HomeMy WebLinkAbout881137.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 1129 - HARLEN SCHULTZ
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. 1129 , does not
come within the purview of the definition of the terms ,
"subdivision" and "subdivided land" , and
WHEREAS, the request for Recorded Exemption No. 1129 was
submitted by Harlen Schultz for property which is located in part
of the W} SW* , Section 7 , Township 4 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 72 acres and 4 acres.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the hereinabove
described parcel of land be, and hereby is, exempt from the
definition of the terms, "subdivision" and "subdivided land" .
BE IT FURTHER RESOLVED by the Board that this approval is
subject to the following conditions:
1 . 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 .
2 . A Weld County Septic Permit is required for the proposed
home septic system and shall be installed according to
the Weld County Individual Sewage Disposal Regulations.
o / .; 881137
Page 2
RE: RE #1129 - SCHULTZ
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 30th day of
November, A.D. , 1988 .
‘2721344BOARD OF COUNTY COMMISSIONERS
ATTEST: 7 Teu�n,a WEL I QOUNT'YY, COLORADO K..
Weld County Clerk and Recorder tJ � k2d.c 4 (AYE)
and Clerk to the Board ene R. Brantner, Chairman
(gyp (AYE)
.----B-Y1 C.W. Kirby, Pro em
eputy County rk
(NAY)
APP VED AS TO FORM: J cqu
(AYE)
C------>---Z/Zia5-54 :22_ G r/ La
County Attorney j� �'f (AYE)
Frank amaguchi
881137
RECORDED EXEMPT/ON NO. 1061 - 07- 3 - RE 112 9
SHEET I OF 2
DATE: MAW' 22, 1990
HARLEN J. SCHULTZ 3 HELEN N. SCHULTZ
0139 WELD COUNTY ROAD 46 -
BER1'HOUD, COLORADO 80513
LEGAL DESCRIPTIQK
A TRACT OF LAND J.00ATED IN THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 4
NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING ALL PARCEL 8 OF
RECORDED EXEMPTION NO. 1061-7-3-RE-609 (BOOK 1003 RECEPTION NUMBER 1935914 )
TOGETHER WITH THAT PART OF THE EAST HALF OF SAID SOUTHWEST QUARTER DESCRIBED IN
BOOK 1258 RECEPTION NUMBER 2207517. ALL IN WELD COUNTY. COLORADO AND AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS'
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 7 AND CONSIDERING THE SOUTH
LINE OF SAID SOUTHWEST QUARTER TO BEAR SOUTH 89'32'00' WEST, WITH ALL OTHER
BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO;
THENCE NORTH 01 '26'45' EAST, •2358.11 FEET ALONG THE WEST LINE OF SAID SOUTHWEST 0\
QUARTER TO THE SOUTHWEST CORNER OF LOT A, RECORDED EXEMPTION NO. 609; (�
THENCE ALONG THE PERIMETER OF SAID LOT A BY THE FOLLOWING 2 COURSES; (ikti`
NORTH 89'57'08' EAST. 570.00 FEET; Q\
NORTH 01 '26'45' EAST. 303.10 FEET. MORE OR LESS. TO A POINT ON THE NORTH
LINE OF SAID SOUTHWEST QUARTER (PREVIOUSLY RECORDED 300.00 FEET ); 021
•
THENCE NORTH 89'38'25' EAST. 664.13 FEET ALONG THE NORTH LINE OF SAID SOUTHWEST
QUARTER TO THE NORTHEAST CORNER OF SAID PARCEL DESCRIBED IN BOOK 1258 RECEPTION
NUMBER 2207517; •
THENCE SOUTH 01 '11 '02' WEST. 2655.43 FEET 70 A POINT ON THE SOUTH LINE OF SAID
SOUTHWEST QUARTER AND TO THE SOUTHEAST CORNER OF AFORESAID PARCEL;
THENCE SOUTH 89.32'00' WEST, 1246.44 FEET TO THE POINT OF BEGINNING;
SAID TRACT OF LAND CONTAINS 71 .670 ACRES, MORE OR LESS.
SURVEYOR'S CERTIFICATE E `
+ (
I HEREBY CERTIFY THAT THIS PLAT AND LEGAL DESCRIPTION WERE PREPARED UNDER,MY •�
PERSO L SUPERVISION ON MA 22. 1990.
r
i
GERALD B. McRAE, PROFESSIONAL ENGINEER AND ' '.. e
LANE) SURVEYOR. COLORADO REG. NO. 6616. / +t
I ( • c , t
OWNERS' CERTIFICATE
DARLEN J..SCHULTZ AND HELEN M. SCHULTZ, BEING THE SOLE OWNERS IN FEE OF
THE ABOVE
PROPERTY DO HERE Y SUBDIVIDE THE SAME AS SHOWN ON THE
�ATTACHED
�MAP'���:/La.L:A
iFar N,416/EN M. San -4
.NOTARIAL CERTIFICATE
...' 'r STATE OF COLORADO )
COUNTY OF WELD )ss
,i.\ti .:.. ..
THE FOREGOING CE TIFICATION WAS ACK1JWLEDGED OEfORE HE THIS ___
* : - ^ DAY OF jtJ A.D., 19 O. WITNESS MY HAND Alit)
.'• 1/ R 1. ' �.:•. SEAL. 1(Y i ON EX►IRES: AA,�,,17W-5144#04)HUTARV PUBLIC
BOARD OF COUNTTY cOHNIssioNERS' CERTIFICATE.'i• iTi��`
THIS T IS ACCEPT AND APP YED FOR FILING. '• ,-
ATTEST: / `S i10 ' •,
12/, BY:C.TYerr. .:,l C4irsJ }: ,��` �,
%4 3
DATE: •--5Iaglg0 90030
_ _ _ _ - _ _..___ •ww• n.L 1..--...• rt. ,. r aL.n.M *nailnni. Mn.__
RECORDED EXEMPT/ON NO. 1061- 07-3 - RE 1129
SHEET 2 OF 2
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Scale: 1"2400' ' e&
E. PINS FOUND �`—� der, ,,...-<\ 1 \
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cap SET 7t42) blvrc LOCATION MAP
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KALE: 1i.2000'
If I W
y N. 89.38'25 E.
IF Lot A of %9 ,1 Gat /j r liar'
RE 609 :I `O '
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0 0 M 2.776 Ac. net'
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1 -- i ___/04e.44. Sel pins on 3O'R.O.W bite (Typ.)
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McRAE & SHORT, INC. 1231 - 8th Avenue Greeley, Colorado 80631 PnoJ. NO. 90030
DEPARTrvIENT OF PLANNING SERVICES
r (\6 11t ioniiii:°
PHONE(303)356-4000 EXT.4100
915 10th 3
�$. GREELEY,COLORADO 80631
WilC.
COLORADO
November 30, 1988
Board of County Commissioners
Weld County Centennial Center
915 Tenth Street
Greeley, CO 80631
Re: Recorded Exemption #1129
Dear Commissioners:
This request for a recorded exemption is submitted by Harlen Schultz. The
parcel of land on which this request is being made is described as part of
the W} of the SW} of Section 7, T4N, R68W of the 6th P.M. , Weld County,
Colorado. The property is located approximately 7 miles west of Johnstown,
north of Weld County Road 46, and east of Weld County Road 1 . The parcel
under consideration is the total contiguous land holdings of the applicant.
The request is to divide a lot of a previously approved recorded exemption
into parcels of 72 acres and 4 acres, more or less. It is the opinion of
the Department of Planning Services' staff that sufficient reasons have not
been given by the applicant to warrant creating an additional lot at this
time. The Department of Planning Services' staff has concerns about the
potential for continued divisions occurring on this property. On May 11 ,
1983, the County Commissioners approved RE-609 . The reasons given by the
applicant during review of RE-609 are identical to those given now.
Approval of an additional lot will create an additional residential building
site. 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.
The staff requests that the Board of County Commissioners consider the
application and determine if the standards of Section 9-2 E. (1) (a) through
(m) have been met.
Respectfully submitted
�I g
rent lanner
BJB:rjg 8811 37
CONDITIONS OF APPROVAL
Harlen Schultz
RE-1129
A Weld County Septic permit is required for the proposed home septic system
and shall be installed according tdt he Weld County Individual Sewage
Disposal Regulations.
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.
881137
FIELD CHECK
FILING NUMBER: RE-1129 DATE OF INSPECTION: November 22, 1938
NAME: Harlen Schultz
REQUEST: Recorded Exemption
LEGAL DESCRIPTION: Part of Lot B of Recorded Exemption #609 located in part
of the W} SWi of Section 7, T4N, R68W of the 6th P.M. ,
Weld County, Colorado.
LOCATION: Approximately 7 miles west of Johnstown; north of Weld County Road
46 and east of Weld County Road 1
LAND USE: N Alfalfa pasture
E Rural residence, farmland
S Weld County Road 46, farmland
W Weld County Road 1, farmland
ZONING: N Agricultrual
E Agricultural
S Agricultural
W Agriculural
COMMENTS:
Existing on the larger lot is a dwelling and accessory structures to the
farm.
The property is planted in alfalfa.
Drainage on the property is in a southerly direction. Access to both lots
would be off of Weld County Road 46 lying to the properties southern
boundaries.
By:
Cur Tanner
881137
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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:
APPL. FEE
CASE NO. -tom r : it1 RECORDING FEE
ZONING DISTRICT A--_,u< RECEIPT NO.
DATE o _ s I - so 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: w I- Sc-y Ste( 7 TyyJ g G8w 6 /2/0,
TOTAL ACREAGE:
Has this property been divided from or had divided from it any other property since
August 30, 1972? Yes $ No
Is this parcel of land under cons tiar_they total contiguous land owned by the
)(applicant? Yes yy�V�^
if:tin
FEE OWNERS OF PROPERTY: �l 0CT 2 8 -
1988
Name:t. SCnivG/ `'
Address:(O/ / 32 I/L✓tLO (77: YP d .CD "Nej"1 G4E.fiinui.CCr`,n Phone: 3 5 )302— 3 ,
Name: /'f7eN AZ 5 cat Gr Z
Address: G / 35 c...GCC) Cr7 / 6 CG Phone: S3?- 35-&.,5"
Name:
Address: Phone:
WATER SOURCE: Larger Parcel L,n% T ltr44,5 A' Smaller Parcel )0f-ore
TYPE OF SEWER: Larger Parcel S%547c Smaller Parcel SF°li c
PROPOSED USE: Larger ParcelAA1P-/'/f%C/n Smaller Parcel gE5/0a,cr
ACREAGE: Larger Parcel Smaller Parcel 4
EXISTING DWELLINGS: (Yes or No) (2. 5 (Yes or No) /YO
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 )
Signature: er or Authorized A nt
Subscribed and sworn to before me this 28thday of October. , 198.
(SEAL)
Notary Public
310 Mountain Ave.
Berthoud, Colorado 80513 My Commission Expires ,Tul y 1 7 19Q 7 881137
The reason for the request for the recorded exemptions is
to build a residence for my partner ( son ) so we can
operate in a more convenient acid economical manner .
The area for requested exemption is now pasture and hard
to irrigate and is on corner of •property that will
not interfere with any of the rest of the farm. There is
road access on south side of property. There are houses
on same side of road and across road from this property .
To my knowledge there is no overlay district .
881137
as
o "722 Recorded at 645.31.6 .M.. ._.__ AU G3 0 _�___.. _
o - 5. LEE HEHE. JR Recorder. o
Reception No..._... ..�... ..._._ ..__.._......_...._._. - -------........ --• ••---- CO
i
THIS DEED, Made this =j 2 th day of August , - - RECORDER'S STAMP
19 74.between' -
`• J. O. PHILPOTT and MINDA M. PHILPOTT, r.; rc-t
husband and wife, -
I - State Docu,Thmentary Fee: •
AUG301974
of the .County of _ Weld and State of Dnte-_-_-�US SD
_0 Colorado,of the first part,and -
,..11..Q. : - .
h HARLEN SCHULTZ and HELEN SCHULTZ
'- e
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NI of the County of and State of Colorado,of the second part:
re WITNESSETH,that the said part y of the first part,for and in consideration of the sum of •
4.4 e --- ** ONE HUNDRED EIGHTY THOUSAND AND NO/100 ** DOLLARS, ' c-..co o to the said part y of the first part in hand paid by the said parties of the second part, the receipt whereof is o0
o
hereby confessed and acknowledged,ha s granted, bargained,sold and conveyed,and by these presents doe s
o 0
grant, bargain,sell, convey and confirm unto the said parties of the second part,their heirs and assigns forever,not o
in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and
being in the County of Weld and State of Colorado, to wit:
F-7 ,
co
Iv-, The West one-half (W1) of the Southwest one-quarter (SWa) E."?'c� of Section 7, Township 4 North, Range 68 West of the 6th
c P.M. , together with four (4) shares of Home Supply Water
Stock, three (3) shares of Handy Ditch Stock, Four (4)
shares of McIntyre Lateral Ditch Company stock, and
sixty (60) acre feet of Grand Lake Water.
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, 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 part y'=''of the first part,either in law or
equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the said
parties of the second part,their heirs and assigns forever.And the said party of the first part,for him—
self ,h1S heirs,executors,and administrators do eS covenant, grant, bargain and agree to and with the
said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these pres-
ents he iS 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 5 good right, full power and lawful authority to grant, bar-
gain, 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 encumbrances of whatever kind or nature soever.
except taxes not payable,agreements,restrictions and reservations of
record,and existing easements, if any;ALSO SUBJECT to Deed of Trust
recorded in Book 643,Reception 1565045,Weld County records,which 1st
party agrees to pay pursuant to the terms thereof;
and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their
heirs and assigns,against all and every person or persons lawfully claiming or to claim the whole or any part thereof,
the said party of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF the said part y of the first part ha s hereunto sethis hand and
seal the day and year first above written.
y ,
r/ Signed,Sealed and Delivered in the Presence of -.j.✓- --•-•- G.' �{ [SEAL]
O. Philpott, usband I
� /f ' - _
•,.,_ _ ,._. �, :.^ :,//
,:.� r.�lbl�� .�.rE :',rte•• .-' __._- ..
Minda M. Philpott, wif
[SEAL]
STATE OF COLORADO,
ss.
County of Larimer
The fore g2itt• �.g.�l�trulgent was acknowledged before me this 28th day of August
1974 ,by' ."- p;c'PhilpOtt and MINDA M. PHILPOTT, husband and wife.
My colappionearrpen /4 ,197tw.Witness my hand and official/f seal.
%0,e\�y.:,� t / 4/ 1 Notary Public.
,If: "I` .:,.....' 4` lilt[[ 881137
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No.921. WARRANTY DEED—Te Joint Tenant..—Bradford Publishing Co.,181446 Stout Street Denver.Colorado-3-78
a1f by natural person or persons here Insert name or names: if by-person acting to representative or official capacity or Cote
a8.0a wav-.[n-fact• then insert name of person as executor, attorney-in-fact or other capacity or description: if by officer of cot-
thenmsert name of ouch officer or officers as the pre dent or other officers of such corporation, naming it—Statutory
s t, 9ca 118-6-1 Colorado Revised Statutes 1963.
mEmoRAn1DU
To Planning Department _ Date _- July 14, 1988 __
COLORADO From Health Protection Services /.A
Subject. I.S.D.S. : SCHULTZ, HARLEN J. Y
OWNER: SCHULTZ, HARLEN J.
ADDRESS: 139 WCR 46, BERTHOUD. CO 80513
LEGAL DESCRIPTION: W2, SW4, SECTION: 07 TOWNSHIP: 04 RANGE: 68
The septic system identified above- xx is, - is not of sufficient size to
accomodate the proposed alterations indicated below to the structure(s) served
by this system. - -
CURRENT FLOW: ADDITIONS: PROPOSED TOTAL:
Persons 4 -2 `2
Bedrooms 3 0 3
Bathrooms 2 0 2
Est. GPD
Permit on Record: NAME SCHULTZ, HARLEN J. NO. G-780095
System Size: TANK 1000 gal. FIELD " .972 sq. ft.
xx However, we cannot certify that the system will function as intended in the
future. If loading changes or malfunctions occur to the system, we- require that
our office be notified so that a review of the system's adequacy be made.
The existing septic system requires the following to accomodate the proposed
alterations to the structure(s) served:
881137
LITTLE THOMPSON WATER DISTRICT
DIRECTORS. Telephone 532-2096
Carey J.Salomonson. 307 Welch Avenue
President
Glenn W Gibson Drawer G
Berthoud Colorado 80513
Lec Baker
Kerb Croonqurst
Tom Reynolds
E.Thomas Ricord
Dean Anderson
MANAGER
John Gruner July 19 , 1988
Mr. Harlan Schultz
0139 Weld County Road 46
Berthoud, CO 80513
Re: Service Commitment
Dear Mr. Schultz :
This letter is in response to your request that the Little
Thompson Water District commit to provide domestic water
service to an additional residence proposed to be located
on the north side of Weld County Road 46 approximately 1/3
mile east of County Line Road.
Further, this property is described as being in Section 7 ,
Township 4N, Range 68 West of the 6th Principal Meridian in
Weld County, CO.
For your information, the District currently has a 6" diameter
water line in the above described location with additional
capacity available . Therefore, we will commit to provide water
service to this proposed residence via a standard 5/8" x 3/4"
residential water tap. This commitment will expire one year
from the date of this letter if a tap has not been purchased and
installed by that date. Also, the current price of a water tap
as described above is $3 , 000 . 00 and is subject to change without
notice.
Should any improvements or line extensions be required to provide
service, they will be done at the expense of the person (s)
requesting service in accordance with the Rules and Regulations
of the District.
If you have any questions , or should you need additional information,
please contact our office.
Sincere ,
Barry Dy e
Operations upervisor
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881137
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ST•TE •F • • • I• I •• • is IF i ING :>EFBIICES
C• •F
The Security Abstract Company of Weld County 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:
The WEST one-half (WI) of the SOUTHWEST one-quarter (SW k) , except
LOT A of Recorded Exemption 1061-7-3-RE-609, Recorded August 4, 1983
in Book 1003 at Reception No. 1935914, of SECTION 7, TOWNSHIP 4 North,
RANGE 68 WEST of the 6th P.M. ,
County of WELD,
State of COLORADO.
I
CONVEYANCES (in none a..-ar so state .
Book 1056 Reception No. 1996991 Book Reception No.
Book Reception No. Book Reception No.
Book Reception No. Book Reception No.
Book Reception No. Book Reception No.
This Certificate is made for the use and benefit of the DEPARTMENT OF PLANNING
SERVICn, OF WELD COUNTY, Colorado.
This Certificate is not to be construed as an Abstract of Title nor an Opinion of
Title, nor a Guarantee of Title, and the liability of The Security Abstract Company
of Weld County is hereby limited to the fee paid for this Certificate.
In Witness Whereof, The Security Abstract Company of Weld County has caused this
Certificate to be signed by its proper officer.
Signed this 16th day of JUNE , A.D. , 1988 , at 7:45 a.m.
THE SECURITY ABSTRACT COMPANY OF WELD COUNTY
( ,A.).67Cd. ;112 fr /1"
AUTHORIZED SIGNATURE
SEAL
881137
REFERRAL LIST
J
APPLICANT: Harlen Schultz CASE NUMBER: RE-1129
SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: November 15, 1988
NO SR NR NO SR NR
County Attorney
✓ ✓ X Weld County Health Dept.
X Engineering Department
County Extension Agent
_ Office of Emergency Mngmt
Ed Herring
State Engineer
Division. of Water Resources
7313 Sherman St. , Room 818
Denver, CO 80203
State Highway Department
P.O. Box 850
Greeley, CC 80632
_ Colorado Department of Health
Water Quality Control Division
4210 East 11th Avenue
Denver, CO 80220
_ City of Greeley Planning Department
1000 10th Street
Creeley, CO 80631
Tri Area Planning Commission
P.O. Box 363
Frederick, CC 80530
_ Historical Society of Colorado
Historic Preservation
State History Museum
1300 Broadway
Denver, CC 80203
N0=No Objection
SR=Specific Recommendations
NR=No Response
881137
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loreWeld County Planning November 15, 19RR
To i Date ..
COLORADO om Health Protection Services j4CCtx/)c{t,,yptcit
Case Number: RE-1129 Name: Schultz, Harlen
Subject:
Health Protection Services has reviewed this proposal and recommends for
approval, subject to the following conditions:
1 . Weld County Septic Permit is required for the proposed home
septic system and shall be installed according to the Weld
County Individual Sewage Disposal Regulations.
HPS/dgc
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