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Home My WebLink About20002234.tiff • .'•. 121I!II.III 111,Il1 hill 1!,li!diclii 111I1111,1Imi 1111'111 eVr a ,of �2721:R 12311 0 OAO an Reltl LaJA cnR'GG RECORDED EXEMPTION NO. 0707-29-3-RE-2789 • (0330 • • . i N 1/4 CORNER SEC.29,T7N,R86W FOUND MONUMENT AS DESCRIBED IN R Ere!DESCRIPTION MONUMENT RECORD A parcel of heed located in the Southwest Quarter of Section 29,Township 7 North,Range 66 West of the Sixth Principal Meridian.Weld County,Colorado Wing mine partiwlarlydescribed as follows: W 1/4 SEC 29. T714,R8871 NOTES: All that part of the So-Wwesequester of said Section 29 lying South and Fast of the Latimer and weld Canal RESET MONUMENT— 3 1/4`CAP ON 1.ALL PROPOSED ORSCI.STITRI STRUCTURES WILL N¢ETTRB NEND4LIAEDNA.AHD OFFSET Said parcel contains 128.414 omen,more or km Bs REBAR LS 16425 CENTER 1/4 SEC 29, T7N,R66ri TOTERDENNISFDRTRBIDACKIN THE V IN IEW COUNTY PROPERTY LOCATED.PURSUANT MONUMENT— 3 1/4"CAP ON Iy6 -or®➢HMI[ION OP EetHAcxINTaa wntD CCIrNRrzowaOORDWANCE,THE We,�ha undersigned.brie ' REBAR LS 16425 E 1/4 CORNER SEC. 29, T7N.R86W Mg/AM aEIBACR I9 MEASURED FROM TEE MIME RUH'02 PURIM . �Ca being solo owners in lee oldie above described \ / FOUND MONUMENT IN MONUMENT BOX Property do herebysubdividemaylocated a9 shown on the attached map.We • !19°197tYB \ / 3 1/4`CAP ON/6 REBAR Z AANYPHIGRS>RUCTURESORusES ON BDE MAT OBTAIN THE APPROPRIATE ZONING undertmd this property is located in the AGRICULTURAL roue disci:and 1 77467 ♦ YM3B \ T ' / 'GC.;.. is also intended to provide areas for the conduct of otherasn I \ • \ \ \\� / 9.51,27 SUPPORTS n APP17CATICNOFRECORDEDEXESIr12002.HOR �right, I \ \ •`\ \ \ / R13CORDED&`01dPTI0N9ON AOTAC@Tl'PROPBRl3H4 Pi➢S.RA189 THEl VBOP COMPLIANCE Accessory uses,end mashy special review. \ \ ♦ •\..r !' / WIDI;TES INTENT OT THRP.ECORD® RONPROCSfS.APPROVAL OF TEES RECORDED \ \ f{%IMIi0ND0IL,NOT GOAMNTPB APPROVAL OP FUIVRB AIWIJCAItONS ON ADIAC@t2 _Y. \\ .\\ PNGYP3CIlE9. Donald O dQ4a�[e,0�/F'�r��Y�6�✓^f/�`�' ,L.Radmonel YC 11LL'IOC • l • I \ A PRIOR TO RELEASE OF ORIDING 0222,177.TEE APPLICANT SEALE stamQT2200CE TO \ \ DIE DEPARTMENT OF Pr.AIWINQ SERvr®RHAT•HE LOTIW AN ADEQUATE WATER SUPPLY OP 5UFFRCEENT uALRTAND DE8PNDABITm. ing boo was acknowledged N N\ 0 The edged befom meth!, dry \ of rp� AD.,2000 N S.SU➢mTICON 010ESBRU000IP WAS APPROVED IN CONNNCION WISH THIS RECORDED / 4t, \ N FXPNi0RONPOR THE PURPOSEOF DIVIDING OFPASECONDSECT'ORHUTTING MyCAmmisnooExpim L/ 10P • \ IMPROVE:24DM FROM THE PARCEL. Y iK4 N I \ • 1or� cL \ ` A MORD,DoE...ASHER BU➢DEIGPEFWITE.7EH APPLICANT SHALL SUBSET A Notary PubLc ,� YI A \ 1 escoa W08.0N0tRID0G THE toruPON WHICH ale HU¢DDIOPFRyarta AMParnID f \ �4 - LARIMER AND WELD CANAL J 0902208 BUILDING APPLICATION.IRE ERDALD21 oat ON StRCAME SHALL ,�(PAy.�j� '` IfinS1.\\' \I •1 N1 INCLUDE THERM OCS[ONAnON AND RECORDED E%PMPI[CNNU6HPA Witness my hand sod sell fl .et, ,�� '7 \ \ 7.SHOULD NOXp&E NEEDS 02ETON THE PROPERTY,oRBBWNBBSTABI)HNPDASA V RESULT OP DEB PROPOSED DEVELOPMENT,THE APPLICANDLI ANDOWNBR SHALL BE B�B�pyyypjjEs \ • ` 5612707"6 128.98 RESFONE®LP.FOR CONFRCILIAbIT¢ND%IlR18WF$1B,PUR9ANRTOOR➢INANCB RIBRA r ... [j N EASEMENT CERTIFICATE {sal{ N 1 \I S36°43'Sg"R 278.9$' RIGHT TO FARM COVENANT We do hereby dedicatq for the benefit of Me properties drown or \\ •1 1 The Comfy oco iltoo of th omost productive agricultural cawtsoo 20 are United Sinks. described hereon.easements for lee piaposes brawn or dedicatedhereoo. \ ¢tty may be open and 51936095.Ira they are intensively \ •• \ used for aWicuhme Persona mavwginto aTaoal veer must recognize there are �T/v!> j/d�/I-GGIf.VW� � I \ \ drawbacks,Excluding conflicts with long-standing secants'prudent and a lows >�Sc7 A,1 Q level of cervices than in town. I 1 , \ N06.13'1B'6 271.44' a Donald L.Rothvani R/E.Bottum.' \ NAgricultuml➢urs of the land should not be expected to change MtnIoog-eslubliehW I \ •I 1 \ l apiculture' tunnm agricultural nctin'b®will tago0eatn o off-site of urban users into antral uw. 9 9 ; BOO`O/\ tractors and equipment duet from animal pens,field work,harvest,end graveimpacts,including noise r p accepted awl approved for flip ° _ 11 •.1 9 Oodor form animal em,stL,gv,andoum.,smoke from ditchbtbning:6imm Ms �U Viz46.0,__, &J I1 4, ,e1and mosquitoes.The use of pesticides and fertilizers in the fields.tt lulling the use of JY 1- I j—�... ��\ 1 ( FS 7 dentleldnstopment 4 aerial coming.Ditches and oiacon ot Olson ly be cOo!dovedourafthewryof < ♦/J \♦ \ 1Sold,whichbesreutialWf Wec&eientdeGvery ofimigatian to �._� sd of(`oro I `•-\ N. \ I I N39"18716"8'468.0!-- SQ3a17t23'W T48D4' """'""'..41,` t /�� •. Ns,,,,\\�� /f .• I Del Weld with more than 3,700 miles ofame a tyromyoutside Covets a lawl men of over 4,000 squats mites in size ofce re Stetson • y Clerk to the Booed \\ `\ / / ¢rode pertiea.17x sex magnitude of her area served one nhmno'AOab:e p. Oon i r / / / ream:nes.Law enforcement u base on oases M .Ira •\ �� • / o- / of the county end the dimmers which�be 2000 may��ecu coao parrot', �t I `—'�• / / r . rer+.ruses,including law�rcemeo4 ambulance.and fire.Fva �vap7 !Ik','H w DUO: (/.,y,y_OO _ vdkg teers_ tm1,02dt is ;''::t' awls to the[ioeni I •---- providedgravel roads,noutt leave bowobs oftenrespondthe willCO � 30'ACCESS AND provide theseme End of surface expected from apavadd rued Snow removal _from not be cleared for several O w I g UT1L ESMT. priorities Mt=dap Mks a major snat owstorm.Snow removal ons to ofomails wals within sabdiviaions are of the U lowest priority for public works or may be the private resp®sbdGH of the • ^ b�, 1 L OT o II . homeowners.Services m rural area,in many errs,will not be equivalent to • 6. tE5�, 128.414 ACRES 3 I i.�•••• muniuipvl sea-vices. ..F Children arc exposed to different havrds in the;misty than km when setting.Paint S[TR4'EYOR'S CERTIFICCERTIFICATEI I 'b equipment and oil field equipment,ponds and irrigation ditches,electrical power for 4wded T.Nem aRgimed?enured LIM Sonya Mlle Sue ofWanks&oebyctifyt m- etlitRdd • I - I..Z pumps and eoata phiotoperetiocf.t'gh sped truffle,sand bma,p'mc000 vines, Exempt®pleats PrpeTd,D myp,00l agatiwa col 9n WepWhmoroattreptreerm tend rrahr I Is rerrikaiel Cum dogs,andllvesmckpnsmtrealtswoo to children Controllingmrifydm'knrm'Fedi:sp5a wmpYaarh ellapptmhkndes repletion and tm of 940*fathea�Svc ikvsd of • children's activities is important,not only for then whey,but also for the protection of Fe;etn8m Redonmil And Pmfta.irad led Weldfoat. 1 I I I_ the farmed livehload I , I I Wank glisten=416425 • •1 1 `Ott AEC;; AL 1 i o�i:'i;�Oile1 1-4:1 I WCR 7E �:� TM�•, /a�J SEC 29,17N,11.66W ry�eMI N Aft' A` Iy 3 I",200' i T•� I 07 A BASIS OF BEARING:SOUTH LINE SW I/O SEC.29.T7N.RCUW 5 B9•:0'20•E;A55UMEnl `. J I N MONUMENTED AS SHOYll HEREON L I ¢ NR9°1 8'Ti 2.•dr16T —I 3 LOT B 0 2OO 50 SW CORNER SEC.29, 77N, R66W WELD COUNTY ROAD 76 -I---a NOTES: FOUND 2 t/2`CAP AS DESCRIBED IN WCR 76 NOTES: MONUMENT RECORD FOUND 2 1/2"CAP IN MONUMENT Y! . /1� BOX AS DESCRIBED IN MONUMENT t�T\ RECORD I FGE NO PHWAISP5ASIDENTSAtmuCIBTROTWA'rs EAebtgrs�ra�fH®OISNnwtrtNIIIIDAL O.RHrn NOT -/PV�� ,f SECTUMV CORNER 090000NT FCUNO DRUM Wit EINIs To a2liOwNm LL HERWAN TE ESTCATE➢' 1 \[� 0 SECTION CORNER MC.VUMENT SET ACllOPPIWO D ORDPAIXNAII,SOU BUSTCOTBBMByryIEGAL ALININRL n UPWIANT➢EiIR IX=TAINT �J�f 7771201080tEW AFDRTW FHSTB5E➢VESSU'BEDICT.PI t0 LVN TUITAI TACCONEUFE @QVA:Y CA)1 a • VICINITY MAP —IaaiT Of WAY OR EASEMENT LAE °Dirt.TSa RIMBBECIODI�1WRF TEC RN WARS AMIDE DAR 0FTE9®.REICATHNS80a•N `)j N07 TO SCALE — CENTER LIRE of DITCH OR CANAL ' • • I I RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION #2789 - DONALD AND JOAN ROTHARMEL 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 #2789, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land," and WHEREAS, the request for Recorded Exemption #2789 was submitted by Donald and Joan Rotharmel, 13459 Weld County Road 76, Eaton, Colorado 80615, for property which is located in part of the SW1/4 of Section 29, Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado, being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A," said plat to be recorded, and WHEREAS, this request is to divide the property into parcels estimated to be approximately 117 acres and 2 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 #2789 by Donald and Joan Rotharmel 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. The applicants shall provide the Department of Planning Services with a certificate from the County Treasurer showing no delinquent taxes for the original parcel (mother parcel) area. B. A minimum 30-foot wide joint access and utility easement extending across Lot B from Weld County Road 76, for the benefit of 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. C. The right-of-way easement shall be a graded and drained road to provide all weather access. 2000-2234 C`C' AZ, /) Ef/Aar177e) RE2789 SE #839 - DONALD AND JOAN ROTHARMEL PAGE 2 D. The applicants shall provide the Department of Planning Services with evidence of a recorded copy of an access and utility 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. The Subdivision Exemption lot shall utilize the existing residential/agricultural/oil and gas/ditch road accesses necessary for agricultural operations. No circle drives or additional accesses shall be granted. F. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved access. If a drainage culvert is required, a 15-inch CMP is the County minimum size. If the applicants choose to place a larger culvert, contact the Department of Public Works to adequately size the culvert. G. Weld County Road 76 is designated on the Transportation Plan Map as a paved 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 76 shall be delineated on the plat. This road is maintained by Weld County. H. 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. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) The text of the Right to Farm Covenant as stated on Page 7-1 of the Weld County Comprehensive Plan, effective March 25, 2000. 3. The applicants 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 11.15.9 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty (60) days from the date of approval by the Weld County Board of County Commissioners. The applicant shall be responsible for paying the recording fees. 2000-2235 SE839 RE #2789 - DONALD AND JOAN ROTHARMEL PAGE 3 3) Staff supports this application for Recorded Exemption; however, subsequent Recorded Exemptions on adjacent properties will 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. 4) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that the lot has an adequate water supply of sufficient quality, quantity and dependability. 5) Subdivision Exemption #839 was approved in conjunction with this Recorded Exemption for the purpose of dividing off a second set of existing improvements from the parcel. 6) The text of the Right to Farm Covenant as stated on Page 7-1 of the Weld County Comprehensive Plan, effective March 25, 2000. 6) Prior to the release of building permits, the applicant shall submit a recorded deed describing the lot upon which the building permit is requested with the building permit application. The legal description on such deed shall include the lot designation and Recorded Exemption number. 7) Should noxious weeds exist on the property, or become established as a result of the proposed development, the applicants/landowner shall be responsible for controlling the noxious weeds, pursuant to Ordinance #169-A. 3. The applicants 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 Weld County Board of County Commissioners. The applicant shall be responsible for paying the recording fees. 2000-2234 RE2789 RE #2789 - DONALD AND JOAN ROTHARMEL PAGE 4 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of September, A.D., 2000. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ' � `! a EXCUSED ar�ir ♦ Barbara J irkmeyer, Chair Weld County Clerk to th ;ai4ists,� 11A' v�� t �h� (AYE) C� � 1 M. ede Pro-Te BY: G� of �:' �\ 7 Deputy Clerk to the Boa a� (AYE) e E. Baxter APPROVED A TO FORM: (NAY) Dale K. Hall un Attorney (AYE) Glenn Vaadc - 2000-2234 RE2789 DEPARTMENT OF PLANNING SERVICES lig O RECORDED EXEMPTION COLORADO ADMINISTRATIVE REVIEW PLANNER: Chris Gathman HEARING DATE: September 18, 2000 CASE NUMBER: RE-2789 APPLICANT: Donald &Joan Rotharmel ADDRESS: 13459 WCR 76, Eaton, CO 80615 REQUEST: 2-Lot Recorded Exemption LEGAL DESCRIPTION: Part of the SW4 of Section 29, T7N, R66W of the 6th P.M., Weld County, CO. PARCEL NUMBER: 0707-29-000022 PARCEL SIZE: +1- 119 acres ZONE DISTRICT: Agricultural WATER SOURCE: North Weld Water District SEWER SOURCE: Septic systems The Department of Planning Services'staff has reviewed this request and has concerns for the following reasons: 1. It is the opinion of the Department of Planning Services' staff that the applicant has not shown compliance with Section 11.4.2.1 through 11.4.2.6 of the Weld County Subdivision Ordinance, as follows: a. Section 11.4.2.4-Consistency with the purpose of efficient and orderly development as expressed in Section 1.3 of the Weld County Subdivision Ordinance. 1) Section 1.3.1 -Assisting orderly and integrated development. Creating an island lot surrounded by another parcel that does not border public right-of-way may lead to access problems upon sale of the property and therefore is not assisting orderly and integrated development. 2) Section 1.3.5-Encouraging well-planned subdivisions by establishing adequate standards for design and improvement. Adequate standards for design and improvement have not been established for this area, since this is a Recorded Exemption application. If the area had been developed through a traditional subdivision process,standards would be established for adequate water,sewer,fire district requirements, impacts on schools and other urban type services. b. Section 11.4.2.5- Compliance with the recorded exemption standards set forth in Section 11.8 of the Weld County Subdivision Ordinance. 1) Section 11.8.3-An adequate legal access exists for all proposed lots to a public road. All accesses shall be in accordance with Section 3 of the "Weld County Public Works Policies"; Ordinance No. 180, as amended. The proposed recorded exemption configuration would create an island lot(Lot A). Lot A would use an existing dirt road for access. Legal access would be provided through an access easement. Planning staff has concerns that this access arrangement may cause future problems when Lot A is 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." Lot A does.not meet the minimum standards of a flag lot because it does not border the public right-of-way at all. Should the Board of County Commissioners approve this request, the Department of Planning Services' staff red`ommends the following conditions be attached:. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2. Prior to recording the plat: A. The applicant shall provide the Department of Planning Services with a certificate from the County Treasurer showing no delinquent taxes for the original parcel (mother parcel) area. B. A minimum 30-foot wide joint access and utility easement extending across Lot B from Weld County Road 76, for the benefit of 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. C. The right of way easement shall be a graded and drained road to provide all weather access. D. The applicant shall provide evidence to the Department of Planning Services a recorded copy of an access and utility 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 re tion er. 1.41-5 E. a shall utilize the existing residential/agricultural/ditch road access points necessary for agricultural operations as no additional accesses shall be granted. F. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Public Works Department 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 Public Works Department to adequately size the culvert. G. WCR 76 is designated on the Transportation Plan Map as a paved 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 76 shall be delineated on the plat. This road is maintained by Weld County. H. The applicants shall submit evidence to the Department of Planning Services verifying that the occupant(s) of the mobile home permitted by MHP-1190, for temporary accessory farm use, are principally employed at or engaged in the farming operation on the property in accordance with Section 43.2.3 of the Weld County Zoning Ordinance. The evidence shall consist of tax records, employment agreements or other documentation as determined suitable by the Department of Planning Services. Failure to submit the required documentation may result in cessation of the allowance of the mobile home for temporary accessory farm use. 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. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Staff supports this application for Recorded Exemption however subsequent Recorded Exemptions on adjacent properties will 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. 4) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that the lot has an adequate water supply of sufficient quality, quantity and dependability. 5) SE-839 was approved in conjunction with this recorded exemption for the purpose of dividing off a second set of existing improvements from the parcel. 6) RIGHT TO FARM COVENANT Weld County is one of the most productive agricultural counties in the United States. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. 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;dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; 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. 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. 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 powerfor 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. 6) Prior to the release of building permits, the applicant shall submit a recorded deed describing the lot Item Comments Check Proper size of plat 24"X 36" or 13"X 24" Boundaries of Lot(s) Scale Suitable Scale? (Approx. 1"=200'or 1"=100') *� Access indicated Shared access? If so,is Easement Certificate included? Roads labeled. including R.O.W. Building Envelope(s) N/A3 Vicinity Map Suitable Scale?(Approx. 1"=2000'); Not on SE North Arrow Legal Description Notes from Planner/ Development Standards Conditions Of Approval completed? Ow'ner's Certificate Notarial Certificate included? If deed indicates two owners,have both signed the plat? Surveyor's Certificate, Ali surveyed plats Surveyor's stamp Note: USR plats do not need to be surveyed Director of Planning Certificate Notarial Certificate included? (RE, SE,SPR, Final PUD. if Staff Approved) Planning Commission Certificate (USR's, COZ,) Board Certificate (USR's, COZ,Final PUD but not if it was Staff approved) *RE,SE&ZPMH, if Board approved. J`{ Typical Road Cross Section If a COZ, Final PUD !v (P Easements If Final PUD /A Please return the plat to CAD Tech. within 24 hours of receiving the plat. Planner On Call: (Initb d&ta„..._ Planner Signature: O Date: 1 7/CC a R`L; ORDED EXEMPTION CRI T ERIA- r-IECKLIST (STAFF USE) 41614 ail . COLORADO y� APPLICANT: ._9 c-iv\a\k .Cta.{,. �6 u , CASE#: 'ZE- 2'7 J : REQUEST: �, Recorded Exemption�( 2- Lot) LEGAL: r ► • ,kA'�'�7, Section_ 2,c 1 , T ---/ N, R W of the 6th P.M., Weld County LOCATION: !J of&Adjacent to \NCR —go & e- of&adjacent to WCR 27 PARCEL ID#: 0101-2°1-000(3 Z2 ACRES: I i i +/-acres DATE RECEIVED: (4//Z/00 1. Zoning and USDA SCS Soil Classification Zoned A SCS pc-;Hv....a_ Yes No N/A 2. Will the proposal make future farming practices less efficient? (11.3) 2. Lot A ❑ ❑ Lot a X a 3. Will either lot(s) be used for agricultural purposes? (11.3) 3. Lot A ❑ ; a Lot B X o a 4. Conservation Easement or open space proposed or required ? (11.3) 4. Lot A a `A ❑ Lot B ❑ > ❑ 5. Does the application meet Public Works requirements Orinance 18q? 5. Lot A X o a (11.3./13.4) (0v0..S•14O' cam.\ock yct'O Z\i.t o' . \ Lot B ❑ ❑ (O..cce_ S e ase.m.0 . i'6,\. tiU k '�\ 6. Lot A ❑ ID6. Will the application/site use existing housing? (11.3.6) LotB a a • 7. Building Envelope proposed or required? (11.3.8) 7. Lot A ❑ a Lot B ❑ = R ❑ 8. In-house water- quanta , quality and dependability? (11.3.4) 8. Lot A y, ❑ ❑ Letter in File? 'i Q. , Lot B ', o ❑ 9. Water availability: crops, lawns, gardens and maximum animal units 9. Lot A o ❑ '$ as allowed by right or Special Review.Permit? (11.3.4) Lot B I' o a 10. Has irrigation been removed from the application site? (11.3.4) 10. Lot A c ❑ If so-when? Lot B a o 11. Is the application consistent with current and/or future land use patterns? 11. Lot A 23, a o (11.3.9, 10, 11) Lot B ❑ a 12. Does this application create parcels which would limit future land division? 12. Lot A o a (11.3.9, 10, 11) Lot B o 7( o 13. Have either parcels of the application been partof a previous Recorded 13. Lot A a x' ❑ Exemption? (11.8.8) IJ O R Lot B ❑ rK o WELD CDUMI Y,CULUILAULI DEPARTMENT OF PLANNING SERVICES PLEASE TAKE THIS SLIP TO THE FRONT DESK -- C� Wvi DATE / RECEIVED FROM , 7 �� %' ✓`� ��_, NO. TYPE FEES (422 -nsE 4221-1 ZP'Mi MF12PIZPAD 4221-USR 4221 -SITE PLAN REVIEW _ 4221 -COZ 9221 -PUD 4221 -SUBDIVISION • 4221-BOA r� 4221 -MINOR SUB 4221-FHDP/GHDP 4221 -REPEAT 6566-RECORDING FEE 4430-MAPS/PUBLICATIONS 4730-INVESTIGATION FEE • 4430-POSTAGEIFIANDLING ON-CALL PLAN 1(��/ � CASH C ECft NO: _ TOTAL RECEIPT # Chris Gathman - Rotharmel Agreement Page 1 From: BRUCE Barker To: NORTHDOMAIN.NORTHPOST.CGathman Date: 11/13/00 11:04AM Subject: Rotharmel Agreement This is a rather odd agreement, because it is the same people agreeing with themselves to do something in the future. The concept of merger usually plays into these types of agreements, meaning that the agreement becomes void. Its like you're agreeing to change the oil in your car-- its not really an enforceable agreement because there is no one who can enforce but the person who made the promise. However, this instrument does have some beneficial effect in that it sets forth what the Rotharmel's will expect from the people who purchase one of the lots from them. Sort of a covenant at that point. Bottom line is that this is OK because it acts like a covenant and we also have the dedication of the easement on the plat. Bruce. FROM t TRAVOIS LAND CO GREELEY CO PHONE NO. : 9703789311 Nov. 05 2000 12:04PM P2 EASEMENT AND UTILITY AGREEMENT THIS AGREEMENT, is made by DONALD L. ROTHARMEL and JOAN E. ROTHARMEL of 13459 Weld County Road 76, Eaton, Colorado 80615. Backatround of Easement Agreement As of this date, DONALD L. and JOAN E. ROTHARMEL are the owners of Lots A and B of Recorded Exemption No. 2789 as well as Subdivision Exemption Lot 839 as each of those properties is located in the Southwest Quarter of Section 29, Township 7 North, Range 66 West of the 6th P.M., Weld, County, Colorado. As a condition of approval by the Weld County Board of County Commissioners the ROTHARMELS are required to prepare and record an Easement and Utility Easement as more filly described herein with the Weld County Clerk and Recorder's office. The ROTHARMELS are recording this Easement and Utility Agreement prior to the transfer of any property owned by them to any third party with the desire to identify the location of said easement, including provisions for maintenance of easement, provide for the right of ingress and egress and to identify the effect of this Agreement as it relates to their ownership, and their heirs, successors and assigns. NOW, THEREFORE, DONALD L. and JOAN E. ROTHARMELC. do hereby publish the following easement: 1. Grant ofEasement: For the sum of Ten and no/I 00 Dollars ($10.00) and good and other valuable consideration, the receipt of which will occur at the time of conveyance of Lot A of Recorded Exemption No. 2789 and Lot 839 of the Subdivision Exemption DONALD L. ROTHARMEL and JOAN E. ROTHARMEL do hereby convey, deliver, transfer, by this instrument to the original owners of Lot A of Recorded Exemption No, 2789 and Lot 839 of the Subdivision Exemption as well as their successors and assigns a nonexclusive easement for purposes of ingress and egress and utility access over Lot B of.Recorded Exemption No. 2789. The description of the easement is contained in Paragraph 2 of this Agreement. The easement is for the benefit and appurtenant to Lot A of Recorded Exemption No. 2789 as well as Subdivision Exemption Lot 839 both of which shall be identified as dominant estates. The easement shall burden the land described as Lot B of Recorded Exemption No. 2789 which shall be designated and referred to as the servient estate. 2. Legal PsiCl'tRtiRnsf,E s9rneat: The easement shall begin at the Southeast Corner of Lot B, which is immediately adjacent to Weld County Road 76. The easement shall extend a distance of approximately 1,600 feet North of the North line of Weld County Road 76 and shall be 30 feet in width measured from the East line of the Southwest Quarter of Section 29, Township 7 North, Range 66 West and shall parallel the East line of Southwest Quarter, Section 29, Township 7 North, Range 66 West. 3. Purpose of the Easement: The purpose of the easement described in Paragraph 2 is to provide nonexclusive ingress and egress over and across Lot B for the purposes of access to Lot FROM :' TRRUOIS LAND CO GREELEY CO PHONE NO. : 9703789311 Nov. 05 2000 12:04PM P3 A and Subdivision Exemption Lot 839 from Weld County Road 76. An additional purpose of the easement described in Paragraph 2 is to provide for nonexclusive access for public utilities to provide utility service to either I.ot A of Recorded Exemption No. 2789 or Lot 839 of the Subdivision Exemption. Public utilities shall he defined to include but not be limited to, domestic water service, electrical service, natural gas service, or any communication utility, Parties entitled to utilize this easement are the owners of Lot A of Recorded Exemption 2789 and the owners of Lot 839 of the Subdivision Exemption, any guests of'those owners, any agent or representative of a Utility company who is attempting to provide service to either of the Lots and any authorized representative of a fire, police, or emergency service provider who is attempting to provide public service for either of those Lots. 4, Reservation of Access on the Easement for the Owner of Lot B: DONALD L. ROTHARMEL and JOAN E. ROTHARMEL reserve for themselves, their successors and assigns a perpetual right to utilize the property subject to the easement for access to Lot B for any purpose, included but not limited to farming, general access to Lot B, or the placement of utilities which would service Lot B at a future date. Lot B is Lot B of Recorded Exemption 2789. S. Maintenance of the Easement: The maintenance of the entire width of the easement and any road located thereon shall be the exclusive responsibility of the owner of Lot A of Recorded Exemption 2789, The owner of Lot A shall be responsible for the construction of a road which shall be a minimum of 20 feet in width and shall be constructed in a manner which causes the road to drain on a regular basis and provide an all weather surface. Once the road is constructed, it shall be the responsibility of the owner of Lot A of Recorded Exemption 2789 to maintain the road and grade the road at all times to provide all weather access to the property. In the event the owner of Lot B of Recorded Exemption 2789 or the owner of Subdivision Exemption Lot 839 believes maintenance of the easement or any road located thereon is necessary either of those owners shall contact the owner of Lot A of Recorded Exemption 2789 in writing and request maintenance be performed within fourteen days of the receipt of the written notice requesting maintenance. In the event maintenance is not performed by the owner of Lot A after receiving a written request, then, in such an event, either the owner of Lot B of Recorded Exemption 2789 or the owner of SE Lot 839 may perform the requested maintenance or hire agents to perform the maintenance and recover the cost of maintenance from the owner of Lot A of Recorded Exemption 2789, Should the owner of Lot A of Recorded Exemption 2789 fail to respond to a written request for payment for maintenance the party requesting reimbursement may initiate a civil action in the State Courts of Colorado in the District or County Court to recover such sum together with the cost of the action and any attorneys' fees incurred to enforce the request for payment, 6. Effect of this Agreement: It is the intent of.DONALD L. ROTHARMEL and JOAN E. ROTHARMEL that this Agreement shall hind and obligate not only themselves but their heirs, successors in interest and assigns to insure this nonexclusive appurtenant easement over and across Lot B is created by recording of this instrument. FROM a TRAVOIS LAND CO GREELEY CO PHONE NO. : 9703789311 Nov. 052000 12:05PM P4 IN WITNESS WHEREOF, the ROI'HARMFI.S have executed this Agreement on the date which appears adjacent to their signature with the intent this instrument hind them from the date of its recording. DONALD L. ROTHARMEL Date JOAN E. ROTHARMEL Date STATE OF COLORADO } }ss. COUNTY OF WELD Subscribed and sworn to before me this day of_ , 2000, by DONALD L. ROTHARMEL and JOAN E. ROTHARMEL. WITNESS my hand and official seal, Notary Public Address: My Commission bxpires: ; 4 "+s+,F :• '� }*:ak5:: "5ia .. z-7.) ,(n f3Y E �W s g �g it it u 9 9 �€. .4 r cam: rF,k$j u?+�n �a `#4 x,za.,€: 4$ ¢_4si' We` a 76 �s CYt5aT RE: Condition H. RE: 2789 September 22,2000 To whom it may concern: In regard to the double-wide trailer At 13457 Weld County Road'16,this letter IS to inform L. that r sNovember 2 r.. the x resident all concerned parties �,�of �UVv;,�i��'�•Operation, �,1.3�',i�;��::L1's7�i'ca�a.i��i.t��:��.of the trailer,� an yy�� pe the 1-_... 1"-'��55``� and S 6'.�I-i 1 will ale vacating f. t (- y e 4 s s and employee of�S.i��.7Lt�'..�iijii��.�'i� Dairy...�,�tsr?cS.i.ellr., l.Kw}� V(1�.'L�L3LL4 the premises r•a ed Bob and Judy Gagnon will be taking up residence. Judy Gagnon is my.rife.mans's sister. The Gaignonss were employed by us in the past, and they win once again be working for our .r .1 ming opemillion.Bob and Judy Gagnon will be living in the double-wide trailer x di as t .a'_._ C, _ s r�� our s��S{�y: our relatives i aSl as o:. 7a a.a employees. Sincerely:, Donald L. _R othat-mei \,.._./ RE: Condition H. RE: 27R9 Robert J. &Judy A. Gagnon 2600 South 70th i�p 10 L i acoln,Nebraska 6 506 September 22,2000 To whom it may concern: This lefter win certify.our intent to o+^,.e p r as our residence the.douh e-v.iide trailer at 1.4457 Weld County.Road 76 and to enter employment with our relatives at Rotbannel Fauns effective November 1,2000. _6„...14 ..., je/;.263__________--1 Robert J. &Judy A. Gagnon a - (tot DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices I 1555 N. 17th Avenue, Greeley, CO 80631 Phone (970) 353-6100, Ext. 3540 Fax (970) 304-6498 COLORADO September 18,2000 Board of County Commissioners Weld County Centennial 915 10th Street Greeley, CO 80631 Subject: Recorded Exemption-2789 &Subdivision Exemption-389 Dear Commissioners: Donald and Joan Rotharmel have requested a two-lot Recorded Exemption along with a subdivision exemption to separate existing residential improvements to occur on part of the SW4 of Section 29,T7N,R66W of the 6th P.M.,Weld County,Colorado. The 119 acre parcel is located approximately four miles west of the Town of Eaton;north of and adjacent to WCR 76 and east of and adjacent to WCR 27. Based upon submitted information, referral agencies, and the governing mechanism of the County, the Department of Planning Services' staff has concerns regarding this request. The applicants are requesting to divide this parcel into a 117 acre lot(Lot B)and a 2 acre lot(Lot A). Lot A would be an island lot that is surrounded by Lot B and would use an existing dirt road access. The applicants are also requesting a subdivision exemption to divide out a 2.3 acre parcel for the primary residence corral and storage building. This proposed parcel will also be an island lot. Staff has the following concerns: 1. The applicant has not demonstrated that this application is consistent with efficient and orderly development. The proposal would create two island lots that could create access problems/conflicts when these lots are sold outside of the family. Section 10.5.10 of the 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." Lot A of Recorded Exemption 2789 and the proposed subdivision exemption lot do not meet these minimum standards because they do not border the public right-of-way. Specifically,the Department of Planning Services'staff concerns regarding this request is based upon the application's inconsistency with Section 1.3 of the Weld County Subdivision Ordinance,which ensures orderly and efficient subdivision development within the county. 4 - The Department of Planning Services' staff requests that the Board of County Commissioners consider the recorded exemption application and subdivision exemption application and determine if the standards of Sections 11.2 through 11.8 (for the recorded exemption application) and Sections 11.17.1.1 through 11.17.1.4 (for the subdivision exemption application) of the Weld County Subdivision Ordinance have been met and adhere to the goals and policies of the Weld County Comprehensive Plan. Respectfully submitted, Chris Gathman Planner • a DEPARTMENT OF PLANNING SERVICES rei Weld County Administrative Offices 1555 N. 17th Avenue, Greeley, CO 80631 WEBSITE: www.co.weld.co.us IIPhone (970) 353-6100, Ext. 3540 Dc Fax (970) 304-6498 COLORADO September 18,2000 Donald&Joan Rotharmel 13459 Weld County Road 76 Eaton,CO 80615 Subject: RE-2789 and SE-839(Recorded Exemption 2789&Subdivision Exemption 839) Legal Description: Part of the SW4 of Section 29,T7N,R66W of the 6th P.M.,Weld County, Colorado Dear Mr. and Mrs.Rotharmel: 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 11.4.2.1 through 11.4.2.6. This application is scheduled before the Board of County Commissioners on September 18, 2000 at 9:00 a.m. I will recommend at the September 18 meeting that the application be continued until September 20,2000 at 9:00 a.m. This is due to the fact that I received referrals on the subdivision exemption application this week and did not have time to prepare a recommendation to be reviewed by the Weld County Attorneys Office by Monday,September 18, 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 DEPARTMENT OF PLANNING SERVICES re" Weld County Administrative Offices 1555 N. 17th Avenue, Greeley, CO 80631 WEBSITE: www.co.weld.co.us Phone (970) 353-6100, Ext. 3540 Fax (970) 304-6498 COLORADO September 15,2000 Donald&Joan Rotharmel 13459 Weld County Road 76 Eaton,CO 80615 Subject: RE-2789 and SE-839(Recorded Exemption 2789 &Subdivision Exemption 839) Legal Description:Part of the SW4 of Section 29,T7N,R66W of the 6th P.M.,Weld County, Colorado Dear Mr. and Mrs.Rotharmel: 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 11.4.2.1 through 11.4.2.6. This application is scheduled before the Board of County Commissioners on September 18,2000 at 9:00 a.m. I will recommend at the September 18 meeting that the application be continued until September 20,2000 at 9:00 a.m. This is due to the fact that I received referrals on the subdivision exemption application this week and did not have time to prepare a recommendation to be reviewed by the Weld County Attorneys Office by Monday,September 18. 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 I Chris Gathman RE-2789 & SE-839 comments for 9/20 BOCC meeting -Reply Page 1 j From: BRUCE Barker To: CGathman@NORTHDOMAIN.NORTHPOST, Date: 9/15/00 9:52AM Subject: RE-2789 & SE-839 comments for 9/20 BOCC meeting -Reply The only change I would make is to say a"minimum 30-foot wide . . . " Bruce. >>> Chris Gathman 09/14/00 11:32am >>> Attached are my comments for RE-2789 & SE-839. I am hoping to table these applications for the 9/18 meeting and reschedule for the 9/20 meeting to allow adequate time for review. Let me know of any revisions. Thanks. FAX TRANSMISSION COLORADO Weld County Department of Planning Services Fax: 970-304-6498 Phone: 970-353-6100, ext. 3540 TO: J ¢ IMav--� FROM: C_,,\As,S 6r-,c-,\\I\wk DATE: -!/I"�i/CO FAX#: 3-113 - 9 3 1 PAGES: (cjo( cyjq SUBJECT: ALA. � L�� cs� �- 3O1ocaf:SiOLN- P ©`-' 61/4g) Lc�'"1lcx.L CAw'�wt * ac' C9 kko- - oQ} {,©'`'npn` _ 1>�1�Wl4Yl��COMMENTS: A ftaciAj ate- 9 � ��-' ,Q 1 (.f vAvtAz.. -\--s o- r ,` a aAAA-. iTh r Ls vt -1.LA b C,c3c,t4viuta vv, p ��k 2O , 1 * • *0-- cs\s - AN. My 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. • September 13,2000 • Bethany Salzman WELD County Department of Planning Services Code Compliance Division 1555 N. 17t Avenue Greeley,CO 80631 • Bethany, The following is a list of items to review during our visit on September 14,2000.I wanted to make sure that I tried to address all of the issues that we had talked about on the phone on September 8,2000 in regards to your letter that you sent us. 1. After talking to you I checked with US West/Quest about both the address associated with our business phone number(303)828-9199,as well as the address that was being used in both the Longmont phone book as well as the US West/Quest DEX web pages.To my surprise,the house address was in fact being used.This was neither intended nor wanted on our part as we never tried or expected to use the house as a business location for the general public to be able to come to.That is the last thing that we want at our house.I immediately had the address that will be given to people when they call directory assistance changed to the proper business address that we have in the town of Erie along with the address posted on the USWEST/QUEST DEX web pages.That address is 400 Young Court,Suite 3,Erie,CO 80516.If you call directory assistance now that is the address that you will get.The web page will take about a week to get changed. Unfortunately,I can not do anything to change the fact that this address did get printed in the Longmont Phone book in both the white pages and yellow pages. These phone book entries were only supposed to show the company name along with the phone number. Obviously,that is not what has happened.It will not show up with the house address in next years phone books either. 2. Ail of the complaints seem to have started around the same time that we started receiving shipments of peat moss for the landscaping of our home.As I explained to you we purchased 3 rail cars of peat moss from Canada.That was the minimum shipment that we could get.Since this was more that I needed for our landscaping,I made arrangements with a local organic lawn&garden products company to sell them my excess.Part of this arrangement was for us to grind up the peat moss(process it)and put it into either buckets or bags as well as some bulk pallet containers.While I understand how this could be considered a business use of the property,it was and is a temporary activity that is all but finished. During this time we did use some temporary workers from Manpower.These individuals were never our employees,nor do we have any employees.We simply used Manpower to provide us with some labor so that we could process through the excess peat moss as fast as possible. The peat moss that is left at the house is intended for my own landscaping,tree and lawn planing that we plan on doing over the next 6 to 9 months.This project has already begun.There will not be any more peat moss delivered to the house,nor was there ever intended to be more that what we have already been able to obtain.There were never any plans to do any more that what has already been done. The peat moss that has been processed for this company will be finished and moved to our facility in Erie or already delivered to them within the next 2 weeks. We have a small pile of peat moss still inside to the front of the hanger where we will be grinding up the peat blocks into usable peat moss for our landscaping.We simply grind it up and then we will be moving it to the different locations in the yard that we will be using it.We will be using a bobcat to move small portions of the pile in the back yard to inside the front of the hanger for grinding up.Once it is ground up we will use it on our lot. We do not need nor do we intend to use any more temporary employees other than family members and occasionally maybe some friends that are helping us with our projects around the house. The machine in the hanger that we have been using to grind the peat moss is borrowed from my brothers insulation business.This machine is designed to grind up blocks of insulation and then blow that insulation through a tube into attics,walls,etc. Since the peat moss blocks were of a similar consistency we borrowed this machine from my brother,and it has worked well for what we needed. 3. This leads to what I have heard is a third complain and that is all of the stone that I have in the yard. This stone is also for my landscaping projects at the house.In fact since you visited the house,we have started laying out this stone and using it around the yard. We plan on bringing in additional stone for this project,both from our own quarry,as well as from other local suppliers of stones and boulders.In fact we have had dumped at the house 48 tons of river rock and 30 tons of boulders.This stone has already been used to landscape the front of our home.There will be more stone delivered of many different types during the process of the next 6 to 9 months.However,non of this is nor was it ever intended to be for resale. 4. It is true that we own 100 acres of quarry land on the Utah/Idaho border,which is where some of the stone has come from.However,our stone cutting and distribution has always either been direct to our wholesale customers or direct to our stone cutting operation that we have in Wheat Ridge,CO.I have never cut any stone or done any natural stone deliveries from the home.Any natural stone that is at the house is for our own use.We did do one shipment this summer of cut stone tiles from the hanger at the house.This happened once this summer when we ran out of storage room temporarily in Wheat Ridge. This storage issue has since been remedied with the building we have in Erie. 5. Now for the inside storage inside the hanger.Except for what we have done with peat moss for the last 2 months to get rid of the excess,the primary use of the hanger attached to our home has been as follows: a. The storage of our airplane and helicopter. b. The storage of some of our organic raw materials for the organic soil conditioners and fertilizers that we mix. c. The storage of some of the finished cut stone tiles that we processed in Wheat Ridge. As of this time all of the storage of the finished cut stone products has been moved to our other facility in Erie.We have also moved all of the finished product storage of our organic fertilizer and soil conditioner products to this facility as well.The only thing left in our hanger other than our own personal belongings and storage is some of the bulk raw materials for the organic products that we mix. This part of what we have done out of the hanger has been in place for just over a year and we never had any complaint that we know of.The only complaints that we know of started once the peat moss and more of the stone showed up at the house for our own use. After reviewing the information that you sent to me regarding what sort of uses can be allowed in our zoning area,I would like to pursue the HOME OCCUPATION option.We have looked at how much room we were using prior to the peat moss and prior to our summer storage shortage and we believe that we were in fact using less than 300 square feet prior to that time and what we would want to continue would also be 300 square feet or less. This use would be entirely inside the hanger and there would not be any storage of materials,product, equipment or tanks outside of the hanger.. This use is certainly secondary to the use of our home.We have 7 of us living in the house.My wife and I along with our 5 children. We currently store 1 airplane and 1 helicopter in the hanger along with my tools,table saws,etc.We also have some food storage that we keep in the hanger. We do not want nor do we intend to do any advertising at the home,phone books,Internet or elsewhere for people to know where the home is.In fact,I do not even want the 1 square foot sign that your paper indicates may be used in such use. Again there is no nor would there be any exterior storage,display or sales of any of our products or goods from the property. We do not have any explosive or combustible materials,raw materials, contents,products,etc.related to the use that we would propose.The only flammable storage inside _ the home would be the aircraft fuel that is inside the airplane or helicopter,which have nothing to do with the proposed Home Occupation use of the hanger. We are not trying to hide anything nor do we want to.We would like to work with your department any way that we can in order to satisfy these requirements as well as to help reduce and eliminate the complaints about what we are doing. We would welcome you to our home at any time to see how we have rearranged what is currently in the hanger,as well as from time to time to see that what we have stated is in fact what we continued to do. Also,for future reference,the address that your letter was sent to was our old address in Longmont. We do not live in Longmont anymore and our address is that of the property in question.That address is 4728 Edie Place,Erie,CO 80516. We appreciate your help in this matter and have no problems at all making sure that we are in compliance with the zoning that we live in. Thank you, Tr .Harmer 0/05/2000 06: 33 970-587-2162 KIELIAN CONSTRUCTION PAGE 01 KIELIAN CONSTRUCTION 23064 WCR 21 3/4 MILLIKEN, CO 80543 AUGUST 3, 2000 Attention Bethany Salzman: In answer to your inquiry about our business , we bought our place in Milliken in may of 1970 and moved our business here. We do construction work mostly in the immediate area. We have two employees who drive here every morning and leave their vehicles here until late in the afternoon when they return from the job site . We send two pickups to the job site at 6 :00 A.M. and they return at about 4 : 15 P .M. every day. On occasion they may have to make an extra trip for forms or a welder but it is not every day . We do not sell any product from here so deliverys for the business are delivered to the site, such as concrete, steel bldgs etc. If you have any other questions , feel free to contact us at 970 587 2162. 11 rU1 Sincerely, --- (73 X - �G (L O, �� 7 John Kielian Sharon Kielian yVera".®104 : 7 �ea„-m ofannlnGeK�t, °tee® ee®® Csivit Weld County Code compliance division 1551 N. 17th Avenue Greeley, Co 80631 Re: VI- 0000216 Greetings This letter is to follow up on the letter.I received as to the supposed zoning violation. I have not or no one else has ever rented anything stored on this property to any other company for as long as I have owned the property. The pipe stored on the property is junk or structural pipe that I have been and plan on using it to build fence on the property, as for the platforms I have no idea what you are talking about. Sincerely _ t �1Mike Witman OA— ac:e w ro pt.)-- ) tO c (}),:n *Z • .4 We'd County Punning Dept. .t. 08 2000 • August 4,2000i ' 9 � a o D v>, • Bethany Salzman Zoning Compliance Office 1555 N.171'Ave Greeley,Colorado 80631 Jay and Rhonda,Eachus 18034 Sagebrush Way • Brighton,Colorado 8060.E • Subject V1-0000221,Lot 5,Blk 1,Frotuan ilanchettes, Weld County,Colorado • Dear Ms. Salzman • This is a letter to advise you that we do not run a commercial business out of an arena on our property. it is ' correct that young men come to our house for practice,but there is no money collected.Many of these young men are in youth rodeo activities and this does give them a safe place to practice. • Any other questions please feel free to contact me. Sincerely, • Eachus �s Dada Each • • ° /q,°-1)/f4 • • • • • • • Stig-- \\\Ha DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1555 N. 17th Avenue, Greeley, CO 80631 Phone (970) 353-6100, Ext. 3540 WilD ® Fax (970) 304-6498 • COLORADO August 2, 2000 Board of County Commissioners Weld County Centennial Center 915 10th Street Greeley, CO 80631 Subject: Recorded Exemption-2789 Dear Commissioners: Donald and Joan Rotharmel have requested a Recorded Exemption to occur on part of the SW4 of Section 29, T7N,R66W of the 6th P.M., Weld County, Colorado. The 119 acre parcel is located approximately four miles west of the Town of Eaton; north of and adjacent to WCR 76 and east of and adjacent to WCR 27. Based upon submitted information, referral agencies, and the governing mechanism of the County, the Department of Planning Services' staff has concerns regarding this request. The applicant is requesting to divide this parcel into a 117 acre lot(Lot B) and a 2 acre lot(Lot A). Lot A would be an island lot that is surrounded by Lot B and would use an existing dirt road access. Staff has the following concerns: 1. The applicant has not demonstrated that this application is consistent with efficient and orderly development. The proposal would create an island lot that is accessed by a road that would have questionable accessability for residential and emergency purposes in the winter. 2. The applicant has not demonstrated that this application is promoting the health, safety, and general welfare of the residents of the County. There are concerns regarding residential and fire accessability during inclement weather. Specifically,the Department of Planning Services' staff recommendation of denial for this request is based upon the application's inconsistency with Section 1.3 of the Weld County Subdivision Ordinance, which ensures orderly and efficient subdivision development within the county, and conflict with A. Goals 1, 3, 4, 6, 7, and 9 of the Comprehensive Plan,which define appropriate development goals and policies within the Agricultural zone district. 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. Respectfully submitted, OkAik:3 v Chris Gathman Planner • a DEPARTMENT OF PLANNING SERVICES jit 4,41 Weld County Administrative Offices 1555 N. 17th Avenue, Greeley, CO 80631 WEBSITE: www.co.weld.co.us Phone (970) 353-6100, Ext. 3540 ligC Fax (970) 304-6498 COLORADO August 2, 2000 Donald & Joan Rotharmel 13459 Weld County Road 76 Eaton, CO 80615 Subject: RE-2789 (Recorded Exemption 2789) Legal Description: Part of the SW4 of Section 29, T7N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Rotharmel: 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 11.4.2.1 through 11.4.2.6. This application is scheduled before the Board of County Commissioners on August 14, 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 DEPARTMENT OF PLANNING SERVICES d 1555 N. 17th Avenue Greeley, CO 80631 Phone(970) 353-6100, Ext. 3540 Fax (970) 304-6498 1 Cs COLORADO June 27, 2000 Gary Gettman 614 14th St Greeley, CO 80631 Subject: RE-2789 A Recorded Exemption located on a parcel of land described as Part of the SW4 of Section 29, Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado. Dear Mr. Gettman: 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 Severance Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Severance Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call the town of Severance at 970-686-1218, for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. • Sincerely, tovv•-•.-_ hris Gathman Planner FIELD CHECK • inspection date: - CASE NUMBER: -'— APPLICANT: '� '`''' LEGAL DESCIPTION: 1---)+, , S W Yq 7 - 7-- ( ,,, LOCATION 3 0f and adjacent to Weld County Road -71,4:) '-4-1\--4'--�. '•1 A /7 A \ . N A (Agricultural) N n � f c), 1 �� ') E A (Agricultural) E 4?3 (( rz.;.picc,,r{! --� C,o S A (Agricultural) S . _ . :,--C,' =? '+C., W A (Agricultural) W A.k l 1,, , _ >� �.... . =� COMMENTS: . 'ar Pr-ovc).-.5e-c,Q, t.,,)19 ) L.11,1.. c ,ci a re"..-- .‘0,jaji,....._ at? ....F\ (is Jz^- ) +.. �e ter-'14 C ----..., A 1 i .� ^"� '"fir/Jf 17 � .1, IA y - 9 rg Chris Gathman, Current Planner U y.0 ta723J%-k a . .I t./..2`,`. C O1'-',-A,, . ,'t. %i1 ≤7 €" / 6n"t 1 ti 0,IA-4,k_ L 7....„- ��S q-5.:1 .O-4 Q-S (.C SC' ,,%1- %.4 ti fl \ '— i' ' '''''' t;,' ' t''r'/? Jv i � t t., s 3, —* 3 i � ----' u S lo,4-,-,:r-o, c1:s----. t•s^, S J S L�r1i�1 Li, p a h ci jhtt 11 " 'a arty "c ss `. WELir► APRLicATION FLAW SHEET COLORADO APPLICANT: Donald & Joan Rotharmel CASE#: RE-2789 REQUEST: 2-Lot Recorded Exemption LEGAL: Part of SW 1/4 of 29-7-66 LOCATION: North of and adjacent to WCR 76, East of and adjacent to WCR 27 PARCEL ID#: 0707-29-000022 ACRES: +/- 119 Acres Date By Application Received 6/12/00 JAC Application Completed 6/21/00 CG Referrals listed 6/26/00 CG Design Review Meeting (PUD) File assembled (0—a7—( Letter to applicant mailed b-a&-Cd D Referrals mailed 6 -23-80j . Chaindexed Vicinity map prepared Field check by DPS staff .7-2q-QO E.A. Administrative Review decision: ,3p« //4 g'/pip Date By County Commissioners Hearing Date(if y applicable) Surrounding property owners notified Air photo and maps prepared ('-iaZA CC action: CC resolution received Recorded on maps and filed ,d/tt 2 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 No_x_ Panel#08026675D I L�JARTMENT OF PLANNING SERVICE 1555 N. 17th Avenue, Greeley, Colorado 80631 Phone(970) 353-6100, Ext. 3540 - Fax# (970) 304-6498 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: Part of SW4, 5,29, T7N,R66W Total Acreage: 119 +/- Zoning AG - Parcel Number: D_?__ Z .g_4 Q 2_2_ (12 digit number -found on Tax I.D. Information or obtained at the Assessor's Office). Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No 1i Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes X No Does the parcel of land under consideration lie in any of the following Overlay Districts? Flood Hazard: Yes_ No X ; Airport: Yes No 7 ; Geological Hazard: Yes No x FEE OWNERS OF PROPERTY Name: Donald L. & Joan E., Roth.arrnelHome Phone# 45LF-2278 Work Phone# SAME - Address: 131+59 WCR 76 City/State/Zip Code E.etc,r C(7 Sin -15 Applicant or Authorized Agent: eery ,_ Gettmar, • Phone# 351_6333 3-7 2 - 3( Address: 614 14th St. City/State/Zip Code Greeley, CO 80631 Cr A-x 4. Name: Home Phone# Work Phone# Address: City/State/Zip Code Larger Parcel Smaller Parcel Smaller Parcel Applicable only for 3-lot Recorded Exemption Water Source N. Weld_Water N. Weld water Type of Sewer Septic Septic Proposed Use Agriculture res. agriculture Acreage 117 A. +/- 2 A. +/- Existing or No Dwellings Yes yes no, Existing Dwellings Address (if applicable): Larger Parcel 13459 WCR 76, Eaton, CO Smaller Parcel rump Smaller Parcel (applicable only for 3-lot Recorded Exemption) I hereby state that all statements, proposals, or plans submitted with thi! apylicat.ion are true and correct to the best of my knowledge. Rev: 1-27-97 Signature: O ner or Authorized Agent 5 RECORDED EXEMPTION QUESTIONNAIRE 1. Water Supply a. The existing farm improvements are currently served by a North Weld Water tap • and an additional tap can be obtained for Lot A. (see attached water letter) b. The applicant has 2 shares of The Larimer and Weld Reservoir Co., title and interest in King Seep Ditch, storage rights in King Lake and 1 irrigation well, and no shares have been removed from the site. 2. Septic An existing system serves the farm residence and the two farm employee residences. See attached permits#790313 and #790119 and 1 statement of existing. A new permit will be obtained for Lot A. 3. Property Use The subject 119 acre farm is composed of approximately 100 acres of prime farmland all of which is flood irrigated. The balance of the acreage is used for residences, outbuildings and corrals. The main house is the owners residence and the Mobile Home and small frame house is used for farm employees. There are several outbuildings used for storage, maintenance and livestock shelter. There are approximately 50 head of cattle at the premises. 4. Reason for Recorded Exemption The applicant is pursuing this recorded exemption in order to help reduce farm debt which has become particularly burdensome because of recent and continued low crop prices. The farm will continue to be used for agricultural production and Lot A will be marketed as a building site. 5. Size,Location and Use of new lots Lot A, 2 acres +or- is directly north of the existing farm improvements and is primarily the site of two large silage pits which are no longer used by applicant. (1) 6. Unique Characteristics The western portion of the farm is bisected by a large electric transmission line. 7. Setback To the best of our knowledge all existing structures meet the minimum setback and offset requirements for the zone district in which the property is located. 8. - Conservation Easement The applicant is personally and financially committed to maintain farm production on this property and sees no need for a conservation easement. 9. Building Envelope The existing farm improvements clearly define where any future improvements would be. 10. Consistent with Comprehensive Plan The applicants proposal is consistent with the Weld County Comprehensive plan in that it speaks to the very essence of that plan"to protect and promote the County's agricultural industry." This applicant is not motivated by profit but by sincere attempt to survive in a profession threatened by economic woes. The continued economic health of surrounding communities depends on the preservation of farmland and farmers. 11. : Compatibility with surrounding properties The area surrounding the subject parcel is primarily used for agriculture and residential agriculture. The uses on the proposed parcel will be agricultural and residential agriculture. The proposed use is entirely compatible to prevailing use in the area. (2) 12. Consistent with zoning The proposal by design and necessity attempts to preserve all prime farmland for production of crops. No irrigation water will be diverted or severed from the farm. Existing improvements are being utilized with one of the exempted lots and the inclusion of the abandoned silage pits in Lot A allow utilization of unproductive land. No part of this proposal should detract from the continued agricultural use of this farm or surrounding agricultural uses, All proposed or anticipated uses are allowed in the agricultural zoning district. 13. Efficient and orderly development The tenets of this proposal should in no way impair the general welfare of the public nor disrupt surrounding users. The property is not located within 3 miles of an incorporated town or municipality. The proximity to surrounding communities should provide adequate access to private and governmental services. The use of existing improvements should impose little additional burden to existing county services such as road maintenance, sheriff's patrol or other applicable services. The property is located in the Eaton Fire and school district. Prime farmland and irrigation water is being retained. There is adequate existing vegetative cover to control erosion and an adequate supply of water for additional cover if necessary. The proposed lots are not located in flood plain or area of geologic hazard. (3) :LL.)LADOIN-I Y I litiAbUtiEFi..._.. _.. ._ � _'— ' ...ao..-.... . . . .� •. RO842186) BOX 458 IEELEY,CO 80632-0458 (---\ 1999 Taxes Due in 2-, 0 `;e - • ! s --o T X .U7H IT1(r' $ 7 X!. T M pEmntaaaoeaf GENERAL,TAX', 'E 18650 PT SW4 29 7 66 LYING S & E OF WELD COUNTY 22.03E' 603.18 " LARIMER-WELD CANAL EXC UND INT OG&M SCHOOL DIST RE2 45.87E 1255.68 (3R4D7RES) NCW WATER 1.00C 27.37 NWC WATER 0.000 0.00 EATON FIRE 3.05E 83.62 AIMS JUNIOR COL 6.343 173.61 WELD LIBRARY 3 .245 88.93 WEST GREELEY SOIL 0.414 11.33 ,,, :..77? p Y-jk g 0 C-,/ 3 ��- r i OCT000 `.�• d r 16_1L( 0 - YIELD COUN-TY '...I., paRER No.25, in absence of State Legislative Funding,4 - -r2-----306- 31 / it School General Fund Levy would have been 106.955 DISTRICT ACTUAL PROPERTY VALUE IS VALUATION OF LAND VALUATION IMPS OP PERS TOTAL VALUATION TOTAL.LEVY FULL TAX 0226 198211 1198' 15390 27370 81.977 2243.72 LCEL b UNPAID:PKIIOR YEAR 1AX"b _►.' PAYMENT SCHEDULE 070729000022 REAL :IF NUMBERS APQEAR HERE .i , ,I.' (':-;• P --,'.✓ rCONTACT.TREA$UAER,_1MM>:`IiIASELVt F s s+I +�► The value of your property for 2000 will not change from the value shown on this 1st Half Tax DUE FEBRUARY 29 1121.86 tax notice unless the Assessor's office sends you a notice of value in May. The 2nd Half Tax DUE JUNE 15 1121.86 Assessor's office will send notices in May only to property owners whose value has changed from the 1999 value. Property owners may appeal values by letter postmarked no later than May 27, 2000 or by appearing in the Assessor's office from May 1 to May 31, 2000. Assessor's office (970) 353-3845 ext. 3650. - OR FULLPAYMENT • 2243 .72 WATER FEES ON THIS ACCOUNT DUE:MAY 1 ROTHARMEL DONALD L & JOAN E THE TREASURER'S OFFICE IS REQUIRED BY LAW TO SEND THE TAX NOTICE TO THE OWNER OF RECORD. IF YOUR TAXES ARE PAID BY A 13459 WCR 76 MORTGAGE COMPANY KEEP THIS NOTICE FOR YOUR RECORD.IF YOU HAVE SOLD THIS PROPERTY, PLEASE FORWARD THIS NOTICE TO THE NEW OWNER OR RETURN TO THIS OFFICE MARKED"PROPERTY SOLD" EATON, CO 80615 �/ Please see reverse side of this form for additional information. TAX NOTICE 56477 RETAIN TOP PORTION FOR YOUR RECORDS. 1 ; • • • • • - = :' I • • ^' an • • • O • • 401r , • iC • • a. • 111 • • le. "" � y`�el '�► . r s tee= t REFERRAL LIST NAME: Donald and Joan Rotharmel CASE NUMBER: RE-2789 REFERRALS SENT:June 27,2000 REFERRALS TO BE RECEIVED BY: July 18,2000 COUNTY TOWNS and CITIES Attorney Ault _X Health Department Brighton Extension Service Broomfield Emergency Management Office Dacono Sheriffs Office Eaton _X Public Works Erie Housing Authority Evans Airport Authority Firestone Building Inspection Fort Lupton Code Enforcement Frederick STATE Garden City Division of Water Resources Gilcrest Geological Survey Greeley Department of Health Grover Department of Transportation Hudson Historical Society Johnstown Water Conservation Board Keenesburg _Oil and Gas Conservation Commission Kersey Division of Wildlife: LaSalle Loveland Lochbuie 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 _X Eaton F-4 Platteville Fort Lupton F-5 _X Severance Galeton F-6 Thornton Hudson F-7 Windsor Johnstown F-8 La Salle F-9 Mountain View F-10 COUNTIES Milliken F-11 Adams Nunn F-12 Boulder Pawnee F-22 Larimer Platteville F-13 Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES Poudre Valley F-15 US Army Corps of Engineers Raymer F-2 USDA-APHIS Veterinary Service Southeast Weld F-16 Federal Aviation Administration Windsor/Severance F-17 Federal Communication Commission Wiggins F-18 Union Colony F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER Fort Collins _X School District RE-2 _X Greeley _3X_Ditch Companies: Larimer Weld Canal, Hurrich Longmont Canal, King Seep Ditch West Adams 6 (v7:. Itwo eid Count).'411114 _ JUL 24 2000 9Veld' County Referral COLORADO June 27, 2000 The Weld County Department of Planning Services has received the following item for review: Applicant Donald and Joan Rotharmel Case Number RE-2789 Please Reply By July 18, 2000 Planner Chris Gathman Project Two-Lot Recorded Exemption I Legal Part of the SW4 of Section 29, Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado. Location North of and adjacent to WCR 76, east of and adjacent to WCR 27. For a more precise location, see legal. Parcel Number 0707 29 000022 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 614- • 17-t.)/2-4000 Agency rit-W-iZ d t.6,.,.e_ Date +Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 .(970)304-6498 fax Jul-31-OO O4 : 29P Lynn F:-7erberg 97O-P Z,4-1434 • P _O2 trift4r% • Weld County Referral COLORADO June 27, 2000 The Weld County Department of Planning Services has received the following item for review; Applicant . Donald and Joan Rotharmel Case Number RE-2789 Please Reply By July 18, 2000 Planner Chris Gathman Project Two-Lot Recorded Exemption Legal Part of the SW4 of Section 29,township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado. Location North of and adjacent to WCR 76, east of and adjacent to WCR 27. For a more precise location, see legal. Parcel Number 0707 29 000022 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 $4 i �� 7- W-1.0 ppr,04/ Agency P Oi1 P ue P J15 T Date +Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO,80631 •x(970)353.43100 ext.3540 +.1970)304.6496 fax 07/08/2000 19:36 9703510392 USDA SERVICE CEmTER PAGE 09 • Weld County Referral COLORADO June 27, 2000 The Weld County Department of Planning Services has received the following item for review: Applicant Donald and Joan Rotharmel Case Number RE-2789 • Please Reply 8y July 18, 2000 Planner Chris Gathman Project Two-Lot Recorded Exemption i► • Legal Part of the SW4 of Section 29,Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado. Location North of and adjacent to WCR 76, east of and adjacent to WCR 27. For a mare precise location, see legal. Parcel Number 0707 29 000022 ' 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 ItilLice_744_47 --7h/D-0 Agency (AD&--S 6O Date +Weld County Planning Dept. +1555 N. 17th Ave.Greeley, Co.60631 4(970)353.6100 ext.3540 +(970)304-6498 fax -). IV't 6 a, 4°7:- . JUN 2 9 9,,,,1 •. PUB LlC WORK Ville . Weld County Referral COLORADO June 27, 2000 The Weld County Department of Planning Services has received the following item for review: Applicant . Donald and Joan Rotharmel Case Number RE-2789 i Please Reply By July 18, 2000 Planner Chris Gathman i Project Two-Lot Recorded Exemption 1 i. Legal Part of the SW4 of Section 29, Township 7 North, Range 66 West of the 6th P.M., i Weld County, Colorado. Location North of and adjacent to WCR 76, east of and adjacent to WCR 27. For a more _. precise location, see legal. - i Parcel Number 0707 29 000022 r -� � 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 iQg? ( 4'4q7 • "-t --- t O— �%c1 Agency �"`�,es,t1 .. CO(1.-�� Date • +Weld County Planning Dept. +1555 N. 17th Ave.Greeley, CO.80631 +(970)353-6100 ext.3540 ❖(970)304-6498 fax -id County Planning Depl. • JUL 13 20000 TO: Chris Gathman, Planner I D Gil ,E( GED FROM: Donald Carroll, Engineering Administrator i p 0 • SUBJECT: RE-2789; Donald & Joan Rotharmel COLORADO COMMENTS: WCR 76 is designated on the Transportation Plan Map as a paved road,which requires an 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 27 is designated on the Transportation Plan Map as a local gravel road, which requires an 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 of this application. The access shall be placed in such a location to have adequate sight distance in both directions and not below the crest of a hill or where physical obstructions are present. (Lot A) If a drainage culvert is required, a 15-inch corrugated metal pipe is the County's minimum size requirement. If the applicant chooses to place a larger culvert, please contact the Public Works Department to adequately size your culvert. (Lot A) There shall be a minimum of 75 feet between access points to adjacent parcels. 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. (Lot A) The applicant shall utilize the existing residential access to this parcel, and no additional accesses shall be granted. 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-2789 planl8re i r Road File# RE: Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: June 9, 2000 1111 1•-I Street,P.O. Box 758, Greeley,CO 80632 Phone: (970)356-4000,Ext.3750 Fax: (970)304-6497 1. Applicant Name Donald L. Rotharmel & Joan E. Rotharrnel Phone 454-2278 Address 13459 WCR 76 City Fat State CO Zip 80619 2. Address or location of access 13459 WCR 76 Section 29 Township 7N Range 66w Subdivision Block Lot Weld County Road # 76 Side of Road North Distance from nearest intersection 2600 feet 3. Is there an existing access to the property? Yes X No #of accesses 2 4. Proposed Use: a Permanent M Residential/Agricultural O Industrial Cl Temporary ❑ Subdivision O Commercial O Other ********. **8******.***.*+k******_'knk:N9c:K****#**..**c*********yk*.***+k****.****#*.*******1c*-k=k:t.*********.****** 5. Site Sketch 27 29 Legend for Access Description: A AG— Agricultural 76 RES/AG RES = Residential O&G= Oil&Gas COLOSADO ' D.R. = Ditch Road 74 ************************************************************M********************************************** OFFICE USE ONLY: Road ADT Date Accidents . Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions *********************************************************************,************************************** ❑ Installation authorized ❑ Information Insufficient Reviewed By: Title: 7 ra E ORANDU ' TO: Chris Gathman DATE: July 10, 2000 Tr- FROM: Sheble McConnellogue, Environmental Health COLORADO SUBJECT: Rotharmel, Donald & Joan CASE: RE-2789 Environmental Health Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed home septic system(s) and shall be installed according to the Weld County Individual Sewage Disposal Regulations. sm/822 Weld County Planning Dept. JUL 10 a000 E' - ROTHARMEL RECORDED ErION SITE MAP ' L.W. CANAL Irrigatio HURRICH Well CANAL KING LAKE WCR 27 LOT A LARIMER WELD CANAL 2A.+/-{ Perpetual Von-exclus: 1 Access Easement 4 CORRALS LOT B SHED Electric 117A. +/- � Tran4mission Line .1 t WCR 76 • �. �: , w7,1 ,� •r\ r Itee.wiftd at t."1. " e'tletrk...? V.. . . ........ . ... .,... . . ....... .... • .AMY ;Ayr;' Rrtratlen No ' • rte , ..:k t-t i i:'r}f'� . Itreo:ekr. + / -•1 eeert!er'e Sta:np ,r M THIS DE , Madcthis----22nd-"•- dayof�--March--- ` EI in the year of our Lord one thousand • • nine hundred and seventy-two between ; I. .•...- 1 AUDREY M. ROTHARMEL • :: CA. of the County of • ./. .:*"'4: State of Colorado.of the first part,and , c fV cv. i DO\:1L•D L. ROTI•TARMEL and JO!' E. J::OTilARV OL .. _ f• :,' of the County of Weld : u1 r and State of Colorado,of the second part: .. -:; Jts i WITNESSETH,That the said part y of the first part, for and in consideration • of the sum of i• fr : '~r 4'; Ot::.: .,t;,e..ial.:::: ..v,ib^lut:3'aLl.frt:, aselti 1.r••, an't ni:jltll; ..+ DOLLARS r•r !I to the said part y of the first part in lunch paid by the said parties of the second part, the•recci,it ; t-t II whereof is hereby confessed and acknowledged,has remised, released, aotd, conveyed and quit • ,•.:^:''..:!--:'- eJ ! claimed,and by these presents does remise.release,sell,convey and quit claim unto the said psrtics of 'r• � •:^•:. f,„{L. I, i 4:.r ;'.:..a::tale:: the second part,their heirs and assigns forever,not in tenancy in common but in joint tenancy, ail the ••>^ ..O••••,w,•,...,•:!,- . right,title,interest,claim and demand which the said patrty of the first part has in and to the i; €:; :'.. 1.1i&:: NI following described lot or parcel of land situate,lying and being Ir the `,.:_ Si t.,, , County of Weld and State of Colorado,to-wit: f :••.'-• ;tier:•+. NI ' Parcel .No. 1; The Northwest Quarter (l\IW-4) of Section Thirty-two (32) excepting i• _ I a strip of land 20 rods wide off the South side thereof, in Township Seven (7) ! North, of Range Sixty-six (66) hrest, of the 6th P.M, Weld County, Colorado. e••'• . ;' `;j JParcel.No. 2; All that part of the Northwest Quarter (NW ) of Section Thirty- a':. :t•: :•' `�•'�'' two (32), Township St•vet, (i) North, of Range Sixty-six (bbl West, of the 6th 3r."{:'' ' IP,M.', Weld County., Colorado, described as follows: Beginning at a. point on f. , ,...,. I the West Section line of Section 32, 2640 feet south of the Northwest-corner of 't .i> ' ': said Section, and on the north side of the Great Western Railway right-of-way: I: etA.•; ; , I thence North 38° 50' East, 2701 feet along said north side of right-of-way Lo the: • • 1-.y .. North and South half-section line of said Section; thence in a northerly direction i; ;:-.r:- along said half-section line, 320 fent; thence South SS' 30' West, 2699 feet to the f ;,,%,._ t• i west section line of said Section; thence in a southerly direction along West line, -'i ''' 307.5 feet to the point of beginning. {;' ;t Parcel No. 3: All that part of the Southwest Quarter (SW;f) of Section Twenty.. ,;.'','Y.:'. nine (29), in Township Seven (7) North, of Range Sixty-six (66) West, of the 6th F +,4=„•. P.M. , Weld County, Colorado lying South•and Fast of the Lai brier and Weld i' v:<�: t�,s��•r�'r. Canal. ± ,' `:.g.g ' TO HAVE AND TO HOLD the sane,together with all and singular ular tl,e appurtenances and rivi- t. • ,asl;rg r., �,, tegee thereunto belonging or in anywise thereunto appertaining,and all the estate, right,title, interest, i, at :«;:, and claim whatsoever of the said party of the first part,either in law or equity,unto the said parties [ ;•e,:�'. ,.tp 'l of the second part,their heirs and assigns forever. :r..r`;:'ie'y�4"' IN WITNESS WHEREOF, The said part y of the first part has hereunto set her '4. ""*t)'-4 t' +f. •` hand and seal the day and year first above written. ' .'""k." Signed Sealed and Delivered in the presence of .,:.x.:,.f.::: :.;(r :/.; ' ' [SEAL) . '-'17; ...,t ivre Auctrcy K. Rotharmcl eN`stit':::Kykzi .4;`k-, I [SEAL) )7arr, `=',} ..r:•. ii STATE OF COLORADO 1 ' t -T '�' County of Wt!Id 9,xH�d'`,' '';: The.forep'I oh Instrument was acknowledged before me this 22nr. ' day of March •+ µ• .re,t;:: •b lre M. Rotharmal. ear !;;`, :'' 197 , y � 'A .n ��.:. .'i y !teat W!;;`, ::.:!:',-- - I ,`�VflirTl hS5 i i nd and " m�ls"i •`.? • . y;t`ti, official seal. �.,'+}�!`wt�,;� `, t..*y co:nmissipttvacpirea July 9, 1972 ;. ::,nyw r t...:•1»:......n...ad.r.a.4.......a r. ..... r{4sM�: •�i;4.::4 ¢F• b t.•' Nolan PIANO- i Ijii s _:•@„ 'i:.Ty I i. 11• _;- ;:�.dry` CERTIFICATE OF CONVEYANCES WELD COUNTY DEPARTMENT OF PLANNING SERVICES STATE OF COLORADO) COUNTY OF WELD ) Order No. WT53925 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: All that part of the SW 1/4 of Section 29, Township 7 North, Range 66 West of the 6th P.M. , Weld County Colorado, lying South and East at the Larimer and Weld Canal . CONVEYANCES (If none appear, so state) : Book 1503 Reception No. 1279067 Book 664 Reception No. 1586122 Book 949 Reception No. 1871363 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 25 day of APRIL , 2000 at 7 : 00 A.M. WELD CO T TI TL CIIIkX300AD. By: Authorized Signatory t • _ ;1 �� f% ' Recorded at..i_.. o'elock..-S,....,.t., • N: 'I vi-Of. •..,, c r f,. r?�) •.°i.:...`..'.:...�'F»..............Rcterdnr. tit t , ) :l• Reception No �?;y#s: r yt; ...._..... _ Iteeorda•'n Stamp , 'l r 22nd—-^ THIS DEED, Made this -' day o[-^-MdrCh--- in • ithe year of our Lord one thousand ' nine hundred and seventy-two between • -.• r . i I' 1 AUDREY M. ROTHARMEL °,. ' -County of • : . of the - �. r.:.,• • State of Colorado,of the first part,and °:' • -•'°`"4 • ww:•. 'v i DONALD • L. ROTI-EARMEL and JOAN .E. ROT.I-]ARM.'-:..L '• • ,f•izii:: ! of the County of Weld !` " ` 'trI and State of Colorado,of the second part: i . . -. 10 V1+ITNESSETH,That the said party of •.•,.:- • •••••%,..'''r - the first part, for and in consideration of the sum of I: t �'I I i'. r.I .. _ ..._ ....... - ...,....• _ ..~ _. ;...•••!•.!•:......- •lt.:.hic ,�:1e"iii .ra'Li4enh anti J.ken andt•no%!r'?V DOLLARS Y x,, • I! to the said part )' of the first part in hand paid by the said parties of the second part, the receipt I. « ;::. .:: a.^. ., t I whereof is hereby confessed anti acknowledged, has remised, released, sold, conveyed and quit ';.: o claimed,and by these presents does remise,release,sell,convey and quit claim unto the said parties of I: • Ir'":' :, ;' 1;;;., the second part,their heirs and assigns forever,not in tenancy in common but in joint tenancy, alI the 4:' . right,title,interest,claim and demand which the said party of the first part has in and to the is P.,_ ,a=_ - following described lot or parcel of land situate,lying and being in the •::..••• • :?:^=•r'. r%� i County of We lei and State of Colorado,to-wit: _ ,;rte?:.<;{' C's-t ' ( i) of Section Thirty-two (32) excepting T• a. Parcel. No. 1: The Northwest Quarter' NW:t y P . I a strip of land 20 rods wide off the South side. thereof, in Township Seven (7) �, � . ;;: r.. !:•. '• . is • ! North, of Range Sixty-six (66) West, of the 6th P.M., Weld County, Colorado, I, ., •r,•;:,,:• i t f Section Thirty- ,. .�: ':.: :' i"�':r` Parcel-No, 2; All that part of the Northwest Quarter (NW-,1,-;) o S >'- n 'ti - .__ I ' two (32.), Township Seven (i) North, of Range Sixty-six (66) West, of the Gth , i::;::b_.:;y4y , P.M.', Weld County; Colorado, described as follows: Beginning at a point on ,' _"; • the,West Section line of Section 32, Z640 feet south of the Northwest-corner of • ,,, �.. said Section, and on the north side of the Great Western Railway right-of-way: •I.: ;.t.. :.L.V i...._• thence North S8. 50' East, 2701 feet along said north side of right-of-way to the : -": .:•,..i ,,444:- r•-• North and South half-section line of said Section; thence in a northerly direction i '°:;.......14'.*:*' along said half-section Line, 320 feet; thence South 88° 30' West, 2699 feet to the 1 tY, { 1 west section line of said•Section; thence in a southerly direction along West line, . 1 307. 5 feet to the point of beginning. • ! Parcel No, 3: All that part of the Southwest Quarter (SW-,}) of Section Twenty- !• • ':.art; •:. I nine (29), in Township Seven (7) North, of Range Sixty-six (66) West, of the 6th I: •.::� ••. "`""•"' P.M. , Weld County, Colorado lying South•and East of the Larirner and Weld i ?;,< ,'^,, '' :: 1 Ca nal.• I -a,, TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privi- i• f, !'s•• Y „K}.;, Ie es thereunto belonging or in anywise thereunto appertaining,and all the estate,right, title, interest, I .4",,. • , g gig yw PP g, (�`;"�::1,ai�;c ,�•r•: I and claim whatsoever of the said party of the first part,either in law or equity,unto the said parties i .'''I,1.-:_-.:: +;, •'�.:: • ... .uj{ri•.j.; of the second part,their heirs and assigns forever, '' " "rr' .. ., IN WITNESS WHEREOF, The said part y of the first part has hereunto set her ! ,,7. hand and seal the day and year first above written. .,.....;"..'11.;_-_,. . .7.f;.-;,,4-',. n!3ir� • • of ' .c::.:�:d �/.lr . r r ....• :_.._.........[S1 A[.i ' iadi '-G .„s; Signed, Sealed and Delivered in the presence -# •µ Audrey IvE I:otliarmeL ` r-. : I [SEAL] t. n ti.;-" a:z^ � K..-.sn?yur;r;,,; `` [SEAL] i .•`n+,G' -:•..•.tr:• 11 1 r . . • No-: :; z'.,at;,.- ;:, STATE OF COLORADO 1 i 4K—"" ` i i i?, r%'`--tr,M i� ss. 7�? y:,u a.-.t ! County of We 1cl 1 i rte;` •',`JrR ;ar. r.. •1t as::. ,., The.{oreoi instrument was acknowledged before me this ?21ic: day of March , i4'-ir�:�:r,, 197r.•;fly 'A trey M. Rotharmcl. •,`tf�, :.i ;_. is I ' ;ate: , b`-�[ —,!WITNESS NES n'y;tt wnd and official seal. >r ••r,�,.aVt.,. • ! . D l..1 •_•>•.� :':,. L.' y comnussiQhr@xpires July 9, 19 7 2 d • :..r,e t;_.::• • Notary Public. I it.Ig.,..,,, A r�l "¢7,' 4y, t �. - - ,�) ..Y/S , OCT 6 1991 ,I II t co,..:„ 919 Recorded at o'clock /p hS ZH/lJt, ‘"--t.:31,'; -/ Recorder. • II Reception NO / ;, r tool es'' TuiS DEED. Made this 15th day„f January .18 67. II f II between --- —_ A I Ci1RIST SCIIMIDT and RAC EL SCHMIDT I Stem Documentary Foe r 7 I 7L? 8 13x1 �7� I of theCounty of Wf-l.d and State of Colorado. I D::te.�.--- $.1 y a`3___ I of the first part,mu1 . n DONALD L. and JOAN E. 0'P EI 'J\RMEL, Kt 2, Ida" )1 Eaton, CO 80615 II his wife s looi t tenants and State d r dola 1,,n� the u•cmrd Pnre: I of the r to supplement former deed land 4 of _ ✓5[the sum of 1\1"I'V:��E'1'fI. Thal.r,he sari pn^t ledhf lh.'us• iart for ennri,l.r.Lia1 DOLLARS, II rt Ten ($10.00) I IIIparties 'f the second part,the receipt whereof is II 1 A r II to the said part ies of the full part in hand paid by the said ,sold do hereb confessed and aal.tn wl edged,ha ve era rt d bargained,sold and conveyed,and by these presents "Ia1 grant,bargain.rail.convey and confirm,unto the said part ies of the secondof land, situate,dheg sad being in the II { �� r or parcelI v II heir=and as:igna unty all the following described I Ina - County of - Weld and State of Colorarle, to-wit: I All said proper • ty being. in Township Sever, (77)wNorth, - of Range Sixty Six (66) West, of the 6th P.M., to The Northwest Quarter (NWa) of Section Thirty Two (32) I excepting a strip of land twenty (20) rods wide off the i I South side thereof, also, �i) of. said 'I I . .1`^ all that part of the Northwest. Quarter (NWa II Section Thirty- Two (32) described as follows: Beginning AN,!,' II at a point on the West Section line of Section Thirty Two II '. II (32) ,- 2640 feet south of the Northwest corner of said .I " 1 Section, and on the north side of the Great Western Railway right-of-way, thence North 88° 50' East 2701 feet along ! F said north side of right-of-way to the North and South I half-section line of said Section; thence in a northerly , a r direction along said half-section line, 320 feet, thence+e'• ... I, South 88° 30' West, 2699 feet to the west section line of i . II said Section, thence in a southerly direction along west I .:. II line, 307.5 feet to the point of beginning, also, of Section all that part of the Southwest Quarter (SW 1/4) South t , Twenty Nine (29) in said Township and Range, lying � i and East of the Larimer -and Weld Canal; together with all ' water rights appurtenant to said land and including,- but I !`y., not limited to, one nsharre, of the capital stock of the II I Windsor Reservoir/Eo p �` nd all the King Seepage Ditch it iz: I and King Reservoir all seepage, percolating, waste, surface, I and flood water developed by the King seep Ditch and which !, ' ^r be stored in the King Reservoir: irrigation well #13966 -„I' . i i ma y on said land as registered in the office of the te neer ,_ of the State of Colorado, and all motors, pumps and attach- ments thereto; also including all easements and rights-of-way cc aAH' I of record; also two (2) shares of capital stock of.The Larimer and Weld , �' 1 I Irrigation Company', and an allotment of 115 acre feet- of water from Ithe Northern Colorado Water Conservancy District. I i ill• I I I This deed is to convey said property to the second Iparties and tale survivor of them as joint tenants, and not II .1 I as tenants in common, I ° II I IITOGETHER with nil and singular the hereditaments and appurtenances thereto belonging, or in anywise I appertaining,end the reversion and reversions,remainder and remainders,rents,issues and profits thereof; and all II aH the first ➢art,either in law ,. I t,-r + the estate, right title, interest, claim and demand whatsoever of the said Dart hefir or equity,of,in and to the',hove bargained premises,with the hereditament%and appurtenances. (' - _ III N11. 1I13. N',11ntA>rY DE 1'I nlnvghn Retard. I..I( rl In,ilmun gamine Gumr nor.11124.15 111.1111 614”.4.U.nrm br+ruln II:Ix6 d yc�q its 71S�;;ix° +fir —2-- '- fi a ate'. with the upon tenures,unto the { '� TO HAVE ADO TO HOLD the mild Premius above bargained and dear'died, p ?xw - o said part ieS of the second partthe it heirs and .msigna forever. And the said port ICS of the first part, t forthe)ICelOes heirs, executers, and adm r trwttrs, do - t,veaan art, bargain,and agree nit' with . as/yr �P9RIf� R`t lP R'ikevltriand the:mid port leS of the second Psrt, awrr ua r s.+ rat + h• r c c c $� indefeasible presents are well soiled of the premises above conveyed, as of good, sure, ;perfect, absolute and thority to gdefe Bible estate of inheritance.in taw, in fee simple, and ha ye good right,full andpower that the anti same arefree and s„" grant, ets all sell and convey the same in manner anJ form as aforesaid, clear from all former• mad other groats, bargains, sales, lions, taxes. assessments rind encumbrances of whatever' B' kind or nature soccer. except deed of trust and any liens of record this date•which liens first parties scree to pay, and inclusions in art any districts now of- record, rye* I 4A n a N,, try f t'; a4 f>ii .° y: and the above bargained Pr:'rr•r"ov in she quiet and peaceable possession of the said port ies of the second part, si,essoi, S 4; their heirs and assigns against all and every Pee:mt or persons lawfully claiming or to claim the whole or any F '� f part thereof,the said part iesnf the first part shall and will WARRANT AND FOREVER DEFEND. II17.y.`4.. e�4 rF r �S �. IN WITNESS WHEREOF,the said parties of the first part ha ve hereunto settheithand s I` 2.7* - x" and seal S the day and year first above written. 1 pr '�'' C�ist hmid [SEAL) Signed,sealed and Delivered in the I'resenee of y ,,, p /1 j � 1�I,��,,�/-`1�41.`."....t� l%�U�-rvt-C'�l [SEAL] r I Racl l-Schmidt 4 •p - I 7 (SEAL] I " eke I I r7 STATE OF COLORADO l ., fls. County of Weld 1 _ �'1: :c' day of s The foregoing instrument was acknowledged before me-this, fit'.. rye ♦. is- ,. .A �'a ,.c_'. -t: •. ,.a r t., YUT My cbmrptssaon expires �. -�• r - 'S 19 7; •Witness my hood and official seal. _ (at azi; is 42, 9{) i. �� .. } _ !../ e. Natsel Public. r1�r/I:Ile 1Op i ! ,die. V•14/- ' f i C C'- _ f* %kret,- O % ry e< •j Li ' yA 2t,;• c Li wFf. 'i k :, a y k .r at.! t. t �: �— a II I ^s ++tt I41 G '4 '1' l E 4 l eta k 1 il 2.. H c JIr II c �� I 'I: H f ` k 1 if » II G `max. ' N I " _ T a i, K a Fy F w r I �I; ! II 3p A': I Qli ( E. ., e x II Ii1 .O .°. e I r"r 7 . ws N 61959 3 » # 00 p o. .ME 127 ➢,0Q BOOKI �i PAOFE) U AsSrwyvan +� # �11 WABRANTI DEED :?,.O!E .. PPP p ; `Lt .. KNOW-ALL YEN HY THESE PRESENTS, That HERSCf{EL E. FOSTER and MARY E. �1 • FOSTER, of the County of Weld, and State of Colorado, for the consideration e. of other valuable consideration and Ten Dollars, in hand paid, hereby sell 3 end corncy to CHRIST BcBmibm, 210; and RACBIE.SCHYIDT, in joint tenancy with the right of survivorship, of the County of Weld, and State of Colorado, the following real property, situate in the County of Weld and State of VI I N 'INN I•H,i.m..•Q W 8 ° Colorado,-t0 ; i .'� - All that part of the Southwest Quarter (SW ) of Section " �� ,,, :: 29, Township 7, North, Range 66 West of the 6th P.N., �., f a ,WP Ii.I lying South and East of the Larimer and Weld Canal,•,Sa : Together with two shares of the capital stock of the Lorimer . ; ;sand Weld Irrigation Company and all of the grantors' right, ` --title and interest in and to seepage, percolating, waste, r'f `�. 'Fl surface and flood waters developed by the King Seep Ditch, I, irA'\,. I _ as more particularly described in agreement dated July 10, g tc '1Q : •10-' 1940, and recorded in Book 1075, at page 27, Weld County aj yip- - Records, and together with the benefits and burdens of an . agreement dated December 19, 1929, recorded in Book890, at page 385, Wald County Records; Contract Number 815,719, recorded in Book 1044, at page 289, Weld County Records, with the1::::::Lcillii Northern Colorado Water Conservancy District for 715 acre feetua,, ,;'N ,,rtl,,,,, of water from the works of the said district, '',1"1-!::::I.INIAOI t, with all its appurtenances, and warrant the title to the same, s_..,,Till: :61`� )%"" RESERVING, HOWEVER, unto the grantors herein an undivided �W,,;:",,, ";. one-half interest in and to a71 oil, gas and other - . ri .,p,�,,,, minerals which say be found in, upon or underlying the said :-.,„;,TL.,... " premises, together with the right of ingress and egress to 1.D,,.. -'9!1 prospect for and remove the same. - ;'N, "U SUBJECT T0, 1958 taxes payable in 1959; oil and gas, oil and gas leases, if any, of record, or reservations, restrictions and conveyances contained in instruments of $ record, rights of way and easements evidenced by instru- ments of record or established on the premises. Signed and delivered this 24th day of M , A. D., 1958. i f �A ( .ioL1..e'G4J/.. r�/./".2(, _.. (SEAL) 1an„r f, ,,x 0-4,L �. (SEAL) , t (SEAL) STATE OF COLORADO ) • ) ss. COUNTI OF WELD ) huu1c L',0 .. ;' ;;foregoing instrument was acknowledged before me this 24th day of ' o i gl. 1'95,8-, by Herschel E. Foster and Mary E.. Foster. 1,E1�`' t iginiliSS my hand and official seal. `P U T9 �, dmaniaslon expires: jC- / �/ j Ll, / _ _ I x.49 e 7 O' • ..!X!-felt di- ti :,1�u.r. . '/•--�--c-✓i.i ii. %>,; fQUt,1'l, ^ Notary Public. fi - JUN-05-2g0@ 10:49 . p.u ' + 4--- ' ' d °MELD COUNTY HEALTH DEPARTMEt�, 1516 Hospital Road :,;. :• �•�' ..-.�,�`R C-r oloy, Colorado PERMIT PdC^. d - •• * tQ ovtlims Kt. 353-QS4 Appl •atton for powp,it,30 3rssteii, Construct, ora individual Sowrag,t Disposal System. • Ovine / .4 4. ; Address - '' . :44..,ne'"�.''�! ..2X. , 0 Dire tlon to site: 'I<ivv /3, ""i'5 100 7 C ' " N_mi, E rill: 5 mi. W. ' •.++`+ t ji,:.%".7 'el :At.r4, AiV,254,,rEtk. .is e, . Legal , sciiption: Ptri,•1 .. . Sec: ; 'TAN, �Subdiv, • . • ..... •4at:•_t_ 8[ff _ . . d: 'i;!-;.w: .h•.' - ..:,.1'.. ._ • .. ;lv.iz• ix' drgvrt}s. •ti,. q: lr�6ris',. .."... ., . �.. �. •' ; 'ti �.•' r' --- F�rc. :R ,Avg:'. ....,...::*4#. ::..:... ,x • :,.' 04: 8.tole'.: ::: -..'.0 47 p1tt.•`RI iNblr y:.. ;ti:. 1-1.., . . • ail. T • Hie) 3 ppty f if well ptwd.•i#eptPl: :;s,.: .1 , . , . N' '''.1 .atrte� -- k�Etf.' foI'e MadiiJlg.r. d it . • ••• F�eq�iere�• f�igineer �3'esigrs:` ��s s" o• �T+ype few sew:ga'dis6 0*t r ePe$1c dd.t. •- , ', if .•• rad�ort. `+6 ' ' . $g ` torae .:... ,.'.S,.R G1tFil r•'.. . , • �• • 'corn'. o ,4!;•irti!5•i*.. . , .. `. • •.t ,• ' '. •Riiiiiiatipes tnstr,tatior.s { rnua►.ReqIremeitt) • .. Mli it q.. . • ' I.4 Tank "'�r 000�M ,T-.'.,Gaoa. ... . 'AbsCrpttoii[,•Trer'th :litift ll�. ., Ft. • tts, roi+D.il1 cq t'eudtecl and' fri tolled iil'titte rdaance wit'':thtk abcvr.•'ipdciffco.tighs' 'grid. re ilattons re= WO' cfin+idyd4:se*a'ge diS f .' •terms In Weld Uri C cr.c4D• ' . • ' '. •r' ' • Yti..ie p,rmlf shall•,expire at.the"i,6,4 tiro* a's the bui� per lIdlmnir,,ork.if:no;bi4iidlns permit N. issueci, the permit •oyo1l• pire '}20 dois after its Issupnclt, If construction h s •rtbt bri Izn . . :;: ,, . • The pi he d'nd•sp•e.4tfP•F9ttt{r}s Ps BHown Pre Ppprpvidl Psvfdlr''3 �4)"'P trr•t: af''p. . ertrtl3:fed...........,._.„ ,,:' • • • • . • • Date:_• . .,.. . . . . . .. SatilitcrfaI1 The a. ve'system in in f :m14.'0301.0.fpuit_, . 0. comply with pluri icitd sieaSr ion. : syire •C.Qrrn cctar! 1 Late: :...• SdrlitC • EFigiii r RovteW: • — � ..:t90...-....,.,.... il�rfa,¢iire) ' ‘ e?t_rnit Feel: •r e . t; ,.i: . ?'; Rate '`•° ,r . :••k iv d bit t.'.• : • , -- is 1 • • • ,,— b ruN-E5-2000 10 5E F.33 7,9Cif • i f � L Yb '� @q4 t.#. WA . . • • b• 3 • 4d .1j0241 T ": 4 JUN-05-2000 10:51 F.05 4:. 4` 'WELD COUNTY HEALTH DEPARTMENT 116 Hospital Road Permit No. . Greeley, Colorado • • PH. 353-540 Application for permit to install, construct, at Individual Sewage Disposal System. (Omer =&:k! /:,,,i. 4112:.;;A:4« 'I _Addraaa - 2 41•,, Phone _.. ! Direct io site• tip ltd u N mi, E -MI; S ._:,'41,;:,,, i, W' mi Loagt4 D s¢tript100: Pt:t. r,.,z_ Sec. r ,T N, R W, Sub Lot Bik _Game &'1 ? €Duration 1: r- _. I De t 1; . _ I No. .B :._,„ .ua ,�: Na. Persons : _, Pere rate ( vg. of 3) r o, bra ''_--,., _:4:07 IgaW nt Plutb i ng �M _ oil Type ' te. € 1.,44k ,...'./..g e, . .e..- HID Table 000th,'. 1120 s ppi " x ` Z ' We kid) NIi+. 'r.)i p -- Lot Grade ,►1` r+� • Lew. H Me. b e•.Home Modular Add n Engineer Design — Tea .Ne X30• . Type f *. a e . f...oa1-icequested: 2f YES-reason: Sept. task. : 7- ..',- r'Other• Comments: . This s to certify that the system is NOT within 400 ft.-of a public sewer/ ... e: l eatej_stioii instix'uCtiDrin: (Atinitnum Ftecluire ants') • Se, Ottt Taitkc � � O Gals. Absorption Trenches 9:,47 . Sq. Et. } or S;pe4ta1 Instructions .�� Seepage Bed lQ 76-- Sq. Ft. . 'x 4 ou d e c a.. 2 - This y d S atem will be constructed and installed in accordance with the above specifications andr ga ations •regarding individual sewage-disposal systems in Weld County, Colorado. ThisL"----1 shallire at the ssatmc as the building permit,'or, if no building pecutit is ithe shall expire 1.20 days after its issustce if constructiotb has not been y{ ,+.,bate '�" O er: ? _ _ r- ; i''�� Applicant: The pans and specifications as shown are approved pending Jp�+f3r��me c of permit fee. Daces - d" / l �'.t , ar. Sanitarian: j The move system inspected and found to comply with plan and de riptiorh • 01,001. pate. I'ic' 1 _.-___.� B}ste s Contractor: �_ $-1'1:I.rie-- Lr4i- . fi .q741 Sanitarian 7_to ' (Date) (5igftature) - C� p o rmi Fee: $ �.,',/.y , • . � •- Received by; ' _ yf Sate _— r 19-794122 Q ' , ', . 'y's e- IY\. :• r 4 ,l a!'7d Ai Vr I I JUN-05-2300 10:52 F.OS --2 qo3 • • • fStivt. it 07.4 I • I ' I r FROM : TRAVOIS LAND CO GREELEY ( \ PHONE NO. : 9703709311 'i Jun. 27 2000 10:51AM P1 EAX COVER SHEET Travois Land Co. 614 14th Street Greeley, CO 8063.1 Phone: (970) 351-6333 Fax: (970) 378-9311 Fax to: Oa (96 d -- Fax Number: Phone Number: Attention: CyL Comments: Get/ ZoINtlek • .p(Oe. Mkt_d\> 411 rpg FROM : TRAVOIS LAND CO GREELEY PHONE NO. : 9783789311 Jun. 27 2000 10:51AM P2 ✓JS/—31'PJegi L U.en JPCJ—.5 ` VU l IYUw,II"1 INCLLf INH I' .' 1 HWL ei4/ UJ- SOAR OF DIRECTORS NORTH WELD COUNt?( WATER DISTRICT GARY SiMPSON 33247 HIGHWAY 85 • LUCERNE,CO 80646 ERNEST ROSS W,M. MCKAY DON POSSELT,DisTRICT MANAGER CHARLESACHZIGER Cam. ROBERT ARNBREC HT P.U. BOX 56 • PHONE(970)353-3020 a FAX i97D)395-9997 u-mail: nwcwd@bwn.net June 13,2000 Donald L.Rothar e] 13459 WCR.76 Eaton,CO 80615 This letter is in response to your inquiry regarding water service to the following described property, Approximately 13459& 13251 WCR 76,iu a portion of the SW%of Section 29,T7N,R66W of the 6e Prime Meridian 1. # Water service is presently being provided to the 13459 WCR 76 through meter#35700. 2. * North Weld County Water District is able and intends to provide one additional water service to the above-mentioned property,provided all requirements of the District are satisfied If contracts have not been completed with North Weld County Water District within one year from the date of this • letter,this letter shall become null and void. The Tap Fees quoted below,shall be valid for ten(10)business days from the date the applicant receives this letter. After ten days,the costs will be subject to the current cost established by the District. The applicant can avoid the Raw Water portion of the Tap Pee,by permanently transferring one unit of Colorado Big Thompson(CBT)Water to the District. TAP FEES INSTALLATION COST ESTIMATE Raw Water for an Acre-Foot Unit(A,FU) I $14,000 Not Applicable N/A Base Portion of Plant Investment Fee $5,000 Distance Portion of Plant Investment Fee I $800 TOTAL COSTS , $19,800 -- I $O I Before a water tap may be purchased,the applicant must provide a copy of a Warranty Deed,and Physical Address. The applicant should also bring a copy of a surveyed plat of the property(required for a recorded exemption)and this letter. After the water tap has been purchased(Raw Water AFT;&Plant Investment Fee)the applicant has one year in which to have the meter set. The District requires 45 days prior notice to setting a meter. If the meter has not been set within one year from the purchase of such meter, the District shall refund the applicant 75% of the purchase price that was paid by the applicant. If any line extensions,road bores or additional installation costs are estimated to be more than 55,000,then Proof that "Loan Funds or a Line of Credit" are Available and ready to reimburse the District at the time of completion, for 110% of the estimated cost. The applicant p pp front will pay such costs before the tap is activated(water is turned on). Water tap/service shall be placed on the physical property,defined by a legal description. In case of a Recorded Exemption,the water tap shall be located on the physical property of the Recorded exemption defined by a legal description before a water tap/service will be transferred from seller to buyer. The District recommends that anticipated water usage be purchased through the District. The District guarantees treatmert and delivery of water purchased. All rental water and water that is delivered with surcharge is subject to water availability and will be issued on a first come-first serve basis and is not guaranteed to be available. The District requires that 1 Acre-Foot Unit(API))is purchased. With 1 AF'U purchased any usage beyond 228,000 gallons will be in surcharge. The Plant Investment Fee shown above pays for the infrastructure required to deliver 1 AEU. If usage exceeds the number of Plant Investment Fees that were purchased by 2 AFL, additional Plant Investments will be charged. 06/C9/2000 04:18 970-395-0937 NJP,TH WELD WATER. PAGE 02/02 BOARD OF DIRECTORS NORTH WELD CO(ir4TY WATER DISTRICT GARY SINiPSON 33247 HIGHWAY 85 • LUCERNE,CO 80646 ROBERT ARNBRECHT W.M.McKAY DON POSSELT,DISTRICT MANAGER, CHARLES ACHZIGER • RALPH PRIOR P.O.BOX 56 • PHONE(970)358-3020 • FAX(970)395-0997 e-mail: nwcwd(bwn.n6k June 9, 2000 To Whom It May Concern: North Weld County Water District currently provides domestic water service to the property located at 13459 WCR 76, The account number is 35700 and is currently under the name of Donald Rotharntel, Respectfully, • Colleen McGehee WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 NORTH 17TH AVENUE GREELEY, COLORADO 80631 PHONE(970) 304-6415 FAX(970) 304-6411 STATEMENT OF EXISTING SEPTIC PERMIT Permit#: SE-0000050 Sec/Twn/Rng: 29 07 66 PERMIT Owner: ROTHARMEL DONALD L & JOAN E Applied: 06/12/2000 Applicant: ROTHARMEL DONALD L & JOAN E Parcel#: 0707-29-0-00-022 Location: 13459 WCR 76/29 07 66 Legal Desc: 18650 PT SW4 29 7 66 LYING S & E OF LARI MER-WELD CANAL EXC U Description: LABOR HOUSE Commercial: N Residential: Y Acres: 119 #of Persons: 2 Basement Plumbing: N # of Bedrooms: 2 Bathrooms - (Full): 1 (3/4): 0 (1/2): 0 Water Public: Y Water Source: NORTH WELD WATER Water Private: N Cistern: N Well: N Well Permit Number: ?? Septic Tank: Tank Material: MASONRY Absorption Trench: 600 sq. ft. Absorption Bed: sq. ft. Year Installed: NOTICE The property owner/agent has certified by Notary Seal that the above described septic system is in fact installed as described, and exists at this time on the parcel identified above by the parcel number and/or legal description, and further states that the system IS/IS NOT in good working order and to the best of his/her knowledge IS/IS NOT failing to function properly. The property owner/agent further understands that any falsification or misrepresentation may result in the revocation of any permit granted based upon this information hereby submitted and in legal action for perjury as provided by law. The Statement of Existing Record relies on information the property owner or his/her representative provides,under oath,indicating current status of the system and representing to the best of his/her knowledge that the system IS/IS NOT failing to function properly. Issuance of the Statement of Existing Permit for any system does not constitute assumption that the site was evaluated or inspected during any phase of construction by this Department to meet regulations. X Form:S_EXIST Environmental Health Specialist Date —en , WEn_nC0UNTY DEPARTMENT OF PUBLIC ,- ; SE# '' 'l --re HEALTH AND ENVIRONMENT ORG PERMIT# {` REPAIR t# VT/ 1 \ i6a56 N. 17'AVENUE — ! ';` GREELEY,COLORADO 80$31 LOAN# �___.__... .,. PHONE: (970 304-641 !SOS — — , s -e ri ' 0 FAX: (970) 304-6411 COLORADO STATEMENT OF EXISTING FOR SEPTIC SYSTEM . (PLEASE FILL OUT IN BLACK INK ONLY) PARCEL# 070729000022 _ PROPERTY OWNER Donald L. & Joan E. Poth.armel PHONE NO.1 970) 454_een2 MAILING ADDRESS 13459 WCR 76 'Rn4-nn CO 80615 City State Zip DESCRIPTION OF BUILDING(ex. house, mobile/modular home,shop,office) farm labor hnvs (smaller white frame) SITE/LOCATION ADDRESS '13459. WCR 76 Eton, six) 8rn615 City State Zip LEGAL DESCRIPTION PT of PT SWL SECTION 29 TOWNSHIP4&_ RANGE A6w SUBDIVISION, , �. . . LOT BLOCK FILING CENCUS TRACT 'LOT SIZE/ACRES 119 COMMERCIAL_YES/NO RESIDENTIAL YES/NO NUIVIBER OF PERSONS 2 BASEMENT PLUMBING YES/NO BEDROOMS 2 BATHROOMS FULL 1 3/4 1/2 WATER SUPPLY PUBLIC Y ,r NO UTILITY NAME N. Weld. Water PRIVATE YES/NO CISTERN YES/NO WELL. YES/NO WELL PERMIT# ..P SYSTEM SIZE: Septic tank material is constructed of masprlt'y. .._.and has.-.)'1.1lsnnwn gallons capacity. FIELD: Trench approx.600 square feet or Bed_P-._ — square feet YEAR INSTALLED entcnnee You are required to draw a diagram of the systeiea on the reverse side of this form in black ink only and indicate location,length, width,and distance from the dwelling. The undersigned property owner hereby certifies that the above described septic system is In fact installed,as described,and exists at this time on the parcel of ground identified by the above legal description and further states that the system is/i3 notnot in good working order and to best of his/her knowledge ns ,./is not failing to function properly. • I further understand that any falsification or misrepresentation may result in revocation of any permit granted based upon this information hereby submitted an ' legal action for erjury as provided by law � / ' ALts ,r,,,�� 4041.04 DATE: . OWNER Subscribed and sworn to before me this day of June , O,9/.20.0O by Donald L. R.otharmel and Joan E. Rotharmel _ Witness my and and official seal. My cone 'e io ire., June 25, 2001 J[ DATE NaY P RUC O` STATEMENT OF EXISTING REVIEWED BY ENVIRONMENTAL HEALTH SPECIALIST Hello