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Home My WebLink About890083.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 1137 - ARDON AND NADYNE HOPKINS 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. 1137 , does not come within the purview of the definition of the terms , "subdivision" and "subdivided land" , and WHEREAS, the request for Recorded Exemption No. 1137 was submitted by Ardon and Nadyne Hopkins for property which is located in part of the NEI of Section 17, Township 3 North, Range 68 West of the 6th P.M. , Weld County, Colorado, being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A" , said plat to be recorded, and WHEREAS , this request is to divide the property into parcels estimated to be approximately 5 acres and 3 acres. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove described parcel of land be, and hereby is, exempt from the definition of the terms, "subdivision" and "subdivided land" . BE IT FURTHER RESOLVED by the Board that this approval is subject to the following conditions: 1 . 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 system. 2 . A 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. 3 . 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 9-2C. (4) of the /� Weld County Subdivision 7?f �i 7 7 7 Uj=a'r ci 890083 Page 2 RE: RE #1137 - HOPKINS Regulations. The plat shall be submitted within sixty (60) days from the date of approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fees. 4 . Prior to recording, the applicant shall amend the plat to show the following: NOTE: "The Highland Ditch Company has a 30 foot easement for the purpose of ingress, egress . No fencing, gate, or construction shall be permitted on this 30 foot easement. " The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of January, A.D. , 1989 . � BOARD OF COUNTY COMMISSIONERS ATTEST: �TJ WELD COUNTY, COLORADO Weld County C rk and Recorder EXCUSED and Clerk to the Board C.W. Kirby, Chairman ('�� • Alrr- (NAY) �B _ �� a•�� 1 e J .h son, Pro-Tem eputy County erk thi (AYE) APPR VED AS TO FORM: enema R. Brantner George Ke dy ‘111 ' County Attorney (AYE) G ac 890083 RECORDED EXEMPT/ON NO. 1207 - Ft - I - R E 113 7 SHEET I OF 2 DATE: JANUARY 27, 1989 OWNER: ARDON H. & NADYNE M. .HOPKINS C/O NORMA SPECKETER (POWER OF ATTORNEY) 15741 WELD COUNTY ROAD 5 1808 DOTSERO AVENUE MEAD, COLORADO LOVELAND, CO 8053$ et/g LEGAL DESCRIPTION S / A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 17. TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 17 AND CONSIDERING THE EAST LINE OF SAID NORTHEAST QUARTER TO BEAR SOUTH 00'33'40' EAST, WITH ALL OTHER BEAR::NGS CONTAINED HEREIN BEING RELATIVE THERETO: THENCE SOUTH 00'33'40" EAST , 1350.57 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00'33'40" EAST, 68.43 FEET; THENCE SOUTH BI .06'20' WEST , 1242.00 FEET; THENCE NORTH 08'23'40" WEST , 336.00 FEET, THENCE NORTH 01 '08'40" WEST , 480.00 FEET, THENCE NORTH 18'58'20" EAST, 296.00 FEET; THENCE NORTH 09'46'00' EAST, 534.05 FEET TO A POINT ON THE NORTH LINE OF SAID NORTHEAST QUARTER; THENCE SOUTH 89'36 '00" EAST , 43. 13 FEET ALONG SAID NORTH LINE; THENCE SOUTH 09'02 '57' WEST, 547.71 FEET (SHOWN AS 540.89 FEET ON A PREVIOUS SURVEY ); THENCE SOUTH 18'29'00" WEST , 225.22 FEET; THENCE SOUTH 18' 11 '20' WEST, 70.00 FEET, THENCE SOUTH 01 '58'40" EAST , 291 . 17 FEET; THENCE SOUTH B9'53'40" EAST , 485.26 FEET; THENCE SOUTH 00'06'20' WEST , 318.75 FEET; ' THENCE NORTH 87'03'35' EAST, 616.37 FEET; THENCE NORTH 61 '53'26' EAST, 91 .49 FEET; THENCE SOUTH 88'51 '44' EAST, 43.50 FEET TO THE TRUE POINT OF BEGINNING; SAID TRACT OF LAND CONTAINS 8. 183 ACRES . MORE OR LESS, AND IS SUBJECT TO ANY RIGHTS-OF-WAY OR OTHER EASEMENTS AS GRANTED OR RESERVED BY INSTRUMENTS OF RECOPD OR AS NOW EXISTING ON SAID TRACT OF LAND. SURVEYOR'S CERTIFICATE �0 .W ITf� " /' I HEREBY CERTIFY THAT THIS PLAT HAS PREPARED UNDER MY SUPERVISION, z,,,,. \,2 E•4.j' AND THAT 111E SAME IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, 4419 "4":c3 5 It4 6616 in; it \i Y.C�f.'C%a S:.'J / te %• tea'aTALAND SURVEYOR,1E 'CULOIiAUO REGnLI 0 ! 6616R AHD . a a ", n '`- OWNERS CERTIFICATE WE, THE LNDERSIGNEU, BEING 111E SOLE OWNERS IN FEE OF,THE ABOVE DESCRIBED PROPERTY DO HEREBY SUBDIVIDE THE SAME AS 51101(11 ON 111E ATTACHED MAP. ( EA 4-1ti Ca NOT A SPECKETER (ROWER OF ATTORNEY FOR ARDON B. & NADYNE M,_ HOPKINS) . STATE or COLORADO ) coUHTY OF WELD )55 I. TIIE FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS / ' DAY OF G<'' _'" ,. A.D., 19`_"x . WITNESS MY HAND AND SEAL -THY COIIIIISSIUN EXPIRES: ,j/ / ._ 150 NOTARY PUBLIC THIS SLAT IS ACCEPTED AHD APPROVED TOR FILING. ,•� CHAIRMAN OF THE BOAR OF COUNTY COMMISSIONERS `l rlti,, l ATTEST: 1 '�'I4t+1.!t= '.T:t G n..., ; i t.. ♦a•- ', COUNTYJ CLERK AND RECORDER , . t'-1 �"?rg Bl� CricrK c¢�� 1/23DATED _ _X_S' _nnr o. rttnn-.- nun Inn' mt. A........a c.nat.... r..I......a,. 0nno4 mss... .... 89007 RECORDED EXEMPT/ON NO. 1207 - 17 - I - R E 1137 SHEET 2 OF 2 5/<6 II 0/ . 5097 --- *Water Tank �/G�/e d Co• o',./p:, 0 _F-- gi / \ � �. _ t, _ ' 0' (00' 200' 360' 400' Il ( ‘.� I �� iii, 1 �11 \ / JJ r ,�, �� -..„7, ,,,, 505° n _� 1 • Scale . 1 ":: ZOO . 5°<° == ° Ili PINS FOUND �/ / / / _J C i PINS SET ; --`�`- \ n 43,/3 LOCATION MAP 5.89°3600.5 SCALE: 1"=2000' - r_` /045.00' Pia/ o � 104/. 87' Ca/o.1 �'v h , Q a - 1 Nor/heels/ Corner ------ ,? O a Sec. /7, T3N.,2 86 a 1 °pI: a e< '_WP/d Coun/y i9ooc/No. 34 I Q o j tr s Ex � 110 1 0\ 30-- - a ° o I I � L om I VI m /'--r#4 rt5ar E c op !.S. 2/52 �ry iN V / O A m"x o0 `� / (1j aqa K) /Uofe: This p/o/ /s bused on the p/a/ of a nom_ O) o �� l �% previous survey by Lind Engineeti79 `c h t.o n , ' ; f CO' % �0 Inc. (0ct 29, /973) -,� GY 4i. rt., •57-,-,o V r � o `��, a a T Na m o� h , 1 No c , o ;r -, (s/4 rebar {cap 1,5, 273O .Gj r, S89°5340 E" 485.26' ao ve4 rebar 0 cap C,S. 7242 ., 14-1 1 LOf A .3.437 AC" 0 c\ 9.0i'E. o/orner Corner n N nnN,� {�ri�n G,SS Car'n Gs `v o`o o S. 85°5/44't. 43.50' n, L ,1/89°5340 ur 5358/' izgitT1 o N.(0/°53'Z6'E. 9!"49' F' o \I �° N char °0313 5 E7oo 6/6o" 37' —� 0 r1 � cull L0/ LJ asem�^t 'Oo �'n n 4. 74& AC cessw no Af- h Co' m ��m . -- _ /°06 ZO."W s 1a em 00 {or Hshal! be. bkoci DPer^"t/ o ° 1 ) L -- S.S lron � ,fah z0' ingress G 49 rate, or Construe en f �� No fenu'n9 i.9 oils 30. ea'sem MCRAC /r ; :Orr---'711(111,(!a/11:4. 1231 - 8th Avenue Greeley, Colorado 80631 Peo.l. 1 , DEPARTMENT OF PLANNING SERVICES ( PHONE(303)358-4000 EXT.4400 OL 10th STREET 1 GREELEY, COLORADO 80631 JI COLORADO January 18, 1988 01 Board of County Commissioners Weld County Centennial Center 915 10th Street Greeley, CO 80631 Re: Recorded Exemption #1137 Dear Commissioners: This recorded exemption request is submitted by Ardon and Nadyne Hopkins. The legal description for this parcel is described as part of the NE} of Section 17, T3N, R68W of the 6th P.M. , Weld County, Colorado. The property is located approximately 1.5 miles west of the Town of Mead, south of Weld County Road 34 and west of Weld County Road 5. This request is to divide an 8 acre tract of land, in the A (Agricultural) zone district, into two lots of 5 acres and 3 acres, more or less. This is the total contiguous land holdings of the applicant. Based on the submitted information and policies of the County, The Department of Planning Services' staff recommends the request be denied for the following reasons: The applicant has not demonstrated that the proposal is consistent with efficient and orderly development or that the use which would be permitted will be compatible with existing surrounding land uses. Mr. Hopkins obtained the deed to the NE} of NE} of this section, located east of the Highland Ditch, in 1965. Between 1965 and 1972, this 40 acre parcel was subdivided into seven separate parcels. In October of 1986, an eighth parcel was created when the Board of County Commissioners approved Recorded Exemption 940. Each of the eight tracts has a dwelling and the occupants of these dwellings have created approximately 12 accesses onto Weld County Roads 34 and 5. There is at existing access from Weld County Road 34 to the proposed lot which is used by the Highland Ditch Company and an existing residence. This parcel also has access to Weld County Road 5. 890083 Board of County Commissioners January 18, 1989 Page 2 The recorded exemption application does not address concerns related to compatibility with surrounding land uses or efficient. and orderly development of this area. This application simply provides a request for a lot to be divided into two separate lots. This property is located in the A (Agricultural) zone district. The minimum lot size for a residence in the agricultural zone district is 80 acres, irrigated and 160 acres, dryland. The agricultural zone district was not intended to provide regulations to accommodate residential development. The approval of an additional building site would continue to add lots to an unplanned rural residential area which has not utilized the subdivision regulations in the past to create the existing level of density. Normally, the subdivision process would be used to create an eight lot rural residential development. The subdivision process would include the use of notes on the plat to control such things as road maintenance, accesses, police and fire protection, and school district services. The Subdivision Regulations also permit the developer to create covenants allowing lot owners control over livestock, dogs, outdoor storage, home occupations, and junk vehicles. The Department of Planning Services' staff feels that sufficient justification has not been given to warrant exempting a lot at this time. Development in the immediate vicinity has reached a level where continued division of parcels would evade the intent of the Weld County Subdivision Regulations. In part, the purpose of subdivision regulations is to assist in orderly, efficient, and integrated development. Respectfully submitted, gent P f r P nner BJB:rjg 890083 CONDITIONS OF APPROVAL RE-1137 Ardon and Nadyne Hopkins L. 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 system. 2. A 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. 3. 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. 4. Prior to recording, the applicant shall amend the plat to show the following NOTE: "The Highland Ditch Company has a 30 foot easement for the purpose of ingress, egress. No fencing, gate, or construction shall be permitted on this 30 foot easement." 890083 DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Ardon and Nadyne Hopkins Case No: RE-1137 Legal Description: Part of the NEI of Section 17, T3N, R68W of the 6th P.M. , Weld County, Colorado Larger Lot Size: 5 Acres, t Small Lot Size: 3 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 Cverlay 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. X 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. 890083 N,. t F • x \„ \ •- .. G P•� I i_.• • • '—.�- - I i 1 3 5 7 • ' ' 9 .�� —• • �°...�• ,I t "•. 50 . oxr Mmnn1 O —I •o f ❑.°mlo 9 I �• , , • First \°pp I I w *I" !` _. } _• ~^I.�.;s. • 'r.a i .An.x.vu. • •�• JO•io STOWN �.• _. _ _ _ • 9 ' [4;:t_113-( / • • • A�`� T. • 48 t �F r�l\ • D �•A. FE, . GFC/x 'AWES/fAN _ AY o Cy♦u]/ • y-• A • a '_'Si:•ML ` 031 - D 1 / t ♦ n.x. - it • a _.. 1 /O EN t•/46 O 'nV•//• •• • Y •_• 1_I. L q'. ' • ., ...lam _. \\ � u _ • �' • ;:::1 I. • la• •rno 1Pr° x/ I. N ! J 44 • n.¢u].nx . .. .. -' •.. q . • • �'!t (. .1 iI . ; .-,--1 : ole♦ . ua1• 'u n c_____[...a .o •.A� s i. • . • -._' ,.� . -.- - ',VI• T.4 N. • J ; N .a j Q r t C • nto 1I '� 3, y E5TA 5 • I, ,n/xa/ /�_ I• W - • L;;N. i • =r _] ; rows =• ;• I- 'N0 42 _ °�• �_• •` •ri. ' la al?.:._ : t L la 1. la •. t yeoM.. ; •••5 to/ 4 •'' Y f / !: Q. • :. :4 a • C/ . I � . �— :: - jam - - 38 — _ Z I .r • • .q. d,?(I .. . 36 • .• y. ._. �_d ,� ICL• . • •q •moo d `� s' • :A • .I• �. �� A ° • NE l on q IS s i i r'\_,//- C . .I I • 34 '.fir, ]�• •t i _. R' I tl n• ouu T..3N ,' , ` ," y I II — � �- • p 0 t rn'tilE. • 415 • ' 1. I "�J E. 3, !fn 1 t)LATTEVIL.E • OQ A To. • .: - r i. x, eY • Satin It I I I� ' --at I '"-J.-t xa , " V 7 - - -28 • I N' t T•i t- 1. Y4Y4Y4 ]\' I ' G w- :.i It z. ..•,r 3.:. a i / • \\ • E'� xo dARBOUA ,CNOS f Sr • v.a,n , o . v ` » 'i -••`» 26 V' RSA TE REC� �1 _ F/ . A• , J] 6 a r • . • I c 24 -0,......, • •= •1 .• •:I »s .• © A .v. d�• • • v• • -• 7. ••cr ♦] ZIP •' •o l • -- . . . / I • • . •o x L x !NILLu — ,o \ 1 Ip-�— J .I` 22 O � C.,57 II11 r / C.) — • . ar.,- { - �i A I • EMU I� •ci • 41 • qq ..r. a odY f o..o • II ‘.i. A ` x •t• a A A E!! tf E FaiKeiL /O./. •L eon `' 9 i • A o'er, ,,.., •, .„... CEv N -8900e3 ,- '•l (� ' ; 6 cc,: .a.,. . • .A• ., YGf e `,) .� 31 I •- •y c. it '1\•7.• Fe•o coCP :g x{-• — _ice ':h' ,..<„,...., \ •L�[� 1 o,r 9' CAS /• 1 2 x F •�` ,. _ sue �t �as �� i -ring i corer -cc-- f_ �t� �. �� \ .0 i Mead i i \. Ilr 1 I kl n•f• p q�,/� � � —_ �� 1 t�' J 11 � — i / i ; •/601 .o V ��- . 5087 Water Tank / y 51/6 mg ) 3 ��JLILLi\ I I ��_ N 18 17 tl.b . 16 L,___•050 i85 \.. 35... � • / — J. \ cl K • • f',• 121 1,6 - - - -• 7 4451 • / 0r„ A• �3M 4414 •Grange Hall �� tM '1059 / yY76 h (4986 �� L� J I� I 4� Li / is ,\ 26 f �__V I . : ) ° 30 9) 29 i / c 28 1 r �. !491,4 � /� � (f . 4a� rt r ------N., 49 . 89 , i_ 1' Q-5) 4. CD � _ *' Li; _..� � **wrr !( rrl' MAY 4 A ,Te,�j :" 4e / zb' w s, • �Pz 4 , S',> x a * %' Sae . ya rpy'k* ! 4. g x a x' i* , 4 I -N}x .' • 7.. riit# `„ (` `•,, t i, �. * < ) , . , w . 890�Q83. • \''' ter' . . ° y,, •� d ^rte .. e o in.'• i., d i a • I, A. k ;Tt. u: t { i y�X ." L .�41 A° Y• x e .ln! « 4• u'9 , \ 111111 3 . 1' 4 u FIELD CHECK FILING NUMBER: RE-1137 DATE OF INSPECTION: December 21, 1938 NAME: Ardon and Nadyne Hopkins REQUEST: Recorded Exemption LEGAL DESCRIPTION: Part of the NE} of Section 17, T3N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1 .5 miles west of the Town of Mead; south of Weld County Read 34, west of Weld County Road 5. LAND USE: N Rural Residential E Rural Residential S Rural Residential, Farmland W Irrigation Ditch, Farmland ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) 4'. A (Agricultural) COMMENTS: On proposed Lot A, there are two structures, a single family home and an accessory structure. Accesses to the properties are from the north off of Weld County Road 34 and to the east off of Weld County Road 5. Both of these roads are classified as County local having a 60 feet right-of-way. Lot B is in natural grass. Natural drainage on the property is ir a southeasterly direction. The surrounding area is made up of similar lot sizes and uses which are rural residential. /-By: , � Brian_Y Bin ie — T Curtstl'Planner � 1 890083 I APPLICATION FOR RECORDED EXEMPTION PHONE: 356-4000, Ext. 4400 Department of Planning Services, 915 10th Street, Greeley, Colorado 80631 FOR PLANNING DEPARTMENT USE ONLY: APPL. FEE CASE NO. Ra =� RECORDING FEE ZONING DISTRICT RECEIPT NO. ' Y 4 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: See attached Exhibit "A" TOTAL ACREAGE: 8 Acres ± Has this ,property been divided from or had divided from it any other property since August 30, 1972? Yes No xx Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes xx No FEE OWNERS OF PROPERTY: Name: Ardon B. and Nadyne M. Hopkins Address: 1808 Dotsero, Loveland, CO 80538 Phone67-3843 Name: 771 4 Address: Phone: IU !ti r404 3 G 1988 IL Name: Address: Phone: *ala tql4WWL 4,41A4IiiSS101 Little Little WATER SOURCE: Larger Parcel Thompson Smaller Parcel Thompson TYPE OF SEWER: Larger Parcel Leachfield Smaller Parcel Leachfield PROPOSED USE: Larger Parcel Residence Smaller Parcel Residence ACREAGE: Larger Parcel 5 A. ± Smaller Parcel 3 A. ± EXISTING DWELLINGS: (Yes or No) No (Yes or No) Yes I hereby depose and state under the penalties of perjury that all statements, proposals, and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) J\.j c-1 C-� 7� i :� Signature: Owner or a Authhcized Agent Subscribed and sworn to before me this,-)0 day of /t.ctLe-,- A,02, , 19SJ . (SEAL) e�. �z„ �,.< Notary Public J My Commission Expires /r1/9 / 890083 7' l. Moos& 4. O . 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C IC D 000S0C -.4CO >.4• 0 >.•4 C0O .C •• -.4 M0 -w U C M L ••i 0 4-, 4+ M 4. .O. 4. N 0 0 4. 0 s O V) 4. O•O r C1:111) C C N 4- c U 4- N 1 O 04. 4. 4. W 0 CC 0 •- M C 0 t 14 3 0 O O 0 C Z C 0 •0 • •-I M C o t S M 04.1-0 +' H 0 0 0 00 0 -i CN 0 0 0 0 1- .•.i 0 Z O-.4 O-4 M U•0 0 0 .-I O'C C. 0 4. 0 J t 144+ 0 14 0) t 0 • r • U4. 0 .4N 0• f. C 4. U M_Ct CC 4.'0 U Ct V cIn c C4• S.— 13 1 ++ O M • O •.i N O -i M M-4-N •.i a' O M 0) •.i • 0 W 0 0 7 04. 0-i 0 0 0 0 0 0 O0S O 0 •-ice O C • J Z 0 0 0 0'O O 0 3 6 u 3 N 0..-. 4. O. D Z 0 0 0 WELD COUNTY CERTIFICATE OF CONVEYANCES DEPARTMENT OF PLANNING SERVICES STATE OF COLORADO ) COUNTY OF WELD RE: ORDER NO. WH17257 The WELD COUNTY TTTLF COMPANY TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972. LEGAL DESCRIPTION: PART OF THE NE/4 SECTION 17, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO, AS FULLY DESCRIBED ON WARRANTY DEEDS RECORDED APRIL 10, IN BOOK 521 AS RECEPTION NO. 1442670 AND NOVEMBER 9, 1965 IN BOOK 553 AS RECEPTION NO. 1475353. NOTE: THE ABOVE LEGAL DESCRIPTION INCLUDES PROPERTY WHICH HAD BEEN CONVEYED PRIOR TO AUGUST 30, 1972, COPIES OF THE WARRANTY DEEDS ARE ATTACHED HERETO. CONVEYANCES (if none appear, so state) : Reception No. 1778849 , Book 857 Reception No. , Book _ Reception No. , Book Reception No. , Book _ 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 of WELD COUNTY TITLE COMPANY _ COMPANY is hereby limited to the fee paid for this Certificate. In Witness Whereof, WELD COUNTY TITLE COMPANY COMPANY has p=aused this certificate to be signed by its proper officer this 21ST day of NOVEMBER , A.D. , 19 88 . at 7:00 A.M. o'clock. WELD COUNTY TITLE COMPANY COMPANY BY: td/t6L-4/1,VL Lai( AUTHORIZED SIGNATURE .0383 , at li 3' yr:rw. aYls,e.:.t 1 ° i.a ,9 '- a ,soft w n+r t age ; t a y - • .. r, ljl ' Ill Wi: y� .B h 4. -t- s e . -ce. ' n ASS dmilmommet— a - . =,dainty other wl 'F vgaBf�iB — .�......,j 0+ Ja ORATION aissrealliTh o saint geed, r re �iwldod see-half L teseet; ad to ,. ARBON I. NOM. ad Rein N. IMPRINI, os joist taaaato, '-Beeemd._r as undivided air-half iatemmat; of the deed Weld ,aditetsef Colorado the bashlf rd PeBMV la tin Oeegyef Weld sal Sete etdkeade,Ink. All of that part of the east half (11%) of the northeast quarter (Nit) of section seventeen (17), township throe (3) north, of range sixty-eight (68) test of the 6th P. 19., Weld County, Colorado, described as follows; Beginning at the northeast corner of said section seventeen (17); thence South 1' 33' East 1419 feet; thence South 80' 10' West 1242 feet; thence North 9' 20' West 336 feet; thence North 2' 05' West 480 feet; thence North 18' 05' East 296 feet; thence North dl' 30' East S44 feet; thence East 1033 feet, to the point of beginning( TOGETHER WITH, all ditch and water rights in any way connected with or appertaining to said land including one-half (1/2) share of the capital stock of the Highland Ditch Ccegany, and forty (40) units of water as allotted to said property by the Northern Colorado Water Conservancy District. It is intended that title to the above described property end water rights shall pass by virtue of this deed to the grantees above named as follows: To James E. Drayson and Norma G. Drayson, an undivided one-half interest, not in tenancy in coon, but in joint tenancy, the survivor of them, their assigns, .o)the heirs and assigns of such survivor forever; and Tu Ardon B. Hopkins and Nadyne N. Hopkins, an undivided one-half interest, not in tenancy in common but in joint tenancy the survivor of them, their assigns, and the heirs and assigns of such survivor forever with all its spparteaane. , and venial(*) Ibe title to the sme, abject to the lien of a Deed of Trust securing the original principal sum of $17,000.00, payable to The Equitable m Life Assurance Society of the United States, which grantees assume and agree to psi; and subject to existing rights of way and easements, and taxes for the year 1964; and, any lien resulting by reason of the inclusion of said property in the Northerl,l Colorado Water Conservancy District. Signed this twenty-eighth day of July ,1364 . I L . c L7 STATE OF COLORADO :r la Comity of BOULDER The foregoing instrument wasaelmowledged before me this , ,,,. 4th ,18 64 ,by DALE W. WRIGHT. 4,y .J L0. '{gels„y% V /or t_ s anode.' juts. GlopgethefiaLlAt s It �mVwly-wer�Waal r Arse rw Ira rm,r rr_:r ow ,..•• rwalr.Ur r Meet n i Y w in ew sr anima as ~Yet se other ypa,�b'°'ate- an IL YeWee No.Mt Was'Wen Asia twos a mow ION. I -- —ftseinlasidess smug cater.am ma,sYea Dave.a,lwr Q s S cannon LITTLE . HOMPSON WATER DISTRICT DIRECTORS: Telephone 532-2096 Gray J.Stbmeemon. 307 Welch Avenue President Draw G Glenn W.Gibson Sehteltsl.Colorado 80513 Leo Sahel Kenn Grommet Teen Reynotls E Tlcmas Mewl Dean Anderton MANAGER: John M.Grunt' October 18, 1988 Ms. Norma Specater 1808 Dotsero Avenue Loveland, CO 80538 Dear Ms. Specater: This letter is in response to your request that the Little Thompson Water District commit to provide domestic water service to a proposed new residence to be located on property described as follows: This property is located approximately 1} miles west of the Town of Mead, CO. , in the NE} of Section 17, Township 3N, Range 68 West of the 6th Principal Meridian in Weld County, CO. Currently, .the District has a 6" diameter main line located along Weld County Road 5 with additional capacity available. If the above property either borders Weld County Road 5, or has easement rights of access and utility placement bordering Weld County Road 5 which would not be in a traffic area, service can be provided via a 5/8" x 3/4" residential tap and meter placed at that location. If the property does not border or have the above easement rights, then improvements to the District' s distribution system would have to be made to provide this service. In accordance with District Rules and Regulations, these improvements would be made at the expense of the person(s) requesting service with no participation from the District. Therefore, we will commit to provide domestic water service to this proposed residence via 1 - 5/8" x 3/4" standard residential water tap subject to the conditions outlined above. The current price of this water tap is $3, 000 and is subject to change without notice. This commitment will expire one year from the date of this letter if the tap has not been purchased and installed by that date. If you have any questions, or should you need additional information, please contact our office. Sincer ly, ' TTY Barr1k . BD/jl Operations Supervisor - 890083 i- C'7.'s f- ticrrs> on (ro.i mi.. I2J 3y ' —�-- _ .I �� !/89'36"00'"W c s-, oZMortA.Lin ne y4_ S.c./7 e /\ e�y 9 3!_ ✓ I n• NIn1 A 1 -N89'J6•oo`W 4l./S' •T3Hor"COB H/ D 1U ji W� E i; i I O O ;' S G • - 3 u scale rpm°• '4. L o do ;_4 M V' tl a w 0 r• N ' 0 M N O _ to � 1.‘W ^y 01 2 f p k Q thu Li ha y k II o f I O ". �W F� �� I e P . J 1 ! CI ri F , W IW I do v o c, o� kit o Selo - i .M 0,� :" J o, o q 0 Z.ro h e is u I, ai �� . -- - -e I' e15o 1O .. I ^ Ray 6coR -\ f •y o G5 JouHrr 2 r `7 of 0 • *V VO�eL • J. . t it v Qa a . N• . * 0 t c q V Z u 0 p W l' '1m /1/89.53.40-4,'/1/89.53.40-4, ' O ' 485.26• , .A N � Y I• L.t I V . z II ic� O ::::: CO 0SS • — o ' Mel 1 - N/,,,LAND DITCN" �I _ • • • 890083 RECORDED EXEMPTION NO.- ARDON B. HOPKINS AND NADYNE M. HOPKINS Part of the East Half (E1/2) of the Northeast Quarter (NE1/4 ) of Section 17 , Township 3 North, Range 68 West of the 6th P .M. , Weld County, Colorado RESPONSES TO ITEMS OF 4 THROUGH 11 OF THE APPLICATION REQUIREMENTS: 4 . Applicants desire to divide the existing 8 . 183 acres into two separate parcels , one of which shall be approximately 5 acres and the other shall be approximately 3 acres . The 3 acre parcel shall contain the existing residence. The present parcel of land of 8 plus or minus acres is an odd shaped parcel of land with two separate accesses , one on County Road 34 and one on Ccunty Road 5 . The present property owners have owned this property since 1965 . Having owned this property for 23 years they are presently retired and if possible wish to maintain a separate residence on Parcel A, the newly created parcel . They may then sell off Parcel B with the existing residence which is far larger than what they need and difficult for them to maintain since Mr. Hopkins has undergone open heart surgery. 5 . The proposal is consistent with the policies of Weld County Comprehensive Plan. The tract is already too small to be considered prime agricultural land . Page 27 of the Weld County Comprehensive Plan at Paragraph 7 allows the division of agricultural zoned property into two separate lots to enable the property owner who is retiring an opportunity to live on or sell the existing farm improvements . The parcel is also located within the urban growth boundaries of the Town of Mead . It is located approximately 1-1/2 miles from the Town of Mead and services will be available, water to be provided by the Little Thompson Water District and the property being adequate for construction of a leachfield . No new accesses will be created to the property since existing accesses allow the subdivision of this parcel so as not to create a new access on to a County road . By dividing the property in the manner proposed by the applicant:, one parcel will have an access on County Road 34 and other parcel will have an access on County Road 5 . 6 . The proposal is consistent with the intent of the zoning district in which the subject property is located . The present size of the parcel is approximately 8 acres , more or less , and is not large enough to be an economically farmable unit . Under the policies and intent of the agricultural zoned district as shown by the Weld County Zoning Ordinance at Section 30 . 1 , the creation of this new parcel would not detract from maintaining and promoting agriculture as an essential feature of Weld County. 890083 7 . Each parcel will have a residence on it and this is compatible with the surrounding area as there are presently approximately 10 individual parcels in this area with acreages ranging from 2-1/2 to 10 acres each containing a residence. 8 . The uses permitted will be compatible with any future development of the surrounding area. The Master Plan of the Town of Mead does not include this area within their Comprehensive Plan although it is only 1-1/2 miles from the Town of Mead . Weld Ccunty designates this area as agricultural . No change of zoning or variance is being requested and therefore would not affect future development of this area. 9 . This proposal is not inconsistent with efficient and orderly growth of the area for the reason that similar uses are already taking place in this particular area and further by dividing this property which is odd-shaped into two separate parcels it will create more logically sized and shaped parcels of land and will not create additional accesses , each individual parcel to have its own access to a separate County road . 10 . The Little Thompson Water District has indicated that they would be able to provide domestic water service to any proposed new residence to be placed on the property and the existing residence is already being provided with domestic water service from Little Thompson Water District. The present residence has sewage disposal in the form of a leachfield and it is proposed that the new parcel of land , if a residence is constructed , would also be served by a leachfield . 11 . This property is not located in a flood plain, geological hazard area, nor is it located in the Weld County Airport Overlay District. ARDON B. HOPKINS AND NADYNE -M. HOPKINS BY ,k;O-^,/w Norma Specketer k 890083 • INTERSTATE CONSTRUCTION MANAGEMENT INCORPORATED 1113 CLEVELAND AVE. • LOVELAND • COLORADO • 60537 • [303]663-0660 • FAX: [303] 693-6979 November 30, 1988 Mr. R. Russell Anson The Law Building 1011 11th Avenue P.O. Box 326 Greeley, CO 80632 Re: Ardon and Nadyne Hopkins Weld County Parcel Dear Mr. Anson: Mr. and Mrs. Hopkins, of 15741 Weld County Road 5, would like to subdivide their property of approximately 8.2 acres, into two separate parcels. There are two separate accesses to the property, one to County Road 34 and the other one to County Road 5. These roads are part of the 8.2 acres. We have enclosed a letter from the Little Thompson Water District confirming that they can get water to the property. The approximate 4 to 5 acres that they would like to build on has been a problem forever, as it is not big enough to farm and is of little property tax for Weld County. The main reason that they would like to divide the property and build a smaller retirement house is because of their desire to live in the same area, as this has been their residence for the past 25 years. The house which is currently on the property has a large amount of yard maintenance, along with stairs, which they are unable to cope with due to their age and due to Mr. Hopkins having had open heart surgery five years ago. It is impossible for them to afford and keep up this property. The reason I am taking care of this for my parents is because they are in a warmer climate right now. When they return, I hope this can be taken care of to reduce the stress of where they are going to live. 890083 November 30, 1988 Mr. R. Russell Anson Page 2 They have asked me to take care of this and have given me a power of attorney. Sincerely, Norma Specketer /ss • • 890083 POWER OF ATTORNEY (REAL ESTATE) KNOW ALL MEN BY THESE PRESENTS, that 1, Ardon B. Hopkins and Nadyne M. Hopkins of the County of_ Weld , State of Colorado do make, constitute and appoint Norma Specketer _, of the County of Larimer , State of Colorado ., to act as my true and lawful attorney for me and in my name, place and stead for my sole use and benefit to grant, bargain, sell, convey,purchase,encumber or contract for the sale or purchase of the following described real estate situate in the County of Weld , State of Colorado _, to wit: See attached Exhibit "A" My said attorney-in-fact is hereby authorized and empowered to collect such monies as may become due from the sale, and to make,execute,acknowledge and deliver contracts for sale,deeds,Deeds of Trust,and other instruments in writing of every kind and nature, including,but not limited to,the sale and loan closing documents and statements, upon such terms and conditions as my said attorney may deem necessary and convenient to accomplish such sale or conveyance of said real estate.My said attorney shall have full power and authority to do and perform all acts necessary to be done to complete a sale or conveyance of said real estate,with full power of revocation, hereby ratifying and confirming all that said attorney shall lawfully do or cause to be done by virtue of this Power of Attorney and the powers contained herein. *This Power of Attorney shall not be affected by disability of the principal. *This Power of Attorney shall become effective upon the disability of the principal. *This Power of Attorney shall automatically expire by its own terms upon completion of the limited purpose set forth above. EXECUTED this 25th day of April 19 88 12 STATE OF COLORADO �a/�Q PRt Pat � LARIMER } ss. COUNTY OF 1111 The foregoing instrument was acknowledged before me this 25th day of :i 1 19 88 , by Ardon B. Hopkins and Nadyne M. Hopkins , the Principal. Witness my hand and official seal. ALAA.L., ` "' Nwa' Publ" My commission expires: 5/7/79 *Strike either or both according to fact. No.34R. Rev.6-86. POWER OF ATTORNEY I REAL FSrATEI Bradford Publkhin8.5825 W.611,Ave..Lakewood,CO 140214—(305)233-6900 4-87 f> 890083 • REFERRAL LIST APPLICANT: Ardon Hopkins CASE NUMBER: RE-1137 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: December 16, 1988 NO SR NR NO SR NR County Attorney ./ X Weld County Health Dept. i X Engineering Department County Extension Agent _ Office of Emergency Mngmt Ed Harring _I X Town of Mead c/o Bertina Wilden P.O. Box 217 Mead, CO 80542 X Highland Lake Lateral Ditch Company c/o Clayton Claus 3759 Weld County Road 36 Platteville, CO 80651 _ Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, CO 80220 _ 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 890083 LIND, LAWRENCE & OTTENHOFF ATTORNEYS AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P O.BOX 326 GREELEY.COLORADO 80632 GEORGE H.OTTENHOFF TELEPHONE KENNETH F.LIND '1 1305)351-2321 KIM R.LAWRENCE December 14, 1988 003)3569160 TELECOPIER 001)356.1111 Department of Planning Services 915 Tenth Street Greeley, CO 80631 Attention: Brian Bingle Re : Case No. RE-1137 Dear Mr. Bingle: Please be advised that your referral letter of December 2 , 1988 concerning RE- 1137 has been reviewed by the Board of Directors of Highland Lake Lateral Ditch Company and the Board has asked our office to respond. Please be advised that our client has no objection to the granting of this Recorded Exemption however , we would like to have the maps amended to reflect the prescriptive easement held and used by the Highland Lake Lateral Ditch Company . Specifically , the plat map on the west side identifies a ditch called the "Mead Lateral Ditch" . The Mead Lateral Ditch is a local name for the Highland Lake Lateral and said ditch exists along the entire west boundary of both proposed Lot " A " and proposed Lot "B" . We would like to have the map amended to show that the Highland Lake Lateral Ditch Company has a 30 ' easement for purposes of ingress , egress , repair , maintenance and construction with said 30 ' easement to be located immediately east of the lateral . Obviously , this easement affects both Lot "A" and Lot "B" and we would request that no fencing , gate construction or other type of construction be permitted on this 30 ' easement . Should you have any questions , please contact the undersigned. Very truly yours , LIND, LAWRENCE &, OTTENHOFF Kenneth F. Lind KFL/cg pc : R . Russell Anson 890083 1' E111 Ru II Weld County Planning December 8, 1988 lige To Date COLORADO From Health Protection Services I Pt. Case Number: RE-1137 Name: Ardon and Nadyne Hopkins 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. 2. An ISDS Evaluation or. all existing septic systems will be necessary prior to issuing the required septic permits on the existing systems. • 1' ' 2q>: I/0i 171) 890083 L., ..� v E60066 i n l •"' 1 ,' }!q , x '''.1:—.., +"" "5,'::1711, yt e1+N: .t _ct :. .2 j. 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