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HomeMy WebLinkAbout800771.tiff a t\ RESOLUTION RE: APPROVAL OF AMENDMENT TO RECORDED EXEMPTION NO. 260 - LOUIS J. BRIGHT 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 has approved Recorded Exemption No. 260 for Louis J. Brighi concerning property described as part of the Southeast Quarter of Section 15, Township 5 North, Range 66 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, Louis J. Brighi has requested that Recorded Exemp- tion No. 260 be amended by decreasing the size of Lot A from 6 . 207 acres to 5. 000 acres . Lot B would increase from 2. 119 acres to 3. 146 acres, and WHEREAS, the Board of County Commissioners has studied said request to amend Recorded Exemption No. 260 and deems it advisable to approve the amendment. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the hereinabove amend- ment to Recorded Exemption No. 260 for Louis J. Brighi be, and hereby is, approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of July, A.D. ,� 1980. `� BOARD OF COUNTY COMMISSIONERS ATTEST: / y WELD COUNTY, _COLORADO ,/ Weld County erk and Recorder(may T44AAAf "" tty (Aye) and Cie" to the Board C. W. Kifby, Chairman BY=-?).2,f' Y)% etistaAd- P+4. (Aye) / Deputy County Clerk eonard L. Roe, Pro-Tem APPROVED-AS--TO FO : / - �//►�c{�ro�+. (Aye) Norman Carlson County Attorney d�n �Aye) Ly 1 unbar Gc,7zei /ay �I,.�ye) June K. Steinmark 800771 DATE PRESENTED: JULY 23, 1980 " 4 FD RECORDED EXEMPTION No 0959 - 4 -4- RE260 -Are: 756.48' S.89'30.45"E. - 273.59' -«� �� 482. 89' • 2�� LOT B LOT ,q 3. /46Aerest e S.000 acres? a°o QNL'.R 3SaaRo,9D (/NC.0.383ROR0 R.O.W) a•c2, J50.0' A/.83'190OW /`� 7t7TAL ACRES Nerzsboww „079 r tor B=8_/46 n� h 0o O TROE Psrvr moo'/•✓f,/Rote - '4,c) _.94C6 Lor —_ 783 96' ° N89°29roo'ir.263.Hoy � 423.ZS' \p MAP*, Qy.1 2 415.6.T8 N..d9°29'Oo'w. _.CC err //7!, �/ /j No.E{ ZS AV Mai R?/NT Abate U. S. Ai 3T DEBTS/NA/0G LOT S4'_ .. N06'.?090E PLVNTOFBEG/AWN state /'=ZOO' SE CO,.SEC.4 T5N,RCS • - P.>, foam/ • - Pin.Sef a OWNER: LOu/s J. �. ..� ?` /30o ?ALOHA'"? DR/ye. CREEL(); COLORADO :.. does/ frLLJ' J A4'Co'E b GOT Q' LOT;p" • "s Hwr A c cr/er V/CINIT y ,HAP geese Sy, ineer,ix7 76-Pdd • Pew/Odz•77 rer.7ie.yg r77rj RECORDE`� EXEMPTION N° C" 59 -4-4 - RE260 Legal Description Psrt of the Southeast Quarter (SE%) of Section 4, Township 5 North, Range 66 Vest of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: Beginning at the Southeast Corner (SE Cor) of said Section 4 and considering the East line of said SE' as bearing North 06° 30'30" East, with all other bearings contained herein relative thereto; Thence North 06°30'30" East, along said East line, 57.00 feet; Thence North 89° 29'00" West, 783.96 feet to the True Point of Beginning; Thence continuing North 89°29'00" West, 686.78 feet; Thence North 06° 30'30" East, 290.13 feet; Q Thence North 89°29'00" West, 150.00 feet; �� o 4 Thence North 29°22'15" East, 227.16 feet; h� Thence South 89°30'45" East, 756.48 feet; Op • Thence South 00°31'00" West, 190.38 feet; 'Q Thence North 89°29'00" West, 59.61 feet; Thence South 00°31'00" West, 297.50 feet to the True Point of Beginning. Said described parcel of land contains 8.146 acres, more or less, and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. Surveyor's Certificate � ?�; weVi- I hereby certify that this plat was prepared under my supervision ��' ctEat '*t 'r the same is correct to the best of my knowledge a d bel I 4 F. Jasper Fre -•1: s $ Colorado P & L.S. No. 439Tr°: 2;s. Property Owner's Approval I, Louis J. Brighi, being the sole owner in fee of the above described property do hereby subdivide the same as shown on the attached map, i tt ._ S,nuis J.: :Brighi The foregoing certification was acknowledged before me this a7day of 3' '�" 'J A.D., 1979. Witness my hand and seal. v My Commission Expires: (? is _14-i--u -4---- 1 / ,dr3 No ary Public Planning Commission Certificate The accompanying plat is accepted and approved for yf lina,, • .,..1. 4. • jfrs-LG I .Chairman Board of County Commissioners j ATTEST: County Clerk 7t7ftirG,.Z/ By Dated - i • • .•s • DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 Illi C. July 16, 1980 COLORADO t°11° f�1t"ksS19NEIS oci) Board of County Commissioners Weld County, Colorado ,col- 915 915 10th Street �REE�gf• � Greeley, Colorado 80631 Re: Amendment to Recorded Exemption 11260 Dear Commissioners: The attached application, plat and related items are in reference to a request from Louis J. Brighi to amend Recorded Exemption #260. The pro- perty is described as part of the SE%, Section 15, T5N, R66W of the 6th P.M. , Weld County, Colorado. This property is located approximately II mile west of Greeley on the north side of U.S. Highway 34 Business. The property has commercial zoning with a unit development plan. The request is to amend Recorded Exemption #260 by decreasing the size of Lot Afrom6.207 acres to 5.000 acres. Lot B would increase from 2.119 acres to 3.146 acres. The change will delete the portion of the acreage from Lot A, which is not needed to accomodate the size of the existing building and its use. Further, the change will accomodate a better use of the land within Lot B. On November 14, 1979, this request was before the Board of County Commissioners for consideration. The request was continued until such time that the ap- plicant provided evidence that an adequate supply of water would be avail- able to the property. The applicant has recently submitted the necessary evidence to the Department of Planning Services. Based upon the information submitted, the Department of Planning Services Staff recommends approval of this requested amendment for the following reasons. 1. The impact on surrounding land uses would not appear to be any different than the original request which has already been approved. 2. The Greeley Planning Commission has set forth no objections to this request. 3. This request is in compliance with Section 9-4 A. of the Weld County Subdivision Regulations. Respect Chuck Cunliffe Assistant Zoning Administrator • . •--� VWRJ5-Rev. 76 COt_HADO DIVISION OF WATER RESOU. ooC(r` 1 • 818 Centennial Bldg., 1313 Sherman St., Denver,Colorado 0203 CAL`— "' MAY - 41979 Application must PERMIT APPLICATION FORM nun aEsouRC[G be complete where 1X) A PERMIT TO USE GROUND WATER STATE ENGIUEER applicable. Type or ( () A PERMIT TO CONSTRUCT A WELL GOEO. print in BLACK FOR: (X) A PERMIT TO INSTALL A PUMP INK.No overstrikes / es unless ( ) REPLACEMENT FOR NO. ( IOTHER WATER COURT CASE NO. LICANT - mailing address FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN �ou� S-/y�s / Receipt No. 3 5/Seo i/&Jro'{" l',*'° Basin Dist. CITY &hoe/i y (C) c'/d s( -- (State) (Zip) CONDITIONS OF APPROVAL TELEPHONE NO. 071:-.9 — 3-7-- --9/ This well shall be used in such a way as to cause no material injury to existing water rights. The (2) LOCATION OF PROPOSED WELL issuance of the permit does not assure the applicant that no injury will occur to another vested water / right or preclude another owner of a vested water M70 County `O right from seeking relief in a civil court action. Sir 4 of the S.r 'A,Section 'K gP IVED EO 2 HOUSEHOLD USE ONLY, FOR ONE Twp. 0 ,g, ling. r", 4 P M ilI SINGLE FAMILY DWELLING AND NOT TO BE IN,S) (E W) USED FOR IRRIGATION, THE RETURN FLOW FROM (3) WATER USE AND WELL DATA THE USE OF THIS WELL MUST BE RETURNED '10 THE SAME STREAM SYSTEM iN WHICH THE WELL p J� TS (' t LOCATED. `1 1 Proposed maximum pumping rate (gpm) Average annual amount of ground water / AMENDED TO DRINKING AND SAN ITARY FAC IL IT I ES ONLY to be appropriated (acre-feet): IN AN IND IV IDUAL COMMERC IAL BUS INESS, Number of acres to be irrigated: OAVERAGE DAILY APPROPRIATION FROM THIS WELL SHALL Proposed total depth (feet): /a C) NOT EXCEED 300 GALLONS.x € —% yfrt..) Aquifer ground water is to be obtained from: SO,H s 7vrr Owner's well designation GROUND WATER TO BE USED FOR: (X) HOUSEHOLD USE ONLY - no irrigation (0) • 1 1 DOMESTIC (1) ( ) INDUSTRIAL (5) ( ) LIVESTOCK (2) ( ) IRRIGATION (6) ( 1 COMMERCIAL (4) ( ) MUNICIPAL (8) ( I OTHER (9) APPLICATION APPROVED - DETAIL THE USE ON BACK IN (11) 109139 PERMIT NUMBER (4) DRILLER AUG 011979 DATE ISSUED Q Name `142A-37/4 L//,p/O //e EXPIRATION �pTE AUGj Q1 ,901 Street ' /e`-'a! 5> /�� i'C5S-97/ NO lb, w� ' ,r City V 3-tat de) Oilo3� ,� • G ► 1� $t V If/i. _Y (State) (Zip) f)�- �;1�� /' Telephone No. - an /e Lic. No. S�i7� BY / I.D. F03 COUNTY 62 Ines, (5) THE LOCATION OF THE : ,OPOSED WELL and the area on (6) T, 'NELL MUST BE LOCATED R!_ r l',' • which the water will be used must be indicated on the diagram below. by distances from section lines, Use the CENTER SECTION (1 section, 640 acres) for the well location, // + — —h. — + — + — 4- -- 4. ��� ft. from �C sec,limy --�— — —)— — (north or south) utn) .4—1 MILE,5280 FEET1 j /8/ ` ft. from 4��( sec,line II I (east or west) t + T + + + + + 1 LOT BLOCK FILING # NORTH SECTION LINE l _ ,+, SUBDIVISION (7) TRACT ON WHICH WELL WILL. RE NORTH II I LOCATED Owner:761(4S ;Oh//? —I— i z— — T — — — T — > + ± No. of acres . Will this he J CO 1 I pcn Y I m the only well on this tract? EIS 1 I I 0 - -JE y 55 (8) PROPOSED CASING PROGRAM y r Plain Casing 3_ _ _{- _ - - -I- 2 - _m + z1/4.1-.) (( r:, in. from 6 ft. to_ lL_ft. tI I x I in. from ft. to ft. + — + - I _ �_ — _L Perforated casing "' SOUTH SECTION LINE _in. from //l/ ft.to .47.5t1 _ ft. t1 -I -- -}- -F- -}- -4- + 4 L + in. from ft. to ft. r 3' (9) FOR REPLACEMENT WELLS give distance and direction from old well and plans for plugging — 4 — + — + — + — + — -)-- — +. — 4 it: The scale of the diagram is 2 inches= 1 mile Each small square represents 40 acres. WATER EQUIVALENTS TABLE (Rounded Figures) 'An acre-foot covers 1 acre of land 1 foot deep 1'cubic foot per second lcfsl . . .449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. • , _ 1 acre-foot . . .43,560 cubic feet . . .325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (10) (..AND ON WHICH GROUND/ WATER WILL BE USED: Owner(s): /die Er'��l// sit/. d No. of acres: 2. J/ / Legal description: o-2 oWt°S /s1 4 s///°f SE XI SItae y %-O /17 �p "" e PM (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal • system to be used. /� ,� rr//7A(/1 /19 a Pr' v. �c 'T%/-OOl! //-St', t�rA/F sr/cove %a' .-4c /Oror &/[h7'j h% (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. • T e or right Used for (purpose) Description of land on which used dna' • (13) THgAPPLICANT( STATE(S) THAT T INFORMATION SET FORTH HEREON IS T, E TO THE OF HIS KNO • • SIGNATURE APPL IS1 '1 i Use additional sheets of paper if more space is required. 5 ' w e^9 a� T r .s.Rev: 76 CC 'RADO DIVISION OF WATER RESO' :ES • '818 Centennial Bldg., 1313 Sherman St., Denver, Colorauo 80203 rt- 0 I;!I PERMIT APPLICATION FORM_ lication must -omplete whereV(1APERMITTOUSEGROUNDWATERicable. Type or (X) A PERMIT TO CONSTRUCT A,WELL cbLn. print in BLACK FOR: (X) A PERMIT TO INSTALL A PUMP INK.No overstrikes or erasures unless ( I REPLACEMENT FOR NO. initialed. ( ) OTHER • WATER COURT CASE NO. 1(1) APPLICANT mailing/ address FOR OFFICE USE ONLY: DO NOT WRITE IN Hie; tan matt NAME /�-Q///S />�` /On /J Receipt No. 77 �� L/ / STREET lea ea / M1%bro//l'P� %..7•A e Basin — Dist. CITY C`� (WS/ CONDITIONS OF APPROVAL (State) (Zip) TELEPHONE NO. 7 M2,1'77 This well shall be used in such a way as to cause no material injury to existing water rights. The (2) LOCATION OF PROPOSED WELL issuance of the permit does not assure the applicant that no injury will occur to another vested water �/J / right or preclude another owner of a vested water County /{1e/d . right from seeking relief in a civil court action. En it, of the St _ '%, Section 7 APPROVED FOR HOUSEHOLD USE ONLY; FOR ONE T wp. �1 _., Rng. fO P.M. (1) SINGLE FAMILY DWELLING AND NOT TO BE w,st -" ie,wi USED FOR IRRIGATION. THE RETURN ELOW FROM (3) WATER USE AND WELL DATA THE USE OF THIS WELL. MUST f3E RETURNED TO THE SAME STREAM SYSTEM IN WHICH THE WELL ?S' LOCATED. Proposed maximum pumping rate (gpm) /3-- fro ASSURE THAT THE RETURN FLOW IS TO BE Average annual amount of ground water -RETURNED TO THE SAME STREAM SYSTEM, AN to be appropriated (acre-feet): / - INDIVIDUAL WASTE-WATER DISPOSAL SYSTEM, Number of acres to be irrigated: 0 WHEN USED, MUST BE OF THE NON•EVAI"Ol A'I'i'vr TYPE. Proposed total depth (feet): /co THE MUNICIPAL OR COUNTY GOVERNMENT Aquifer ground water is to be obtained from: SHALL BE CONSULTED WIEN LOCATING THIS WELL, AND THEIR REGULATIONS • SCAJl0',•S7`/onto SHALL BE COMPLIED WITH. Owner's well designation AMENDED TO DR INKING AND SAN ITARY FAC IL IT IES GROUND WATER TO BE USED FOR: ONLY IN A CHURCH FACILITY. IJII HOUSEHOLD USE ONLY - no irrigation (0) AVERAGE DAILY APPROPRIATION FROM THIS WELL ( 1 DOMESTIC (1) 1 INDUSTRIAL (6) SHALL NOT EXCEED 300 GALLONS. r/ ( I LIVESTOCK (2) ( I IRRIGATION (61 // IsU ( 1 COMMERCIAL (4) ( ) MUNICIPAL (8) 1 1 OTHER (9) APPLICATION APPROVED• �" DETAIL THE USEONBACKIN (11) 88550 PERMIT NUMBER (4) DRILLER FEB 24 '911 /�// t DATE ISSUED 24 /��y ��yq Name �r9) .' I /�j/4'/ /79p ��C EXPI RAT73U.tw ATE F E B �" `°' _ ."- Street /5%.-1---/ 1lp Si i �. $o c 7J7 tbC City Cr�"tae4/ ! (l SVSSI D (STATE ENG NEER / (State) (Zip) BY Telephone No.053"g1Jt Lic. No. -3 I.D. /-__0 j COUNTY 1^ _ (5) THE LOCATION OF THE PROPOSED WELL and the area on (6) THE WELL MIDST BE LOCATED nE1.{717 which the water will be used must be indicated on the diagram below. by distances from section lines. Use the CENTER SECTION (1 section, 640 acres) for the well location. (7. • • + — - — + — + — + — + — -F — 4_ __ 4_ (north or ft. from 00'6¢r� ) ._.sec, ling: or south) • l 1 MILE,5280 FEET (reel(reelft. from �`c�'f='� sec. line (cast or west) 3- -I- -I- + + + -I- -P LOT BLOCK FILING u I i 1 + — I- — _i NORTH SECTION LINEI I I — + _ SUBDIVISION I (7) TRACT ON WHICH/ WELL WILL RE NORTH 1 — _ _ _ _ + t LOCATED Owner/40s g/,/: J-tc≥/ _._ T w_ m //�� / ? No. of acres //FynX Will this be J y p m the only well on this tract? �NS. HI+ ± to ( 6 + (8) PROPOSED CASING PROGRAM CI) I I r Plain Casing O in.from 6 ft. to :512L _fI. I I I % in.from ft. to_ fl. — + - SOUTH SECTION LINE —(- H Perforated casing i -S in. from ft. to— /!k@ _(l. + -I- + + --l- + 4 4- 4- in. from ft. to ft. (9) FOR REPLACEMENT WELLS givcdisIancc I I and direction from old well and plans lot plugging 4. — 'i_ — T — + — + -- + __ -{— _r it: The scale of the diagram is 2 inches= 1 mile Each small square represents 40 acres. WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) . . .449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot . . .43,560 cubic feet . . .325,900 gallons. ---- 1,000 gpm pumped continuously for one day produces 4,42 acre-feet. (10) LAND ON WHICH/GROUND WATER WILL BE USED: Owner(s): IO#///5__��- ��� ,,///`/�// �1/�/ � / ��� / No. of acres: !�p/-G1r. • Legal description: /[.0744 a� 7dlri/v `.c2 /if )72°614'N h'///S £lYJ 1—chill/if 7/(as�--Qez' 7/_irrezt il�ce/:?. (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal/1 system to be used. . 67.71•1 rav»t- //se OR//�, Ottnief -land if %e -0e/./,g4e/%/pnr a1/4/ a�i7/ -7i - ' `—'= (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. ,,Tyyp�e or right Used for (purpose) Description of land on which used (13) TH APPLICANT(S TATE(S) THAT THE INFORMATION SET FORTH HEREON IS E TO THE7OF HIS KNOWLEDD9E. SIGNATU OF AP LIEANT Use additional sheets of paper if more space is required. DEPARTMENT OF PLANNING SERVICES PHONE 1303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 C. COLORADO November 14 , 1979 . 1 ' Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, CO 80631 RE: Amendment to Recorded Exemption #260 Dear Commissioners : The attached application, plat , and related items are in reference to a request from Louis J. Brighi to amend Recorded Exemption #260. The property is described as Pt . SE* Section 15, T5N, R66W of the 6th P.M. , Weld County, Colorado. This property is located approximately 1/2 mile west of Greeley on the north side of U.S. Highway 34 Business. The property has commercial zoning with a unit development plan. The request is to amend Recorded Exemption #260 by decreasing the size of Lot A from 6.207 acres to 5. 000 acres. Lot B would increase from 2. 119 acres to 3 .146 acres. The change will delete the portion of the acreage from Lot A which is not needed to accomodate the size of the existing building and its use. Further, the change will accomodate a better use of the land within Lot B. Based upon the information submitted, the Department of Planning Ser- vices Staff recommends the request be continued until such time that the applicant can provide evidence of the availability of water to the site which will be adequate to supply the property. This evidence is necessary to be in compliance with Section 9-4(4) of the Weld County Subdivision Regulations and the unit development plan. In addition, the Colorado Division of Water Resources has indicated in a letter dated October 18, 1979 that "The water supply for Lot A is not men- tioned. Lot B has a permit for a single household use only well . It does not appear that a dependable, legal water supply is available and we cannot recommend approval of the amendment to the Brighi Exemption without additional information. " The applicant shall submit the neces- sary evidence to the Department of Planning Services before rescheduling this request before the Board of County Commissioners . Respectfully, 0.9\kiae COS40\fte. Chuck Cunliffe Assistant Zoning Administrator AMENDED APPLiuATION FOR/RECORDED EXEMPT1uN PHONE : 356-4000 Ext . 404 Department of Planning Services , 915 - 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : CASE NO . RE 'L40 APPL . FEE _ ZONING DISTRICT 1 WA RECORDING FEE 4'.ob DATE OCT 121979 RECEIPT NO . - APPL . CHECKED BY 0-^-O..C/ TO BE COMPLETED BY APPLICANT : (Print or type only except for required signatures ) : I (we ) , the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners . LEGAL DESCRIPTION : Part of the Southeast Quarter (SE;) of Section 4, Tawnship 5 North, Range 66 West of the 6th P.M., Weld County, Colorado, being more particularly described as follows: Beginning at the Southeast Corner (SE Cor ) of said Section 4 and considering the East line of said SF* of said Section 4, as tearing North 06030'30" West, with all other bearings contained herein relative thereto; Thence North 06030'30" Fast, along said East line, 57.00 feet; Thence North 89029'00" West, 783.96 feet to the True Point of Beginning; Thence continuing North 89029'00" West, 686.78 feet; Thence North 06030'30" East, 290.13 feet; Thence North 89029'00" West, 150.00 feet; Thence North 29022'15" Fast, 227.16 feet; Thence South 89030'45" East, 756.48 feet; Thence South 00031'00" West, 190.38 feet; Thence North 89029'00" West, 59.61 feet; Thence South 00031'00" West, 297.50 feet to the True Point of Beginning; Said described parcel of land contains 8.146 acres, more or less, and is subject to any right-of-way or other easements as recorded by instruments of record or as nag existing on said described parcel of land. ACREAGE : Lot "A" 5 nnn ; Lot " B" 3.1.46 ; Total 8.146 Has this property been divided from or had divided from it any other property since August 30 , 1972? Yes No x hage , see Recorded Exemption No. 260, hereby amended Are tiere any existing improvements on Lot A? Yes X No Lot B? Yes No x FEE OWNERS OF PROPERTY : Name : 1!n„ic .T Rrighi Address 7300 Palomar Drive Phone 353-3541 Jame : Address Greeley. Colorado Phone Name : Address 80631 Phone WATER SOURCE FOR: Lot "A" Wei] : ristern ; Lot " B" Well; cistern TYPE OF SEWER FOR : Lot "A" Septic tank ; Lot " B" Septic tank PROPOSED USE FOR : Lot "A" Furth ; Lot " B" Boat & small engine sales I hereby depose and state under the penalties of perjury that all statements , proposals , and/or plans submitted with or contained within this application are true and correct to the bes f my knowledge . COUNTY OF WELD ) ^ STATE OF COLORADO ) �. c Signat e : Owner r Authorized Agent Subscribed and sworn to before me this day of •c/c��r.,fe-,. 19 j. SEAL t-ei-z L..ti� i, cif ,z, , Notary Public / / /f/ My Commissio , expifes : 99:9 \1 of LAW OFFICES HOUTCHENS, HOUTCHENS AND DANIEL 1007 NINTH AVENUE BARNARD HOUTCHENS GREELEY, COLORADO 80631 S.ROBERT HOUTCHENS TELEPHONE 353-9195 ROOG ER I.HOUTCHENS AREA CODE 303 JOHN B.HOUTCHENS JERRY C.DANIEL KIN ROBERT HOUTCHENS THOMAS A.HOUTCHENS September 26, 1979 Weld County Planning Commission and Board of County Commissioners Centennial Building Greeley, Colorado 80631 RE: Dr. Louis Brighi - Application to Amend Recorded Exemption No. 260 Dear Gentlemen/Mesdames: This letter is being written and tendered at the request of Mr. Tom Honn of the Weld County Planning Commission staff in connection with the above reference application to amend Recorded Exemption No. 260 by Dr. Louis Brighi. Mr. Honn asked us to tender a letter in connection with the application setting out the reasons why we have requested that the recorded exemption be amended. The application for amended recorded exemption proposes and requests only one change from the original recorded exemption. That change is to decrease the size of the parcel known as Lot "A" from 6. 207 acres to 5. 000 acres. We have also submitted in connection with the application for an amended recorded exemption a proposed site plan for the development of Lot "B" . The amended recorded exemption would increase the size of Lot "B" to 3 .146 acres (from 2 . 119 acres) . The purpose for this change is to twofold. The change will delete the portion of the acreage from Lot "A" which is not needed to accommodate the size of the building on Lot "A" and its use. Further, the change will accommodate a better use of the land within Lot "B" . When this recorded exemption was originally approved, the anticipated use for Lot "A" was to be a sales pavilion. It was operated by Baldwin and Company, and dealt in the auction sale of used personal property. Since the original platting of this recorded exemption, Baldwin and Company has ceased to exist, and the building has been taken over by new tenants who are using the property for different purposes. The new tenant is Faith Ministries, who operate the property as a church. When the original plats were approved, Baldwin and Company had anticipated expanding its operation on to both Lot "A" and Lot "B" . There were legal and binding agreements on both Dr. Brighi and Baldwin and Company which were to facilitate this eventual expansion. With Weld County Planning Commission and Board of County Commissioners September 26, 1979 Page Two the demise of Baldwin and Company, the plans for development of the platted area changed. The changes proposed in the amended recorded exemption will not violate the Planned Unit Development standards on use of the property. Further, the site plan for Lot "B" and the amended site plan for Lot "A" , submitted in connection with the application, are still consistent with the original planned unit development standards. There are no adverse consequences which will accrue to the public interest by the approval of this application. Further, approval of this application will increase the usability and productivity of the parcels of land in question. Very truly yours, HOUTCHTNS, HOUTCHENS AND DANIEL Thomas A. Houtchens TAH:yd X °We+ •wR • J.5.Rev. 76 CO ' ADO DIVISION OF WATER RESOU ES \ r_D• e 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 RECE� V PERMIT APPLICATION FORM MAY - 4 1979 Application must - 1FA1FR RESOURCES be complete where (X) A PERMIT TO USE GROUND WATER SPATE U4CINEER applicable. Type or VIA PERMIT TO CONSTRUCT A WELL OOLa print in BLACK FOR: (X) A PERMIT TO INSTALL A PUMP INK.No overstrikes or erasures unless ( 1 REPLACEMENT FOR NO. initialed. ( 1 OTHER WATER COURT CASE NO. (1) APPLICANT - mailing address FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN � �-7 /061 NAME DG(/t$• l'�j/�( Receipt No -�,c)/ STREET /Sdo lO�/ro'/`- 1//-n'e Basin �rP[4/7 dO // Dist. CITY �dS/ (State) (Zip) CONDITIONS OF APPROVAL TELEPHONE NO. a7:5--ti - 3735'7 This well shall be used in such a way as to cause no material injury to existing water rights. The (2) LOCATION OF PROPOSED WELL issuance of the permit does not assure the applicant that no injury will occur to another vested water / / right or preclude another owner of a vested water County Z9/44 right from seeking relief in a civil court action. Sir '/. of the S't %, Section AP_fRb[E6 F.OR HOUSEHOLD USE ONLY, FOR ONE Twp. 0 /V Rng. 44 tr. 4 P M a) SINGLE FAMILY DWELLING AND NOT TO BE 'N.si iE.w, USED FOR IRRIGATION. THE RETURN FLOW FROM (3) WATER USE AND WELL DATA THE USE OF. THIS WELL MUST BE RETURNED TO THE SAME STREAM SYSTEM IN WHICH THE WELL fS LOCATED, it Proposed maximum pumping rate (gpni) J III" Average annual amount of ground water / to be appropriated (acre-feet): Number of acres to be irrigated: Q t Proposed total depth (feet): /.5-0 Aquifer ground water is to be obtained from: SPX//4 Vein° Owner's well designation GROUND WATER TO BE USED FOR: (X) HOUSEHOLD USE ONLY - no irrigation (0) ( 1 DOMESTIC (1) ( 1 INDUSTRIAL (5) ( 1 LIVESTOCK (2) ( I IRRIGATION (6) ( 1 COMMERCIAL (4) 1 I MUNICIPAL (81 ( I OTHER (9) -APPLICATION APPROVED DETAIL THE USE ON BACK IN (11) (4) DRILLER PERMIT NUMBER 109139 � 17 /�. DATE ISSUED A/U��G� �O (l� �19�7Q9Q Name ` l (/-2,,,,,, _ _-A-u 11---V--Jjs-81 �/ /y�� �7 /r��i EXPIRATION TE Street /X. ---/ell 5?l / '^�'� .(.C'Xc'� / 7 �7 - i'� 621-,"/7 2(1JV.a city ��� �s-z G <, (State) (Zip) n Telephone No. S01--9-3747 Lic. No. //� BY /- X X :57( LD. d3 COUNTY 62- I (5) THE "LOCATION OF THE F `POSED WELL and the area on (6) Th. ,VELL MUST BE LOCATED BE'&W which the water will be used must be indicated on the diagram below. by distances from section lines. Use the CENTER SECTION (1 section, 640 acres) for the well location. / + — t — ± — + — -1-' __ + - H - 4_ - _ .�.�v ft. from �c, ,( sec, lire T /1 `-(norrrtth or south) �� i MILE,6290 FEET �I I /57e ft. from , a-y/ sec. line 1 + + + + ± � ± LOT BLOCK FILING(east or west) II r + — -4_ - I NORTH SECTION LINE _ I SUBDIVISION I I - 1 -1- I (7) TRACT ON WHICH WELL WILL BE +_NORTH u, _ + _ , _ + _ -m --E LOCATED 0wner:�C(IS /�r/9,>// 2 q J y No. of acres /sue Will this be I z I i O m the only well on this tract? 7 tos m 1 t I I n + _ + Fw Q (8) PROPOSED CASING PROGRAM 2 I C Plain Casing "t— m J in. from (i ft. to hie ft. I -I- _ + I IX I in. from ft. to ft. SOUTH SECTION LINE — _i_ — _i_ Perforated casing 6 _in. from //O ft. to l>.57) ft. I + + + 4 T _f_ + + in. from ft. to ft. I I I I I I (9) FOR REPLACEMENT WELLS give distance and direction from old well and plans for plugging it: The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1'cubic loot per second (cis) . . .449 gallons per minute (gpml A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot . . .43,560 cubic feet . . .325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (10) LAND ON WHICH �GiROUN/D WATER WILL BE USED: Owner(s): /eats e i "VI .Z L /, No. of acres- Legal description: 02 toWe'S /h -4 -5174;��T' SEX 0'? 5 &'t y -7"-5-4.-ea it---_ Pm. (11) E (LED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. / //14 /e7/LeeA2 -ee•✓ Use' (°�f/(' St:,-S"/r'n 7e tee c for &7q 74/ 1 ys. (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. T e or right Used for (purpose) Description of land on which used (13) THE;APPLICANT( STATE(S) THAT T INFORMATION SET FORTH HEREON IS TRUE TO THE OF HIS KNO • Clt� SIGNATURE APPL CA /SI • NI y ; Use additional sheets of paper if more space is rep P o `` n b . k 3ypy Il+w { . Ill > M "n, U 3 + 1 ••\4", 'N t • yJ00�', . +A f aF• ei . ,. rd yy {r}f rSs. ',IA. '. t a' '�(Y� 1$.4!!x.. �' ,:;:'v' t i r '# x ! 11, ,I.r' L. �..s { f "L eYT ?` 4*4.. . .w ,rsA ,�.d,� ,1 , Atilt ,'a• !, I.II" ri t� .l r_' d1 s, •" t" 4 „- n . s y� fi 4' —' fpm ' `r i t A1 f7 t .. 1 . - - - -T.'"4la neab".G �\ 11,E I CC41 ( n i e phM1° .��1 Vey 1{1/666„ K , \ y yy/�..I J '.11 sel Y n 4. 4 , Leo 1. 1 -ar . $ d .750 47 o- I { t, z JA e ' 4�F-'; H r Y • AJ . ` ;�� / tea} .\k i \ '`J r , •_ 1s-._hi (.Nt) • ,r' "°�..M I , lit,ii xt Vxy � It } Efr ,4 ' t µ/ • '� 1 Yw �a �. Tip yy a � ab r . J. '+^ I I' ;#.8r*.. ,�4Fw q *t r ' I .� It:: a A. \ ,1°73 Al�r,A i A rI.**, o\ .`,.„,.....�%.- 1 as v ) # Cm , r r' 4, 'd ' a o - Pa V' U Bros n 4' -;t do t et i; w --- - \ �� S.. ++ 'F t a' 1 " ' �' r^1. hgg �n:'' a : k(:�`6- `;.,x ci \ 3 r '. . . ... • REFERRAL LIST DO o APPLICANT Dr. Louis Bright CASE # Amended RE-260 REFERRALS SENT OUT ON: October 16 , 1979 cw [a REFERRALS TO BE RECEIVED BY: October 31 , 1979 F , gi cc H U o o PF p' O U cC N ti REFERRALS RECEIVED X ''0' 18 8 County Attorney (plat only) tO' ? County Health County Engineer City of Greeley Planning Commission c/o John Given 0CT 25 Greeley Planning Department Civic Center Complex Greeley, CO 80631 P. C. 10/23/79 State Engineer Division of Water Resources X ON 19 Department of Natural Resources 1313 Sherman Room 818 Denver, CO 80203 State Highway Department } 1420 2nd Street Greeley, CO 80631 !. • • OFCO D. o _ tr RICHARD LAMM a' G W.R. SMITH Governor Acting State Engineer # 1870 r DIVISION OF WATER RESOURCES Department of Natural Resources 1313 Sherman Street-Room 818 Denver,Colorado 80203 Administration(303)839.3581 Ground Water(303)839-3587 . October 18, 1979 Mr. Chuck Cunliffe Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Re: Brighi Exemption Amendment RE-260 A & B Dear Mr. Cunliffe: We have reviewed the material submitted to this amendment of the Brighi Exemption. The water supply for Lot A is not mentioned. Lot B has a permit for a single household use only well. It does not appear that a dependable, legal water supply is available and we cannot recommend approval of the amendment to the Brighi Exemption without additional information. Very truly yours, • a D . Jeris A. Danielson D=puty State Engineer JAD/GDV:mvf cc: Jim Clark, Div. Eng. Reiner Haubold Land Use Comm. 0CT1979 N RECEIVED rn Weld County Planing Commission -1,n o COLORADO STATE DEPARTMENT OF HIGHWAYS * �* DIVISION OF HIGHWAYS Weld County X876 SH 34 October 24, 1979 Brighi C.U.D. 515?7?8,'q 4 Mi . W. of 59th Ave. on N. ��,��� Side of 34 Mr. Chuck Cunliffe �'y 0 �„! Department of Planning Services e Ry DOH FILE 45100 Weld County .�5�°e -3)/ 915 Tenth Street Greeley, Colorado 80631 Dear Mr. Cunliffe: We have reviewed the applications from Dr. Louis J. Brighi for a Commercial Unit Development and for an amendment to Recorded Exemption 260. We ask for your consideration of the following comments. 1 . To accommodate future traffic on U.S. Highway 34, we ask that a total of 120 feet of right of way be protected, 60 feet each side of the highway centerline. The Site Plan shows approximately 57 feet of right of way to the north of the section line, which is also the highway centerline. Therefore, it appears that approximately three feet of the "Landscape Buffer" area should be reserved or, preferably, dedicated as highway right of way. 2. Direct highway access to Lot B is to be limited to the one driveway at the west edge of the property. Lot A is to be served by an already existing and dedicated public road on the east property line. Any other access to the south side of these lots is to be obtained from the 30-foot frontage road. We should point out that this frontage road will not fall under the jurisdiction of the State Department of Highways and thus we cannot issue driveway permits for access to this road. In our previous review of this site, we requested that an acceleration lane be extended to the west of the access to Lot A for a distance of 400 feet. This acceleration lane should be extended the entire length of the property frontage so that it can also serve as a deceleration lane into the access to Lot B. This would certainly facilitate ingress to this property in view of the highway downgrade and speed limit. This extension should be constructed to the same standard as is shown in the P.U.D. Development Standards. How- ever, in addition to the four inches of 3/4" base material , we ask that eight inches of 1z" base material be provided. See the attached specification for details. 3. A Driveway Permit is required for the construction of the new access to U.S. 34 and the accel/decel lane. Three copies of the approved site plan showing details of the highway construction, along with the completed permit form, should be sent to Mr. David N. Fraser, District IV Maintenance Superintendent, P. 0. Box 850, Greeley, Colorado 80632. P.O. BOX 850 GREELEY, CO 80632 (303) 353-1232 _ - Weld County SH 34 Brighi C.U.D. DOH FILE 45100 MR. CHUCK CUNLIFFE October 24, 1979 Page Two Thank you for the opportunity to review these applications. Very truly yours, DWIGHT M. BOWER DISTRICT ENGINEER nijeAj z.e Albert Chotvacs Assistant District Engipleer AC:da Attachment cc: D. M. Bower D. N. Fraser (2) File: Crier-Jacobson via Rames-Finch-Graham w/encl . `F�r GENERAL SPECIFICATION FOR ROAD & HIGHWAY CONSTRUCTION GREELEY AREA AGGREGATE BASE COURSE "Class I" Sieve Size % Passing 1 1/2" 100 #4 30/65 #200 3/15 Liquid Limit not greater than 35 PLasticity Index not greater than 6 Minimum "R" Value 78 AGGREGATE BASE COURSE "Class VI" Sieve Size % Passing 3/4" 100 #4 30/65 #8 25/55 11200 3/12 Liquid Limit not greater than 30 Plasticity Index not greater than 6 Minimum "R" Value 78 HOT BITUMINOUS PAVEMENT Grading "EX" Sieve Size Job Mix Formula Tolerance % Passing 1/2" 100 None #4 65 + - 8% #8 55 + - 8% #200 7 + - 3% Asphalt required in mix Grade AC-10 6.0 (By weight of total mix) Mixing Temperature 280 + - 20 F Minimum index of retained strength 75 k airr 4 „a__ a r ... Alt Iras- r 41 a GREELEY CIVIC CENTER GREELEY. COLORADO 80631 PHONE ,303, 353-6123 October 24 , 1979 Chuck Cunliffe Assistant Zoning Administrator Weld County Department of Planning Services 915 Tenth Street Greeley, CO 80631 Dear Chuck: The Greeley Planning Commission reviewed the requests by Dr . Louis Brighi for amending recorded exemption 260 , amending the site plan for Lot A, and the site plan for Lot B at their meeting on October 23 . 1979 . The Planning Commission recommended approval of the requests conditioned upon the drainage elan conforming to the City' s drainage policy, compliance with all the PUD standards including the minimum landscaping requirement , and construction of the improvements speci- fied in the plans and in the PUD standards . Thank you for the opportunity to review and comment on this develop- ment proposal . If you have any questions with regard to this matter please do not hesitate to contact our office. Respectfully, Ken McWilliams Planner KM: ka 1 taR "A COMMUNITY OF PROGRESS" X �^ RECORDING DATA PS b PLAT Amended Recorded Exemption #0959-4-4-RE260 NAME OF SUBDIVISIONLouis J Brighi _---- NAME OF SUBDIVIDER _ ---- i Township 5 North, Part of the Southeast Quarter (SE1) of Section 4, P I_OrATION OF SUBDIVISION Range 66 West of the 6th P.M. , Weld coup:Colorado______ 1831039 DATE OF RECORDING �uL 24 1980 BOOK 909 RECEPTION # MARY ANN FEUERSTEIN WILD COUNTY CLERK AND RECORDER BY: DEPUTY COUNTY CLERK & RECORDER Hello