HomeMy WebLinkAbout891256.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 1218 - STANLEY E. AND MARY
E. ODENBAUGH
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) , 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. 1218 , does not
come within the purview of the definition of the terms,
"subdivision" and "subdivided land" , and
WHEREAS, the request for Recorded Exemption No. 1218 was
submitted by Stanley E. and Mary E. Odenbaugh for property which
is located in part of the W} of the NW$ of Section 1, Township 3
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 45 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:
891256
Page 2
RE: RE #1218 - ODENBAUGH
1. 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.
2. Prior to recording the plat, the applicants shall submit
an easement agreement granting access across the west 30
feet of Lot A and Lot B of RE-1218 for the benefit of
Lot B of RE-577 . The easement shall be shown on the
recorded exemption plat and the easement agreement shall
be recorded with the mylar plat for RE-1218.
3. Prior to recording, the following note shall be placed
on the recorded exemption plat:
a. Within 30 days of approval , the applicant shall
apply for a new well permit for the ten acre
parcel. The well on the ten acre parcel is limited
to household use only and the watering of domestic
animals. A copy of the new permit shall be
submitted to the Department of Planning Services.
b. A Flood Hazard Development Permit will be required
for any new construction or the substantial
improvement of existing structures in the Floodway
or Floodprone Districts located on the property.
c. Access shall be provided to the proposed larger lot
from Weld County Road 38 and not from the 30 toot
access easement along the west side of the proposed
smaller lot.
4 . 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 60 days
from the date of approval by the Board of County
Commissioners. The applicant shall be responsible for
paying the recording fees.
891256
Page 3
RE: RE #1218 - ODENBAUGH
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 29th day of
November, A.D. , 1989 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: Y-Pc-W1 WELD COUNTY, COLORADO
Weld County erk and Recorder
and Clerk to the Board C. irby��Z , Qhairman
,�//
O11(-114-; V/ ( ,�� e e R. BrantelelAte
,Prro-Tem
eputy County rkiraf« QY-
APPROVED AS TO FORM: onstance L. arbertrt
EXCUSED
George -nny
1074,02
County Attorney
Gor• .fw .
891256
CONDITIONS OF APPROVAL
RE-1218
Stanley E. and Mary E. Odenbaugh
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.
Prior to recording the plat, the applicants shall submit an easement
agreement granting access across the west 30 feet of Lot A of RE-1218 for
the benefit of Lot B of RE-1218 and Lot B of RE-577. The easement shall be
shown on the recorded exemption plat and the easement agreement shall be
recorded with the mylar plat for RE-1218.
Prior to recording, the following note shall be placed on the recorded
exemption plat: afta (
trtj
Within 30 days of approval, the applicant shall obieectr a new well
permit for the ten acre parcel. The well on the ten acre parcel is
limited to household use only and the watering of domestic animals. A
copy of the new permit shall be submitted to the Department of Planning
Services.
A Flood Hazard Development Permit will be required for any new
construction or the substantial improvement of existing structures
in the Floodway or Floodprone Districts located on the property.
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
9-2 C. (4) of the Weld County Subdivision Regulations. The plat shall be
submitted within 60 days from the date of approval by the Board of County
Commissioners. The applicant shall be responsible for paying the recording
fees.
891256
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891256
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DEPARTMENT OF PLANNING SERVICES
PHONE(303)356-4000,EXT.4400
915 10th STREET
GREELEY,COLORADO 80631
COLORADO
November 29, 1989
Board of County Commissioners
Weld County Centennial Center
915 10th Street
Greeley, Colorado 80631
Subject: Recorded Exemption #1218
Dear Commissioners:
This request for a recorded exemption is submitted by Stanley E. and Mary E.
Odenbaugh. The parcel of land is described as part of the W} of the NW} of
Section 1, T3N, R67W of the 6th P.M. , Weld County, Colorado. The property
is located approximately 3 miles northwest of Platteville, south of Weld
County Road 38 and approximately 2 miles west of Highway 60. This request
is to divide a 55 acre parcel, which is Lot A of a previously approved
recorded exemption, into two lots of 45 acres and 10 acres, more or less.
This parcel is the total contiguous land holdings of the applicant.
It is the opinion of the Department of Planning Services' staff that the
applicant has failed to show in the submitted application materials how this
request is consistent with the Weld County Comprehensive Plan and efficient
and orderly development. The guidelines used to allow a division of an
agricultural lot into two separate lots are outlined in Agricultural Policy
7. The intent of this policy is to:
A. Enable the property owner who is retiring an opportunity to
live on or sell the existing farm improvements;
B. Enable the property owner to sell off agricultural land that
is nonproductive for one single family dwelling homesite; and
C. Enable the property owner to provide a residence for direct
members of the farm family and also for workers employed at
the farm.
It is the opinion of the Department of Planning Services' staff that the
intent of the recorded exemption process is not to alleviate financial
stress as stated in the application materials.
821256
Board of County Commissioners
November 29, 1989
Page 2
The level of development and the potential for continued divisions occurring
in this area and on both parcels warrants concern. The parcel in question
is Lot A of a recorded exemption which was approved in 1983, creating this
55 acre parcel and a 27 acre parcel to the south. A 30 foot access easement
was created as part of the recorded exemption on the west property line of
the 55 acres. If this recorded exemption application is approved, the 30
loot access easement would have to supply access to three lots.
The staff has concerns about the adequacy of a domestic water source for the
proposed ten acre parcel. In its letter of November 8, the Office of the
State Engineer, Division of Water Resources, stated that a new well permit
must be obtained for the ten acre parcel if this recorded exemption is
approved. The new permit would limit the use of the well to household use
only and watering of domestic animals since the well would then be located
ou a parcel less than 35 acres. A domestic well permit would be available
for the remaining 45 acre parcel.
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) of the Weld County Subdivision Regulations have been met.
Respectfully submitted,
1% 14114/6". E; ti
Lanell J. Curry
Current Planner
LJC:r;g
891256
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FIELD CHECK
FILING NUMBER: RE-1218 DATE OF INSPECTION: October 20, 1989
NAME: Stanley E. and Mary E. Odenbaugh
REQUEST: Recorded Exemption
LEGAL DESCRIPTION: Part of the Wi NW} of Section 1, T3N, R67W of the 6th
P.M. , Weld County, Colorado
LOCATION: South of Weld County Road 38, east of Weld County Road 23
right-of-way
LAND USE: N Weld County Road 38, productive farmground
E Productive farmground
S Oil and gas production, farmground
W Nonproductive farmground, oil and gas production
ZONING: N A (Agricultural)
E A (Agricultural)
S A (Agricultural)
W A (Agricultural)
COMMENTS:
Access to both lots is from Weld County Road 38, a gravel road, on a private
30 foot access easement.
Proposed Lot A contains a residence and pasture. Proposed Lot B has been in
row crops.
4Y;
a ell J. u ry
Current Planner
891256
APPLICATION FOR RECORDED EXEMPTION
PHONE: 356-4000, Ext. 4400
Department of Planning Services, 915 10th Street, Greeley, Colorado 80631
FOR PLANNING DEPARTMENT USE ONLY:
c.c
APPL. FEE 350 —
CASE NO. RECORDING FEE
ZONING DISTRICT RECEIPT NO. iiito'3
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:
Lot A , Recorded Exemption No . 1209-1-2-RE 577 ,
being located in the W 1/2 NW 1/4, Section 1 ,
Township 3 North, Range 67 West of the 6th F .1.. ,
Weld County , Colorado
TOTAL ACREAGE: 'T)4. ()
Has this property been divided from or had divided from it any other property since
August 30, 1972? Yes X No
Is this parcel of land under consideration the total Corti r -17,
1 applicant? Yes 7 No
FEE OWNERS OF PROPERTY: 0CT 1 7 1989
L]L.___
Name: Stanley S. . and Mary E. Odenbaugh
Weld Du, MHO% bummiZuli
Address: 11100 W.C .R . 38 . Platteville , Co .Phone: 737-2317
Name:
Address: Phone:
Name:
Address: Phone:
Proposed
WATER SOURCE: Larger Parcel Well Smaller Parcel Well
Proposed
TYPE OF SEWER: Larger Parcel Septic Smaller Parcel Septic
PROPOSED USE: Larger Parcel Agricultural Smaller ParcelAgricultural
ACREAGE: Larger Parcel 45 acres Smaller Parcel 10 acres
EXISTING DWELLINGS: (Yes or No) No (Yes or No) Yes
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 best of my knowledge.
COUNTY OF WELD f,
1
STATE OF COLORADO )
Signature: er or Authorized nt
Subscribed and sworn to before me this /t day of Pct , 19 17
(SEAL)
Notary Public
My Commission Expires / - /z! - go
891256
Proposed Exemption :statement
The reason for requesting a recorded exemption is
due to the depressed markets in the agricultural industry
during the time we have owned this property. Each year
has put more stress on our financial situation, yet we
do not want to lose the home we have made and the way of
life that being: in the country offers our family.
We have a contract on 45 acres of the original 55
acres which we purchased . The sale of the 45 acres will
be at a considerable loss from the price which we paid,
showing that the sale and request for a recorded exemption
is not for profit, but of necessity. Our families have
been in this area for 50 plus years, and by granting this
request, allows us to remain in the community in which
we are established .
loth proposed lots will remain agriculture , with
the boundaries being drawn along existing ditches , fences ,
and land contures. All easements, right-of-ways, and
accesses will remain the same .
Our well and septic systems are already established.
All the property under consideration is above any
flood plain.
631256
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1 �\ C c, ,c; 1 t
is printed portions of this form approved
• by the Colorado Real Estate Commission
(BC 25-2-81)
FARM AND RANCH CONTRACT
TO BUY AND SELL REAL ESTATE
(Remedies include Specific Performance)
THIS IS A LEGAL INSTRUMENT.IF NOT UNDERSTOOD.LEGAL.TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING
September 6 19 89
Niles A. Shumake r
1 The undersigned agent hereby acknowledges having received from
the sum oft 5 ,000.00 .in the form of a check to be held by A. Bruce Johnson broker.in broker's escrow or trustee account.as earnest money and part
payment for the following described real estate in the said County of Weld
Colorado to wit:
Lot A of Amended Recorded Exemption No. 577 being part of the W1 NW' of Section
1 . Township 3 North, Range 67 West of the 6th P.M. NOTE: Amended RE will be
completed prior to closing by Seiler at seller' s cost and to include ail of Lot
A of RE 577 except 9.6 acres + with the seller' s residence which seller is
reserving. See vicinity Contingent map. upon obtaining recorded e emptio
Purchaser shall have the right of ingress and egress along 30 ft . easement on -17/1
y� J.,
west side of property. Purchaser is buying 45 acres . (
together with all easements and rights of way appurtenant thereto.and all improvements thereon and all fixtures of a permanent nature currently on the
premises except as hereinafter provided.In their present condition.ordinary wear and tear excepted,known as No.
.and hereinafter called the Property.
tanew see.....Coy.Zip)
2.The undersigned person(s)
Niles A. Shumaker (a single person) .
(as joint tenants/tenants in common).hereinsner called Purchaser.hereby agrees tabus,the Property.and the undersigned owner(s),hereinafter called
Seller hereby agrees to sell the Property upon the terms and conditions stated herein.
3.The purchase price shall be U.S.S 75,000.00 ,payable as follows: $ 5,000.00 hereby receipted for:
$70,000.00 in cash or certified funds at time of closing.
s. Price to include the allowing Dersonalproperty: irrigation well , electric motor and panel
to be conveyed by bill of sale at time of closing in their present condition.free and clear of all personal property taxes.liens and encumbrances.except
•
and except any personal property liens in any encumbrance specified in paragraph 12.The following fixtures of a permanent nature ere excluded from
this sale:
none .
5 Pricetoincludethefollowmgwaterrights: 1 irrigation well registered with the State Engineer as No. 1 -
12022 and adjudicated in Case W-0287, Water Court, Water Division I .
e.If a new loan is to be obtained by Purchaser from a third party.Purchaser agrees to promptly and diligently(a)apply for such loan.(b)execute all
documents and furnish all information and documents required by the lender,and ica pay the customary costs of obtaining such loan.Then if such loan is
not approved on or before September LL 1 ,Ia 25 y_ .or if so approved but is not available at time of closing.this
contract shall be null and void and all payment.and things of value received hereunder shall be returned to Purchaser.
7.If a note and trust deed or mortgage is to be assumed.Purchaser agrees to apply for a loan assumption if required and agrees to pay(I)a loan transfer
fee not to exceed S n/a and(2)an interest rate not to exceed elb per annum.If the loan to be as-
sumed has provisions for a shared equity of variable Interest rates or variable payments.this contract is conditioned upon the Purchaser reviewing and
consenting to such provisions.If the lender's consent to a loan assumption is required.this contract is conditioned upon obtaining such consent without
change in the terms and conditions of such loan except as herein provided.
8 If a note is to be made payable to Seller as partial or full payment of the purchase price.this contract shall not be assignable by Purchaser without
written consent of Seller.
9.Cost of any appraisal for Iloan[ purposes
s.tto6be obtained after this date shall be paid by purr ha e r
10�9'r�i)b$t/ by.)f Ii f'6%i, /iRP �Y 1≤e4pf q+kit 4O1e/gent current committment for title insurance policy in an amount equal to the purchase price.at
Seller's option and expense.shall be furnished to Purchaser on or before September 21 .19 89 . If Seller elects to fur-
nish said title insurance committment.Seller will deliver the title insurance policy to Purchaser after closing and pay the premium thereon
I1 The date of closing shall be the date for delivery of deed as provided in paragraph 12.The hour and place of closing shall be as designated by
A. Bruce Johnson & Associates, Ltd. N\\.
12 Title shall be merchantable in Seiler,except as stated in this paragraph and in paragraphs 13 and 14.Subject to payment or tender as above
•
and compliance by Purchaser with the other terms and provisions hereof.Seller shall execute an deliver a good and sufficient i,
gene ra 1 warranty deed to Purchaser on (catch r"Ita ,042 . 19 89 .or.by mutual agreement. \'•
at sn earlier date.conveying the Property free and clear of all taxes.except the general taxes for the year of closing.and except t
:free and clear of all liens for special miprnvennmt' ,\
installed as of the date of Purchaser's signature hereon.whether assessed or not:free and clear of all liens and encumbrances except
except the following restrictive covenants which do not contain a right of reverter none that are uncommon for the area
and ex tthe following specific recorded and/or apparent easements: county and private roads , gas and utiiity
i
lines, irrigation ditches and subject to building and zoning regulations.
891256
13 Except as stated in paragraphs'12 and U.). ..tie is not merchantable and written notice of delect(e..s given by Purchaser or Purchaser's agent to
Seller or Sellers agent on or before date of closing.Seller shall use reasonable effort to correct said defect(.)prior to date of closing.1 f Seller,s unable to
correct said de fetus)on or before date of closing.at Sellers option and upon written notice to Purchaser or Purchaser's agent on or before date of closing
the date of closing shall be extended thirty days for the purpose of correcting said defect(sl.Except as stated in paragraph 14.if title is not rendered mer-
chantable as provided in this paragraph 13.at Purchasers option.this contract shall be void and of no effect and each party hereto shall be released from
all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser.
14 Any encumbrance required to be paid may be paid at the time of settlement from the proceeds of this transactionorfrom any other source.Provided
hr sever.at the option of either party.if the total indebtedness secured by liens on the Property exceeds the purchase price.this contract shall be void and
•ect and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be re-
,rchaeer.
taxes for the year of closing.based on the most recent levy and the most recent assessment.prepaid rents.water rents,sewer rents.FHA
tame insurance premium and interest on encumbrances.if any,and seller to pay all 1989 taxes;
shall be apportioned to date of delivery of deed.Purchaser shall be responsible for any sales and use tax that may accrue because of this transaction
16 With respect to the growing crops Seller and Purchaser agree as follows: seller to ra t a i n all 1989 crops.
]7. Possession of the Property shall be delivered to Purchaser on closing or when 1989 corn crop is harvested ,
subject to the following leases or tenancies
none other than oil and gas lease, if any.
If Seller fails to deliver possession on the date herein specified.Seller shall be subject to eviction and Shall be liable for a daily rental of
S 20.00 until possession is delivered.
18.The risk of loss from any damage to the improvements by fire or other casu alty prior to the date of closing shall be on Seller:provided.however.that
if Seller shall maintain insurance on said improvements which will compensate for the full replacement value thereof.and if Purchaser elects to carry
out this contract despite such damage.Purch hall be entitled to all such insurance proceeds The risk of loss for any damage to growing crops by fire
or other casualty.shall be borne by the party entitled to said crops as provided in paragraph 16.and such party shall be entitled to the insurance proceeds
it any
19 Time is of the essence hereof.It any note or cnecx received as earnest money hereunder or any other payment due hereunder is not paid.honored or
tendered when due.or if any other obligation hereunder Is not performed as herein provided.there shall be the following remedies:
(a)IF SELLER IS IN DEFAULT.(I)Purchaser may elect to treat this contract as terminated.in which ease all payments and things of value received
hereunder shall be returned to Purchaser and Purchaser may recover such damages as may be proper,or(2)Purchaser may elect to treat this contract as
being in full force and effect and Purchaser shall have the right to an action for specific performance or damages,or both.
lb)IF PURCHASER IS IN DEFAULT.(1)Seller may elect to treat this contract as terminated.in which case all payments and things of value re-
ceived hereunder shall be forfeited and retained on behalf of Seller and Seller may recover such damages a may be proper,or(2)Seller may elect to treat
this contract as being in full force and effect and Seller shall have the right to an action for specific performance or damages.or both.
(c)Anything to the contrary herein notwithstanding.in the event of any litigation arising out of this contract.the court may award to the prevailing
party all reasonable costs and expense,including attorneys'fees
20 Purchaser and Seller agree that in the event of any controversy regarding the earnest money or things of value held by broker.unless satisfactory
mutual written instruction is received by broker.broker shall not be required to take any action but may await any proceeding.or at broker's option and
discretion.may interplead any moneys or things of value into the court and may recover court costs and reasonable attorneys'fees.
21. Additional provisions:
a ) Deed restriction that no building to be built within 400 feet of seller' s home .
b) Seller he - we—up t. I elm, pt
eft-el., tegetiter with aR---eas.e-meet-astral:..-hbe--$reps ty--4.e--t-lre--rei;esr+ud ind
c ) Seller reserves hunting rights for himself and his children.
d) Seller agrees to pay all recorded exemption fees.
e ) Purchaser hereby acknowledges that A. Bruce Johnson & Associates, Ltd . and its agents are
the agents of seller and are not representing purchaser as purchaser ' s agent in this
transaction. However, it is our policy to serve the purchaser in a fair, honest and forth-
right manner using good business practices to effect a fair and equitable transaction.
22 If this proposal is accepted by Seller in writing and Purchaser receives notice of such acceptance on or before Sept PMINrir
19 89 .this instrument shall become a contract between Seller and Purchaser and shall inure to the benefit of the heirs.successors and assigns of
such parties.except as stated in paragraph 8.
krr1 ( - a(' tClArne,C3, 9/6/89 Broker A. BRUCE JOHNSON & ASSOCIATES, Ltd.
Purchaser Niles A. Shumaker Date
By . .
Purchaser Date ruce
Purchasers Address
(The following stelae(to be completed by Seller and Listing Agent)
23 Seller accepts the above proposal this t) day of SeDtembe r As 89 . and agrees to pay a commission of
$4.000.00 Wof the purchase price for services in this transaction.and agrees that.in the event of forfeiture of payments and things of
of value received hereunder.such payments and things of value shall be divided between listing broker and Seiler one-half there of to said broker.but not
to exceed commission. and the balance to Seller.
eel er tent. . 0 en tug Seller Mary. adenbaugh
Sellers Address 11100 WCR 38, Platteville, CO 80651
Listing Broker's Name and Address A. Bruce Johnson & Associates, Ltd.
801 8th St . , Suite 220 •
• Greeley, CO 80631
Section 21-B- to read, Seller and any future owner of
Retained property has the ri.fyht to lease 'the well and
pay purchaser for its use up to 1 day per week at a cost
UPDATE LEGALFORMS of $15 per day , on the days used . Seller will rive
eo Bn. I B15•Greeley.Colorado 80632 purchaser 2 day notice for delivery, together w i_ ti nn )))))
13031356-1199
easement across property to reserved land .
9-
891256 Q-
C DRADO DIVISION OF WATER RE.:, ,::,L:; RECEIVED
�' - 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
I MAR 1 0 1983 r)
PERMIT APPLICATION FORM
Application must WATER REaaURCES
be complete where ( I A PERMIT TO USE GROUND WATER SIAIE-ENGINEER
applicable. Type or (.1 A PERMIT TO CONSTRUCT A WELL COW.
print in BLACK FOR: ( ) A PERMIT TO INSTALL A PUMP
INK. No overstrikes
or erasures unless ( I REPLACEMENT FOR NO.
initialed. ( ) OTHER
WATER COURT CASE NO.
(1) APPLICANT - mailing address FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN
NAME STifity -J • t 2r4i/�vv. ( Receipt No. E≥ I Q 19 /
G -
STREET �/Box,C /vv.
// /Z �/ Basin Dist.
CITY/ ≤cc/le h`r). y,J_L1517 .
(sm.) (/,p) CONDITIONS OF APPROVAL
TELEPHONE NO. /8 5 - 2 -S--2 / This well shall he used in such a ,vav ,s 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
Coun Y Lie/d right from seeking relief in a civil court action.
/< of the 4/ '-' /, Section / 1) APPROVED PURSUANT TO CRS 1973, 37 .92- 602 (3)
/ .4 (b) (11) AS THE ONLY WELL ON A TRACT OF LAND
Twp. 3 , Rng. G72. -1„, tL-, P.M. DESCRIBED AS S5 ACRES /h a//9tf/asp Dr;ell�
,N.sl iE,WI 1c// Na"7 .5=c, 0 7—.3J11> 1�76d 6:4! iiIJ.J
(3) WATER USE AND WELL DATA Cgeoi'{kif Ebrf/o t /Kauai as ten` is frsnSrs-ii rry
eFaTOT acres
Proposed maximum pumping rate (gpm) / C
2) THE USE OF GROUNDWATER FROM THIS WELL IS LIMITED
Average annual amount of ground water / TO FIRE PROTECTION, ORDINARY HOUSEHOLD PURPOSES
to be appropriated (acre-feet): INSIDE A SINGLE FAMILY DWELLING, THE IRRIGATION
Number of acres to be irrigated: OF NOT MORE THAN ONE ACRE OF HOME GARDENS
AND LAWNS, AND THE WATERING OF DOMESTIC ANIMALS.
Proposed total depth (feet): Cif)
3) THE RETURN FLOW FROM THE USE OF THE WELL
Aquifer ground water is to be obtained from: MUST BE THRU AN INDIVIDUAL WASTE WATER DISPOSAL
SYSTEM OF THE NON - EVAPORATIVE TYPE WHERE THE
C"` `" / - WATER IS RETURNED TO THE SAME STREAM SYSTEM IN
WHICH THE WELL IS LOCATED.
Owner's well designation
GROUND WATER TO BE USED FOR:
J'PP) HOUSEHOLD USE ONLY - no irrigation (0)
VI—DOMESTIC (1) ( ) INDUSTRIAL (5) } _ y
,
LIVESTOCK (2) ( ) IRRIGATION (6) Y,.__ I I k
( I COMMERCIAL (4) ( ) MUNICIPAL (81 t..a s �"�') �^• 1 E
( 1 OTHER (9) APPLICATION APPROVED
DETAIL THE USE ON BACK IN (11) 130989
PERMIT NUMBER
(4) DRILLER APR 2 6 1983
• DATE ISSUED
Pe tJr/l
Name •� �� EXPIRATION DATE APR / U jo3.
Street /9 ./Z• �`Sf, ,4,1 �r „_f„u,,,S. 891256
City (1)ir� Ci �l/,, �ru.,/0 3/ t. (STATE ENGI R
(State) d'�L(zip) As57 bc' 1 O
3 S ""3//O S �3 BY Zs v—tY�
Telephone No. Lic. No.
I.D.D. Z _ COUNTY b 2
LULFA I IU N Ur I HE PROPOSED WELL and the aiea on (6) THE WELL MUST BE LOCATED BELOW
which the water will be used must be indicated on the diagram below. by distances from section lines.
Use the CENTER SECTION (1 sectior "40 acres) for the well location.
•
'{- — -}- — .+ - -I- — -4-- — -}- -- --l- - ± - -I- -/- c )c. ft. from it's..:-'/ C sec. line
XI - (noun or south)
•� --1 MILE,5280 FEET—j CCC) ft. from �✓•'Sor J
sec. line
f +. ±
+ + - + + + ±
(east west)
LOT BLOCK FILING x
-I- — --I- — _i NORTH SECTION LINE _ SUBDIVISION
I —
f I (7) TRACT ON WHICH WELL WILL BE
NORTH
I _ + — _ — + _ —m LOCATED Owner: S�.../�J ,E'. Udr�6„J
+
LI vDi + ± No. of acres Will this be
w I
+ o m the only well on this tract? 4/"")
I w I z° (8) PROPOSED CASING PROGRAM
tn
r- I Plain Casing
m I.
I I
< in. from It. to 2 r1 if.
+ ) — I from
T- — _ I — ._—fi. iG ft.
SOUT:!SECTION LINE _� —1- -- 4- I Perforated casing
1 in. from ?Ci ft. to S (---1ft
+ + I + + + 4 -- —I- in. from ft. to_ ;t.
I I I I (9) FOR REPLACEMENT WELLS givedistance
4_ - 4 - +- - + - -r- - _4_ -- 4_ - + - + and direction from old well and plans for plugging
t:
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:
Ownerls): STi/.-u/E)� t ' .a4?.��.ti . /1/r._, I,oa (, No. of acres: <_S
Legal description: rj ' $..—V 4eCr-F l` ... . - „ - Gr ; Y _ �ttc
(11) DETAILED'DESGTRIPTION of the use of ground wydter: Household use and domestic well rir t indi ate type dnis osal�
system to be used.
l--)0w7 ri"d. c / P
I C. S ter .<,
Li J L AU/ r%' /...7.C j Air, c .(. f trio/ c/tincjiac
(12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers.
Type or right Used for (purpose)/ Description of land on which used
t.v.= / ief''9,, /-,ors
F Samar . s' / O
(13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS
TRUE TO THE BEST OF HIS KNOWLEDGE.
� �r >z c acu
S GNATUREEPPL ICANT(S)
�� l 01, "s Lr r L '>,
a
V
Use additional sheets of paper if more space is required. 891256
REFERRAL LIST
NAME: Stanley E. and Nary E. Odenbaugh CASE NUMBER: RE-1218
REFERRALS SENT: October 18, 1989 REFERRALS TO BE RECEIVED BY: November 1, 1989
COUNTY TOWNS and CITIES
Attorney Ault
X Health Department YBrighton
_Extension Service J_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
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
_Ault F-1 Mead
Berthoud F-2 Milliken
_
Brighton F-3 New Raymer
_
Dacono F-19 Nunn
_Eaton F-4 X 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 _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
X Western Mutual Ditch Co.
2o Edward C. Fritzler
20730 Road
Weld County Road 31 �
La Salle, CO 80645 31
C 891256
tssit. (11EORAflDU
Wok Weld County Planning November 1, 1989
To Date
Environmental Protection Services �� Puth,..\--
COLORADO From
Case Number: RE-1218 Name: Odenbaugh, Stanley & Mary
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.
WP276/cs
0 '.L1-.'i ,i;)5‘,-,1 \,,Vij -p;
1 0 C T 11989 ► 12
LL 1
L__l.
W@fli CD. ulaiciAt '”trliia:.zb.
891256
OFCO�
�
A off'
ROY ROMER hT " � ��' JERIS A. DANIELSON
Governor I`n "` Stale Engineer
* da *I
*/876 v/
OFFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOURCES
1313 Sherman Street-Room 818
Denver, Colorado 80203
(303) 866-3581
November 8, 1989
Ms. Lanell J. Curry
Weld County Planning Department
915 10th Street
Greeley, CO 80631
Re: Odenbaugh Recorded Exemption
Sec. 1, T3N, R67W, 6TH PM
Dear Ms. Curry:
We have reviewed the above referenced proposal to separate a 55 acre parcel into two
lots of 45 and 10 acres. There is an existing well on the proposed 10 acre lot, permit
number 130089. This well may continue to serve the existing dwelling, however a new
well permit must be obtained to reflect that the well is now the only well on a tract
of 10 acres. The new permit will limit use to household use only and watering of
domestic animals. We recommend approval conditional upon the applicant obtaining a new
well permit for the 10 acre parcel . The availability of a permit for the 45 acre parcel
will be the same as for tract of 35 acres or more.
Sincerely, �L
qrsin1 `yid z?:, .,2 I
James R. Hall , P.E.
Supervising Water Resource Engineer
JRH/JTS
cc: Alan Berryman, Division Engineer
Bruce DeBrine
{ ,i
`r„_ ]?' 1�r. I r 11i 1 ry-
ce,
1 �r
rU�a �Ji
i?t;d 4'a. 9,,tdi,
831256
DEPART SNIT OF PLANNING SERVICES
f\?ftl1
r PHONE(303)356-4000 EXT.4400
915 10th STREET
GREELEY,COLORADO 80631
WI I D
CASE NUMBER RE-1218
COLORADO ,u, L, .. ;,., ,
October 18, 1989
TO WHOM IT MAY CONCERN:
Enclosed is an application from Stanley E. and Mary E. Odenbaugh for a
recorded exemption. The parcel of land is described as part of the W} NW}
of Section 1, T3N, R67W of the 6th P.M. , Weld County, Colorado. The
location of the parcel of land for which this application has been submitted
is approximately 3 miles northwest of Platteville; south of Weld County Road
38, approximately 2 miles west of Highway 60.
This application is submitted to you for review and recommendation. Any
com*nents 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 November 1, 1989, so that we may give full consideration to
your recommendation. Please call Lanell J. Curry, Current Planner, if you
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/dosaegmet) comply with cur Comprehensive P an for the
following reasons.
2. We do not have a Comprehensive Plan; but we feel this request
(is/is not) compatible with the interests of our
town for the following reasons:
3. We have reviewed the request and find ne conflicts with our
interests.
4. A formal recommendation is under consideration and will be
submitted to you prior to:
5. Please refer to the enclosed letter.
Signed: % ar'
Agency: iIC:40;Iie -nann,41 CcvnMc55ton
_1
Date: I1 ' /`/ - 89
891256
DEPART 'ENT OF PLANNING SERVICES
r ,1177. PHONE(303)356.4000 EXT.4400
915 10th STREET et to 144r�IYF GREELEY,COLORADO 80631
I lilt
IgoC.
COLORADO
October 18, 1989
Stanley E. and Mary E. Odenbaugh
11100 Weld County Road 38
Platteville, CO 80651
Subject: RE-1218
Dear Mr. and Mrs. Odenbaugh:
Your recorded exemption application is complete and in order and will be
processed on or before November 8, 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.
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 Platteville
Planning Commission for its review and comments. Please call Robert Thorson
at 785-2245 for further details regarding the date, time, and place of this
meeting. It is recommended that you and/or a representative be in
attendance at the Platteville Planning Commission meeting to answer any
questions the Commission members may have with respect to your application.
If you have any questions concerning this matter, please feel free to call
me.
Respectfully,
/
*f�
Lanell J. urry
Current Planner 891256
DEPARTMENT OF PLANNING SERVICES
PHONE(303)3564000,EXT.4400
W00 IIDe.
915 10th STREET
GREELEY,COLORADO 80631
COLORADO
November 20, 1989
Stanley E. and Mary E. Odenbaugh
11100 Weld County Road 38
Platteville, CO 80651
Subject: RE-1218 - Request for a Recorded Exemption on a parcel of land
described as part of the W} NW} of Section 1, T3N, R67W of the 6th
P.M. , Weld County, Colorado.
Dear Mr. and Mrs. Odenbaugh:
I have scheduled a meeting with the Board of County Commissioners on
Wednesday, November 29, 1989, at 9:00 a.m. to consider your application.
This meeting will take place in the County Commissioners' Hearing Room,
first floor, Weld County Centennial Center, 915 Tenth Street, Greeley,
Colorado. It is recommended that you or a representative be in attendance
to answer any questions the Board of County Commissioners might have with
respect to your application.
The Department of Planning Services' staff will make a recommendation
concerning this application to the Board of County Commissioners. It is the
responsibility of the applicant to call the Department of Planning Services'
office a few days before the date of the Commissioners' hearing to obtain
the recommendation.
If you have any questions concerning this matter, please feel free to call
me.
Respectfully,
Lanell J. Curry
Current Planner
LJC:rjg
891256
,..,• L.L.- to • 31
RECORDED EXEMPTION NO.: I L V 9 - 01 - 2 - RE 1 ,_ . 8
OWNERS: Stanley E. Odenbaugh 0
Mary E. Odenbaugh M� Scale: 1" = 300'
FOUND 1 1/2" PIPE AT 0
N.W. CORNER OF SECTION N w MIMIINIUMMIMIIIIIII
0 150 300 600
1, TOWNSHIP 3 NORTH, na
RANGE 67 WEST OF THE S 89'15'22" E
6TH P.M.
S 89'15'22" E 1308.50' FOUND 1/2"
REBAR AT
370.06' 938.44' N 1/4 COR.
SECT. 1
1308.50'
30.00' RESERVATION FOR WELD COUNTY ROAD 38
LOT B
r
F--:
1 3
� a) a a0.
0 0 o10
04- O -too
CD
rw o o• r LOT A up
z
o
CD
N N 44.60 Ac.±
o w
0
Wo il)
Z n M
S 90'00'00" E cV c E
363.15' i_
to r z
`'' v1 i t Ij
ii
m
Nill 11 t
N tW l—
beg -5 il Ex
0w 0 �^E tu
f fl. 4 1
7.c3g t
0) Soo= ELL 4 2
' AD ge .36
� 56. .,20, °0 il
c,1-3 121
5• E E g
if q Ili =E‹
II/ eRiis 'is 31a
*a i<
vi
1.... 4771 \\\S t
I
"'5' VICINITY MAP
.
•
ir „ •4 a L °«4i 5�� _.• .175 SCALE: 1" = 2000'
It 0
•J�° J O
I
.l •• a
C/ t'vo 1 —1-'--"/ wen ..
I
4781.
I
I
1
1
C i
`'F r 11 •c e I C' \2 File No. 7398—01 -0001
,
RECORDED EXEMPTION NO.: I _ 09 - O I - 2 - RE 7 18
OWNERS: Stanley E. Odenbaugh
Mary E. Odenbaugh
•
All of Lot "A", Recorded Exemption No. 1209-1 -2—RE577, being a portion of Section 1,
Township 3 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado.
I, the undersigned being the sole owners in fee of the above described property do hereby
divide the same as shown on the attached map.
Stanley E. Odenba !ttnbaugh
COUNTY OF WELD )
ss
STATE OF COLORADO ) /�
The f regoing instrument was acknowledged before me this /f _ day of l r lid-`' ,
My commission expires My Commission Expirsn Met 7, Mil ,.' ,u:,.•.....••.
•
ri
f.
�
Witnes my hand and veld Seal. �� nv •': ..-_
//Ye('tat/ a t u
N ry Public fo /• ...
SURVEYOR'S CERTIFICATE
I hereby certify that this map was prepared under my direct supervision and that the same
is correct the best of my knowledge and belief.
y •
EDWARD L. BERLIER, P.L.S. 10855 >I �_
COUNTY COMMISSIONERS' CERTIFICATE ff 5 1085
(poi
lort
The accompanying plat is accepted and approved for filing.
+9eit _ �iPp��
•.� 'iN.... of�.
CHAIRMAN, BOARD Of UNTY COMMISSIONERS
ATTEST: /2 i j
COUN CLERK if°.�f ;.'-::A‘ L �
7 ;Thi 1/21
BY: der--rx4S,i . u .e/ =�t<. ' l
DATE: i4/ 131 27
1
Page 2 of 2 File No. 7398-01 —0001
•
EASEMENT AGREEMENT
It is hereby agreed by and between the parties hereto, as fee
owners of the respective lands, known as Lots A and B of
Recorded Exemption No . RE-1218, records of the County of Weld
County, State of Colorado, that the existing 30. 00 foot wide
access easement along the Westerly 30 . 00 feet of said Lots, the
Westerly line of which is located contiguous with the West line
of the Northwest Quarter of Section 1, Township 3 North, Range
67 West of the 6th P .M. , County of Weld, State of Colorado, as
delineated on the recorded plat of Recorded Exemption No . 1209-
1-2-RE577, records of said County is not intended to be an
exclusive easement . It shall be considered as a covenant
running with the land and shall inure to the benefit of the
parties hereto and the owners of Lot B, Recorded Exemption No .
1209-1-2-RE577, their heirs, executives, administrators and
assigns of the respective parties .
IN WITNESS WHEREOF, t e,/ parties hereto have hereunto s, their
hands and seals this / -/f day of rL P,v/ ✓�� , 19 ;%V .
J / /
\fII(
Stanley E . Odenbaugh ; Mary EJ Odenbaugh
STATE OF COLORADO )
ss
COUNTY OF WELD )
Subscribed and sworn to before me this 61 day of /1/'( a/4el' ,
19
Witness my hand and official seal .
My commission expires : My Commission Expires Mar. 7, 1991
Notary Public
Hello