HomeMy WebLinkAbout891009.tiff AR219213h .
O RESOLUTION
M
OO
0
-' a RE: APPROVAL OF SUBDIVISION EXEMPTION NO. 369 - DOROTHY A. LELL
0 AND MARGUERITE K. SCOTT
A
WHEREAS, the Board of County Commissioners of Weld County,
c! Colorado, pursuant to Colorado statute and the Weld County Home
o w Rule Charter, is vested with the authority of administering the
2 affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners has reviewed the
w g request of Dorothy A. Lell and Marguerite K. Scott for an
'n exemption from the definitions of "subdivision" and "subdivided
.n land" in Section 30-28-101 (10) (d) , CRS, as amended, and Section
a 2-1 A. (3) of the Weld County Subdivision Regulations, and
CO U WHEREAS , this Subdivision Exemption request from Dorothy A.
W z Lell and Marguerite K. Scott is to separate existing improvements,
r4 " and
rn E
o a WHEREAS, said land is located in SE} , Section 7 , Township 1
a North, Range 66 West of the 6th P.M. , Weld County, Colorado, being
mg more particularly described as follows:
M x CREATED PARCEL
N
o y A part of the Southeast one-quarter Section 7,
Z Township 1 North, Range 66 West of the 6th
Principal Meridian, Weld County, Colorado,
described as: Beginning at the East
N one-quarter corner of said Section 7; thence
�N+ 0 S89°02 ' 30"W along the East-West centerline of
k, said Section 7 a distance of 936.85 feet to
the true point of beginning; thence
S07°00 ' 10"W a distance of 452 .36 feet; thence
S89°22 ' 10"W a distance of 276. 18 feet; thence
N08°08 ' 50"W a distance of 219. 95 feet; thence
N89°02 ' 30"E parallel with said East-West
centerline of Section 7 a distance of 155 .00
feet; thence N15°13 ' 25"E a distance of 237.60
feet to a point on said East-West centerline;
thence N89°02 ' 30"E along said East-West
centerline a distance of 145 .14 feet to the
true point of beginning.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the above described
parcel be, and hereby is, declared to be exempt from the
definitions of "subdivision" and "subdivided land" as set forth in
Section 30-28-101 (10) , CRS, as amended, and Section 2-1 A. (3) of
the Weld County Subdivision Regulations.
c rn i 9 ; y' Y , 891009
Page 2
RE: SE #369 - LELL AND SCOTT
Mo
O
c BE IT FURTHER RESOLVED by the Board that this approval is
io subject to the following conditions:
a 1 . The applicant shall submit a mylar plat to the
o Department of Planning Services to be recorded in the
o
office of the Weld County Clerk and Recorder. The plat
GA- w shall be prepared in accordance with the requirements of
Section 9-2C. (4) of the Weld County Subdivision
O Regulations. The plat shall be submitted within sixty
days from the date of approval by the Board of County
,o Commissioners. The applicant shall be responsible for
:: w paying the recording fees.
~ a
2. A Weld County septic permit is required for the proposed
o, a home and its septic system shall be installed according
0° C..) to the Weld County Individual Sewage Disposal System
ccoz (ISDS) regulations.
H H
rnE
3. An ISDS evaluation by the Weld County Health Department
on all existing septic systems will be necessary prior
p to issuing the required septic permits on the existing
Crl w systems.
.°'-, 2 4 . A new well permit shall be obtained for the well on the
c proposed 1 acre parcel.
r
a 5 . The following note shall be placed on the recorded
exemption plat prior to recording the plat:
▪ ,n
N N At the request of the Division of Water Resources, the
"' following conditions and/or restrictions shall be
w w complied with:
a. 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.
b. The applicant should provide proof that an
evaporative wastewater system will not be required.
The well permit cannot be issued if any evaporative
system is required.
c. Prospective lot purchasers should be made aware of
the limitations on water use.
891009
Page 3
RE: SE #369 - LELL AND SCOTT
en O
00
The foregoing conditions and/or restrictions
`^ o regarding joint use of the well are contained in
o the Division of Water Resources ' letter dated
4 August 29, 1989 .
o
o �
orx 6 . The applicants shall submit documents that indicate the
urA applicants' willingness to comply with the conditions
o
a and/or restrictions of the Division of Water Resources
o identified in its letter of August 29, 1989. The
o
documents shall be submitted and approved by the Weld
mw County Attorney' s Office prior to recording the recorded
.. te exemption plat.
m
x 7 . Prior to recording the plat, the applicants shall submit
a' 4 easement documents showing the right of each lot
co o
regarding legal access. The documents shall be approved
co H by the Weld County Attorney' s Office prior to recording.
ri Ch
y The above and foregoing Resolution was, on motion duly made
g and seconded, adopted by the following vote on the 13th day of
M o September, A.D. , 1989.
eiw
N 2ccN BOARD OF COUNTY COMMISSIONERS
NZ ATTEST: WELD COUNTY, COLORADO
0
>4 Weld County ix* ancl.,Vecorder
aand Clerk tt pUe Boa .d1 C.SRir y, Ch rman
'Vw N ,; +i`. _ EXCUSED
CV r Y: Jacvi 1 ine Johnson, Pro-Tem
rA O Deput „ C rk
APPROVED AS TO PORN: ''gene R. Brantner
i" ,
C---. ! George fC n�0 ,
County Attorney
Gor
891009
• •
FIELD CHECK
FILING NUMBER: RE-1198 and SE-369 DATE OF INSPECTION: August 14, 1989
NAME: Dorothy A. Lell and Marguerite K. Scott
REQUEST: Recorded Exemption and Subdivision Exemption
LEGAL DESCRIPTION: Part of the SE} of Section 7, TIN, R66W of the 6th P.M. ,
Weld County, Colorado
LOCATION: Adjacent to the south boundary of Fort Lupton between U.S. Highway
85 and Old U.S. Highway 85
LAND USE: N City of . Fort Lupton, vacant land, and single family
residences
E Agricultural production
S Agricultural production
W U.S. Highway 85, northwest are 2 residences •
ZONING: N R-1 County zoning and Fort Lupton zoning
E A (Agricultural)
S A (Agricultural)
W A (Agricultural)
COMMENTS:
Access to this property is on a 25 foot road which is considered a road by
usage only according to the Clerk to the Board's office. It leaves Old
Highway 85 to the west. Proposed Lot A is in nonproductive farmground.
Proposed Lot B is in nonproductive farmground and the western portion of it
is substantially lower than proposed Lot A. Proposed Lot B contains a
residence, barn, and outbuildings.
The proposed subdivision exemption lot contains a house, garage, corrals,
and an outbuilding.
B inief
n n J. Cr,
Current Fla er
DEPAR'ENT OF PLANNING SERVICES
(74-1 ••t• t
( PHONE(303)356-4000 EXT.4400
$ 915 10th STREET
IW!. mpigH .
GREELEY,COLORADO 80631
1 I pc
COLORADO
•
July 26, 1989
•
Mrs. Dorothy A. Lell
123 Harrison Street
Fort Lupton, CO 80621
,Subject: SE-369 - -
•
Dear Mrs. Lell: -
•
Your subdivision exemption application is complete and in order and will be
processed by our office on or before August 15, 1989. If it is determined
that the application meets the approval criteria of Section 9-3 E. of the
Weld County Subdivision Regulations, you will be notified that the
subdivision 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 subdivision exemption.
If you have any questions concerning this matter, please feel free to call
me.
Respectfully,
2- )A4e(d7 AA/7
Lanell J. Curry
Current Planner
LJC:rjg
/�7G l v- -eg
0
DEPAFAENT OF PLANNING SERVICES
5 y PHONE(303)356-4000 EXT.4400
915 10th STREET
GREELEY,COLORADO 80631
I
C.
COLORADO
September 13, 1989
Beard of County Commissioners
Weld County Centennial Center
915 Tenth Street
Greeley, Colorado 80631
Subject: Recorded Exemption 1198 and Subdivision Exemption 369
Dear Commissioners:
This request for a recorded exemption is submitted by Lorothy A. Lell and
Marguerite R. Scott. The applicants are represented by Joseph Lell. The
parcel of land on which this request is being made is described as part of
the SE-1/4 of Secticn 7, T1N, R66W of the 6th P.M., Weld County, Colorado.
The property iu located between Highway 85 and Old Highway 85, adjacent to
the south boundary of the City of Fort Lupton.
These lots were created through a combination recorded exemption and
subdivision exemption application approved in 1982. Approval of the
applications was conditional upon the applicants preparing easement
documents to avoid possible future conflicts because the lots share a common
driveway from Highway 85 and Old Highway 85. This requested document has rot
been made part of the file.
The City of Fort Lupton, Weld County Health Department, and the Fultcr. Ditch
Company 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 ccrcerns whether adequate water will be available for the
potential uses of the proposed 1.061 acre lot if the Division of Water
Resources' conditions of approval are met. The Division of Water Resources'
conditions are identified in its letter of August 29, 1989. The staff also
has concerns whether access is adequate to serve all three proposed lots.
Conditions of approval could address this concern.
Ci
Ecard of County Commissioners
September 13, 1989
Page 2
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 (n)
cf the Weld County Subdivision Regulations have been met.
Respectfully submitted,
i 11
cvi �
Lanell J. Curry (/
Current Planner
LJC:rjg
• •
5
CONDITIONS OF APPROVAL
RE-1198 AND SE-369
DOROTHY A LELL AND MARGUERITE K. SCOTT
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 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 by the Department of Planning Services. The
applicant shall be responsible for paying the recording fees.
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. A new well permit shall be obtained for the well cn the proposed 1 acre
parcel.
5. 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:
a. The well permit which will be available will be limited tc use
inside one single—family dwelling Only. Outside use for lawn and
garden irrigation is prohibited. Plat notes and covenants should
reflect this limitation.
b. The applicant should provide proof that an evaporative wastewater
system will not be required. The well permit can not be issued if
any evaporative system is required.
c. Prospective lot purchasers should be made aware of the limitations
on water use.
The foregoing conditions and/or restriction regarding joint use of
the well are contained in the Division of Water Resources' letter
dated August 29, 1989.
6. The applicant shall submit documents that indicate the applicant's
willingness to comply with the conditions and/cr restrictions of the
Division of Water Resources identified in its letter of August 29,
1989. The documents shall be submitted and approved by the Weld County
Attorney's Office prior to recording the recorded exemption plat.
7. Prior tc recording the plat, the applicant shall submit easement
documents showing the right of each lot regarding legal access. The
documents shall be approved by the Weld County Attorney's Office prior
to recording.
• e
APPLICATION FOR RECORDED EXEMPTION
PHONE: 356-4000, Ext. 4400
Department of Planning Services, 915 10th Street, Greeley, Colorado X
APPL. FEE 80631
,..47c-7‘FOR PLANNING DEPARTMENT USE ONLY: �j5� - / 7493
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:
7
A-.PA & 4,t Tile Soor# E43-.6 -= -,` ��A�C�' � f ft77,44/0.1)1-1�l;�-
kv/UsH/i° ,UaTTIT #A ,o6 /.-"r 4> S_ r <:o "Nr7 ['a Lc44do_ AirgfchAW-) 40 TOTAL ACREAGE: 11,
Has this property been divided from or had divided f . i nm_other ro erty since
August 30, 1972? Yes No f lJ1Q/
Is this parcel of .and under consideration the tota orr�tag uC2qu�r771$ d d by the
applicant? Yes No JUL L 1���
FEE OWNERS OF PROPERTY:
Weld Cu. Planniu? Cummfssiau
Name: Do6e51742- A . LE LL
Address: 1) 3 /Ij4/f'P}is7d /ii . Sr )', /=� LTN.uPCePhone: �'�J, 6)'c07
Name: Al,Q!y 'iz e / Y C . )1 ' fa c TT
Address: _25 IrA H/W /"i4c L LTL UPTopPhone: KC> 17 e7
ee
Name:
Address: Phone:
WATER SOURCE: Larger Parcel /4/c,L 2- Smaller Parcel ,11,1/51-
TYPE OF SEWER: Larger Parcel 5.6{{,°T/ C. Smaller Parcel SE/6/7C1
PROPOSED USE: Larger Parcel /20015-71C/741. Smaller Parcel /9 61 Lt
ACREAGE: Larger Parcel 7O-A.117 Smaller Parcel 1- 416.7
EXISTING DWELLINGS: (Yes or No)c (Yes or No) -
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.
/ C'®-7e'
COUNTY OF WELD ) ( ,l ,
STATE OF COLORADO ) Le
gnatur Owner or Authorized Agent
Subscribsd .and sworn to before me this /27/day of (it./Z.-7/ , 19
PU9\.� : ,^ ;Cry Public e cfca.ri/ Co
f• oF•cc.
My Con 't ibn'Expires '� y 1„,/9Pe2
APPLICATION FOR SUBDIVISION EXEMPTION
PHONE: 356-4000 Ext. 4400
Department of Planning Services, 915 10th Street, Greeley, Colorado 80631
FOR PLANNING DEPARTMENT USE ONLY:
CASE NO. APPL. FEE 4;00-
.
ZONING DISTRICT RECEIPT NO. / 729,j
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
exempted from the definition of the terms "subdivision" or "subdivided land" in .
accordance with Section 9-3 of the Weld County Subdivision Regulations by the
Weld County Board of County Commissioners.
General legal description of total involved parcel(s) /3447775°°7W1 194.5 Section
`/ T J- N, R W
IPtATIC\11?-
\ JUL 2 1 1989
yield Cu.
Has this property been divided from or had divided from it any other property
since August 30, 1972? Yes No
FEE OWNERS OF PROPERTY:Name: j oi_t_r ?, /�• _46162--
Address: � ,i 9LCe A) .77/=,j'LuPi°`goPhone 7S7 6- 7c' 7
Name:
Address. - —i --
0,Phone rc- ; 67(7
Name: -
Address: JS X �� C Phone ( 7
Total acreage of the
total property involved: .3j-6/P-5-
Existing land use of the ' ' K5� 4/ye PA f7-u eel
total property involved: vFJ
Existing land use of the _
adjacent properties: North: (?/VEND uSF /f1' South: / ' 6t4i,
East: Ea/1J - Sk ot4TA West: //P-
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.
STATE OF COLORADO ) // l r 1-e- --f .. L� �--?C.11-re _,,
COUNTY OF WELD )
Chp��, 'S natu e: Owner or Authorized Agent
• (c)'...'".. � , 19 p/
Suparkba$ARIK%sworn to before me this f day of c/ o
liAtticte;4
E'OF t0 -Notary Public /o pr; L 2 fo
/glrs /99O
My Co fission expires:
•
June 26 , 1989
Weld County Department of Planning Services
915 10th Street
Greeley , Colorado 80681
Re : Application Requirements for Recorded Exemption Parcel
To Whom It May Concern :
The purpose of this exemption parcel is to correct a subdivision
violation .
4. We would like to build a home close to our grandchildren and
animals , in a country environment that will provide a good view
of the mountains .
5. I have read the Weld County Comprehensive Plan and I want to
to build a residence on nonproductive agricultural ground .
6. This parcel is located within the urban growth boundary
area and complies with the Weld County Comprehensive Plan .
7 . This parcel will be consistent with efficient and orderly
development . The home will be a single family residence - a
ranch style house with a two car garage .
S. This property will be compatible with the surrounding area.
The residence will be south of the Ft . Lupton housing development
and is accessible from Weld County Road 10 1/2 .
9 . I will abide by all codes and will make sure the property
will ne consistent with surrounding properties in this area .
10. The water is provided by a well with a pressure system . I
have a state permit -nor the well . The sewage disposal will be a
septic system and will meet the State Health Department 's
requirements.
11 . The parcel of around is not in a flood plain . It is next to
Sakata Farms to the east and Ft . Lupton to the North and complies
with Weld County joining ordinance.
12 . This lot is accessible from Weld County Road 10 1/2 . Public
Service gas line is accessible to the property , as well as ,
telephone lines . Fire protection will be provided by the Ft .
Lupton Fire District . Police protection will be from the Weld
County Sheriff 's Department .
Sincerely ,
Jor.3.ny7H . cell
by 1Jo'seon I Le L i„map ,
WP.J. Rev. 76 . COLORADO DIVISION OF WATER RESOURCES `
818 Centennial Bldg., 1313 Sherman St., Denver, ER07tt1-- RECEIVED !
1I�Y/L�T`/1 L
PERMIT APPLICATION FORM
Application must JUL 0 6 1983 MAY 2 6 1983 ;,i"••be complete where (In A PERMIT TO USE GROUND WAR
applicable. Type or ( A PERMIT TO CONSTRUCT A 4'!E-L7-TE R( � E RESauta
print in BLACK FOR: ( A PERMIT TO INSTALL A PUMP SSFJAA
x EHCIIt
INK.No overstrikes n71O. C0M - -
- or erasures unless - - ( ) REPLACEMENT FOR NO.
inrNaied. ( 1 OTHER
WATER COURT CASE NO.
(1) APPLICANT . mailing address
FOR OFFICE USE
EI ^
ONLY: DO NOT WRITE IN THIS COLUMN
NAMESJOanet. i— gt� ,3'P J / 9
/// Receipt No. ,
• STREET----y�`�1717-0
1 Basin
CITY
�is ��/—OQt CO/ �L�r. Dist. . .
(State) (Zip) CONDITIONS OF APPROVAL
TELEPHONE NO. 7,,L p.... °to 0 This well shall be used in such a way as to cause
no material injury to existing water rights. The
(2) LOCATION OF PROPOSED WELL issuance of the permit does not assure the applicant
. a that no injury will occur to another-vested water
County d - right or preclude another owner of a vested water
�� right from seeking relief in a civil court action.
of the 3 E._ 'A, Section 7 1) APPROVED PURSUANT TO CRS 1973, 37-92-602 :
Twp-_1_ _, Rng- Cl _(�, a PM (b)(II) AS THE ONLY WELL ON A RESIDENTIAL SITL
iN•sr(E.vn CONSISTING OF 3.446 ACRES AS DESCRIBED IN THE
(3) WATER USE AND WELL DATA ATTACHED SURVEY. •
2) THE USE OF GROUNDWATER FROM THIS WELL IS
LIMITED TO ORDINARY HOUSEHOLD PURPOSES INSIDE-
Proposed maximum pumping rate (gpm) IS ONE SINGLE FAMILY DWELLING, AND SHALL NOT BE
Average annual amount of ground water USED OUTSIDE THE HOUSE FOR ANY PURPOSE.
to be appropriated (acre-feet): /
3) THE RETURN FLOW FROM THE USE OF THE WELL MUST
BE THRU AN INDIVIDUAL WASTE WATER DISPOSAL
Number of acres to be irrigated: 0 SYSTEM OF THE NON-EVAPORATIVE TYPE WHERE THE
Proposed total depth (feet): ig O Fr, WATER IS RETURNED TO THE SAME STREAM SYSTEM IN
WHICH THE WELL IS LOCATED: 7/z(( K3
Aquifer grou •
d water is to be obtained from: .
r fA Tc. .LAP
Owner's well designation R9 O1.54f y ® L, Lose 1 T • ran 7 rt GROUND WATER TO BE USED FOR: O� ti L,t COPY
/ Lit HOUSEHOLD USE ONLY - no irrigation (01
( DO
MESTIC (1) ( ) INDUSTRIAL (5)
r LIVESTOCK (2) I 1 IRRIGATION (6)
( ) COMMERCIAL (4) ( ) MUNICIPAL (8)
I I OTHER (g!
APPLICATION APPROVED
DETAIL THE USE ON BACK IN (11)
(4) DRILLER PERMIT NUMBER 131534
DATE ISSUED J U L 2 2 1983
Name IC e ou„ , 5. ,..0 / LL , Ai& JUL 221985
/ EX TION DATE
Street 7o2lcl W.,.' • A°,1 _ 3/ '
c-1,7 67 ,1,
City FT L cf, A N 4.0 i—o ce•veal/
/�-^� :I (state) (Zito) ASS) t:a t. (S TE G J R)
Telephone No. 51-5"---2
— t oq/Lic. No. BY
I.D. / - O 2.--COUNTY (0
A_
(5' THE LOCATION OF THE PROPOSED WELL and the area on (6) T E WELL MUST BE LOCATED BELOW
which the water w used mur a indicated on the diagram below. fstances from !WC)inn lines.
'Use the CENTER SECTION (1 se , 640 acres) for the well location.
��
.•'�.— '•-j' — '— — — -�- - -t- -- -;- -- -� -- -T" . . It. from 5O u r fsec. line
(n.n In nr south)
t 1.4 -- - 1 MILE,5280 FEET.—.- *' J2, I 2.-5O ft. from___ff* 57, see. line
i �- teat! u, west)
T. - . -- -1
i - i L01 BLOCK FILING r
— NORTH SECTION LINE SUBDIVISION
T — —I , I --1 — ---
I (7) TRACT ON WHICH WELL WILL BE
NORTH I I LOCATED I. 5 I L.•
�• H No. of acres Y' �— `r'r C. �'<Vjill this be
ZI I tn I /9 _
I �I I i nthe only well on this tract?__p"
ci F I 10z° (8) PROPOSED CASING PROGRAM
w r I Plain Casing
II — I m + f >it in. from ® ft. to 9 0 ft.
-- _ _ I I I I _kr_in. from et ft. to �® ft.
SOUTH SECTION LINE 4— - - --. Perforated casing
I _ I I I _in. from ft. to ft.
+ 1 '{- 4 4 + + in. from ft. to
•
I
I I (9) FOR REPLACEMENT WELLS give distant.
-k — --I- — + — T - ± _ + - -4- - + and direction from old well and plans for plugging
T it:
•
The scale of the diagram is 2 inches= 1 mile
Each small square represents 40 acres. •
WATER EQUIVALENTS TABLE (Rounded Figures) OWNER'S—COPYAn acre-foot covers 1 acre of)and 1 toot deep1 cubic foot per second Icfsl ...449 gallons per minute ( 'I
A family of 5 will r (gpm)
1 acre-foot...43.560 cubic feet approximately
gallons.of water per year.
1.000 gpm pumped continuously for one day produces 4.42 acre-feet.
(10) LAND ON WHICH GROUND WATER WILL BE USED:
Owner(s): 'JO S E. P S P—I 1. 4 S 4 Alf"' ✓,1 .
No. of acres:
,Legal description: ,Same ac5 /fe« Z e
IL
(11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal
system to be used. 'VOL! s
•
(12) OTHER WATER RIGHT 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
"'c7.; g CIO ,� r N -
(13) THE PPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS
T j THE
THE BEST OF HIS Isdg)OWLE
er
SIGN RE OF ArCANTfSI
Use additional sheets of paper if more space is required.
r
• REFERRAL LIST •
NAME: Dorothy A. Lell and Marguerite K. Scott CASE NUMBER: RE-1198
REFERRALS SENT: July 26, 1989 REFERRALS TO BE RECEIVED BY: August 9, 1989
COUNTY TOWNS and CITIES
Attorney _Ault
._ X Health Department Brighton
Extensicr. Service �_Dacono
'_Emergency Management Office _Eaton
_Sheriff's Office ____Erie
Engineering _Evans
_
Housing Authority Firestone
_Airport Authority X Fort Lupton_ -�=`e "` .:-.,f.) i u
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 _Platteville
Fort Lupton F-5 _Severance
_
Galeton F-6 _Windsor
----Hudson F-7
Johnstown F-S COUNTIES
__La Salle F-9 Adams
_
Longmont F-10 _Boulder
Milliken F-11 Latimer
_ _
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 Fulton Ditch Company West Adams
COMMISSION/BOARD MEMBER _
i IS' PI
• ROY ROMER h- O •
JJERIS A. DANIELSON
Governor ��R. State Engineer
\\l�876 r
' OFFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOURCES
1313 Sherman Street-Room 818 Denver, Colorado 802035] V4�S��
(303) 866-3581 D Pg-P_LI) VV_
August 29, 1989 ill AUG 3 1 1989
Mrs. Lanell J. Curry AW Cu. Nammig daspissiu�
Weld County Planning Department
915 10th Street
Greeley, CO 80631
Re: Lell/Scott Exemption, RE-1198 and
SE-369, SE1/4, Sec. 7, T1N, R66W
Dear Mrs. Curry:
We have reviewed the above referenced proposals to divide a total of
33.695 acres into three parcels of 30.249, 1 .061 and 2.385 acres. In 1982
(RE-571 & SE-163) , the 30.249 acre parcel was created along with a 3.446 acre
parcel from a 135.22 acre tract. Our office issued an in-house-use only well
permit (No. 131534) as the only well on the 3.446 acres. We now understand
that a second well (Permit No. 92715) exists on the 3.446 acres. It appears
that this well permit was issued in error. It is being shared by a house on
the 30.249 acres and a house on the proposed 2.385 acres. The in-house-use
only well is located on the proposed 1.061 acres.
Since these proposals would require only one additional well beyond what
was in existence prior to 1972, we could issue a new permit for the existing
in-house-use only well located on the proposed 1.061 acres. We can,
therefore, recommend approval of these proposals conditionally upon the
applicant obtaining a new permit for the well located on the proposed 1.06
acre parcel . The availability of a well permit and our recommendation for
approval is subject to the following conditions:
1. 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.
2. 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.
3. 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.
Mrs. Lanell J. Curryill • Page 2
August 29, 1989
In order to assure that a permanent water supply will be available on an
equitable basis to each of the lots sharing a well (Permit No. 92715) , 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.
Please let us know if you have any further questions.
Sincerely,
Qctntflh#
James R. Hall , P.E.
Supervising Water Resources Engineer
JRH/JCM/ble:4525I
cc: Alan Berryman, Division Engineer
Bruce DeBrine
!, . ii _ ` .4. \/ `lC ti- vi,r.+ t CC- -
oL _ ._$1, .;Zh., ,_, _t oeC�.
ittee
° 1 , i ✓yt4-C :'.�]Cpl.
VoADEP OF PLANNING SERVICES
ii� (I • PHONE(303)356-4000 EXT.4400
,. ITT •
915 10th STREET
pf ty GREELEY,COLORADO 80631
I
' a CASE NUMBER RE-11S8
,,; :'
COLORADO
July 26, 1989
TO WHOM IT MAY CONCERN:
Enclosed is au application from Dorothy A. Lell and Marguerite R. Scott for
a recorded exemption. The parcel of land is described as parr of the SE! of
Section 7, TIN, R66W of the 6th P.N. , Weld County, Colorado.. The location
of the parcel of land for which this application has been submitted is south
of and adjacent to the City of Fort Lupton.
' 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 August 9, 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. XX We have reviewed this request and find that it
does)dnewcxma,t comply with our Comprehensive Plan for the
C o lowing reasons.
I,- �o
e.
E.
r. x„ _g-2_
v7i 2. We do not have a Comprehensive Plan, but we feel this request
o (is/is not) compatible with the interests of our
1 town for the following reasons:
ra
mm �1 --
01 3. XX We have reviewed the request and find no. conflicts with our
interests.
4. A formal recommendation is under consideration and will be
submitted to you prior. to:
5� ease refer to the enclosed letter.
7, ; '4g7.
Signe jnoal-C Agency: for Fort Lupton Planning &
Date: August 9 1989 Zoning Commission
•
ros,(//"... 1T ORAfDU1
Atm
wilk To Weld County Planning August 2, 1989
Date
COLORADO From Environmental Protection Services (""""�(3 CFi.»1kott
v 1
Case Number: RE-1198 Name: Lell, Dorothy and
Subject: Scott, Marguerite
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.
WP97/cs
0 `� ['i ][\v/5
AUGjas. , i____,
4 1989
*In Ca .'i: u,,., ,.
DE ART�EN OF PLANNING SERVICES
$ (" • PHONE(303)356-4000 EXT.4400
.�. 915 10th STREET
..d GREELEY,COLORADO 60631 liPili
iiiiillC CASE NUMBER RE-I1S8
COLORADO
July 26, 1989
TO WHOM IT MAY CONCERN:
Enclosed is an application from Dorothy A. Lell and Marguerite K. Scott for
a recorded exemption. The parcel of land is described as part of the SE? of
Sectict 7, TIN, R66W of the 6th P.M. , Weld County, Colorado. The location
of the parcel of land for which this application has been submitted is south
of and adjacent to the City of Fort Lupton.
This applicaticu 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 August 9, 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 bones 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.
o
�?:22. We do not have a Comprehensive Plan, but we feel this request
9 '
eD Z1 (is/is not) compatible with the interests of our
— town for the following reasons:
b
a v
I
r I. i:i - �I
. We have reviewed the request and find no conflicts with our
interests.
l( 7
4. A formal recommendation is under consideration and will be
submitted to you prior to:
5. Please refer to t nclosed - er.
Si �,�'iG�ifi4-�--- Agency. L (#7.
Date: 7417„t% t.9,41,2
i • DEPARTiNT OF PLANNING SERVICES
�x PHONE(303)356.4000 EXT.4400
915 10th STREET
GREELEY,COLORADO 80631
•
•
JI>�
COLORADO
July 26, 1989
Mrs. Dorothy A. Loll
123 Harrison Street
Fort Lupton, CO 80621
Subject: RE-1198
• Dear Mrs. Lell:
Your recorded exemption application is complete and in order end will be
processed on or before Auugst 21, 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 cf 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 Fort Lupton
Planning Commission for its review and comments. Please call Tracey
Reynolds at 857-6667 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 Fort Lupton 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,
rya.n..ozed. 64-4-11-
Lanell J. Curry
•
Current Planner
LJC:rjg /27y/477-010 ' /
'Fr
September 7 , 1989
Weld County
Department of Planning Services
915 10th Street
Greeley, CO 80632
Subject: Road Easements
Dear Ms . Curry:
An easement was granted by W. E. Scott and Nellie Scott
to Clara Lee Martin from the Old Highway 85 which is now
Road 27 to the lane on the farm across the North 25
of Section 4 of Section 7 Township 1 North, Range 66 West .
This was recorded on December 30th 1952 in Book 1347 , page
45 .
State Highway easement on the West part of the lane that
runs along the bank running North to the West was granted
May 24 , 1955 . This same lane has been in existance since
before 1900 .
Sincerely yours ,
#6-ca-t,tfolat
Dorothy A. Lell
by oseph I .,,Le
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.ri 'I�889 ..�.No 1810711 1810711
3-I If
uAARANTYS'DEEbr"'°'°s'• Weld t'^'r Met s Rader
THIS DEED, Made this .97 '� day of November, 1979, ;
between REX E. SCOTT and DORO Y A. LELL of the County ;
of Weld and State of Colorado, of the first part, and DOROTHY A. r
a. LELL of the County of Weld and State of Colorado, of the ;
second part: -
• ' ::
WITNESSETH, That the said parties of the first
part, for and in consideration of the sum of Ten Dollars IT'
• and other good and valuable 6onsideration to the said parties .
of the first part in hand paid by said party of the second I
part, the receipt whereof is hereby confessed and acknowledged,
• have granted, bargained, sold and conveyed, and by these
presents do grant, bargain, sell, convey and confirm, unto
wo
n the said party of the second part, her heirs and assigns k
Aforever, all the following described lots or parcels of
o land, situate, lying and being in the County of Weld and
n State of Colorado, to wit:
A part of the Southeast one-quarter (SE 1/4), Section
g= 17, Township 1 North, Range 66 West of the 6th Principal
'j Meridian, Weld County, Colorado, described as: Beginning
ea at the East one-quarter corner of said Section 7; thence tr
c.., 589'02'30"W along the East-West centerline of said Section
7 e distance of 936.85 feet to the TRUE POINT OF BEGINNING; iii
thence SO7'00'.LO"W a distance of 452.36 feet; thence S89'
22'10"i/ a distance of 276.18 feet; thence N08'08'50"W a i
distance of 449.95 feet to a point on the East-West centerline
of said Section 7; thence N89°02'30"E along said East-West
centerline a distance of 395.14 feet to the TRUE POINT
OF BEGINNING. CONTAINING 3.446 acres more or less. TOGETHER $
. with a 20 foot wide non-exclusive easement for passage of live-
stock and herders, which easement lies 10.00 feet on either side
ofthe following described centerline, to-wit: Beginning at the
Northeast corner of the parcel hereinabove conveyed to Grantee,
, I which Northeast corner lies on the North line of the SE 1/4 of
said Section 7; thence S08°08'50"E a distance of 400.00 feet;
thence 581.'51'10"W a distance of 10 feet to the true point of
beginning; thence 508.08'50"E a distance of 100.00 feet to the
point of terminus; and TOGETHER WITH any and all right, title
or interest which the said parties of the first part may have
in or to any and all coal, oil, gas, cas.inghead gas, or other
minerals in, on or under the above described property, and the
right to prospect for and remove the same; and TOGETHER WITH
I all and singular the hereditament° and appurtenances thereto
belonging, or in anywise appertaining and the reversion
and reversions, remainder and remainders, rents, issues
and profits thereof, and all the estate, right, title,
interest, claim and demand whatsoever of the said parties of
the first part, either in law or equity, of, in end to
the above bargained premises, with the hereditaments and
appurtenances.
TO HAVE AND TO HOLD the said premises above bargained
and described with the appurtenances, unto the said party of
the second part, her heirs and assigns forever. And the
said parties of the first part, for themselves, their heirs,
executors, and administrators, do covenant, grant, bargain,
and agree to and with the said party of the second part her
heirs and assigns, that at the time of the ensealing and
delivery of these presents, they are well seized of the
. NO DOCUMENTARY FEE REQUIRED - TITLE PURPOSES ONLY
I
•
•
I
181.0711
I: 889 . ' .7-A.
II
I
I premises above conveyed, as of good, sure, perfect, absolute
'I and indefeasible estate of inheritance, in law, in fee simple,
Ii and have good right, full power and lawful authority to
grant, bargain, sell and contey the same in manner and form
I as aforesaid, and that the same are free and clear from
all former and other grants, bargains, sales, liens, taxes,
I assessments and encumbrances of whatever kind or nature soever,
except general taxes for 1979, payable in 1980, and subsequent
thereto; and EXCEPT:
(1) A gas pipeline easement described in Book 1538
at Page 560, Weld Coun ry records;
(2) A 25 foot road easement more particularly dea-
cribed in Book 1347, Page 45 of the records of the County Clerk
and Recorder of Weld County Colorado;
(3) Rights-of-way for County Roads 30 feet on either side
I of Section and Township lines, as established by instrument
I recorded in Book 86 at Page 273 of the records of the Clerk
and Recorder of Weld County, Colorado;
�' (4) Conditions and restrictions as set forth !n United
States Patent recorded Ln Book 677 at Page 72 of the records
of the Clerk and Recorder of Weld County, Colorado;
(5) An easement for the carriage of seepage water
through the SE 1/4 of the NW 1/4 and the E 1/2 of the SW 1/4 of
said Section 7, as established by instrument recorded in Book •
I628 at page 254 of the records of the Clerk and Recorder of
Weld County, Colorado;
(6) The terms, conditions, and restrictions set forth
in that certain Oil and Cas Lease recorded in Book 629 under
Reception No. 1550841 of the records of the Clerk and Recorder
of Weld County, Colorado;
(7) Limitations on access as described in an Access
Deed recorded in Book 1419 at Page 620 of the record* of the
Clerk and Recorder of Weld County, Colorado;
and the above bargained premises in the quiet and peaceable
possession of the said party of the second part, her heirs •
and assigns against all and every person or persons lawfully
claiming or to claim the whole or any part thereof, the
said parties of the first part shall and will WARRANT AND
FOREVER DEFEND,
IN WITNESS WHEREOF, the said parties of the first
part have hereunto set their hand* and seals the day and
year first above written.
J'/�,p� 7. -....--CA (SEAL)
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, I STATE OF COLORADO )
ee •
COUNTY OF WELD ) •
The foregoing instrument was acknowledged before
I me.this ,21:1 day of November, 1979. by Rex E. Scott and
Dorothy 11�✓+..G.r.o !r/f//Starr.' Owaty A/bs Jr/G
WITNESS my hand and official seal.
•' G"�•A•4 " My commission expire. /q
41 7A 76 •
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