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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 v • `9 %./ :P d . 104... 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I _ 5 I:\ Rlaek \ �� /HI _ James u i 44r i 1 ` � I �� - ll -ss0.9k 1 i s�,us I < 35a -� fZeB / xII m r •• ° -f Tea 891118 E,T. 1 aii w., 7i I m •yt _ $ ..c +ice 1 .= F 4},tom , 4„ ns .� \ _. . t,,,,t is 3� n nyy 0.v +� y 'Ay M �7•• }- • • • 3}� ✓ •§y}{. as j • F • -.� ,S y.. xF..ta n• .:F ' ₹1 { Is Y{i • �'°`:z 4 1• ;{ .* N .».ii '=' iix. r • • *b q * , £a!{ef n s zx' uF ''i p; �+i to = A.' "S '+r• §42.-f' '.. • +�t • ^ `. : ; ' S'•^cat. . • ., j • P1 4 sot, ss • { • .1,'" 14 `5^§ , 1 1 0'..` sJ. 0 . • la YS' • • • t t •p{„ "" =i'3 \ ,' 4f.• • _} • • • • I jy t:. F 43 • y t , xp'gSaa _ t X: 'f w^+2 ,,.r. .t. �A. 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 o 0 p cm / SCALE: lar 400' / SEPT. 8, 1989 • ci m ti a w I o - I o y N N W Z J N89° 45/49°E 2638.37' JW 0• 0) �/ ci N 301 CIS l W .00 co es - LOT 'A ' ao g w (V o, Lo :: 46.02`- AC. Id 2 ,, 3 n (n d O ¢ r a w (D i O W p a U 1 6 ,� L S 89° 45'49" W 2636.631 � V. z 2 n + V 466.69' it S89°45'49"W LOT IB o W OS (o g e in (p 34.021 AC. y to O (o le / 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 U o 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 Hello