HomeMy WebLinkAbout890549.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 1171 - WILLIAM E. AND
JOANN D . STELL, AND WILLIAM AND LEAH WILSON
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorad.o 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) , CRS, as amended , 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 No. 1171 , does not
come within the purview of the definition of the terms,
"subdivision" and "subdivided land" , and
WHEREAS, the request for Recorded Exemption No. 1171 was
submitted by William E. and JoAnn D. Stell , and William and Leah
Wilson for property which is located in part of the W} Section 6 ,
Township 3 North, Range 68 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 30 acres and 10 acres .
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the hereinabove
described parcel of land be, and hereby is, exempt from the
definition of the terms, "subdivision" and "subdivided land" .
BE IT FURTHER RESOLVED by the Board that this approval is
subject to the following conditions :
1 . 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 drawn in accordance with the requirements of
Section 9-2C. (4) of the Weld County Subdivision
Regulations. The plat shall be submitted within sixty
days from the date of approval by the Board of County
Commissioners . The applicant shall be responsible for
paying the recording fees.
890549
Page 2
RE: RE #1171 - STELL AND WILSON
2 . A Weld County septic permit is required for the proposed
home and its septic system shall be installed according
to the Weld County Individual Sewage Disposal System
(ISDS) regulations .
3 . An ISDS evaluation by the Weld County Health Department
on all existing septic systems will be necessary prior
to issuing the required septic permits on the existing
systems.
4 . The applicant shall obtain a water tap from a public
water supply system prior to his beginning construction
and being issued any building permits. The applicant
has volunteered and agreed to this condition.
5 . The mylar plat shall show only that parcel of land west
of the Ish Ditch. The mylar plat shall also show a
minimum thirty-foot access easement to provide access to
the parcel east of the Ish Ditch.
6 . Prior to recording the Recorded Exemption plat, the
applicant shall submit a covenant or other appropriate
restriction which will perpetually tie at least one
share of the Ish Ditch to the ten-acre parcel.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 28th day of
June, A.D. , 1989 .
�� BOARD OF COUNTY COMMISSIONERS
lerk ATTEST: (je"' � � WELD COUNTY, COLORADO
Weld County and Recorder !�/i '�
and Clerk to the Board C.W. Kir , C irman
/ \ �. • �_`\ .� . `.fY1V.Xt`
,BY: Gry}c�/y( c e/ J:c. 1i Jo o , Pro-Tem
Deputy County Jerk
APPROVED AS TO FORM: Gene R. Brantner
George Ken e
A-c,- County Attofney
Gordon' ac r
890549
B 1243 -EC 02190958 09/06/89 10:49 $5 .00 1/001
AR2190958 F 0601 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
COVENANT RUNNING WITH THE LAND
The undersigned, WILLIAM E. STELL and JO ANN D. STELL, being
the owners of the property described as:
The North 10.00 acres of the S 1/2 of the NW 1/4 of
Section 6, Township 3 North, Range 68 West of the
6th P.M. , Weld County, Colorado, lying West of the
centerline of the Ish Ditch, together with 2 shares
of stock of Old Ish Ditch;
which said land is the subject for Recorded Exemption Case No.
_ it71 _ , hereby covenants and agrees with the Board of
County Commissioners of Weld County, Colorado, that they will
convey with said land at least one share of The Ish Reservoir
Company (Old Ish) which shall at all times be attached to said
land and shall never be severed therefrom.
This Covenant is declared to be enforceable at law, shall be
appurtenant to and run with the land, and shall be binding on the
undersigned, their heirs , representatives, successors and
assigns.
William E. Stel
J Ann D. Steil
STATE OF COLORADO )
ss.
COUNTY OF BOULDER )
",, The foregoing instrument was acknowledged before me this
LDP"( day of August, 1989, by William E. Stell and Jo Ann D.
Stell.
ot 4�Es Mty ,,; ,bmmission expires C a9 /997,.2./� Witner 's my official handed seal.
ot
.p \G -
®\ Notary Public
i
13Y DEPAF ,lENT OF PLANNING SERVICES
I lati&
I ( c PHONE(303)356-4000 EXT.4400
915 10th STREET t 11.4 GREELEY,COLORADO 80631
•
wii . ic,
COLORADO 411-\ 1643--
June 21, 1989
Board of County Commissioners
Weld County Centennial Center
915 Tenth Street
Greeley, CO 80631
Subject: Recorded Exemption #1171 for William E. and JoAnn D. Stell and
William and Leah Wilson
Dear Commissioners:
This recorded exemption request is submitted by William E. and JoAnn D.
Stell and William and Leah Wilson. The parcel of land on which this request
is made is described as part of the W} lying west of the Ish Ditch in
Section 6, T3N, R68W of the 6th P.M. , Weld County, Colorado. The property
is located approximately 2.5 miles northwest of the Town of Mead, east of
Weld County Road 1, and approximately .25 miles south of Weld County Road
38. This request, if approved, will correct a subdivision violation which
occurred on December 18, 1981, when the ten-acre parcel was conveyed from
Howard Stewart to Longmont Lodge #1055, B.P.O. Elks of the U.S. of America,
Inc. The ten-acre parcel is now owned by William E. and Joann D. Stell.
The proposed thirty-acre parcel is owned by William and Leah Wilson. The
Wilson's also own the parcel east of the Ish Ditch.
The proposed larger parcel is served by Little Thompson Water District and a
septic system. The applicant proposes a septic system and either Little
Thompson Water District or a domestic well for the proposed smaller lot.
Little Thompson Water District can not provide service to the ten-acre
parcel until 1990. The Division of Water Resources will provide a household
use only well permit if certain conditions are met. William and JoAnn Stell
also own two shares of Ish Irrigation Ditch water.
The Town of Mead and the Weld County Health Department have reviewed the
application and have no objections to the request.
The staff has concerns whether adequate water will be available for the
potential uses of this property if the Division of Water Resources'
conditions of approval are met. The Division of Water Resources' conditions
are identified in its letter of May 26, 1989.
6905y9
Board of County Commissioners
RE-1171
Page 2
The staff requests that the Board of County Commissioners consider the
application and determine if the standards of Section 9-2 E. (1) (a) through
(m) have been met.
Respectfully submitted,
Lanell J. Curry
Current Planner
LJC:dn
890549
DEPARTMENT OF PLANNING SEAN/IC-6
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant: William E. and JoAnn D. Stell Case No: RE-1171
Legal Description: Part of the S-1/2 NW-1/4 and the N-3/8 N-1/2 SW-1/4
lying west of the Ish Ditch in Section 6, T3N, R68W of
the 6th P.M. , Weld County, Colorado
Larger Lot Size: 30 acres, ± Smaller Lot Size: 10 acres, ±
Criteria Check List
Meets Criteria
Yes No
X 1. Consistent with the intent of the zone district.
X 2. Compatible with the existing surrounding land uses.
X 3. Compatible with the future development of the
surrounding area.
X 4. Complies with Overlay District Regulations.
X 5. Complies with minimum lot size requirement.
X 6. Complies with the Weld County Comprehensive Plan.
X 7. Consistent with efficient and orderly development.
8. Lots accessible from an existing public road.
9. Adequate water supply.
X 10. Adequate sewage disposal in compliance with requirements
of the Weld County Health Department.
X 11. Lots are not part of a recorded exemption approved
within less than five (5) years previous, are not part
of a subdivision, or are not part of a Minor
Subdivision.
X 12. Does not evade the Weld County Subdivision Regulations
requirements and Statement of Purposes.
890549
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890549
FIELD CHECK
FILING NUMBER: RE-1171 DATE OF INSPECTION: May 8, 1989
NAME: William E. and JoAnn D. Stell
REQUEST: Recorded Exemption
LEGAL DESCRIPTION: Si NW4 and the N-3/8 Ni SWi of Section 6, R3N, R68W of
the 6th P.M. , Weld County, Colorado
LOCATION: East of Weld County Road One, approximately .3 miles north of Weld
County Road 36
LAND USE: N One residence within .25 miles, agricultural production
E Ish Ditch, agricultural production
S Agricultural production
W Weld County Road One, agricultural production
ZONING: N A (Agricultural)
E A (Agricultural)
S A (Agricultural)
W A (Agricultural)
COMMENTS:
The proposed larger lot contains two residences and outbuildings. The lot
is in agricultural production. The terrain east and south of this parcel
slopes sharply up.
The proposed smaller lot has not been farmed and slopes - to the east toward
the ditch.
Access to both parcels is from Weld County Road One, a gravel road.
The Ish Ditch borders the east side of the parcels.
Lanell J. Curry
Current Planner
890549
APPLICATION FOR RECORDED EXEMPTION
PHONE: 356-4000, Ext. 4400
Department of Planning Services, 915 10th Street, Greeley, Colorado 80631
FOR PLANNING DEPARTMENT USE ONLY:
APPL. FEE
CASE NO. RECORDING FEE
ZONING DISTRICT RECEIPT NO.
DATE APPL. CHECKED BY
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:
51:-L- /? r/sltHEl) t �=�AL
TOTAL ACREAGE: / r ,;. c f
Has this property been divided from or had divided from it any other property since
August 30, 1972? Yes No
Is this parcel of land under consideration the total contiguous land owned by the
applicant? Yes / No
FEE OWNERS OF PROPERTY:
Name: // ', a E .C . ,;,lc/ J ,- /r,;,i t. >7-- //
3-Igel
Address: Ter 7, /).< i te,, f /tom
' /.,./e/r.- $158/ Phone: 2-/ 'ic7 -7 c 7
Name:
Address: Phone:
Name:
Address: Phone:
WATER SOURCE: Larger Parcel L, yf/e j/ic„ wi Smaller Parcel L, Z`f-2, rAr v.sen r.
TYPE OF SEWER: Larger Parcel cc/ f/c Smaller Parcel 5(73 /
PROPOSED USE: Larger Parcel //,e3 r- /717 Smaller Parcel / ,^r S.
ACREAGE: Larger Parcel /ft" ± Smaller Parcel /r ±-
EXISTING DWELLINGS: (Yes or No) 4-I's (Yes or No) Nr.
I hereby depose and state under the penalties of perjury that all statements,
proposals, and/or plans submitted with or contained wit in t is application are true
and correct to the best of my knowledge.
COUNTY OF WELD )
STATE OF COLORADO ) t Q4//L,u / . Af��t
Signature: Owner or Authorized Agent
Subscribed and sworn to before me this a,7` day of , 1921.
(SEAL)
Not ry Public
My Commission Expires etr9 /95701— . 890549
•
consultants
Land use • Analysis • Negotiation • Development
LEGAL DESCRIPTION
STELL PROPERTY
The North 10 acres of the S 1/2 of the NW 1/4 fo Section 6 , T3N, R68W
of the 6th P.M. lying west of the centerline of the Ish Ditch , County
of Weld, State of Colorado.
•
890549
436 Pratt Street • Longmont. Colorado 80501 • 303-776-3147
LAD consultants
Land use • Analysis • Negotiation • Development
May 2 , 1989
Weld County Department of Planning Services
915 10th Street
Greeley, CO 80631
RE: Recorded Exemption for Stell Property in
Section 6 , Township 3 north , Range 68
West of the 6th Prime Meridian in Weld
County, Colorado
Ladies and Gentlemen:
We hereby request your frvorable consideration of the above
captioned Recorded Exemption . This cover letter is intended to
provide the narrative information required in Weld County Subdivision
Regulations , Section 9 . Such information will be discussed in the
same order in which it is set forth in Section 9-2 C. ( 2 ) of said
regulation .
( a ) Purpose and nature of the request - This is a request to obtain
official sanction from Weld County for a lot which was previously
created by action of a foreclosure . The purpose of the request is to
facilitate the future issuance of a building permit for a single
family residence on said lot.
(b) Consistency with the Weld County Comprehensive Plan ( WCCP) - The
WCCP states :
"A residential development proposal located in an area
designated for agricultural use shall be reviewed in
accordance with the agricultural and residential goals and
policies . "
The thrust of the agricultural goals and policies is to preserve
prime agricultural land and agricultural uses in Weld County.
According to the United States Soil Conservation Service the subject
property is not considered to be prime agricultural land of either
National or Statewide significance . The creation of a lot for single
family residential immediately adjacent to an existing house will be
a compatible circumstance . Provision of services will be
accomplished in as efficient a means as possible .
In the case of water , service will either be provided through the
extension of a Little Thompson Water District water line to property
( see attached letter ) or through an on-site well for domestic use
only. The 10 acre property has 2 shares of Old Ish Ditch stock with
an average yield of approximately 3 1/2 acre feet per share which
should be sufficient to meet the outdoor watering needs of the
proposed parcel . The property owner would like to retain the
ability to choose whichever option for water service which is most
See attached map and legal description for p precise location.
436 Pratt Street • Longmont. Colorado 80501 • 303-776-3147
890549
Weld County Department of Planning Services
May 2 , 1989
Page 2 .
feasible 2 . Sanitary sewer service will be provided by means of a
septic system , and other services will be accomplished in the most
efficient manner possible.
The residential goals and policies encourage a wide variety of
housing types in locations where adequate provision is made for
vehicular access and the necessary services . A single family
residence on a 10 acre parcel is certainly within the broad range of
housing types and living styles encouraged by the WCCP. The fewer
than 10 trips per day generated by a single detached unit will have
an imperceptible impact on the adjacent Weld County Line Road from
which the property will take access. Water , sanitary sewer, phone ,
gas and electric will all be provided.
(c ) Consistency with intent of district - the intent of a zoning
district is often expressed through the uses which are allowed within
that district by right. Section 31 . 2 . 2 of the Weld County Zoning
Ordinance provides for the following use by right :
"One ( 1 ) SINGLE FAMILY DWELLING UNIT on a parcel of land
created under the provisions of Section 9 of the Subdivision
Regulations of Weld County, adopted August 30, 1972 , as
amended. "
Approval of this proposal for a recorded exemption will
facilitate the establishment of a use by right within the
Agricultural district, thus carrying out the intent of the district.
(d) Compatibility with surrounding existing uses - immediately to the
north of the subject property is a single family residence .
Immediately to the west is another single family residence .
Approximately 800 feet to the south is yet another single family
residence. Establishment of a new residential unit will certainly be
compatible within these surroundings .
2 According to Barry Dykes of the Little Thompson Water
District, the 24" transmission line the District intends to construct
will be a high-pressure line. As a result , tapping that line for a
2" or 4" service line to property will cost between $15 , 000 and
$20 , 000 plus a $3 , 000 tap fee . According to Rick Neilson at the
Colorado Division of Natural Resources , a well is possible on the
property. The Owner would therefore like to explore the most
feasible option for water service .
890549
Weld County Department of Planning Services
May 2 , 1989
Page 3 .
( e ) Compatibility of permitted uses with future development - with
the exception of a rezoning , the only future uses which will be
established will be those allowed within the Agricultural zone. Each
of the zones in the Weld County Zoning Ordinance has been carefully
designed to ensure compatibility within the district.
Incompatibility typically comes about when 2 adjacent zones allow
incompatible uses within proximity of each other . Since the entire
area surrounding the subject property is zoned Agricultural , no such
incompatibility is anticipated.
( f) Consistency with efficient and orderly development - clearly, the
edict of efficient and orderly development would guide most if not
all development into municipalities in Weld County where the
mechanisms to provide an urban level of services is in place . The
residential goals of the WCCP,however, encourage a wide variety of
housing types and living styles . Few would disagree that a 10 acre
parcel with a single family residence is more suited to a rural area
than an urban area where compact development is desirable . If the
County intends to carry out its residential goals , then this end of
the housing-type spectrum is clearly more appropriate in a rural
setting.
(g) Compliance with Overlay District Regulations - the subject parcel
is not affected by an overlay district.
(h) Proof of legal interest in subject property - please see attached
title company documents .
( i ) Additional information - the larger 110 acre parcel was
originally held by Mr . W.R. Wilson. During a foreclosure action
against Mr. Wilson, Mr. Howard Stewart assisted Mr. Wilson in halting
the foreclosure action and, in return for his assistance , Mr. Wilson
deeded the subject 10 acre property to Mr. Stewart . Later, Mr.
Stewart offered to give the subject property to the .Longmont Elks
Club which subsequently accepted the offer and took title. The
Club's intent was to use the land to establish a new club building
since at that time a developer had made an offer to purchase the
Club' s existing building for renovation into an office building . The
deal for the existing Elks Club building fell through and thus , the
Elks no longer needed the subject site . The Elks Club then sold the
property to the applicant who now desires to gain approval for this
recorded exemption to facilitate the establishment of a single family
residence.
890549
Weld County Department of Planning Services
May 2 , 1989
Page 4 .
CONCLUSION
We have demonstrated through the above discussion that the
proposal meets the criteria established for review of recorded
exemptions as set forth in Weld County Subdivision Regulations ,
Section 9-2 E. ( 1 ) (a) through (m) . We hereby respectfully request
your favorable consideration or this request.
If you have any questions or desire further information, please
don ' t hesitate to contact me at 776-3147 . Please let me know of the
outcome of your review at your earliest convenience .
Sincerely,
Michael B. McDonough , AICP
Principal
xc: Mr. Ted Schey
File
attachments
890549
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LARGER PARCEL: The S 1/2 of the NW 1/4 and
N 3/8 of the N .1/2 of the SW 1/4 ,
Section 6 , T3N, R68W of the 6th P.M.
SMALLER PARCEL: The North 10 acres of the S 1/2 of
the NW 1/4 fo Section 6 , T3N, R68W
of the 6th P.M. lying west of the
centerline of the Ish Ditch,
h 890549
/"= 4001 LAND VV consultants
436 Pratt Street•Longmont.Colorado 40S01 •303.7763147
LITTLE THOMPSON WATER DISTRICT
DIRECTORS. Telephone 532-2096
Carey J salomonson.
President
307 Welch Avenue
Glenn W GibsonDrawer G
Leo Batet Berthoud.Colorado 80513
Keim Croonemst
Tom Reynolds
E Thomas Ricord
Dean Anderson
MANAGER
John Gruner April 20, 1989
Mr. Mike McDonough
Land Consultants
436 Pratt Street
Longmont, CO 80501
Dear Mr. McDonough:
This letter is in response to your request that the Little
Thompson Water District commit to provide domestic water
service to property located in Section 6, Township 3 North,
Range 68 West along Weld County Road 1 approximately one half
mile north of Weld County Road 36 . We presently have no
capacity available in this area.
A 24" transmission line will be installed along Weld County
road 38 in 1990. At that time a line can be extended from
the 24" transmission line to the above mentioned property
to provide service, at owner ' s cost.
If you have any questions, please contact our office.
Sincerely,
Barry' Dyke%
Operations Supervisor
BD/jl
` ` 890549
• Reception No. .---, I t -3_(J .CJ z ' L V wlV
Recorder.
'Recorded at u'c. _M.,
-
WARRANTY DEED if
,i THIS DEED, Made this 1st day of November , f9 88
between
LONGMONT LODGE #1055, B.P.O. ELKS OF THE U.S OF
AMERICA, INC. , A COLORADO NON-PROFIT CORPORATIONL
pl
a corporation duly organized and existing under and by virtue of the laws of the State
of Colorado , grantor, and
WILLIAM E. STELL AND JO ANN D. STELL, AS JOINT TENANT
whose legal address is 3003 Valmont #132
Boulder, Colorado 80301
of the `County of Boulder , State of Colorado, grantee:
IVITNESSETH,That the grantor, for and in consideration of the sum of TEN THOUSAND AND NO/100
I
the receipt and sufficiency of which.is hereby acknowledged,has granted,bargained,sold and conveyed,and b0ythesse presents does
grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property, together with
improvements, if any, situate, lying and being in the County of Weld
State of Colorado,described as follows: '
The North 10.00 acres of the S1/2 of the NW1/4 of Section 6,
i` Township 3 North, Range 68 West of the 6th P.M. , Weld County,
I
y, Colorado, lying West of the centerline of the Ish Ditch, To—
' I gether with 2 shares of stock Old Ish Ditch.
,l
I
\ also known by street and number as: Vacant Land
I ;'\, TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the
N)" reversion and reversions,remainder and remainders,rents, issues and profits thereof,and all the estate,right,title,interest,claim and
\'-, demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and
__ appurtenances.
�c) TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances,unto the grantee,his heirs and
assigns!brevet.And the grantor,for itself,and its successors,dues covenant,grant,bargain and agree to and with the grantee,his heirs
and assigns,that at the time of the ensealing and delivery of these presents,it is well seized of the premises above conveyed,has good,
sure,perfect,absolute and indefeasible estate of inheritance,in law,in fee simple,and has good right,full power and authority to grant,
bargain,sell and convey the same in manner and form as aforesaid,and that the same are free and clear from all former and other grants,
bargains, sales, liens, taxes, assessments,encumbrances and restrictions of whatever kind or nature soever,except 1988 Taxes
due and payable in 1989 and subsequent years, subject to easements, covenants,
restrictions, reservations and rights of way of record, if any and a Patent
recorded November 14, 1893 in Book 51 at Page 23B, an undivided interest in all
oil, gas and other minerals as reserved in Deed recorded August 28, 1959 in Book
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable
possession of the grantee,his heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof.
The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders.
IN WITNESS WHEREOF,The grantor has caused its corporate name to be hereunto subscribed by its
President, and its corporate seal to be hereunto affixed, attested by its Secretary, the day and year first
above written.
Attest: **1539 at Page 295, and an Oil and Gas Lease recorded March 2, 1981 in Book
929 at Reception No. 1851021; LONGMONT LODGE #1055, B.P.O. ELKS OF TI
U.S. OF AMERICA, INC. , A COLORADO NON- OFIT
se.,.,,,y CORPORAT ON
dee
By,. " ..c.i/ 1 �-e-srt# -
CORDON KENNEDY
STATE OF COLORADO
I . .
County of Boulder ss.
The foregoing instrument was acknowledged before me this 1st
by CORDON KENNEDY day of November 19 88
and as President
as of ;j;QNQUQU 4,ODCE #1055, B.P.O. ELK OF TlkE U.S. F Secretary
! : 'in:4i (r+4:.?+..,. RICAN, A a corporation.
i Alysernon�;tl's'atuekilu*,:li sTanuary 30, 1991 COLa t0 H 1E 0 T CORPORATIQt�1 Artne my hand anQ` fr ri seal. �\ .N`''9L�1
; 'r '510.1111424 ,�i' wary Mabee
I4. n��6 qq 229 Terry St. $ J
Ij. eni�4..na 3w N1 ii 80501
ngmont, CO
iir.S)enver, insert r>ielb
/
Nu.Galt.lip. .4L fyipp)}fl 1 ui:ED ICor ,,,hint 1h.xlr..J n,MiJ,ine.WS W eib Art..LaSa..x 1,CO Ia1:N—11x11233-690Uu - -
880549
�. . �' -�
•
• `•! dRVJ77661 IB 1135 REC 02077669 11/19/86 16,43 $3.00 1/001
F 2199 MARY ANN FEUEASTEIN CLERK i RECORDER WELD CO, CO
•,i RECORDER'S STA HP
THIS DEED. Made this 14th day er November
'. Iv, 86beta.en
'4 HOWARD STEWART
I
'�5
• of the Countyof Boulder and State or SION ••
i� Colorado..(the fort part,and p•
•
1 WILLIAM R. WILSON and LEAN G. WILSON
-i .I whose legal address Is Route 1, Box 54, Berthoud, Colorado 80513
,i.
1 •
atthe County of Weld and State of Colorado.of the attend part: •
M•ITNESSETII.that the said part y of the first part,fur and in consideration of the sum of
--Seventy One Thousand and No/100 DOLLARS.
;l\ .is the mid party u(the first part in hand paid by Omaald parties Mahe second part,the receipt whereof is ber :fry
confessed and acknowled
il. : gad,ha 5 granted.bargained,sold and conveyed,and by them sites
i, t. grant,bargain,aell,convey and confirm unto the said partiesoflhe second part,their heirs and assigns f ,not in
.. tenancy in common but in Mint tenancy,all the following described lot or parcel of lend,situate,lying and being in
1 the Countyuf Weld and StateofCotorado,to wit:
The Sh of the tO44 and the North 3/8 of the Nh of the SWIt of
' Section 6, Township 3 North, Range 68 West of the 6th P.M. ,
• EXCEPT a strip of land 33 feet in width conveyed to the Ish reservoir
.W Company by Warranty Deed recorded in Book 241, Page 7,
ALSO EXCEPTING THEREFROM a tract of land conveyed by Deed recorded
' •• December 18, 1981 in Book 956 as Reception No. 1877527, being more
: particularly described as follows, The North 10.00 acres of the
1 : South one-half of the Northwest one-quarter of Section 6, T3N,R68W of
' xx1414X*WX**RkWW, k*It the 6thP.M., lying West of the centerline of the
a . Ish Ditch.
,4 TOGETHER with all and singular the hereditament.and appurtenances thoreuntn belonging,ur in anywise
r. appertaining,the reversion and reversion.,remainder and remainders. .Issues and profits thereof:and all the
estate,right,title,int ,claim and demand whatsoever of the said party of the first part,either in law or
7` . equity.of,in and to the above bargained premises.with the hereditament.and appurtenances.
f. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenanen,unto the
fsaid parties of the wend part,their heirs and assigns f And the said party of the first part,for him.*
... ' self his Mira,eaesutors,and admini does covenant,grant,bargain and agree to and with the
2, said parties of the secondg
p part,their heir and sari cos.that at the time of the ling and delivery of these
}' presrnthe i8 well seised of the premises above conveyed.as of god,sure perfect.absolute and indefeasible
.mite of inheritance,io law.in fee simple.and hie good right,full power and lawful authority to grant,bargain.
sell end convey the same in m and farm aforesaid,and that the same are free and clear from all former and
other grsnta.bargains.salve.liens,1 .assessment and encumbrances of wh kinder nature never.,
except taxes and assessments for 1986 and subsequent years, and
•
except all oil, gas, an other minerals reserved in Book 1539 at Page 295,
an xa pt easements anal restrictions of record d including easement in
Book 454 at Pae 64, and reserving to Grantor easement ror oureotses of•
'•
and the above bargained-premises in the quiet an pears le poasesamn o said partisan the**Can a
r heirs and assign..anima sill and person or yrreona lawfully claiming use 1a claim the whole'Sr any art thereof,
the said party of the Pint part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WIIKRROY the and put y of the first part ha S hereunto aethis hand and
meal the day and year first above written.
� Signed,Sealed and Delivered in the Presennuf [
I! __ISEA LI
't HOf ARD TE AR
-- Anil .
•
I: STATE Or COLORADO
II
ma.
_. ...... ..__kountyerBpsllder... _. .
4. The fore`lipgJ441rument was acknowledged before me this 14th day of November
l®6,heotaafl �1g� wart.,Q
ierue e4pelrnep% /.��i,/ ,/ .l017.w
ltnuae my han4 and official seal
lr • 3525 Cloverleaf Or ,c
• „i .. c• hiller, CO 0030; " i cal--- ,e'
1 .A. " I i u p : n.t.,i r.sw
•(CX6 Hued (rpirf;nbove) connection to the Little Thompson Valley Water
Dist p�•Tfi c %1tng the West property line of the subject property as
eviderS'ce in ihstrument recorded May 28
1P'�e 9( .... 1981 in Book 937 as Reception :.
A ,�,.,,,,,r,. 890549
REFERRAL LIST
NAME: William E. and JoAnn D. Stall CASE NUMBER: RE-1171
REFERRALS SENT: May 4, 1989 REFERRALS TO BE RECEIVED BY: May 18, 1989
COUNTY TOWNS and CITIES
Attorney _Ault
,, X Health Department _Brighton
_Extension Service _Dacono
_Emergency Management Office _Eaton
_Sheriff's Office _Erie
Engineering _Evans
Housing Authority _Firestone
Airport Authority _
_ Fort Lupton
Building Inspection _Frederick
____Garden City
STATE _Gilcrest
v X Division of Water Resources ____Greeley
_Geological Survey _Grover
_Department of Health _Hudson
Highway Department _Johnstown
_
_Historical Society _Keenesburg
Water Conservation Board _Kersey
_
Oil and Gas Conservation Commission _La Salle
_Lochbuie
FIRE DISTRICTS Longmont f_ .2-1-P7
_Ault F-1 X Mead a -,w 0t1 Cc.Qc,.. .;.z;t... .
Berthoud F-2 _Milliken
_
_Brighton F-3 New Raymer
Dacono F-19 __Nunn
_
Eaton F-4 _Platteville
_
Fort Lupton F-5 Severance
_
Galeton F-6 _Windsor
Hudson F-7
_
_Johnstown F-8 COUNTIES
La Salle F-9 _Adams
_
Longmont F-10 X Boulder
Milliken F-11 _Larimer
_
Nunn F-12
_
Pawnee
Platteville F-13 FEDERAL GOVERNMENT AGENCIES
_
_Platte Valley F-14 _US Army Corp of Engineers
Poudre Valley F-15 _USDA-APHIS Veterinary Service
Raymer Federal Aviation Administration
_Southeast Weld F-16 _Federal Communication Commission
_Windsor/Severance F-17
Wiggins F-18
_Western Hills F-20 SOIL CONSERVATION DISTRICTS
Brighton
OTHER _Fort Collins
Central Colo. Water Conservancy Dist. _Greeley
_
Panhandle Eastern Pipe Line Co. _Longmont
_
Tri-Area Planning Commission _West Adams
X Ish Reservoir Company
COMMISSION/BOARD MEMBER
890549
!rte4,6ivi. MEMORAI1DUM
Vi` a To Weld County Planning May 9, 1989
Date k 9
f
Environmental Protection Services \
COLORADO From Environmental `J U
Case Number: RE-1171 Name: Stell, William and Joann
Subject:
Environmental Protection Services has reviewed this proposal and recommends
for approval, subject to the following conditions:
1. Weld County Septic Permit is required for the proposed home septic
system and shall be installed according to the Weld County
Individual Sewage Disposal Regulations.
2. An ISDS Evaluation on all existing septic systems will be necessary
prior to issuing the required septic permits on the existing
systems.
EPS/cs•
...-„.it1-I! n
„)?,,,., . , ,
1r:11\
;').';')
1441 0 1989
u,
. ...,
NId Cb. Plirun[ .::4nns^d,p
890549
DEPARP4ENT OF PLANNING SERVICES
PHONE(303)358.4000 EXT.4400
915 10th STREET
W GREELEY,COLORADO 80631
i CASE NUMBER RE-1171
COLORADO
May 4, 1989
TO WHOM IT MAY CONCERN:
Enclosed is an application from William E. and JoAnn D. Stell for a recorded
exemption. The parcel of land is described as Si DWI and N-3/8 NI SWI of
Section 6, T3N, R68W of the 6th P.M. , Weld County, Colorado. The location
of the parcel of land for which this application has been submitted is east
of Weld County Road .1, approximately .25 miles south of Weld County Road 38.
This application is submitted to you for review and recommendation. Any
comments or recommendation you consider relevant to this request would be
appreciated. Your prompt reply will help to facilitate the processing of
the application and will ensure prompt consideration of your recommendation.
Please reply by May 18, 1989, so that we may give full consideration to your
recommendation. Please call Lanell J. Curry, Current Planner, if ycu have
any questions about the application.
Check the appropriate boxes below and return to our address listed above.
1. We have reviewed this request and find that it
does/does not) comply with our Comprehensive Plan for the
following reasons.
0 We do not have a Comprehensive Plan, but we feel this request
}� (is/is not) compatible with the interests of our
-ar 74l
c town for the following reasons:
S NI
.o ai We have reviewed the request and find no conflicts with our
zl 11//
interests.
• A formal recommendation is under consideration and will be
submitted to you prior to:
5. Please refer to the enclosed lette .
Signed G�Q��( Agency: �Al Ad
Date: ,S. 22. e 7.
890549
hEcENED MAY 1 61989 S; ,'tPP-D MAY 2 21':�
•
E,
ROY ROMER 40.
Q ���
4" O JERIS A.DANIELSON
Governor O State Engineer
* /876`
OFFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOURCES
1313 Sherman Street-Room 818
Denver, Colorado 80203
(303) 866-3581
May 26, 1989
clQ� IG�e"at,ry��r'I�
i (. �Y 3 0 1989 )
Ms. Lanell J. Curry, Current Planner Wefd Co. Plflaamu adtewrrwo
Weld County Dept. of Planning Services
910 10th Street
Greeley, CO 80631
Re: Case No. RE 1171; William E. Steil
Sec. 6, T3N, R68W, 6th PM
Dear Ms. Curry_
We have reviewed the above referenced proposal to split a 110 acre parcel
into two lots of 100 and 10 acres. Each lot would support one single-family
dwelling. The proposed water supply is to be either the Little Thompson
Valley Water district or individual wells. The District does not currently
have service to this area but plans to construct a line in 1990. They have
indicated that they will provide service after the line is constructed.
Information available in our files indicates that the District has sufficient
water resources to serve this development and we would not object to 'approval
of this proposal based on the District as the water supplier.
As an alternate, the applicant may want to supply water from individual
wells. One domestic well permit will be available for the 100 acre lot upon
application. Regarding the 10 acre lot, we could issue an additional
household use only well if the conditions listed below can be met. The
availability of a well permit and our recommendation for approval is subject
to the following conditions:
1. The property has not been previously subdivided or exempted since
1972. We consider this as a one-time exemption and will not make
additional permits available for future splits of either tract for
lots less than 35 acres.
2. The well permit which will be available will be limited to use inside
one single-family dwelling only. Outside use for lawn and garden
irrigation is prohibited. Plat notes and covenants should reflect
this limitation.
3. The applicant should provide proof that an evaporative wastewater
system will not be required. We could not issue the well permit if
any evaporative system is required.
g90549
Lanell J. Curry Page 2
April 26, 1989
4. Prospective lot purchasers should be made aware of the limitations on
water use and other information contained in this letter. We
recommend that a copy of this letter be given to lot purchasers and
submitted with the well permit application.
If the conditions stated above are met and found acceptable to the
applicant, then we can recommend approval based on individual wells.
Sincerely,Ill
ITV . J'n�/!s.
Hal D. Simpson, P.S.
Deputy State Engineer
HDS/JTS:
cc: Alan Berryman, Division Engineer
Setve Lautenschlager
890549
LANDconsultants
Land use • Analysis• Negotiation • Development
June 13 , 1989
Ms . Lanell Curry
Current Planner
Weld County Dept . of Planning Services
915 10th Street
Greeley, CO 80631
RE: Participation in Recorded Exemption for
Steil Property by the Wilsons
Dear Ms . Curry:
Attached please find a notarized statement from Mr. and Mrs .
Wilson agreeing to include a portion of their property in the Stell
Recorded Exemption. Based upon our last phone conversation, this
document should complete our file.
I have 1 question which you can no doubt answer. Once the
recorded exemption is approved by the staff, what is the time frame
within which we must submit the actual survey for recording? I would
appreciate your answer to this question.
We look forward to your favorable action on this project. Please
advise as to its disposition at your earliest convenience.
Very Truly Yours,
lAND consultants
� 0
Michael B. McDonougS, AICP
Principal
xc: Ted Schey
File
attachment
u °IP)5,0 Wisl
JUN 15 7989
Weld Co. Plums Cuauiwuu
890549
436 Pratt Street• Longmont.Colorado 80501 • 303-776-3147
t � �
LANDconsultants
Land use •Analysis • Negotiation • Development
May 15 , 1989
Ms. Lanell Curry
Current Planner
Weld County Dept . of Planning Services
915 10th Street
Greeley, CO 80631
RE: Participation in Recorded Exemption for
Stell Property
Dear Ms. Curry:
We the undersigned hereby agree to be a party to the Recorded
Exemption requested by William E. and JoAnn D. Steil by including a
portion of our property lying west of the centerline of the Ish
Ditch. We understand that our participation in the Recorded
Exemption will not result in any liability to us for payment of any
expenses incurred.
Thank you for your assistance on this application.
SlIincerely,
"
William R. Wilson Leah G. Wilson
Owner Owner
STATE OF COLORADO )
COUNTY OF WELD
The foregoing instrument was acknowledged before me this a
day of YIN-c..1 , 19$x. My Commission Expires April 22, 199
My Commission expires 1424A7thStmet
Witness my hand and .a f '
f( ' ,1Cygddo180202-3103
O3�cc‘c ::r
acel
Notary Public,
./1 fJ '< •
a)OTQ—irti
JUN 1 5 1989
436 Pratt Street• Longmont, Colorado 80501 • 303-776-3147 weld Co. phone Gnmm!sswu
89@549
DEPARTMENT OF PLANNING SERVICES
' r ``
PHONE(303)356.5000 EXT.
915 10th STREET
GREELEY,COLORADO ADO 80631
WI i k
COLORADO
May 4, 1989
•Mr. Michael B. McDonough, AICP
436 Pratt Street
Longmont, CO 80501
Subject: RE-1171 - William E. and JoAnn D. Stell
Dear Mr. McDonough:
Your recorded exemption application is complete and in order and will be
processed on or before May 25, 1989. If it is determined that the
application meets the approval criteria of Section 9-2 E. (1) (a) through
(m) of the Weld County Subdivision Regulations, 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.
If you have any questions concerning this matter, please feel free to call
me.
Respectfully,
Lanell J. Curry L ✓
Current Planner
pc William E. and JoAnn D. Steil
3003 Valmont Road, #132
Boulder, CO 80301
890549
Hello