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Home My WebLink About890133.tiff RESOLUTION RE: DENIAL OF RECORDED EXEMPTION NO. 1138 - FRED B. HUEBNER 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, at a public meeting held in the Chambers of the Board, did consider the request of Fred B. Huebner for Recorded Exemption No. 1138 , and WHEREAS, the request for Recorded Exemption No. 1138 concerned property which is located in part of the TO NWI , Section 34 , Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, this request was to divide the property into parcels estimated to be approximately 30 acres and 10 acres, and WHEREAS, after reviewing the submitted materials and hearing the testimony presented, Commissioner Brantner made a motion to approve said request, and WHEREAS, on a roll call vote, said motion was defeated, with Commissioners Johnson, Kennedy, and Kirby voting nay. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Fred B. Huebner for Recorded Exemption #1138 be, and hereby is, denied. The above and foregoing Resolution was adopted on the 1st:_ day of February, A.D. , 1989 . L 2 " BOARD OF COUNTY COMMISSIONERS ATTEST: / f��ittmAA ?ut WELD COUNTY, COLORADO Weld County Clerk and Recorder 62 / L, ___ and. Clerk to the Board C.W. Ki •y, C =irman BY: -.102A-M-4-e-- f�.�.a,J a• •�' a J son, Pro-Tem eputy County rk —____ APPROVED AS TO FORM: G e Brantner r ---- ' c: _/;',), __c_..2 George Kennedy r, ounty Attorney EXCUSED Gordon E. Lacy 890133 Yr // ry y/> /„ ♦: ✓ "re-Nag DEPARTML .T OF PLANNING SERVICES PHONE(303)356-4000 EXT.4400 915 10th STREET GREELEY,COLORADO 80631 Wilk COLORADO January 17, 1989 Mr. Fred B. Huebner 13512 East 132nd Avenue Brighton, CO 80601 Re: RE-1138 - Request for a recorded exemption on a parcel of land described as the W} NW} of Section 34, TIN, R66W of the 6th P.M. , Weld County, Colorado. Dear Mr. Huebner: I have scheduled a meeting with the Board of County Commissioners on Wednesday, February I, 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, t <; �11�J J. �� Current Planner LJC:rjg DEPARTMENT OF PLANNING SERVICES ( PHONE(303)356-4000 EXT. 4400 E 915 10th STREET \' GREELEY,COLORADO 80631 C. COLORADO February 1, 1989 \ L' Board of County Commissioners Weld County Centennial Center 915 Tenth Street }� Greeley, CO 80631 Re: RE-1138 Dear Commissioners: This recorded exemption request is submitted by Fred B. Huebner. The parcel of land on which this request is being made is described as part of the W} NW} of Section 34, TIN, R66W of the 6th P.M. , Weld County, Colorado. The property is located approximately 1 .5 miles east of the City of Brighton, east of Weld County Road 31, and south of Weld County Road 4. The request is to divide a 40 acre parcel of land, which is the total contiguous land holdings of the applicant, into two lots of thirty acres and ten acres, more or less. The proposed smaller lot is currently served by a domestic well. The applicant proposes sharing the well between the two lots. A septic system exists on the proposed smaller lot and is proposed on the larger lot. The Town of Lochbuie and the City of Brighton have reviewed the application materials and have no objections to the request. The Weld County Health Department has reviewed the request and recommended that each lot have a separate source of water instead of sharing a well. The Division of Water Resources has also reviewed the application materials and recommended approval if the applicant complies with certain conditions. 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 January 5, 1989. 890133 Board of County Commissioners February 1, 1989 Page 2 The staff requests that the Board of County Commissioners consider the application and determine if the standards of Section 9-2 E. (1) (a) through (m) have been met. Respectfully submitted, (%14-4416791 ett4/1 Lane11 J. Curry Current Planner LJC:rjg 890133 ,yam' -gas DEPARTM. .T OF PLANNING SERVICES ti PHONE(303)356-4000 EXT.4400 " y 915 10th STREET GREELEY, COLORADO 80631 C1 COLORADO December 27, 1988 Mr. Fred B. Huebner 13512 East 132nd Avenue Brighton, CO 80601 Dear Mr. Huebner: Your recorded exemption application is complete and in order and will be processed on or before January 12, 1969. 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 at least a week 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 Brighton and Lochbuie Planning Commissions for review and comments. Please call the City of Brighton at 659-4050 and the Town cf Lochbuie at 659-6273 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 both the Brighton and Lochbuie Planning Commission Meetings 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, !1,,Z-r C L' L' Laneil J. Curry Current Planner LJC:r;g ADDITIONAL COMMENTS Fred B. Huebner RE-1138 The Town of Lochbuie has stated that the proposal does comply with their comprehensive plan. However, they have expressed concerns regarding the number of animals that could be permitted on both parcels and the sharing of the well. 890133 DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Fred B. Huebner Case No: RE-1138 Legal Description: W} NW} of Section 34, TIN, R66W of the 6th P.M. , Weld County, Colorado Larger Lot Size: 30 acres, ± Smaller Lot Size: 10 acres, ± Criteria Check List Meets Criteria Yes No X 1. Consistent with the intent of the zone district. X 2. Compatible with the existing surrounding land uses. X 3. Compatible with the future development of the surrounding area. R 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 8. Lots accessible from an existing public road. 9. Adequate water supply. X 10. Adequate sewage disposal in compliance with requirements of the Weld County Health Department. X 11. Lots are not part of a recorded exemption approved within less than five (5) years previous, are not part of a subdivision, or are not part of a Minor Subdivision. X 12. Does not evade the Weld County Subdivision Regulations requirements and Statement of Purposes. 890133 CONDITIONS OF APPROVAL RE-1138 Fred S. Huebner 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. 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 Regulations. 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, in Its letter of January 5, 1989, the following conditions shall be complied with: 1. 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 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. The applicant shall submit documents that indicate the applicant' s willingness to comply with the conditions of the Division of Water Resources identified in its letter of January 5, 1989. 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D ; •5/ lip — II r, A D 0 VA;")\ 5 co O i 1 O .t.u �1 l ♦ �5 35 (/ i'! \ s�so 0I O y I 1%, •J H g •� \ 11 1 I � �ji►1 • II 5R5 ri 9 �6, [ •5/AO', ri Q BM .•3 w. 1>� .�-,\ _ u �_ .A; '!° - A - .s� .��r �� ADA CO — ��:�ak�d6Y0U��169 \ti� � /%�'fll�� _i SURVEY W 0 C 570 520 52100001 1. 522 R 6 33 104 4` ` BARR/AK: Mapped, edited, and published by the Geological Survey nervvett 11 IJ ¢. .,-..•:acne: .._ a t J 1 CC:::leitD I • i • -e- I ° li I 2 ScB_ �- Ofhlt 03? 4 tr_a=r_..,„1 (7 ) P[........tradwanmemesa. ...........7 erd5-•:;,' 3 8 tv,) �,� I I 1. (4.1C I 174:74:74.2440:441/44,.4tztitii4 1.4. • 3 . il -t � _ YN.., steraillmaraneon......NotaNNPiemaNconsaNcas.nioN. pdSBtSR4b1f Ma"y'.y�j -aamrY�Z$NP..hl1YnR nt - tt L . , , .. .• , .. .. . . . . _ , , e, . ..,... . • `,3133 • x ADMINISTRATIVE REVIEW FLOW SHEET CASE If RE-I/ 3 APPLICANT: ` i..t p L Vg. p p � REQUEST: �L 7 p f p,vviwa.trw) LEGAL: ({ _ w& IUWl 3-y-I- (a6, LOCATION: /. 5 / L't'^0n4 3 { tuck 31 (/ .QS(4L4U 'A%cC 5/ Date By Application received /oZ -02c) -88 -Qii Application complete Letter to applicant drafted /a -01a -R2 Referrals listed /a2 ag pd� File assembled t 2, -171—8 `6 4 Letter to applicant mailed Referrals mailed $ Chaindexed ed 12.- -41- 84 . DPS recommendation drafted Administrative Review decision: History card completed COMMISSIONERS' HEARING DATE: p�H / /6) Y'9 Date By Air photo and maps prepared 2 Q 4 Jn„ Field check by DPS staff C� / �1 CC Action: CC resolution received History card completed (D2-/-(Cr? .V/V Recorded on maps and/or filed F'A b/c- 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 -/6 CASE NO. RE - 1 / 3e RECORDING FEE ZONING DISTRICT A q ric u_/4 u yet 1 RECEIPT NO. _ DATE J -aa -$s 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: See attached Map and Description TOTAL ACREAGE: 40.460 Has this property been divided from or had divided from it any other property since August 30, 1972? Yes k No Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes x No FEE OWNERS OF PROPERTY: Name:: Fred B. Huebner • t oa N996, Address: 19512 East 132nd Ave . Brighton.Co , P„hone: 659-2879 — ealtd-wk - Co-4a Oc/ e y40 . 041,e /OF, Name:: _Pe&t_ te . f)Z 8Sa3d2 �y _ Address: DEC 22 Name: 1988 -� Address: e: 1 _ Proposed domestic or to. aoo� WATER SOURCE: Larger Parcel-shared well Smaller Parcel Domestic well — proposed septictank TYPE OF SEWER: Larger Parcel and leach field Smaller Parcel septic tank & Leach field PROPOSED USE: Larger Parcel Q,.,Z,Cu (Iupla., Smaller Parcelklesnc4,s414/A/ kfX Ls R,Cu� �0�2� mow., ACREAGE: Larger Parcel A. Smaller Parcel /G P _ EXISTING DWELLINGS: (Yes or No) /'q c (Yes or No) V c S • — 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 ) or zed gnature• Owner or Autho zed Agent Subscribed z.nd sworn to befor4 me this c)/571 day of As[ec2.0,4•- , 1911. (SEAL) `tiL `� Nopary Public 8901.33 My Commission Exp'ses 7—/Q- ?o Brighton,Colorado December IL,1988 WELD COUNTY Department Of Planning Services 915 10th Street Greeley,Co. 80631 Dear Sirs, I have owned the subject property since 1971,and have reached the mature age of retirement, I have need to dispose of some of the pro- perties and have offered the property for sale for the past two and half years, we have contact with a party that 30 acres would fit their needs,and their needs would be compatable with the area,and the properties to the south and west, which are smaller agriculture acre- ages,and is consistant with the area. These people derive their living outside the area,however want to live in a rural area,and maintain a few livestock and animal interests. A4a ms county begins about three fourth of a mile south of this property and these properties are being developed in two and one half and five acre plots,this indicating favor for smaller acreage rural development. The property is located three miles east of the Platte river,at a elevation about four hundred feet above the river bed flow line,with no stream beds within the vacinity that would create a flood plane. Hopeing this information will assist you in makeing a favorable decision. Sincerely Yours Fred Buettner 1w- 890133 �_ I (FOUNOaS4RESAR 2 JEEP, ./4 30"MONUMENT ) 2656.96 h N89.54 40"E— 1328.4(i — - -__ye_ --3t— --+— ......x.____ -..-r--- -4,- 40 4 RESAR b LS. 12330 TYP.) p( — LS2'73o 8 t. vt M inl. co N o F hPARCEL B t0 ti 30. 132 ACRES >t to NAIL T ON NIL un 1 40 II I M T I 30' .-1-30 n (�� O • EXISTING 8 / WATER WELL U) Q j Q u b N a O m N90•00 00 E 1327.03 /y �y N IT* ci• BARN HOUSE an O PARCEL A i CONTAINS: 10.328 AC.± P.: M 10 ,� / n Polnt of `i f/Bipinn'nq N .. !• A K a o 389. 30' 02"W — 1326.54 K n m co FENCE s co (SOUTH 1314.42) s CONTAINS: 39.999 AC. f 6.1 .y r V.; 1_,S. 115-o4 -' 4, i- � _ _ 1324.62 ' -W 1/4 CORNER, SEC.34, 1 I (FOUND *566WREBAR) 890133 ` I K(`OUNoe4PIN) "' The West one-half of the Northwest one-quarter of Section 34, Township 1 North, Range 66 West, EXCEPT the South 1314.42 _ 1320.48 \ feet thereof. Contains: 40.460 Acres more or less. LEGAL DESCRIPTION PARCEL A: A PART OF THE WEST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SECTION 34. TOWNSHIP 1 NORTH. RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST ONE-QUARTER CORNER OF SECTION 34 ; THENCE NOO°00'00"E ON AN ASSUMED BEARING ALONG THE WEST LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 34 A DISTANCE OF 1314. 42 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NOO°00'00"E ALONG SAID WEST LINE A DISTANCE OF 341 . 00, FEET TO A POINT 987. 54 FEET SOUTH OF THE NORTHWEST CORNER OF SECTION 34; THENCE N90°00'00"E ON 11 A LINE THAT RUNS THROUGH THE CENTER OF AN EXISTING WATER WELL A DISTANCE OF 1327. 03 FEET TO THE EAST LINE OF SAID W1/2 NW1/4; THENCE S00°05' 02"W ALONG THE EAST LINE OF SAID W1/2 OF NW1/4 A DISTANCE OF 337. 15 FEET TO A POINT 1314.42 FEET NORTH OF THE .L. SOUTHEAST CORNER OF SAID W1/2 OF NW1/4 OF SECTION 34; THENCE 589°50'02"W PARALLEL WITH SAID SOUTH LINE A DISTANCE OF 1326. 54 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS: 10. 328 ACRES MORE OR LESS. RESERVING THE WEST 30.00 FEET THEREOF FOR WELD COUNTY ROAD 31 . LEGAL DESCRIPTION PARCEL B: - A PART OF THE WEST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SECTION 34, TOWNSHIP 1 NORTH. RANGE 66 WEST OF THE 6TH PRINCIPAL [I] MERIDIAN. WELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST ONE-QUARTER CORNER OF SECTION 34; THENCE N00°00' 00"E ON AN ASSUMED BEARING ALONG THE WEST LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 34 A DISTANCE OF 1655.42 FEET TO THE TRUE POINT OF BEGINNING; THENCE N90°00'00"E ON A LINE THAT SCALE: 1"4x200' RUNS THROUGH THE CENTER OF AN EXISTING WATER WELL A DISTANCE OF 1327.03 FEET TO THE EAST LINE OF SAID W1/2 NW1/4: THENCE NOO°05 02"E ALONG THE EAST LINE OF SAID W1/2 OF NW1/4 A DISTANCE OF 989.60 FEET TO THE NORTHEAST CORNER OF SAID W1/2 NW1/4; THENCE S89°54 '40"W ALONG THE NORTH LINE OF SAID W1/2 NW1/4 A DISTANCE OF 1328.48 FEET TO THE NORTHWEST CORNER OF SECTION 34 ; THENCE SOO°00'00"W ALONG THE WEST LINE OF SAID NW1/4 A DISTANCE OF 987. 54 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS: 30. 132 ACRES MORE OR LESS. RESERVING THE WEST 30. 00 FEET THEREOF FOR WELD COUNTY ROAD 31 AND RESERVING THE NORTH 30. 00 FEET THEREOF FOR WELD COUNTY ROAD 4. SKETCH PLAN , Port W 1/2 NW 1/4 Section 34 , TIN , R66W, Weld County , Colorado. ALPHA ENG/NEER/NG8 96+133 SIT 6TH STREET-P.O. BOX 392 • FORT LUPTON, COLORADO 00621 METRO (303)573-5106 • FORT LUPTON (3031051-2300 REVISIONS ST DATE PREPARED FOR FRED HUEBNER DRAWN SY J.C. *ALE I " z 200' SDOR - DATE 9-29-88 PAGE - FILE NO. 34-IN6- 03 FIELD CHECK FILING NUMBER: RE-1138 DATE OF INSPECTION: January 11, 1989 NAME: Fred B. Huebner REQUEST: Recorded Exemption LEGAL DESCRIPTION: Part of the We NW} of Section 34, T1N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: South of Weld County Road 4 and east of Weld County Road 31 . LAND USE: N Weld County Road 4, a paved road, dryland pasture, oil and gas production E Dryland pasture, 1 residence S One residence, dryland pasture W Weld County Road 31, 3 residences ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Access to both parcels is from Weld County Road 31, a gravel road. This parcel slopes from the north to the south. The property is currently not productive and is in dryland pasture. An old house and barn exist on the proposed smaller lot.By( 1/4-64,tiud_ an 11 J. y Current P1 ner 890133 OF CORD 1.4° q ROY ROAMER F � '� JERIS A. DANIELSON Governor " State Engineer 1876 *� OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 January 5, 1989 Mrs. Lanell J. Curry Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Huebner Exemption, RE-1138 NW1/4 NW1/4, Sec. 34, TIN, R66W Dear Mrs. Curry: We have reviewed the above referenced proposal to separate 40.4 acres into two lots. Well Permit No. 141089 has been previously issued as the only well on the 40 acres. The applicants propose to share this well between the two lots. The well permit has no restriction prohibiting the proposed use. No additional exempt wells will be permitted on this 40 acres. 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. Sincerelyy,,,a Hal b.Simpson, P.E. n Deputy State Engineer � HDS/JCM:9702I ll IAM 1 2 1989 cc: Steve Lautenschlager v 890133 Nell Cu. REFERRAL LIST APPLICANT: Fred B. Huebner CASE NUMBER: RE-1138 SENT REFERRALS OUT: December 27, 1988 REFERRALS TO BE RECEIVED BY: January 5, 1989 NO SR NR NO SR NR County Attorney X Weld County Health Dept. Engineering Department County Extension Agent _ Office of Emergency Mngmt Ed Barring V/ X State Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, CO 80203 X City of Brighton rP Planning Department 22 South 4th Avenue Brighton, CO 80601 X Town of Lochbuie Rt. 4, Box 99 Brighton, CO 80601 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 REFERRAL LIST fib---17 //38 NAME: CASE NUMBER: REFERRALS SENT: COUNTY TOWNS and CITIES _Attorney Ault X Health Department X Brighton _Extension Service Dacono _Emergency Management Office Eaton ____Sheriff's Office Erie _Engineering Evans _ _Housing Authority Firestone _ _Airport Authority Fort Lupton Building Inspection Frederick Garden City STATE Gilcrest _X_ Division of Water Resources _Greeley Highway Department Grover _Department of Health Hudson _Historical Society _Johnstown Water Conservation Board Keenesburg _Oil and Gas Conservation Commission Kersey �La Salle FIRE DISTRICTS X Lochbuie ____Ault F-1 Longmont ____Berthoud F-2 Mead Brighton F-3 Milliken _Pacono F-19 _New Raymer _Eaton F-4 _Nunn Fort Lupton F-5 Platteville Galeton F-6 _Severance Hudson F-7 Windsor ____Johnstown F-8 La Salle F-9 COUNTIES Longmont F-10 Adams _ Milliken F-11 _ Nunn F-12 Larimer Boulder v _ _ _Pawnee Platteville F-13 FEDERAL GOVERNMENT AGENCIES _Platte Valley F-14 _US Army Corp of Engineers Poudre Valley F-15 USDA-APHIS Veterinary Service _Rayner _Federal Aviation Administration _Southeast Weld F-16 Federal Communication Commission _Windsor/Severance F-17 Wiggins F-18 Western Hills F-20 SOIL CONSERVATION DISTRICTS _Brighton OTHER Fort Collins Central Colo. Water Conservancy Dist. _Greeley _Panhandle Eastern Pipe Line Co. Longmont _Tri-Area Planning Commission West Adams COMMISSION/BOARD MEMBER EORR11DU Weld County Planning January 9, 1989 To Date —_— Environmental Protection Services 9txte,61,Dchirigett;70-- �TARADD From --Case Number: RE-1138 Name: Huebner, Fred B. Subject: — — -- -- -- Health 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. The Division recommends that each lot have a separate source of water instead of sharing a well. EPS/dgc tI IIV JAM 1 19Fc' � J 1 Weld Cu. P'mum 89J133 DEPARTMLNT OF PLANNING SERVICES 'AV/ PHONE(303)356-4000 EXT.4400 915 10th STREET 4111, GREELEv,COLORADO 80631 C. CASE NUMBER RE-1138 COLORADO December 27, 1988 TO WHOM IT MAY CONCERN: Enclosed is an application from Fred D. Huebner for a recorded exemption. The parcel of land is described as part of the W} NW} of Section 34, T1N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1 .5 miles east of Brighton. This application is submitted to your office 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 proposal and will ensure prompt consideration of your recommendation. Please reply by Ja:,uary 5, 1989, so that we may give full consideration to your recommendation. Please call Lenell J. Curry, Current Planner, if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate boles below cnd 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. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatille with the interests of our town for the following reasons:___ 3. We have reviewed the proposal and find no conflicts with our interests. Cott° PL44 DESt6N.4Tn1__ Rr.SIOd4114L , A-bb. u 5 E catS - 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: j7/I Sega. Agency: in OF' GQ1W-151,1/41 Date: / 2. -- 2.45 -- t$$ 890133 • DE}'ARTMEN r OF PLANNING SERVI(_ I [ PF ENE 0"11 J°Fi d0('7 E%( 915191 ,ret S1 (.,� I �i7LEt EV. COLORADO '' I v tAFI 11MBEA Itli- 11"18 COLORADO her,m1,et 27, 19F8 1989 PINY (CNCLRla: . Planing Corr. Fr. t 1u PP .-pplicat',or from Fred F. I.uebner for a recorded exemption. The Nice ] of land is described t.z. pert of the W M of Section 36, TIN. fl(E1' of the Fth P.M. , Weld Count. , Ccl. rado. The location of the parcel of land for which this application has- 1 : uln-+iitr.t is apprcllrately 1 .5 miles Fr-.t of brightor. 1 This ah; ]i.- tion is submitted to ,ct:r olt icc for reaicv cri reconnner.d:.lion. Any cor-merts or recoumei'dation you ccn5Juet r. ltv;nit to this request vculd be appreciated. Your prompt reply will hell to I '. : titate the pro. .:s- ,inf, vi the prcpes:." and will ensure precept consideration of your reccrmerdation. Please rep!) h. :a:.uary 5 , 1989 , uo ! La at may give full consideration to your recomt:endation. Please call L: roi ' Z. Curry, Current Planner, if you have any questions about this referral. Thank you for your help and cocperation in this matter. Check the appropriate bo::es below cu; return to our address- listed above. I. if We have reviewed this request and find that the request (does/doss out) comply witl' cur Comprehensive Nor C- 2. We do no have a Corprehensi'.'e Plan, but w•c feel this request (is/is not) compatil l .- with the interests of our town for the following rcasons: 3 Fe have revicuued the proposal and find no conflicts with our interests. 4. A formal tecorvmendation is uncle; corsideratiou and will be submitted to you prior to: 5. ✓" Please refer to the enclosed letter. Signed: , 49 '.i'c/r i4 Agency G(L itane'/t_ . 5,7;g2/e4„4/GG�i Date ` {� -2"/ 890133 ,9E-f/as DEPARTM. IT OF PLANNING SERVICES 'ei‘lfrti i;',,t _ PHONE(303)356-4000 EXT. 4400 ,e4'? 915 10th STREET «28-ei F. GREELEY, COLORADO 80631 . III ei CASE NUMBER RE-1138 COLORADO December 27, 1988 TO WHOM IT NAY CONCERN: Enclosed is an application from Fred E. Euebner for a recorded exemption. The parcel of land is described as part of the W§ NW$ of Section 34, TIN, R6EW of the 6th F.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1.5 miles east of Brighton. This application is submitted to your office for review and recommendation. Any corments or recommendation 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 recommendation. Please reply by JaLuary 5, 1989, so that we may give full consideration to your recommendation. Please call Lenell J. Curry, Current Planner, if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate buses below and return to our address listed above. 1. We have reviewed this request and find that the request (does/does not) comply with. cur Comprehensive Plan for the following reasons. L o-1 2. We do not have a Comprehensive Plan, but we feel this request 5 l (is/is not) compatible with the interests of our —_ -- town for the following reasons: — In , — . - ,p C.. ' ' 3. — We have reviewed the proposal and find no conflicts with our interests. LS-T2 l n14. A formal recommendation is under consideration and will be L - it submitted to you prior to: 5. ✓ Please refer to the enclosed letter. > Y ) ,. Signed: _ _,,:/ . e ' �; _ A er.c 'So�� //-L c-1 >`z Date: 1/oil ,? • AGREEMENT THIS AGREEMENT made and entered into this day of , 19 , by and between FRED B. HUEBNER, Seller, and WILLIAM J. NEVILLE and BEVERLY A. NEVILLE, Buyer, as follows: WHEREAS, the Seller is selling and the Buyer is buying Parcel B described on the sketch plan attached, Weld County, Colorado; and WHEREAS, a domestic well is located on Parcel A which is the property of the Seller, and the well belongs to the Seller; and WHEREAS, as a condition of said sale and purchase, the parties desire to agree upon the joint use, ownership and maintenance of said well . NOW THEREFORE, as for the consideration of the aforesaid sale and purchase, and as a part thereof, it is agreed: 1. From this date the parties shall jointly (1/2 to each) own and use the domestic well located on Parcel A. 2 . Each party shall be entitled to a substantially equal amount of water from said well and neither party shall substan- tially increase his use at any time without the prior consent and approval of the other party. 3 . A separate meter shall be maintained by each party. 4 . All costs of maintenance, replacement and repair shall be shared equally by the parties. In the event a party fails or refuses to pay his equal share of any maintenance, replacement or repair within thirty (30) days after billed by the vendor, then the other party may pay same and collect the amount paid plus twenty percent (20%) penalty. All decisions on the use and maintenance, etc. shall be made jointly except in an emergency, then the decision of one party shall be sufficient. 5. The Buyer shall have the right to ingress and egress to the well site as may be required for reasons of inspection, maintenance and matters related to the well and its joint use. 6. In the event that Parcel B becomes the property of the Seller by reason of foreclosure, then any and all rights of Buyer hereunder shall also terminate and cease and be null and void. 7 . Neither party shall have the right to permit another to use said well and the use of same shall be restricted to the respective homes and domestic use of each party. 390133 - 2 - 8. In the event the Seller or Buyer sells their respective property, there shall be no restriction on any subsequent assign- ment of this Agreement to their respective grantees. 9 . The provisions hereby shall be binding upon and extend and inure to the benefit of the parties, their heirs, representa- tives, successors in ownership of their respective properties, and assigns and shall run with the land. SELLER: Fred B. Huebner BUYER: William J. Neville Beverly A. Neville / -\ 890133 WELD COUNTY CERTIFICATE OF CONVEYANCES DEPARTMENT OF PLANNING SERVICES STATE OF COLORADO ) COUNTY OF WELD ) Order No. 8503665 Other County No. 3013110 The TRANSAMERICA TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has ectinmade aeful arch of shereindsinced finds August 30, e following conveyances affecting the real estate described 1972. LEGAL DESCRIPTION: The W1 of the NW4 of Section 34, Township 1 North, Range 66 West of the 6th P.M. County of Weld, State of Colorado CONVEYANCES (if none appear, so state) : 694 Reception No. 167 5913 , Book, Book 812 Reception No. 1733794�836 97 � Book � 8 Reception No. , Book 939 Reception No. 1860884 Reception No. , Book Reception No. , Book Reception No. , Book Reception No. , Book This . Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title nor an opinion of Title, nor a guarantee Title, and the��liability thereby limited of S toERICA the fee lTLE paid for this INSURANCE Certificate. • In Witness Whereof, TRANSAMERICA TITLE INSURANCE COMPANY has caus≥'this certificate to be signed by its proper officer this 8th day of December , A.D. , 19 88 at 7 :00 A.M. o'clock. TRANSAMERICA TITLE INSURANCE COMPANY By • A TRO ZEDS NATURE Hello