HomeMy WebLinkAbout891118.tiff RESOLUTION
RE: DENIAL OF RECORDED EXEMPTION NO. 1210 - FIRST NATIONAL BANK
IN LOVELAND, TRUSTEE
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, pursuant to its
authority under Section 30-28-101 (10) (d) , CRS, as amended, at a
purblic meeting held in the Chambers of the Board, considered the
request of the First National Bank in Loveland, Trustee, for
Recorded Exemption No. 1210, and
WHEREAS, the request for Recorded Exemption No. 1210 was to
divide property which is located in part of the SE* , Section 8,
Township 7 North, Range 67 West of the 6th P.M. , Weld County,
Colorado, into parcels estimated to be approximately 46 acres and
34 acres, and
WHEREAS, after reviewing the recommendation of the Planning
staff and hearing the testimony presented, the Board determined
that said request shall be denied for the following reasons :
1 . The applicant has failed to show in the submitted
application materials how this request is consistent
with the Weld County Comprehensive Plan and efficient
and orderly development.
2 . The use of the Recorded Exemption would evade the
requirements and Statement of Purposes of the Weld
County Subdivision Regulations.
3 . The level of development and the potential for continued
divisions occurring in the area would not provide for
the health, safety, and welfare of the inhabitants of
the neighborhood and the County.
4 . The applicant has failed to show that one or more of the
Standards and conditions of Section 9-2E. (1) (a) through
(m) have been met.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the request of First
National Bank in Loveland, Trustee, for Recorded Exemption No.
1210 be, and hereby is, denied.
%7 ? /- t c.,• 891118
Page 2
RE: RE #1210 - FIRST NATIONAL BANK IN LOVELAND, TRUSTEE
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 18th day of
October, A.D. , 1989 .
t-
J� ,�j -tAti n/ BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk and Recorder EXCUSED
and Clerk to the Board C.W. rby, C hai a�
BY:_ 144-4f4L2 Gene R. Brantner, Pro-Tem
Deputy County lerk
APPROVED TO FORM: onstance L. Harbert
e , _e sOU
George Ke d ,
County Attorney
Gor •`-
891118
(1 ( DEPAR ,ENT OF PLANNING SERVICES
/ PHONE(303)356-4000 EXT.4400
915 10th STREET
40 to 4mmGREELEY,COLORADO 80631
WII'k
COLORADO
October 18, 1969
Board of County Commissioners , i `_/
Weld County Centennial Complex !V
915 10th Street
Greeley, CO 80631
Subject: Recorded Exemption #1210
Dear Commissioners:
This request for a recorded exemption is submitted by the First National
Bank in Loveland, Trustee. The parcel of land on which this request is
being made is described as part of the the SE} of Section 8, T7N, R67W of
the 6th P.N. , Weld County, Colorado. The property is located north of State
Highway 14 and west of Weld County Road 17, approximately 1 .5 miles east of
the Lorimer County boundary. This request is to divide an 80 acre tract of
land, which is the total contiguous land holdings of the applicant, into two
lots of 46 acres and 34 acres, more or less.
It is the opinion of the Department of Planning Services' staff that this
request should be denied. The applicant has failed to show in the submitted
application materials how this request is consistent with the Weld County
Comprehensive Plan and efficient and orderly development. The guidelines
used to allow a division of an agricultural lot into two separate lots are
outlinod in Agricultural Policy Number 7. The intent of this policy is to:
A. Enable the property owner who is retiring an opportunity to live on or
sell the existing farm improvements;
B. Enable the property owner to sell off agricultural land that is
nonproductive for one single family dwelling homesite; and
C. Enable the property owner to provide a residence for direct members of
the farm family and also for workers employed at the farm.
It is the opinion of the Department of Planning Services' staff that the
recorded exemption process should not be used to clarify property owned in
an employee pension trust.
d 9 we
Board of County Commissioners
RE-1210
Page 2
The use of the recorded exemption process in this case attempts to evade the
Weld County Subdivision Regulations requirements and Statement of Purposes.
This 80-acre parcel was conveyed to the First National Bank in Loveland, as
Trustee, by John A. May, on June 2, 1989. On May 17, 1989, Recorded
Exemption #1153 was approved for Mr. May on the 80-acre parcel immediately
north of the parcel in question. Recorded Exemption #1153 as approved in
May, created a 45 acre parcel and a 34.8 acre parcel in this quarter
section. The staff has concerns about the level of development and the
potential for continued divisions occurring in this area and on the larger
sized parcels.
On May 17, 1989, Mr. May also recorded a Declaration of Protective Covenants
and Building Restrictions for this quarter section and for part of the SE}
of this section. The covenants contain use restrictions (no feedlots or hog
farms) , minimum square footage requirements for residences, improvement
quality restrictions, offset requirements, and other regulations normally
associated with a subdivision. It is the opinion of the Department of
Planning Services' staff that a large lot subdivision is being created in
this area without formal application or review.
The Department of Planning Services' 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.
Sincerely,
CYO--w9L{i
Lanell J. Curry
Current Planner
LJC:dn
891118
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2181408 • B 1234 REC 02181408 06/02/89 11 - ^ 8 $6 . 00 1/002
do F 0611 .ARY ANN FEUERSTEIN CLERK RECORDER WELD CO, CO.
•
QUIT CLAIM DEED
THIS DEED, Made this 30th day of May . I9 89.
between
JOHN A. MAY
ii
11 of the County of Boulder . and State of
Colorado, grantor(s), and •
FIRST NATIONAL BANK IN LOVELAND, TRUSTEE
•
whose legal address is 200 East 7th Street
Loveland, Colorado 80537
of the County of LAR IMER and State of Colorado, graniec(s),
• WITNESSETH,That the grantor(s), for and in consideration of the sum of
--TEN DOLLARS ( $10 . 00 ) and other valuable considerations DOLLARS
the receipt and sufficiency of which is hereby acknowledged,ha remised,released,sold,conveyed and QUIT CLAIMED,and by
these presents dies remise, release, sell, convey and QUIT CLAIM unto the grantee(s), i tS heirs, successors and assigns,
forever, all the right, title, interest, claim and demand which the grantor(s) has in and to the real property, together with
improvements,if any,situate. lying and being in the County of weld and State of
Colorado. described as follows:
•
See attached Exhibit A
•
•
•
•
•
•
also known by street and number as:
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in
• anywise thereunto appertaining,and all the estate,right,title, interest and claim whatsoever,of the gramor(s),either in law or equity,to
the only proper use. benefit and hehoof of the grantec(s), its heirs and assigns forever.
IN WITNESS WHEREOF. The grantors) has executed this deed on the date set forth above.
:741(
•
•
• STATE OF COLORADO,
ss.
County of LARIMER
•
The foregoing instrument was acknowledged before me this 30th day of May , 19 89,
by John A. May
•
My commission expires April 7 , , I9 9 3 . Witness my hand and official seal.
•
P \
ie\��� •
Noiarquhlic
EEOERREIS S
•If in Denvej. "City and,"1 Qi tic
Ili i A
._- 'k4lFOF CO "
No,933,RIP,;4$5, QUIT C, "`'. . lirsdfnrd ILMi+hinp,5M5 W.nth Ave.,Lakewood,CO NIi71d— (303),11w)(X) • ,3.85
891118
B 1234 REC C 81408 06/02/89 11 : 48 6 . 00 2/002
F 0614 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
.
•
EXHIBIT A
•
•
•
•
, I
LEGAL DESCRIPTION FOR 80.00± PARCEL •
That portion of the Southeast Quarter of Section 8, Township 7 North, Range 67 West
•
of the 6th Principal Meridian, Weld County, Colorado being more particularly described
as follows:
Considering the Last line of the Southeast. Quarter of said Section 8 as bearing South
00°14'44" West and with all 'bearings contained herein relative thereto: Beginning at
the East One-Quarter Corner of said Section 8; thence along said East line of the
Southeast Quarter South 00°14 '44" West 1240.00 feet to the True Point of Beginning;
thence continuing along said East line of the Southeast Quarter South 00°14'44" West
1405.00 feet to the Southeast Corner of said Section 8; thence along the South line
of the Southeast Quarter of said Section 8 South 89°45 '49" West 2168.46 feet; thence
North 00°06'51" East 466.69 feet; thence South 89°45 '49" West 466.69 feet to the North-
SotFth centerline of said Section 8; thence along said North-South centerline North
00°06'51" East 938.29 feet; thence North 89°45 '29" East 2638.37 feet to the True Point
of Beginning. Said described parcel contains 80.01 Acres, more or less, and is subject :
to Colorado State Highway No. 14 Right of Way along the Southerly line of described
parcel and Weld County Road Right of Way along the Easterly line of described•parcel,
and any other easements or rights of way of record.
•
•
•
•
•
•
by John A. May
My commission expires April 7 , , 19 9 3 . Witness my hand and official seal.
=gip\Y PUB\\‘se,p / l •
KEW
Noar
Aublic
REQERREIS •
'If in Deny! "Lit es it
1�'• y and." C:40
.0k 4k,‘","
VV
%t OF CD
No,933. R,','.3- f Q s. C, t%\\\,._- 891119
Bradford ILhliehin�;,MOMO .foil'Ave l:dc..voxi,CO 5021,1—.qap],L).M1'IINI N$
affiliated
First National Bank
Post Office Box 29
Loveland,Colorado 80537
303/667-3443
July 28, 1989
Mr. Larry Intermill
Intermill Land Surveying, Inc.
1301 North Cleveland Avenue
Loveland, Colorado 80537
Re: Big Sky Partnership
Dear Larry:
Under deed dated May 30 , 1989 , and recorded June 2 , 1989 , in Book
1234 at Page 613, Weld County records (copy enclosed) , John A. May
conveyed 80 . 01 acres to this bank as Trustee.
After reviewing the circumstances, the above tract should be
divided into separate tracts . The reason is that the funds to acquire
the above 80 . 01 acres came from two separate and independent employee
benefit plans . In order to properly describe what each plan owns and
to account to the beneficiaries of each plan, it is necessary that
there be two separate tracts.
After reviewing the property, we believe that the southerly
portion along highway 14 has more value per acre than the northerly
portion. A fair division for the property would be to have a southerly
tract of about 34 acres and a northerly tract of about 46 acres .
If you feel that the above division would be fair, please complete
a survey of the tracts and obtain necessary approvals to have them
designated as separate tracts .
Thank you for your cooperation.
Very truly yours,
CJ'r-l•'`'A�y�
Morrison L. Heth
Executive Vice President and
Trust Officer
MLH/kt
Enclosure
891118
TO WHOM IT MAY CONCERN:
1 . The purpose of dividing this property is to clarify
ownership in response to a requirement by the First
National Bank in Loveland. This parcel is owned jointly by
two pension trusts administered through the First National
Bank in Loveland, Colorado. Due to problems in the combined
ownership arrangement with- liability and allocating specific
ownership percentages to the individual participants in each
of the two separate trusts, the Bank is requiring that each
trust own its own parcel separate and distinct from each
other.
2. The proposal is consistent with the policies of the Weld
County Comprehensive plan in that the uses and nature of the
land will not be changed by this process. The land in
question is now zoned agriculture and shall remain a primary
agriculture use, thus insuring the proposal is consistent
with the intent of the zone district in which the subject
property is located.
3 . Uses that will be permitted are limited to those
permitted by the County agriculture zoning ordinance which
includes crop, pasture and limited animal husbandry. This is
compatible with existing surrounding land uses as these are
presently engaged in the same uses .
4 . The uses permitted will be compatible with the future
development of the surrounding area as permitted by the
existing zone and' with future development as projected by the
comprehensive plan of the County.
5. This proposal will not be inconsistent with efficient
and orderly development as nothing will change except
ownership of property and possible residential development
compatible with existing Weld County Zoning Regulations .
6 . The sewage disposal method would be a septic system. A
domestic water tap is available on subject property by way of
County Rd. #17 .
7. The lots will be accessible from either or both Weld
County Road #17 and from State Highway 14 .
8 . The two lots created will be much larger than one acre
in size. They are not part of any previous recorded
exemption approved within less than five (5) years previous.
Nor are they a part of a subdivision or of a minor
subdivision.
9 . The property under consideration does not lie in a flood
plain, geologic hazard or Weld County Airport Overlay
District .
891116
APPLICATION FOR RECORDED EXEMPTION
PHONE: 356-4000, Ext. 4400
Department of Planning Services, 915 10th Street, Greeley, Colorado 80631
FOR PLANNING DEPARTMENT USE ONLY: QC /,
APPL. FEE 73 17096
CASE NO. RECORDING FEE
ZONING DISTRICT RECEIPT NO.
DATE APPL. CHECKED BY
TO BE COMPLETED BY APPLICANT: (Print or type only except for required
signatures)
I (we) , the undersigned hereby request that the following described property be
designated a recorded exemption by the Weld County Board of County Commissioners.
LEGAL DESCRIPTION:
et 5O-I g-
TOTAL ACREAGE: 80.04
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 consideration the total contiguous land owned by the
applicant? Yes X No
FEE OWNERS OF PROPERTY:
Name: First National Bank in Loveland Trustee
Address: 7th & Lincoln. Lo-land, CO 80597 Phone: 667-3443
Name:
C o
Address: Phone: F
Ea
Name: '
J
Address: Phone: li :o
Nbrth I 1
Parcel Weld County if +
VD
WATER SOURCE: Larger
applirahle Smaller Parcel n
septic
TYPE OF SEWER: Larger Parcel if anplirahlp Smaller Parcel same C::::::7)
PROPOSED USE: Larger Parcel Agriculture Smaller Parcel Agriculture
ACREAGE: Larger Parcel 46.02 Smaller Parcel 34.02
EXISTING DWELLINGS: (Yes or No) No (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.
LARIMER First National Bank in Loveland, Trustee
COUNTY OF > )
STATE OF COLORADO ) By: / �UY1 V: ^�
of
Signature: Owner or Authorized Agent
Morrison L. Heth, Executive Vice President and Trust Officer
Subscribed and sworn to before me this 8th day of September , 1989 .
(Li2 )
4 C (ails
tk 4 Ntar PubliMy Comml � ' sf") ► Y -11 \ t\
891118
FIELD CHECK
FILING NUMBER: RE-121O DATE OF INSPECTION: September 29, 1989
NAME: First National Bank in Loveland - Trustee
REQUEST: Recorded Exemption
LEGAL DESCRIPTION: Part of the SE} of Section 8, T7N, R67W of the 6th P.M. ,
Weld County, Colorado
LOCATION: North of Highway 14, west of Weld County Road 17.
LAND USE: N One residence, agricultural production
E Weld County Road 17, nonproductive tarmground, hay
S Highway 14, 1 residence, large water storage tank,
agricultural production
W Agricultural production
ZONING: N A (Agricultural)
E A (Agricultural)
S A (Agricultural)
W A (Agricultural)
COMMENTS:
Access to these proposed parcels is possible from Weld County Road 17, a
gravel road, although the northern parcels is substantially lower than the
road. A cement ditch parallels Weld County Road 17 on the west.
These parcels are currently in corn and slope toward the south.
BY
n11 J. Cr
Current Pla ner
891118
RECORDED EX 'MPTION N0.
SITUATE IN THE SOUTHEAST QUARTER OF SECTION El/4
8 , TOWNSHIP• 7 NORTH , RANGE 67 WEST OF THE 6TH fr Sec. 8
PRINCIPAL MERIDIAN , WELD COUNTY , COLORADO I
o
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/ SEPT. 8, 1989 • ci m
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N N
W Z
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N89° 45/49°E 2638.37' JW 0•
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466.69' it
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466.69 2 It 0 It
Colo. Stale Hwy. 14 R.O.W. / \-
S. I/4 / S 89°45'49'I W . 2168.46' / SE COR.-
Sec. 8 C S. LINE SE I/4 SEC. 8 COW. STATE HWY. 14 J Se 6
1
Lot 'A' - 46.02k AC.
Lot 'B' - 34.022AC.
TOTAL - 80.04t AC.
LOCATION MAP I"=2000'il,il
I
�e
=ate °
8 *.....„,.. ;\
TE °Li 5
a.. 5/ 11�4
•',.�V ��or�� INTERMILL LAND SURVEYING, INC.
' I 'C0L0 ST. HWYt4 �� dew 1301 North Cleveland Avenue
1, 5° m y' LOVELAND, COLORADO 80537
r.,' • ,! ) \\ 21;11,\•• (303) 669.0516
According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you
first discover such defect. In no event, may any action based upon any defect in this survey be commenced more than ten years
from the date of the certification shown hereon. p
SHEET I OF 2 891118 P-89-1431
------__---...._---- R.G.P
RECORDED EXE' 1PTION NO. _
That portion of the Southeast Quarter of Section 8, Township 7 North, Range 67 West
of the 6th Principal Meridian, Weld County, Colorado being more particularly described
as follows:
Considering the East line of the Southeast Quarter of said Section 8 as bearing South
00°14'44" West and with all bearings contained herein relative thereto: Beginning at
the East One-Quarter Corner of said Section 8; thence along said East line of the
Southeast Quarter South 00°14'44" West 1240.00 feet to the True Point of Beginning;
thence continuing along said East line of the Southeast Quarter South 00°14'44" West
1405.00 feet to the Southeast Corner of said Section 8; thence along the South line
of the Southeast Quarter of said Section 8 South 89°45'49" West 2168.46 feet; thence
North 00°06'51" East 466.69 feet; thence South 89°45'49" West 466.69 feet to the North-
South centerline of said Section 8; thence along said North-South centerline North
00°06'51" East 938.29 feet; thence North 89°45 '29" East 2638.37 feet to the True Point
of Beginning. Said described parcel contains 80.04 Acres, more or less, and is subject
to Colorado State Highway No. 14 Right of Way along the Southerly line of described
parcel and Weld County Road Right of Way along the Easterly line of described parcel,
and any other easements or rights of way of record.
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 .
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 .
The foregoing certification was acknowledged before me this
day of A. D. , 19
My Commission Expires :
Notary Public :
Witness my Hand and Seal
The accompanying plat is accepted and approved for filing .
Department of Planning Services Director
The foregoing certification was acknowledged before me this day
of , A.D. , 19
My Commission expires:
Notary Public:
•
Witness my hand and Seal
t
INTERMILL LAND SURVEYING, INC.
1301 North Cleveland Avenue
LOVELAND, COLORADO 80537
(303) 669.0516
According to Colorado law 891118
you must commence any legal action based upon any defect in this survey within three years after you
first discover such defect. In no event, may any action based upon any defect in this survey from the date of the certification shown hereon. Y be tomnenced more than ten years
SHEET 2 OF 2 SEPT. 8 , I989 P - 89- 1431
R.G.P.
RECORDED EXEMPTION NO, 0705 - 08 - 4 - REI153
SITUATE IN THE SOUTHEAST QUARTER AND THE SOUTHWEST
QUARTER OF SECTION 8 , TOWNSHIP 7 NORTH , RANGE 67 WEST
OF THE 6TH PRINCIPAL MERIDIAN , WELD COUNTY , COLORADO .
.--;%1_,E..)44:: S000O
)NV c,8c.;5 B 1232 REC 02179897 05/17/89 15 : 01 $6 . 00 1/002
F 1772 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
C TR. COR. E. I/4
Sec.B E-W CENTERLINE SEC. 8 -,
(J(/ COR.
/
N 89°48'21"E 2684. 71' Sec.B
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243.50 t-- 2641,21, I Cl"
W
6.39' W. 01 CTR C0R. \ v
h i
tzt K • Centerline of I0�wld. LOT 'A ' a I-` W
O o Irrigation Easement O to
CO P N 45.251 AC. = Ie o z
O w N J
X 3I cl IK I 4i
� inl 5 B9°45'49"W 2460.00' U• I O 0
C: � ol ��v
25.65`I I S44°31'46'W J P
l 236.76' 3 I P
W - LOT '81 WI IRRIGATION EASE, Wo p
I �
Nom e ;° 34. , , AC. N
'O . N O O)
3 Lei
(12'
re) 30,
v3CO 3 2 - ��
h 10 M ` 5 89°45'49°W 2638.37'
in.." iv1
o O i
too u �'N 00°06SIsE 500°14144"W.....--r
1404.96'
v1
h ^ ro 1405.00'
H 1-
(1,
_ 5 89°45'49'W 2635.15'
1 S. 1/4 COR. S.LINE SE 1/4 sec.El ISE COR.
w Sec. 8 Sec. B
tim
tuuNv
COW LOT 'A' = 45. 251 AC. i\
z:.-, LOT '8 ' = 34. 76'2 AC.
TOTAL = 80. 01# AC:
ICINITY MAP I"= 2000'
,. 1 0 � 1V
,,,i,,\N_
.,) . n
i--iii.
(
: Z.:A_� ^� SITE \, t".2400'
APRIL 4 , 1989
l `!1'. \ ' cc
S/°n LOX A' ' I
-` y
3 a'
iN 821.11/3
'�.•
2) ,`\ I' I SHEET I OF 2
c , SOLO. STATE`NW ., NO. I4 tim
' MIFF InA II I I At fl Cllflll[vflin tun
BOARD OF DIRECTORS , rT'1"y •
' --
r;S:r4� NORTH WELD COUNTY WATER DISTRICT
ERNESTTXIOES w
ALEX HEIDENREICH
ROBERT MARE `trig,
ARY G Sawsons ' ,• • HIGHWAY 85 LUCERNE.COLORADO 80848
W.M.MCKAY ,-�,' y _:_-,rr, LVLENELSON.MGR.
it•c —- P.O.BOX 58 - PHONE 358.3020
September 14, 1989
RE: Water Service - 1St National Bank of Loveland , Trustee
Dear Sirs,
•
•
This letter is in response .to your inquiry regarding water service• to the following described property:
• .
1S 1/2 of SE 1/4 Sec. 8-7-67
t( 1 Parcel 34 Acres)
i
1. Water service is presently 'being provided to the above
• described property.
•
` 2. x Water service can be made available to the above
': described property provided all requirements of the
District are satisfied.
'r ` If contracts have not been consumated with North: Weld County Water
IA, District within one year from date of this letter, this letter shall •
become null and void.
y.,I• • Additional comments:
t'2 .
F:. •
fl,- ,•
, Sincerely,
•
NORTH WELD COUNTY WATER DISTRICT
•
•
Ly D. Nelson, Manager •
LDN/wb
1 AI• .SEP 2 1 1989 ' j
Wwl i Ct. "u.,,r;.,, .
•
•
891118
BOARD OF DIRECTORS , .r'.' --,
ERNESTTXKiES ' �=-�'=° �. - NORTH WELD COUNTY WATER. DISTRICT
ALEX HEIDENREICH �,y�
ROBERT AUCMIE ,,." - c
GARY 81MP8pN 1 V/ HIGHWAY 85 LUCERNE,COLORADO 80848
W.M.McKAV ,•�,I :'' �► LYLE NELSON,MGR.
At'__= ' P.O.BOX 56 • PHONE 358-3020
•
September 14, 1989
RE: Water Service _ 1St National Bank of Loveland
Trustee
Dear Sirs,
.
This letter is in response to your inquiry regarding water service
to the following described property:
S; 1/2 of SE 1/4 Sec. 8-7-67
( 1 Parcel 46 Acres. )
•
Z. - •
1. Water service is presently being provided to the above
described property.
2. X Water service can be made available to the above
described property provided all requirements of the
District are satisfied,
i` If contracts have not been consumated with North: Weld County Water
District within one year from date of this letter, this letter shall •
become null and void.
r I
I '• Additional comments: •
Sincerely, '
NORTH WELD COUNTY WATER DISTRICT •
Ly D. Nelson, Manager
LDN/wb
•
•
r-Fy�I -- -�
51
I I! SEP 2 i 1989 J[ i
•
•
*A CIi (u,, . . . .
• 891118
REFERRAL LIST
NAME: First National Bank in Loveland, Trustee CASE NUMBER: RE-121O
REFERRALS SENT: September 21, 1989 REFERRALS TO BE RECEIVED BY: October 5, 1989
COUNTY TOWNS and CITIES
Attorney Ault_
X Health Department _Brighton
_Extension Service Dacono
_Emergency Management Office Eaton
_
_Sheriff's Office _Erie
_Engineering Evans
_
Housing Authority _Firestone
_Airport Authority Fort Lupton
_
_Building Inspection Frederick
_
_Garden City
STATE Gilcrest
_Division of Water Resources _Greeley
Geological Survey Grover_
_Department of Health Hudson
_
' X Highway Department _Johnstown
_Historical Society Keenesburg
Water Conservation Board _Kersey
_Oil and Gas Conservation Commission La Salle
_Lochbuie_
FIRE DISTRICTS _Longmont
_Ault F-1 Mead
Berthoud F-2 Milliken
_ _
_ _
Brighton F-3 New Raymer
_Dacono F-19 Nunn
_
_Eaton F-4 _Platteville
_Fort Lupton F-5 Severance /(,
—Hudson
F-6 // X Windsor /LA" --� c -'
_Hudson F-7
_Johnstown F-8 COUNTIES
La Salle F-9 _Adams
_Longmont F-10 Boulder
_Milliken F-11 X Larimer
_Nunn F-12
_Pawnee
_Platteville F-13 FEDERAL GOVERNMENT AGENCIES
_Platte Valley F-14 _US Army Corp of Engineers
_Poudre Valley F-15 _USDA-APHIS Veterinary Service
_Raymer _Federal Aviation Administration
Southeast Weld F-16
_ Federal Communication Commission
_
Windsor/Severance F-17
Wiggins F-18
Western Hills F-20 SOIL CONSERVATION DISTRICTS
_Brighton
OTHER Fort Collins
_Central Colo. Water Conservancy Dist. Greeley
Panhandle Eastern Pipe Line Co. _Longmont
_Tri-Area Planning Commission West Adams
COMMISSION/BOARD MEMBER
991118
‘.tictal; MEMORAnDU
Weld County Planning September 29, 1989
To Date Pagn
COLORADO From Environmental Protection Services
Case Number: RE-1210 Name: First National Bank in
Subject:
Loveland
Environmental Protection Services has reviewed this proposal and recommends
for approval, subject to the following conditions:
1. Weld County Septic Permit is required for the proposed home septic
system and shall be installed according to the Weld County
Individual Sewage Disposal Regulations.
2. An ISDS Evaluation on all existing septic systems will be necessary
prior to issuing the required septic permits on the existing
systems.
WP217/dgc
7
OCT2 1989
821.118 �' �._ _
STATE OF COLORADO
DIVISION OF HIGHWAYS ,.-•^
ft 'Vs
P.O. Box 850 ,
Greeley, Colorado 80632-0850
(303) 353-1232 i, g=
October 3, 1989
Weld Co. , S.H. 14
First National/Loveland
Exemption
N.W. Cor. S.H. 14 &
Co. Rd. 17
DOH File 45100
Ms. Lanell J. Curry
Department of Planning Services
Weld County
915 Tenth Street
Greeley, Colorado 80631
Dear Ms. Curry:
We have reviewed the First National Bank in Loveland Exemption Request,
and we have the following comments:
1. Projected traffic on State Highway 14 indicates the need for a
150-foot total right of way, 75 feet each side of the highway center-
line. Since the existing width along this property is 61 to 67
feet north of the centerline, additional width to meet the projected
need should be protected by reservation or, preferably, dedication,
as permitted by County regulations.
2. The proposed subdivision will result in two lots, "A" and "B".
Access to Lot A will be through the right of way designated for
Weld County Road 17. Access to Lot B may also be through the right
of way for County Road 17. At the present time, a single field
approach exists on State Highway 14 that allows access to Lot B.
No additional accesses will be allowed to State Highway 14.
Thank you for the opportunity to review this Exemption Request. Please
contact me at 350-2168 if you have any questions.
Very truly yours,
DOUGLAS D. RAMES
DISTRICT ENGINEER
OA_get L{ / , ' d ciwn-z
Wallace R. cobson
WRJ:smw Development Planning/ ccess Coordinator
cc: L.D. Yost
Area Foreman 71 File: Jacobson via Crier s "1'' I11
II,�" O C T 5 1989
891118
Nolo Co. Planning C6mmisslOD
DEPARTMENT OF PLANNING SERVICES
(41. ( PHONE(303)356-4000 EXT.4400
41 915 10th STREET
Il 4111, GREELEY,COLORADO 80631
C. CASE NUMBER -RE 1210
COLORADO
September 21, 1989
TO WHOM IT MAY CONCERN:
Enclosed is an application from First National Bank in Loveland, Trustee,
for a recorded exemption. The parcel of land is described as part of the
SE} of Section 8, T7N, R67W of the 6th P.M. , Weld County, Colorado. The
location of the parcel of land for which this application has been submitted
is north of Highway 14, west of Weld County Road 17.
This application is submitted to you for review and recommendation. Any
comments or recommendation you consider relevant to this request would be
appreciated. Your prompt reply will help to facilitate the processing of
the application and will ensure prompt consideration of your recommendation.
Please reply by October 5, 1969, so that we may give full consideration to
your recommendation. Please call Lanell J. Curry, Current Planner, if you
have any questions about the application.
Check the appropriate boxes below and return to our address listed above.
1. We have reviewed this request and find that it
does/does not) comply with our Comprehensive Plan for the
o following reasons.
t
' ® -q2
--i
C7 S21�
3
L 1 We do not have a Comprehensive Plan, but we feel this request
`, .. ,__, I-----
1 (1.9/19 not) compatible with the interests of our
! � town for the following reasons:
I
{ ✓ We have reviewed the request and find no conflicts with our
interests.
4. A formal recommendation is under consideration and will be
submitted to you prior to:
5. Please refer to the enclosed letter.
Signed: ?#..7.2_.e.46.6:rt, Agency ✓,�i_%/-�heitai
Date: /0 - //- 17 /f
83 1.118
DEPARTMENT OF PLANNING SERVICES
PHONE(303)356.4000 EXT.4400
t‘o
915 10th STREET
rll GREELEY,COLORADO 80631
• CASE NUMBER RE-1210
COLORADO
Cm r�
1.7771
September 21, 1989 /0 1
TO WHOM IT MAY CONCERN:
Weld Ce. °"•=... _ Ests:tus
Enclosed is an application from First National Bank in Loveland, Trustee,
for a recorded exemption. The parcel of land is described as part of the
SE} of Section 8, T7N, R67W of the 6th P.M. , Weld County, Colorado. The
location of the parcel of land for which this application has been submitted
is north of Highway 14, west of Weld County Road 17.
This application is submitted to you for review and recommendation. Any
comments or recommendation you consider relevant to this request would be
appreciated. Your prompt reply will help to facilitate the processing of
the application and will ensure prompt consideration of your recommendation.
Please reply by October 5, 1989, so that we may give full consideration to
your recommendation. Please call Lanell J. Curry, Current Planner, if you
have any questions about the application.
Check the appropriate boxes below and return to our address listed above.
1. We have reviewed this request and find that it
does/does not) comply with our Comprehensive Plan for the
following reasons.
2. We do not have a Comprehensive Plan, but we feel this request
(is/is not) compatible with the interests of our
town for the following reasons:
3. A We have reviewed the request and find no conflicts with our
interests.
4. A formal recommendation is under consideration and will be
submitted to you prior to:
5. Please refer to the enclosed letter.
Signed: Z2( ,4,(ece- Agency: L44anc coo.,-Y �l rn ' or m.
Date: 2- G
SSe7ofi s3 9
911.18
rtifiel . DEPART"ENT OF PLANNING SERVICES
PHONE(303)356-4000 EXT.4400
14
y 915 10th STREET
GREELEY,COLORADO 80631
Wilk
COLORADO
October 12, 1989
First National Bank in Loveland, Trustee
7th and Lincoln
Loveland, CO 80537
Subject: kE-1210 - Request for a recorded exemption on a parcel of land
described as part of the SE$ of Section 8, T7N, R67W of the 6th
P.M. , Weld County, Colorado.
Dear Sirs:
I have scheduled a meeting with the Board of County Commissioners on
Wednesday, October 18, 1989, at 9:00 a.m. to consider your application.
This meeting will take place in the County Commissioners' Hearing Room,
first floor, Weld County Centennial Center, 915 Tenth Street, Greeley,
Colorado. It is recommended that you or a representative be in attendance
to answer any questions the Board of County Commissioners might have with
respect to your application.
The Department of Planning Services' staff will make a recommendation
concerning this application to the Board of County Commissioners. It is the
responsibility of the applicant to call the Department of Planning Services'
office a few days before the date of the Commissioners' hearing to obtain
the recommendation.
If you have any questions concerning this matter, please feel free to call
me.
Respectfully,
otL.,tad 6,c-tilt
Lanell J. Curry
Current Planner
pc Larry Intermill
1301 North Cleveland Avenue
Loveland, CO 80537
891118
DEPART' TNT OF PLANNING SERVICES
1�
PHONE(303)356-4000 EXT.4400
\04/11 tzt . 915 10th STREET
GREELEY,COLORADO 80631
C.
COLORADO
September 21, 1989
Morrison L. Heth
First National Bank in Loveland, Trustee
7th and Lincoln
Loveland, CO 80537
Subject: RE-1210
Dear Mr. Heth:
Your recorded exemption application is complete and in order and will be
processed on or before October 12, 1989. If it is determined that the
application meets the approval criteria of Section 9-2 E. (1) (a) through
(m) of the Weld County Subdivision Regulations, you will be notified that
the recorded exemption is approved. If the staff determines that the
application does not meet the approval criteria, you will be notified and
asked to appear before the Board of County Commissioners at a public
hearing. You will be informed of the hearing date prior to the hearing.
The Board of County Commissioners will then consider your application and
make a final decision on the recorded exemption.
It is the policy of Weld County to refer an application of this nature to
any town or municipality lying within three miles of the property in
question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our
office has forwarded a copy of the submitted materials to the Windsor
Planning Commission for its review and comments. Please call Janet Lathrop
at 686-7476 for further details regarding the date, time, and place of this
meeting. It is recommended that you and/or a representative be in
attendance at the Windsor Planning Commission meeting to answer any
questions the Commission members may have with respect to your application.
If you have any questions concerning this matter, please feel free to call
me.
Respectfully,
(11:7126-"421C9- 6A7
Lanell J. Curry
Current Planner
LJC:rjg 891118
•
• B 1232 REC 02179850 05/17/89 10:43 $9.00 1/003
F 1690 MARY ANN FEUERSTEIN CLERK E. RECORDER WELD CO, CO
Y AR2179850
DECLARATION OF PROTECTIVE COVENANTS - i .
AND BUILDING RESTRICTIONS
#
4z3 1 THE UNDERSIGNED, JOHN A. MAY, being the owner of the real , .
i , ', property-situate in the county of Weld, State of Colorado, to � ...
�t a 1 t wit: I
As described on Exhibit A, attached hereto and t I
; p a., . incorporated herein by reference. pp
Ot �„ does hereby establish the following protective covenants and I ,.:
a building restrictions for the benefit and protection of said
₹ + land, and for use of every person who may hereafter acquire h
xA l ownership therein as follows:
Ai
to r , " 4. 1. No commercial feed lots or hog farms shall be permitted.
', ` €;, 2. Any residence constructed shall have a minimum floor
+ area for living space of 1200 sq. ft. or more in the first
$ '', x. floor, exclusive of garages and patios. This provision shall
not apply for servants quarters or guest houses built and ' �{ x3`x3` } s used in conjunction with the principal residence. No
' " zzr ! residence shall be constructed or maintained on an area of
t „„ less than two and one-half acres.
I' av111“4"°'a
r _ 3. All buildings and improvements erected or placed on said
, ,`t property shall be of new construction with first class
` ; t , ', ''r workmanship and quality material used in all phases of
3rd ° i construction.
4. No mobile home, basement, tent, or shack at any time `.
shall be used as a residence temporarily or permanently, nor
Mf, ��' ' * shall any structure of a temporary character be used as a
t a "- ° residence. Modular homes, consistent with paragraph 92
above, placed upon a permanent foundation and landscaped in ,, .,
.4 % 44 ce harmony with the surroundings are permitted. k j `
7 al
,, 5. No noxious or offensive activity shall be carried on
`, upon any property, nor may anything be done which may be or
z : a' may become an annoyance to the neighborhood. No land shall
f
gq `f... . be used for dumping ground for trash, rubbish or other waste.
All property and premises shall be kept in a clean and
sanitary condition at all times.
Y rft
.: I iN 3:.,
� ` :� : 6. There shall be no unenclosed storage of inoperable rF. � i '
` } #` vehicles. There shall be no storage of farm machinery,
TaaNIM4 e recreational vehicles, boats, and other pleasure craft other
than those items belonging to the owner of said tract of land
upon which items are placed for storage or safe keeping.
al.tia, 1 ., €' 7. No structure shall be built nearer than 50 feet from any i a ; `
t
property line.
al °a$4
',� 8. All owners shall cut and control all weeds growing on ,
their own property, whether vacant, occupied, or those with 'I;,.
.lr improvements under construction. Nothing in this paragraph
l`' � "a shall prohibit part or all of the premises from being used in
the production of agricultural commodities whether for sale I y;
or use by owner. Normally accepted agricultural practices
shall be followed in all farming operations.
9. These covenants are to run with the land and shall be
binding on all parties and all persons claiming under them
until April 1, 1995, at which time said covenants shall be
automatically extended for successive periods of ten years,
unless by vote of 751 or more of the then owners of the land
it is agreed to change said covenants in whole or in part. 1
M
g'' 891118
tir
,
i
r 1 j)
k
l B 1232 REC 02179850 05/17/89 10:43 $9.00 2/003 E
P F 1691 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO
▪ r
r 10. If the parties hereto, or any of them, or their heirs or
assigns shall violate or attempt to violate any of the,
covenants herein it shall be lawful for any other person or
1Ut' persons owning any real property, situated on these lands to
f" x. . prosecute any proceedings at law or in equity against the
• person or persons violating any such covenant, and either to i
ie prevent him or them from so doing or to recover damages or
': ,.'. other dues for such violations, plus their reasonable i� f, I
s attorney fees incurred.
▪ 1 sax.:
11 t a ₹' f
' '
4 {,. ' { {
SIGNED, this 26th day of April ,1989 .
J A. May i.
� `} 11 rk +` 09 Whistlepig Lane , x
1 _; x' Broomfield, CO 80020
r4k,2
-11411111.
SM1
STATE OF COLORADO ) 1E
yyx ) ,
4{ , $ 1 r :� COUNTY OF LAR'IIffit 1 ',
}
The fore Ding instrument was acknowledged before me this ,, f , s.
.#T �7; Q —day of ooA.V , 1989, by John A. May, 1709 Whistlepig >'r {•
1 )4.11.;
. Lane, aroomfiel'i, CO 80020. ,
� g
WITNESS my hand and official seal. ,
f
of. =01p �,, t i
_ �1
, 1:
4'x �,t, r OEMsw
,{Gy No•ary c -1 �
• u• y�� .
s 7 '� f My Commission Expires: My address is: , N .I� ' "z
a t., d f w'.
t, fly" ,3?, April 7. 1993 5404 Janna Drive 1 f° r`
}
;: ,0,,,: Loveland. Colorado 80538 yHt �'
ayt�f, , ,
,i 891119
40
A?
+ .7.":t3r e* ?",;1 4/4i4 Nz';�,t1* u?,u rt d'coi s t; �£ "STMN1,",,,,4,..,,,e40,14 -a'c s
v
. '.a z i'1i'""dri ha ¢ z' A�` 1 ,4p s ! rte. 'rvC{1�,'"ur 3 .. ,4',0,,,03 t rt z
g e e o-. 9 ,,,t. p„ r 72,04.2.2222,./ 'h 222"I„ '
j+4 x,._!rk'�d_At2 224422',' ,� 3i n At 24, t e: . '.)'?,1:51;-..,-) r" t`
{1 '' C A
���' D 1232 RFC 02179850 05/17/89 10:43 $9.00 3/003 }
P Iti92 MARY ANN i'P�U::Ro CL]N CLERK 6 RECORDER WE' D CO, l,7
L'xhiblt " " {
yw ;
�eh1 * LHGAL nHSCRZPTION � i
1
r
This to gal description refers to an approximate 228±5f, -I . Acre Parcel located in weld County, Colorado.
The SE 1/4 of Section 8, Township 7 North, Range 67 West of the '
6th P.M. ,
.� ALSO a tract of land located in the SW 1/4 of Section 8, Town-
' = ship 7 North, Range 67 West of the 6th P.M. , being more parti- ?I
cularly described as follows: •
i.
COMMENCING at the South Quarter Corner of said Section 8, and '
tY (
considering the East line of the SW 1/4 of said Section 8 to tt
C4 bear N00"06'51"E and with all other bearings contained herein I
L relative thereto; a 1
thence N00'06151"E 94.97 feet to a point on the centerline of .. �`
" . the water Supply and Storage Ditch across said SW 1/4, said point
IA 9`' r ' being the TRUE POINT OF BEGINNING;
., thence along the Centerline of said Water Supply and Storage
�*+ Ditch by the following ten courses and distances: f
N62'50'45•W 295.47 feet; N51'22' 19"W 172.62 feet; N30'52'07'W # ! ; ;
doay ; e,7w.: 622.64 feet; N22'55'51'W 533.55 feet; N48'42'21"W 295.86 feet; i^
x77'41 '36"W 443.21 feet; N48'26'34•W 273.23 feet; N17'54'27'W {
.'� } 705.26 feet; N57'12'02•W 235.24 feet; N71'42' 17•W 17.75 feet
'; to a point on the North line of the SW 1/4 of said Section 8,
w' F IV* thence N89.46'45"E along the North line 2,221.41 feet to the _
Center Quarter Corner of said Section 8, ,," �"
'*r c� thence $00.06'51•W along the East line of the SW 1/4 of said
Section 8, 2,552.06 feet to the POINT OF BEGINNING. �.
EXCEPTING THEREFROM a parcel of land conveyed to the Water
Supply & Storage Company, by deed recorded March 3, 1908 in
'8 a Book 250 at Page 347, being more particularly described as }
� ,ii`,t2;,=.'1,;'' follows:
COMMENCING at a point on the North boundary of said 1/4 section,
} :1 thence by true bearings, variation 14'30'E - 568'30'E 34 feet,
: '`' �' 566'30'E 100 feet; S56'35'E 100 feet; 538'10'E 100 feet;
525'30'E 100 feet; 515'38'E 400 feet; S19'101E 100 feet;
*s a+Fi1 s S37'E 100 feet; S42'E 100 feet; S50.30'E 100 feet;
875'34'E 392 feet; 857'25'E 200 feet; 850'55'E 100 feet;
-.,W e
2 Ps; 535. 10.E 100 feet; S24'E 200 feat; 522.22.E 300 feet;
529'36'E 500 feet; 833'05'E 100 feet; 544.101E 100 feet; I
, 3 S54'30'E 100 feet; 564.E 200 feet; 558'E 100 feet; i
' S45'45'E 50 feet to a point 76 feet North of the South 1:
Quarter Section Corner of said Section 8, being a strip
Y ` of land 100 feet wide 50 feet on each side of the above
in f described center line and 3674 feet long.
.0 r. i.
` e ..
1'4'414 ,,
' f
Sri ' 1 us
•
il
1' ,,.
4. ,,— 4. .:' a� I
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