HomeMy WebLinkAbout870103.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 915 - JAMES H. TULL
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. 915 , does not
come within the purview of the definition of the terms,
"subdivision" and "subdivided land" , and
WHEREAS, the request for Recorded Exemption No. 915 was
submitted by James H. Tull for property which is located in part
of the NW' of Section 16 and part of the NE' of Section 17 ,
Township 2 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 62 acres and 29 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
conditional upon the following:
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.
870103
I
Page 2
RE: RE #915 - TULL
2 . A Weld County septic permit is required for the proposed
septic systems which shall be installed according to the
Weld County Individual Sewage Disposal Regulations.
3 . A Flood Hazard Development permit will be required for
any new construction or the substantial improvement of
existing structures located in the Floodway of
Floodprone District on the property.
4 . The following note shall be placed on the recorded
exemption plat prior to recording the plat:
At the request of the Division of Water Resources , the
following conditions and/or restrictions shall be
complied with:
a. The property has not been previously subdivided or
exempted since 1972 . The Division of Water
Resources will not make additional permits
available for future splits of either tract.
b. The well permit which will be available will be
limited to use inside one single-family dwelling
only. Outside use for lawn and garden irrigation
or livestock is prohibited.
c. The applicant should provide proof that an
evaporative wastewater system will not be required.
The Division of Water Resources will not issue the
well permit if any evaporative system is required.
d. Prospective lot purchasers should be made aware of
the limitations on water use.
870103
Page 3
RE: RE #915 - TULL
The above and foregoing Resolution was, on motion duly made
and seconded , adopted by the following vote on the 11th day of
February, A.D. , 1987.
BOARD OF COUNTY COMMISSIONERS
ATTEST:` 2��bto � WELD COUNTY, COLORADO
Weld County lerk and Recorder EXCUSED
and Clerk to the Board Gordo/ E.
n/y�E.�,/'L�a`cy, Chairman
C.W. Kirby, ro-Tem
eputy Countgkt-g-sc_a-)
erk s01 ,
APPROVED AS TO FORM: Gene ilR B ntner
County Attorney
Frank Yamaguchi
870103
CONDITIONS OF APPROVAL
RE-915
James H. Tull, et al
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.
A Weld County septic permit is required for the proposed septic systems and
shall be installed according to the Weld County Individual Sewage Disposal
Regulations.
A Flood Hazard Development permit will be required for any new construction
or the substantial improvement of existing structures located in the
Floodway of Floodprone District on the property.
The Following note shall be placed on the recorded exemption plat prior to
recording the plat:
At the request of the Division of Water Resources, the following
conditions and/or restrictions shall be complied with:
1. The property has not been previously subdivided or
exempted since 1972. The Division of Water Resources
will not make additional permits available for future
splits of either tract.
2. The well permit which will be available will be limited
to use inside one single-family dwelling only. Outside
use for lawn and garden irrigation or livestock is
prohibited.
3. The applicant should provide proof that an evaporative
wastewater system will not be required. The Division of
Water Resources will not issue the well permit if any
evaporative system is required.
4. Prospective lot purchasers should be made aware of the
limitations on water use.
The foregoing conditions and/or restrictions are from the Division
of Water Resources' letter dated December 17, 1986.
"?0103
DEPAR- ENT OF PLANNING SERVICES
Il
PHONE(303)356400
15 00 E T.STREET
,. O5 10th STREET IF RR GREELEY,COLORADO 80631
111 P C.
COLORADO
6`4"
February 11, 1987 /
Board of County Commissioners
Weld County Centennial Center
915 Tenth Street
Greeley, CO 80631
RE: RE-915
Dear Commissioners:
This request for a recorded exemption is submitted by James H. Tull. The
parcel of land on which this request is being made is described as part of
the NW} of Section 16 and part of the NE} of Section 17, T2N, R68W of the
6th P.M. , Weld County, Colorado. The property is located approximately 11
miles west of Rinn on Weld County Road 201. The parcel under consideration
is not the total contiguous land holdings of the applicant. This request
should be considered with the request for Subdivision Exemption #276.
The request is to divide the property into parcels of 61.826 acres and 28.6
acres, more or less. There is an agreement between Tull Cattle Company and
the Thomases to convey the larger parcel to the Thomases.
The Weld County Health Department has reviewed the application materials and
has no objections to the request. The Division of Water Resources has also
reviewed the application materials and has recommended approval if certain
conditions are complied with.
The staff has concerns whether adequate water will be available for the
potential uses of this property if the Division of Water Resources'
conditions of approval are met. The Division of Water Resources conditions
are identified in its letter of December 17, 1986.
The Staff recommends that the Board of County Commissoners consider this
request and determine if the standards of Section 9-2 E. (1) (a) through (m)
of the Weld County Subdivision Regulations have been met.
Respectfully submitted,
QA\ su v
Chuck Cunliffe, Director
Department of Planning Services
CAC:rjg
810103
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant: James H. Tull and Jessie & Trudy Thomas Case No: RE-915
Legal Description: NWI of Section 16 and NE} of Section 17, T2N, R68W of
the 6th P.M. , Weld County, Colorado.
Larger Lot Size: 61.826 Acres ± Small Lot Size: 28.6 Acres ±
Criteria Check List
Meets Criteria
Yes No
X 1. Consistent with the intent of the zone district.
X 2. Compatible with the existing surrounding land uses.
X 3. Compatible with the future development of the
surrounding area.
X 4. Complies with Overlay District Regulations.
X 5. Complies with minimum lot size requirement.
X 6. Complies with the Weld County Comprehensive Plan.
X 7. Consistent with efficient and orderly development.
X 8. Lots accessible from an existing public road.
9. Adequate water supply.
X 10. Adequate sewage disposal in compliance with
requirements of the Weld County Health Department.
X 11. Lots are not part of a recorded exemption approved
within less than five (5) years previous, are not
part of a subdivision, or are not part of a Minor
Subdivision.
R 12. Does not evade the Weld County Subdivision
Regulations requirements and Statement of Purposes.
70103
FIELD CHECK
FILING NUMBER: RE-915 and SE-276 DATE OF INSPECTION: February 7, 1987
NAME: James Tull, et al.
REQUEST: Recorded Exemption
LEGAL DESCRIPTION: Part of the NW} of Section 16 and part of the NE} of
Section 17, T2N, R68W of the 6th P.M. , Weld County,
Colorado.
LOCATION: Approximately 11 miles west of Rinn on the north side of Weld
County Road 20i.
LAND USE: N Agricultural
E Agricultural
S Agricultural
W Agricultural
ZONING: N Agricultural
E Agricultural
S Agricultural
W Agricultural
COMMENTS:
The proposed 12.7 acre parcel has an existing set of improvements located on
it. Access to the parcel is existing from Weld County Road 20} which is a
paved surface. A mobile home and other accessory structures are located on
proposed lot "A" of the recorded exemption. Access to the parcel is also
existing from Weld County Road 20}. Boulder Creek runs along the eastern
edge of the properties. The majority of the recorded exemption property
appears to be irrigated pasture or natural grasses along Boulder Creek.
There are three residences located on the south side of Weld County Road 20i
in the immediate area.
By: Oita
Chuck Cunliffe, D
Department of Planning Se i es
""0`13,
AGREEMENT
AND TRUDENCE K. THOMAS
THIS AGREEMENT between TULL CATTLE CO. and JESSE L. THOMAS/shall
cover the terms and conditions covering the sale of approximately 55
acres located in the North East * of Section 17, Township 2 North, Range
68 West of the 6th P.M. , Weld County, Colorado.
SELLER - TULL CATTLE CO. •
BUYE'R•., Jesse L. Thomas and Trudence K. Thomas
1 . Purchase price shall be $4,000.00 per acre. To be determined
by survey furnished and paid for by Sellers.
2. $50,000.00 paid at time of signatures on this Agreement. Semi-
annual installments of $10,000.00 due on August 8 and February 8th of
each year until February 8, 1994, at which time any remaining principal
and interest shall be due. Interest rate shall be twelve (12%) per
cent per annum.
3. Thomas shall receive five (5) Shares of the capital stock of
the Plumb and Dailey Ditch Company and 20 acre foot units of Northern
Colorado Water Conservancy District.
4. Thomas to receive all fencing and gates bordering this property
as part of the sales price.
5. Tull Cattle Co. will attempt to work out an access to river
so that Thomas can have access for his livestock.
6. It is expressly understood by Thomas and Tull Cattle Co. that
all deeds, notes and deeds of trust shall be held in escrow until such
time that all points as outlined below can be mutually agreed upon by
both parties.
A. Obtaining accurate survey.
B. Determine if Tull Cattle Co. will have to be the applicant
for the building permit which Thomas will wish to obtain.
C. Determining and acquiring release of enough acreage from
Deed of Trust for home to be built on premises.
7. Tull Cattle Co. expressly agrees to make all payments on the
existing first Deed of Trust to Travelers Insurance Co. and to completely
pay of their Note not later than May 1 , 1994.
THIS AGREEMENT SIGNED this a/61 day of February, 1983.
Tull Cattle Co. , Seller
Nom„
eril
Jesse L. T o ias, Buyer : James H. Tull , President
r,F • �c7yr�u��
`Trudence K. Thomas, Buyer
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APPLICATION FOR RECORDED EXEMPTION
PHONE: 356-4000, Ext. 4400
Department of Planning Services, 915 10th Street, Greeley, Colorado 80631
FOR PLANNING DEPARTMENT USE ONLY: O�
c APPL. FEE
CASE NO. Q G- A RECORDING FEE
ZONING DISTRICT y tc1A 14-«+✓o` , RECEIPT NO. '4/R35--
DATE 5/I1 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:
The NW' of Sec. 16 and the NEa of Sec. 17, T2N, R68W of the 6th P.M. , County of Weld,
State of Colorado more particularly described on the attached plat map.
TOTAL ACREAGE: 90.426 +/-
Has this property been divided from or had divided from it any other property since
August 30, 1972? Yes No X
Is this parcel of land under consideration the total contiguous land owned by the
applicant? Yes No X � �������� C1
FEE OWNERS OF PROPERTY: "J r�
0 - 1986
Name: JAMES H. TULL r1:
,`J
Address: 7318 Island Circle; Boulder, CO 80301 Phone:WgIPl0.-Afak bammistimi
Name:
Address: Phone:
Name:
Address: Phone:
WATER SOURCE: Larger Parcel Domestic Smaller Parcel Domestic
TYPE OF SEWER: Larger Parcel Septic Smaller Parcel Septic
PROPOSED USE: Larger Parcel Agricultural Smaller Parcel Agricultural
ACREAGE: Larger Parcel 61.826 Smaller Parcel 28.6
EXISTING DWELLINGS: (Yes or No) Yes (Yes or No) No
I hereby depose and state under the penalties of perjury that all statements,
proposals, and/or plans submitted with or contained within this application are true
and correct to the best of my knowledge � 'c' C. Tk4411,1 + u4ve rate&eccsi7 . ere„
NA-el a" c7
COUNTY OF WELD ) CCl1
STATE OF COLORADO )
Sig ure: Owner or Authorized Agent
Subscribed and sworn to before me th s 29th day of April, , 1986 .
(SEAL)
n
N tary Public Judith B. Butcher
440 East I-25 Frontage Road
rie, CO 80516
My Commission Expires January 8, 1987. 8170103
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57
$ April 30, 1986
M
O
xWeld County Department of .+ 0�
• Planning Services
915 Tenth Street JAMES H. TULL
President
▪ Greeley, CO 80631
S Gentlemen:
2 Applicant respectfully requests a favorable consideration from the Board of County
cc Commissioners for Weld County, Colorado in that applicant currently is the sole
6 owner in fee simple of a parcel of land in Sections 16 and 17 of Weld County which
O comprises approximately 90.426 acres. Of this acreage, applicant has successfully
w secured a purchaser whose interest lies in only 61.826 acres of the parcel . This
• acreage (61.826) was viewed and accepted by the proposed purchaser based on the lie
Q of the land, existing fencing, and ability to qualify for funding. Division of this
g parcel from the whole would leave applicant with a parcel of approximately 28.6
acres. All of the above-mentioned land is currently zoned agricultural and it is
• the intent of all parties concerned; i.e. , James H. Tull and Jesse and Trudence
Thomas to leave the zoning and uses of the parcel hereinmentioned as agricultural
w (pasturage) .
• To date, no purchase contract has been entered into by the parties; however, a
letter agreement has been executed indicating the good faith negotiations of the
2 parties so to do.
8 To the knowledge of all parties concerned, all adjoining parcels are currently zoned
t agricultural and will continue to be so zoned and so used, thereby making this
Q division of parcels consistent with present uses.
LIt is presumed water service for these parcels would be through a service company
tap or domestic well with sewage disposal being handled by the normal rural septic/
• leach field method.
To the best of applicant's knowledge, the property under consideration for a recorded
exemption is not located in a flood plain, geologic hazard, and/or Weld County Airport
Q overlay district. Applicant is unfamiliar with the Section Fifty (50) overlay dis-
Etrict regulations as outlined in the Weld County Zoning Ordinance.
Q Sincerely,
v
TULL CATTLE COMPANY
O / ,
lJ
ames H. Tull
President
JHT/jbb
Enclosures
RECORDED EXEMPTION NO.
THE NW, OF SECTION 16 AND THE NEa OF SECTION 17, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH
PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO.
Commencing at the Ea Corner of Sec. 17;
thence N89°45'11"W, 1,314.09 ft. to the
TRUE POINT OF BEGINNING; thence N01°19'
18"E, 623.89 ft. ; thence S89°27'12"E,
155.64 ft. ; thence N04°49'11"W, 131.99
ft. ; thence N18°05'43"E, 60.22 ft. ;
thence N50 10'17"E, 78.21 ft. ; thence
N60053'29"E, 202.55 ft. ; thence S47°13'
35"E, 408.84 ft. ; then&e N19o26'48"E,
• 187.26 ft. ; thence N30 29'41"E, 527.03
ft. ; thence N39051'25"E, 201.98 ft. ;
thence N31°03'50"E, 214.87 ft. ; thence
--•- . - N29050'42"E, 192.91 ft. ; thence N320
34'20"E, 189.73 ft. ; thence N29°08'54"
E, 104.43 ft. ; thence N08°13'42"E,
• • 277.69 ft. ; thence N10°20'52"E, 113.48
ft. ; thence N27°51'26"E, 196.68 ft. ;
thence 589°30'16"W, 327.97 ft. to the
• NE Corner of Sec. 17; thence S89°20'06'
_ W, 263.51 feet; thence 589°28'40"W,
t,s"' _ .JAD t. ----� man 1,059.39 feet; thence 800°51 '45"W,
WELD COUNTY ROAD 2t z 1,300.05 feet; thence N89°32'00"W,
1,323.23 feet; thence S01°14'00"W, 925.64 feet; thence 550°51 '00"E, 628.59 feet; thence
589°45'11"E, 840.09 feet to the TRUE POINT OF BEGINNING, comprising 90.426 acres, more or less
as.
THOMAS PARCEL: LOT "A"
A tract of land located in the NEa of
Sec. 17, T2N, R68W of the 6th P.M.,
County of Weld, State of Colorado,
described as follows:
Approx. location of Commencing at the Ea Corner of said
temp. mobile home LOT "B" Sec. 17; thence N89°45'11"W, 1,314.09
structure • ft. along the East-West Centerline of
TOLL said Sec. 17 to the SW Corner of that
PARCEL tract of land conveyed to James M.
..„ -... Strahan and Linda L. Strahan as
THOMAS PARCEL described in Warranty Deed recorded in
E.00k 0979 as Reception No. 01906047 of
LOT "A" the records of Weld County, Colorado,
Proposed easement/access and the TRUE POINT OF BEGINNING;
lane (30') thence N01°19'00"E, 623.89 ft. along
the W line of that tract of land as
described in said Book 0979 as
_
TA,.r- „ Reception No. 01906047 to a Northwest-
WELD COUNTY ROAD 201/2 erly Corner thereof; thence S89°27'00"
E, 1.50 ft. along the Northerly line
of that tract of land as described in said Book 0979 as Reception No. 01906047; thence NO00
17'00"E, 516.31 ft. ; thence N53°56'00"E, 580.53 ft. ; thence N30°12'00"E, 296.14 ft. ; thence
N33°30'00"E, 157.69 ft. ; thence N59°58'30"E, 288.91 ft. ; thence N11°10'30"E, 622.69 ft. ;
thence 589028'40"W, 1,059.39 ft. ; thence S00°51'45"W, 1,300.05 ft. ; thence N89°32'00"W,
1,323.23 ft. ; thence SO1°14'00"W, 925.64 ft. ; thence 550051'00"E, 628.59 ft. to the East-West
Centerline of said Sec. 17; thence S89045'll"E, 840.09 ft. along the East-West Centerline of
said Sec. 17 to the TRUE POINT OF BEGINNING, comprising 61.826 acres, more or less.
TULL PARCEL: LOT "B"
Beginning at the Ea Corner of said Sec. 17; thence N89°45'11"W, 1,314.09 ft. ; thence NO1019'
18"E, 623.89 ft. to the TRUE POINT OF BEGINNING; thence N00017'00"E, 516.31 ft. ; thence N53°
56'00"E, 580.53 ft. ; thence N30o12'00"E, 296.14 ft. ; thence N33°30'00"E, 157.69 ft. ; thence
N59058'30"E, 288.91 ft. ; thence N11°10'30"E, 622.69 ft. ; thence N89°20'06"E, 263.51 ft. to
the NE Corner of Sec. 17; thence N89030'16"E, 327.97 ft. ; thence 827051 '26"W, 196.68 ft. ;
thence S10°20'52"W, 113.48 ft. ; thence S08013'42"W, 277.69 ft. ; thence 529°08'54"W, 104.43 ft.
thence 532°34'20"W, 189.73 ft. ; thence S29°50'42"W, 192.91 ft. ; thence 831003'50"W, 214.87 ft.
thence S39051'25"W, 201.98 ft. ; thence 830029'41"W, 527.03 ft. ; thence S19026'48"W, 187.26 ft.
thence N47013'35"W, 408.84 ft. ; thence 560053'29"W, 202.55 ft. ; thence 550010'17"W, 78.21 ft. :
thence 518005'43"W, 60.22 ft. ; thence 504049'11"E, 131.99 ft. ; thence N89°27' 12"W, 155.64 ft.
to the TRUE POINT OF BEGINNING, comprising 28.6 acres, more or less.
Page 1 of 2 Fr,yOlt fin
RECORDED EXEMPTION NO.
Page 2 of 2
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mEmoRAnDum
To Weld County Planning Date Jul
23, 1986
COLORADO From Health Protection Services UCI_AA3 MC
1
Case Number: RE-915 Name: James H. Tull & Jessie and
sunieo,:
Trudence Thomas
Health Protection Services has reviewed this proposal and recommends for
approval, subject to the following conditions:
4. Weld County Septic Permit is required for the proposed septic
systems and shall be installed according to the Weld County
Individual Sewage Disposal Regulations.
By Direction of Ralph R. Wooley, M.D.
o C r
JU! 2,11986
Weld Co. Planning Commission
f . l . ,_ {. . _ :.,. .._.. .;.'_ :..... :.' ...v:..yc0-rR a`.,•p...n... .fin..,a.'. <G: -\i�=,- ,.
R -r r MXJ.�S�pTs ti-rs;5iA- F:s,K.. mw t:it4TYxt; .`S"Aaswsg't:+;:.
rOF ACE)-2O,a
C4 9
RICHARD D. LAMM ! ,� 0 JERIS A. DANIELSON
Governor `" o -� State Engineer
1876
OFFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOURCES
1313 Sherman Street-Room 818
Denver, Colorado 80203
(303) 866-3581
August 25, 1986
Ms. Debbie deBesche
Weld County Planning Department
915 10th Street
Greeley, CO 80631
Re: Tull Exemptions, SE-276 & RE-915,
NW1/4, Sec. 16, & NE1/4, Sec. 17,
T2N, R68W
Dear Ms. deBesche:
We have reviewed the above referenced proposals to separate 103.151 acres
into three tracts of 61 .826, 28.6 and 12.725 acres. Our records show no wells
are located on the tract; therefore, these proposals would require two new
household use only wells.
The only time this office can consider recommending approval of
subdivisions proposing additional exempt wells in an aquifer tributary to an
over-appropriated stream is when: (1 ) only one additional well would be
required for in-house use only, (2) there has not been a prior subdivision or
exemption associated with the property since May 31 , 1972, and (3) there are
no conditions on any existing well permits prohibiting the proposed additional
well. Such "exemption" proposals are considered on a one-time basis only.
All other proposals calling for additional wells require an augmentation plan
developed through the Water Court.
Since it appears these proposals violate no. 1 above, we cannot recommend
approval .
Sincerely,
Hal D. Simpson, P.E.
Deputy State Engineer
HDS/JCM:ma/8329H r( NJ IMO
wry
cc: Alan Berryman, Div. Eng. D ' �
Steve Lautenschlager :,U l,, 2;i 1986
Weld Co. Planning Commission
SlOtna
S Y'.rtn:f'"-`�?'q1'r.a''.q4`". ..Cc.-i.ri t_.- -.::-• N �7 ..ur � - < ... ..+c..:i't+ ,+z 4a:..:; r�..e _ _. '.>1 ,
•
DEPARTMENT OF PLANNING SERVICES
S PHONE(303)3564000 EXT.4400
915 10th STREET
GREELEY,COLORADO 80631
y I •
v�I
COLORADO
November 20, 1986
Mr. Hal D. Simpson, PE
State Engineer
Division of Water Resources
1313 Sherman Street
Room 818
Denver, CO 80203
RE: Tull Exemptions, SE-276 and RE-915, part of the NW} of Section 16 and
part of the NE} of Section 17, T2N, R68W of the 6th P.M. , Weld County,
Colorado.
Dear Mr. Simpson:
The Department of Planning Services Staff has received additional
information regarding the water sources on the above references property. I
have included copy's of the additional information for your review. Please
inform us if this changes your recommendation stated in a letter dated
August 25, 1986.
Sincerely,
,Whi
Debbie L. deBesche
Current Planner
DLD:dy
Enclosure
870103 0103
1 rStRett. 76 COLORADO DIVISION OF WATER RESO elfiS VED RECEIVED
818 Centennial Bldg.,1313 Sherman St., Denver,Cot ed62e3
PERMIT APPLICATION FORM
DEC23 1985 OCT 15 1985
Application must RLM= WATER RESOURCES •
1 be complete where ( )A PERMIT TO USE GROIN,�y71(a �TE•DIMMER
I applicable. Type or ( )A PERMIT TO CONSTRU
I print in BLACK FOR: ( ) A PERMIT TO INSTALL A PUMP
INK.No overstrikes 0CT 161986
i or erasures unless ( 1 REPLACEMENT FOR NO. ^
1 initialed. (4-'1 OTHER C1iQ.-a•f GdYAi \_ COPY
WATER COURT CA N0. J (r
)
(1) APPLICANT- mailing address FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN
NAME57 scK /. A rim /IQun r.vc6 de 7146. 5 Receipt NoS77.. 1/
i STREETTC3//— .cQJ1 ;PL PL, Basin Dist.
CITY EDVW.e, . CO/O foal /
I (slaty (zip) CONDITIONS OF APPROVAL
i.n:, . �.- -TELEPHONE NO. ?4 R�rD�7 n�'ri—'>'S'Y.Z, This well shall be used in such a way as to cause
r''�'
�no material injury to existing water rights. The •
i (2) LOCATION OF PROPOSED WELL issuance of the permit does not assure the applicant
that no injury will occur to another vested water
right or preclude another owner of a vested water
County 11.14._id Coon 4y right from seeking relief in a civil court action.
S W Y. of the 111— rF '/.,,Section /7 1) APPROVED PURSUANT TO CRS ' 37-92-602
�i Twp.1 A[, Rng. Q- 6 D _1BL, - 6 in` P.M. (3)(b)(II) AS THE ONLY WELL ON A TRACT OF
LAND OF oi%O!5 ACRES DESCRIBED AS £sc
N.s (e,w)t f' !/fr..(J J /.�Gil--'Y '!/c'sCflt reic)
(3) WATER USE AND WELL DATA
• 2) APPROVED FOR THErEXPANDED USE OF AN EXIST iNC
WELL, PERM IT NO. /•x/5',9,37 •
Proposed maximum pumping rate(gpm) .3) THE USE OF GROUNDWATER FROM THIS WELL IS LIMITED
Average annual amount of ground water FIRE PROTECTION, ORDINARY HOUSEHOLD PURPOSES
to be appropriated (acre-feet): NSIDE A SINGLE FAMILY DWELLING, THE IRRIGATION
/ OF NOT MORE THAN ONE ACRE OF HOME GARDENS-
Number of acres to be irrigated: AND LAWNS, AND THE WATERING OF DOMESTIC ANIMALS.
•
Proposed total depth (feet): a-' J THE RETURN FLOW FROM THE USE OF THE WELL
Aquifer ground water is to be obtained from: • MUST BE THRU AN INDIVIDUAL WASTE WATER'DISPOSAL.
SYSTEM OF THE NON • EVAPORATIVE TYPE WH?RE THE
WATER IS RETURNED TO THE SAME STREAM SYSTEM IN
WHICH IHE WELL IS LOCATED. i°/.a.711
Owner's well designation •
• GROUND WATER TO BE USED FOR: 5) T 5 HE c PING RATE FROMTHIS WELL SHALL NOT
EXCEED LLOMS PER MINUTE, »/e X.
( 1 HOUSEHOLD USE ONLY -no irrigation (0) 6) THE ISSUANCE OF THIS PERMIT HEREBY CANCELS
I✓1 DOMESTIC 111 ( ) INDUSTRIAL (51 PERMIT NO. / ,5ff 3 .real za
1✓i LIVESTOCK (21 ( ) IRRIGATION 161 5f 7
( I COMMERCIAL (4) ( ) MUNICIPAL (8)
1 1 OTHER (9) APPLICATION APPROVED
DETAIL THE USE ON BACK IN (11) 145838
PERMIT NUMBER
(4) DRILLER OCT 2 8 19x6
' DATE ISSUED
uJ I" �, a, � y EXPIRATION TE OCT 2 8 1988
b treei-. l S - ( .( /i ..'
!VICity. 19Q6 STATE cN NEER)
` Al; (State) (Zip) 515.1 L
/L� BY
Telephone No. Lic. No.
Weld Co. Planning I 0TNIS3ias I.D. 1 - O ` COUNTY 6 2
87O1O3.
•
•yam
Z. Gy ,a L,,. `; .�..
LEFT HAND WATER SUPPLY CORP.
• P.O. PO% 210
• NIWOT, CO 80544
652-2188 443-2036
- ACCT NO. 00003166 MAILED 08/29/86
. SERVICE ADDRI 1767 WLD CO RD 20 1/2
7" • r- •. ' , - ' PRY RDO PRES RDG USAGE
85700 104600 18990 WATR
4' 4,
x FROM TO DAYS
•
07/30 08/28 29 WATER 28. 12
S DUE DATE IF PAID BY DUE DATE 28. 12
` ' 09/25/86 C---> AFTER DUE DATE 29. 53
a
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TD ��!�tig tr��j� �,
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�p CO4
0dev
RICHARD D. LAMM NC JERIS A. DANIELSON
Governor State Engineer
*
*
41876 ►
OFFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOURCES
1313 Sherman Street-Room 818
Denver, Colorado 80203
(303) 866-3581
December 17, 1986
Ms. Debbie DeBesche
Weld County Planning Department
915 10th Street
Greeley, CO 80631
RE: Tull Exemption, SE-276 & RE-915
NWi Sec 16, & NEi Sec. 17, T2N, R68W
Dear Ms. DeBesche:
We have received additional information concerning the above referenced
proposals. We would like to amend our comments, dated August 25, 1986, as
follows:
The water bill submitted indicates that the 12.725 acre tract split
off in SE-276 is being supplied by the Left Hand Water Supply Corporation.
Information available in our files indicates that the water supply company
may have sufficient water available to serve this tract. We can recommend
approval of SE-276 contingent upon obtaining a written commitment for
service from the company.
The remaining proposal, RE-915, would divide the remaining 90.426 acres
into two lots of 61.826 and 28.6 acres. The proposed 61.826 acre lot would
be served by well Permit No. 145838. The well permit was issued as the
only well on a 39.3 acre portion of the 61.826 acre tract. We could issue
an additional household use only well for the proposed 28.6 acre tract.
Since a well permit would be available, we can recommend approval. The
availability of a well permit and our recommendation for approval is subject
to the following conditions:
1. The property has not been previously subdivided or exempted since
1972. We consider this as a one-time exemption and will not make
additional permits available for future splits of either tract.
2. The well permit which will be available will be limited to use
inside one single-family dwelling only. Outside use for lawn apd
garden irrigation or livestock is prohibited. Plat notes and
covenants should reflect this limitation.
Ms. Debbie DeBesche Page 2
December 17, 1986
3. The applicant should provide proof that an evaporative wastewater
system will not be required. We could not issue the well permit
if any evaporative system is required.
4. Prospective lot purchasers should be made aware of the limitations
on water use and other information contained in this letter. We
recommend that a copy of this letter be given to lot purchasers
and submitted with the well permit application.
Please let us know if you have any questions.
Sincerely,
Hal D. Simpson, P.E.
Deputy State Engineer
HDS/JCM:cic
cc: Alan Berryman, Div. Eng.
Steve Lautenschlager
_ _ j 2 _11986
L' \
Wald Co. Planning Cmm�rission
870103
ye;`S-S7! ,'.; ..2"rC":44" txC" .r Y
,'rs
t4gt�°w."f't ilt.; k1i Wy
LIMITED POWER OF ATTORNEY
The undersigned Jesse L. Thomas and Trudence K. Thomas, of
the County of Boulder, State of Colorado, reposing special trust
and confidence in Warren J. Cornelius, of the County of Boulder,
State of Colorado, do hereby appoint the said Warren J. Cornelius
as our attorney in fact for the limited purposes hereinafter
stated.
Our attorney in fact shall all the power which we ourselves
possess to deal with all agencies of the County of Weld, State of
Colorado, concerning that certain Application for Recorded Exemp-
tion submitted to said County by James H. Tull and/or !Tull Cattle
Company and/or Tull Construction Company on or about April 30,
1986, including, but not limited to, investigation, negotiation,
signing of documents and any other acts our attorney in fact
shall deem necessary or advisable to effect such Application.
Further, our atorney in fact shall have all the power which
we ourselves possess and shall be empowered to do all acts which
we ourselves might do if present in person which our attorney in
fact deems necessary or advisable to protect our interests in
certain real property situate in Sections 16 and/or 17 , Township
2 North, Range 68 West of the 6th Principal Meridian, County of
Weld, State of Colorado.
This Limited Power of Attorney shall be effective upon the
date of our signing hereof , and shall expire one year after the
date of our signing hereof.er.er- /2642./.64-(/ /<-2gr-P4Iga/
Jesse L. Thomas rudence K. Thomas
STATE OF COLORADO )
COUNTY OF BOULDER )
The foregoing Limited Pow of Attorney was subscribed and
sworn to before me on the 30 day of June, 1986 by Jesse L.
Thomas and Trudence K. Thomas, who signed the same as their free
and voluntary act for the purposes therein stated.
My commission expires : Gi c70 /9P9
Notary ubli
:ill.;ill el
• SHEET I OF 4
N RECORDED EXEMPTION NO. £/
,
NE COR. SEC. I7
(FOUND#4 REBAR
L W/YELLOW CAP)
i r TRUE PO/NT
1 l 889°20'08"W se9°30'le'W
OF BEGINNING 2'63.51' 327.96'
/N LM[NI%H
1 if SEC.If
S89°28'40"W 1059.39' °
N27°51'0('E
• 136.61'
W
in o w
NIO°20'O0"I
o '° r 11!.46'
0 S
o
SCALE : I11 = 5001 " ° x\r No6217.70'
277.70'
• 500 0 500 A05830E
8 (V�" N29•IO'00"!
WMa MS 1 ``0 P 104.43'
V
N32°34'00"f
? N33°30'00"E I) 169.73'
on d 157.69' - 0 CO
n / ‘1 ti, N29°SI'00.E
P Nap°12'00"E
Q' 192.91'
w 296.14' �� N31.04'00'E
P
214.17'
O�
N89°32'00"W 1323.23' • it A; N39°50'00'1
I 201.91'
°�a°p p ti pale BOOK 924,
e es Di
REC.NO. .91'1846209----if
M UE Op ! ,
w n N`6o0t�60°6'� 00 s' N 30.30'00"E
4111'IPS. 527.03'
W APPROX. EAST BANK OF
LOT 6A" o ,, BOULDER CREEK H44
AREA=61.826 ACRES,+/— ° NIE•z7'oo'f '
o 1.50' zz N50°IO'00"E 187.26' I
;• 711.21'
o N04°49'00"W '
D 131.99'
La
Q o 89°27'00"E
0, r
55.64'
0 o° ° n BOOK 0979,
M e„ , REC. NO. WILD COUNTY
. ?.$ 0, in 01906047R D No. 2ora
__ --- 0
N69Y6'11"W 3161.22 989°4511 E 840.09 N09045 II'W 1314.09'
p E-W CENTERLINE SEC. 17
E1/4 COR.
W1/4 COR. SEC. 171 TEN,
SEC. 17 R68W OF
(FOUND#4 REBAR W/ALUM. THE 6TH P.M.
CAP MARKED" D.B. 8 CO. (FOUND#4
L.S. 17664°) REBAR )
VICINITY MAP ��'
SCALE' I'• 2000'
•
4.4
lo
o ,
IN ACCORDANCE WITH CIS INDIAN ‘ ,
B , 9 IIDTIa ACCORDING TO COLORADO LAW YOU MST COMMENCE ANY LEGAL ACORN MS
UPON ANY DETECT IN THIS SURVEY WITHIN SIX YEARS AFTER 7811 POST IILO%S 9yLT{
,1 ,\ • 16 --- DETECT.IN NO EVENT.MAT ANY ACIgll EASED UPON AMY DETECT NT1*MUM6E Skis'
MENCED MOUE THAN TEN YEARS FROM THE DATE Cl THE CRSTNN:ATI ON WON SOK
jt'
DREXEL, BARBELL do CO.—li6/rN'.
' EHOINEtRa—Eua9ltro6l
.
G I IMO IWM STREET MOULDER,COLORADO S DEN 440
o WELD CO. RD.NQ20S u Au own
.D€ JR►TIR.
e SJG 4/22/87 �W.DEES 484?-43'
Sole Global by Drn•SI NM. - r
,E• I• • S00' W.K.W. IN FOLDER'
SHEET 2 OF 4
rCECORDED EXEMPTION NO.
LEGAL DESCRIPTION ���C� G-
oE1'DO.r9 �'�.s'/r7 - 1
A TRACT OF LAND LOCATED IN THE NW1/4 OF SECTION 16 AND THE N 1/2 OF SECTION 17,
ALL IN T2N, R68W OF THE 6TH P.M. , COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS '
FOLLOWS:
COMMENCING AT THE E1/4 CORNER OF SAID SECTION 17, THENCE N89'45'11 "W, 1314.09 -
FEET ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 17 TO THE SOUTHWEST CORNER OF
THAT TRACT OF LAND CONVEYED TO JAMES M. STRAHAN AND LINDA L. STRAHAN AS DESCRIBED
IN WARRANTY DEED RECORDED IN BOOK 0979 AS RECEPTION NO. 01906047 OF THE RECORDS
OF WELD COUNTY, COLORADO; THENCE NOl 19 00 E, 623.89 FEET ALONG THE WEST LINE OF
THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 0974 AS RECEPTION NO. 01906047 TO A
NORTHWESTERLY CORNER THEREOF; THENCE 589'27'00"E, 1 .50 FEET ALONG THE NORTHERLY
LINE OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 0979 AS RECEPTION NO.
01906047; THENCE NOO 17 00 E, 516.31 FEET; THENCE N53'56'00"E, 580.53 FEET;
THENCE N30'12'00"E, 296.14 FEET; THENCE N33'30'00"E, 157.69 FEET; THENCE
N59'58'30"E, 288.91 FEET; THENCE N11 '10'30"E, 622.69 FEET TO THE TRUE POINT OF
BE ,INNING;
THENCES89'28'40"W, 1059.39 FEET;
THENCE S00'51 '45"W, 1300.05 FEET;
THENCE N89'32'00"W, 1323.23 FEET;
THENCE SO1'14'00"W. 925.64 FEET;
THENCE 550'51 '00"E, 628.59 FEET TO THE EAST-WEST CENTERLINE OF SAID SECTION 17;
THENCE 589'45'11"E, 840.09 FEET ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 17
TO THE SOUTHWEST CORNER OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 0979 AS
RECEPTION NO. 01906047; ,
.
THENCE NO1'19'00"E, 623.89 FEET ALONG THE WEST LINE OF THAT TRACT OF LAND AS
DESCRIBED IN SAID BOOK 0979 AS RECEPTION NO. 01906047 TO A NORTHWESTERLY CORNER
THEREOF;
THE FOLLOWING COURSES AND DISTANCES ARE ALONG THE NORTHERLY LINE OF THAT TRACT OF
LAND AS DESCRIBED IN SAID BOOK 0979 AS RECEPTION NO. 01906047;
THENCE 589'27'00"E, 155.64 FEET;
THENCE N04'49'00"W, 131 .99 FEET;
THENCE N18'06'00"E, 60.22 FEET;
THENCE N50'10'00'E. 78.21 FEET;
THENCE N60'53'00"E. 202.55 FEET;
THENCE S47'14'00"E, 408.84 FEET TO THE WESTERLY LINE OF THAT TRACT OF LAND
CONVEYED TO COTTONWOOD LAND AND FARMS AS DESCRIBED IN WARRANTY DEED RECORDED
IN BOOK 924 AS RECEPTION NO. 1846209 OF THE RECORDS OF WELD COUNTY, COLORADO;
THENCE LEAVING THE NORTHERLY LINE OF THAT TRACT 'OF LAND AS DESCRIBED IN SAID BOOK
- 0979 AS RECEPTION NO. 01906047, THE FOLLOWING COURSES AND DISTANCES ARE ALONG THE
WESTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 924 AS RECEPTION
NO. 1846209;
THENCE 149'27'00"E, 187.26 FEET;
THENCE N30'30'00"E, 527.03 FEET;
THENCE N39'50'00"E, 201 .97 FEET;
THENCE N31 '04'00"E, 214.87 FEET;
THENCE N29'51 100"E, 192.91 FEET;
THENCE N32'34'Od"E, 189.73 FEET;
THENCE N29'10'00"E, 104.43 FEET;
THENCE N08'14'00"E, 277.70 FEET;
THENCE N10'20'00"E. 113.48 FEET;
THENCE N27'51 '00"E, 196.67 FEET TO THE NORTHWEST CORNER OF THAT TRACT OF
LAND AS DESCRIBED IN SAID BOOK 924 AS RECEPTION NO. 1846209 AND THE NORTH
LINE OF THE NW1/4 OF SAID SECTION 16;
THENCE LEAVING THE WESTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK •
E '.924 AS RECEPTION NO. 1846209, S89'30'16"W, 327.96 FEET ALONG THE NORTH LINE OF '�,
THE NW1/4 OF SAID SECTION 16 TO THE NORTHWEST CORNER THEREOF;
THENCE 589'20'08"W, 263.51 FEET TO THE TRUE POINT OF BEGINNING. , �r
'SUBJECT TO A RIGHT-OF-WAY FOR WELD COUNTY ROAD NO. 20-1/2 OVER THE SOUTHERLY
;30.00 FEET OF THE ABOVE DESCRIBED TRACT OF LAND.
`. \\
AREA' _90,476_ACRES, MORE OR I R
SHEET 3 OF 4
RECORDED EXEMPTION NO.
i
_ - - -- .
•
SURVEYOR'S CERTIFICATE
I HEREBY CERTIFY THAT THIS PLAT WAS PREPARED UNDER. - AvIsIoN AND THAT THE
SAME IS CORRECT TO THE BEST OF MY KNOWLEDGE AND�aY 4\`C 4+ t
itlRICHA
COLD ESSIONAL
LANDS . EI
I, JAMES H. TULL, BEING THE SOLE OWNER IN FEE OF THE ABOVE DESCRIBED PROPERTY DO
HEREBY SUBDIVIDE THE SAME AS SHOWN MAP.P.
.(11----
AMES H. TULL
STATE OF COLORADO)SS
COUNTY OFuwnat ) R
THE FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS /s T DAY OF
41 Y A.D. . 1987.
WITNESkAatiAND AND SEAL.
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.117: /-8- 1I ....t.saC- "G.�l���
iffifi
it, 07ARY PUBLIC
s :e' O-p,C,y•. ' 7I1e ` sr Zest Ptio vsgsW 4.40
rU9L`C/ O QAl` c.L.n6Oo Sethi.
o ADDRESS ,�,�
r _
COUNTY COMMISSIONERS' CERTIFICATE R' ! j ``
THE ACCOMPANYIN PLAT IS A EPTED AND APPROVED FOR FILING # (r a"
vs tie V
it.
CH RD OF C NTY ISSIONERS \41:344,
ATTEST: •
COUNTY CLERK
DATE: S/S/2 7 +
NOTES .
1 , BEARINGS ARE REFERRED TO THE EAST-WEST CENTERLINE OF SECTION 17, T2N, R68W
OF THE 6TH P.M. AS BEARING N89.45'11"W.
2, FOUND NO. 4 REBARS WITH ALUMINUM CAPS MARKED "D.B. 8 CO. L.S. 17664" AT ALL
EXTERIOR BOUNDARY CORNERS.
3. THE INSTRUMENT RECORDED IN BOOK 86 AT PAGE 273 ESTABLISHED COUNTY ROAD
RIGHT-OF-WAYS 30 FEET ON EACH SIDE OF ALL SECTION AND TOWNSHIP LINES IN THE
i PUBLIC DOMAIN IN WELD COUNTY IN T2N, R68W OF THE 6TH P.M.
4. THE INSTRUMENT RECORDED IN BOOK 86 AT PAGE 192 GRANTED A RIGHT-OF-WAY TO THE
DENVER, UTAH AND PACIFIC RAILROAD, 100 FEET IN WIDTH, OVER PORTIONS OF THE
NE1/4 OF SECTION 17, T2N, R68W OF THE 6TH P.M. WHICH IS NOT SPECIFICALLY
DESCRIBED AND THEREFORE CANNOT BE SHOWN ON THIS MAP.
5. THE INSTRUMENT RECORDED IN BOOK 25 AT PAGE 62 RESERVED A RIGHT-OF-WAY OVER
PORTIONS OF THE SW1/4 OF THE NE1/4 OF SECTION 17, T2N, R68W OF THE 6TH P.M.
WHICH IS NOT SPECIFICALLY DESCRIBED AND THEREFORE CANNOT BE SHOWN ON THIS •
1�AP.
SHEET 4 OF 4
RECORDED EXEMPTION NO.
AT THE REQUEST OF THE DIVISION OF WATER RESOURCES. THE FOLLOWING CONDITIONS
AND/OR RESTRICTIONS SHALL BE COMPLIED WITH:
A. THE PROPERTY HAS NOT BEEN PREVIOUSLY SUBDIVIDED OR -EXEMPTED SINCE 1972. THE
DIVISION OF WATER RESOURCES WILL NOT MAKE ADDITIONAL PERMITS AVAILABLE FOR
FUTURE SPLITS OF EITHER TRACT.
B. THE WELL PERMIT WHICH WILL BE AVAILABLE WILL BE LIMITED TO USE INSIDE ONE
SINGLE-FAMILY DWELLING ONLY. OUTSIDE USE FOR LAWN AND GARDEN IRRIGATION OR
LIVESTOCK IS PROHIBITED.
C. THE APPLICANT SHOULD PROVIDE PROOF THAT AN EVAPORATIVE WASTEWATER SYSTEM
WILL NOT BE REQUIRED. THE DIVISION OF WATER RESOURCES WILL NOT ISSUE THE
WELL PERMIT IF ANY EVAPORATIVE SYSTEM IS REQUIRED.
Q. PROSPECTIVE LOT PURCHASERS SHOULD BE MADE AWARE OF THE LIMITATIONS ON WATER
USE.
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