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HomeMy WebLinkAbout880922.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 1112 - DONALD STROUP 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. 1112, does not come within the purview of the definition of the terms , "subdivision" and "subdivided land" , and WHEREAS , the request for Recorded Exemption No. 1112 was submitted by Donald Stroup for property which is located in part of the SWI of Section 30 , Township 3 North, Range 66 West of the 6th P.M. , Weld County, Colorado, being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A" , said plat to be recorded, and WHEREAS, this request is to divide the property into parcels estimated to be approximately 2 .6 acres and 1 acre. 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 and shall show that the well is located on Lot B and that Lot A shall be at least one acre in size. 2 . The following note shall be placed on the Recorded Exemption plat prior to recording the plat. A. Water shall be provided to Lot A by a public water supply. ///_2 ;> 880922 Page 2 RE: RE #1112 - STROUP B. Water shall be provided to Lot B by the existing adjudicated well. C. Both lots may be served by the existing well until such time as the owner of the lots conveys either of the lots. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of September, A.D. , 1988 . `7 BOARD OF COUNTY COMMISSIONERS ATTEST: it �u�, iL,�J WE OUNTY, COLORADO Weld County �/j�erk and Recorder 1Ll�/� and Clerk to the Board ene R. Brant er, Chairman 47-4,-jam¢ C.W. Kirby, o-Tem Deputy County()et APPROVED S TO FORM: a.quel o 'n_on 7 G. o . t .c.f' County Att r �� f/�ney Fran °amaguchi 880922 AMENDED CONDITIONS OF APPROVAL RE-1112 DONALD STROUP 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 sixty (60) days from the date of approval. The following note shall be placed on the recorded exemption plat prior to recording the plat: 1. Water shall be provided to the lots by a public water system, by the existing decreed well, or one lot served by the well and one by a public water system. 2. If the lots both use the well, at the request of the Division of Water Resources, the following conditions and/or restrictions shall be complied with: A. Access to the well and the right to establish and maintain a pipeline shall be provided by easements where necessary. B. The well should be iointly owned by the lot owners. C. Covenants and or other mechanisms should establish an agreement as to management and operation of the well. 3. If Lot A is to be served by the well and Lot B by public water supply, the following conditions and/or restrictions shall be complied with: A. Access to the well and the right to establish and maintain a pipeline shall be provided by easements. B. The well shall be owned by the owner of Lot A. The forgoing conditions and/or restrictions regarding joint use of the well are contained in the Division of Water Resources' letter date August 22, 1988. The applicant shall submit documents that indicate the applicant 's willingness to comply with the conditions and/or restrictions of the Division of Water Resources identified in its letter of August 22, 1988. The documents shall be submitted prior to recording the recorded exemption plat. Prior to the recorded exemption plat being recorded, the applicant shall submit to the Department of Planning Services and receive approval from the County Attorney on a well sharing agreement. 880922 DEPART ENT OF PLANNING SERVICES • ( PHONE(303)356-4000 EXT.4400 6(iti . OL 10th STREET t GREELEY, COLORADO 80631 WI I D C. COLORADO September 14, 1988 Board of County Commissioners Weld County Centennial Center 915 Tenth Street Greeley, CO 80631 Re: RE-1112 Dear Commissioners: This request for a recorded exemption is submitted by Donald Stroup. The parcel of land on which this request is being made is described as part of the SW1 of Section 30, T3N, R66W of the 6th P.M. , Weld County, Colorado. The property is located adjacent to the Town of Platteville and west of the old U.S. Highway 85. The request is to divide the property into parcels of 2.6 and 1 acre tracts, more or less. The Town of Platteville and the Weld County Health Department have reviewed the application materials and have no objections to the request. The Division of Water Resources has also reviewed the application materials and has recommended approval if certain conditions are complied with. 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 August 22, 1988. The staff recommends that the Board of County Commissioners consider this request and determine if the standards of Section 9-2 E. (1) (a) through (m) of the Weld County Subdivision have been met. Respectfully, e ' ent P anner BJB:dn 880922 DEPART' NT OF PLANNING SERVICES ti PHONE(303)356-4000 4400 1510 T.10th STREET GREELEY, 5 COLORADO 10 80631 I C. COLORADO September 14, 1988 Board of County Commissioners Weld County Centennial Center 915 Tenth Street Greeley, CO 80631 Re: RE-1112 Dear Commissioners: This request for a recorded exemption is submitted by Donald Stroup. The parcel of land on which this request is being made is described as part of the SW1 of Section 30, T3N, R66W of the 6th P.M. , Weld County, Colorado. The property is located adjacent to the Town of Platteville and west of the old U.S. Highway 85. The request is to divide the property into parcels of 2.6 and 1 acre tracts, more or less. The Town of Platteville and the Weld County Health Department have reviewed the application materials and have no objections to the request. The Division of Water Resources has also reviewed the application materials and has recommended approval if certain conditions are complied with. 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 August 22, 1988. The staff recommends that the Board of County Commissioners consider this request and determine if the standards of Section 9-2 E. (1) (a) through (m) of the Weld County Subdivision have been met. Respectfully, r rent P anne BJB:dn do 880922 DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Donald Stroup Case No: RE-1112 Legal Description: Part of the SW1 of Section 30, T3N, R66W of the 6th P.M. , Weld County, Colorado Larger Lot Size: 2.6 Acres, ± Small Lot Size: 1 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. X S. 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. 880922 CONDITIONS OF APPROVAL RE-1112 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 sixty (60) days from the date of approval. The following note shall be placed on the recorded exemption plat prior to recording the plat: At the request of the Division of Water Resources, the following conditions and/or restrictions shall be complied with: 1. The well should be located on an out lot owned in common by all property owners using the well. Access to the well and the right to establish and maintain a pipeline shall be provided by easements where necessary. 2. The well should be jointly owned by the lot owners. 3. Covenants and/or other mechanisms should establish a lot owners association with powers to make decisions concerning management and operation of the well. A joint maintenance agreement is a required part of such an association. The foregoing conditions and/or restrictions are contained in the Division of in the Division of Water Resources' letter dated August 22, 1988. The applicant shall submit documents that indicate the applicant's willingness to comply with the conditions and/or restrictions of the Division of Water Resources identified in its letter of August 22, 1988. The documents shall be submitted prior to recording the recorded exemption plat. 880922 6.'�� •• • u II a❑ ••_ _ , •' 3 - 44_ E . �° • ` ex i ••t • ^ •GJ 35� K u i )x__ • •I . » ",' °! 1, I wi • a Ix r 1 • s Rio • �M•lIM 1 � I T b ( ° . I ( Awry*, "--, ..d1 t L ' 111 �► • • / •F / • �' • V 4 I I // • V L.TiEVILLE • • xz • . •• , 5 • • • •? 1 x. h xo xl - t) . " •roi itu II o p U aR , is II OS x. �• :a it • %1 x. •tcE . 1 1 i , • ( � I I 1 e • x I x t a • ° • c x li " ( • • 151 i EE tK I,t P O 1 , I °' • •• It 1":1 I. . . .p�a• o T •.x •' • •• • • • •/�i I • _II • • • _ ., ,, ,� ,. Li „ i „ � •I . �. •! C • \ \ .. •-/ p I, _!•_ • I_• • •- - 1 .. n ,• ' .. 20 1' at t,• l— ti: I °n • • 20 '~ • `) •n13T0Clla • _ L t a • ( R.NC»ETTE • , sal •• • • •ai noent4 CI 25 ; :• Cu •$4 If c-z. 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'! rdf:tiky e, • • t . .4. i A of t R` ' Y'� 4 ( > > �' a t �i .+ � , , .,11i.� e - ,' ' ' i �, I ,a 'Viz. r, n .w s r t , 'j� ++ rs 'th j: • s /( t - _ ` / ;� t / Y q NK'} / 1 r i. \ittits*esi ►k 3 . � ,,,. � � fit,� f� � ', 1G ,•I ' �` " }y • \ ' \''\' 4-0922 FIELD CHECK FILING NUMBER: RE-1112 DATE OF INSPECTION: August 8, 1988 NAME: Donald Stroup REQUEST: Recorded Exemption LEGAL DESCRIPTION: Part of the SW} of Section 30, T3N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Adjacent to the Town of Platteville and west of old U.S. Highway 85 LAND USE: N Open field, Town of Platteville E Residential S Agricultural W Agricultural ZONING: N Agricultural E Town of Platteville S Agricultural W Agricultural COMMENTS: The structures which are located on the property are two single family residences, a barn and two accessory structures. There are two accesses serving this property. The property is relatively flat in topography. Both houses are habitable. !$iat e nt Pl ner 880922 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 /6P7l1 - Se--)15-e) CASE NO. CL` tilt 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: That portion of the Southwest Quarter (SWI/4) of Section Nineteen ( 19) , and of the Northwest Quarter (NW1/4) of Section shirty (30) , all in Township Three (3) North, Range Sixty-six (66) West of the 5th P.M. , County of Weld, State of Colorado, more particularly described as foll!tars : Beginning at the Northwest Corner (NW (:m ) of tiert inn 3n• thence along the North line of said Northwest Quarter (f11T1 /4 ) South 89°36'36" East, 1474.48 feet to the True Point of Rnninninn: thence South 00°51 '09" West, 133.27 feet; thence South 89°36'36" East, 430.63 feet In the Westerly right.-of-way line of old O.S. Highway 85; thence along said right--of-way line North 111Th/tin" past- 166 . 18 feet ; thence North 89°36'36" West; 430.63 feet ; thence South 00°57'09' West, 232.91 feet , mete or less , in Fhn trim Point of Beginning. Said property is known as Parcel R of ';Illivi': inn Iynngpl: ion No. 194 , as per the Resolution recorded August ?3, 1e83 in Book 1005 snider Reception No. 1937952, Weld County Records. Address: 14031 WCR 25i , P.O. Box 280 Phone: 303-785-6537 Platteville, Colorado 80651 Name: Address: Phone: _ _ WATER SOURCE: Larger Parcel Domestic Well Smaller Parcel Same well Pi`� (-J TYPE OF SEWER: Larger Parcel Septic System Smaller Parcel Septic System.. PROPOSED USE: Larger Parcel residential Smaller Parcel residential F. w g pp Smaller Parcel A ACREAGE: Larger Parcel A rox 2 . 62AC Approx. 1 ac EXISTING DWELLINGS: (Yes or No) yes (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 ) STATE OF COLORADO ) Signature: Owne/oor Auth rized Agent Subscribed and sworn to before me this I day of6 J1 9 , '(S9YAL) (-61.1j a IC aaovih1t —.— laotary Public My Commission Expires ((7-04-67 v�p9 AR1937941 It' B 1005 REC 01937941 08/22/83 16 : 3✓- $3 . 00 1/001 F 1353 1Y ANN FEUERSTETN CLERK & ;CORDER WELD CO, CO Itt•rept ion No. _ _---___— necun"r. FILING STA NI I' r)'IIIS 1)F:E11, Made this his Tenth day of Jung 1983,between V.C. Erickson, aka Vincent U. Erickson, and Elisabeth J. Erickson of the County of Weld :old Slate of _ ',rrlc I'. u ,,',n1nt'V Fee l'olnrado.of the first part.:Ind Donald M. Stroup and D,li' -- Janice J. Stroup .20 whose legal address is P.O. Box 280, Platteville, Colorado 80651 ol'the• County of Weld and State of Colorado.of the second part: WI'I'NESSE'rli.That the said party of the first part,for and in consideration of the sum of Ten dollars and other good and valuable considerations ](X411, to the said party of the first part in hand paid by the said party ofthe second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, soil by these presents does grant, bargain, sell, convey and confirm, unto the said party of the second part. his heirs and assigns forever, all the following described lot or p:nrel of land•sit rate.lying and being in the County of Weld and State of Colorado.to-wit: That portion of the Southwest Quarter (SWti) of Section Nineteen (19) , and of the Northwest Quarter (NW') of Section Thirty (30) , all in Township Three (3) North, Range Sixty-six (66) West of the 6th P.M. , County of Weld, State of Colorado, more particularly described as O follows: Beginning at the Northwest Corner (NW Cor) of said Section 30; thence along the North line of said Northwest Quarter (NW') South 89°36'36" East, 1474.48 1144-- feet to the True Point of Beginning; thence South' 00°57'09" West, 133.27 feet; thence South 89°36'36" East, 430.63 feet to the Westerly right-of-way line of old U.S. Highway 85; thence along said right-of-way line North 00°57'09" East, 366. 18 'f. feet; thence North 89°36'36" West, 430.63 feet; thence South 00°57'09" West, 232.91 feet, more or less to the True Point of Beginning. [The above described parcel contains a gross acreage of 3.6 acres more or less. ] TOGETHER with all and singular the hereditanrents and appurtenances thereto belonging. or in anywise apper- taining, and the reversion and reversions, remainder and remainders. rents• issues and profits thereof: and all the estate,right,title,interest,rlaith and demand whatsoever of the said party of the first part,either in law or equity,of, I in and to the above bargained premises,with the hereditaments and appurtenances. • '1'(1 HAVE AND'I'1111tiLl)the said premises above bargained and described, with the appurtenances, unto the said party of the second part. his heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors,and administrators.does covenant,grant. bargain,and agree to and with the said party of the second part, his heirs and assigns•that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed,as of good,sure, perfect.absolute and indefeasible estate of inheritance, in law,in fee simple. and has good right, full power and lawful 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 and encumbrances of whatever kind or nature suever. • ill and the aboved bargained premises in the quiet and pcaceahle possession of the said party of tho second part, his • heirs and assigns against all and every person or persons lawfully claiming nr to claim the whole or any part thereof the said party of the first part shall anti will WARRANT AND FOREVER DEFF,ND. The singular number shall ' include the plural.the plural the singular,and the uve of any gender shall be applicable to all genders, IN WITNESS WHEREOF,the said party of the first part has hereunto set his hand aril seal the day and rear first above written. Cc[t bl � ISF.AL1 �/fiY LG � '�/lGG�py7 -Vincent-tom. F.ricksoonn- ItiFAI.I STATE OF COLORADO t ... z��cksonISEALI i County of The foregoing instrument was acknowledged before me this Tenth day of •June 19" ,by � Y ! /� .1r< (.i t 'C � �Ec e It � C`'�, .J V.[�J L.a.�rc�-F C� . �,tL C-(°. K. �tF rte.' �7 it c.l G My conunission expires ,19 . Wit neSility ra `rul [I i '(,yl .rt(1r. = I: c I My Commission Expires July 8, 1986 I (( /y j • •1[ • H No.932A. NAaaAN1119:1:1,. F.., I'h.r .t„eli, N ,-w,t-61978 Bradford Pohlehin¢Co..IaI6 Stout Street,nenver.telondo(673.40111-9-79 880922 • 74 O Q T = • 1 . v. kI C(1G , ? r4') {X• v. I L y !—� • .. I it n . — .I I - 'i1 n I I. to (I, ti) I • OA i S00°57 '09" IV tlI 366. 18 ' • .�...� . 133.27 ' -,-t I 232 9/ r • o •O . o .f 3 •rp 0 I I ?. (� tie-.)I5-E-0 1 I"a IIt 1J no /� 1^ /I/I 0.� /-A WIC-0 X I Mat CL--( ' (G i( W W __ T u 2. 6Z ACl O) O1 t H Q 11 n so cC' u n• , LI 1: ' 0 1 i . _! w A , - I . i 2 1 unrfrcF 0 C -1 n Pr-c.` a I w U,. f n in q I "77Z7 N OA Mtvnin...•gy I nC AV (“ If j t A. r,'- [U )] . I 1'' I _ U /. I 1 Fran.'di_o I /33 . 27 I 2.3_:'. 9/ ' N 00° 57 '09 " E ‘\ 3r; 6 /B ' �� to II *. u,,, f iY 11 U S 1„ c„,,,,,, ,,,, R5 (ii/ ;( t ' II' O' ( ___ _ __ _ . 1 f AC ESS 880922 `Ectuin of P{atteoille PO DRAWER 10 3iflforporatch 1876 411 GOODRICH AVENUE P ATTEVILLE.OR0.00651 PHONE 'F52245 July 29, 1988 Lanell Swanson Department of Planning Services 915 10th Street Greeley, Colorado 80631 RE: Proposed Recorded Exemption, Stroup Dear Lanell : Mr. Donald Stroup has inquired as to whether a request for a recorded ex- emption of his property would receive a favorable review by the Platteville Planning and Zoning Commission. I believe it would. The proposed exemp- tion is consistent with the policies of Platteville's Comprehensive Plan and the exemption would lead to efficient and orderly development of the southern part of Town. The property is adjacent to the Town limits and nearby land uses are single family residential and commercial . It is logical that similar development occur to the south and eventually be served by, and included in, the Town. Please contact me if I may be of assistance. Very truly yours, Robert K. Thorson Town Administrator Town of Platteville cc: D. Stroup 880922 RESPONSES TO APPLICATION REQUIREMENTS FOR A RECORDED EXEMPTION PREPARED FOR AND BY DONALD M. STROUP The purpose and reason for dividing my land into two separate lots is as follows: 1. To permit the sale of one of the residential units located on the present site. 2 . To permit the continued occupation of one of the residential units by myself and family. The proposed division of this property is in compliance with existing policies of the Weld County Comprehensive Plan. This position is supported by officials of the Town of Platteville and their respective Planning Commission of which this property is a part. (See Attached letter from Mr. Robert Thorsen, Town Manager of Platteville and member of Platteville Planning Commission) This proposal is consistent with the intent of the zone district in which the property is located. Although the property was divided effective August 10, 1983 ( as the result of Subdivision Exemption 194 at the request of V. C. Erickson, and Co. ) out of a larger parcel zoned for agricultural use, it has since 1903 been in residential use. The property is located directly across old highway 85 from Bella Vista Subdivision ( a part of the town of Platteville ) and is not within the territorial limits of the town of Platteville. The residential units were established considerably before most of the building of the town of Platteville and have historically been used in the manner this proposal provides. There will not be any new access requirements as a part of this division application. Both of the proposed parcels are independently accessed by separate drive-ways. The only change in this traditional use will be a change in ownership, as upon approval and the sale of one, the two residential units will no longer be owned by one party. Therefore, there will be no change in the use of either proposed parcel of this property. The uses of this property are consistent with future development of the surrounding area as permitted by the existing zone and with future development as projected by the comprehensive plan of the County or the adopted master plans of affected municipalities. The location of this property is 5.10922 Page 2 of 3 Application for Recorded Exemption August 1, 1988 currently positioned to permit direct.tie-in with the Town of Platteville utility capacity. However, it is not my plan or desire to utilize this water and sewer source in view of the traditional capacities contained within the existing property. It is also important to record the cause for this request is directly related to my reduced financial capacity and therefore any requirement to utilize the Town of Platteville facilities will be financially prohibitive. The property is located within two thousand feet (2000' ) of both the Elementary and Middle schools of Weld County RE1 district and is currently within the area served by the Police department of the town of Platteville. It is because of the previously mentioned use compatibility with all future development potentials which may effect this property that there will be no inconsistent effect with efficient and orderly future development. This statement is further supported by Mr. Thorsen, town manager of the town of Platteville and member of the Platteville Planning Commission, in his letter previously made a part of this application. The historical use of the existing source for water supports the continued method of delivery for water. Please refer to the attached copy of a statement submitted by V. C. Erickson ( immediate prior owner ) as a part of his application for Subdivision Exemption 194, wherein the capacity and historical use of this source is well established. I have also included a copy of the "Findings and Ruling of the Referee and Decree of the Water Court" relevant to this water source and its traditional use. The septic systems associated with the residential units located on this property are independent to each and have been in existence since the construction of both respective residential units. They are physically located near each of the homes and are separated by a distance of at least one hundred feet (100 ' ) . One of the representatives of the Weld County Health Department stated that no testing of the septic systems will be necessary in order to approve the division of this property. The testing and permit required by that department will only become necessary at the time of any future sale of either proposed parcel. This property is not located in a flood plain and is not a consideration of section fifty (50) overlay district as a part of the Weld County Zoning Ordinance. 880922 Page 3 of 3 Application for Recorded Exemption August 1, 1988 We respectfully submit this information in compliance with our understanding of the Weld County Department of Planning Services Recorded Exemption Procedural Guide and request your timely approval. Sinc ely, Donald M. Stroup 8d0922 13735 Jr i 2j';• • Plattevill,-, r i 90651 Urtob^r 27, 1133 • . ?inter C.9nrt x • Greet^ , ,30632 Case no. L r,; 177 In rer'e__en-'n ta your letter •1, 1).0, the Cell-axing rciurn;te.' in:,>rr,atiin is ❑ub;::i.tt^ : 1. a. j i ca.rly 1)i0'.s until 1 ,', '!r ,.•t.l ur.c1. •rr' _ ,e I.Ling, 900U cq..t. Lr; :u t,.n 5i tr .0 fairy CowS. b. ]n 1;;7 a Second chrelLinu; :an Fi.tlr ._ ; !) �a . t. 91 la;rn. c. 1751 until 1969 the Led i. :q.it. of lawn, 2500 sq.i L. 'n rr.ricn an:. shrubs and 15U head of feedlot cattle. i. 1069 until present, well i:: ;erving tyro rn:i iences, 13,500 sq.£t. of lawn ani 2500 sq.Ft. of garien and shrubs. Thank you. Vincent C. Erickson 880922 • . . . \ DISTRICT COURT, WATER DIVISION I, COLORADO -,,, ) (r11RT \1 Case No. 63 CW177 FINDINGS AND RULING OF THE REFEREE AND DECREE OF THE h47rER 'COORTi6 ,. CONCERNING THE APPLICATION FOR WATER RIGHTS OF : . - .H . ,_ ` f' V. C. ERICKSON & COMPANY in WELD COUNTY ~ ' '-' � CLERK THIS CLAIM, having been filed with the Water Clerk, Water -F Division I, on July 18, 1983 and the Referee being fully advised in the premises, does hereby find: , - All notices required by law of the filing of this application have been fulfilled, and the Referee has jurisdiction of this application. No statement of opposition to said application has been filed, 4 and the time for filing such statement has expired. All matters contained in the application having been reviewed, and testimony having been taken where such testimony is necessary, and such corrections made as are indicated by the evidence presented herein, IT IS HEREBY THE RULING OF THE WATER REFEREE: 1. The name and address of the claimant: V. C. Erickson & Company 13735 WCR 251 Platteville, Colorado 80651 2. The name of the structure : Erickson Well No. 131280 3. The legal description of the structure: SE;SW;, Section 19, Township 3 North, Range 66 West of the 6th P.M. , Weld County, at a point 1760 feet from West line and 40 feet from South line. -. 4 . The source of water: Groundwater 5. The date of appropriation: June 21, 1940 880922 9 e, Case No. 83 CW177 '4 : Page 2 .'..{ Erickson ;,.1s' 6. The amount of water: °� ~ 0. 067 cubic feet per second (30 gpm) ?"'Yu, - 7. The use of the water: }'; C Domestic in two single family dwellings including irrigation of approximately 16 , 000 square feet. 8. This water right, so long as uses are limited to those decreed herein, is exempt from administration by the State k-AF Engineer pursuant to C.R.S. 1973 , 37-92-602. 'a DATED this 22nd day of November , 1983 . "' Water Referee 111 9]] Water Division No. I .,t;, . ,rtk t. THE COURT FINDS: NO PROTEST WAS FILED IN THIS MATTER. ''Ire:,' THE FOREGOING RULING IS CONFIRMED AND APPROVED, AND IS HEREBY MADE THE P�;y JUDGMENT AND DECREE OF THIS COURT. ` . Dated: ; ; 7Cu • M ( i Z A /77 ./ ,mss:. --�_ 1 is ROBE A. BEHRMAN Water Judge Water Division No. I .. I State of Colorado ,'' Y .H hq ( 880922 ,-;,: :. 2:2: Wnj•16.1 RECEIVED • C0L0KAD0 DIVISION OF WATER RtS0URCES TYRE OR 818 Centennial Bldg., 1313 Sherman St. JAN - 61984 ' PRINT IN BLACK INK. COPY OF ACCEPTED Denver, Colorado 80203 STATEMENT MAILED WATER RESOURCES ON REQUEST. STATE OF COLORADO AFFIDAVI l SIAM•Frtc1NEER SSWM COUNTY OF _- W�L0 __ I STATEMENT OF BENEFICIAL. USE OF GROUND WATER PC AMENDMENT OF EXISTING RECORD LATE REGISTRATION PERMIT NUMBER 1B i Z Ede _ LOCATION OF WELL THE AFFIANT(S) 'Dorsal Lo M. a 't—cur As., 4ANte.a 3. SceLi•r c Dun,y - 04../_A,— whose mailing address is - I4b3 % Wcrz, 2S 667.v, E3or< .-; •;:c. \c• J 5E_ i, DI Ike —S.LJ--_ A. Se'hen II— City 1 C-H'TT'£Y t 6_L.E_ _CC'i_.0- ---- IQos t----- T""" -3 - ; . Rnq ‘i.- - - _k_. M I• I rx,rl if being duly sworn upon oath, deposes and says that he (they) is (ore) the owner(s) of the well described hereon, the well is located as described above, at distances of _,4p feet from the 5oUt section line and _Jr,6.0 - - . L-et from the Ith?T section line; water from this well was first applied to a beneficial use for the purpose(s) described herein on the - — tr•sr c• ..1 f,, r 3a gallonsper minute the day of 195, the maximum sustained pumping ,rite` .,I thn well is g pumpin❑ rate claimed hereby is _ J O __ gallons per minute; the total depth of the well is __S3 feet; the average annual amount of water to be diverted is ONE_ acre-feet; for which claim is hereby made for Comcsr-/.G—L-L ucsroct _-- purpose(s); the legal decrr tiler, of the land on whirl, the writer from this well is used it _ Ara 4 ttiR <L1y Seu//. Sec-_iii_- _"7wp.__-3±{ £-r,f_IkW_ Z Pq_ofwhicl .-04/1— cres are irrigated and which is illustrated on the map an the red/rice side of this lorn,; that this well was completed it compliance with the permit approved therefor; this statement of belief'rill\ rise of around water is filed in compliance with law; hr (they) has (have) read the statements made hereon; knows the content thntnof; and that the same are true of his (their) knowledge (COMPLETE REVERSE SIDE O'r THIS FORM) Signature(s) 7222(?„ei ( J22ct)i ,, . . lil ( -` - FOR OFFICE USE ONLY Subscribed and sworn to before me an this `{ F1` day of i ct r\-.-c0c-r —I , I9 _)IIS _l My Commission expires: L I .1C t 1 _- 1]r al I Prim Fin _ I'ny ,• .t Le,.4. eneuc (�r�;- r t A 1 ACCEPTED FOR FILING BY THE STATE ENGINEER OF COLORADO 0 . r a ':r? r t g ;fl PURSUANT TO THE FOLLOWING CONDITIONS: �� 1 �" 14 - • .veu lice ..-..__ _ ..-._ AC... 1 Fs). Leta C{i),:e4. 880922 JAN 1 6 1984 Assistant Ile 1F SIArr ENGINEER • 1 • • I Well drilled b /i Y rr I „Grri�r Lic. No. Permanent Pump installed by It _„/„_ ,—_ -_-_. Lic. No Meter Serial No. ❑ Flow Meter Date Installed Owner of land on which,- --- water is being used cyn�o_ M. -rnyv P e—'� 3R,.,..pC.r J . :ST ac e P THE LOCATION OF THE WELL MUST BE SHOWN AND FOR LARGE CAPACITY IRRIGATION WELLS THE AREA ON WHICH THE WATER IS USED MUST BE SHADED OR CROSS-HATCHED ON THE DIAGRAM BELOW. This diagram represents nine (9) sections. Us? the CENTER SQUARE (one section) to indicate the location of the well, if possible. I I I I T I • — + — + — + — I -I- -I- — I I I } } - I + + — -I- - - I }- -}- - NORlTH SECTIOIJ l l IE NORTH } - t - I- N _- - w I- + - Cr, `J IV crin 7. .."' r1 w r- } I rn -- ti, 1 E re 1L I +- SOUT'HSECTIOtJL. ItIF I -1-- - } + -- + _. . I- - I - - + - i I I } I - 1 --I- THE SCALE OF TIIE DIAGRAM IS TWO INCHES F )IIALS ONF-1411 F + + y -f I I -F - - -1 Mile I I I ___ I_ I 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). 1 acre-foot . . . 43,560 cubic feet . . . 325,900 gallons 1,000 gpm pumped continuously for one day produces .1 -12 acre meet. 100 gpm pumped continuously for one year produces 160 acre-feet. 880922 (WHITE AND PINK COPY TO BE FILED WITH THE STATE ENGINEER PINK COPY WILL BE RETURNED TO OWNER) REFERRAL LIST APPLICANT: Donald Stroup CASE NUMBER: RE-1112 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: August 19, 1988 NO SR NR NO §R NR ✓ X County Attorney, Lee Morrison X Weld County Health Dept. X Engineering Department County Extension Agent _ Office of Emergency Mngmt Ed Harring `/ X State Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, CO 80203 / Town of Platteville V c/o Robert Thorson P.O. Drawer 70 Platteville, CO 80651 X State Highway Department Attn: Wally Jacobson P.O. Box 850 Greeley, CO 80632 _ City of Greeley Planning Department 1000 10th Street Greeley, CO 80631 Tri Area Planning Commission P.O. Box 363 Frederick, CO 80530 Historical Society of Colorado Historic Preservation State History Museum 1300 Broadway Denver, CO 80203 NO=No Objection SR=Specific Recommendations NR=No Response /gyp 330922 Edon in of Plafteuille P• .0 DRAWER 70 (3lntorpuruteb 1876 411 GOODRICH AVENUE PLATTEVILLE.COLO.80651 PHONE'. 785.2245 July 29, 1988 Lanell Swanson Department of Planning Services 915 10th Street Greeley, Colorado 80631 RE: Proposed Recorded Exemption, Stroup Dear Lanell : Mr. Donald Stroup has inquired as to whether a request for a recorded ex- emption of his property would receive a favorable review by the Platteville Planning and Zoning Commission. I believe it would. The proposed exemp- tion is consistent with the policies of Platteville's Comprehensive Plan and the exemption would lead to efficient and orderly development of the southern part of Town. The property is adjacent to the Town limits and nearby land uses are single family residential and commercial. It is logical that similar development occur to the south and eventually be served by, and included in, the Town. Please contact me if I may be of assistance. Very truly yours, Robert K. Thorson Town Administrator Town of Platteville cc: D. Stroup mjs 2 1988 told to. Mono uU1h1 I ssoo 880922 .OC.0045 ' ROY ROMER ;yam il gj JERIS A. DANIELSON Governor j State Engineer 1876 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 August 22, 1988 Mr. Brian J. Bingle Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Stroup Exemption, RE-1112 SW1/4 Sec. 19 & NW1/4 Sec. 30 T3N, R66W Dear Mr. Bingle: We have reviewed the above referenced proposal to separate 3.62 acres into two lots. Well permit number 131280 has been previously issued on the tract. The applicants propose to share this well between the two lots. The well permit has no restriction prohibiting the proposed use. This well was decreed for the proposed uses in Water Court Case No. 83CW177. In order to assure that a permanent water supply will be available on an equitable basis to either lot, we recommend the following: 1. The well should be located on an outlot owned in common by all property owners using the well . Access to the well and the right to establish and maintain a pipeline shall be provided by easements where necessary. 2. The well should be jointly owned by the lot owners. 3. Covenants and/or other mechanisms should establish a lot owners association with authority to make decisions concerning management and operation of the well . A joint maintenance agreement is a required part of such an association. If the above provisions are met, we can recommend approval of this proposal . Please let us know if you have any further questions. Sincerely, cilty II .4_ Tovv,-1 Hal D. Simpson, P.E. Deputy State Engineer AUG 2 4 1988 HDS/JCM:6853I CLL. cc: Steve Lautenschl ager 980922 Weld Co. t9au,mie u:,au,usF,m V .YLy✓ DEPARTM 'T OF PLANNING SERVICES S �� - --- == c • 3 r PHONE(303)356-4000 EXT.4400 tof oes J�� I _ /l�9 915 10th STREET • �� r)i) 'l'lark ' 14/Ltte iUi�GC.(� k. -1 GREELEY,COLORADO 80631 I \ IPIR A kt e / r) Atee. ' zee no,2 Cc,._ , C� .Sjitaw s .e� , 'w eze .6(/e 44� Lt,t l , • CASE NUMBER RE-1112 COLORADO ?�tA d aceza4 ic 40 astSQ1.6 -,6fr Ai. /(1 ; r k 41 �'`°` . August 5, 1988 TO WHOM IT MAY CONCERN: Enclosed is an application from Donald Stroup for a recorded exemption. The parcel of land is described as part of the SE} of Section 19 and part of the SW} of Section 30, T3N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is adjacent to the town of Platteville and west of Business Highway 85. This application is submitted to -your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. Please reply by August 19, 1988, so that we may give full consideration to your recommendation. Please call Brian J. Bingle, Current Planner, if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that the request (does/does not) comply with our Comprehensive Plan for the following reasons. We do not have a Comprehensive Plan, but we feel this request 4 (is/is not) compatible with the interests of our '_ town for the following reasons: n c1CC. r We have reviewed the proposal and find no conflicts with our c, j e G interests. ca 71 -.aill- A formal recommendation is under consideration and will be submitted to you prior to: l Ii 5. Please refer to the enclosed letter. Signed: Agency: Date: 8819922 / .., i ;: • RECORDED EXEMPTION NO. 1211 - 19 - 3 - RE 1112 PART OF THE SWI/4 OF SEC. 19 AND THE NWI/4 OF SEC. 30, ALL IN T3N , R66W OF 6TH PM., WELD COUNTY, COLORADO i N89°36.3fi"W — 430.63 O 170.63 260.00 yi Z N 00°53100"E S 31.45 r 5° LOT A ; N800'00"W Ju in N 35.40 z 1.000 Acre t o= o ii o iiMMI 3N S, O !"g 3o N a MEMENN S ; 3 0 50 100 $ f NN Mt SCALE:In=100 0 105.00 = �? CO • TP.O.B. FOUND REBAR 1•186°30.00"W92 00 mo r/CAP,L.9.2882 3. LINE (n swl/1,3EC.19\ N89°0000'4 7\ir` • W o S89^SB15B°E-1171.N 1905.11 o lb NW Cor.,Sec.30 N LOT B Nu! co o N Z J (SW ec.l9) M 2.620 Acres � p 0 0 T3N,R66R66W z Found No.4 Rebar w/Yellow Cap ,0/ O S89°36'36"E - 430.63 FOUND REBAR r/CAP L.S.10155 NOTES: 1 . WATER SHALL BE PROVIDED TO LOT A BY A PUBLIC WATER SUPPLY. 2. WATER SHALL BE PROVIDED TO LOT B BY -SECTION CORNER ' THE EXISTING ADJUDICATED WELL. (DESCRIBED AS SHOWN) 3. BOTH LOTS MAY BE SERVED BY THE EXISTING PROPERTY PIN FOUND WELL UNTIL SUCH TIME AS THE OWNER OF THE (DESCRIBED AS SHOWN) LOTS CONVEYS EITHER OF THE LOTS. PROPERTY' PIN SET 4. BASIS OF BEARING IS CONSIDERING THE NORTH NO. 5 REBAR,L.S. 12330 LINE OF THE NW 1/4 TO BEAR 589°36'36"E. 5. ALL EASEMENTS WERE NOT REQUESTED TO BE RESEARCHED AND SHOWN. LOT A : 1 .000 Acres S - ,-, -- 1._i„ ,r,.. .r L LOT B : 2.620 Acres a. `'I\7% NP .ttevillle • ' , i I „ r .\;l TOTAL : 3.620 Acres S . • , = I ' 191 Il) ,A 20 } k _ 1 I ik • OWNER : IJIE�. '• , �v' 1`. DONALD M. and 7t , JAN ICE J. STROUP T p = 77 P.O.BOX 280 _ ___.,��, (_ .s. :: PLATTEVILLE , CO. 80651 : le T B PREPARED BY : ALPHA ENGINEERING V2s • - 30L n' C. \ I 29 P.O.BOX 392 = ' /� ? FORT LUPTON , CO. 80621 FP �, : . / (i i' ! , PHONE NO.:(303) 573 -5186 tVICINITY MAP DATE : OCTOBER 12 , 1988 880922 SCALE In= 20001 N (FILE NO. 19 - 3N6- 3I) SHEET 1 OF 2 • RECORDED EXEMPTION NO. 12I I - 19 - 3 - RE III 2 LEGAL DESCRIPTION: (Both Lots A & B) // "kr THAT PORTION OF THE SOUTHWEST QUARTER (SW1 /4 ) OF SECTION NINETEEN ( 19) , AND OF THE NORTHWEST QUARTER (NW1 /4 ) OF SECTION THIRTY (30) , ALL IN TOWNSHIP THREE (3) NORTH, RANGE SIXTY-SIX (66) WEST OF THE 6TH P.M. , COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER (NW COR) OF SAID SECTION 30; THENCE ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER (NW1 /4 ) SOUTH 89° 36 ' 36" EAST, 1474. 48 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00°57 ' 09" WEST, 133. 27 FEET; THENCE SOUTH 89°36 ' 36" EAST, 430. 63 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF OLD U. S. HIGHWAY 85; THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 00°57 ' 09" EAST, 366. 18 FEET: THENCE NORTH 89° 36 ' 36" WEST, 430. 63 FEET; THENCE SOUTH 00°57 ' 09" WEST, 232. 91 FEET, MORE OR LESS TO ,THE TRUE POINT OF BEGINNING. CONTAINS: 3. 620 ACRES MORE OR LESS. LEGAL DESCRIPTION OF LOT A THAT PART OF THE SW1 /4 OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 66 WEST OF THE 6TH P. M. , WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 19 ; THENCE S89°36 ' 36"E AN AN ASSUMED BEARING ALONG THE SOUTH LINE OF SAID SW1 /4 A DISTANCE OF 1905. 11 TO THE WESTERLY RIGHT-OF-WAY LINE OF OLD U. S. HIGHWAY 85; THENCE NOO°57 ' 09"E ALONG SAID WESTERLY R.O.W. LINE A DISTANCE OF 18. 91 FEET TO THE TRUE POINT OF BEGINNING; THENCE N89° 00 ' 00"W A DISTANCE OF 92. 00 FEET; THENCE NO2°05' 30"E A DISTANCE OF 24. 00 FEET; THENCE N88°30 ' 00"W A DISTANCE OF 105. 00 FEET; THENCE N09°00 ' 00"W A DISTANCE OF 155. 00 FEET; THENCE N85°00' 00"W A DISTANCE OF 35. 40 FEET; THENCE N00°53 ' 00"E A DISTANCE OF 31 . 45 FEET TO A POINT 232. 91 FEET NORTH OF SAID SOUTH LINE OF THE SW1/4 ; THENCE S89°36' 36"E A DISTANCE OF 260. 00 FEET TO SAID WESTERLY R.O.W. LINE; THENCE SOO°57 ' 09 'W A DISTANCE OF 214. 00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 1 . 000 ACRE MORE OR LESS. SURVEYOR'S CERTIFICATE: :•'ado Ir9 ''•. I HEREBY CERTIFY THAT THIS PLAT WAS PREPARED UNDER MY oo L �o SUPERVISION AND THAT THE SAME IS CORRECT TO THE BEST?. ` r OF MY KNOWLEDGE � AND BELIEF, ,0 ....•LAG•✓ LG-e C DATE: /O-/2- 2lg •�i O�F�� at ~ CECIL R. CROWE, P. E. a L. S. 12330 0 >>. yJ sr�..- r) PROPERTY PROPERTY OWNER' S APPROVAL: b 111 WE, THE UNDERSIGNED, BEING THE SOLE OWNERS IN FEE OF THE ABOVE DESRCIBED PROPERTY DO HEREBY SUBDIVIDE THE SAME AS SHOWN ON THE AT HED MAP. . / N D M. 9 ROUP NICE J. STR P % ')' " _y}. THE FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME 11 • ° r .. -AGTHIS 13-+a-, DAY OF Oc_-1-et..tr A.D. , 1988. ,.. , ...• J r MY COMMISSION EXPIRES: Li - •i-I-cl 1 ` , C o�‘ C ai- .o �" NOTARY PUBLIC, WITNESS MY HAND AND SEAL. COMMISSIONERS CERTIFICATE: The ), plat is accepted and approved for filing. �/U_k /64 (i /C� �� l�lY.tt Caw/ Chairman of the Board of County Commissioners ,,(ATTESTCounty •Clerk t77122,14" r •' r;, 1 Byyvy�c.144-.� 1 4�4 �y Date /l/,P,ff 860922 SHEET 2 OF 2 Hello