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HomeMy WebLinkAbout880983.tiff r, RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 1072 - BEVERLY ANN BENSON McCORD 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. 1072, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land" , and WHEREAS, the request for Recorded Exemption No. 1072 was submitted by Beverly Ann Benson McCord, c/o Andrew J. Simpson, Attorney at Law, for property which is located in part of the W} of Section 9 , Township 1 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 two parcels estimated to be approximately 10 acres each. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove described parcel of land be, and hereby is, exempt from the definition of the terms, "subdivision" and "subdivided land" . BE IT FURTHER RESOLVED by the Board that this approval is subject to the following conditions: 1 . The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be drawn in accordance with the requirements of Section 9-2C. (4) of the Weld County Subdivision Regulations. The plat shall be submitted within sixty days from the date of approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fees. 880983 9C ir,-i, P _`(__% CQ0251Ad � )icy.1+rt) Page 2 RE: RE #1072 - BEVERLY BENSON McCORD 2 . A Weld County Septic Permit shall be required for the proposed home septic system and shall be installed according to the Weld County Individual Sewage Disposal regulations. 3. The following notes shall be placed on the Recorded Exemption mylar prior to recording: a. Prior to applying for any building permits, the applicant shall submit to the Department of Planning Services evidence that a subsidence report was completed on each lot conducted by a qualified geotechnical engineer and approved by the Colorado Geological Survey. This report shall include information on any collapse of abandoned mines and appropriate hazard mitigation measures. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of October, A.D. , 1988 . e'', BOARD OF COUNTY COMMISSIONERS ATTEST: J WELD UNTY, COLORADO Weld County Jerk and Recorder WELD it �✓a" (AYE) and Clerk to the Board ene R. Brantn r, C airman ( g EXCUSED DATE OF SIGNING (AYE) Inc:... QjfcyK, , ,<, "lied 4,.) C.W. Kirby, Pro-Tem eputy County lerk (AYE) APPROVED AS TO FORM: Ja que . ' he nson j Go ac (NAY) G ounty Attorney � 4 (NAY) Frank amaguchi 880983 r (f( DEPARTMENT OF PLANNING SERVICES PHONE(303)358.4000 EXT.4400 91510th STREET GREELEY,COLORADO 80631 ee COLORADO October 12, 1988 ci/n , 2' Board of County Commissioners td Weld County Centennial Complex 915 10th Street Greeley, CO 80631 Re: Recorded Exemption #1072 Dear Commissioners: This request for a Recorded Exemption is submitted by Beverly Ann Benson McCord, c/o Andrew 3. Simpson, Attorney at Law. The parcel of land on which this request is being made is described as part of the W} of Section 9, TIN, R68W of the 6th P.M. , Weld County, Colorado. The property is located approximately one mile north and 1.5 miles east of the Town of Erie. This request is to divide a 10 acre tract of land from a 20.55 acre tract. This is the total contiguous land holding of the applicant. The Department of Planning Services' staff has concerns about the level of development and the potential for continued divisions occurring in this section. The applicant has failed to explain how this application is consistent with the Weld County Comprehensive Plan and how the configuration of the land split is consistent with efficient and orderly development. Since 1973, there has been seven Recorded Exemptions approved in this Section. In the west half of this section there are 29 parcels. The Department of Planning Services' staff has concerns about the piecemeal type of development occurring and the potential for it to continue in this section. Parcel splits in this area are reaching a level where continued divisions would evade the purpose of the Weld County Subdivision Regulations as defined in Section 1-3. Residential development in rural areas necessitates an increased demand for road maintenance, police and fire protection, school busing, snow removal, utilities, and other urban services. As density increases, so do service demands. Sincerely, n6 r urre Planner 88O483 ADDITIONAL COMMENTS RE-1O72 Beverly Benson McCord The Longmont Fire Protection District has requested a fire protection water supply system. This system requires fire hydrants separated by no more than 500. No dwelling shall be more than 300 feet away from a fire hydrant. Proof of an adequate fire flow within the system shall be provided, along with copies of the utility plans reviewed and approved by the Longmont Fire Protection District. The Colorado Geological Survey has recommended that a qualified geotechnical engineer experienced in subsidence investigations analyze drill-hole data and that of the property appropriate hazard mitigation measures should be devised prior to development. In 1983, a deed was recorded separating 10.55 acres from the 20.55 acres. This land split was not in compliance with the Weld County Subdivision Regulations. . r r CONDITIONS OF APPROVAL RE-1072 Beverly Benson McCord 1. A Weld County Septic Permit shall be required for the proposed home septic system and shall be installed according to the Weld County Individual Sewage Disposal regulations. 2. The following notes shall be place on the Recorded Exemption mylar prior to recording: - Prior to applying for any building permits, the applicant shall submit to the Department of Planning Services evidence that a subsidence report was completed on each lot conducted by a qualified geotechnical engineer and approved by the Colorado Geological Survey. This report shall include information on any collapse of abandoned mines and appropriate hazard mitigation measures. - P or the issuance o£ ny build or electrical permitp,- ans\Jr she be ubmitt by the pplig4nt d appr a by th Lon nt Fire Prot tion str}icr fi pro ecti wr supp y system. Pro of an quate fife flow n the tem shall be provided along%,ith copies of the utility plans. 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. ♦j ''A t v ty 7, , • , I a k y d axrw P i `' h. • r ,- • I I.. wt • t • ,1. 1 ' r f fff. o- . ,. y s i',`, fl ..a. ry a <, , p it, i,,it ''e? . Z�.5� ✓ «r Iw {•fff, . �! L k r , } tit 01 2 1• ":' ' ' y•' 9 'Y Y.Q. .. • _•• r0 •t, •••• 14;stAirr.t.', . '-T-i!,:s,:• o i- . ,_ i:'r� 4i f�l t k; ,1 K o / T 4 a • • • • I — • T - Y - 0 IYYr 42 W M 1 ` __ �F Y w •J • S y • w w�W.•••• • . . .I r•� • \ N../\/ K w •arat 1 �• •/'74.,w • ••• •. 34 - - c _ ' - •- _••- • - - -••. e- I� l ^�n.•••w, I _ - - .. • • ci T 3N •, 11. • -��. iti• r t r _. • - . } 1 I t- , r pK••u, T • 40 ••-'r •• N•�►`s r' :1 .e o nl ,. .r�r. , a lo�`i_^,'.�:.w d.• •}wyislai' �r-�•� I,.1, ,� 1 ,, • 2$ • „ f• a x :3 1 r - -' t d`• . .nm .. 11 3- • w Y/INBO F• •C•OS Y,', •-% '«Y'•'\. _ • 1 �'-,. 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( /�1 ''tn: ;r LINE. w •I 1) I• /R6B'W �, N L I) ' N 1 i 67 — ( I Y '�• } R66W Ii r ., A DAMS 780983 • 1 3 5 7 •9 11 1.3 15 17 19 21 23 25' �O♦27 29 31 33 es DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Beverly Ann Benson Case No: RE-1072 Legal Description: Part of the W1 of Section 9, T1N, R68W of the 6th P.M. , Weld County, Colorado Larger Lot Size: 10.2 Acres, ± Small Lot Size: 10.2 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. 4. Complies with Overlay District Regulations. X 5. Complies with minimum lot size requirement. 6. Complies with the Weld County Comprehensive Plan. 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. n FIELD CHECK FILING NUMBER: RE-1072 DATE OF INSPECTION: September 30, 1988 NAME: Beverly Ann Benson McCord REQUEST: Recorded exemption LEGAL DESCRIPTION: Part of the E' SW1 NWT of Section 9, TIN, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1 mile north and 1.5 miles east of the Town of Erie, east of Weld County Road 5, and south of Weld County Road 12. LAND USE: N Grazing pasture E Rural residential S Railroad, oil and gas tank battery, and residence W Rural residence, pasture land ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Accesses to both properties is from a private road off of Weld County Road 5. This private road separates the two lots physically from each other. There are no structures on the property. At present, there is no agricultural production taking place on this property. In fact, both tracts have been taken over by Prairie Dogs. By: u P nner 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 190('-c2. CASE NO. -4E 'c72 RECORDING FEE ZONING DISTRICT /-seAucu<-n..en RECEIPT NO.4c f/S71 DATE /- ZS'" 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" n 1 \' 1`AN 29 538 TOTAL ACREAGE: 20.55 " Has this property been divided from or had divided from tny®� 18dproperty since August 30, 1972? Yes No X 1 Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes X No FEE OWNERS OF PROPERTY: See attached Exhibit "B" Name: Address: Phone: Name: Address: Phone: Name: Address: Phone: See attached Exhibit "C" for Utility Information WATER SOURCE: Larger Parcel Smaller Parcel TYPE OF SEWER: Larger Parcel Smaller Parcel PROPOSED USE: Larger Parcel Residential Smaller Parcel Residential ACREAGE: Larger Parcel 10.296 Smaller Parcel 10.265 EXISTING DWELLINGS: (Yes or No) NO (Yes or No) NO See attached Exhibit "D" for further information 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 ) See attached Exhibit "E" for signatures Signature,: Owner or Authorized Agent Subscribed and sworn to before me this day of , 19_ (SEAL) Notary Public My Commission Expires • 880963 EXHIBIT "A" TO APPLICATION.FOR RECORDED EXEMPTION MNODRD/SHONK/C-M READY MIX CONCRETE CO. Legal Description One parcel of land consisting of two tracts, Tract "B" and Tract "D", and located in the West one-half of Section nine (9) , Township one (1) North, Range sixty-eight (68) West of the Sixth (6th) principal meridian, Weld County, Colorado and being more particularly described as follows: TRACT "B": Commencing at the West one-quarter corner of said Section 9, and considering the West line of said Northwest one-quarter to bear North 00° 00'00" East and with all other bearings contained herein relative thereto: thence North 00°00'00" East along the West line of said northwest one-quarter, 678.71 feet to a point f au which point the Northwest corner of said Section 9 bears North 00°00'00" East, 1997.47 feet; thence North 88°46'33" East, 974.67 feet to the True Point of Beginning: Thence continuing North 88°46'33" East, 884.50 feet; thence South 00°12'15" East, 533.28 feet; thence North 87°50'20" West, 885.11 feet; thence North 00°12'15" West, 481.01 feet to the True Point of Beginning. AND TRACT "D": Communing at the West one-quarter corner of said Section 9 and considering the West line of said Northwest one-quarter to bear North 00°00'00" East and with all other bearings contained herein relative thereto; thence South 00°00'00" West, along the West line of said Section 9, 167.99 feet to a point on the North Right-of-Way line of the Union Pacific Railroad; thence South 84°32'42" East, along said North Right-of-Way line, 982.32 feet to the True Point of Beginning; thence North 00°12'15" West, 479.90 feet; thence South 87°50'20" East, 885.11 feet; thence South 00°12'15" East, 533.28 feet to a point on the North Right-of-Way line of said Union Pacific Railroad; thence along the arc of a circular curve to the left whose radius is 5748.98 feet and whose chord bears North 83°44'27" West, 161.37 feet; thence continuing along said North Right-of-Way line North 84°32'42" West, 727.55 feet to the True Point of Beginning. Said tracts of land constitute a single parcel containing 20.561 acres and is subject to any Rights-of-Way or other easements as granted or reserved by instruments of record or as now existing on said tracts of land, including an easement for one ditch or pipe to carry irrigation water in a practical manner frau the headgate canal located near the Center Corner of said Section 9 across Tracts "B" and "D" described herein to the land adjoining Tract "B" on its North boundary. Also including an easement for one ditch or pipe to carry irrigation water in a practical manner from the headgate canal located near the Center Corner of said Station 9 across Tracts "B" and "D" described herein to the land located immediately to the West of said Tracts "B" and "D" described herein and East of the West line of said Section 9. A twelve foot acc qs easement is herein reserved for the benefit of landowners located on and to the East of said Tracts "B" and "D" and to the West of said Section 9, North-South centerline. Said easement extends six feet to the North and six feet to the South of that survey line which separates Tract "B" from Tract "D" as described herein and running South 87°50'20" East, 885.11 feet and starting from a point 976.86 feet from the True Point of Beginning for Tract "D" on a line running North 00°12'15" West from said True Point of Beginning. Page 1 of 1 880983 A r EOCHBIT "B" TO APPLI TION FOR REOORD$D EXEMPTION McCORDVSHONK/C-M READY MIX CONCRETE 00. Fee Owners of Property Beverly Ann Benson McCord 6550 North Casino Libby mason, Arizona 85718 Telephone: (602) 297-4830 C-M Ready Mix COnc:rete Co. P. 0. Boot 315 Boulder, Colorado 80306 Telephone: (303) 443-1099 Virgil Paul Shank 4540 Weld County Road #5 Erie, Colorado 80516 Telephone: (303) 828-4522 Anna Louise Shank 4540 Weld County Road #5 Erie, Colorado 80516 Telephone: (303) 828-4522 Page 1 of 1 980983 • EXHIBIT "C" TO APPLICATION FOR RECORDED EXEMPTION 4zCORD/SH0NK/C-M READY MIX CONCRETE CO. Utility Information The real property in question is within the area that is currently being served by the Southwest Weld Water Co-op. At the time of this Application, a formal request for service has not been made to the Water Co-op, however, an indication has been received that a source supply of water is available to the two sites to be created through the Water Co-op. It is anticipated that a request for service will be made at such time as a building permit is applied for for either of the two sites created by this exemption request. Dicn Lccions have also been held with a representative of the Left Hand Water Company concerning the possibility of a source supply of water fran that any. At the present time, Left Hand Water Company is not in a position to directly supply water to the two sites in question, however, the company indicated it is in the process of attempting to expand its service area through an ndOitional source supply of water. Left Hand Water Company is current reviewing the possibility of service to the Parkland Estates Subdivision, which is located approximately one-half mile to the west of the subject property. While a definite commitment cannot be given at this time, Left Hand Water Company has indicated the possibility of their supplying water to the subject property through the extension of their service to the Parkland Estates Subdivision. Again, no formal application has hen made for domestic water service inasmuch as, at this time, there is no contemplated construction on the subject property. It is anticipated and proposed that both tracks to be created by this exertion would use an inrliviala1 septic system for sewage disposal. Given the size of the two tracts that will be created, 10+ acres for each tract, it is anti- cipated an individual septic type system can be designed that would more than adequately serve each tract in question without any problems. • Page 1 of 1 n • EXHIBIT "D" TO APPLICATION FOR RECORDED EXEMPTION MoCORD/SHONK/C-M READY MIX CONCRETE CO. Information Statement The subject property was purchased by Beverly Ann Benson McCord on the 16th day of September, 1968, from Paul W. Auten and Madelyn R. Auten. At the time of the conveyance to Ms. McCord the property was described as consisting of two tracts, oannanly referred to as Tract "B" and Tract "D", each tract containing approximately 10 acres. Ms. McCord owned the entire tract of land until the 5th day of February, 1982. On that date, Ms. McCord transferred to Virgil Paul Stank and Anna Inilso Shonk that portion of the tract that was commonly referred to as Tract "D", said Tract "D" consisting of approxi- mately 10 acres. In making the sale and transfer of the 10 acre parcel to Mr. and Mrs. Shonk, Ms. McCord at no time intended to violate any of the land use requirements of Weld County. At the time, she was under the impression that inasmuch as the original conveyance to her described two separate tracts of land, she felt she could convey one of the tracts. Through diverse conveyances from Mr. and Mrs. Shank, an undivided one-half interest in the parcel originally conveyed to M . and Mrs. Shonk is now vested in C-M Ready Mix Concrete Co. At no time did any of the principals now awning the property in question intend that any violation of the Weld County land use requirements would tr lr by virtue of the conveyances. It was not until 'some time subsequent to 1982 when Mr. and Mrs. Shonk attempted to further develop the portion that had been conveyed to them that the situation was revealed that an exemption had not been obtained at the time of the conveyance from Ms. McCord. All of the parties are now asking Weld County to grant an exemption so that the initial conveyance from Ms. McCord to Mr. and Mrs. Shonk will in fact be a legal subdivision of the initial 20 acre tract through the exemption process. It is the intention of all parties that the subject property will ultimately be used as single family residential building sites and as such, would conform with the policies of the Weld County Comprehensive Plan and the current zoning on the property in question. The subject property is located in an area that is being developed as single family residential home sites, either through individual acreage sites and/or subdivisions such as the Parkland Estates Subdivision located approximately one-half mile to the west of the subject site. Given the location of the property and the ucas now being made of the surrounding property, it is felt the division of the subject property into two 10 acre tracts is consistent with the development that is occurring in the area. At the time of this Exemption Application, na definite building or construction plans have been made by any of the owners. At such time as development and/or construction plans are developed, the necessary requests for permits for the installation of a septic system and requests for water service will be made. During the course of gathering information to be included in this Exertion Application, it was determined the subject property may be located in a geologic hazard area. As a result, a geologic hazard survey and study has been made of the subject property by Charles C. Bowman Associates, Inc., copies of which are attached to this Application. While the property was determined to be in a geologic hazard area by the engineers, their Leport sets forth recommendations that can be followed in the construction of residential dwell- ings on the subject property to minimize the effect of the geologic problems. Again, inasmuch as no specific plans have been developed for construction on the property, detailed recommendations have not been prepared but would be done at such time as requests for building permits are made. Page 1 of 1 ,.� 0-1 EXHIBIT "E" TO APPLICATION FOR RECORDED EXEMPTION NtORD/Si /C M READY MIX CONCRETE CO. Signatures and Certification of Owners We, being all of the owners of that real property as set forth and described on Fbdiibit "A" to this Application for Recorded Exertion, hereby depose and state under the penalties of perjury that all statements, proposals and/or plans suhnitted with or contained within this Application are true and correct to the best of our knowledge. ly Benson McCord STATE OF ARIZONA) ss. COUNTY OF PIMA ) The foregoing instrument wa� acknowledged before me in the County of Pima, State of Arizona, this _.2S214: day of 9 , 1581 , by Beverly Ann Benson McCord. Witness my hand and official Qea>,. My commissions expires: II !I.f 4I ota� p N Publ c C,P V Paul Shank STATE OF COLORADO) ) ss. COUNTY OF BOULDER) The foregoing instrument was cknowledged • re me in the County of Boulder, State of Colorado, this G day of �// ..�� 198 iv , by Virgil Paul Shank. Witness my hand and official My camnissions expires: o?l -Are/ Lary Public Page 1 of 2 r n Anna Stw¢�c awn'2 jzd STATE OF COLORAW) ss. COUNTY OF BOOMER) The foregoing instrument was a&ivnowledged •=f• - me in the County of Boulder, State of Colorado, this G day of , 198 C , by Anna 7nnise Shank, Witness my haul and official seal. My commissions expires: 97-. _.4.-:Fe (7,4,, Public C-M CONCRETE CO. '/ By. N AJ ( t ‘ 1491,,,,"..;.41/d.n cc STATE OF COLORADO) ) sail. COUNTY OF BOULDER) of The ffto�regoi�of, cnnggloinstrnnentt�wfiass jddawwY day oedged be me in the County 198 k Sl, by V tCdk 5 • /� w,� as me -.... of C-M Ready Mix Concrete Cc. Witness my hard and official seal.--, My commissions expires: h. — /77iPublic / c- Page 2 of 2 si F4 r. Project 87265 November 13 , 1987 Mr. James 0. Thorvilson Thorvilson, Osgood and Simpson Attorneys at Law 2336 Canyon Blvd. , Suite 200 Boulder, Colorado 80302 INTRODUCTION Presented in this report are the results of a geologic hazard investigation for Recorded Exemption Number 1467-9-2-RE, a parcel approximately 20 acres in size in Section 9, T1N, R68W, Weld County , Colorado . This report includes surface geologic conditions, existing subsurface mining conditions, and mitigating recommendations for construction of a residence on this site. PROPOSED CONSTRUCTION A single family residence and on—site sewage disposal system are proposed. The residence may be a one or two story building and may include a full basement. Specific building plans were not available to us at the time of this study. SURFACE CONDITIONS This 20 acre parcel is fairly level and is covered with prairie grasses. Prairie dog colonies and grazing horses were noted . There were no streams, lakes or ponds on this parcel nor were there any structures , although there was a pond that may be filling a subsidence depression just to the northwest of this parcel . There is evidence of possible subsidence on this land , that being a slight depression in the northeast quarter. The soil in this area is classified as Nunn loam in the Soil Survey �f Weld County Colorado Southern Part , 1980 , by USDA Soil Conservation Service in Cooperation with Colorado Agricultural Experiment Station. This soil is a deep, well-drained clay-loam and loam formed by alluvial and eolian deposition. — Charles C.Bowman o5950ddi Plat,Suite I 010 Main 9mrt Associates Inc. Boulder,Cobrado 80701 Longmont.Cobra o 40501 n 30V530 1975 101/6SI 3870 l'tncullinf; I M ers E 880983 ngnHinn 87265/2 GEOLOGIC SETTING This parcel of land is situated east of the Front Range of the Rocky Mountains and is subject to slow erosion. A thin layer of loamy soils overly clay soils and claystone bedrock. The near subsurface is the Laramie Formation of Cretaceous age. The upper portion is composed of claystones, sandstones, siltstones and thin lignite seams. The lower portion consists of claystone , fine-grained sandstone, and coal seams, which have been mined . The Laramie Formation is a maximum of 750 feet thick and has generally been eroded to about 500 feet in this area . The thickness of the lower, coal bearing portion is 250 feet or less. The Fox Hills Formation underlies the Laramie Formation and is mainly sandstone. A number of old faults cut through this area trending approximately NNE by SSW, but show no signs of recent movement. GEOLOGIC HAZARD* Geologic hazards in this area are twofold . First , the near surface clay and particularly the claystones are subject to swelling upon wetting. Secondly, there may be potential future subsidence over areas previously mined for coal . Regional maps drawn by Amuedo and Ivey and published in the report, Coal Mine Subsidence and Land Use in the Boulder-Weld Coal Field. Boulder and Weld Counties, Colorado, 1975, show two coal mines underlying this area , the Morrison Mine and the Clayton Mine. The Amuedo and Ivey report shows this land to be in a severe geologic hazard area due to the subsidence potential of these underlying coal mines. The Amuedo and Ivey regional maps also show that the pillars of coal were removed in this area before mining was completed. The Clayton Mine, active between 1920 and 1942, has an overburden thickness of 350 feet in this area and a mined height of 9 feet yielding an overburden thickness to mined height ratio of 38. 9 . The Morrison Mine, active from 1930 to 1953 has an overburden thickness of 160 feet and a mined height of 6 to 8 feet, giving an overburden thickness to mined height ratio of 20 to 26 . 7 . This information is published in the Colorado Front Range Inactive Coal pine D nd Subsidence Information for Weld County , 1973 , compiled by J. E. Turney and L. Murray-Williams of the Colorado Geologic Survey . Overburden thickness to mined height ratios of these values suggest a small likelihood of future subsidence at this point, as discussed in Boulder County ,Subsidence Investigation, Volume I, 1986 , prepared by Dames and Moore for the State of Colorado Department of Natural Resources, Mined Land Reclamation Division. 880983 • 87265/3 RESIDENCE CONSTRUCTION RECOMMENDATION$ A rigid foundation system is recommended . If a site specific subsurface investigation shows potentially swelling soils , caissons will be required but from the standpoint of mitigating against subsidence effects , footings are preferred. A full basement would add rigidity and dead load to the structure . Split level structures with their discontinuity in foundation walls are discouraged. Slabs should not be connected to the foundation system. Flexible utility lines are very important. Steeper than normal sewer line gradients should be provided. CONCLUSIONS This subsidence investigation is based on a review of available published literature in the public and private domain. An engineered foundation system for a residence in this area can be designed to minimize the potential for damage from the expansive soils and bedrock. The potential for damage due to subsidence can safely and economically be minimized by a residence properly constructed and with an on-site sewage disposal system and flexible utility lines. It is suggested that specific design and construction plans be prepared after a site specific subsurface investigation is complete. Thank you for consulting us on this project. If you have any questions, please feel free to call me. tttttttttttttttttb' ttt o_s C. co 't ,�•`aQe "�ISTEgf"4/4 % Sincerely , * CHARLES C. BOWMAN ASSOCIATES INC. 12 711 :At it:t 37: r 4.*OS �� P1 ONAL tomLU'' `+,�`.,' Charles C. Bowman,V$ By "•" P. E. ' gF.QF 'CO'n.unnnn CCB :mar • 880983 reN WELO COUNTY CERTIFICATE OF CONVEYANCES OEl'ARTMYNT OF PLANNING SERVICES Order No. 8502429 STATE OP COLORADO ) COUNTY OF WELD ) tie TRANSAMERICA 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: (PLEASE SEE ATTACHED LEGAL DESCRIPTION) CONVEYANCES (if none appear, so state) : NONE Reception No. , Book Reception No. • Book Reception No. Book Reception No. , Book Reception No. Book Reception No. _ , Book Reception No. , Bock _ 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 TRANSAMERICA TITLE INSURANCE COMPANY is hereby limited to the fee paid for this Certificate. In Witness 'Thereof , TRANSAMERICA TITLE INSURANCE COMPANY has caused this certificate to he signed by its proper officer this 13th day of November • A.D. • 19 87 . at 7 :45 _ o'clock, A.M. • TRANSAMERICA TITLE INSURANCE COMPANY COMPANY By: A NURLZED SIGNATURE 860983 • / r /^1 • LEGAL DESCRIPTION FOR ORDER NO. 8502429 Those portions of the W' of Section 9 , Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado, described as follows : TRACT "B" Commencing at the west quarter corner of said Section 9 and consi- dering the west line of said Section 9 to bear North 00°00 ' 00" East and with all other bearings contained herein relative thereto; Thence North 00°00 ' 00" East along the west line of said Section 9 a distance of 678.71 feet to a point from the northwest corner of said Section 9 bears North 00°00 ' 00" East 1, 997 . 47 feet; thence North 88°46 ' 33" East 974 . 67 feet to the TRUE POINT OF BEGINNING; thence continuing North 88°46 ' 33" East 884 . 50 feet; thence South 00°12 ' 15" East 533 . 28 feet; thence North 87°50 ' 20" West 885 . 11 feet; thence North 00°12 ' 15" West 481. 01 feet to the TRUE POINT OF BEGINNING; TRACT "D" Commencing at the west quarter corner of said Section 9 and consi- dering the west line of said Section 9 to bear North 00°00 ' 00" East and with all other bearings contained herein relative thereto; Thence South 00°00 ' 00" West along the west line of said Section 9 a distance of 167 . 99 feet to a point on the north right-of-way line of the Union Pacific Railroad; thence South 84°32 ' 42" East along said north right-of-way line 982 . 32 feet to the TRUE POINT OF BEGINNING ; thence North 00°12 ' 15" West 479 .90 feet; thence South 87°50 ' 20" East 885. 11 feet; thence South 00°12 ' 15" East 533. 28 feet to a point on the north right-of-way line of said Union Pacific Railroad ; thence along th north right-of-way line of said Union Pacific Railroad along the arc of a circular curve to the left whose radius is 5 ,748 . 98 feet and whose chord bears North 83°44 ' 27" West, 161 . 37 feet; thence continuing along said right-of-way line North 84°32 ' 42" West 727 . 55 feet to the TRUE POINT OF BEGINNING; EXCEPT any portions thereof which may be included within a strip of land 50 feet in width which may be crossed by the Community Ditch, as conveyed to The Community Consolidated Canal and Reservoir Company by Warranty Deed recorded in Book 283 , Page 140, Weld County Records. 880983 IA°°Uau°u rat.......�.............. V tuna a.• .a. a ei. irr< OMER ✓ e�n Reception No /�, >•-�•�`-•�JJ N ,,..� Recorder. INDEXED —__ a - \ — RECORDER'S STAMP r __._... THIS DEED, Made this 1 __, day of .n W N o ' , t:_...:_._ in the year of our Lord one thousand nine hundred i s m n and c between .:'1 ut.Cr. :.:G. i W M i. ^ _::: ... ''_utai, joint ten-rtr j b [ tr. ;j io of the County of Le:Ta and ii D r T ! a)m NA State of Colorado,of the first part, and In r4 .'evt _ly ..ui ?. :.leCor_. ra .,t of the y Drs_., . _l Cit of 1 , ei County of ., uidcr and State of Colorado, of the second part; 4° WITNESSETH, That the said part les 0 of the first part, for and in consideration of the sum of o Thirteen then:: nd, ti.res i:+m-irc , sixty f' u.r .n!'. /i.0 DOLLARS, ( ;13,7,64.65) ��•,1 to the said part ler of the first part in hand paid by the said part;' of the second part, the ri le, , receipt whereof is hereby confessed and acknowledged, ha ye granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the said part; of the second part,her heirs and assigns forever, all the following described lot or parcel of land,situate,lying and being in the county of aid and State of Colorado, to-wit: One : .cel of 1'.r.:1 con-.i- tin; of t:?:: ':r (As, T.•::.Ct "E" ..d Tr:at .'✓", p.nd located in the e: t Half (wj) of section nine (5), Toniz..ip one (1) ::orth, range 66 Ue.7t of the O :th 1'rircil.al iieriCi-.n, •.eld. County, Coi:'rado _.id being more pr.rticularly described at folio"::s: _- :.CT "B" n Commencing at the ..e..t -'u:.r e1' Corner (U:-COT) of s7,id ::action c'', and cci: i;ti,. 1 g T the :rest line of said :ortir::est �uar°cr 'tl. ..) to Ue.'.r .%orth hv° CO' ......1,J" t.., e-1 and -..ith Ili other beLrirge contained herein rel'.tive thereto: Thence ;aorta 66° t0' 00' East, along the ;.e.::t line of said aorth;.e:t :-uartrr (: ..y), 76.71 feet to a p:int from v.hich 1.:int the iaorta. est Corner (U 'Dor) of :a.id Section 6 Le:•rs ;:ort:il OU° 0o' Co" East, 1,_:.7.:7 feet; Thence i:crt;: -_° 46' East, 074.67 feet to the true Point of beginning. Thence continuing North oit L3° 46' S,:" Bast, cE feet; Thence South (JO° 12' 1E" East, 533.2C. Pest; Thence North 07° 50' 2:." Lest, 5.11 feet; faience north 2' l°" '.rest, i 4_E1.G1 feet to the True?:.int of 2esirl:ing. ' Tl".:`_CT "D" Commencing Ft the .act .;u'.rter Corner (s.;;COr) of ::aid :.oCtion C air. Con:i;i_ring • the .rest line of said ho2`txrost "'u-.rter Orr::';) to berr ::or vii 03° COI CC" L...a and with all ether bf.arings contained herein relative -.hereto. Thence South UCP 0...' 03" ;:est, along the .rest line of said Section 6, 1ii7.._1; feet to a • point on the ::orth flight-of-Thyline of the inicn P'.cii.ic :ailro_ad; Tile:ie South (..L°c 32' 42" East, along se.Lli. ,:or`:h id:ht-of---ay line, .. feet to the True Point of leginning. Thence Forth 00° l2' IF" '.e:t, 47'.: ....0 feet; ar Thence South 57° ED' 20" East, 6'_5.11 frt.; Thence south of 1::' 1`" -,.'Et, Ifl 55a gy -`c= .2L feet to D. point on the north id'nt-of t line of _ ic: tnior. ci'ic ..o Failroad; Thence along the North ri�i_t-.f-. :.ly line of said Union Pacific o Railroad along the arc of a circular curve to the left whose radi`is is o 5,745.60 feet and •,.hose chord bears north 63° 4i ' 27" -frost, 161.37 feet; o Thence continuing along said 1'tigitt-of-lay line north 64 3? ' 47." '.rest, 727.55 feet to the True Point of E.e inning. co Said tracts of land constitute c single p-rccl containing 2o.561 :.cres and `9 is subject to c.n ai:hts-of- .ay or other c- sement a: granted or rEerred by instruments of rocord or 's nor e::isting on s:Lid tracts of land, ins uoing ri 111$ 41 )(\e an easement for one ditch or pi, e to carryirrig tibn ater in _ctical w manner from the head"ate canal located near the Center Corner of .rain Section a " " and "D" described herein to the land Tract "3" 9 acro. Tracts B adjoining on its North boundary. Also including an easement for one ditch cr ripe to carry irrigation alter in a prr.ctical manner f"for the ilea gE 1 _rte C'_n'..1 located near the Center Corner of said Section 0 across Tracts "B" and "D" described No. 832. WARRANTY DEED.—Bradford Publishing'Co.,1824-46 stout Street.Denver,Colorado 4t 7,.SK.--- Q • 880983 983 soot 599 • 15"1355 herein to the 1-nd located immediately to the 'Yet of said Tracts ''D" c, id "D" described herein and East of the '.;e;;t Line of Said Section 9. . Together uit'n said Tracts "B" ;.nd "D" described herein r':n all ditch and - ater ri„iits connected •;ith or appertaining; to said premises, including ^.0G shares of- The capital stock of the Farmers Reservoir and Irrir;ction C om,a ny. A twelve foot access easement is herein reserved for the benefit of landowners located on and to the East of said Tracts "B" •!nd "D" and to the V:est of said Cection ;, north_- :outh centerline. Said easement extends six feet to tile .:orth nd six feet to the ;;out.' of that survey line r;iiich s':prttates Tracts "3 " from Tract "D" as described herein and running Louth 07° 50' 20" East, 005.11 feet and starting from a point :::76.23 feet from the T rue Point of Beginning for Tract "D" on a line running North 00° 12' 1E" 7:est from said True Point of Degtraing. TOGETHER with all and singular the hereditamenta and appurtenances thereunto 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 and to the above bargained premises, with the hereditamenta and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurte- nances unto Beverly Ann :nson :,:cCord the said part y of the second part, her heirs and assigns forever. And the said Paul 7. .;uteri ..iiu ; _de n 1. fluter' part ies of the first part, for them selves, theiiheirs, executors and administrators, do covenant, grant, bargain and agree to and with the said part y of the second part, her heirs and assigns, that at the time of the ensealing and delivery of these presents ,care well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance in law, in fee simple, and ha vs good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants,bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever. "cner!.1 t"....-.. for l'.;6^ and subsequent ears . '_nc' ::ceyt r":s trio tionci, • .e . .i-tionr, _ . _ro nts, asses Dents arid rig to Of T:ay of recnd, if any. • Wvr"�� . , + soot( ,,. . 599 ,-, .e C 3 -3 it i 4 and the above bargained premises in the quiet and peaceable possession of the said part of the second part, heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof,the said part of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The said part of the first part ha hereunto set hand and seal the day and year first above CCten et z/Signed,Sealed and Delivered ht Presence of tC�d `'z/ t i... tz, [SEAL] �/ + E-6 (^�:x..•:..a..&Fut,.xrm-4 [SEAL] r [SEAL] [SEAL] STATUTORY ACKNOWLEDGMENT. SESSION 1927 STATE OF COLORADO, l County of ..IrLiiii.I L‘" JJJ ' ifel)ThCe foregoing instrument ny was acknowledged) � before me this / day of )��r�L%-- 19 /0lf...,.byR.IFOUL $ r �lLti tf/4v a/L1Q. 1€ ,t�1 „ t t. . .$'i'Ci tY ia- do and official seal. en lir cotnliss!obpapires trne f r Notary public. •If by ndturaT Denali or persona here Insert name or names: If by venom acting in representative or official capacity or as attorney- /n-fact, then Insert name of persona executor, attany-fn-fact• ar other capacity or descripeon; if by officer of corporation. then insert name of such officer or officers,u the president or other officer. of suet corporation• naming IL 380983 C86438$ • • Y L u - a r . N •t: 4 •aa ! to ' V o .°1 i 2 ii(j '1l W 2 3 e - a 1 J c,et .. .•ti ?.1. `-i J u Yf h, L o• DJiPt , a t a ` o T o of .. ' i E. d .o a i / : w ,4. 3 - m • w .?y -C o a ell c a V J; N� e ,Y ;, 1 J w w w 00 I\ A .a. Vl E4 _ It li 09E Re*"" 015'16001 01 /31 /133 1 . r°`ys $6. 00 1 /00 2 , •f' 2i 76 LiAriY ANN Ertlr.l't,Sl'r:Tt! CL.El lc tt h 0rtjE:R kIF:LD co, co e e AR19SbC61 Recorded at oaock m , RECORDER'S STAMP THIS DEED, Made this 5th day of February io,B2,between Beverly Ann Benson McCord State Documentary Fee Date ...JAN.3..L.L923... Pima 3.Qd of the County of and State of )O(I Rain,of the first part,and Arizona Virgil Paul Shonk and Anna Louise Shonk whose legal address is 95.,ZC, („C /Z il' 5 E. LL.i, Fos A• of the County of Weld and State of Colorado,of the second part: WITNESSETII,that the said party of the first part,fur and in consideration of the sum of /\ O Thirty Thousand and No/100 DOLLARS, 'l II to the said part y of the first part in hand paid by the said parties of the second part,the receipt whereof is hereby (tv confessed and acknowledged,ha S granted,bargained,sold and conveyed,and by these presents do i! n Lc, grant,bargain,sell,convey and confirm unto the said parties of the second part,their heirs and assigns forever,not in r.. tenancy in common but in joint tenancy,nil the following described lot or parcel of land,situate,lying and being in the County of Weld and State of Colorado,to wit: • Tract "D„ One parcel of land located in the West Half (WI /2) of ';er.t. ion Nine (9), township One ( 1 ) North, Range Sixty-eight (68) West of the Sixth Principal Meridian, County of Weld, Stale of Colorado, and being more pa: Iirularly described as follows : Coaulencing at the West (Quartet '. , mYr (WI /4 r., ) of said c,ettion 9 and considering the West line of said Northwest Quarter (NWI/4) to bear North 0(1°00'00" East and ?l-"= with all other hearings contained herein relative thereto; <3 thence South (10°00'00" West, along the West line of said Section 9, 167.99 feet to ail =TN` a point on the North Right-of-Way line of The Union Pacific Railroad; citacc 2 .1ga thence Soul h tut°32'42" East , along said Hurlh Right -of-Way line, 982.3? feet to Iz-fbK the Trite Poirii of Beginning; eca 3<mcfl thence North 00' 12' IS" West, 4/9.90 feet; °OE°8E.d m a 0 I thence South 8/"50' 20" Last, 885. 11 Ieel ; t thence South 00•121l5" Last , 533.28 feel to a point oil the North Right-of-Way line of said Union Pacific Railroad; 2 v5.2 ilR thence al.nul the North Right-of-Way lino of said Union Pacific Railroad along the 8s3��o arc of a circular curve to the I. tt Arnie radius is !;,/48.'18 feel and whose chord mg moM hears North 83"44 '2/" West , 161 .3/ felt ; F € i.. thence continuing along said Right -of -Way line North 84°32 '42" West, 727 .55 feet 4 �`�a to the True Point of Beginning. my Together with said Tract "D" described herein run all ditch and water rights connected with or appertaining to said premises, including 1.0 share of the Capital stock of Farmers Reservoir and irrigation Company. . A twelve foot access easement is herein reserved for the benefit of landowners located on and to the East of said Tract "9" and to the West of said Section 9, North-South centerline. Said easement extends six feet to the North and six feet to the South of that survey line whl,ch separates Tracts "B" from Tract "I)" as described herein and running South 81 50'20" East, 885. LL feet and starting from a point 976.86 feet from the True Point of Beginning for Tract "U" on a line running North OOa 12' 15" West from said True Point of Beginning. II My commission expires May 5 .I9 82.W'1,sea thy hand and official seatt ,///l ;, h 1 f .( o;! . —tom./ / ✓� e C3L p's !Iatcoan :ES I.:CI.IcRANIMIM ' er, .lil.talltfilie II AT THE:TIME OF RECOROAON, THIS IN- SIRIJME WAS FOUND TO O' INADEQUATE FUR THtl(BEST PIIOTOCRAPHIC REPRODUCTION BECAUSE OF ILLFOIOILITv, CARLON OR PHOTO • COPY. DItCOLORLD PAPER, Etc. III No.921. WARRANTY DREB To Joint T to. —itedlotd PYLlhbial.ISIAj West I1,1,Avenue.Golan..Colorado 10101-11011 n1-OMI-)'10 iii lii 880983 I AR2041663 Rocot B 1103 REC 02043685 02/20./86 16:17 $6.00 1/002 F 1794 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO Recap..... .._.�. t "' RRCORDRR'18TA'MP ---- TN?,EED, Made this 12th day of February u t... Mike's Breaking Company, Inc. a corporation duly organised and existing under and by virtue of the laws of the State otColorado.of the first part,and an undivided one- half interest to C-M Ready Mix Concrete Co. , when Intl address is P.O. Box 315, Boulder, CO 8030 of the County.r Boulder ' and State of Colorado.of the second part; II MITNRS$RTH,That the said party of the first part,for and in consideration of the sum of • It Twenty—Five Thousand ($25,000.00) Dollars. to the said party of the first part. In hand paid by the said part y of the second part,the receipt e.hes. .f is I I hereby confessed and acknowledged,has granted,bargained.sold and conveyed and by these presents 4..grant. I II bargain, sell,convey and confirm unto the said party of the second part, its heirs aad wlgna iI forever, MI the following described lot or parcel of land, situate, lying and being in the II I County of Weld and State of Colorado,to wit:An undivided one—ha. f interest in the property described in the attached Exhiuit "A" , Tract "D". I i1 ;. also known as street and number • 'rhythm with all and singular the hereditamenta and appurtenances thereunto belonging.or In anywise apps. tuning.and the ion and reversions.remainder and remainders,rents,issues and profits thereof;sod a8 the estate.right,title.Interest,claim and demand whatsoever,of the said party of the first pert.either in law or equity. of,in and to the above bargained premises,with the hereditament.and appurtenances;TO RAVE AND'10 HOLD. I the said premises above bargained and described with the appurtenances,unto C—M Ready Mix I: Concrete Co. the saidpearly ofthemcendpart. its heirs and assigns forever. IIAnd the said party of the first part, for itself and its successors ts and egress to and wits the said party of the second part, its heirs and assigns, the above bargained premises In the quiet and II peaceable possession of the said port y of the second part, its heirs and assigns against all and every II i' person or persons lawfully claiming or to claim the whole or any part thereof,by,through or under the sad party of i Ii thefirstpart,toWARRANT AND FOREVER DEFEND. II •i IN Rss MIIRRRORThe said party of the first part has caused its corporate name to M hereunte.whecrihed by Its President,and its corporate seal to be hereunto affis•l,attested b its 1 ti Secretary.the day and year first above written. n rea uM C4 t ' Mike' Breaks C a , Inc. a kilt's.--T Zi ,1 .r 4) 44:4::".t: p yi Sy L.f�l. , nwu.... LL t t I orrnLOR 4O. iI "Mn......M ////II�� sa. County of _ _4.( — :I The foregoing instrument was acknowledged before me this_/ day of .51€---,1-L..;.-- _� 4-4r I I • le by y ai M7 al sea. '. _ .G , .%/l t Zo /. r• I Ml. co t u € 7310(r.O t.�—J,-J'u...r N.tw. I I =Y': CP .74". d-edr--de it •,, t• -.... -4. e • ,,Mast , .. # No.t{•Rwsetstwaaaa"mesas--c ,---a•—r.r"et ass•Nt'w'saA,e.•taa..e...tom1;4_OMIn-6ss-NI 380983 " r r .r$���4 J LC ail* r `+6 IIII .4A ! ., a F. . B 1103 REC 02043685 02/20/86 16t17 $6.00 2/002 F 1795 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "A" Tract "D" • IM.: parcel of land locate. ' in the West Half (WI/2) of Section Nine (9), township Une ( I ) North, Range Siat, .eight (611) West of the Sixth Principal Meridian, County of Weld, Stale of Coloradn, awl bring' more p. t icolarly described as 'allows : Cniltnencing at the West Quarter f r....r (111/4 r..• ) of said (ert inn 9 stn considering the West line of S4 Id fiat Owes'. Quartet (NW1/4) In hear North INI'illl'llir-fl%t ant., with all usher hearings contained herein relative there'll; • thence South Of1'uU'OU' West , along the West line of said Section 9, 1O.99 feet to J point on the North Right-of-Way Iine nt The Union Par il ic Railroad; •• Ihen..e South 1W.12'42" East , shoo Said North Night -of-Way line, 9111. 12 feet to the True Point of 8eginnin. ; thence North UO'11' 15" Vest, 179.90 feet; • thence South Oi'SU'20" tall, MIS. II (eel ; '.I thence South 00.17' 15" East , 51.1.78 furl to .I poi lnt .we the North Ri9h:-of-May I ine "_ of said Union Pacific Railroad; ' thence alnnq the North Right-of -Way line of ♦ai•i (Moon Pacific Railroad slung the 'II •..uarc of a circular curve to tic Lett whn•.e rad ins t•. S• 4h. 11 tee' hid whose chord ug hears North UJ-44'2'" West , ltd .)/ lest; l* tl..•nce continuing along said Right -ol -Way line North &4'37'47" West , 111.55 feet . I-HS to the true Point of Beginning. • • Together with said Tract "D" L.:scribed herein run all ditch and water tights cuun.'cted with ur appertaining to said promises, including 1 .0 share et the Capital stock of Farmers Reservoir and Irrigation Company. A twelvr foot access easement la herein reserved for the benefit of lardowners • located on and to the East of said Tract "RP and to the West of said' Section 9. North-South centerline. Seld easement extends six feet to the North sad six feet to the South of that survey line %A,Ach separates Tracts "St** from fleet "D" as described herein •nd running South N/ 50'20" East, tl115.11 feet and nn Ire. a point_976.86 feet tram. the Tn.e Point of Beginning for Tract "0" on • line n.nning North OOo 12' 15" West Cram anld True Mint of tesInning. / • 830983 REFERRAL LIST APPLICANT: Beverly Ann Benson McCord CASE NUMBER: RE-1O72 SENT REFERRALS OUT: February 1, 1988 REFERRALS TO BE RECEIVED BY: February 16, 1988 NO SR NR NO SR NR County Attorney 4/9/ X Weld County Health Dept. / X Engineering Department County Extension Agent Office of Emergency Mngmt / X Colorado Geological Survey ✓ c/o Candace Jochill 1313 Sherman St., Room 715 Denver, CO 80203 / % Town of Erie ✓ Planning Commission P.O. Box 100 Erie, CO 80516 ✓ R Longmont Fire Portection District c/o William Emerson 9119 County Line Road Longmont, CO 80501 _ City of Greeley Planning Department 919 7th Street Greeley, CO 80631 _ Tri Area Planning Commission P.O. Box 363 Frederick, CO 80530 NO-No Objection SR-Specific Recommendations NR-No Response THORVILSON, OSGOOD AND SIMPSON ATTORNEYS AT LAW 2330 CANYON BLVD. -SUITE 900 BOULDER, COLORADO 80309 (3031 442-0105 RUSSELL IL OSGOOD JAMES O.TIFIORVILSON, P.G Math 4 1988 ANDREW J. SDIPSON, P.O. SCOTT R.OSGOOD DPPWW7 MAR 7 1988 Mr. Brian J. Bingle , Department of Planning Services Vie ld Co. IM96ninQ omega 915 10th Street Greeley, Colorado 80631 Re: Mc0ord/Shank Exemption Application Request Dear Brian: Asa follow-up to my telephone conversation with Ianell Swanson of your office this morning, this letter is to provide you with some additional information concerning Case No. RE-1072; the exesaptian request I have filed an Ms. MoGbrd and Mr. and Mrs. Shook. I attended a Planning Board meeting of the Town of Erie last evening, the result of which was a vote for a favorable reocmoendation to your office of our request. During the meeting they did raise some questions, primarily concerning notice to surrounding property owners, road riot-of-way and water service. I addressed these issues the best I Could under the circumstances, however, I think they will also be bringing them to your attention. The one issue which was raised concerning water service to the subject tract has been resolved. I have been dealing with Ms. Terri Magnuson, the engineer for Left Hand Water Supply Company, and have purchased a water tap far Ms. MrCord's property through Left Hand. According to the information provided to me by Ms. Magnuson, Left Hand has acquired the equivalent of 100 shares of Windy Gap water which they are going to use to expand their service area into the general area of Parkland Estates and surranding properties. I was advised that the shares cf Windy Gap water must be purchased in blocks of 100 and that 92 of the shares (taps) had been allocated to Parkland Estates, thereby making available eight taps for the sacra nding area. Accordingly, I have forwarded to Left Hand Water Supply Company a check in the amount of $3,620.00 as payment for the bonded indebtedness and the purchase price for one share of Windy Gap water on Ms. McCord's behalf. The sum of $2,730.00 will also be required as the Left Hand Water Supply Membership/Tap Fee at the time the tap and meter are set. It will also be required that a line be installed to bring the water into the property in question. It is my under- standing in di racing this matter with Mr. Shank that he is also in the process of purchasing one or more taps fray Left Hard, and I assume the in- stallation of any supply line will be a cooperative effort of several of the property owners in the area. 8t3t �� 4 Mr. Brian J. Single March 4, 1988 Page 2 Lanell indicated to me that the staff was having a meeting next Tuesday, and that if all things were in order, it might be possible that acnsideration be given at that time of our Application. I will be out of the office until approximately noon on Wednesday, however, I would appreciate your giving me a call some time Wednesday afternoaz to let me ]mow the current status of our Application and whether or not any additional infatuation might be needed to support it. Thank you very much for your consideration and help in this matter. Very-..truly yaws, TI�ILSQT, S 7 2ISA/ c) / James 0. Thorvilson JOT/es 880983 LEI Post Office Box 210, Niwot, CO 80544-0210 s op.'1Sk, (303) 652-2188, Metro (303) 443-2036 April 8, 1988 Paul Shonk 4540 Weld County Road 5 Erie, CO 8O516 TO WHOM IT MAY CONCERN: The property located at 4540 Weld County Road 5 can be included within the "SERVICE AREA" of Left Hand Water Supply Company subject to the following requirements : 1. Inclusion in the Northern Colorado Municipal Subdistrict. 2. Completion of membership requirements. ( Including Windy Gap requirements) . 3. Line extentions as required. When the above requirements are met water service will be available to the above property. If you have further questions regarding this matter, you may contact me at the Company office. Sincerely, darn_ 729. James M. Dickey Y General Manager JMD/rr o igL i?c\\75;:j 1 APR 1 31988 Yield Cu. ?lawwt boomosSlm' 880983 THORVILSON, OSGOOD AND SIMPSON ATTORNEYS AT LAW 2338 CANYON BLVD. -SUITE 200 BOULDER, COLORADO 8090E 4903)442-0185 RUSSELL K.OSGOOD JAMES O.THORVILSON,P.C, April 12, 1988 ANDREW J. SIMPSON,P.C. SCOTT R.OSGOOD Mr. Brian J. Bingle Department of Planning Services 915 10th Street Greeley, Colorado 80631 Re: McCord/Shonk Exemption Application Request Dear Brian: As a follow-up to our telephone conversation of yesterday afternoon, enclosed please find a copy of the letter which I have just received from James M. Dickey, General Manager of Left Haul Water Supply Company. As I discussed with you over the phone, this letter indicates that in fact water service can be supplied to the property of Mrs. McCord that is currently subject to the exemption application request. As I also indicated, the service is subject to meeting the normal requirements of Left Hand concerning service taps being installed. Mr. and Mrs. Shonk have received the same letter and are sending a copy to you for the file. The two letters show domestic water service will be available to both tracts upon meeting the district requirements. I would appreciate your taking a look at the enclosed letter and our file to determine whether or not the matter can now be submitted to a final review by the Planning staff and hopefully, the granting of the application for the exemption without the necessity of a full blown hearing. Thanks a million for all of your help, and if you have any questions concerning this matter, please feel free to give me a call. Very t9Ily yours, 77 TH0RVILS0N, 0SG00D AND SIMES0f James 0. ThorVilson / JOT/ss Enclosure - •-- - — - -. . j ! APR lit 1988 880983 *eui Co. PI2ea,W v uu,arss+al TOWN OF ERIE 845 HOLSROOK P.O.80X 100 ERIE,COLORADO 80818 • ' 828.3843 ,' " 4493088 • • 04 March 7, 1988 Mr. Brian Bingle Department of Planning Services Weld County 915 - 10th Street Greeley, Colorado 80631 RE: Case Number RE-1072 Dear Mr. Bingle: The Erie Planning and Zoning Commission at their March 3, 1988, meeting reviewed Case Number RE-1072, application from Beverly Ann Benson McCord for a recorded exemption. in the W1/2 of Section 9, one mile north and 1. 5 miles east of the Town of Erie. The Commission directed that a favorable commented be forwarded to the Weld County Planning Department on recorded exemption case number RE-1072 inasmuch as the application appears to be in conformance with the Erie Comprehensive Plan and has, or will, adequately addressed all salient issues such as water, notification to surrounding property owners, and geologic hazards. They also wanted property owners of adjacent land to be notified and water to be adequately secured. Concern was additionally expressed regarding the 12-foot right-of-way on the access road. If you have any questions, please call. Sincerely, 47,I2 722 rift.-- Doris M. Moore Secretary to the Planning and Zoning Commission ; MAR 9 1988 POLICE DEPT. METRO 4493158 LOCAL 828-3200 P.O.BOX 510 Q ,8098. FIRE DEPT. 828-3152 vv W81d C5. PhlonY on88 ssm FIELD CHECK FILING NUMBER: RE-1072 DATE OF INSPECTION: September 30, 1988 NAME: Beverly Ann Benson McCord REQUEST: Recorded exemption LEGAL DESCRIPTION: Part of the E1/2 SW1,4 NW14 of Section 9, T1N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1 mile north and 1.5 miles east of the Town of Erie, east of Weld County Road 5, and south of Weld County Road 12. LAND USE: N Grazing pasture E Rural residential S Railroad, oil and gas tank battery, and residence W Rural residence, pasture land ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Accesses to both properties is from a private road off of Weld County Road 5. This private road separates the two lots physically from each other. There are no structures on the property. At present, there is no agricultural production taking place on this property. In fact, both tracts have been taken over by Prairie Dogs. Bye ., -- Yt PI ner 880983 • r-1 THORVILSON, OSGOOD AND SIMPSON ATTORNEYS AT LAW 2338 CANYON BLVD. -SUITE 200 BOULDER, COLORADO 80302 (303}442-0185 RUSSELL K. OSOOOD JAMES O.THORVILSON, P.C. March ANDREW J. SIMPSON, P.C. +'�I-ul 14/ 1988 SCOTT R. OSGOOD 'Ir5i)-jT(VQ71-1: MAR 15 1988 Mr. Brian J. Single ---- — Department of Planning Services Weld Co. Plnnme! r,rmmi�ia, 915 10th Street Greeley, Colorado 80631 Re: McCorI/Shenk Exemption Application Request Dear Brian: As a follow-up to our telephone conversations concerning the above referred to requested exemption, this letter is to bring you up-to-date on the results of our discussions with Left Hand Water Supply Company. As a result of conversations I had last week with Mr. and Mrs. Paul Shonk, they are picking up the one remaining water tap fran Left Hand Supply Company. The result will be that the 20 acre tract in question subject to the division request in to the 10 acre tracts will each have a water supply source from Left Hard Water Supply Company. Also as a follaa-pup to our conversations, I have again discussed the situation of the taps and the availability of the same with Ms. Terri Magnuson, the engineer for Left Hard Water Supply Company. Ms. Magnuson indicated to me that the final documents have not been executed to completely tie up the purchase of the Windy Gap water source. She indicate to me the agreements are currently being reviewed by the attorneys for Left Hand Water Supply Company, and she did not feel there were any problems existing in the overall transaction. She also indicated to me that she felt we should have an answer by April 1, 1988. Accordingly, I would appreciate your putting our exemption request on hold until such time as I can definitely receive a positive commitment fran Left Hard Water Supply Company for a water source to the property in question. As I indicated, I think this will take place on or about April 1, 1988. I have also discussed with Mr. and Mrs. Shonk the situation concerning the Weld County Well Co-op in the event the Left Hand situation should not materialize. Mr. Shonk indicated to me that this is also a source supply of water. Inasmuch as this source would also require an expenditure of a capital payment to the Well Co-op, Mr. Shank and I decided it would be best to pursue the left hand source of supply with the alternative that if that does not work out, we would then get a refund of the money paid to Left Hard which could be used to initiate a water source from the Well Co-op. 880983 r . ,►, /ti Mr. Brian J. Bangle March 14, 1988 Page 2 I trust this letter brings you up-to-date on the situation of the exemption request and is sufficient to put our application on hold until such time as we request that it go forward. If you have any questions or need any further or additional information, please give me a call. Very)truly yours,70VIIBON,7 . p, DilaMPSCI47.-.'" James /moral/ . / i�lso JOT/es cc: Ms. Beverly McCord 6550 North Camino T.i bby Tucson, Arizona 85718 cfi, mEmoRAnDum 4.4 Weld County Planning Date February 4, 1988 O To COLORADO From Health Protection Servicesag, Case Number: RE-1072 Name: McCord, Beverly Ann Benson Subject; Health Protection Services has reviewed this proposal and recommends for approval, subject to the following condition: 1. Weld County Septic Permit is required for the proposed home septic systems and shall be installed according to the Weld County Individual Sewage Disposal Regulations. FEB 9 1988 vS 91 efd Co. Panning Canissiorr p i� f EfORAfiDUfn Wino Brian Bingle To Planning Department Date F 1988 COLORADO From Drew L. Scheltinga, County Engineer subiect: Beverly and Benson McCord RE-1072 I have no objection to the recorded exemption because the two parcels are of separate ownership which occurred erroneously. However, I would recommend that the existing 12 foot access easement be increased to 30 feet. Six feet either side of a property line does not provide enough room to construct a reasonable vehicular access. r n y l� DLS/bf " c'r,l l V ?,C/� xc: Planning Referral File: McCord RE 1072 ' FEB 4 1988 Weld Co. Planting enaoussiou 880983 _figjosi OF•002 --"&434160,. WE-88-0017 18) ROY R.ROMER * * JOHN W. ROLD GOV *; * DIRECTOR *1876 COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING-1313 SHERMAN STREET DENVER,COLORADO 80203 PHONE(303)866-2611 February 10, 1988 Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Gentlemen: RE: MCCORD/SHANK C-M READY MIX CONCRETE COMPANY EXEMPTION At your request we have reviewed the materials submitted by you to this office for the proposed subdivision referenced above. While we have no geology-related objection to the subdivision per se, the undermined condition of the property should be investigated in detail prior to any high value construction, including residential development on the site. This means that the site should be drilled to determine the status of collapse, if any, of abandoned mine workings at depth. A qualified geotechnical engineer experienced in subsidence investigations should analyze the drill-hole data and appropriate hazard mitigation measures should be devised prior to development. The expansive soils present in the area undoubtedly will recessitate that specialized foundation designs be used for all structures, and that proper maintenance of them to ensure that long term proper structural performance is maintained. Without a plat of the area showing specific details of residential subdivision it is not possible to evaluate other potential geologic hazard-: It should be anticipated that drainage-control measures and some regrading of parts of the site will be necessary however. If you have questions or additional advice is needed, please let this office know as soon as possible. Si/ erely, 6James M. Soule .ngineering Geologist dlr:JMS-88-064 0 T!L!I. 3716/6 1FEB 16 1988 GEOLOGY ���j`�� r � f—J STORY OF THE PAST...KEY TO THE FUTURC— — #8Ia to. PiaYtilitCONIMISS(o f N‘ /....., t 4 •-• ,, LONGMONT FIRE PROTECTION DISTRICT %.-' ��. ', 9119 County Line Rd., Longmont, CO 80501 (303) 772-0710 �` r+crwN 4' David Bierwiler Conrad Hopp Richard Hicks Mike Holubec,Jr. Felix Owen Wilbur Nuss Fire Chief Director Director Director Director Director 12 February 1988 Mr . Brian J. Bingle Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Ref: Case# RE-1072 Beverly Ann Benson McCord Dear Mr . Single: We have reviewed the application for a recorded exemption and do not have any objections. We do have the following requirements that shall be complied with prior to any approval for dwelling permits. 1 . A fire protection water supply system shall be provided with fire hydrants. Fire hydrants shall be separated by no more than 500 feet and no dwelling shall be more than 300 feet from the nearest hydrant . (Uniform Fire Code 1985 Edition Section 10. 301 (c ) . Proof of an adequate fire flow within the system shall be provided, along with copies of the utility plans, for review and approval . 2. Access roadways shall be provided and designed to meet the requirements of the Uniform Fire Code Section 10.207 (copy attached ) and Weld County Regulations.. 3. Building permits will not be approved until the above are in service and have been inspected and approved by officials of Weld County ? the C, Longmont Fire Protection District . WC �1 L�1J P. rn 4. Complete set of plans shall be provided by the co....4 0 developer for review and approval . S i� CO LJJ 880983 '. C=7 RECORDED EXEMPTION NO. 1467-9-2—RE 1072 tr NW Cor. Sec.9. Ii I D N88°4833"E —884.50 0 _ — Vr 974.87 II >* ca Z r,Clo 30 Kt" P : LOT I M I ri o4a 10. 296 Acres * It I 3 a m I $ �� E XIS TING I2' ACCESS EASEMENT n • m (8 EACH SIDE PROPERTY LINE) ne rL -- — I — — — — — — N87°50'20"W— — — — — 2 o r — ` 976.88- — el — — -- — — - 885.,1 — — — _ -9 I 1 ,� _ W 2MI $ 2 I = 1°: W1/4 Cor. cslon9mLOT 2 TIN,R88W O ,Ga 10. 265 Acres x N f•—.. .'S r. N (�I 1 oaf MI n PI \Al I� I 982.32 i� 727.55 1 Ian N94°32'42"W CA..)y 3°44'27"W CENTERLINE Ie1.3T UNION PACIFIC 5o' R.O.W R•5748.98 RAILROAD 0 — Property SW Cor. (MMawme Corner t°d n 988 _erSec.9, TIN, MOW I By McRae L.S. 8818) Vel. D O - Section CornerE Yr � I O O t; z / ,, ,. . '\4 %) SCALE: I"=200' frli •} ENSION ` \ °Q•1( • ' 100 200 400 , l _ i :• _) ) :i•_ LOT I = 10. 296 Acres* ' r... Y•�' LOT 2 = 10. 265 ° Lot I ', \••' `fT% 2J TOTAL = 20. 56I " e • I )/J 74 • . . j/� 1 ; *liming, Owners �, BM . p4 /� ( o i.•� BEVERLY ANN BENSON McCORD, -N . ,!, 1 VIRGIL PAUL SHONK, I„ ANNA LOUISE SHONK B Lot 2 C—M READY MIX CONCRETE CO. 1;,, ' . ,/ i. 1 • i _ / i •• Prepared By: • i ALPHA ENGINEERING /. I, , ; <*-- P. O. BOX 392 • I 7 I �' �_, FT. LUPTON, CO. 9062/ 1, 1 J ' (File 9—/N9—/I! O VICINITY MAP- SCALE: I"= 2000' N Date : JULY 22, 1987 SHEET I OF 3 . 880983 RECORDED EXEMPTION NO. 1467-- 9-2 - RE 1072 • LEGAL DESCRIPTION: One parcel of land consisting of two tracts, Tract "8" and Tract "D", and located in the West one-half of Section nine (9), Township one ( 1 ) North, Range si'xty-eight (68)West of the Sixth (6th) principal meridian, Weld County, Colorado and being more particularly described as follows: TRACT "B": ' Commencing at the West one-quarter corner of said Section 9, and considering the West line of said Northwest one-quarter to bear North 00' 00'00' East and with all other bearings contained herein relative thereto: thence North 00'00'00' East along the West line of said Northwest one-quarter, 678.71 feet to a point' from which point the Northwest corner of said Section 9 bears North 00'00'00' Bast, 1997.47 feet; thence North 88'46'33" East, 974.67 feet to the True Point of Beginning; Thence continuing North 88'46'33" East, 884.50 feet; thence South 00'12' 15" East, 533.28 feet; thence North 87'50'20" West, 885. 11feet; thence North 00°12' 15' West, 481 .01 feet to the True Point of Beginning. AND TRACT •D": Commencing at the West one-quarter corner of said Section 9 and considering the West line of said Northwest one-quarter to bear North 00'00'00' East and with all other bearings contained herein relative thereto; thence South 00'00' 00' West, along the West line of said Section 9, 167.99 feet to a paint on the North Right-of-Way line of the Union Pacific Railroad; thence South 84'32' 42" Bast, along said North Right-of-Way line, 982.32 feet to the True Point of Beginning; thence North 00'12' 15' West, 479.90 feet; thence South 87'50' 20' East, 885.11 feet; thence South 00'12' 15" East, 533.28 feet to a point on the North Right-of-Way line of said Union Pacific Railroad; thence along the arc of a circular curve to the left whose radius is 5748.98 feet and whose chord bears North 83'44'27' West, 161 .37 feet; thence continuing along said North Right-of-Way line North 84'32'42" West, 727.55 feet to the True Point of Beginning. Said tracts of land constitute a single parcel containing 20.561 acres and is subject to any Rights-of-Way or other easements as granted or reserved by instruments of record or as now existing on said tracts of land, including an easement for one ditch or pipe to carry irrigation water in a practical manner from the headgate canal located near the Center Corner of said Section 9 across Tracts "B" and "D" described herein to the land adjoining Tract 'B' on its North boundary. Also including an easement for one ditch or pipe to carry irrigationJwater in a practical manner from the headgate canal located near the Center Corner of said Section 9 across Tracts "B" and "D" described herein to the land located immediately to the West of said Tracts "B" and "D" described herein andlEast of the West line of said Section 9. A twel44e. foot access easement is herein reserved for the benefit of landowners located on 'and -to the East of said Tracts "B" and "D" and to the West of said Section 9, North-South centerline. Said easement extends six feet to the North and six feet 'to the South of that survey line which separates Tract 'B' from Tract 'D" as described herein and running South 87'50'20' East, 885. 11 feet and starting from a point 976.86 feet from the True Point of Beginning for Tract "D" on a line running North 00'12' 15' West from said True Point of Beginning. SURVEYOR'S CERTIFICATE: I hereby certify that this plat was prepared under my supervision and that the same is correct to the best of my knowledge and belief. CecS A. Crowe. i L.S. 12330 NOTE : �4��.R:CRO� I. Prior to applying for any building permits, the • !, . e applicant shall submit to the Department of Planning Services evidence that a subsidence report • 3 was completed on each lot conducted by a qualified ' a a DY ? geotechnical engineer and approved by the Colorado '.., C ? Geological Survey. This report shall include • t+ 4)/ information on any collapse of abandoned mines and appropriate hazard mitigation measures. 880983 SHEET 2 OF 3 . • r. RECORDED EXEMPTION NO. I467-- 9-2 - RE 1072 PROPERTY OWNERS APPROVAL: We, the undersigned, being the sole owners in fee of the above described property do hereby subdivide the same as shown on the attached map. Sivrr4 sonare"' G�A ,y •,,,,,, ` , ,t g W .rhe ng?certification was acknowledged before me this ,21) day of r 19S.. yy ccemi'a4.lon expires: U1541/4O Notary lublic, W tness my hand and seal. �i g au ng au n Anna Louise Shonk 67_,LLv o /`� 7✓F,„.„.c_ C-M Ready Mix Concr Co. By: v • Th I voing certification was acknowledged before me this is - day of 19 p .. #ar, re : -� P. ; ' s • / .ct, ES lie, witness my han and seal. COMM,JSSIONERS CERTIFICATE: Th a comppaanyi plat is accepted and approved for filing. Chairman of the Board of County Commissioners ATTEST: County Clerk ��� Sol Y \I Date ///7/11 C \ J rin 880983 • SHEET 3 0F3 . Hello