In, subirtt to I, 6 i 1i I Signed and delivered this Lit.' day of D,'Ct•:llli. t .A.U. t?•lh. l III in the pl.+tote or I 2 se' .'.J/''«�<r� ISEAL) I 2 n .� /x '&� I �. .IOU .•r (SEAL) ) • former 1:..• g.�..d M. *ILL., STATE OP COLORADO � (jl?\L �I County �of Boulder, i • 17th day of December, j The foregoing lnatment was acknowledged before me etas m tn58 , hr• D. '••ILSON McG\i;1Y, H. C. McC.1!&TY, and d-dL:7: M. !ICI:::L, tormeely Witness my hand and official seal :ISLSS F. ::c G\::TY. • [[ Myeoalmi.ainnexpires July 22nd, 1959. ' y�� i //lass�iLL./ 1,''st Cl.L_ i 44 ... tv_ 1 4 -u— n t �Y an^ 1 •Ind lNhvrl eta Ilnnin n:•a.n..la.len nr..M1l YICc'rl•,,�1I.rl...b: ' �_ Ft •It hl nntunl mt...n n:-t...nn b.-1""t n _ ,ta n•I..e••Men.ne Jn+r,MI- r I.v r 1.f n 'nn''''''"',lino nnetl .n ul,n • •.want, ,....� „Net ott.e t.ucl ww-www,k.y nu. , ru 1-,ell..n,,k•n In.rtt . ..t watt,..Itn.r a sleet u ilia pMn to , Ac,nu,rled;fl en.Serra.,Ile - . ,r., .S.2. Yna ta.wl Lein n:.n\O le.Lte 3lu.t.a,t4avn,I.l.n.. Hello