HomeMy WebLinkAbout20003215.tiff RESOLUTION
RE: APPROVAL OF THREE-LOT RECORDED EXEMPTION #2838 - SHULTZ FARM, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, pursuant to its authority under
Section 30-28-101(10)(d), C.R.S., did determine at a public meeting held in the Chambers of
the Board, that a certain parcel of land, to be divided into two parcels, as shown on the plat
known as Recorded Exemption #2838, does not come within the purview of the definition of the
terms, "subdivision" and "subdivided land," and
WHEREAS, the request for Three-Lot Recorded Exemption #2838 was submitted by
Shultz Farm, Inc., 21475 Weld County Road 19, Milliken, Colorado 80543, c/o Todd Hodges
Design, LLC, 2412 Denby Court, Fort Collins, Colorado 80526, for property which is located in
part of the SW1/4 of Section 30, and part of the NW1/4 of Section 31, all in Township 4 North,
Range 67 West of the 6th P.M., Weld County, Colorado, being more particularly described in
the plat which shall be provided by the applicant and known as Exhibit "A," said plat to be
recorded, and
WHEREAS, this request is to divide the property into parcels estimated to be
approximately 130.5 acres, 20 acres, and 7 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 #2838 by Shultz
Farm, Inc. 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 applicant shall submit evidence to the Department of Planning
Services that any existing septic system meets all requirements of the
Weld County Department of Public Health and Environment. The Weld
County Department of Public Health and Environment was unable to
locate a septic permit for the septic system for the residence to be
located on the largest parcel of this application. Any existing septic
system which is not currently permitted through the Weld County
Department of Public Health and Environment will require an I.S.D.S.
evaluation prior to the issuance of the required septic permit. In the
event the system is found to be inadequate, the system must be brought
into compliance with current I.S.D.S. regulations.
2000-3215
itA P RE2838
• i
RE #2838 - SHULTZ FARM, INC.
PAGE 2
B. The northern lot boundary of proposed Lot B shall be adjusted to
incorporate the existing agricultural access next to the Farmer's
Extension Ditch within the boundaries of Lot B. The plat shall show a
joint access easement across Lot B for the benefit of said Lot B and for
the benefit of Lot B of RE #2842. This easement shall be graded and
drained to provide all weather access.
C. Lot C 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.
D. No new residential accesses shall be allowed onto Weld County Road 13.
Lot A shall share an access point already in existence. Access to new
parcels may be obtained by a mutual reciprocal easement across the
involved parcels to connect with existing points of access or by
connection to adjacent non-arterial roadways.
E. A 30-foot wide joint access easement extending across Lot C from Weld
County Road 13, for the benefit of Lots A and C and the subdivision
exemption lot (SE-840), shall be clearly shown on the plat. The joint
access easement shall be dedicated for the use as shown utilizing the
language set forth in Section 11.7.1.12.5 of the Weld County Subdivision
Ordinance. This easement shall be graded and drained to provide all-
weather access.
F. All approved accesses shall be clearly shown on the plat. The applicant
shall contact the Weld County Department of Public Works to determine
if a culvert is necessary at any approved access point. If a drainage
culvert is required, a 15-inch CMP is the County minimum size. If the
applicant chooses to place a larger culvert, he shall contact the
Department of Public Works to adequately size the culvert.
G. The applicant shall submit to the Department of Planning Services a
recorded copy of an access agreement signed by all owners of property
which is crossed by the access. The access shall be for ingress and
egress and shall be referenced on the plat by the Weld County Clerk and
Recorder's reception number.
H. Weld County Road 13 is designated on the Transportation Plan Map as
an arterial status road, which requires 100 feet of right-of-way at full build
out. There is presently 60 feet of right-of-way. A total of 50 feet from the
centerline of Weld County Road 13 shall be delineated on the plat as
right-of-way reservation for future expansion of Weld County Road 13.
This road is maintained by Weld County.
The applicant shall address the requirements of Weld County School
District RE-5J as stated in a referral response received September 6,
2000-3215
RE2838
• •
RE #2838 - SHULTZ FARM, INC.
PAGE 3
2000. Evidence of such shall be submitted in writing to the Department
of Planning Services.
J. The following notes shall be placed on the plat:
1) All proposed or existing structures will meet the minimum setback
and offset requirements for the zone district in which the property
is located. Pursuant to the definition of setback in the Weld
County Zoning Ordinance, the required setback is measured from
the future right-of-way line. No building or structure, as defined
and limited to those occupancies listed as groups A, B, E, H, I, M,
and R in table 3-A of the 1997 Uniform Building Code, shall be
constructed within a 200-foot radius of any tank battery or 150-
foot radius of any wellhead. Any construction within a 200-foot
radius of any tank battery or 150-foot radius of any wellhead shall
require a variance from the terms of this ordinance, pursuant to
the Weld County Zoning Ordinance.
2) Any future structures or uses on site must obtain the appropriate
zoning and building permits.
3) Prior to the release of building permits, the applicant for the
building permit shall be required to submit to the Department of
Planning Services, evidence that the lots have an adequate water
supply of sufficient quality, quantity and dependability.
4) Prior to the release of building permits, the applicant will be
required to submit a recorded deed describing the lot upon which
the building permit is requested with the building permit
application. The legal description on such deed shall include the
lot designation and recorded exemption number.
5) Should noxious weeds exist on the property, or become
established as a result of the proposed development, the
applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Ordinance 169-A.
6) Subdivision Exemption #840 was approved in conjunction with this
recorded exemption for the purpose of dividing off a second set of
existing improvements from the parcel.
7) Recorded exemptions on adjacent properties may raise the issue
of compliance with the intent of the Recorded Exemption process.
Approval of this Recorded Exemption does not guarantee
approval of future applications on adjacent properties.
8) Any proposed subdivision adjacent to or contained within this
2000-3215
RE2838
• •
RE #2838 - SHULTZ FARM, INC.
PAGE 4
Recorded Exemption may be considered to be urban scale
development. Urban scale infrastructure may be required.
9) The text of the Right to Farm Covenant as stated in the Weld
County Comprehensive Plan, effective October 31, 2000.
3. The applicant shall submit a mylar plat to the Department of Planning Services to
be recorded in the office of the Weld County Clerk and Recorder. The plat shall
be prepared in accordance with the requirements of Section 11.7 of the Weld
County Subdivision Ordinance. The plat shall be submitted within sixty (60) days
from the date of approval by the Board of County Commissioners. The applicant
shall be responsible for paying the recording fees.
4. The Board of County Commissioners approval of this recorded exemption is
based upon satisfying the above conditions.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of December, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
- WELD
®COUNTY, COL RADO
-
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J. C arbara J. irkmey r, Chair ae c
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M. . Geile, Proem
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eorge . Baxter
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Glenn Vaad C_
2000-3215
RE2838
iat4;, • •
CWDEPARTMENT OF PLANNING SERVICES
O SUBDIVISION EXEMPTION
COLORADO ADMINISTRATIVE REVIEW
PLANNER: Chris Gathman HEARING DATE: December 20, 2000
CASE NUMBER: RE-2838, 3-Lot Recorded Exemption, Total Acreage is 160 Acres, Proposed Lot A is 3 Acres,
Proposed Lot B is 20 Acres, Proposed Lot C is 134.5 Acres;
SE-840, Subdivision exemption to divide off existing improvements in conjunction with RE-2838,
Proposed SE lot is 2.5 acres;
RE-2840, 3-Lot Recorded Exemption, Total Acreage is 160 Acres, Proposed Lot A is 5 Acres,
Proposed Lot B is 25 Acres, Proposed Lot C is 130 Acres;
RE-2841, 2-Lot Recorded Exemption, Total Acreage is 101 Acres, Proposed Lot A is 10 Acres,
Proposed Lot B is 91 Acres;
RE-2842, 2-Lot Recorded Exemption, Total Acreage is 80 Acres, Proposed Lot A is 16 Acres,
Proposed Lot B is 64 Acres;
APPLICANT: Shultz Farm, Inc. (CIO Todd Hodges Design, LLC)
ADDRESS: 21475 Weld County Road 19, Milliken, CO 80543
REQUEST: Recorded Exemption
LEGAL DESCRIPTION: RE-2838 (Part of SW4 30-4-67 & Part of NW4 31-4-67)
SE-840 (Part of SW4 30-4-67)
RE-2840 (Part of NW4, NE4, SW4, & SE4 30-4-67)
RE-2841 (Part of E2 30-4-67)
RE-2842 (Pad of SW4 30-4-67 & Part of NW4 31-4-67)
PARCEL NUMBERS: 1059-30-000005, 1059-31-000036
PARCEL SIZE: (See Above) ZONE DISTRICT: Agricultural
WATER SOURCE: Little Thompson Water District SEWER SOURCE: Septic systems
The Department of Planning Services' staff has reviewed this request and is recommending denial for the
following reasons:
1. The Department of Planning Services'staff has concerns that the applicant has not shown compliance with Sections
11.4.2 of the Weld County Subdivision Ordinance, as follows:
A. Section 11.4.2.2- Compatibility with existing surrounding land uses. The total number of lots created
through the subdivision exemption process (11)is considered urban-scale development. A.Goal 3 of
the Weld County Comprehensive plan states: "Discourage urban-scale residential, commercial, and
industrial development which is not located adjacent to existing incorporated municipalities." A.Policy
3 of the Weld County Comprehensive Plan states that this is"intended to minimize the incompatibilities
that occur between uses in the agricultural district and districts that allow urban-type uses."
•
8. Consistency with the intent of the zone district the recorded exemption is located within as expressed in the
Weld County Zoning Ordinance. Section 31.1 of the Weld County Zoning Ordinance states"Agriculture in the
COUNTY is a valuable resource which must be protected from adverse impacts resulting from uncontrolled
and undirected business, industrial and residential land uses. The A (Agricultural) District is established to
maintain and promote agriculture as an essential feature of the county. The A (Agricultural) District is
intended to provide areas for the conduct of agricultural activities and activities related to agriculture and
agricultural production without the interference of other, incompatible land uses. The Recorded Exemption
process does not require the applicant to provide the same services that a subdivision process would require.
The applicant is not required to provide an internal road system or any other requirements of a subdivision.
There is also no public process involved in which neighboring properties can comment on the proposed land
division. The recorded exemptions are proposed on prime agricultural land. The number of recorded
exemption lots(10)proposed in a non-urban area is considerable and has the potential to considerably impact
agricultural uses in the area by taking land out of production.
C. Section 11.4.2.4-Consistency with the purpose of efficient and orderly development as expressed in Section
11.8 of this Ordinance.
1) Section 1.3.1 - Assisting Orderly and Integrated Development. A.Goal 3 of the Weld County
Comprehensive Plan states: "Discourage urban-scale residential, commercial, and industrial
development which is not located adjacent to existing incorporated municipalities." The number of
recorded exemptions proposed would create an urban scale development located outside of an urban
growth boundary. Further,the recorded exemption procedure does not contain all of the requirements
of a regular subdivision process which help to address the additional impacts of urban scale
development.
2) Section 1.3.2-Promoting the health, safety and general welfare of the residents of the County. The
scale of development proposed is greater than a standard Recorded Exemption. Recorded Exemption
requirements are not equipped to address the potential impacts of urban scale development created
by multiple recorded exemptions.
3) Section 1.3.5 - Encouraging well-planned subdivisions by establishing adequate standards for
design and improvement. Recorded Exemption standards are inadequate to address the greater
impacts associated with larger, urban-scale residential developments. The Recorded Exemption
process is not intended to be used in place of the subdivision process when the approval of the
recorded exemptions will create an urban scale development.
4) Section 1.3.7- Safeguarding the interests of the public, the homeowner, and the subdivider. (See
above Sections)
5)Section 1.3.8-Securing equitable handling of all subdivision plans by providing uniform procedures
and standards. (See above sections)
6) Section 1.3.10- Preserving agricultural land and promoting its most productive agrarian use. The
proposed recorded exemptions would effectively take 79 acres out of future agricultural production.
This acreage is the total amount of acreage designated as Lot A and/or B for Recorded Exemptions
2838, 2840, 2841 and 2842.
D. Section 11.8.3-An adequate legal access exists for all proposed lots to a public road. All accesses shall be
in accordance with Section 3 of the "Weld County Public Works Policies", Ordinance 180, as amended. The
proposed recorded exemption configuration of RE-2841 would create an island lot(Lot A). Lot A would use
an existing agricultural unimproved road for access. The proposed recorded exemption configuration of Lot
A of RE-2842 would also be an island lot. Legal access would be provided through an access easement.
Planning staff has concerns that these access arrangements may cause future problems when these lots are
sold outside of the family. Section 10.5.10 of Weld County Subdivision Ordinance states: "A flag lot
configuration shall be avoided when possible." The minimum width of a flag lot appendage shall be thirty(30)
feet."These lots do not meet the minimum standards of a flag lot because they do not border the public right-
of-way(Weld County Road 15 and Weld County Road 13).
Shultz Recorded Exemptions recommendations 2
E. Section 11.8.10- The proposed recorded exemption does not evade the statement of purpose as set forth in
Section 1.3 of this Ordinance. It is the opinion of the Department of Planning Services'staff that the proposed
recorded exemptions do in fact evade the statement of purpose as set forth in Section 1.3 of the Subdivision
ordinance for all of the reasons stated previously.
Should the Board of County Commissioners approve this request, the Department of Planning Services' staff
recommends the following conditions be attached:
(Condition 1 applies to all of the proposed recorded exemptions and the subdivision exemption)
1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to
the Weld County Individual Sewage Disposal System (I.S.D.S.)regulations.
RE-2838 Conditions of Approval:
2. Prior to recording the plat:
A. The applicant shall submit evidence to the Department of Planning Services that any existing septic system
meets all requirements of the Weld County Department of Public Health and Environment. The Weld County
Department of Public Health and Environment was unable to locate a septic permit for the septic system
located for the residence to be located on the largest parcel of this application. Any existing septic system
which is not currently permitted through the Weld County Department of Public Health and Environment will
require an I.S.D.S.evaluation prior to the issuance of the required septic permit. In the event the system is
found to be inadequate, the system must be brought into compliance with current I.S.D.S. regulations.
B. The northern lot boundary of proposed Lot B shall be adjusted to incorporated the existing agricultural access
next to the Farmer's Extension Ditch within the boundaries of Lot B.
C. . Lot C shall utilize the existing residential /agricultural /oil and gas/ditch road access points necessary for
agricultural operations. No circle drives or additional accesses shall be granted.
D. No new residential accesses shall be allowed onto Weld County Road 13. Lot A shall share an access point
already in existence. Access to new parcels may be obtained by a mutual reciprocal easement across the
involved parcels to connect with existing points of access or by connection to adjacent-to non-arterial
roadways.
E. A 30-foot wide joint access easement extending across Lot C from Weld County Road 13, for the benefit
of Lots A and C and the subdivision exemption lot (SE-840), shall be clearly shown on the plat. The joint
access easement shall be dedicated for the use as shown utilizing the language set forth in Section
11.7.1.12.5 of the Weld County Subdivision Ordinance. This easement shall be graded and drained to
provide all weather access.
F. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County
Department of Public Works to determine if a culvert is necessary at any approved access point. If a
drainage culvert is required, a 15-inch CMP is the County minimum size. If the applicant chooses to place
a larger culvert, please contact the Department of Public Works to adequately size the culvert.
Shultz Recorded Exemptions recommendations 3
G. The applicant shall submit to the Department of Planning Services a recorded copy of an access agreement _
signed by all owners of property which is crossed by the access.The access shall be for ingress and egress
and shall be referenced on the plat by the Weld County Clerk and Recorders reception number.
H. Weld County Road 13 is designated on the Transportation Plan Map as a arterial status road, which
requires 100 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 50
feet from the centerline of Weld County Road 13 shall be delineated on the plat as right-of-way
reservation for future expansion of Weld County Road 13. This road is maintained by Weld County.
The applicant shall address the requirements of Weld County School District RE-5J as stated in a referral
response received September 6, 2000. Evidence of such shall be submitted in writing to the Department
of Planning Services.
J. The following notes shall be placed on the plat:
1) All proposed or existing structures will or do meet the minimum setback and offset requirements for
the zone district in which the property is located. Pursuant to the definition of setback in the Weld
County Zoning Ordinance, the required setback is measured from the future right-of-way line.
t. No building or structure as defined and limited to those occupancies listed as groups
A,B,E,H,I,M and R in table 3-A of the 1997 Uniform Building Code, shall be constructed
within a 200-foot radius of any tank battery or 150-foot radius of any wellhead. Any
construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead
shall require a variance from the terms of this ordinance, pursuant to the Weld County
Zoning Ordinance. (Ordinance 89, as amended)
2) Any future structures or uses on site must obtain the appropriate zoning and building permits.
3) Prior to the release of building permits, the applicant for the building permit shall be required to
submit to the Department of Planning Services, evidence that the lots have an adequate water
supply of sufficient quality, quantity and dependability.
4) Prior to the release of building permits, the applicant will be required to submit a recorded deed
describing the lot upon which the building permit is requested with the building permit application.
The legal description on such deed shall include the Lot designation and recorded exemption
number.
5) Should noxious weeds exist on the property or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Ordinance 169A.
6) SE-840 was approved in conjunction with this recorded exemption for the purpose of dividing off a
second set of existing improvements from the parcel.
7) Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of
the Recorded Exemption process. Approval of this Recorded Exemption does not guarantee
approval of future applications on adjacent properties.
Shultz Recorded Exemptions recommendations 4
8) Any proposed subdivision adjacent to or contained within this recorded exemption may be
considered to be urban scale development. Urban scale infrastructure may be required.
9) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural
counties in the United States, ranking fifth in total market value of agricultural products sold. The
rural areas of Weld County may be open and spacious, but they are intensively used for
agriculture. Persons moving into a rural area must recognize and accept there are drawbacks,
including conflicts with longstanding agricultural practices and a lower level of services than in
town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to
rural area: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural
atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens, field work, harvest, and gravel roads; odor
from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes;
and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches
and reservoirs cannot simply be moved out of the way of residential development without
threatening the efficient delivery of irrigation to fields which is essential to farm production.
Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a
public or private nuisance if the agricultural operation alleged to be a nuisance employs methods
or practices that are commonly or reasonably associated with agricultural production.
Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware)
with more than 3,700 miles of state and county roads outside of municipalities. The sheer
magnitude of the area to be served stretches available resources. Law enforcement is based on
responses to complaints more than on patrols of the county and the distances which must be
traveled may delay all emergency responses, including law enforcement, ambulance, and fire.
Fire protection is usually provided by volunteers who must leave their jobs and families to respond
to emergencies. County gravel roads, no matter how often they are bladed, will not provide the
same kind of surface expected from a paved road. Snow removal priorities mean that roads from
subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow
removal for roads within subdivisions are of the lowest priority for public works or may be the
private responsibility of the homeowners. Services in rural areas, in many cases, will not be
equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient that
urban dwellers.
Children are exposed to different hazards in the county than in an urban or suburban setting.
Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps
and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs,
and livestock present real threats to children. Controlling children's activities is important, not only
for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for
their children.
Shultz Recorded Exemptions recommendations 5
3. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the
office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the
requirements of Section 11.7 of the Weld County Subdivision Ordinance. The plat shall be submitted
within sixty (60) days from the date of approval by the Board of County Commissioners. The applicant
shall be responsible for paying the recording fees.
4. The Board of County Commissioners approval of this recorded exemption is based upon satisfying the
above conditions.
SE-840 Conditions of Approval:
2. Prior to recording the plat:
A. The applicant shall submit evidence to the Department of Planning Services that any existing septic system
meets all requirements of the Weld County Department of Public Health and Environment. The Weld
County Department of Public Health and Environment was unable to locate a septic permit for the septic
system located for the residence to be located on the largest parcel of this application. Any existing septic
system which is not currently permitted through the Weld County Department of Public Health and
Environment will require an I.S.D.S. evaluation prior to the issuance of the required septic permit. In the
event the system is found to be inadequate, the system must be brought into compliance with current
I.S.D.S. regulations.
B. The subdivision exemption lot shall utilize the existing residential /agricultural /oil and gas/ditch road
access points necessary for agricultural operations. No circle drives or additional accesses shall be
granted. `w t $
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C. A 30-foot widepioint access easement extending across Lot C from Weld County Road 13, for the benefit
of Lots A, Chnd the subdivision exemption lot (SE-840), shall be clearly shown on the plat. The joint
access easement shall be dedicated for the use as shown utilizing the language set forth in Section
11.7.1.12.5 of the Weld County Subdivision Ordinance. This easement shall be graded and drained to
provide all weather access.
Th ap lican II sub o the D a ment PI ni rvi s rec d d yo ac
gree en igne by o Hers f pro erty hick. s d y th a es . a es 11 r n
and gr sand h be re nced o t plat by e W Coun lerk d ord s e ion m r.
E. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County
Department of Public Works to determine if a culvert is necessary at any approved access point. If a
drainage culvert is required, a 15-inch CMP is the County minimum size. If the applicant chooses to place
a larger culvert, please contact the Department of Public Works to adequately size the culvert.
F. Weld County Road 13 is designated on the Transportation Plan Map as a arterial status road, which
requires 100 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 50
feet from the centerline of Weld County Road 13 shall be delineated on the plat as right-of-way reservation
for future expansion of Weld County Road 13. This road is maintained by Weld County.
G. The following notes shall be placed on the plat:
Shultz Recorded Exemptions recommendation
s
1) All proposed or existing structures will or do meet the minimum setback and offset requirements for
the zone district in which the property is located. Pursuant to the definition of setback in the Weld
County Zoning Ordinance, the required setback is measured from the future right-of-way line.
No building or structure as defined and limited to those occupancies listed as groups
A,B,E,H,I,M and R in table 3-A of the 1997 Uniform Building Code, shall be constructed within a
200-foot radius of any tank battery or 150-foot radius of any wellhead. Any construction within
a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance
from the terms of this ordinance, pursuant to the Weld County Zoning Ordinance. (Ordinance
89, as amended)
2) Any future structures or uses on site must obtain the appropriate zoning and building permits.
3) Prior to the release of building permits, the applicant for the building permit shall be required to submit
to the Department of Planning Services, evidence that the lots have an adequate water supply of
sufficient quality, quantity and dependability.
4) Prior to the release of building permits, the applicant will be required to submit a recorded deed
describing the lot upon which the building permit is requested with the building permit application. The
legal description on such deed shall include the Lot designation and recorded exemption number.
5) Should noxious weeds exist on the property or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant
to Ordinance 169A.
6) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural
counties in the United States, ranking fifth in total market value of agricultural products sold. The
rural areas of Weld County may be open and spacious, but they are intensively used for agriculture.
Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts
with longstanding agricultural practices and a lower level of services than in town. Along with the
drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views,
spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life.
Without neighboring farms, those features which attract urban dwellers to rural Weld County would
quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens, field work, harvest, and gravel roads; odor from
animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; and the
use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and
reservoirs cannot simply be moved out of the way of residential development without threatening the
efficient delivery of irrigation to fields which is essential to farm production.
Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public
or private nuisance if the agricultural operation alleged to be a nuisance employs methods or
practices that are commonly or reasonably associated with agricultural production.
Shultz Recorded Exemptions recommendations 7
•
Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware)
with more than 3,700 miles of state and county roads outside of municipalities. The sheer
magnitude of the area to be served stretches available resources. Law enforcement is based on
responses to complaints more than on patrols of the county and the distances which must be
traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire
protection is usually provided by volunteers who must leave their jobs and families to respond to
emergencies. County gravel roads, no matter how often they are bladed, will not provide the same
kind of surface expected from a paved road. Snow removal priorities mean that roads from
subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow
removal for roads within subdivisions are of the lowest priority for public works or may be the private
responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to
municipal services. Rural dwellers must, by necessity, be more self-sufficient that urban dwellers.
Children are exposed to different hazards in the county than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and
center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and
livestock present real threats to children. Controlling children's activities is important, not only for
their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their
children.
3. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the
office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the
requirements of Section 11.7 of the Weld County Subdivision Ordinance. The plat shall be submitted
within sixty (60) days from the date of approval by the Board of County Commissioners. The applicant
shall be responsible for paying the recording fees.
4. The Board of County Commissioners approval of this recorded exemption is based upon satisfying the
above conditions.
Shultz Recorded Exemptions recommendations 8
S
RE-2840 Conditions of Approval:
2. Prior to recording the plat:
A. In accordance with Weld County Department of Public Works Ordinance #180, Lots A and C shall be
granted one residential/agricultural access. Direct access from a public road shall be limited to one access
per legal parcel for residential use, no circle drives or additional accesses shall be granted. Access will be
placed in such a location as to have adequate sight distance in both directions and not below the crest of a
hill or where physical obstructions are present. This access shall be a minimum of 75 feet from any
intersecting County or State roadways. No new private residential accesses shall be allowed onto Weld
County 13. Lot C shall access onto Weld County Road 42.
B. Lots B and C shall utilize the existing agricultural /oil and gas/ditch road access points necessary for
agricultural operations. No circle drives or additional accesses shall be granted. LOT A 5h&(1 0CCeSS
Dyck, t,PC2 HZ
C. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County
Department of Public Works to determine if a culvert is necessary at any approved access point. If a
drainage culvert is required, a 15-inch CMP is the County minimum size. If the applicant chooses to place
a larger culvert, please contact the Department of Public Works to adequately size the culvert.
D. Weld County Road 13 is designated on the Transportation Plan Map as a arterial status road, which
requires 100 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 50
feet from the centerline of Weld County Road 13 shall be delineated on the plat as right-of-way reservation
for future expansion of Weld County Road 13. This road is maintained by Weld County.
E. Weld County Road 42 is designated on the Transportation Plan Map as a local gravel road, which requires
60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 30 feet from the
centerline of Weld County Road 42 shall be delineated on the plat. This road is maintained by Weld
County.
D. The applicants shall address the requirements of the Weld County School District RE-5J as stated in a
referral response received September 5, 2000. Evidence of such shall be submitted in writing to the
Department of Planning Services.
E. The following notes shall be placed on the plat:
1) All proposed or existing structures will or do meet the minimum setback and offset requirements for
the zone district in which the property is located. Pursuant to the definition of setback in the Weld
County Zoning Ordinance, the required setback is measured from the future right-of-way line.
No building or structure as defined and limited to those occupancies listed as groups
A,B,E,H,I,M and R in table 3-A of the 1997 Uniform Building Code, shall be constructed within a
200-foot radius of any tank battery or 150-foot radius of any wellhead. Any construction within
a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance
from the terms of this ordinance, pursuant to the Weld County Zoning Ordinance. (Ordinance
89, as amended)
2) Any future structures or uses on site must obtain the appropriate zoning and building permits.
Shultz Recorded Exemptions recommendations 9
3) Prior to the release of building permits, the applicant for the building permit shall be required to submit -
to the Department of Planning Services, evidence that the lots have an adequate water supply of
sufficient quality, quantity and dependability.
4) Prior to the release of building permits, the applicant will be required to submit a recorded deed
describing the lot upon which the building permit is requested with the building permit application. The
legal description on such deed shall include the Lot designation and recorded exemption number.
5) Should noxious weeds exist on the property or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant
to Ordinance 169A.
6) Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of
the Recorded Exemption process. Approval of this Recorded Exemption does not guarantee
approval of future applications on adjacent properties.
7) Any proposed subdivision adjacent to or contained within this recorded exemption may be
considered to be urban scale development. Urban scale infrastructure may be required.
8) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural
counties in the United States, ranking fifth in total market value of agricultural products sold. The
rural areas of Weld County may be open and spacious, but they are intensively used for agriculture.
Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts
with longstanding agricultural practices and a lower level of services than in town. Along with the
drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views,
spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life.
Without neighboring farms, those features which attract urban dwellers to rural Weld County would
quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens, field work, harvest, and gravel roads; odor from
•animal confinement, silage, and manure; smoke from ditch burning;flies and mosquitoes; and the
use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and
reservoirs cannot simply be moved out of the way of residential development without threatening the
efficient delivery of irrigation to fields which is essential to farm production.
Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public
or private nuisance if the agricultural operation alleged to be a nuisance employs methods or
practices that are commonly or reasonably associated with agricultural production.
Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware)
with more than 3,700 miles of state and county roads outside of municipalities. The sheer
magnitude of the area to be served stretches available resources. Law enforcement is based on
responses to complaints more than on patrols of the county and the distances which must be
traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire
protection is usually provided by volunteers who must leave their jobs and families to respond to
emergencies. County gravel roads, no matter how often they are bladed, will not provide the same
Shultz Recorded Exemptions recommendations 10
kind of surface expected from a paved road. Snow removal priorities mean that roads from
subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow
removal for roads within subdivisions are of the lowest priority for public works or may be the private
responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to
municipal services. Rural dwellers must, by necessity, be more self-sufficient that urban dwellers.
Children are exposed to different hazards in the county than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and
center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and
livestock present real threats to children. Controlling children's activities is important, not only for
their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their
children.
3. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the
office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the
requirements of Section 11.7 of the Weld County Subdivision Ordinance. The plat shall be submitted
within sixty (60) days from the date of approval by the Board of County Commissioners. The applicant
shall be responsible for paying the recording fees.
4. The Board of County Commissioners approval of this recorded exemption is based upon satisfying
the above conditions.
Shultz Recorded Exemptions recommendations 11
RE-2841 Conditions of Approval:
2. Prior to recording the plat:
A. Lots bpB shall utilize the existing agricultural /oil and gas/ditch road access points necessary for
agricultural operations. No circle drives or additional accesses shall be granted. Liu -4-°
GU1
i o
B. Lots A and B shall share a joint residential access point. D S ,2$14‘CZE t, .
C. A 30-foot wide joe access easement extending across Lotk'from Weld County Road 15, for the benefit
of both Lott?A and; shall be clearly shown on the plat. The joint access easement shall be dedicated for
the use as shown utilizing the language set forth in Section 11.7.1.12.5 of the Weld County Subdivision
Ordinance. This easement shall be graded and drained to provide all weather access.
D. The internal road(s) shall enter onto WCR 13 at a 90-degree angle, for a minimum of one vehicle
length, to provide adequate sight distance in both directions.
E. The applicant shall submit to the Department of Planning Services a recorded copy of an access
agreement signed by all owners of property which is crossed by the access. The access shall be for
ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders
reception number.
F. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County
Department of Public Works to determine if a culvert is necessary at any approved access point. If a
drainage culvert is required, a 15-inch CMP is the County minimum size. If the applicant chooses to
place a larger culvert, please contact the Department of Public Works to adequately size the culvert.
G. Weld County Road 15 is designated on the Transportation Plan Map as a local gravel road, which
requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 30
feet from the centerline of Weld County Road 13 shall be delineated on the plat. This road i maintained
by Weld County. 1 N Rcco�cAcwc� II �y pas (2 t `1
Wie la,3 (O 5NalI 30- Rsarra-
H. The applicant shall address the requirements of the Weld County School District RE-5J as stated in a
referral response received September 6, 2000. Evidence of such shall be submitted in writing tothe
Department`f Planning 5ervices.El -rail I 1_(m 6 5inck\\ r j�1vOt.} 3,(Q�
I. The following notes shall be plat don the plat:
acre-s for' c& t„„_ �`
uJ1 . TO }�� 4 .of d.
W I toT 13 � Z r Q #—� 13
1) All proposed or existing structures will or do meet the minimum setback and offset requiremen s or _
the zone district in which the property is located. Pursuant to the definition of setback in the Weld o�
Ziritrt
County Zoning Ordinance, the required setback is measured from the future right-of-way line. '
No building or structure as defined and limited to those occupancies listed as groups
A,B,E,H,I,M and R in table 3-A of the 1997 Uniform Building Code, shall be constructed within
a 200-foot radius of any tank battery or 150-foot radius of any wellhead. Any construction
within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a
variance from the terms of this ordinance, pursuant to the Weld County Zoning Ordinance.
(Ordinance 89, as amended)
Shultz Recorded Exemptions recommendations 12
0
2) Any future structures or uses on site must obtain the appropriate zoning and building permits.
3) Prior to the release of building permits, the applicant for the building permit shall be required to
submit to the Department of Planning Services, evidence that the lots have an adequate water
supply of sufficient quality, quantity and dependability.
4) Prior to the release of building permits, the applicant will be required to submit a recorded deed
describing the lot upon which the building permit is requested with the building permit application.
The legal description on such deed shall include the Lot designation and recorded exemption
number.
5) Should noxious weeds exist on the property or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Ordinance 169A.
6) Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of
the Recorded Exemption process. Approval of this Recorded Exemption does not guarantee
approval of future applications on adjacent properties.
7) Any proposed subdivision adjacent to or contained within this recorded exemption may be
considered to be urban scale development. Urban scale infrastructure may be required.
8) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural
counties in the United States, ranking fifth in total market value of agricultural products sold. The
rural areas of Weld County may be open and spacious, but they are intensively used for
agriculture. Persons moving into a rural area must recognize and accept there are drawbacks,
including conflicts with longstanding agricultural practices and a lower level of services than in
town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to
rural area: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural
atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well run agricultural
activities will generate off-site impacts, including noise from tractors and equipment; slow-moving
farm vehicles on rural roads; dust from animal pens, field work, harvest, and gravel roads; odor
from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; and
the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and
reservoirs cannot simply be moved out of the way of residential development without threatening
•
the efficient delivery of irrigation to fields which is essential to farm production.
Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a
public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or
, practices that are commonly or reasonably associated with agricultural production.
Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware)
with more than 3,700 miles of state and county roads outside of municipalities. The sheer
magnitude of the area to be served stretches available resources. Law enforcement is based on
responses to complaints more than on patrols of the county and the distances which must be
Shultz Recorded Exemptions recommendations 13
traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire
protection is usually provided by volunteers who must leave their jobs and families to respond to
emergencies. County gravel roads, no matter how often they are bladed, will not provide the same
kind of surface expected from a paved road. Snow removal priorities mean that roads from
subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow
removal for roads within subdivisions are of the lowest priority for public works or may be the
private responsibility of the homeowners. Services in rural areas, in many cases, will not be
equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient that
urban dwellers.
Children are exposed to different hazards in the county than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and
center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and
livestock present real threats to children. Controlling children's activities is important, not only for
their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their
children.
3. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office
of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements
of Section 11.7 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty (60)
days from the date of approval by the Board of County Commissioners. The applicant shall be responsible
for paying the recording fees.
4. The Board of County Commissioners approval of this recorded exemption is based upon satisfying the
above conditions.
•
Shultz Recorded Exemptions recommendations 14
RE-2842 Conditions of Approval:
2. Prior to recording the plat:
A. Lots A and B shall utilize the existing residential /agricultural /oil and gas/ ditch road access points necessary for
agricultural operations. No circle drives or additional accesses shall be granted.
p of RE— 7.2.'4 1
B. A 30-foot wide joint access easement extending across Lot 8 from Weld County Road 13, for the benefit of6ettr—
Lot4 A40t100, shall be clearly shown on the plat. The joint access easement shall be dedicated for the use as
shown utilizing the language set forth in Section 11.7.1.12.5 of the Weld County Subdivision Ordinance. This
easement shall be graded and drained to provide all weather access.
,_ 30-- Fo - JoinF Acca5S o\ccos, c.cross Lo+ `U o z FE.-723'S.
C. The applicant shall submit to the Department of Planning Services a recorded copy of an access agreement
signed by all owners of property which is crossed by the access. The access shall be for ingress and egress and
shall be referenced on the plat by the Weld County Clerk and Recorders reception number.
D. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County
Department of Public Works to determine if a culvert is necessary at any approved access point. If a drainage
culvert is required, a 15-inch CMP is the County minimum size. If the applicant chooses to place a larger culvert,
please contact the Department of Public Works to adequately size the culvert.
E. Weld County Road 13 is designated on the Transportation PIE).Map as an arterial status road, which requires
100 feet of right-of-way at full build out. There is presently opnet of right-of-way. A total of tifeet from the
centerline of Weld County Road 13 shall be delineated on the plat as right-of-way reservation tor
i road is maintained by Weld Coun
ty.
.
expansion of Weld County Road 13. This o tY
F. The applicants shall address the requirements of the Weld County Sch
ool District RE-5J as stated in a referral
response received September 5, 2000. Evidence of such shall be submitted in writing to the Department of
Planning Services.
G. The following notes shall be placed on the plat:
1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the
zone district in which the property is located. Pursuant to the definition of setback in the Weld County
Zoning Ordinance, the required setback is measured from the future right-of-way line.
No building or structure as defined and limited to those occupancies listed as groups A,B,E,H,I,M and
R in table 3-A of the 1997 Uniform Building Code, shall be constructed within a 200-foot radius of any
tank battery or 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank
battery or 150-foot radius of any wellhead shall require a variance from the terms of this ordinance,
pursuant to the Weld County Zoning Ordinance. (Ordinance 89, as amended)
2) Any future structures or uses on site must obtain the appropriate zoning and building permits.
3) Prior to the release of building permits, the applicant for the building permit shall be required to submit to
the Department of Planning Services, evidence that the lots have an adequate water supply of sufficient
quality, quantity and dependability.
Shultz Recorded Exemptions recommendations 15
4) Prior to the release of building permits, the applicant will be required to submit a recorded deed describing
the lot upon which the building permit is requested with the building permit application. The legal
description on such deed shall include the Lot designation and recorded exemption number.
5) Should noxious weeds exist on the property or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to
Ordinance 169A.
6) Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of the
Recorded Exemption process.Approval of this Recorded Exemption does not guarantee approval of
future applications on adjacent properties.
7) Any proposed subdivision adjacent to or contained within this recorded exemption may be considered to
be urban scale development. Urban scale infrastructure may be required.
8) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural counties in
the United States, ranking fifth in total market value of agricultural products sold. The rural areas of Weld
County may be open and spacious, but they are intensively used for agriculture. Persons moving into a
rural area must recognize and accept there are drawbacks, including conflicts with longstanding
agricultural practices and a lower level of services than in town. Along with the drawbacks come the
incentives which attract urban dwellers to relocate to rural area: open views, spaciousness, wildlife, lack
of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those
features which attract urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities
will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on
rural roads;dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement,
silage, and manure; smoke from ditch burning; flies and mosquitoes; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be
moved out of the way of residential development without threatening the efficient delivery of irrigation to
fields which is essential to farm production.
Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public or
private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that
are commonly or reasonably associated with agricultural production.
Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware)with
more than 3,700 miles of state and county roads outside of municipalities. The sheer magnitude of the
area to be served stretches available resources. Law enforcement is based on responses to complaints
more than on patrols of the county and the distances which must be traveled may delay all emergency
responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by
volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no
matter how often they are bladed, will not provide the same kind of surface expected from a paved road.
Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several
days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for
public works or may be the private responsibility of the homeowners. Services in rural areas, in many
cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more
self-sufficient that urban dwellers.
Shultz Recorded Exemptions recommendations 16
Children are exposed to different hazards in the county than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present
real threats to children. Controlling children's activities is important, not only for their safety, but also for
the protection of the farmer's livelihood. Parents are responsible for their children.
3. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office
of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of
Section 11.7 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty (60) days
from the date of approval by the Board of County Commissioners. The applicant shall be responsible for
paying the recording fees.
4. The Board of County Commissioners approval of this recorded exemption is based upon satisfying the
above conditions.
Shultz Recorded Exemptions recommendations 17
12-e- - Z-3 3g • •
::.:... .:...::.:....:
Item Comments Check
Proper size of plat 24' X 36" or l8" 24"
Boundaries of Lot(s)
Scale Suitable Scale? (Approx. 1"=?00' or l"=100')
Access indicated Shared a cess? If so. is Easement Cem icate includ d? lV3
--Tla.& 5;c acs, Il tl a�i$cr y
Roads labeled, including R.O.W. z"'x`c-4 u"o"� c '� ca.3-f►'�c
oc� N- CA. SvN
Building Envelope(s) 1\11A
Vicinity Map Suitable Scale?(Approx. 1"=2000'); Not on SE
North Arrow
Legal Description
Notes from Planner;
Development Standards
Conditions Of Approval Gc)a.ASL,
completed? /r ,�
Q-ivs�"�
Dove=
Owner's Certificate Notarial Certificate included? If deed indicates two
owners,have both signed the plat?
Surveyor's Certificate, All 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)
N6610
*RE, SE&ZPMH,if Board approved.
Typical Road Cross Section If a COZ, Final PUD
Easements If Final PUD
Please return the plat to CAD Tech. within 24 hours of receiving the plat.
Planner On Call: (Initials)
Planner Signature: Date:
Chris Gathman - Re: corrected plats for RE-2838, 2840, 2841, 2842 & SE-840 (Shultz Farm, Inc.) Page 1
From: BRUCE Barker
To: Gathman, Chris
Date: 1/17/02 2:27PM
Subject: Re: corrected plats for RE-2838, 2840, 2841, 2842 & SE-840 (Shultz Farm, Inc.)
I suggest that the corrected plats should be reviewed by you and, if OK, send over with an explanation and
ask that Glenn sign. Bruce.
>>> Chris Gathman 01/17/02 11:27AM >>>
I just received corrected plats for these recorded exemptions to correct surveyor errors and to indicate
utility easements on the plats. These applications were originally approved by the Board of County
Commissioners on December 20, 2000. I am assuming that these plats will need to be brought back
before the Board of County Commissioners because it requires a signature of the Chairman of the Board.
If this is not required (because this is only a correction and not a substantial change to the applications),
please let me know.
Thanks
CC: Morrison, LEE
WELD COUNTY DEPARTMENT OF PUBLIC SE#
HEAL ND ENVIRONMENT ORG PERMIT#
1555 . '"AVENUE REPAIR#
GREELEY, COLORADO 80631 LOAN#
PHONE: (970)304-6415 ISDS#(91
W�`PC STATEMENT OF EXISTING FOR SEPTIC SYSTEM
COLORADO (PLEASE FILL OUT IN BLACK INK ONLY)
PARCEL# j ,S 1 30 0000 es
PROPERTY OWNER 3$oi r - FR,-w. PHONE NO. (DO) S87-a7y9
MAILING ADDRESS &I Y 7S t3(At VI 111/41 l uLe.,e.n) 62, POD Y 3
City State Zip
DESCRIPTION OF BUILDING (ex. house,mobile/modular home,
shop,office) Nc..3E_
SITE/LOCATION ADDRESS j ct 13 b 1x s)C It 13
City State Zip
LEGAL DESCRIPTION PT PT 6L /i SECTION f TOWNSHIP 1/4I RANGE 427
SUBDIVISION LOT BLOCK FILING
CENCUS TRACT LOT SIZE/ACRES 131, S'j
COMMERCIAL YES/NO RESIDENTIAL ' ES NO
NUMBER OF PERSONS 4 BASE PLUMBING YES/NO
BEDROOMS - BATHROOMS FULL ( 3/4 , 1/2
WATER SUPPLY PUBLIC YES/NO UTILITY NAME I.]7-7 E f hcn-?3 0,3
PRIVATE YES/NO CISTERN YES/NO WELL YES/NO WELL PERMIT it
SYSTEM SIZE: Septic tank material is constructed of £i•3(art and has S0O gallons capacity.
FIELD: Trench square feet or Bed U./--Ntu P") square feet YEAR INSTALLED "d (9SC
You are required to draw a diagram of the system on the reverse side of this form in black ink only and indicate
location,length,width,and distance from the dwelling.
The undersigned property owner hereby certifies that the above described septic system is in fact installed,as
described,and exists at this time on the parcel of ground identified by the above legal description and further states
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.
I further understand that any falsification or misrepresentation may result in revocation of any permit granted based
upon this information hereby submitted an, in legal action for perjury as provided by law.
1/4 P •
c LER
tz , ,
My commission expires: A7/.melt ,2� 20a f
NOTARY PFTBLIC
STA a Zt D BY
' ENVIRONMENTAL PROTECTION SPECIALIST
July 24,2001
Weld County Recorded Exemptions 2838, 2840, 2841, &2842 and Subdivision Exemption 840
Legal Description: Part of SE4, SW4,NE4 &NW4 of Section 30 and part of NW4 of Section 31
Township 4 North,Range 67 West of the 6th P.M.,Weld County, Colorado
To Whom It May Concern:
Weld County School District RE-5J, and Shultz Farm, Inc.,the owners of the above named
property,have agreed that any REs or Lots sold will have an impact fee for the schools attached
to them. The impact fee will be due and payable at the time a building permit is pulled on such
property. The amount of the impact fee will be whatever the current fee is at the time the permit
is applied for.
Sincerely,
7/4/
Jac. endar
Supe •i tendent of Schools District RE-5J
eAkiA) --
Steven E. Shultz
President Shultz Farm Inc.
Chris Gathman - Shultz Farm RE/SE plat • Page 1
From: Chris Gathman
To: I: toddhodgesdesign@earthlink.net
Date: 6/13/01 9:34AM
Subject: Shultz Farm RE/SE plats
I have finally reviewed these plats and have the following corrections:
RE-2838
* Easement Certificate and signature line needs to be included on the plat. (An example easement
certificate is located in Appendix 24-F of the Weld County Code).
* Indicate on the survey which lots the access easements intend to access (the RE-2841 plat is a good
example).
*The Dept. of Planning Services approval certificate needs to be removed and replaced with Board of
County Commissioners approval certificate. (Example certificate is located in Appendix 24-F of the
County Code)
(Have you spoke with Farmer's Extension Ditch Company about using the access along the ditch?)
RE-2840
* Easement certificate needs to be indicated on the plat. (Appendix 24-F)
* Indicate what access easements will access which lots (Like RE-2841)
* Remove Planning Commission approval certificate and replace with Board approval certificate
(Appendix 24-F).
RE-2841
*Same as above except access easements are already labeled.
(Remove"proposed"from "building envelope").
RE-2842
*Same as RE-2838 and 2840.
(remove"proposed"from "building envelope".)
SE-840
* Need to indicate scale on map.
*All other requirements similar to RE-2838, RE-2840 and RE-2842.
(Is the existing residence on the SE-840 lot on well or is it served by Little Thompson. If it is on well there
could be some Health Dept. issues with proposed lot size.)
Let me know if there is anything else or if you want me to call the surveyor.
e • •
Shultz RE- Presentation
Good Morning, Chris Gathman, Department of Planning Services:
This meeting is in regards to RE-2838, 2840, 2841, and SE-840.
Planning Staff has reviewed these requests and is recommending
denial for the following reasons:
* The number of lots to be created through the recorded exemption
process is 10 lots on contiguous properties outside of an urban
growth boundary. This is considered urban scale development. The
Weld County Comprehensive Plan (Agoal.3) discourages urban scale
residential development when not adjacent to incorporated
municipalities.
* The proposal is not consistent with the intent of the agricultural
zone district. The Weld County Zoning Ordinance states that
agriculture is a valuable resource which must be protected from
adverse impacts resulting from undirected residential development.
The recorded exemption process does not require the applicant to
provide the same services and meet the same requirements of a
subdivision. An internal road system, drainage report and
geotechnical report are not required in the recorded exemption
process to address potential impacts. There is also no public notice
process in which neighboring property owners would be notified of
the proposed land divisions and be given the opportunity to comment
on any potential impacts to their properties.
* The proposed recorded exemptions would effectively take 79 acres
out of agricultural production.
* Proposed recorded exemptions 2941 & 2942 would create two island
lots. Lot A of Recorded Exemption 2841 along with Lot A of Recorded
Exemption 2842 are island lots. Planning staff has concerns that
these access arrangements may cause future problems when these
lots are sold outside the family.
• •
Modifications to proposal:
* Department of Planning Services has spoke with the representative
for the applicants and the applicants have decided to move Lot A of
RE-2838 to the sprinkler corner adjacent to the existing access on the
property. (Show RE-2838 overhead).
Planning Staff recommends the following revisions to the conditions
of approval should these recorded exemptions be approved.
1) RE-2838 Condition of Approval 2(C) - removed Lot B from this
reference.
2) RE-2840 Condition of Approval 2(B) - added lot C.
3) RE-2841 Condition of Approval 2(B) added: "Lots A and B shall
share a joint residential access point".
4) RE-2841 Condition of Approval 2(C) added "Lot B" and "Weld
County Road 15".
5) RE-2841-Condition of Approval 2(D) added: "The internal road(s)
shall enter on to WCR 13 at a 90-degree angle, for a minimum of one
vehicle length, to provide adequate sight distance in both directions."
1 •
DEPARTMENT OF PLANNING SERVICES \ 7
1555 North 17th Avenue
Greeley, CO 80631
(970) 353-6100-Fax (970)304-6498
• DATE '-'io`,1QZDO 1$ RECEIPT " a° 05801
RECEIVED FROM _Y-GC-07)
"' NO. TYPE /FE�EESS
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42 REiSE - CE_.•
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4221 •ZPMH(MHZPIZPAO
4221-USR
4221 -SITE PLAN REVIEW
4221 -COZ
4221 PUB
4221 -SUBDIVISION
4221 -BOA
4221 -MINOR SUB
4221-FHDP/GHDP
4221 •REPLAT
6560-RECORDING FEE
4430-MAPS/PUBLICATIONS
4730•INVESTIGATION FEE
4430-POSTAGE/HANDLING
❑ CASH CHECK NO- X00
TOTAL
B Y i. :�i i�•1 r/Mt,/. -'i
WHITE-CUSTOMER CANARY FINANCE COPY
1
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WELD COUNTY,COLORADO
DEPARTMENT OF PLANNING SERVICES
1555 N. 17T"AVENUE
• GREELEY,CO 80631
PHONE(970)353-6100,EXT.3540-Fax(970)304-6498
4.. DATE: 3 C'-.l . ; 2)) $ 20 2 RECEIPT " 07970
s RECEIVED FROM: � '_A) -42'4)11 <.-
NO. TYPE FEES
E 4221 -RE/SE
4221 -ZPMH
F 4221 -USR
4221 -SITE PLAN REVIEW
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4221 -.COZ
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' MISC.
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CASH O CHECK NO: TOTAL
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WHITE-CUSTOMER CANARY-FINANCE PINK-FILE
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{oL„
L�� APPLICATION FLOW SHEET
WE
COLORADO
APPLICANT: Shultz Farm, Inc. CASE #: RE-2838
REQUEST: 3-Lot Recorded Exemption
LEGAL: Pt. of SW1/4 of 30-4-67 & Pt. of NW1/4 31-4-67
LOCATION: East of and adjacent to WCR 13, Approx. 1/4 mile South of WCR 42
PARCEL ID#: 1059-30-000005 & 1059-31-000036 ACRES: 80 Acres
Date By
Application Received 8/23/00 SL
Application Completed 8/23/00 SL
Referrals listed 8/28/00 CG
Design Review Meeting (PUD)
File assembled c/2CI /00 /S
Letter to applicant mailed ,Cj/95/Jj
Referrals mailed W729/7o
Chaindexed W50/(,"t --J
Vicinity map prepared
Field check by DPS staff INI$A00 C,g.
Administrative Review decision: Boas-at- 10/20/00
Date By
County Commisioners Hearing Date(if applicable) 12120/00 e.
Surrounding property owners notified
Air photo and maps prepared 13Q1a'F
CC action: /2(2_0 (00 /2/20(00
CC resolution received
Recorded on maps and filed F-7 V;)& /
Overlay Districts Road Impact Fee Area:
Zoning A Yes NoX_
Airport Yes No_X_ SW Weld #1 #2_#3_
Geologic Yes No_X_ Windsor
Flood Hazard Yes No_X_
Panel #080266-0750C
• •
. Todd Hodges Design, LLC
3- Lot Recorded Exemption Application
Pt. SW % 30-04-67 $ Pt. NW % 3 1 -04-67
Prepared for:
Shultz Farm, Inc.
2 1475 WCK 19
Milliken, Colorado 80543
Prepared by:
Todd Hodges Design, LLC
24 12 Denby Court
Fort Collins, Colorado 80526
Submitted:
August 23, 2000
2412 Denby Court • Fort Collins, Colorado 80526 • (970) 207-0272
email: toddhodgesdesign(aearthlink.net
• i
Todd Hodges Design, LLC
Table of Contents
1. Recorded Exemption application sheet
2. Recorded Exemption Questionnaire
3. Weld County Road Access Information Sheet
4. Site Map
5. F.E.M.A. Community Panel
6. Soil Conservation Service — Soil Survey
7. Deed
8. Water Letter
9. Certificate of Conveyance
2412 Denby Court • Fort Collins, Colorado 80526 • (970) 207-0272
email: toddhodgesdesign@earthlink.net
III
•
DEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices, 1400 N. 17"'Avenue, Greeley Colorado 80631
Phone (970) 353-6100, Ext. 3540—Fax#(970) 352-6312
APPLICATION FOR RECORDED EXEMPTION
Application Fee Receipt Number (ace Number
Recording Fee Receipt Number Zoning District
Application Checked By Planner Assigned to Case
TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures).
I (we), the undersigned hereby request that the following described property be designated a recorded exemption
by the Weld County Board of County Commissioners.
Legal Description: Pt. SW%Section 30&Pt. NW' Section 31 Total Acreage: 160 Zoning AG
-iat c.rllr-4 tJetFt -kael4e 47\/tM"
Parcel Number:1059 30 000005 & 1059 31 000036 (12-digit number—found on Tax I.D. Information or
obtained at the Assessor's Office).
Has this property been divided from or had divided from it any other property since August 30, 1972?
Yes_ No X
Is this parcel of land under consideration the total contiguous land owned by the applicant?
Yes No X
Does the parcel of land under consideration lie in any of the following Overlay Districts?
Flood Hazard:Yes No X; Airport: Yes_ No X; Geological Hazard: Yes— No X
FEE OWNERS OF PROPERTY
Name: Shut Farm. Inc. Home Phone# Work Phone (970) 679-8841
Address: 21475 WCR 19 City/State/Zip Code Milliken, Colorado 80543
Applicant or Authorized Agent: TODD HODGES DESIGN. LW do: Todd Hodges Phone# (970) 207-0272
Address: 2412 Denby Court City/State/Zip Code Fort Collins. Colorado 80526
Smaller Parcel
Larger Parcel Smaller Parcel Applicable only for 3-iot
Recorded Exemption
Water Setace Little Thompson Water Dist. Little Thomp
son pson Water Dist. Little Thompson Water Dist.
Type of Sewer Septic Septic Septic
Proposed Use Ag/Res Ag/Res Ag/Res
Acreage 134.5 acres, more or less 20 acres, more or less 3 acres, more or less
Existing Dwellings
Yes or No Yes No No
Existing Dwellings Address (if applicable):
Larger Parcel 19134 WCR 13 Smaller Parcel NA
Smaller Parcel (applicable only for 3-lot Recorded Exemption) NA
I hereby state that all statements, proposals, or plans submitted with this application are true and correct to the best
of my knowledge.
:�H� T 1:14"44_/+.1C: 4( AA _ 1 I—
Rev: 1.27-97 Signature: Owner or AA9horized Age /
Recorded Exemption Questionnaire
1. Water supply statements addressing the following:
a. Domestic use; Domestic water is proposed from Little Thompson Water District.
Attached is a copy of the "will-serve"letter from Mike Cook with the District.
b. Irrigation water; Irrigation water will remain with Lot C. Ditch carrying stock can be
transferred to Lot B for the ability to rent water.
2. A statement explaining that the proposed lots will have an adequate means for the
disposal of sewage in compliance with the requirements of the underlying zone district
and the Weld County Health Department. A copy of the septic permit or a letter from
the sewage disposal facility must accompany the application.
The proposed lots will have an adequate means for the disposal of sewage and will maintain
compliance with the requirements of the zone district and the Weld County Health
Department. A septic permit will be applied for with any residential building permits.
There is an existing septic system located on Lot C and the SE lot in conjunction with this
RE application. The applicant will fill out a "statement of existing septic" information
sheet if permits cannot be found in the health department files.
3. A description of how the property is being used. When the parcel(s) is located in the
agricultural zone district, the description shall include approximate acreage of prime
and nonprime farmland as defined in the Weld County Comprehensive Plan, number
and types of livestock and any existing improvements such as the principal residence,
labor home, mobile home, manufactured home, barn, outbuildings, irrigation ditches,
and oil well production facilities on the property.
The property is currently and has been in agricultural and residential uses. Most of the
existing improvements are located on Lot C. Oil and gas facilities are located on the
property and are delineated on the site map. There are no animal units located on the
property at this time. The property is designated as "prime"farmland. Irrigation ditches
are shown on the site map.
4. The reason for the proposed recorded exemption with an explanation how each lot will
be used.
The purpose of this application is to split existing improvements and less productive
portions of the site from the remaining farmland. Lot B is located across the ditch from the
remainder of this site. Each lot will have the ability to continue in agricultural and
residential uses. The SE lot proposed in conjunction with this RE is splitting one set of the
existing improvements from the remainder of the farm.
5. A description of the location, size and present use of the area where the proposed new
lot(s)will be created.
•
Lot A is proposed at three acres, Lot B is proposed at 20 acres and Lot'C is proposed at
134.5 acres. The subdivision exemption lot in conjunction with this proposal is 2.5 acres.
Lot A is existing waste land located south of Hill Lake, Lot B is separated by an existing
ditch and Lot C has existing improvements, non-productive portions around the lake and the
productive portions of the site. See attached site map for the location of the lots and
existing improvements.
6. A statement describing any unique physical characteristics on the site, if applicable.
This site is broken up by the Great Western Railroad, Farmers Extension Ditch and has Hill
Lake in the southwestern portion of the site.
7. A statement indicating that all proposed or existing structures will or do meet
minimum setback and offset requirements for the zone district in which the property is
located.
All proposed structures will meet the minimum setback and offset requirements for the
agricultural zone district.
8. A statement indicating whether the applicant is willing to place a conservation
easement on the property to maintain farm production or open space.
A conservation easement is not applicable to this proposal.
9. A statement indicating whether a building envelope will be designated on any of the
lots.
A building envelope is not applicable to this proposal Lot C has existing improvements,
Lot A is non-productive and Lot B is limited by existing uses of the site.
10. A statement explaining how the proposal is consistent with the Weld County
Comprehensive Plan and any adopted municipal plan, and any approved
intergovernmental agreement(s), if applicable.
This proposal allows for the continued agricultural uses of the site and passive open space
for the benefit of the citizens of Weld County. This proposal does not take "prime"
farmland out of production and allows the property owner to split off the existing
improvements. This proposal will allow the property owner to invest in a proposed pivot
sprinkler system for more efficient use of irrigation water on the productive portion of the
site. This proposal is not located within an Urban Growth Boundary area, as designated
by Weld County, however is located within the referral boundaries of Berthoud, Johnstown,
Mead and Milliken. The property is not located within any existing IGA boundary areas or
within any of the overlay districts as delineated on the maps adopted by Weld County.
11. A statement explaining how the proposed uses will be compatible with existing
surrounding land uses.
•
•
The existing surrounding land uses comprise of mainly large agricultural lots to the north,
south, east and west. This proposal is very compatible with the existing surrounding land
uses and the proposed uses within the growth areas of the Town of Johnstown and the Town
of Milliken.
12. A statement explaining how the proposal is consistent with the intent of the district it is
located within as expressed in the Weld County Zoning Ordinance, as amended, and
the Weld County Comprehensive Plan.
This proposal is consistent with the intent of the Agricultural zone district in the fact that the
proposed split will not take any truly "prime" agricultural land out of production and
allows the property owner to invest in a more productive farm operation. This proposal
allows the property owner to separate existing improvements, waste-land and property split
by an existing ditch. This proposal allows the site to continue in agricultural uses and
passive open space. The applicant believes that this proposal meets the intent of the
Agricultural zone district.
13.A statement explaining how the proposal is consistent with efficient and orderly
development as defined in the Weld County Subdivision Ordinance, Section 1.3.
The agricultural uses on the site may continue with no or little affect from the proposed split
and allows the property owner to promote the sites most productive agrarian use. The true
intent of the property owner is to remove existing improvements and non-productive or
physically split portions of the property. The proposed larger lot allows for continued
passive open space for the benefit of the citizens of Weld County. This proposal uses existing
access points to the Weld County road system and proposes shared access for a number of
parcels. Water service is existing and proposed through Little Thompson Water District and
through this proposal up-grades to the system will benefit others in the area. This proposal
does not remove existing vegetation or create any fire hazards for the area. This proposal, if
approved will improve existing land survey monuments and records by creation of a plat for
the proposal. This proposal does not create erosion, sedimentation or other pollution of
surface and subsurface water. This proposal is not located within any overlay districts, as
delineated on the maps adopted by Weld County. The review and conditional approval of
this proposal will insure the health, safety, and general welfare of the residents of Weld
County.
• .
Shultz Farm, Inc.
C/o: Steven E. Shultz
21475 WCR 19
Milliken, Colorado 80543
To Whom It May Concern:
Please be advised that I, Steven E. Shultz hereby authorize Mr. Todd Hodges of Todd
Hodges Design, LLC, to represent me in my endeavor to pursue recorded exemptions and
a subdivision exemption on my property located in the 30-04-67 & 31-04-67 west of the
6'1 P.M., Weld County, Colorado.
S u tz Farm, Inc. jirT
c/o: Steven E. Shultz
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Chris GatFxnan -AG122000 Page 1
AGENDA 2000-3209
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
WEDNESDAY, DECEMBER 20, 2000
TAPE #2000-39
SOCIAL SERVICES BOARD
ROLL CALL:
Commissioner Barbara J. Kirkmeyer, Chair
Commissioner M. J. Geile, Pro-Tern
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Glenn Vaad
MINUTES: Approval of minutes of December 18, 2000
COUNTY FINANCE OFFICER: 1) Warrants
BOARD OF COUNTY COMMISSIONERS
ROLL CALL:
Commissioner Barbara J. Kirkmeyer, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Glenn Vaad
MINUTES: Approval of minutes of December 18, 2000
ADDITIONS TO AGENDA:
APPROVAL OF CONSENT AGENDA:
COMMISSIONER COORDINATOR REPORTS:
PUBLIC INPUT:
Each individual is allowed a three-minute period of time in which to address the Board of County Commissioners on topics which are not on
the Board's agenda. Please be aware that the Board may not be able to address your topic today. If the Board is unable to do so,the matter
will either be referred to staff or scheduled for a work session. If you wish to speak regarding issues which are likely to be heard by the Board
in a public hearing, such as a land use or violation hearing, you will be asked to give your testimony at that hearing, either in person or in
writing. Public input on any topic shall be limited to 15 minutes.
COUNTY FINANCE OFFICER: 1) Warrants
2000-3209
BC0016
Wednesday, December 20, 2000
Page 1
Chfis Gathman -AG122000 • • Page 3
BIDS:
1)Present Bids
2)Approve Elevator Maintenance Bid - Department of Finance
3) Approve County Newspaper for 2001 Bid - Department of Finance
NEW BUSINESS:
1)Consider four Purchase of Services Agreements with various providers and authorize Chair to sign
[2000-3210]
2)Consider 2001 Certification of Levies and Revenue and authorize Chair to sign [2000-3211]
3)Consider Cancellation of Outstanding Accounts Receivable for the Weld County Ambulance Service
[2000-3212]
4)Consider Memorandum of Agreement and authorize Chair to sign - North Range Behavioral Health
[2000-3213]
5)Consider Service Enhancement Request#2000-01 for Supplemental Services and authorize Chair to
sign -Systems and Computer Technology, Inc. [2000-3214]
PLANNING:
1)Consider Recorded Exemption #2838 - Shultz Farm, Inc., c/o Todd Hodges Design, LLC
[2000-3215]
2)Consider Subdivision Exemption #840 - Shultz Farm, Inc., do Todd Hodges Design, LLC
[2000-3216]
3)Consider Recorded Exemption #2840 -Shultz Farm, Inc., c/o Todd Hodges Design, LLC
[2000-3217]
4)Consider Recorded Exemption #2841 -Shultz Farm, Inc., c/o Todd Hodges Design, LLC
[2000-3218]
5)Consider Recorded Exemption #2842 -Shultz Farm, Inc., do Todd Hodges Design, LLC
[2000-3219]
•
Wednesday, December 20, 2000 2000-3209
Page 3 BC0016
Chris Gathman -AG122000 • . Page 4
CONSENT AGENDA
APPOINTMENTS:
Dec 20 - EDAP Board 7:00 AM
Dec 21 - Juvenile Community Review Board 12:00 PM
Dec 21 - Families, Youth and Children Commission 12:00 PM
Dec 21 - Airport Authority 3:00 PM
Dec 22 - HOLIDAY CLOSED
Dec 25- HOLIDAY CLOSED
Dec 26 - Community Corrections Board 12:00 PM
Jan 1 -HOLIDAY CLOSED
ITEMS SCHEDULED FOR FUTURE BOARD MEETINGS:
it a listing of those items which are deemed to have
This is not a complete listing of items scheduled for future board meetings;however, s g
interest to various citizens. All board meetings begin at 9 AM
Dec 27 - Petition to Vacate an approximately one-half mile portion of Weld County Road 63 north
from Weld County Road 74 subject to dedicated and recorded easements and rights-of-way
Dec 27 - Final Reading of Code Ordinance #2000-1, In the Matter of Adopting by Reference and I
Enacting a Code for the County of Weld
HEARINGS:
Dec 20 -Docket#2000-74, PL1459 -A Site Specific Development Plan and Use by Special Review
Permit#1291 for an Oil and Gas Support and Service Facility (natural gas processing plant) in the A
(Agricultural)Zone District, HS Gathering, LLC [located approximately 600 feet south of Weld County
Road 22, and 1 mile east of Weld County Road 31] (Planner Gathman) 10:00 AM
Dec 20 -Docket#2000-64, PL1446 -A Site Specific Development Plan and Use by Special Review
Permit#1275 for a Vehicle Service and Repair Shop in the A (Agricultural)Zone District, Ruben and
Ruby Anchondo, Go Robert L. Tibbals, Jr., Attorney at Law [located north of and adjacent to Weld
County Road 28 Section Line; east of and adjacent to Weld County Road 39] (Planner Ogle) 10:00
AM
Dec 27 -Docket#2000-81, PL0043 -A Site Specific Development Plan and Amended Use by Special
Review Permit#1125 for an Open Cut Gravel Mining Operation, Asphalt and Concrete Batch Plants,
and a Recycling Plant in the A (Agricultural)Zone District, Hall-Irwin Corporation [located south of and
adjacent to Weld County Road 64.5, and west of Weld County Road 27] (Planner Gathman) 10:00
AM
Jan 3 -Docket#2000-76, PL1461 -A Site Specific Development Plan and Use by Special Review
Permit#1292 for a business permitted as a use by right in the Industrial Zone District (Office and
Storage Building) in the A(Agricultural)Zone District, Michael and Lori Jones [located approximately
415 feet north of State Highway 392; west of and adjacent to Weld County Road 51] (Planner Ogle)
10:00 AM
Jan 3 -Docket#2000-77, PL1462 -A Site Specific Development Plan and Use by Special Review
Permit#1297 for a Single Family Dwelling Unit, Other than Those Permitted under Section 31.2.1 in
the A(Agricultural)Zone District, Bradley and Heidi Windell [located south of and adjacent to Weld
County Road 22.5; and .5 mile west Weld County Road 25] (Planner Anderson) 10:00 AM
Wednesday, December 20, 2000 2000-3209
Page 4 BC0016
Chris Gatlrman -AG122000 — • Page 5
HEARINGS (CON'T):
Jan 10 -Docket#2000-79, PL1463 -A Site Specific Development Plan and Use by Special Review
Permit#1283 for a Guest Farm (Extended Learning Facility) in the A(Agricultural)Zone District, Janet
Ream [located north of and adjacent to State Highway 34 and west of and adjacent to Weld County
Road 47 section line] (Planner Lockman) 10:00 AM
Jan 10-Docket#2000-80, PL1144 -A Site Specific Development Plan and Amended Use by Special
Review Permit#1144 for an Agricultural Service Establishment and Livestock Confinement Operation
(3000 Head Dairy) in the A(Agricultural)Zone District, Richard and Phyllis Podtburg, do AgPro
Environmental Services, LLC [located north of and adjacent to Weld County Road 66, and west of and
adjacent to Weld County Road 25.75] (Planner Chester) 10:00 AM
Jan 10 - Docket#2000-78, PL1023-A Substantial Change Hearing #17 on a parcel of land which
previously had a Land Use Application denied, Siegrist Companies, do Michael Siegrist [located east
of and adjacent to the 1-25 Frontage Road, and south of and adjacent to Weld County Road 28]
(Planner Mika) 10:00 AM
Jan 17-Docket#2000-69, PL1450 -A Site Specific Development Plan and Use by Special Review
Permit#1276 for a Solid Waste Disposal Site (composting facility) in the A (Agricultural) Zone District,
John Moser [located south of Weld County Road 30; approximately 1-3/4 miles west of Weld County
Road 49] (Planner Chester) (Con't from 12/13/2000) 10:00 AM
Jan 24 -Application for Tavern Liquor License located at 41611 Marble Avenue, Stoneham, Colorado
80754 -Jerry Samber, dba Deweys (Con't from 09/25/2000) 9:00 AM
Mar 7 -Docket#2000-58, PL1321 -A Site Specific Development Plan and Planned Unit Development
Final Plan, S#554 - Idaho Creek, Kent Carlson [located east of and adjacent to Weld County Road
7.5; approximately 1/8 mile south of State Highway 119] (Planner Mika) (Con't from 12/13/2000)
10:00 AM
Mar 14 -Set Hearing Date to Consider Change of Zone#541 from the A (Agricultural)Zone District to
the PUD (Planned Unit Development)Zone District, John and Charlotte Carlson, c/o Tom Hann
[located south of and adjacent to Weld County Road 62; west of and adjacent to Weld County Road
41.5] (Planner Ogle) (Con't from 11/15/2000) 10:00 AM
COMMUNICATIONS:
1) Colorado Division of Property Taxation, Final Determination re: First Congregational Church
Eaton-Ault
2) Planning Services, Staff Approvals#2000-3208
3) Petition re: Child Care Centers rate increases with response
RESOLUTIONS:
* 1) Approve Child Support Enforcement Cooperative Reimbursement Agreement
* 2) Approve Application for a Temporary Assembly of more than 500 persons on May 20, 2001
* 3) Approve Application for Special Events Permit- Make-A-Wish Foundation of Colorado
* 4) Approve Contract for Long Term Care Ombudsman Advocate/Friendly Visitor Program
* 5) Approve Task Order for HIV Counseling and Testing
* 6) Approve Task Order for HIV Intervention
* 7) Approve Installation of Traffic Control Devices on Weld County Road 55 at Weld County Road
20
* 8) Approve Amendment to Law Enforcement Service Agreement-Town of Severance
RESOLUTIONS (CON'T):
* 9) Approve Transfer and Exchange of Cable TV Franchise from Comcast Colorado Holdings, LLC,
2000-3209
BC0016
Wednesday, December 20, 2000
Page 5
Chins Gathman-AG122000 . • Page 6
to AT&T Corporation
*10) Approve License Contract for Trail Access - Colorado Department of Transportation
*11) Approve Memorandum of Agreement-A Kid's Place
*12) Approve Memorandum of Agreement-Weld County Senior Citizen Coordinators
*13) Approve Memorandum of Agreement-Centennial Developmental Services, Inc.
*14) Approve Memorandum of Agreement- Radio Reading Service of the Rockies
*15) Approve Memorandum of Agreement- Greeley Convention and Visitors Bureau
*16) Approve Memorandum of Agreement- Economic Development Action Partnership
*17) Approve Memorandum of Agreement- Northern Colorado Animal League
*18) Approve Memorandum of Agreement- Outreach United Resources
*19) Approve 2001 Amount to be Paid for Intergovernmental Agreement between the City of Greeley
and Weld County for Island Grove Park Management Services
*20) Approve Directing Clerk to the Board to have Published Emergency Ordinance #213-B, in the
Matter of Supplemental Appropriation for the Year 2000
*21) Approve Cancellation of Board of County Commissioners Meeting Scheduled for January 24,
2001
*22) Approve Vacation of Special Use Permit, SUP#349 - Heitman
*23) Approve Cancellation and Release of Collateral for Site Plan Review, SPR #307 - Skyway
Drive, LLC, c/o Wendell Picket
*24) Approve ZPMH #2231 - Mark and Jody Hill
*25) Approve ZPMH #2235 -Vicente Martinez
*26) Approve ZPMH #2236 - Vicente Martinez
*27) Approve Recorded Exemption#2911 - Marrs Land and Cattle, LLP
*28) Approve Recorded Exemption#2872 - Olson Brothers, LLC
*29) Approve Recorded Exemption#2873 - Olson Brothers, LLC
*30) Approve Recorded Exemption#2874 - Olson Brothers, LLC
*31) Approve Recorded Exemption#2905- Caufman/Pluss
* Signed this date
2000-3209
BC0016
Wednesday, December 20, 2000
Page 6
Kit a DEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices
1555 N. 17th Avenue, Greeley, CO 80631
WEBSITE: www.co.weld.co.us
' Phone(970) 353-6100, Ext. 3540
C. Fax (970) 304-6498
COLORADO
December 20, 2000
Shultz Farm, Inc.
C/O Todd Hodges
Todd Hodges Design, LLC
2412 Denby Court
Fort Collins, CO 80526
Subject: Recorded Exemptions 2838, 2840, 2841 & 2842 and Subdivision Exemption 840
Legal Description: Part of SE4, SW4, NE4 &NE4 of Section 30 and part of NW4 of Section 31, Township 4
North, Range 67 West of the 6th P.M., Weld County, Colorado
Dear Mr. Hodges:
This letter is to inform you that the above referenced Recorded Exemption has been reviewed by the Department
of Planning Services and it has been determined that the application does not meet the standards of Section
11.4.2 of the Weld County Subdivision Ordinance. This application is scheduled before the Board of County
Commissioners on Wednesday, December 20, 2000 at 9:00 a.m. The Board of County Commissioners meet at
the Centennial Center, located at 915 10th Street, on the first floor. The staff recommendation will be available
twenty-four hours prior to the public hearing.
If you need any further information, please feel free to contact me at the above address, telephone number or e-
mail address.
Sincerely,
Chris Gathman,
Shultz Recorded Exemptions recommendations 18
a
DEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices
111555 N. 17th Avenue, Greeley, CO 80631
111 WEBSITE:www.co.weld.co.us
O Phone (970) 353-6100, Ext. 3540
Fax (970) 304-6498
COLORADO
December 20, 2000
Board of County Commissioners
Weld County Centennial Center
915 10th Street
Greeley, CO 80631
Subject: Recorded Exemptions #2838, 2840, 2841 & 2842 and Subdivision Exemption 840
Dear Commissioners:
Shultz Farm, Inc. has requested four Recorded Exemptions and a subdivision exemption to occur on
part of the of the NE4, NW4, SE4 and SW4 of Section 30 and part of the NW4 of Section 31,
Township 4, Range 67. The parcels are located south of and adjacent to Weld County Road 42, %2
mile north of Weld County Road 38, west of and adjacent to Weld County Road 15 and east of and
adjacent to Weld County Road 13. The total acreage involved in these recorded exemptions and
subdivision exemptions is 503.5 acres. There is an existing residence located on the proposed
subdivision exemption lot and an existing residence located on Lot C of proposed Recorded
Exemption 2838.
The proposed recorded exemptions and subdivision exemption, if approved, would create a total of
11 lots located outside of an urban growth boundary. A.Goal 3 of the Weld County Comprehensive
plan states: "Discourage urban-scale residential, commercial, and industrial development which is not
located adjacent to existing incorporated municipalities."
The proposal does not appear to be consistent with the intent of the Agricultural Zone District.
Section 31.1 of the Weld County Zoning Ordinance states "Agriculture in the County is a valuable
resource which must be protected from adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural) District is established to maintain
and promote agriculture as an essential feature of the County." The proposal, if approved, would
take approximately 79 acres of prime farmground out of production. Additionally, the recorded
exemption process does not require the applicant to provide the same services that subdivisions
require. As an example, applicants are not required an internal access that meets county standards
and a drainage report is not required to address impacts created by water runoff from multiple
residential lots. There is also no public process involved in the recorded exemption process to allow
neighboring land owners to comment on the potential impacts of these proposed uses.
Shultz Recorded Exemptions recommendations 20
The applicants have not demonstrated that an adequate legal access exists for all proposed lots to a
public road. The proposed configuration of Lot A of Recorded Exemption 2841 and Lot A of
Recorded Exemption 2842 would create two island lots with no deeded access to public right-of-way.
Section 10.5.10 of the Weld County Subdivision Ordinance states: "A flag lot configuration shall be
avoided when possible." There are no provisions in the Weld County Subdivision Ordinance for the
allowance of island lots.
For these reasons Planning staff believes that the proposed recorded exemptions evade the
statement of purpose as set forth in Section 1.3 of the Weld County Subdivision Ordinance.
Planning staff believes that the applications are not in compliance with Section 11.4.2 of the Weld
County Subdivision Ordinance. For this reason we are requesting the case be reviewed by the Board
of County Commissioners.
The Department of Planning Services' staff requests that the Board of County Commissioners
consider the application and determine if the standards of Sections 11.2 through 11.8 of the Weld
County Subdivision Ordinance have been met and adhere to the goals and policies of the Weld
County Comprehensive Plan.
Sincerely,
Chris Gathman
Planner
Shultz Recorded Exemptions recommendations 21
• REFERRAL LIST .
NAME: Shultz Farm, Inc. CASE NUMBER: RE-2838
REFERRALS SENT:August 28,2000 REFERRALS TO BE RECEIVED BY: September 19, 2000
COUNTY TOWNS and CITIES
Attorney Ault
_X Health Department _X Berthoud
Extension Service Broomfield
Emergency Management Office Dacono
Sheriffs Office Eaton
X_Public Works Erie
Housing Authority Evans
Airport Authority Firestone
Building Inspection Fort Lupton
Code Enforcement Frederick
STATE Garden City
XDivision of Water Resources Gilcrest
Geological Survey Greeley
Department of Health Grover
Department of Transportation Hudson
Historical Society _X Johnstown
Water Conservation Board Keenesburg
Oil and Gas Conservation Commission Kersey
Division of Wildlife: LaSalle
Loveland Lochbuie
Greeley Longmont
Division of Minerals/Geology _X Mead
FIRE DISTRICTS Milliken
Ault F-1 New Raymer
_Berthoud F-2 Northglenn
Briggsdale F-24 Nunn
Brighton F-3 Pierce
Eaton F-4 Platteville
Fort Lupton F-5 _Severance
Galeton F-6 Thornton
Hudson F-7 Windsor
_x Johnstown F-8
La Salle F-9
Mountain View F-10 COUNTIES
Milliken F-11 Adams
Nunn F-12 Boulder
Pawnee F-22 Larimer
Platteville F-13
Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES
Poudre Valley F-15 US Army Corps of Engineers
Raymer F-2 USDA-APHIS Veterinary Service
Southeast Weld F-16 Federal Aviation Administration
Windsor/Severance F-17 Federal Communication Commission
Wiggins F-18
Union Colony F-20 SOIL CONSERVATION DISTRICTS
_X Big Thompson
OTHER Fort Collins
X_School District RE-5J Greeley
X_Farmer's Extension Ditch Company Longmont
West Adams
+ •
p Weld County Referral
C.
COLORADO August 28, 2000
The Weld County Department of Planning Services has received the following item for review:
Applicant Shultz Farm, Inc. Case Number RE-2838
Please Reply By September 19, 2000 Planner Chris Gathman
Project Three-Lot Recorded Exemption
Legal Part of the SW4 of Section 30 and part of the NW4 of Section 31, Township 4
North, Range 67 West of the 6th P.M., Weld County, Colorado.
Location East of and adjacent to WCR 13, approximately 1/4 mile south of WCR 42. For a
more precise location, see legal.
Parcel Number 1059 30 000005 and 1059 31 000036
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
U We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
Signature
Agency Date
+Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
DEPARTMENT OF PLANNING SERVICES
rat a 1555 N. 17th Avenue
Greeley, CO 80631
Phone (970) 353-6100, Ext. 3540
Fax(970) 304-6498
C.
COLORADO ;
August 28, 2000
Todd Hodges Design, LLC
2412 Denby Ct.
Ft. Collins, CO 80526
Subject: RE-2838 A Recorded Exemption located on a parcel of land described as Part of the SW4 of
Section 30 and part of the NW4 of Section 31,Township 4 North, Range 67 West of the 6th P.M.,
Weld County, Colorado.
Dear Mr. Hodges:
Your recorded exemption application is being processed. If it is determined that the application meets.the
approval criteria of the Weld County Subdivision Ordinance, you will be notified that the recorded exemption
is approved. If the staff determines that the application does not meet the approval criteria,you will be notified
and asked to appear before the Board of County Commissioners at a public hearing. You will be informed
of the hearing date prior to the hearing. The Board of County Commissioners will then consider your
application and make a final decision on the recorded exemption.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three
miles of the property in question or if the property under consideration is located within the comprehensive
planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials
to the Berthoud, Johnstown, and Mead Planning Commissions for their review and comments. It is
recommended that you and/or a representative be in attendance at the Berthoud, Johnstown, and Mead
Planning Commission meetings to answer any questions the Commission members may have with respect
to your application. Please call the Town of Berthoud at 970-532-3754, the Town of Johnstown at 970-587-
4664, and the Town of Mead at 970-535-4477,for further details regarding the date,time, and place of these
meetings.
If you have any questions concerning this matter, please call me.
Sincerely,
:
Chris Gathman, A.I.C.P.
Planner
• oW&Id County Planning Dept.
MEMORANDUM SEP 26 2000
1114(3.4 TO: Chris Gathman, Planner I DMSeptemL Y2F;00
FROM: Donald Carroll, Engineering Administrator 1ct
111 SUBJECT: RE-2838, Shultz Farm, Inc.
COLORADO
The Weld County Public Works Department has reviewed this proposal; the following requirements are
recommended to be a part of any approval:
COMMENTS:
WCR 13 is designated on the Transportation Plan Map as an arterial status road, which requires a 100-foot right-
of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County.
Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (Ordinance 89, as amended), the
required setback is measured from the future right-of-way line.
WCR 40 is designated on the Transportation Plan Map as a local gravel road,which requires a 60-foot right-of-way
at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to
the definition of SETBACK in the Weld County Zoning Ordinance (Ordinance 89, as amended), the required
setback is measured from the future right-of-way line.
REQUIREMENTS:
The Weld County Public Works recommends approval with concerns of access onto an arterial roadway.
There shall be a minimum of 75 feet between access points to adjacent parcels.
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.
No new private residential accesses shall be allowed onto roadways classified as arterial. A parcel shall share
the access point already in existence. Access to new parcels may be obtained by a mutual reciprocal easement
across the involved parcels to connect with existing points of access or by connection to adjacent public non-
arterial roadways.
pc: RE-2838
plan6re.wpd
• •
LITTLE WATER DISTRICT
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DIRECTORS: 835 E.Highway 58
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MANAGER:
Richard H.H.MCM
Steve Shultz
21475 WCR 19
Milliken, CO 80543
Dear Mr. Shultz :
This letter is in to your raciest for a water service
commitment for up to 10 additional residential lots, in the
proposed subdivision described as follows:
PORTIONS OF SEC.30,aidN:W. 1/4, `-+EC•31 T4W, R6IW• -Weld County, CO
Along WCR 42 @ WCR 13
The_ District provides water service within its service area as
defined by the District. The provision of water service by
extension of_ existirg water lines of the District to the above
property and the inetallatinn of taps for lots ip done under the
terms- of the- Rules- a-"d Regulations of the District established by
the -Board -of the District from_ time to time. You may obtain a copy
of the Rules- and Regulations from. the District . This letter
outlines -the pr-ovi-si-ons of the Real es and Regulations, however this
letter does-not char e- any- pr'o` i ei nns o£ the Rules and Regulations.
The Board of the tistrict may alter and amend the Rules and
Regulations at any time-, and the prnvisinns of this letter are
subject to altejation and amendment based -an -changes in the Rules
and Regulations of the District .
We currently hate -a 4" Di.a_ water line located along WCR 13 to
WCR 42 with additional capacity available Therefore, we can commit
to provide service to the above property, subject to the
limitations in this letter, for one standard residential 5/8" X
3/4" water tap petlot; and the following additional limitations on
the provision of water service are:
I. In August cf 1993 the Little Thompson Board implemented
a "system impact:" fee of $l ace -per lot fon all lots to be
added to- the- sye-tew. This., is due upon completion of the main
line extension agreement.
2 . - All improvements to nistrirt facilities required to
provide service- will be the financial responsibility of the
developer in accordance with the n; strict Rules and
Regulations. 431 improvements must conform to District
Specifications.
3 . Little Thompson Water District requires the transfer of
one share of Colorado-Big! Thompson water fare each lot in the
commitment: The cost -of -this mater is -sub ee-t to rebate from
the tap fees pa_.d from the development .
4. The- installation of a fire_ hydrant requires payment of a
$2, 000 fire hydrant -fee prior to final approval of the
subdivisions- lines-. You will be_ responsible for any
improvements needed to meet the required fire flows in your
subdivision.
S . In order to -provide the required _flows to the subdivision
you will be-regnired to- install a minimum fi" Dia. Water line
from The inter-section of WCR 13 and wrR 4.ZSouth through your
proposed steldivision. You may need- t.a oversize this line and
/or loop the line back to the main -supply to meet any fire
flow needs that the fire- district requires .
6 . You will be required to provide the needed water lines in
the proposed subdivision
7. The design, inatallatinn and total cost of the project
will be the responsibility of the developer.
it is- possible- that acme of the required water lines and
system improvements nay be rerpiired, built or are being designed by
other developers- in the same area_ It they are fn place when you
need them then -you may -be -able to -them to serve your
development ( subject to- the- D-istrict rebate policy) . It would be
wise to work with the other developers in the area to ensure that
the water tines installed-would- be- sized to- meet c.he needs of both
developments to reduce the amount of duplication an minimize future
water ine replacement .
The rules and regulations-- regarding Developers transfer of
water rights and putt:hose -of -taps is -changing, The new policy
requires the developer to transfer the- water shares and then to pay
for the rest of the tap fee as the water lines -are put in service.
The developer then has the taps to sell with the- lots at the price
that he sets. The rebate of water rights is eliminated. The
transition from the old polity to the new polity allows you to
utilize the old policy until 1-October-2000 . You will need to
execute a main line extension agreement and transfer the water by
1-October-2000 to utflize the old policy for this development.
-'Phis eummiLmesiL letter -will -expire one year from the date of
this letter if the taps have -not been purrhased, paid for and
installed by that date of -expir-atien. The current fee for the
domestic 5/8" X 3/4" tap is $16 , 004. YOU ARE HEREBY ADVISED THAT
THE_RTTT,RS, REGULATIONS AND TAI LYTS -OF -TAE ULSrKICT ARE SUBJECT TO
CHANGE WITHOUT NnTirta: _AND PRTR LETTER IS ISSUED WITH THE SPECIFIC
LIMITATION THAT THEE DISTRICT MAY- [!fl' THIL RULES( REGULATIONS AND
TARIFFS APPLICABLE TO THE 7BOVE-PROPERTY tT *2W -TIME WITHOUT NOTICE
TO YRU OR ANY PERSON.
If you have questions, please contact me.
Regards,
Michael T. Cook P.E.
District Engineer
•
f alpoi 0.- a MEMORANDUM
TO: Chris Gathman, Planner I DATE: September 22, 2000
FROM: Donald Carroll, Engineering Administrator V�'
IlliC. SUBJECT: RE-2841, Shultz Farm, Inc.
COLORADO
The Weld County Public Works Department has reviewed this proposal; the following requirements are
recommended to be a part of any approval:
COMMENTS:
WCR 15 is designated on the Transportation Plan Map as a local gravel road,which requires a 60-foot right-of-way
at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to
the definition of SETBACK in the Weld County Zoning Ordinance (Ordinance 89, as amended), the required
setback is measured from the future right-of-way line.
WCR 42 is designated on the Transportation Plan Map as a local gravel road,which requires a 60-foot right-of-way
at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to
the definition of SETBACK in the Weld County Zoning Ordinance (Ordinance 89, as amended), the required
setback is measured from the future right-of-way line.
REQUIREMENTS:
The Weld County Public Works recommends approval with concerns avoiding flag pole access where possible.
In accordance with Section 10.5.10 of the Weld County Subdivision Ordinance (Ordinance 173,as amended),the
flag lot configuration will be avoided where possible. The minimum width of a flag lot is 30 feet. _
Both Lot A and Lot B shall share a joint residential access point.
Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation. No
additional accesses shall be granted.
Pursuant to Ordinance 169A, if noxious weeds exist on the property or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds.
•
pc: RE-2841
plan7re.wpd
MEMORANDUM
TO: Board of County Commissioners
COLORADO FROM: Chris Gathman, Planner
SUBJECT: Revisions/additional conditions for Shultz RE/SE
Planning Staff recommends the following revisions to the conditions of approval
should these recorded exemptions be approved.
1) RE-2838 Condition of Approval 2(C) - removed Lot B from this reference.
2) RE-2840 Condition of Approval 2(B) - added lot C.
3) RE-2841 Condition of Approval 2(B) added: "Lots A and B shall share a joint
residential access point".
4) RE-2841 Condition of Approval 2(C) added "Lot B" and "Weld County Road 15".
5) RE-2841 Condition of Approval 2(D) added: "The internal road(s) shall enter on
to WCR 13 at a 90-degree angle, for a minimum of one vehicle length, to provide
adequate sight distance in both directions."
SERVICE,TEAMWORK,INTEGRITY,QUALITY
WELD COUNTY SCHOOL DISTRICT No. Re - 5J
3 NORTH JAY AVENUE JOHNSTOWN, CO 80534 i,
Weld County Planning Dept.
DR.JACK EPENDAR '‘ �a 1 /�
SUPERINTENDENT SEP 06 2000 ; t
Phone(970)587-2336 i411,/
Fax (970)5872607 RECEIVED
Septemberl, 2000
Weld County Planning Department
De artment
1400 N. 17th Avenue
Greeley, CO 80631
Thank you for referring case numbers RE-2838 and RE-2841 to the School District. The
projected student impact upon the Johnstown-Milliken School District appears to be
compounded due to the recent flurry of activity in the area. Any students living in these
areas, as indicated, would attend Milliken Elementary School, leftward Elementary
• School, Milliken Middle School and Roosevelt High School under the present school
organization plan. Currently our schools are above or nearing capacity, especially at the
elementary levels. Our five-year plan indicates that we will need to build additional
facilities in that time frame, with the building process to begin immediately.
As of this date the Towns of Johnstown, Berthoud and Milliken have formally passed a
resolution and ordinance describing the land dedication or cash in lieu of land dedication
for education. At present the cash in lieu of land dedication fee is $750 and has been
approved by Milliken, Johnstown and Berthoud. This fee is paid at the time of the
issuance of a building permit and is paid directly to the school district. As this proposal
directly effects the school district, I would request that the applicant voluntarily
contribute the same fee as all other homebuilders in our communities have done since the
inception of the IGA.
Sincerel
Jack E. Pendar
Superintendent
111 •
ry
WELD COUNTY SCHOOL DISTRICT No. Re - 5J
3 NORTH JAY AVENUE JOHNSTOWN, CO 80534
Weld County Planning Dept. L-+
DR.JACK E.PENDAR
SUPERINTENDENT SEP 06 2000
Phone(970)587-2336
Fax (970)587-2607 RECEIVED
Septemberl, 2000
Weld County Planning Department
1400 N. 17th Avenue
Greeley, CO 80631
Thank you for referring case numbers RE-2838 and RE-2841 to the School District. The
projected student impact upon the Johnstown-Milliken School District appears to be
compounded due to the recent flurry of activity in the area. Any students living in these
areas, as indicated, would attend Milliken Elementary School, leftward Elementary
School, Milliken Middle School and Roosevelt High School under the present school
organization plan. Currently our schools are above or nearing capacity, especially at the
elementary levels. Our five-year plan indicates that we will need to build additional
facilities in that time frame, with the building process to begin immediately.
As of this date the Towns of Johnstown, Berthoud and Milliken have formally passed a
resolution and ordinance describing the land dedication or cash in lieu of land dedication
for education. At present the cash in lieu of land dedication fee is $750 and has been
approved by Milliken, Johnstown and Berthoud. This fee is paid at the time of the
issuance of a building permit and is paid directly to the school district. As this proposal
directly effects the school district, I would request that the applicant voluntarily
contribute the same fee as all other homebuilders in our communities have done since the
inception of the IGA.
Sincerely,
/ Jack E. Pendar
Superintendent
09/22/2000 11: 14 19705870141 J0HNST0WN T0WNLL PAGE 12
a �
Weld County Referral
Cie
COLORADO August 28, 200)
The Weld County Department of Planning Services has received the following item for review:
Applicant Shultz Farm, Inc. Case Number RE-2838 I
Please Reply By September 19, 2000 Planner Chris Gathman I
Project Three-Lot Recorded Exemption
Legal Part of the SW4 of Section 30 and part of the NW4 of Section 31, Township 4
North, Range 67 West of the 6th P.M., Weld County, Colorado.
Location East of and adjacent to WCR 13, approximately 1/4 mile south of WCR 42. For a
more precise location,see legal.
Parcel Number 1059 30 000005 and 1059 31 000036 jj
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 q testlons
regarding the application, please call the Planner associated with the request.
U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
3a- We have reviewed the request and find no conflicts with our interests.
CI See attached letter.
Comments: -t 711 t-Signature 9/0/ze
Agency S C P _ Date
+Weld County Planning Dept. +1555 N. 17th Ave.Greeley, CO. 80631 4(970)353.6100 ext.3540 +(970)304-64)8 fax
•
•
4 RECENED
AUG 31 2000
PUBLIC D COUNTY
vinWORKS DEPT
Weld County Referral
C.
COLORADO August 28, 2000
The Weld County Department of Planning Services has received the following item for review:
Applicant Shultz Farm, Inc. Case Number RE-2838
Please Reply By September 19,2000 Planner Chris Gathman
Project Three-Lot Recorded Exemption
Legal Part of the SW4 of Section 30 and part of the NW4 of Section 31, Township 4
North, Range 67 West of the 6th P.M., Weld County, Colorado.
Location East of and adjacent to WCR 13, approximately 1/4 mile south of WCR 42. Fora
more precise location, see legal.
Parcel Number 1059 30 000005 and 1059 31 000036
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
U We have reviewed the request and find no conflicts with our interests.
21 See attached letter.
Comments:
Signature q9/. -6/ 4 9- to - 00
f Date
Agency P�,(�.c, C
4.Weld County Planning Dept. 4.1555 N. 17th Ave.Greeley, CO. 80631 :•(970)353-6100 ext.3540 •.(970)304-6498 fax
MAY-'24-00 WED 07:49 AM WELD COOP/ PUBLIC WKS7 FAX:9703046497 II PACE 1
Read Ale •
R$:
Other Case No.
•
Ai7itNDCC9
WELD COIINTY ROAD A'C &S DYFORMATION SHEET
Wed Cooney Ptthik%dm Demean Dsae:
1111 H S¢ ett P.O.Box 758, Gredsy,CO 80632
. )boas: (970)356-4000,Rat 3750 Pa (970)304.6497
1. Applicant Name S&ttr2. rAto , Ir 1G • Phase 97O) 699—$$4I
Address a-I 4ie W'w I ci *City M I u.l lcsrl saes La zip P.9643
2. Address or location of access I'1 134 alp_iv,
saooa <No+31 Township _ Bhag0-. -
Subdivision ' Rio& Lot
Wald Cooney Road+f I3 Side of Rod r- Disrmce from Doren intim aKloq FN' f .C(iml nP kelc.K.4o a• IS
1. L that a existing acws ae the ptopatyt Yes _ No 8 of sastdis �✓' _ l •
4. remanent
Use:
RaidentiaYAgriculWtU O !adonis) u / Ioray O Subdivision Cl Comment] 1°l Other eel LsAke-7/bf�.11.
5. Ske Sketch 11
Legend[or Amen Desaiptioe:
AGR Agricultural
IRS - Reaideatal
O&G= Oil&Ors `
DA at !itch Road •
O •• Houle •
O - Sited or Outbuilding �1� �
ra Sc(� I.(ice
•
OFFICE USE ONLY;
Road ADT '• Data Accidents Date
Road ::? ADT r ode r i 1-7 Accidents Date
Drainage Requirement Culvert Size Leugth
Sttwi l Coadihws
O Installation authorized C Information Insufficient
Reviewed The Title:
16I11i2000 03: 46 970535081 TOWN OF MEAD PAGE 05•(,,f( ginabv...•1 2 3 0
Weld CountyCounty 6fifferrs
Nice.
o
COLORADO August s2OOft
- act ass-
The Weld County Department of Planning Services has received the following item for review:
Applicant Shultz Farm, Inc. Case Number RE-2838
Please Reply By September 19, 2000 Planner Chris Gathman
Project Three-Lot Recorded Exemption
Legal Part of the SW4 of Section 30 and part of the NW4 of Section 31,Township 4
North, Range 67 West of the 6th P.M.,Weld County, Colorado.
Location East of and adjacent to WCR 13, approximately 1/4 mile south of WCR 42. For a
more precise location, see legal.
Parcel Number 1059 30 000005 and 1059 31 000036
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
•
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application; please call the Planner associated with the request.
U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
Signature , ,sAfy7 _flA,
Agency "7-44 s.v/ zei<e_., Date
.Weld County Planning Dept 41555 N. 17th Ave.Greeley,CO.80631 4(970)353-6100 ext3540 4(970)3046498 fax
•
MEMORANDUM
111119 TO: Chris Gathman DATE: September 6, 2000
O FROM: Trevor Jiricek, Environmental Health Servic s
•
COLORADO SUBJECT: Shut Farm, Inc., RE-2838
Environmental Health Services has reviewed this proposal; the following conditions are
recommended to be part of any approval:
1. The Environmental Health Division of the Weld County Department of Public Health &
Environment was unable to locate a septic permit for the septic system located on the
largest parcel of this application. Any existing septic system(s) which is not currently
permitted through the Weld County Department of Public Health & Environment will require
an I.S.D.S. Evaluation prior to the issuance of the required septic permit(s). In the event the
system(s) is found to be inadequate, the system(s) must be brought into compliance with
current I.S.D.S. regulations.
sm/
Weld County Planning Dept.
SEP 08 2000
RECEIVED
•
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER -----
Division of n of terNa Reural Resources
Department of Natural Resources a
1313 Sherman Street, Room 818 W*121
Denver,Colorado 80203
Phone:(303)866-3581
FAX:(303)866-3589 Bill Owens
Governor
http://water.state.co.us/default.htm
Greg E.Watcher
Executive Director
September 7, 2000 Hal D.Simpson,P.E.
State Engineer
Mr. Chris Gathman
Weld County Planning Dept.
1555 N. 17th Ave.
Greeley, CO 80631
Re: Shultz Farm, Inc. SE-2838
SW1/4, Section 30, T4N, R67W, 6th PM
Water Division 1, Water District 4
Dear Mr. Gathman:
Pursuant to the State Engineer's August 7, 1995 memorandum to county planning
directors (copy enclosed for your information), this office is no longer providing comments
on land use actions that do not involve a subdivision as defined in Section 30-28-
101(10)(a), C.R.S. This referral does not appear to qualify as a "subdivision." Returned
herewith are the materials submitted to this office in the above referenced matter.
If you have any questions in this matter, please contact this office at 303/866-3581 .
Sincerely,
WaP4H/te
Weld Cou
nty Planning Dept.
William C. McIntyre
Water Resource Engineer SEP 1 1 2000
RECEIVED
Enclosures
cc: Richard Stenzel, Division Engineer
f !
(* tt "\
6 Weld County Planning Dept.
SEP 06 2000
RECEIVED
iiiik Weld County Referral
COLORADO August 28, 2000
The Weld County Department of Planning Services has received the following item for review:
Applicant Shultz Farm, Inc. Case Number RE-2838
Please Reply By September 19, 2000 Planner Chris Gathman
Project Three-Lot Recorded Exemption
Legal Part of the SW4 of Section 30 and part of the NW4 of Section 31,Township 4
North, Range 67 West of the 6th P.M., Weld County, Colorado.
Location East of and adjacent to WCR 13, approximately 1/4 mile south of WCR 42. For a
more precise location, see legal.
Parcel Number 1059 30 000005 and 1059 31 000036 q
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 a reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ e have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments:
Signature .91.- ,
Agency a_ 5 D to
+Weld Ccun Planning Dept. +1555 N. 17 Ave. Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
i S
10(i01 / fic / (' `/t `/I, (
2412 Denby Court Fort Collins,Colorado 80526/(970)207-0272
Letter of Transmittal
Date: 23-Aug-00
To: Weld County Planning
Project: Shultz Farm, Inc. 4 RE's& 1 SE
Via: Fax UPS
Mail Ovemight
Pick Up Courier
Hand Deliver X
We Transmit for your: Information Files
Approval Correction
Signature Return
Review&Approval X
Number of Copies: IS Number of Pages:
Remarks: Attached is the submittal for 4 complete recorded exemption applications and 1 complete
subdivision exemption application in conjunction with an RE.
Attached you will find: 1 original and 9 copies of each packet, authorization letter,
aerial of the property, and a check in the amount of$4140.00.
Please call if there are any questions or requests for additional information.
From: Todd Hodges
MAY-24-00 WED 07:49 AM WELD COO PUBLIC WXS7 FAX:9703046497 • PACE 1
Road File# •
RE:
• Other Gees No-
. APPENDIX
WE!1)COUNTY ROAD MUSS AYPORMAT'[ON-SUEF T
WeldCoomayPtblc Works Detrainment Dom:
1111 H Street,P.O.Box 758, Greeley,CO 80632
. Phone: (970 p56-4000,Ext.3750 Pm: (970)304.6497
1. Applicant Name .5atic�a. t=h>�(, le>: • Phone (970) 679—M41
Adtess .ti 41°2 ay 1%1 sad ea zip &,e4;
2. Address or location of amass 1`1134 Hitt- U7, ^/
Seotoh go* 31. Tomah, RAngb Lot
Subdivision • HA Stock
Weld Canty Road# 13 Side of Road Di»anw from adae&intetsecdon_a j wt oe wog.40 4- 13
I L there em existing a ced m the propeUyl Yes No it of accesses �✓
4, Use: S.
Foment p Residential/Agricultural U tndeser'sl u I
Temporary O Subdivision O Commercial W Other etLJ/4AS/471,4
5. Site Sketch
}� +
Legend for ACM.Desctipi'°e . I - $T
AGA = Agricultural
•
RES •m Residcudall
O&G= Ot7&On
D R Ad Ditch Road •
O - Hone
a = 9hedarOtttbwldiog
•
ra
oma USE ONLY; a
Road *DT Date Accidents
Road ADT Date Accidents Date
DrainageRegnimnent Culvert • Size .Length
Special Conditions
•
swim
❑ lnstallatims authorized O Information fnaufficieat
Reviewed By Tlde demo artsa ees
•
•
WARRANTY DEED
THIS WARRANTY DEED(this "Deed")is made-to be-effective as of the no day of August,2000 between HILL
LAKE, LLC,a Colorado_limited-liahility r'nmpany Cr�rantor ,and Sic[LIZ FARM-, INC/f'Grcantee"),whose legal address
is/1966.45Avenue,-Greeley'6°krade eLS-3244.,County-of-Weld,-State of Colorado- *a Colorado corporation
21475 Weld County Road 19, Milliken, Colorado 80543-
WITNESSETH, that Grantor, for TEN DOLLARS ($1L100) in hand -paid, and-for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged,has grantedaargained,sold and conveyed,
and by these presents does grant, ba'gain, sell, convey and confirm unto Grantee, its heirs, successor and assigns
forever,all the real property,together w th improvements,if any,thereon,situate,lying and being located in the County of
Weld,State of Colorado,as legally described on Exhibit A attached hereto(the"Property)'
TOGETHER WITH all and singular the hereditatments and aces-thereto belonging, or in anywise
appertaining, and the reyersion and rev ersions, remainder and remainders,rents, [mint send profits thereof, and all the
estate,right,title,interest,claim and der land whatsoever of GrantorLeither in law or in equity,of,in,and to the Property;
TO HAVE AND TO HOLD the 'roperty with the appurtenances unto Grantee, its heirs,successors and assigns
forever. Grantor-, fur ibaif mrd ib hairs bubo:mans_and assigns, does covenant, grant, bargain and agree to and with
Grantee, its heirs, successors and assigns, that tat the time-of the execution and delivery of this Deed, Grantor is well
seized of the-Property, has good;sure;perfoct,abselute-and-k lefeabil,fe estate-of hrirwitaice, in law, in fee simple, and
has good right rs p,wer anti ra lthnrl±y.pygrant,-bergain,call and convoy the- anein manner and form as aforesaid,and
that the same are fret and clear bra al former an&other-grants, bargains, sales,, liens, taxes, assessments,
annimhronces anA-restrictions-of-whatevEr kind or nature whatsoever,except and subject to those exceptions set forth on
Exhibit B attached hereto.
Grantor will WARRANT AND FOREVER DEFEND the Property in the quiet.and peaceable possession of
Grantee, its heirs, successors and ass'Lns,against all and every person or persons lawfully claiming the whole or any
part thereof.
IN WITNESS WHEREOF,Gran or has executed this Deed as of the date first set forth above.
HILL LAKE,LLC,
a Colorado limited liability company
By: Pauls Equities,LLC,
a Colorado limited liability comp my,
Its Mang
By.
rized Signatory
STATE OF COLORADO
)ss.
COUNTY OF ADAMS ) a }
The foregoing instrument was acknowledged before me this 7-- day of-day, 1000, by Paul W.
Powers, as Authorized Signatory for Pau s Equities, LLC, a Colorado limited liability-company, as Manager of Hill Lake,
LLC,a Cob :do limited liability company.
"o. • d official s:al.
.
�• tel,
• IAP:i1(1C
,p G:p� Notary Public
e,... -
CF COL
•
•
EXHIBIT A
Legal Description
THE SW 1/4;
THE S 1/2 or THE-NW"I/3y
THE SW 1/4 OF THE NE 1/4;
THE NW 1/4 OF THE SE 1/4;
AND THE S 1/2 OF THE SE 1/4 OI' SECTION 30;
AND THE Nov 1/4 OF SECTION 31;
ALL IN TOWNSHIP.4 NORTH-RANGE 6-7 WEST OF THE 6TH`PM
COUNTY OF WELD
STATE OF COLORADO
EXCEPT
MINNIE LAKE_RESERVOIR (BOOK 31 PAGE- deal:-
TRACT CONS IN._BOOK 247 PAGE- 3-7 (> 'WITT RESERVOIR)j
AND PARCELS TO MORTEERN CONS axut.a sue'COMPANY' (GREAT WESTERN TRACTS) IN BOOX 73 AT
PAGES 241 AND 242
•
•
EXHIBIT B
Permitted Exceptions
- 2 Easements,or claims of easements,not shown by thepubl c rds.
X Dtsorpanda,conflicts in boundary lines,shorta . area,encroachments,and any facts which
n corral surrey andinspectionef fh. a.bl,4,rdose and which are not shown by the
plain peened,
•
4 Any Gen,or right to a lien,fi avian,labor or material heretofore or hereafter furn:sheet
imposed by taw anknat v by the pub&records
S. Defects,Gen cumbrances,adverse daises or other matters,if any,acted,first appearing in
-title per or attachin r subsequent to the effective dateitereof bat prior to the date the
• redacgidr s-of.'rerd for value-the-stale-or or mortgage thereon covered
ya.n-.....re,...• -
Taxes and assesajents for the year 2000, and subsequent years.
F Tr-nf•rud p7s}t a cad r sty tee gr r'r•••••..-+t e. -2-cr Ha.iy..-II/4w? ' OS
roll r— r-;rfcr cry eel..ratl...d.•g ellemies
7. Any water rights or claims or title to water in. on or under the
land.
8. Any existing leases or tenancies.
9. Reservations) as contained in Patent recorded November 8, 1881, in
8008-10-at_Page 357. Said reservation($1 being_.as followax 'All
'Mineral_Lands• should be found to exist In the_tracts described-La-the
foregoing..bit- this, ..-l...tnn an&n„r.pr+.n arrnrning to.the_terms..o.�
the stature shall not De construed to include coal and iron land.'
10. The right of the proprietor of a vein or lode to extract or remove his
ore, -eheuld the same be found to penetrate or intersect the premises
thereby granted and rilhta of way for ditches and canals as reserved in
the United States Patelt recorded i7r,n...ry 14, 1883 in Book 34 at Page
114, and any and all assignments thereof or interests therein.
11. AAnneeasem easement
for
o telephomi and telegraph lines and incidental purposes granted to
p e and R,legraplr by-the- i,rstrnment recorded December 24, 1927 in
Book 833 at Page 431..
12. An easement for .larrrir �jl<n_. aag i�� `el pufpoaes granted to Colorado
CePage al 442.
Company by the instrument sseorded1029-at
g awgiut 16, 1936 in BrxC
13. An easement for communication facilities and incidental purposes granted to American
Telephone and Tel-graph-by- the instrument recorded April 21, 1941 in Book 1077 at
Page 516.
14. An easement for a pipelint and_ inriA.ntal purposes-granted to Sinclair Pipeline
Company by the instrument recorded June 26. 1963 4a-book 1651 at Page 16.
15. Reservation-of 2/3- intererrr In a1T oil, gas and minerals contained in sieed_r.rnra.a
August f, 1974 at Reception No. 1641907.
16. All oil, gas and other mirerals as conveyed in deed recorded January 26, 1984 at
Reception No. 1954168 and April 12, 1985 at Reception No. 2005573
17. An easement for pipeline and incidental purposes granted to Associated Natural Gas
Inc. by the instrument recorded July 24.. 1989- at Reception,No. 2186144. _
18. Oil and Gas Leases Recorde I:
June 26, )964 at Reception Nos. 1439378 and-1135379.
December 3. 1979 at Recept..on Nos. 1410783, 1810785 and 1810786
February 4, 1980 at Recept:on No. 181f043
19. Right of wag for Permere-Exttana -- -es on Survey No. 41-00 dated 4-10-00
by CR Moore Land Surveying.
•
•
CERTIFICATE OF CONVEYANCES
WELD COUNTY DEPARTMENT OF PLANNING SERVICES
STATE OF COLORADO)
COUNTY OF WELD ) Order No. WT54635
The WELD COUNTY TITLE COMPANY hereby certifies that it has made a
careful search of its records, and finds the following conveyances
affecting the real estate described herein since August 30 , 1972 , and
the most recent deed recorded prior to August 30 , 1972 :
LEGAL DESCRIPTION:
THE SW1/4 ; THE S1/2 OF THE NW1/4 ;
THE SW1/4 OF THE NE1/4 ; THE NW1/4 OF THE SE1/4;
AND THE S1/2 OF THE SE1/4 OF SECTION 30; AND THE NW1/4 OF SECTION 31;
ALL IN THE TOWNSHIP 4 NORTH, RANGE 67 WEST OF THE 6TH P.M. , EXCEPT FROM
SECTION 31 "MINNIE LAKE RESERVOIR" AS CONVEYED TO JON W. ERKENBECK BY
DEED RECORDED IN BOOK 31, AT PAGE 481, OF THE RECORDS OF WELD COUNTY,
COLORADO; A TRACT OF LAND CONTAINING APPROXIMATELY 7 .4 ACRES CONVEYED TO
JOHN A. HEWITT AND CHARLEY A. HEWITT BY WARRANTY DEED DATED FEBRAURY 2 ,
1903, AND RECORDED IN BOOK 207, AT PAGE 37, OF THE RECORDS OF WELD
COUNTY, COLORADO; AND A STRIP OR PARCEL OF LAND CONVEYED TO THE NORTHERN
CONSTRUCTION COMPANY BY WARRANTY DEED DATED FEBRUARY 8, 1905, AND
RECORDED IN BOOK 73 , AT PAGE 242 , AND STRIP OR PARCEL OF LAND CONVEYED
TO THE NORTHERN CONSTRUCTION COMPANY BY WARRANTY DEED DATED JANUARY 18 ,
1905, AND RECORDED IN BOOK 73, AT PAGE 241, ALL IN THE RECORDS OF WELD
COUNTY, COLORADO (GREAT WESTERN TRACTS) .
CONVEYANCES (If none appear, so state) :
Book 1522 Reception No. 1295295
Book 720 Reception No. 1641907
Book 1017 Reception No. 1951627
Book 1017 Reception No. 1951628
Book 1044 Reception No. 1982957
Book 1349 Reception No. 2301680
Book 1471 Reception No. 2419225
Book N/A Reception No. 2763982
This Certificate is made for the use and benefit of the Department of
Planning Services of Weld County, Colorado.
This Certificate is not to be construed as an Abstract of Title nor an
Opinion of Title, nor a Guarantee Title, and the liability of WELD
COUNTY TITLE COMPANY is hereby limited to the fee paid for this
Certificate .
In Witness Whereof, WELD COUNTY TITLE COMPANY has caused this
Certificate to be signed by its proper officer this 29TH day of JUNE,
2000 at 7 : 00 A.M.
WELD COUNTY TITLE COMPANY
By:
Authorized Signatory
i r`;i:,i l ;IS n; •i j; !?, k'! .: iii7hi III Hill
l iuii i oath h1±41., 2iei "r :: _ li:$"^^ il! Hie! that 183t
2703982 04/25/2003 12:0dP JA Suki Tsukamoto
1 of 3 g 15.30 0 =On O3 Weld Count/ Cu vv:�xd;;san x xDIXT2
GG
:'iiF5 JiSF7, made this 25th day of April, 2000, between LAKE FARM, LLC, a Wyoming
limited liability corxany, ('Grantor), and HILL LAKE, LLC, a Colorado limited liability company,
tie legal aidrees is 3950 Lewiston Stied, clOI, Aurora, Colorado 800I1, the County of Arapahoe,
State of Colorado(°Grant r')_
WITNESSETH, that the Grantor, for and in consideration of good and valuable consideration
and TEN DOLLARS (S10), the receipt and sufficiency of which is hereby acknowledged, has granted,
bargained, sold, and conveyed, and by these presents does grant, bargain, sell, convey, and confirm unto
the Grantee, is heirs, successors, and assigns forever, all the real property, together with improvements,
if any, nitune,lying, and being in the County of Weld, State of Colorado, described as follows:
The Southwest one-quarter(SWI/4);
The South one-half(S1/2)of the Northwest one-quartet(NWI/4)_
The Southwest one-quarter(SW1/4)of the Northeast one-quarter (NEI/4);
rat Northwest one-i:ciw. (NW 1/4)/4)of the Southca.st one-quarter(Sr 1/4);
and the Sn,rth ono-half(S1/2)of the Southeast one-tuurter(SE1/4)of Section 30;
and the Northwest one quarter(NWI/4)of Section 31;
All in Township 4 North, Range 67 West of the 6th P.M., . from Section 31
"Minnie Lake Reservoir" ins couveyeel to John W. Erketiheck Jy deed recorded in Book
31, at Page 481, of the records of Weld County, Colorado; a tract of land containing
approximately 7.4 acres conveyed to John A. Hewitt and Charley A. Hewitt by warranty
deed dated February 2, 1903, and recorded in Book 207, at Page 37, of the records of
Colorado;
-� r I f i•.e,A A Th i..�.Le�
Weld L......J, L.Dtt:c.UO; a !gyp parcel of conveyed to The LLLVS WGl I(
Constnion Company by warranty deed dared February 8, 1905, and reairded in Book
73, at Page 242, and strip or parcel of land conveyed to The Northern Construction
Company by warranty deed dated January 18, 1905, and recorded in Book 73, at Page
241, all in the records of Weld County, Colorado (Great Western tracts).
TOGETEMR with all and singular the hereditaments and appurtenances thereto belonging, or in
anywise 4npertaining, and the reversion and reversions, remainder and remainders, rents, issues, and
profits thereof, and an the estate, right, tiUe, interest, claim, and demand whatsoever of the Grantor,
either in law or in enmity, of. in, and to the above-bargained premises, with the hereditaments and
appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described with the
appurtenances umo the Gramm, its heirs, succors, and assigns forever. And the Grantor, for itself and
its heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, its heirs,
successors, and assigns, that at the time of the easealing and delivery of these presents, Grantor is well
seined of the premises above conveyed, has good, sure, perfect, absolute, and indefeasible estate of
inheritance, in law, ir. fee simple, and has good right, full power, and authority to grant. bargain. sell.
and convey the same in manner and form as aforesaid, and that the same are feet and clear from all
former and other grants, bargains, said, liens, taxes, assesments, encumbrances, Ind restrictions of
whatever kind or nature soever, except and subject to exceptions set forth on Exhibit "A" attached hereto
and incorporated herein by reference; and real property taxes for the year 2000 and subsequent years.
The Grantor will WARRANT AND FOREVER DEFEND the above-bargained premises in the
quiet and peaceable p L=esion of the Grantee, its heirs, successors, and assigns, against all and every
person or persons is lly claiming the whole or any pant thereof.
IN WITNESS WHEREOF, the Grantor has executed this Deed on the date set forth above.
LAKE FARM, LLC, a Wyoming limited
liability company
,
1 7'881;7 Viii urs.•' sme ,......_ ...__
',tom ui viii 3i i`,: muala Will III'gll!I It I'll
;tuQcoL uii20i.u.J ]2:Q4P JA Saki iaukanolo
let 3R .5, x., _
STAT5 OF COLORADO )
) ss.
CnnNTY nF LA TMER
The foregoing insamment was subscrWed,sworn to, and acknowledged before me this=I;day of
AM, 2000, by MARY HELEN REED, member of Lake Farm, LLC, a Wyoming limited liability
company.
Witness my hand and official seal.
My commission expires: 27/0
&Z
�s •: ARY 11/4 621‘103")
rt ?f�i(iC
' "
a^i Rid N. 4 Pu/ �
z PUBLIU /a!
W14. e J or zrwn:.n
•
•
I Igo'li RI!PH Mill ilk �!i!6IIII10!
2763802 04126/20001-,12:04P JA Sold Tsukamoto •
3 at 3 R 15.00 0 '.8u.00 Weld county CO F F.
EXHIBIT"A"
.-e a.
7
1.. Reservation(s) as contained in Patent recorded November 8, 1881, in
Book 20 ar Page 357. Said reservation(;) being as follows: "All
'Mineral Lands' should be found to exist in the tracts described in the
foregoing, but this exclusion and exception according to the terms of
the stature shall not be construed to include coal and iron land."
2;. The right of the proprietor of a vein or lode to extract or remove his
ore, should the same be found to penetrate or intersect the premises
thereby granted and rights of way for ditches and canals an reserved in
the United States Patent recorded January 16, 1883 in Book 34 at Page
114, and any and all assignments thereof or interests therein.
3, An easement for telephone and telegraph lines and incidental purposes granted to
American Telephone and. Telegraph by the instrument recorded December 24, 1927 in
Book 833 at Page 431.y .
•
4. An easement for electric power lines and incidental purposes granted to Colorado
Central Power Company by the instrument recorded August 16, 1938 in Book 1029 at
Page 442.E
5. An easement for communication facilities and incidental purposes granted to American
Telephone and Telgraph by the instrument recorded April 21, 1941 in Book 1077 at
Page 516.r/
6, An easement for a pipeline and incidental purposes granted to Sinclair Pipeline
Company by the instrument recorded June 26, 1963 in Book 1651 at Page 16.✓
7. Reservation of 2/3 interest in all oil, gas and minerals contained in deed recorded
August 6, 1374 at Reception No. 1641907.
8. All oil, gas and other minerals as conveyed in deeds recorded January 26, 1904 at
Reception No. 1954160 and April 12, 1985 at Reception No. 2005573
9. An easement for pipeline and incidental purposes granted to Associated Natural Gas
Inc. by the instrument recorded July 24, 1989 at Reception No. 2186144.
10: Oil and Gas Leases Recorded:
June 26, 1964 at Reception Nos. 1439378 and 1439379.
December 3, 1979 at Reception Nos. 1810783, 1810785 and 1810786
February 4, 1980 at Reception No. 1816043
11. Right-of-way and Surface Damage Agreement dated November 9, 1984,between Lake
Farm,a general partnership, and Shepler&Thomas,Inc.,pertaining to oil and gas wells
in Sections 30 and 31,Township 4 North,Rance 67 West,6th P.M.
12. Farm contract with Don Seewald dated November 24, 1998,as amended and extended on
March 21,2000.
13. Oral month-to-month lease of the home at 19134 WCR 13,Johnstown,Colorado.
14. Boundary line discrepancies,conflicts in boundary lines,shortage in area and
encroachments as shown on the boundary and improvement survey prepared by C.R.
Moore Land Surveying dated April 16,2000.
i 5. Right of way for Fair,:er s Extension Ditch as shown on Survey No.41-00 dated 4-I0-00
by C.R.Moore Land Surveying.
16. All oil, gas and other ainerals are a severed interest and are eacepted as
described in deeds recorded January 25, 1954 at Reception No. ).954168
smA April 12, 1985 at Reception No. 2005573.
r :..ti:.• x.."# ... , .a.^r!.. e.�i '•rv<:'%�.a+ a Ka;•TL*{n" ^` a lx,♦ a
u,S dam..... "*'• w'1"`y;:3 .P, r 4,.3nti� .;;,v.«+A,16<•M1tYe::2t.....s:'a,eyu;is.rr�>ir.-yi.r . ......._,._..__ _._._..
2'19225 B-1471 P-737 12/15/94 04:02P PG I OF 2 REC DOC ,�
Weld County CO Clerk & Recorder 10.00
WARRANTY DEED r""
{ .
AR241922S
Grantor, HELEN Y. McCARTY, county of Boulder, state of
Colorado, for the consideration of. Ten Dollars ($10) , in hand •
paid, hereby sells and conveys to LAKE FARM, LLC, a Wyoming
limited liability company, 6387 N. 107th Street, Longmont,
Colorado 80501, the following real property in the said county of
Weld, state of Colorado, to wit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
(Actual consideration less than $100)
also known by street and number as: Vacant land.
with all its appurtenances, and warrant the title to the same,
subject to 1994 real property taxes and subsequent years' taxes;
• easements; rights-of-way; and reservations.
y/
Signed this /�\1 day of December, 1994. jj
HELEN Y. MdCARTY V
l.
V' 3
•
STATE OF COLORADO )
ss.
County of Larimer )
The foregoing instrument was subscribed and sworn to before
me this /,T64 day of December, 1994, by HELEN Y. q/IM�cCCAA-RTY.
cl NOTARY
Notar public
'_ ;,I( My commission expires:
02/7' '
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2419225 B-1471 P-737 12/15/94 04:02P PG 2 OF 2 ;;w
EXHIBIT "A"
• The Southwest 4, the South ''' of the Northwest k, the
Southwest 4 of the Northeast 1/4, the Northwest : of
the Southeast 4 and the South 1 of the Southeast 4 of
Section 30, and the Northwest k of Section 31, all in
Township 4 North, Range 67 West of the 6th P .M. , j.
containing in all 560 acres, more or less; (excepting 7:
from said Section 31, "Minnie Lake Reservoir" as 1.
conveyed to John W. Erkenbeck by deed recorded in
Book 31, at Page 481, of the records of Weld County,
Colorado; and excepting a tract of land containing ;.
approximately 7.4 acres conveyed to John A. Hewitt
and Charley A. Hewitt by warranty deed dated February
2, 1903, and recorded in Book 207, at Page 37, of the
records of Weld County, Colorado; also excepting a
strip or parcel of land conveyed to The Northern
Constructio". Company by warranty deed dated February
8th, 1905, and recorded in Book 73, at Page 243, of
the records of Weld County, Colorado; and also excep-
ting from said Section 30 a strip or parcel of land
conveyed to The Northern Construction Company by
warranty deed dated February 18, 1905, and recorded
in Book 73. at Page 242, of the records of Weld
County, Colorado) ; but together with all ditch and
water rights appertaining to said premises, including
21. 9 shares of the capital stock of The Farmers
Extension Ditch Company, 9 shares of the capital
stock of The Highland Ditch Company and 25 shares of
the capital stock of The Bunyan Lateral Ditch Company,
also all right, title and interest of the grantors in
3 and to a cer
tain reservoir, priorities and water
,- "Hill Reservoir", said res ervoir
rights, known as the
g. February,
, '`
having priority No. 4, as of the first day of Fe y,
1879; County of Weld, State o£ Colorado -
Further together with 150 units of the Northern Colorado i 'C
Water Conservancy District.
1
arttet
i v:4-
fiyt
. 'k..s-aT.-IfYRD.11.'•YI
,z .w '''Aa..44.-*a..jw-iaiwi,y.e-.. +yx,ir-`•vr -su.,_ 44bet.. IK 17�¢ it
`l " EA+ ¢h-.f 4t {,i yh Y. •Z,4't,m;aw n Ley, r-s.p.t•} rlt )41'4 t. ; : :• L' -'1.,.0-
Y L •
A
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t 4
D 1349 kEC 02301680 08/28/92 16:15 $10.00 Ii002 "*
ARi'3CILbA(7 F 0678 MARY ANN FEUERSTEIN CLERK d RECORDER WELD CO, CO 'its
}
5
WARRANTY DEED
t }
LAKE FARM, a general partnership, whose address is P.G. Box t . I
596, Longmont, County of Boulder, State of Colorado, for and in 461,.
consideration of Ten Dollars ($10) and other good and valuable
consideration in hand paid, hereby sells and conveys to HELEN Y. �`
McCARTY, whose legal address is P.O. Box 596, Longmont, County of ' "" - I
Boulder, State of Colorado, the following described lea' estate,
in the county of Weld and the state of Colorado, to wit: a
See Exhibit "A" attached hereto and incorporated [ >• I',
herein by reference. ++ 4 "^
wit','
with all its appurtenances, and warrants the title to the same, }Ai":
subject to: 1992 taxes payable in 1993 and subsequent years' t;. .
taxes; a first deed of trust in the principal amount of ri
$150,000. 00 to the Equitable Life Assurance Society of the United D',.'`
States dated January 27, 1986, which grantee assumes and agrees
to pay; easements; rights-of-way; and reservations of record. r
Signed this _ day of June, 1992. max'
h
64 LAKE FARM, a general partnership "'
By rt','.,_1 ,/_r -7, 6, t: r
- Helen Y. Mccty, ,partner - %xh`S
-----z— /-
. 7
4 Michael H. McCarty, partf �l.' I
s' STATE OF COLORADO )
r ) ss.
k County of Boulder ) '
C`4,
-. .-
The foregoing instrument was acknowledged before me th' so'o� , `',. r
day of June, 1992, by Helen Y. McCarty, a partner of. Lake'••• ' ;
Farm, a general partnership. 3t;` , '
*r dl ,� v �'/.. r.. t, rrya
Notary Public , ' i' 1\ 4 '< ,
My commission expire f _. - / / c ,:x�" r 1y"
f (f / i'J ,,� '1
t4 STATE OF WYOMING ) er '}` " '
2, County of Park i 'r u a•t �§'4f
,a FP
The foregoing instrument was acknow7.edg_d before me s® - e s j ,,
J'.III c day of June, 1992, by Michael H. McCarty, a partner 2 EteL A. s, t1 1. "�'
? r*n, a genera]. partnership. , : X k+
�; r diary Public = ---- — — 4'hK r
My commission expires: f`` #
g
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,..` ir3y,,,'�,� x.+¢hAr.,j;4'r urf!.•+saE+rr..�eft`'.n„f.J _-.„ t_ s n7 yr.�x„ a x a, ., J 7 . . o tr ��. �lp, x
At s1349 s 1349 P,EC 02301680 08/28/92 16: 15 $10.00 2/00'7. -4.,.-/Ii',. ;' 1r "'
y
.;.,; F 0679 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO p
i
The Southwest ;:, the South 1; of the Northwest k, the 4
4,-. Southwest 4 of the northeast ';, the Northwest 1: of
the Southeast : and the South h of the Southeast 4 of M 'k
>,ac,
Section 30, and the Northwest of Section 31, all in
ai
Township 4 North, Range 67 West of the 6th P .td. ,
containing in all 560 acres, more or less; (excepting
from said Section 31, "Minnie Lake Reservoir" as
conveyed to John W. Erkenbeck by deed recorded in !4 �
Book 31, at Page 481, of the records of Weld County, ,,,-4:--: ."'
Colorado: and excepting a tract of land containing
approximately 7 . 4 acres conveyed to John A. Hewitt
and Charley A. Hewitt by warranty deed dated February
2, 1903, and recorded in Book 207, at Page 37, of the 'I
records of geld County, Colorado; also excepting a +MMY f" 1
strip or parcel of land conveyed to The Northern
Construction Company by warranty deed dated February
8th, 1905, and recorded in Book 73, at Page 243, of +F .a
the records of Weld County, Colorado; and also excep- I17;1. ' 71.'
ting from said Section 30 a strip or parcel of land
conveyed to The Northern Construction Company by
warranty deed dated February 18, 1905, and recorded , .`
in Book 73, at Page 242, of the records of Weld
f. County, Colorado) ; but together with all ditch and
water rights appertaining to saidpremises, including
9 PP- 9
21. 9 shares of the capital stock of the Farmers Oro', r
Extension Ditch Company, 9 shares of the capital
stock of The Highland Ditch Company and 25 shares of
Wr, the capital stock of The Runyan Lateral Ditch Company,
also all right, title and interest of the grantors in r �
j, and to a certain reservoir, priorities and water ;. .'
3- rights, known as the "Hill Reservoir", said reservoir sM .I
having priority No. 4 , as of the first day of February,
a '
' , �q t
.s
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541 B 1044 PEC 01982557 09/26/84 10139 56.00 1 /002 (, 'x
*• AK 19b2957 ['
F 1496 MARY ANN FEUEPSTF.IN CLERK 6 RECORDER WELD CO, CO 99
•.
HELEN Y. MCCARTY (an undivided 87.211% in crest) yt
>r +:$1 and MICHAEL 11. MCCARTY (an undivided 12.7 9% 'moo,
M. t int rust) y?�. m
r a '.t'n, :old, 1 1306 N. 9th Ave„ Longmont,
Y . ,
6„.d ('aunty n1 Boulder .State of
M
0.. ''° Colorado .for the cnnvder.rtmn of 4:
s x t ^-51 DOLLARS AND OTHER GOOD AND VALUABLE C N3IDERATIOU
dell u• hand pair! herrhyndlf•1 m•I rnmccfa t''. �
r�-
. .,_ Fier �, r ',1:47'
LAKE FARM, a r3cnero., 7di t:trr,Ship ./-,;,,e--
b ` ' ..o , I adln i, 1306 :9. 9th Ave. , Longnont, Coy of
BoNider and State or Colorado felln-uini:n:I pro,rrr:y in the
TSB
T rte' County of -deli and State of Colnaro .•wit 4,47-,J
W
rte, :
#tfl' srI. EXHIBIT "A" ATTACHED I IEPu iO AND 1 YCfRPOi)A:'F.D `Y
t PEREIN RI REFERE•(CE.
, J -,-..-.."a
in 4t ,1 ^ T 7
lu 1
c6 ea( ' i+ 'k
'+ �.. ..
( r t�.;.r .��,.;� i�ln re.ti.nn lest; th.rn $100.001;t
i€P
Y
va'ir +.:th it! :plan-tenant-es. rind uarr.nt(s) the title to the orie, subject l tt to 10d td/.CS pay-u1,2
Ss •n ,R _ tai -;t nont , rjyhr_-.f-wa'r ..
; A .t ? and roserv-ations .cf.•r co�rdr� '._ �
,t[
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f Cft 1 1$11 tit f .se
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,.Mrs; !dlrt ir•1 11. McCarty � ��- a
` x'd;ers'
sh.E(2 Countyrr hoc ien` c+ 4a
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F 1491 F✓•.r'+ ANN FEU4FSTF.IN CLEAT! L 9ECORDER WELD CO, CO ��-- g�4 a
p,.- -: . 4. :f.4':
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The Southwest :, the Louth !; of the Northwest :, the C�'f"' 9 '-'442:f(44'
of the Northeast !:, the Northwest ': of Y" f-C''*adL' �.e " ff
Southwest t and the South 's of the Southeast of 46
the Southeast r
Section 30, and the Northwest of Section 31, all in 1 "',, � •, 4"� ., yY
' 67 {kr 4 474-4" K Tq
Township 4 north, Range re West more
or h less; (excepting
l SC ":'0..'`..1r111-.a ._ ''
containing in c all 560 acres,
from said Section. 31, "Minnie Lake Reservoir" as •
9a Y •1 j`�ie6,
4 conveyed to John W. Lrkenbeck by deed recorded in �' nr fir.
'� 4B1, of tie records of Weld County, ,� "tn vx '
Book ad, at Page 4°e ,int bl�,.t�
4. rolorado; and cr.ccpting a tract of land containing ��
F approximately 7.4 acres conveyed to John A. Hewitt fKU' ~*Aa�:
and Charley A. Hewitt by warranty deed dated February n mi :-' q...-y
2, 1903, and recorded in Book 207, at Page 37, of the n as .� a .,
4n`.#�•�,
records of Weld County, Colorado; also excepting a ) j ; ti-4-,W :liC.Z
strip or parcel of land conveyed to The Northern {{{';',4.1:1!!N
jSa
Construction Company by warranty deed dated February 1µj, + .•y Y,l�"+ '''F a.
8th, 1905, and recorded in Book 73, at. Page 243, of
the records of Weld County, Colorado; and also ezcep- , s x
• °rc:+ said Section 30 a strip or parcel of land .,-
warranty to •
The :tedt Febo aons 18 1905 Company corded , * � r +'
1 warranty Jced dated February 18, 1905,
in Book 73, at Page 242, of the records of Weld
County, Colorado) ; but together with all ditch and V .f 'r °
- ___ ,nt<_aooertaining to said premises including , Hy , .y
21. - _
eof the capital stow � a'
Extension
shares P ; ,�: tF
,.zten :on Ditch Company, 9 'Company andhares of e25 shares of - r a � rA°
1 stock of The kigh and Ditchi �J1� ,rs�3•.
the capital stock of The Runyan Lateral Ditch Company,
also all right, title and interest of the grantors in rifni ,r�Y •,
and to a knowncertain
reservoir, priorities and water I
7 rights, as the ":till f the ir", said Reservoir � I^ µ
'11Jrya t'�t, "`�PK �nb titio
having priority `:o. 4, as of the first day of February,ry, , , ,y,,
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' B 1017 REC 01951628 12/30/83 14:36 $3.00 1/001 f,•`?
r;' .A81951626 F 0255 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
s.r+"'" PATRICK W. f'X7C7+RCY t'yyGx
41
a q(, whose addre•;,is 2525 W. County Ad. 44 - ar , •
( ¢, tit.,
rk i� Berthoud, County w Ldris.F.r •. State of
W
c
+x, Colorado .for the consideration of TEN and OTHER WOO AND
tehta r *H
WAaL2 CY1SIDERA ICt7 `
tn- ry` , :�in hand paid,hereby sell(s) and convey(s) to I ,,
- . '-. Helen Y. McCarty
t
-- :v whose legal address is 1306 W. 9th Ave., Lay-runt, County or ` . ,rr�
f r a gofl.i•+r ,and State of Colorado the following real property in the ' ; je "
,a
( State Colorado,to wit: •::'Y.-:'L- an1 of
,:. ' an undivided 12.7898 interest itf°�ydt(: weld
y" `+ The Soutte+est k, the South k of the Northwest k, the Southest is of the Northeast t ° '{
ha:Ofil
is, the Northwest is of the Southeast k and the South is of the Southeast k of
, Section 30, arc] the Nortl'nest 4 of Section 31, all in Township 4 North, Range 67 „r' -»•
, i West of the 6th P.M., containing in all 560 acres, more or less; (excepting fran r ,,
said Sectic 31, . conveyed
Minnie Lake Reservoir" as to John W. Erkenbedc by deed i4
n •�Y«Y
recorded in Bode 31, at Page 481, cf the records of Weld County, Colorado; and }
excepting a tract of land containing approximately 7.4 acres conveyed to John A. "rr8. rt
,-...r.: 'r,., ,. .v: S
Hewitt ctrl Chancy A. Hewitt by warranty d^.ei dated February 2, 1903, and reco_ik_sl ,,�
r� in Book 207, at Page 37, of the records of Weld County, Cbloradio; also excepting a
y^ strip or parcel of land conveyed to The Northern Construction Cai 'any by warranty ' aw e4y deed dated February 8th, 1905, and recorded in Bock 73, at Pace 243, of the records r 4.744,.. ..r..
deed
p:-.1.1.,;,' Tf - of Weld County, Colorado; and also excepting fran said Section 30 a strip or
3 , parcel of land oarvcyai to The Northern Construction Canpary by wa.�._^.j deed ( r
�',01,' dated February 18, 1905, and recorded in Balk 73, at Page 242, of the records of
y,,�. 3 Weld +platy, Colorado); but together with all ditch and water rights appertaining e
• . tes garners
to rain prsri , including 21.9 shares of the capital stock of The Fars ' he
` "" Exttunsiat Ditch Catpary, 9 shares of the capital stock of The Highland Dit_t 't, '-
.' '"r.,;;;' Caar 'ry and 25 shoes of the capi' l strdc of Me ?.^.+an Latex. i[itch CCUw.. �Pr
also all right, title and interest of the grantors in and to a certain reservoir, a+
r V rr* priorities and ra ter rights, known as the 'Hill Reservoir", said reservoir having p
"-. 4 _ _ - _ '' tzar s priority No. 4, as of the first day of February, 1879; ?t :..
'' 4tl j!T: C'i
;x
�Yr '," ,t' - with al! its appurtenances, and warrant(s) the title to the same. subject to prior years' tarns ?:"^'
which grantee accepts and assunes to pay; easarnts, restrictions and rights-of-
"rL`-t"x way of It-L-1 or in place, if any. 1
w di, rift'
T`
rr v :rr 4 `.'s.
' v'''t*at. Signed this Jo O day of L � 31 �/ / F .it..
s-cC lc/li �;', // + c 'F ) t
t yv Y tr1G. r7. McCarty *I
my
t `balk 's.
Y '
!5s. y
County of JG'e
The fo:egaing instrument was acknowledged before methis 36: . a$4 .
_y'a day of r . 19 83 by Patrick W. McCarty et' s li 1'
' -+;+e
bYe-s•ngn6'ara aVal
x. 7-0" p_ r - ... ro i-
Gw
1:-‘,72. 1a.
al -.4%h:slim
.,; s ,mod"?•— 'F^-w �r a a ,
.-s-'e. y"'f x. q,.,.:4?-n..,-!-- .F:-- y `- • W` r ,, .id .0-e v
- :S�
ilS`•+.A"'t,: ..r.r :.i�:..L,,.N: M .: .. «'iq7 ti'i4C..�.r' y.r......_.,.�.i..5� 1 .;.
I. ARb95}b27 : `F~ `
4 i
• B 1017 REC 01951627 12/30/83 14:35 $6.00 1/002 �e� ':J c _
1's V F 0253 MARY ANN FEUERSTEIN CLERX 4 RECORDER WELD CO, CO a .ix y
Yf "
�7 , :-,
"
PERSONAL REPRESENTATIVE'S DEED 5 . t }
:LW,'
THIS DeED made by MICHAEL H. MCCARTY and PATRICK W. a �1 Si-
A5,,,. ,!: _ 4z., ..:'. ..
.,, MCCARTY, as Co-Personal Representatives of the Estate of 'k+ ? ,
A
Horace G. McCarty, deceased, Grantors, to HELEN Y. MCCARTY, ai ,yif air
an undivided 74.422% interest, MICHAEL H. MCCARTY, a:' W .-
5+ . undivided 12.789% interest, and PATRICK W. MCCARTY, an ,:t s.... 5
undivided 12.7899 interest, whose add_ess for the purposes °.-.b'
t .ti•
of this Deed is P.O. Box 550, Cody, WY 824s4; • pi ' ak
WHERCAS, Grantors are the qualified Co-Personal `�r ';
Representatives of said Estate, Probate 081PR326-3, Boulder t'"`" s vr �
: ' L
r County, Colorado; and, r ° r
r 5
ta
THEREFOrc, Grantors convey, assign and transfer all "v
�ttav'!. k
.' r.a
to Grantees the following real property in Weld County, r
" • ...,1,,,,,a777:
x„ Colorado:
The Southwest h, the South h of the Northwest h, the
Southwest h of the Northeast h, the Northwest h of •,
• the Southeast h and the South h of the Southeast h of pp
Section 30, and the Northwest h of. Section 31, all in - 'µpeet t. 5 x -.
y3. Township 4 North, Range 67 West of the 6th P.M.,,
containing in all 560 acres, more or less; (excepting
from said Section 31, 'Minrr.e Lake Reservoir" .astoa rt;"x
conveyed to John W. Erkenbeck by deed recorded in14Y1 `*
_,, Book 31, at Page 481, of the records of Weld County, .- •:-Y
r. Colorado; and excepting a tract of land containing L`
a pprngimatrly 7,4 acres conveyed to Jahn A. Hewitt V
and Charley A. Hewitt by warranty deed dated February ' ,
�
2, 1903, and recorded in Book 207, at Page 37, of the k ice'Ix,5€1` ;:`�
records of Weld County, Colorado; also excepting a `''"—
strip parcel �or of land conveyed to The Northern ,
Construction Company by warranty deed dated February H',
.5th, 1905, and recorded in Book 73, at Page 243, of r1K10t ,
the records of Weld County, Colorado; and also excep- V ,..,tJ
ting from said Section 30 a strip or parcel of land �T
7 conveyed to The Northern Construction Company by - Y
warranty deed dated February 18, 1905, and recorded
in Book 73, at Page 242, of the records of Weld
County. Colorado) : but together with all ditch and n- —72=:o- ':
water rights appertaining to said premises, including C4 ..
21.9 shares of the capital stock of The Farmers
Extension Ditch Company, 9 shares of the capital " n
stock of The Highland Ditch Company and 25 shares of E '}
the capital stock of The Bunyan Lateral Ditch Company, r*:':.- i- .
also all right, title and interest of the grantors in (5 , , +�„'x' -
r end to a certain reservoir, priorities and water ` $.,ka.
rights, known as the 'Hill Reservoir', said reservoir r:4i ':A' l
having priority No. 4, as of the first day of February, •i
s. 1879: 7. v" a
...
_ '41 >�s'*'4l0�4:�. Mtn .r �.c.: _
,+ . ,v-.s_.�,_.,,._.. ._ ....amw:sd.... ..a...�+,..a.an.»s.0... u...c..l'F�+L�wassms�'znw.af- �i.�i.J:...—. -: ..
str�'A' B 1017 REC 01951627 12/30/83 14:35 $6.00 2/002
F 0254 MARY ANN FEUERSTEIN CLERK s RECORDER WELD CO, CO .. ;, '
SUBJECT to all easements, rights of way and reserve- •• ;�
tions, zoning restrictions and covenants of record or z`-. F,r
otherwise established; all assessments and subse- 0 -rip-
>' t
quently assessed taxes. . -
r „
p
EXECUTED this ,p �- day of December, 1983. _
h Mc e o art , Co-Personal '.'s,, . :
Representative a4
,
Aft / i ` " , 7
('Patrick w. McCarty, C6-Persona/I
Representative l `
+ . a�;
- : STMT OF COLORADO ) k
t ) cs •'.V
v c3C,NTY OF ? r ' + r
t
The £t2srgoirq instrument was acknowledged before me a,
this ,142 day of December, 1983, by Michael H. McCarty ve ,;1.
and PA rick'W. McCarty an Co-Personal Representatives of the t] ' ,
Estate of Korace G. t-icC arty. ,o i-,01,— y4
, ,.
at , My Commission expired: LIT /7,- Ix�1ti` ', ka
WITNESS icy hand and o icieal. ‘1'4,,,?, +
r1,24'-:-/.54!
} `'...p.4, ( n .) / -,.� re s
r s'� ti .s 'e<ii$4,,s :t
n r cn1A'?y o y u e s a..
ad-! ♦t"' I "t\''' C, " ..c. � T ‘ -i W
S
a tv
i.'
{
A 4
-
§
r-
-; C nccorded at ✓ .o'ffyck.s^/.._errs._
.. .{r. 1.b�4'�X11/ i L.
sir
,rfJ I2..11 Ro.:0ptiaf No / i,4 •_...?.:•e :c
''IELEN M. FICKEL, whose address is Berthoud, County of
i
Lariner,.anJ State of Colorado,'and D: WILSON MCCARTY, .
1
1 1 whose address is Locgnont, -
C " County of• Boulder ,State o£
'",i -1 o I Colorado , for the consideration of ONE DOLLAR. It • " b'hS
'13$ CI I &liana in hand paid,hereby aell(s) and convey(s) to a ..
e 1 ro I H. G. McCARTY, . t : r yS:
x* ,^ •I, r'
' " whose address is Longleaf County of ''i • ;,
. I Ireal
.
Boulder and State of Colorado,o, t_^c£c!!a::Wg :':1 ptoDu i)' in the L
,., _, o I �r
County of Weld ,and State of Coto;ado,to wit:
4'�. , The southwest quarter (SW'), the south half (SL) of the northwest quarter
(NW';), the southwest quarter (SWA) of the northeast quarter (NEA), the north- i' ' V >
t" pi ? west quarter (NWA) of the southeast quarter (SEA) and the south half (Sri) of -.
, 7< .c, the 'southeast quarter (SEA). of section thirty (Wand-thenorthwest quarter ).
X ) ?1,,V."21 (NWi) of section thirty-one (31), all in township four (4) north, of range -
5i '•sixty-seven (67) west of the 6th P.M., containing in all five hundred sixty i. 4
r7 II (560)acres, more or less; (excepting from said section 31, "Minnie Lake t 6 q�.
"(4 _I Renerverr" ns conveyed to Johr C=kenbeck by deed recorded in book 31, at �A
t page 481, oC the records of Weld County, Colorado; and excepting a tract of I' ;
1 I land containing approximately seven and (our-tenths (7.4) acres conveyed to
,, 1 John A. Hewitt and Charley A. Hewitt by warranty deed dated February 2, 1903, .
X1.. ':.-1I and recorded in book 207. at pace 37. of the records of Weld County, Colorado; I
also excepting a strip or parcel of laid conveyed to The Northern Construction I la
<,
�«'r. Co.,pany by warranty deed dated February 8th, 1905• and recorded in book 73. at I
,,-
p .e o!,n of the .,......'.s of Weld County, Colorado: and also excepting from said li f 7.
section 30 a strip or parcel of land conveyed to The Northern. Construction Cem- !
}. warranty
-'f.....,-- .'''''H
I p lv w1 t ' d d dated February 13 r 1905, and recorded in book 73, at �1,t
' F 1 page 242, of the records of Weld County, Colorado): but together with all ditch j
Alk .I I and vater rights appertaining to said pr 1 ies, including 21.9 shares of the II
r, ? 1 capital stock of The Formers Extension Ditch Company, 9 shares of the capital ii 1.
Ir ,� I stock of The '.'ighland Ditch Company and 25 shares of the capital stock of The I, a +t
Bunyan Lateral Ditch Company,pany, also ail right, title and interest of the •rant
in and to a certain reservoir, priorities and water rights, known as the "Hilt I1i'
Lx r _ Reservoir", said reservoir having priority No. 4, as of the first day of 1I
-y, d 4a.�u u....___.._e._.
ti�ese:mlmnrrtrxx!arn++EX5^'.?I?d4'.ti�Fv.'a!N$k'�:tlia .RaFt�+�W.'.'�i x+v.'�'AIP:dt4 II a
`<, y February, 1879: II
-iit'• to the grantors an undivided 2!3rds interest in all oil. gas and I,
minerals underlying said premises.
"s' a k ' ,t I Signed this 2nd day of August ,19 74 . .I
n[YJ• I l4 1 '
ii
r k. Helen "2i brick ei. ' 'i
��., :` D. vilson McCarty. 1
1I
Stijl STATE OF COLORADO, i
' 17 1 II ie
t _ �0.. } L• Count L11 of 9C cer l
I
�l ,
'<}++� .ri I • l lcelbjing instrument was nr30nle Sped:-f re methi3 2n I'. k.
r c w 2 Inc!n X11 JC , ly l4 1;n . .�.�. _ a•:G 1 �J .. �tC.va..
8: ,." F.-Ju Ip him:
;l
{ AJ. •.• r ion expp:_-e3 July 1-'eec 1 ,3. 3
I� '!'".Winc+r:' hand and official se_^,i. __
rrii e OF P t.. - / /
tNotars Fobtlo
•A ln..re. 4 < t-r br ra:9.,reo,'-or Pc.-n _i _ ors:L by pent,re.L-or L roorecontatire or Ii '4 4•'
J :neca.tan^ for ottoree..l0:Su Ica Lx.,nit :n 4z^r::-at+`r S f er o.C ca,. i te'.l y
. ,l1 1 Cot: U DT°fair of ccr t�tloa theee boef Gan o or tore otter or ern '-o.v eta rna at Or 0tbt 0....:!o: enc co. I, V
k a,.,' Ali II >
^.t No.E97. W.-:ve 'Der—lbw;Fyn S 'itc$.1,CR.S.,M! C.,..1,7.4-4:. w `�.,«,n
- •�- ,.Cvwr..a,-+n4 1
t . " t
• j
s� (n„- JAN 13 1959 ,.t
Recorded at./o'clock._ hair: ... __. .._ .L__r.1'l4•_ __r1( •j
v r
Reception No.. _l.ti.::/.r)J .. .4;"".�.w t ....... _ 1
Recorder. Strap t 1
KNOW ALL)1IEN BYTHESEPRESENTS, That we, D. WILSON 1:
McCARTY and N. G. MCCARTY, of the County of
Boulder and State of Colorado, and iiriEN M. i
FICKEL, formerly Helen F. McCarty, f )
of the County of Lorimer ,and state of Colorado, i' 1
r, for the ennddernll.m of ONE DOLLAR,
i
ebYrR- k
b e
I In hand paid.hereby.ell and convey to D. WILSON McCARTY, i 1 t
M :1. G. McCARTY, and NdLlN M. FICKr1., i
+ of the County of Boulder ,and State of Colorado,the following real
r property.situate In the County of Weld, and State of Colorado.to-wit: 1 .
.`h. I •
u lll The southwest quarter (SL:.),---the south half (C:) of the oorthwrst.
• ,1 quarter (NW ,),' time southwest quarter (S{.4•) of toe northwest quarter :i .4
..1-9,..: (N3•.), the northwest quarter (lilt?' ) of the southeast quarter (84 ) and �i
p ‘ the south half (8') of toe southeast quarter (Sd' ) or section thirty
` t (30) and the northwest quarter (NW' ) of section thirty-ono (31), all
3 n Ln township four (4) uortn ;, o, of rane sixty-Soya (btut:!) west of t Ott, .
8 .f YeM„ contalnini, in all fly*: hl:ndred si:A:: (Sid') •tr Ca S, mo r.: or 1.•s::; '
in ` (exenl•t inD from said section 31, "`7 innir L.tk•• R ,..•runir" an conveyed '
:t to John t:. air; 2nback I,- d•:.•d r •curd:•d is boor. it, •a pat,. 4O1, of the '
records of ..::1d Count :. Colorado; .Did ••sc.•'•ti 1 .. t r.:rr of Lola entit..i n-
LID; appl'nxi.matt l.y s.•w_n -Ind I oat'-t':nips (1.6) •,crr:: cnnvr .•d to inun :..
I
.leuitt :Ind Charl.c'y . p:wilt by warrant) d.:.•t1 dated .r•,r...lt'' I doll,
and recorded Ln honk 20, at p:e;: '3/, of t• ' r.•eorus m.. { old Coma: , I
Colorado; also cxcvptiu;, .I su'ip or p.n'c••1 am land ,oaO." :'d to : 't
,Northern Construction Cnl:ap:nl> Ii. IT;d`rraat•. d•• -d Oat. , .',:'' tr. ' 1:, .
;1x05, and recorded ix t,unl. 73, at 1'•. \'.,• 243, co I. • l',•rat u:. o. ....-to Cot m)t• ,
Colorado: and also exc_y.tinp„ Ire-I, said. sstion 3 - t t t i,. .•r ,•..re -L t
land conveyed to The Northern .CunsLruct ion Conpostr, b t;arr••nt . decd
dated February 1•,tn, I7w5, and r.•corded in boot 73, at pa • 24::, of tlnj
'records of Weld Count'-, Colorado); but to. rGl,r ei.t.l all ditc.l and watthr
ri1;ilts appertainlnl: to sltltl !wind s:s, includiny 't Snaros of for capital
is lock Of Tile il1Gill•tnd Dira Conpany and 21.'• snares et, toe car•it.ml stock
lot Th.. Farmers t•:atens Lon Ditch Compare., also ail ri: ht, tit L,• and in- I
•
I Cutest oh Cu , !!,L'.I lttUl's in and to a cur t•I i❑ t'':"'rvui.r, •n'int i Ii-'3 anti
truer violins, Iototat as Lie "hilI Rcscrvoi r", said res••rvolt' a.iv iu;
pr1orit) ; o. 4, as um time first .L , -. :1.hrn.u":, l.,/'7.
with nil It,apyorteoanrey and w.rnnt the title to the arm.••subject to
I
, 1
5,gnett and delivered tide l/t'•. day of 0.'c t•.lite t' .A.11.t^ �;,• j/in d X-2_Aar.J d�44c r ISKAl.l
n the prownre of I y
1[,y (�
Ii (SEAL)
..I Mci,.a •
eL s.�iI 1
_ _ IS(SEAL) !
formed>. A/t1_.0 M V1c''..-.-T'C
STATE OF COLORADO )m (Si
\I.)
County of Boulder,
I
17th day of December, I '
The foregoing Instrument was acknowledged before rM tidoC.
tp58 , be D. l.1LSON Mc CABTY, :I. G. YcCABT1', and Li..:_: M. I ICi:::L, Iorme Cly
•
These ap hand and official teal . :LiL,i.C P. i:c G\::Tl'. •
Mj t.tmialonupirn July 22nd, 1959. a
i
1 //A<N/ C!
1 li N rn\I Ty`•IYrel Pr+•'n nrt--MM y-,•I• :rt.'
ANT+M^^YMe e,. �..n11m a1•�nV Yl♦ •rl,• nr�� '"
I e.T. v` :.. r I Itw'o -.._ „_,eJ.wgint ..e...,,.c^.. .I..o. ..
.r"n..l tMnu••nl teal."' e/e n""''er:Prt.' Nee nntin id I,teery.nml m.vy
Y
Todd HodgesDesign,
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F . E . M . A. Community — Panel 080266 0750 C
Pt . SW % Section 30-04-67 $ Pt . NW % Section 3 1 -04-67
2412 Denby Ct • Fort Collins, Colorado 80526 • (970) 207-0272 •fax (561) 828-8059
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USDA Soil Conservation Service Soil Survey of Weld County, Colorado
Southern Part -- Sheet Number 13
Pt . 5W 1/4 Section 30-04 -67 $ NW 1/4 Section 3 I -04 - 67
2412 Denby Ct. • Fort Collins, Colorado 80526 • (970) 207-0272 •fax (561) 828-8059
email: toddhodgesdesign@earthlink.net
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134.5 acres ;
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Site Map — Pt. SW % 30-04-67 it Pt. NW 1/4 31 -04-67
RE-2838 & SE-840
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Site Map
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RE-2840
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Site Map RE-2841
Pt. E V2 30-04-67
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Site Map RE-2842
Pt. SW % 30-04-67 4 Pt. NW % 3 I -04-67
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CORRECTED RECORDED EXEMPTION NO. 1059-30-3-RE-2838 RT10 COMITY Pi MINIM:[FRV:2HITES• [ RTPTIl- °'"-RF-P818
B
`)All proposed of existing structures wit met the M6[n setback and offset requirements A tract of land toca<ed N the Southwest One-garter(SV 1/4)of Section Tnbty(31.Township Four
PART OF SW 1/4 SEC. 30, PART OF NW 1/4 SEC. 31, T. 4 N., R. 87 W., 8 P.M. In thei district 7o go- e,the tpropertyq"located.SetbackIe nt to free the setback pa Ngrth.Reg.Sixty-seven(67)West of w 6th h 9peI Meriden. mty,Colorado being were
t-of-ld me •^te ear<INOr1Y described am
[No biking or structure,as defined one Meted to those occupancies listed es Groups A.B. Consider the south Ire of the Southwst°b-0.nrter(SW 1/4)of said Seater Tarty(30)to bear
t>IV E,it,1,0 and R in Table 3-6 of the 1997 µthorn Building Code.shell he co•ul/ucted with North g8'8.25'Ve•t.are NI bear
A�2 40 II - C 1/4 CORNER SEC 30 a 200-foot radile of mbearings contained heron being relative thereto,
�, r tank tottery or 150-foot radius of onY MIFm1 My constriction
NOT END TI SET within a 2W-foot radius of any tone battery or 130-amt radus of any m11Md shall rep , BeebSop at the Southwest(SW)Comer of sod Section Tybt3(3NI thence Nap the westerly µe of
V 1/4 CAR a{C a 52582.610'E - IN CULTIVATION 0 wrp n the terms of the ordnance,pursuant to the Veld Canty Zmstp Ordinance. the SobMm•t Ore-Pnraer(SW 1/4)or sae Section Thirty(30),North 00•ev]0'Vest,1OM34 feet to
END 2' ALUM CAP ' .'w 2581.69' _..= ,I�Ip 2)Any future'<met res or uses on site rust Mbin the npvapeate zoning and buldng permits, <M True Point a1 Bepnn'wpI thence,(tab South 8)•47119'Cast,66395 feet:thesrce along a curve
IN RANGE BO% I; ;;nt' IaIIIIW�IIIIBIos IUYIIMVIlYl1IflR INI 3)Prior to the release of buildN to the right et which38-2 has a centwl angle of]a•po'int n theaw or thePof feet.and the mead of
er
PLS 10945 - -'Vtp perntz.the.,evidence
rm Me guar yen be re sots s bears North p026'}}Vlue 110172 feet t0 a melt m the west of the lose One-Quarter
II IIFI 611040] 5111'2032 11:� U&NTAYYdo to to the Department of Planning devices.eNbnce that the lots hem on adequate weer of mil Section thkey(NI;thence,(L9),Sarin OPOYy'Eaat,BTi.96 feet to the true Point of SeFPie..
sWNY of sufficient se of quantity and d, opilty.
ico
1 a 1 R 10.N 0100 WNOCMbN CO de to the rte lot of Veldt°genets,the epOlHant dill be rehired to sleet a recorded The above-described tract Catty Roo amee,we w less.KedNp rights-of-way Neap the westerly
I I✓' deed Prior
the lot man own the h deed shall
is requested with tn.Oaths]pest the of mid tract for Wed Canty Road 13,end Is sublet,to rights-of-MY OG MY m.eTH1 u 0s
5881121061E LEGEND E exemption
edpa application oThe eg&description on such shall include the lot designation and recorded recorded h the records of Vide Canty
2085.16' • ,�L„ pwreiroi-18T 9-Rr-90.'®
NN'04'30'V '-111(_' SECTION CORNER 5)proposed noxious weeds exist on the property.or become p.established as e',wont t the
1 I eeds, tl uoed to ,the afpl6ant/IOMowner Mall be re•pn e for controlling tie noxious cA tract of toed located N the Nor-Must 6he 0th ter MV 1/a)of. 1MtY-ae(]I),heh,gTownship.fan
327.12' ))sA0 pursuant Ordnance 0040 169-P d)North.Range Sixty-seven(67)Vest of the 6th Princlml ieryon,Weld[deity.Colorado bYq nom
II - 6)Abdvlzf o Exemption a was opproved n conjunction NM this recorded enenp<Im for the N"icethly descrl d av
[�C 1/16 6 1/4 CORNER purpose of evie g off a second set of exbteg nybvenents Fro, parcel.
II No's, ht'ehe north or or(he Northeast Odehwartm(Nor vt)of held seaabn Teety-one(31)to Mar
I✓ SET 400. 5 REBAR M/ 7)Recorded theRecorded Exemptions on process Approval
properties may raise Recordedhe haw of o does so with the stmt ryprM N'28'25Nes<,entl all brorl,ps con<eMtl Fereq 0Nry rHo<M tMrelp
1 tip" • 2' ALUM CAP of e oof fuee op Exemption process,Apyent of rtlt Exxgtkn toes not y.rontee
PLS 9644 8)My proposed ore appika<bhe ce mA=me oecoo me b t tr.e vest 04 feet oho ry vn cmhen or told seatim iM<yo.e<3):berm aim.
II II 8 8)M tt subdbonhe`iealedddevelupeer.nt um`scale bsfrthis
c r indeed Exmptan my be North N'n paved,4814 feet along the west Ion of w Northwest One-Quarter of sold Section to Thirty-Cm
el y be ahead. (3t to a poet m the northwesterly nights-of-war line of the Great Western Railroad ono the true Pmt
RE-203A 0 FND 2' ALUM CAP considered of se to
the thence abed the t 0 central
rB its-a-my Lie of the Greet Western Railroad along a
II II n LOT•A• PLS 9644 9)WELD COUNTY'S RIGHT 10 EARN veld Canty h one of the root productive orytcult[eal counties of 50 left North 575' Ms a oMral mole of E4'IB'41 a radius of 146179 am the chord
N _ in s anted SCount retina open in she mvs.0 tvalue ore agricultural prod/ate ed sole The naval f which bearstcu to 21.08tbt 615.36 het:thence,North W56'33'Cost,162613 feet:thence
4'97± AC 60.00 FOOT INGRESS anus of Weld Canty my be open and sgnize and accept they a 00'e*ly used for agriculture. 042), the Great Vutern 60560Rollroedfrig/-tthence, ,(-11).South 67.22'26'Vaz0 37527 fee thence.
II III AND EGRESS EASEMENT j, —%--%— FENCE Persons moving Into real are.rose eo opd a il mere ore tea,,so to hcludeg cmnmkz x12),South 08Oe59'Vest,60.81 feet thence,(LI3),South 67•l4'b'Vest,22889 hat thence.
ACROSS LOT C, RE-2838 6_ with longstanding eboobc op-Cultural the
incentives
e al practices a.4 lower level of services than n town.Mang with 0_141,South 96'06'C6vest,12723 Peet thence,x13),South 63V3'I-Cede c 109.82 feet to a pant m
D II the drawbacks cone he Ircm ea which etemct urban Metes to relocate to rural area•men the mot line of the N rthms O e-Patter of me Section TNrtywO a(L):therm South N'N'48'Eaze,
LI IN FAVOR OF SE-840 ry .•/- vews,,Withosness.melfe,tack of city noise and congestion,and the rural rs to''lape shah my 1228.71 feet to the True Pont of Bayowg.
L20 2 AND LOT A,RE-2838
II / of e. tout neighboring k beg turns.MOW p.`Ma Mina attract urban boners al Weld
AG. ACCESS-----15 OIL / County.odd prickly pone Forever. The hbaaewecreed tract,mt.ns x1.0 eve m less,Nght. ryFts-oflay along the westerly
1 - / users pr the a of said<root m Veld Canty Road 13,and is subject to rights-of-way a by now exist or as recorded
7 TPNK Ay'kMturol uu lend should use be to Change MO'longmseahhed olykWtval n the records of Weld County.
L3 / / practices t0 accommodate the intrusions of n atone into oral area.Well agricultural
14 II II L4 RE-28SO tivitws 1 generate o f-GIte nmct.'4.41.4.45 wlee rtah tracto-[and ewwntl low to p 111.1O:oelm-l 2 -
M m ''4 6 / / Pam vehicles m rurN roads:Mt Cron*Mal pens PINE work.harvest,and 1 made odor f ea 1.-
II II Oil LOT•C• Cron mind confinement doge,and manure smoke from etch bnmge fine and w4Mesi the use
�n' L5 133.81± j of gestates OMt fertilizers in the fides,IndlNbg the use of Oergl spraying Neches and A tract of lard located n the Southwest One-Quarter(SR 1/4)of Section T16'ty 130)and the Northwest
c 1.1,E .^%/' ACRES [ sway b novel'v0[or the my of resusen t development ngnut threatening the-6 after MV 1/4)of Section Thirty-One<30,Iow,a'a Foes(4)North,Rope Sixty-seven(67)Vest of
U N I II ad,p"^0 SE-840 i / the efficient delivery of Entailer fields which is essentbl to tarn of hefIm 6th PnYthe Meridian.weld Nortunty,hwest
Let Meado being e.ve Po0/42 of
y described•p
II 11 a,�i G) ACRES / Sect..35-15-102.CR3.,provides trot an aviculture,operation0 shall not be hued to be opWk C 0Og the north Woe of the Northwest Oil-ewrM MV 1/b oI sold Section Thirty-One(31)to bear
g[,/,o / or ce a Nmna if thearka its-al operation alleged to be o .wane eplors methods North N'2azs•veG1,and all bmrwega centavo,heron*log.dati•..thereto,
II II practices that ore coma y reasonably associated <h agricultural production..
I` Veld Canty corers o land arms of over 4.000 Square eaes n Size<twice the State of Delaware) le:r.1 a el the S htem t($N CCr;of
>he Rolm Tarte Tv':make North OP°4'JO'Ve•yt
25-t '30 �.. with more than 3.740,.Yes or scab and caner ream mbee or...acpauba.The meet magnitude
INd 34 feet N 1M ease r47 or 1M$a•rtnwese i tl'eeertm(Sv 1/b or zoe Seaton Trrtr(340 to a
II II' 'q 1/4 CORNER SEC 30 & 31 aft•bra t0 6 emvea s«tMhes awzowe,.sands Law enrmc,het<b eased de reePaeee pant thence,( South dT47'I92asl,68395 f4t thence,along a or to the tar «2)which
INC 3 1/2' ALUM N88'28'23'V 2580,34' ... / ENO 3 1/4 ALUM CAP t has acentral angle of]8'44.08',a radn of 166070 feet em the th rd of Mars
LS 7242, 1998 eeeMentG pre sew m m«d>of[M catty bntl SM1e dioramas whcF b trovNetl myu usual'',
y North 2b$3•Veet 11002 feet o h pmt the west We of Southwest One-Garter of said Section
CAP IN RANGE BOX j oN ewe d by y respw.aes.inducingIto enforcenmt.o,buloMe.OM Me Me peergenn N Y Thirty(3Ne then d west Ie of Sw One-thwarter of sold Section thirty(DT.
LS 10855. 2000 • , ProWae 0Y volunteers sea rust leave their leas and fames to respond to e^erYme•.County North 00.06.30pat 327.12 feet to a pant thence,South B6.12662ost 2085]4 feet thence,
36 11 II 31 p /' gravel reeds,m natter hew often they ems bladed.MI not red for<se sane kin of surface South N•16.22'E•st thence feet theto northwesterly pd.t te W m.ts-of-My r Meet
nj rPocbs hw a phone rind Stow everal a ay after Ma<rmtls how vbays a ft u Vathrn RO222 6 Nap apont he Great
Western
lineemn Railroad
s-CR MYig t Of the Railroad,
b / arterials s <M alt for several ear odor not cleared Ntseveral Mire after h Jar South 32'56'33'Vat,140180 feet,thence leaving the Great Western Railro fet sheet-uy (LID,
II I_ h rows Wn Stow r wvol for ream Met the hoot an•au ei the lout pNe'HY w pink South tree26Nat 37527 hat therm,(L12),South 69']4'59'Vut 6N.N :thence.(L13),
AO/ j r m be the private re•mnsibeity ofhomeowners.Services rural n town case, South 6714.0B'Vest 2NA9 feet,thence,(LH%South t lee of e•t 127.23 feet thence.ee-(N
11 11 a 6 self rot be eimealeM to emitted metes gaol abetters must by necessity,be.se $ouM 6Secti thirty-One
IOR02 feet to h m the west IM Of the to t One-Quarter of 0e(NV 1/e
j VCR 42 *ee,ore
then urban melba. of sold Section TNrty-One(31):thence North 00'N'483ent.137441 feet the Pont<of Beginning.
If 11= Fore en ere era to eldfe/M0 hazards a the Gantry than in on•ctten or wer, paps
-xs0-
EC $60'EXTENSION / enter-n<aa se weld rpgh she gold[and fd awe' tlne,ctl electrical power for tyros (4LvMlp a mrcN of IoM in 67)Net the hthere,(SW 1/d)of deCo Thirty ore heb'g for
11 3 O UM EASEMENT IO / andmcenter pivot r tens,hgh speed traf4,send burs,pucture vines,activities
s is
orbis forn dogs. North,Range wary-seam(67)vat of ben hekphl xeraat,Weld County,Colored,bag more
. 6 NO DOCUMENTATION 0TATIUi i . T' d N' and livest he present reel threats to chloec Controlling CMban's oelhoods k ore not PorticderlY descrbed as.
ii ii e SEE NOTE 0 _ LOT 'A' ronly esponsible
for their safety but also for the protection of the hnxr'z livelihood. Parents ore
N nm#e for their children. betnne°tat a(SW)peott ch the south easement b 301 eghee-oI say Me of Lot C RE 2830 thence the
CliT 1 11 •
re n Section Thirty QM beers South 3211111'Ve[t 100970 feet thence.
x10.South e]vN19tost.15827 feet,thence,
_ Southwest/ SE-040 j2RVEYOR KAYO x21 South 50'41'2220st 4649 Feet:thence,
a 11 11 z L14 /` L3) North 98warEast Ilem Peet:theme,
K t MI recorded easements and t•-oi-we Mu.w!Men researched b sheen on ,South 0TN'N'Eat 22626 Imt thence.
11 II 25 e is this pat.The easements and/ar rights-of-way Mich may be shown hereon my not be comet,, x61.South 8760,1 Vest.26321 Peet hence,
30 29 ore bored m general nrumebn,and are to be used aM in this context.The dent del not a6).Myth 09514YVese,16594 feet thence,
II 1� L13 r9 /a 36 .1 rawest easements and/or rheas-of-way be shown an beyond trine mntaFntl on the dot an,North 00'dY°9'Wezt note feet to the Print of 6eplmng
,}e •
j , VCR 40 31 32 2)MI references b boats,pages,naps anal reception roofs are yak*outvote on nil The above descries parcel of land contain 1.75 acres eve or less,ord Is subject to rghts-of-eaY
II L15 rd' j' /� o the Clerk and Recorders Orrice of vela Canty,State of Colorado unless stated otherwise. a /er easements of record as recorded ma/or as now exist.
30.00 FOOT INGRESS _ \ _ 3)NOTICE,According to Colorado taw,you.rust cmhence any Lpel•aeonn dares agar any defect The above-described tract contain 03101 acres.more or less,hcl r
11 n ry tar tea ver wtin rum years after nrst discover such defect.In no went m map rgnt.-o soy hlmg<n..eeterly
EXISTING - RE-2828 A / AND EGRESS EASEMENT N a m re upon enY defect n ton s you
be cow.ked none then tee Mars from three any
Fide of said treat for vela Canty Road 13,eel h subject to rights-of-way a ear m•exist or as recorded
11 A i ACROSS LOT B, RE-2038 In j of thecertification shown harem(1]-80-H5 CRS].ales and Associates,Inc.and/or the records of Veld Canty.
AG.ACCESS LOT•E• 3
21,82± A' IN FAVOR OF LOT B,RE-2842 LOT 'B' Kenneth R.Mies will not be None for more than the cost of tea purvey and then our to w
ki 111 w ACRES / Client otrunee shown hereon or n w Re by eighth lt client
Accpbinke oM/m use he easement
o[fo rlghifilt ROAR RIM0.005-VPi f,RIIFTfPIF
j thew ns«men<ion any purpose constitutes agreement by the Nent too tern stated M easement oh/So rghesvr-wy. over.and across Lot C.RE-2036.Said ehsmoot bon/m rl.Ms-of-my
5 110 / 4)9030 Is located in the Southwest O e-Orrmf <SW 1/4)of Col The<r(]N,Township Fan(4)North,Range
BASIS Of ZMN,L Considering the south lit of the Southwest Do est. r 4V 1/4)of soy ISSixty-Seven(67)West of the 6th C,N Nerean,Weld Canty,Colorado.Saki easement anal/or
8 11 11 oN ` u Section',hely 0801, to tae(4)North,Range est.-]wen<675 vest,6 Px,County of with b for noes[/egress across Lot a RE-2830,n won of Lot A,RE-2838 owe 5E-0th,located 0o feet
OD - Ii — /`�10 ROV a Vela,State of Colorado.to bear North 80'28zs'Vat,between.me ent.as shown on the • to and cmlghe p well the south lb of Lot A,RE-2838 and located 6020 feet north,east Bed
11 II H PAGE 73 plat,and all bearings contained hereon being relative thereto. contiguous with the mum and ease lb of SC-a0,
CO PAGE 242 36 31Ong the exterior of the section shown are M easement and/or r ss lotSadCu 0 11 / 248'C NORTH SEC TRUE 31 32 5)The redo the-.ray for the ream shown hl Southwest Me too m,ever,4) f Seet lot h-yE<3B]a Township asmmt and/or rights-of-my Inc
OF documented t the sods within
of Weld County,Colorado h say 26.Popes 273 and 274.toted Sepee located n the t the t the-Owner 1$V 1/e of Spatted Thirty(340,lomMp fan(4)North,s-a-Sixty-
/ POSITION, 3 1/d' ALUM 1 6 6 5 18/12/1809.Actual roods within the rights-or-my shown nay or may me exist. wan 67)Vest of 6th Principe Medan.WMd Contr.Colorado Said easement encl or rant•-of-my is
4t CAP,LS 7242. 099D o for ha-no/egress across Lot B.RE-2838,n favor e0 Lee L RE-2842,and located 31 feet south and
�/ 6e This Ionel beery Piet Is only valid if print Ids the(Hideo,ail 1 and stratum of the surveyor contiguous with south Me oil Lot B,RE-2838.for INO feet Theme along the centerline of said eosenene,
o -; II`. LOCATION MAP reap,. `south 59.3'15'Ease,200.00 feet
o LIO J SCALE: NTS 71 Centerline or the Farmers Extension Ditch was taken from boundary ere Improvement three)" OVFfR•[6weoVM
F1/4 CORNER A1'• 408 602,65' pot CR Noore Lona Surveyeg,Jon le.41-N,Agri 10,not/ TEND 2 1/2' ALUM • 2612.65' I Ole%the undersigned,ed,being the sole owners M fee of the above de•crbed wealth)of land do hereby
J CAP IN RANGE BOX 11 11 C 1/4 COR, SEC 31 the A the sane as shown on the attached nap Ole)understand that this awaits',1•located eMn
J LS 12374, 199$ pww,,,N.r,,, the'P'.by secnhN,w district end is oleo intended to pre he W.veto for the cord."of other lees,
30'RRO BEAR TABLE CUT ISVA, D FIE IN and uses by specialanew.I ode),do hereby dedicate, es the benefit of the tract(s)Yawn or descried
m +�lr 60' ROV LINE BEARING LENGTH CULTIVATED FIELD I,Kenneth R.Mlec.o Registered Professional t oily Lowe Surveyor a the State of Colorado do hereby rem,ea is and/or.gists-or-ear for the yams..shown m descnbed"rem
LI S07m47'19'E 159.27' certify that ton and the survey thereof was prepared of nary personal
fi 11 Imo- [•p.wveen,anaehade≤i aesmbtlm d m pres fn he-a of the Sinvey 1 furthew /4J li
Sy RESERVATION L2 S30'41'22'E d6A9• n` t h.e survey end this pad Rion"�Ior s`ami Etp.e `emas one aon�,a 4; 5rroLTr Fa a.1 Sr— -- -- ' r� U
U III IIf'lN' RESERVATION Me Sfab ni[alvem,ekan p0entl s smut fill,DC-STEVE$HCIE
L3 N90'N'00'E 118.80' Land Sou esti t at 1ne e
3 Il II L4 S00me0'80'E 226,26' �i a a`ro = en` h Y �'-pRY p y,bs '
¢ L5 S87.00'55'V 283.21' ee L �// yo ,6Z14 4fr z *M aeedasforegdm cme �.-6ra4,�eri• ear or:Tithe Pu.,zooeL.
L6 4009'55'42'V !6594' Netmem R.MLe mmado PLS u ,..),,t,..,:,::
z z o e Dotr Ny CB.ei[abn Fete
Y J /L7 NBU'45'19 C 113,12' \'P ��
S L8 SBT6T19'E 68395• ' o?r NetarY Pwlt. 6�[1y f /�L .0 /�
L9 500'04'30'E 835.96' 1. -` L Votress my Hand one Seel /L1RN(gv. -
N LID NOO°05'48'V 48.14' -
h- L11 567.22'26'W 375,27' Banes
51 L12 668'34'59,V 602.81'
2 This tie p btl and oppovetl
m L14 S5'06'26'V 12723' /w
L14 S56'06'26'W 12723' c6" •o �- 3'3'momat
i L15 $63'n3.18'V 109.82' o , T cone INI Mt.
SCALE. w ,N, CORRECTED PLAT ATTEST. . ` 7CO "
o CURVE TABLE Weld imty Clerk avow Beard -.,,
.PART AF SW 1/4, SECTION 30 / •
CURVE LENGTH RADIUS DELTA 'TANGENT CD LC PART OF NV 1/4, SECTION 31 By/CAA- ,00'ewe ,,• '�� /-23-0 to
' Cl 620.00 1461,19 24'18'41' 314.74 N45'01'09'E 615.36 Deputy aeon to the Board Dote
C2 1122.27 1660,00 38'44'08' 583.53 N38'26'33'V 1101.02 VELD COUNTY, COLORADO
SHEET NO. 1 OF 1
,DATE REVISIONS BY CND ALLIS AMC ASSOCIATES,/MC. ORRECTED RECORDED EXEMPTION RE-8888
B/10/01 1 HAN4cp LOC 110 ENcE, pRcH l pip T IN IKAKRA axe 40 z40D SIT,a supE.COBceas Drawn by:mtl— Date' A7/13/01 SHULTZ FARM, INC.SRC
vin/a m h� �p7D` A dCTr �1,,fef�S/ NANGLu PIMP@1r LINES,fNAjcRA 21473 VCR 19 PART SW V4 BCC. 80, PART OF NMI 1/1 81C. 87
ATL it oU 140E TELE, (970)284-9562 Checked: RAA Approved: KRA MILLIKEN, CO80543
FAX: (970)284-9584 T. 4 N., R.67 M1.e 0 P.M., WELD COUNTY, COLORADO
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