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HomeMy WebLinkAbout870406.tiff RESOLUTION RE: DENIAL OF RECORDED EXEMPTION NO. 980 - HOWARD FRAME 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 , at a public meeting held in the Chambers of the Board, consider the request of Howard Frame for Recorded Exemption No. 980 , regarding property which is located in part of the NE4, Section 10 , Township 2 North , Range 68 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, this request was to divide the property into parcels estimated to be approximately 2 acres and 1 acre, and WHEREAS, after review, the Board determined that said request should be denied for the following reasons: 1 . It has not been demonstrated that an adequate water supply exists for both parcels . Left Hand Water Supply Company currently supplies the 3 . 15 acre parcel, but has not committed to another tap on this parcel. The applicant has proposed serving the 2. 15 acre parcel with the existing Left Hand tap and serving the 1 . 00 acre parcel with a well . The Division of Water Resources , pursuant to its letter of May 15 , 1987 , states that the well permit issued on March 25 , 1987 , could not be used for any commercial purpose. 2. It has not been demonstrated that the proposed lot will have access to a means of adequate sewage disposal , as required by the Weld County Health Department, and a letter of commitment from St. Vrain Sanitation District has not been provided. 3 . It has not been demonstrated that there will be adequate access available for the eastern parcel as the access easement is shown on the replat. There is a 25-foot access easement across the north end of both parcels to the existing access on Highway 119 , which does not meet the requirement of a 30-foot minimum access easement. As shown in the application materials, direct accesses are available to both parcels; however, the State of Colorado, Division of Highways, and the City of Longmont have both recommended the use of a single access if at all possible. 870406 Page 2 RE: DENY RE #980 - FRAME NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Howard Frame for Recorded Exemption No. 980 on the hereinabove described parcel of land be, and hereby is , denied. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of May, A.D. , 1987. • BOARD OF COUNTY COMMISSIONERS ATTEST: WELD CO __SCLOR DO Weld County Clerk and Recorder and Clerk to the Board Gor ac , irman BY: bill( p eafr,yn C. Kir , Pr Tem Deputy County Clerk APPROVED A TO FORM: Gene . Brantner al15,0467 Ja �� , Jo n o. County Atto ey j Frank Yamaguc 1 870406 DEPART INT OF PLANNING SERVICES ve PHONE(303)356-4000 EXT. 4400 915 10th STREET GREELEY, COLORADO 80631 C. COLORADO May 20, 1987 c1/44k Board of County Commissioners 915 10th Street Greeley, CO 80631 Re: Recorded Exemption #980 Dear Commissioners: This request for a recorded exemption is submitted by Howard Frame. The parcel of land on which this request is being made is described as part of the NE} of Section 10, T2N, R68W of the 6th P.M., Weld County, Colorado. The property is located on State Highway 119, approximately .25 miles west of 1-25. The parcel under consideration is the total contiguous land holdings of the applicant. The request is to divide the property into two parcels of 2. 15 acres and 1.00 acres, more or less. There are existing storage buildings on the western portion of the parcel. No residences exist on this property. This parcel of land is zoned C-3 (Commercial) . Based upon the submitted information and the policies of the County, the Department of Planning Services' staff recommends the request be denied for the following reasons: The applicant has not demonstrated that an adequate water supply exists for both parcels. Left Hand Water Supply Company currently supplies the 3. 15 acre parcel, but according to the applicant, will not commit to another tap on this parcel. The applicant has proposed serving the 2.15 acre parcel with the existing Left Hand tap and serving the 1 .00 acre parcel with a well. As shown in the attached letter dated May 15, 1987, from the Division of Water Resources, the well permit issued on March 25, 1987, could not be used for any commercial purpose. The applicant has not demonstrated that the proposed lot will have access to a means of adequate sewage disposal in compliance with the requirements of the Weld County Health Department. The applicant has not provided a letter of commitment from Fort St. Vrain Sanitation District. 8 7u406 Board of County Commissioners May 20, 1987 Page 2 The staff has concerns whether adequate access will be available for the eastern parcel as the access easement is shown on the replat. The applicant has shown a 25 foot access easement across the north end of both parcels to the existing access on Highway 119. Customarily, a 30 foot minimum access easement is required. As shown in the application materials, direct accesses are available to both parcels. However, the State of Colorado Division of Highways and the City of Longmont have both recommended the use of a single access if at all possible. Respectfully, a-1 -( iOdrJ Lanell J. wanson Current Planner LJS:rjg 87CLP6 CONDITIONS OF APPROVAL RE-980 Howard Frame I. 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. 2. Prior to the issuance of building permits on either parcel, evidence shall be delivered to the Department of Planning Services showing sewer service will be available from the St. Vrain Sanitation District, and that a legal water source is available to the one acre parcel. 3. Prior to recording the plat, a copy of a deed shall be submitted to the Department of Planning Services describing the one acre parcel including conveyances of the right to use the foot ingress and egress easement. 870496 DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Howard Frame Case No: RE-980 Legal Description: Part of the NEl of Section 10, T2N, R68W of the 6th P.M. , Weld County, Colorado Larger Lot Size: 2. 15 acres ± Small Lot Size: 1 acre ± Criteria Check List Meets Criteria Yes No X 1 . Consistent with the intent of the zone district. X 2. Compatible with the existing surrounding land uses. X 3. Compatible with the future development of the surrounding area. X 4. Complies with Overlay District Regulations. X 5. Complies with minimum lot size requirement. X 6. Complies with the Weld County Comprehensive Plan. X 7. Consistent with efficient and orderly development. 8. Lots accessible from an existing public road. 9. Adequate water supply. 10. Adequate sewage disposal in compliance with requirements of the Weld County Health Department. X 11 . Lots are not part of a recorded exemption approved within less than five (5) years previous, are not part of a subdivision, or are not part of t Minor Subdivision. X 12. Does not evade the Weld County Subdivision Regulations requirements and Statement of Purposes. 8704' 6 FIELD CHECK FILING NUMBER: RE-980 DATE OF INSPECTION: April 3, 1987 NAME: Howard Frame REQUEST: Recorded Exemption LEGAL DESCRIPTION: NE} of Section 10, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: On the south side of State Highway 119, approximately .25 miles west of I-25. LAND USE: N Highway 119, Best Western E Private ditch, 1 residence S Mobile Home Park - oil and gas production W Cornfield, 1 residence ZONING: N C-3 (Commercial) E C-3 (Commercial) and R-5 (Mobile Home residential) S C-3 (Commercial) W A (Agricultural) COMMENTS: Access to both lots is provided from State Highway 119. The access road to tank batteries across the west side of the property is expected to be moved farther west in the near future to conform to the actual easement. janell J. anon Current Pler 870416 �1- • C•e �• I mo- • _ l I'•i • ) 34 .. - f de . . ° ! b I ;/ I,, �" ��� lw 4 If LATTEVIcLE • 30 4x. .•nx •.H, • xyn p ..k.: p.. az n • _ '. 4 ins" A x 40 • • ! f E4 1 4 •1 • • ..' ,,2100••_•i•- C00 I ,t •� roan Sri • •• U ? I0( °� Pi Slani no x• ` x, n 4` x✓ ^� x ' x. 28 • • k!'O S l v ( , • , q i. 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I i -....7.:---i._ 1 I --�1 i Y r---- •-Y , • , ( (" '� 1 1 T' ,( c11 n ?Tr`c 11 . / u �j , i,� � i0 �' ^ JJ Gk i1 8 • 0R '•.. lII ,tea . i� r.. i N • rN �ke •l. T I N. y } y I - - - - - .. • P 'u, I •JI / .? 5 j d I • d 10 x N xx x• 6tl. w P xo x �! x A/ • ••. Ir io'. II �Nu'W.(�/. • I i • c•••i P p w / -K J wnr rrReeliel/ �( 9 ��I 6 -.i �,- •.1 •• k �• . e•M ( k., i1,• e_-.. '. ,x rl _• .14 al m �• \ • 'if I x• •p >o 4.y x• 41 xr 4 x•', • :4a •0i" �� • „ IL •! ,, •� .4 4 '� ( L I. v u r ,,• ' 1 n : •• 51131 It 1 W •• 4: 30 : ,• I. • L•• •, 2 •�; '.:; / z. ,.• N EASE :4: 1�, 4 . Y N . • .l. .. '•�. 1_1 el •0'00x • }9 _ \\• " _'- . d l / R 6 9��/; W N F i i ' P P 67"W' I N •I A D A M S // • • o�0- o r. • y • . . `e. 1 3 5 7 9 11 13 15 17 19 21 23 25 27 €370416 35 11 A _4850 K mj CL psi li / (�-) �� — �a63Z /, vv 11 j 07, Ir,e4c � - �� 1 4_ 3 cam 2 _ —14834 __ / o °�31 q��_�,U__� X6839�� 1(11 \/ N 1i , ies1 sk• I O ravel Pit t� "r; ,w Y L 494 ® 9 I _ • 4943 '•'•� 1 �/ 48. I O • 1 eo it I .�P �o 1 O •`i p 2---"-------.) - ? 0 I .-•ri)( _9 1 Z ) 1 � 0 .� 1 me 4060 7 ( (; j 2 N , II \ Ili nVzlle • I c--1 ( / i r / 9 • 4911 161.: 15 �� -)_ I • � 14 e e S 16 ,a a 1 / 0 �F' l C — 1 - 1 • r o . .-- 7 rem I . . 0° 4882aye2 4920 x925 1JNNN �.�. t) / 25 1 ff 1 1 ,'" 2 1 '� - - 'Dail v 5ch i 21 --�ICC 1 ___ —_ - I ypl 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 c2.(90 ., ern CASE NO. PE -9-'?D RECORDING FEE ZONING DISTRICT C ,3 RECEIPT NO. / CS / 7 DATE / - 3 (i -97 APPL. CHECKED BY �4.) 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: A tract of land NE 1/4 , Section 10 , T. 2 N. , R. 68 W. , Weld County TOTAL ACREAGE: 3 , %S,4 c.12 cS. Has this property been divided from or had divided from it any other property since August 30, 1972? Yes ), No t`E 3-H - / `' 7d' Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes yr No FEE OWNERS OF PROPERTY: Name: f-H0WAleI Fie 4rlE Address: i2 Z 2-7— Mu.iv l l i' Jon,C_ao#r CO Taco! Phone: 77,2 — O/ CV Name: Address: Phone: Name: Address: Phone: WATER SOURCE: Larger ParcelLeft Hand Smaller Parcel Left Hand P�G pb`cd ab V,—i✓\ P,cfo 'rd Ji- V:o ,n !.___ °-cin,,-,, ic,1 Y7 n.fglion C St. TYPE OF SEWER: Larger Parcel kC' .5{ p„+r ct Smaller Parcel P �P1; Commeitoial PROPOSED USE: Larger Parcel 5 rot 4 GE Smaller Parcel Commercial ACREAGE: Larger Parcel Vj , /C Smaller Parcel / EXISTING DWELLINGS: (Yes or No) ye“ (Yes or No) ...in Z_ •1;vc , t;'dur- 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 ) HOWARD FRAME STATE OF COLORADO ) ��+ � iguature: Owner or Authorized Agent Subscribed and sworn to before me this 29th day of January , 1987 . (SEAL) (----. IfSlhdadifit-- Notary Public �/ 870406 coti u /My Commission Expires (e7/9 9/D STATEMENT I, HOWARD FRAME, am the applicant for the recorded exemption which is attached. In accordance with the application requirements for Weld County, I state : 1. I am the sole owner of the property sought to be divided. 2. The purpose of dividing the lot is to satisfy the wishes of a prospective purchaser. 3. The proposal is consistent with the policies of the Weld County Comprehensive Plan. 4. The property is currently zoned commercial, C-3, and the application is consistent with the zoning. The use after the division will be consistent with the zoning. 5. After the division, the land will probably be used for commercial purposes. I intend to continue the use of the larger tract in the manner currently used as a storage facility. The use will be consistent with the surrounding area land uses which are also commercial in nature. 6. Uses are compatible with future development because of the expanded commercial development which is currently occurring in the area. 7. The proposal is consistent with efficient and orderly development because there is no current need to expand utilities. 8. There is no current need to expand the existing water supply which is currently being supplied by Left Hand Water. There is no sewage disposal system on the site and none is currently needed. 9. To my knowledge the property is not located in a flood plain, geologic hazard and/or Weld County Airport overlay. HOWARD FRAME STATE OF COLORADO ) ss. COUNTY OF BOULDER ) Subscribed and sworn to before me on this 29th day of January, 1987, by Howard Frame. My commission expires: Lf / /9 O No ary Public 1 870406 LEFT Post Office Box 210, Niwot, CO 80544-0210 WATER _..,}'" SUPPLY (303) 652-2188, Metro (303) 443-2036 May 7, 1987 Lanell Swanson Weld County Dept. of Planning 915 10th Street Greeley, CO 80631 Re: Meter No. 90 69 5 TO WHOM IT MAY CONCERN: The property located at 3822 Highway 119 is within the "service area" of Left Hand Water Supply Company. The membership for the above named property has been completed and the property is currently served by this Company. Mr. Howard Frame is on a Business and Light Commercial Rate. There are certain criteria to be met to qualify for this rate. See attached schedule. If you have further questions regarding this matter, you may contact me at the Company office. Sincerely, O am es M. Dickey General Manager JMD/rr MAY 8 1987 Litt- 8704% Neio to. Meow owonssa S( tIr:UUI.E OF POI.LC LES & RATES 11. Business and Light Commercial Memberships A. Definition: • Business and Light Commercial for the purpose of this membership classification is defined to include all users of 100,000 gallons per month or less and whose use is not included in the Residential, Multiple Housing, Industrial, or Special Use membership classifications. A single business and commercial membership may be granted to cover more than a single enterprise if grouped in a single complex by nature of ownership or construction. REFERENCES: By-Laws Article 3 - B( L) . B. Membership Requirements: 1.) A Membership consists of the following: a. Membership fee b. Front Footage fee c. One acre foot raw water 1) Left Hand Ditch share or Big Thompson Unit determined by property location. 2. ) The membership fee shall be at current membership price for one membership. Each membership will allow a maximum of 20,000 gallons average monthly usage. Whenever the average monthly usage exceeds the maximum gallons allowed during any six (6) consecutive months an additional Membership or Memberships must be purchased to comply with the Membership requirements of 20,000 gallons average monthly usage per membership. 3.) The following additional table shall also be used to determine the number of memberships required for motels, shopping centers and other Business & Light Commercial Membership Taps when service is provided for more than one unit through one meter as determined by engineer and/or Board of Directors. a. Motels & Other Business & Light Commercial Membership Taps: 1 - 7 Units 1 Membership 8 - 15 Units 2 Memberships 16 - 23 Units 3 Memberships 24 - 30 Units 4 Memberships 31 - 40 Units 5 Memberships For more than 40 Units, one membership will be required for each additional five units or less. b. Shopping Centers - not for manufacturing enterprises 1 - 5 Enterprises 1 Membership 6 - 10 Enterprises 2 Memberships 11 - 15 Enterprises 3 Memberships For more than 15 enterprises one membership will be required for each additional 3 units or less. - 5 - 8 704% II Business and Light Commercial Membership (cont) page 2. c. Motels and shopping centers with other services; such as laundry, restaurant, etc. . Each service shall be considered as equivalent to one dwelling unit for basis of memberships. 4.) Each Service connection for business and light commercial membership shall be of sufficient size, as=determined-by the Board of Directors-to-provide an adequate=supply= for -the intended use. Should a=larger service connection- and metes-- be requested .than -is normally-provided by the Company, the Board ' ' of Directors may authorize :and-direct the installation of such larger service connection and meter upon such additional terms and conditions as the Board of Directors may provide in authorizing - such larger connections. C. Meter Rates: - There shall be-assessed and charged for the use of water measured through a- meter, -per month, per membership from the water lines of the Company at the following schedule of rates hereinafter called "RATE- II 0 5, 000 gallons S18. 50 Min . 5, 000 - 10, 000 gallons 1 . 00/ 1000 10,000 15, 000 gallons . 85/ 1000 15, 000 - 20,000 gallons . 75/1000 20,000.: .. . . .- . 30, 000 gallons 1 . 95/ 1000 30, 000 40, 000 gallons 2. 10/ 1000 40, 000. . . . . . .,150,000 gallons 2. 75/ 1000 Policy adopted August 14, 1972 Revised March 13, 1978 References : Minutes of Board of Directors Meeting March 13, 1978 C. Meter Rates Only - Revised Sept. 12, 1983/Effective 12,' 1 ;83 870406 ,.. WP.1S-Rev. 76 k _ORADO DIVISION OF WATER RESOL.Ic4CEIVED ,tcrisen 818 Centennial Bldg., 1313 Sherman St., Denver,Colorado IrEC51 1 7 1987 FEB 11 1987 PERMIT APPLICATION FORM WATii m 1801ICIS Application must y��a e�fER _ L swam .---,- be complete where 1 ) A PERMIT TO USE GROUND WATER 601.4 •UIOMs applicable. Type or '( ) A PERMIT TO CONSTRUCT A WELL 11114.print in BLACK FOR: ( A PERMIT TO INSTALL A PUMP CZZ','''2' 25‘.'v.' INK.No overstrikes LV-rc`c cola: or erasures unless ( ) REPLACEMENT FOR NO. *—n oc cn initialed. ( I OTHER i r nn WATER COURT CASE NO. (1) APPLICANT-mailing address FOR OFFICE USE ONLYDq NQQW ITE1NTHISCOLUMN NAME )71et,AKD P.e.f^tE Receipt No. 11776 / STREET /30P La..+1'L/CNr62 OR. Basin Dist. __ _ - CITY ,LD ..,ye-7 C o $OgD/ C/� (state) (zip) ONDITIONS OF APPROVAL TELEPHONE NO. S03 —'D?-2- 0/79 This well shall be used in such a way as to cause no material injury to existing water rights. The (2) LOCATION OF PROPOSED WELL issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water County j,+/F4D right from seeking relief in a civil court action. A/F : of the A'E 4,Section /0 1) APPROVED PURSUANT TO CRS 37-92-602 (3)(b) (II) AS THE ONLY WELL ON A RESIDENTIAL SITE OF Twp. 7n, _, Rng. 4 $ Ic' 6 P.M. 3.15 ACRES DESCRIBED AS A PORTION OF THE NE1/4, NJ) iE.wi NE1/4, SEC. 10 T.2N R.68W 6TH P.M. , MORE PARTICULARLY DESCRIBED AS PARCEL "A" ON THE (3) WATER USE AND WELL DATA ATTACHED EXHIBIT A. 2) THE USE OF GROUND WATER FROM THIS WELL IS Proposed maximum pumping rate (gpm) / 'V' LIMITED TO ORRDINARYWHOUIEH,LDNPURPOSESNINSIDE Average annual amount of ground water USED OUTSIDE THE HOUSE FOR ANY PURPOSE. to be appropriated !acre-feet!: Let CR$' 3) THE RETURN FLOW FROM THE USE OF THE WELL Number of acres to be irrigated: 4/0 DISPOSAL BE THROUGH AN INDIVIDUAL WASTE WATER DISPOSAL SYSTEM OF THE NON-EVAPORATIVE TYPE WHERE THE WATER IS RETURNED TO THE SAME STREAM Proposed total depth (feet): 20o SYSTEM IN WHICH THE WELL IS LOCATED. 3 � Aquifer ground water is to be obtained from: ---1-.L; rF &� V :illy e1Ca., l lava /$ 0 ' .1_T Owner's well designation _LrL\\ltV)l/r AROUND WATER TO BE USED FOR: MAR 31 1987 (}:1 HOUSEHOLD USE ONLY - no irrigation (0) ( 1 DOMESTIC (1) ( ) INDUSTRIAL (5) ( 1 LIVESTOCK (21 ( ) IRRIGATION (6) Weld CO. Planning Gommisslo4 1 1 COMMERCIAL (4) ( I MUNICIPAL (8) 1 ) OTHER (9) APPLICATION APPROVED DETAIL THE USE ON BACK IN (111 147260 nG 6 lJ n PERMIT NUMBER `Y ( (4) DRILLER MAR 2 5 1987 DATE ISSUED Name I /cCA•SE0 EXPIRATION1] TE MAR 2 5 1989 Street G,.,,, City I lstdliT.T TE EN INEER) (state) (Zio) BY Telephone No. Lic. No. r I.D. / •-• J O COUNTY_ 2" - _. 870406 i6)-THE'LOCATION OF THE OPOSED WELL and the area on (6) Th._ WELL MUST BE LOCATED BELOW . ` .a which.the water will be used must be:fpdjcated on the diagram below. by distances from section tines. Use•the CENTER SECTION (1 section, 640 acres) for the well location. I I: I I _ .1../en ft.from ,A/C/ar sou sec. line — -� T ..4:. T — _ — T_ _ 'T. (north ar scum) j c.a If 1 MILE,5280 FEET rl ��GO ft.from E.c Sr sec: line + + 1 I _ ..(east or west) f + I LOT BLOCK FILING a 'Y ._..SUBDIVISION -. .... ... NORTH SECTION LINE — + 7 ) (7}TRACT ON WHICH WELL WILL BE LOCATED- Nl_)RTHl- i Owner: Aa.Azi7--F?.a.�lE.. ._ ,jrTT ? > I No-of acres 2, kr - _ . Will this bn J co 1'. c._ .._._.:�__. _. ._. .__-)--_ -__m._____" --;I the Only welt"On-thistractl_ vr$--"_.. „- _ _._— 18)-PROPOSED CASING-'PROGRAM- _- - N I Z ,. l _. ...._ ._m.=. I Plain Casing -. _-. .. -I- -F- 3 ± - 1 — ± — Z .1" Al in.from O ft.to /SO ft, ( _.... _ _ _ m from eft. to___.aft. ft. + - -- .-SOUTH SECTIDN"LINE i - + - i Perforated casing -' • I 7 in.,from / 5V ft. to 200. ft. -+ -I- .4 ---._._4- ----- + 'n. from ft. to `t. ___- "" ' I ' ' ' c ---.. :i ` 9-"—'to ' I` `(8) FOR REPLACEMENT WELLS give distance -)- � ._ and direction-from old well and plans for plugging _' —. -- --T i_.— -I---_—_-1_ — + T it: - The scale of the diagrafn is 2 inches= 1 mile Each small square represents 40 acres. WATEREOUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep - _. -----'- -' 1 cubic foot per second Ids) .. .449 gallons per minute Igpm) A family of 5 will require approximately 1 acre-foot of water per year. -- -- 1 acre-foot...:.43,560 cubicteeL._.325,900 about—.._—_..._ . 1,000 gpm pumped continuously for one day produces 4.42 acre-feet.(10) LAND ON WHICH'GROUND WATER-1NILCBE USED: ' Owner(s): fret.,A4/C'--fl`-"---PR-n "--- - _ " - No. of acres: a+ i5 Legal-description: ..C..4.-"11 t ' S il/D 'v- -11)_DETAILED-DESCRIPTI0N-nf-the_use_of_grcund_water: Household use and domestic wells must indicate type of disposal system to be used. feccS,E hre4D LfACN F/ E4o • (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Used for(purpose) Description of land on which used (13) THE APPLICANT IS) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS 4ATRUE TO THE BEST OF HIS KNOWLEDGE. /`/((9—C —ne I �-lir — -- GNA TURE OF APPLICANT(S) Use additional sheets of paper if more space is required. 8704 C ��O�p•CO1O 1 ROY ROMER To; ' $'. JERIS A. DANIELSON Governor `�' State Engineer e * , /876 �•:. OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 May 15, 1987 Ms. Lanell Swanson Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Frame Exemption, RE-980 NE1/4, Sec. 10, T2N, R68W Dear Ms. Swanson: We have reviewed the above referenced proposal to divide a 3. 15-acre tract into parcels of 2.15 and 1 .0 acres each. The water supply for the 2. 15-acre tract is proposed to be Left Hand Water Company. Information avail- able in our files indicates that Left Hand Water Company may have sufficient water available to serve this development but no letter of commitment was submitted. The one-acre parcel is to be supplied by a well (permit no. 147260) . Our records do not show this well to be constructed. The well permit is for household use only inside a single-family dwelling, but the proposed use for the tract is commercial . Therefore, it appears that this one-acre tract does not have a legal water supply. We could not recommend approval of this proposal until the following conditions are met: 1 . A letter of commitment from Left Hand Water Company to serve the 2.15-acre tract must be received by our office. 2. The applicant has obtained a valid legal water supply for the one-acre tract. Well permit no. 147260 could not be used for any commercial purpose. Sincerely, Hal D. Simpson, P.E. Deputy State Engineer HDS/JCM:ma/0070I �� cc: Alan Berryman, Div. Eng. y MAY l8 1987 Steve Lautenschlager 870406 Weld Co. Nome Cummisslm STATE OF COLORADO DIVISION OF HIGHWAYS P.O. Box 850 �g 11 Greeley, Colorado 80632-0850 I (303)353-1232 - April 16, 1987 Weld Co. , S.H. 119 Frame Exemption .2 Mi. W. of I-25 on Mr. Lanell J. Swanson S. Side S.H. 119 Weld County Department of Planning Services 915 10th Street DOH File 45100 Greeley, CO 80631 Dear Mr. Swanson: We have reviewed the Howard Frame application for a recorded exemption, and we have the following comments. This exemption would create two parcels out of the existing commercially- zoned property. Each of these parcels would have a direct access to State Highway 119 by means of two existing curb-cuts. These points of access are described on the Deed of Access Rights as 30-foot openings in the right of way line, which is otherwise access controlled. Since these accesses were granted in 1974, the State Highway Access Code became effective in 1981. The Access Code designation for this portion of S.H. 119 allows direct access to the highway only when there is no other reasonable access to the general street system. Normally, only a single access per property is permitted if direct access to the highway is required, and we recommend use of a single access if at all possible. According to the exemption application, use of this property after the division would be consistent with the existing commercial zoning. The larger tract would continue to be used as a storage facility, but there is no indication of the specific use intended for the smaller tract. If there is no change in use of the smaller tract that would cause an increase of 20% or more traffic at the access to S.H. 119 or result in an increase of ten large trucks per day or restrict the flow of traffic at the access, we would not require any further review. If any of the above conditions would exist we would need to be contacted to determine if an Access Permit for physical improvements to the access is required. Otherwise, the curb-cuts can be used in their existing condition. Thank you for the opportunity to review this exemption request. Please contact Wally Jacobson at 350-2168 if you have any questions. Very truly yours, ALBERT CHOTVACS DISTRI C2-ENGINEEH - '. John K. Crier District Planning/Environmental Manager JKC:mbc(WJ) cc: D. Yost Area Foreman Ii File: Crier-Jacobson via Chotvacs P,PR q 0 1987 870406 Held Co. Phnnni* Iinlfml1sion yam . l r DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING DIVISION * Civic Center Complex / Longmont, CO 80501 �,O O (303) 651-8330 O R A9 April 14, 1987 Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 RE: HOWARD FRAME REQUEST FOR RECORDED EXEMPTION. The City of Longmont has no objection to the above request. However, we recommend that no additional access points be permitted on SH119, in order to preserve the integrity of the highway. Thank th/�tunity to comment on this proposal . Brian J. Miller, AICP Planner III BJM/gp #2050-20 hfk2PR 17 1987 87041)6 Nell Co. Plannuik ,nR\m\stmi L//e�c �auJy O/ ,Z( -77!{• `` DEPAF. BENT PLANNING SERVICES s. �t - PHONE(303)356-4000 EXT. 4400 F 915 10th STREET et ��• GREEI LEY,"CLORADO60631 Rvm ECEIVED SANITATION DIVISION AJ F '.x APR /31987 • CASE NUMBER RE-980 COLORADO YIELD COUNTY HEWN DEPT. April 1, 1987 TO WHOM IT MAY CONCERN: Enclosed is an application from Howard Frame for a recorded exemption. The parcel of land is described as part of the NEI of Section 10, T2N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is one-eighth mile west of I-25 on the south side of Colorado State Highway 119. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. Please reply by April 18, 1987, so that we may give full consideration to your recommendation. Please call Lanell J. Swanson, if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that the request (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. L' We have reviewed the proposal and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Pease refer to the enclosed letter. � '� lc y Signed: Uhl PA; Agency: Wa I APR 9 1987 Date: t` u 6 Weld Co. Plemook boNml3Sl& 870416 .:-gin ;t t. �y ....1 at). rr;� „A i @ +tv ,�rt+y� r t a - t.4° buitk,r '..t`'!T,ett�e,ue _. t ':.M . r A41:.,.‘} v,;: , , - r . .l .,•• DOH T M '02:5011-i.seI •'//H FORM..RL, Rtw FORM NO l t7n8 w Recorded at /D: D'd oclock(' ,Q,(l • FEB 8 1974 CL i 1629889 5 LEE 5HEJ1E JR. Recorder 4 _t. KNOW ALL MEN BY THESE PRESENTS : That I, or We, i J. P. CAMENISCH and MARY M. CAMENISCH the Grantor or Grantors, of the _County of B j44er ,and State of _Colorado__ _ for and in consideration of the sum of TEN DOLLARS,and other good and valuable considerations to the said Grantor or Grantors in hand paid,the receipt whereof is hereby confessed and acknowledged, hove granted, bargained,sold and conveyed,and by these S. presents do hereby GRANT; BARGAIN, SELL, CONVEY ANO CONFIRM unto • STATE DEPARTMENT OF HIGHWAYS Division of Highways, State of Colorado the Grantee, its successors and assigns forever,the following right and interest in real 9 9 property,situated in the County 4 :; of Weld and State of Colorado, owned by said Grantor or Grantors, to-wit: e, r i EACIP ANG RYR/GHTORRIGHTS0FACCESS0FTHEGRANTORORGRANTO4S to and from any part of the right- of-way for Colorado State IIICIthibiay No. 119 ,a Freeway established according to the laws of the State of Colorado, and from o and to any part of t%wid real-pibperty of the Grantor a Grantors abutting upon said Highway,along or across the access line or lines described•as folf s" 'e • ✓ IpCI_v,s1- SU 0072(2) Sec. 2 PARCEL NO. AC-40 SOUTHERLY LINE 3 Beginning at a point on the southeasterly property line, from which the NE corner of Sec. 10, T. 2 N., R. 68 W., 6th P.M., in Weld County, Colorado, bears d. 64° 50' 30" E. , I a distance of 536.9 feet; 1. Thence N. 89° 49' W. a distance of 23.0 feet; ' 2. Thence S. 84° 28' 15" W. a distance of 251.2 feet; 3. Thence N. 89° 49' W. a distance of 142.7 feet to the center of a 30-foot. opening which is being excepted from this access limitation; 4. Thence continuing N. 89° 49' W. a distance of 355.0 feet to the center of a 30- foot opening which is being excepted from this access limittrt4 5. Thence continuing N. 89° 49' W. a distance of 17.4 feet, tore or less, to the vest property line. This conveyance is male to change the access cpeningsdescribed by Deed dated the p 23rd day of March, 1971 and recorded on the 19th day of May, 1971, in Book 646, Reception No. 1568096 in Weld Cotmty, Colorado. • • The Department of Mghwye ell tlr PS a— . ,',way office Building rest Arkansas Avenue ..i, Colorado 80222 • .0,INTIM: Right or Way seetI' at. • 870406 jy. LS • • 7 try, 1f/e�er • BCOK t• 08 .-629389 DOM FORM NO 25017 I-68( rl together with all the appurtenances thereunb belonging. 02- FORME RAY ROW FORM NO 35 Excepting,however,from this grant, the right of the Grantor or Grantors to have the following point or points of access at the locations set forth hereinafter, to be limited,however,in use by the Grantor or Grantors,to the width and purpose `ereinaffer de- signated: 7—WIDTH i — USE OR PURPOSE CENTER OF ACCESS OPPOSITE— , SIDE STATION 30-foot Right 333+52,3 30-foot Right 337+07.3 J according to centerline stationing of the Grantee's Project No. SU 0072(2) See. 2 Further excepting from this grant, the right of the Grantor or Grantors to have access across the aforesaid line of lines at those points where passageways under-the roadway, and public openings in said line or lines, may be provided for that purpose by the Grantee. I This deed,and the rights and interests herein conveyed,shall be and constitute a perpetual burden upon the real pro- perty of Grantor or Grantors,adjoining the hereinbefore described access line or lines, across which access will be denied,as herein set forth,and shall be binding upon the Grantor or Grantors,and all the heirs, successors and assigns of the Grantor or Grantors, with respect to said adjoining real property.- And the Grantor or Grantors, for themselves and for their heirs, successors,executors,administrators and assigns, do cove nant, grant,bargain and agree to and with the Grantee,its successors and assigns,the above bargained access rights and interests, • in the quiet and peaceable possession of the Grantee,and its successors and assigns, against all and every person or persons law- fully claiming,or to claim, the whole or any part thereof, by,through or under the Grantor or Grantors,to WARRANT AND FOREVER DEFEND, / Signed, sealed and delivered this__ T _day of__ 64ry s r"-{___ — —.A.D.,19._74 li _ �,{, Yl �_ k r J. P. CAI€NISCH .� / ` '1 / - MARY M XENIS . CACH- -- STATE OF A1� V s r 1 1. O -------- — ---- ------------ --- -- - -- G oregoiOnsNument was acknowledged before me this T say of_ rs41'V&?1 _- - _ __ A D i9 _-._ Th 4 by J. f; i�cH:a NARY M. CAlENISCH ` ` . .l .itYWf�ertC .i��_fJ lopss my h1Nt..t�iftfofficial seal.l . ....11nDires_ .IV.s�. �^ GJ� ��� I STATE Of. —_`ss. Notary Pub rt -- - - - - - -- JJJ\ County of The foregoing instrument was acknowledged before me this_ day of __—. _,A.D,19_._ by - Witness my hood and official seal. . - I My Commission expires— ._ Notary Public o r 1I rV) r- 1 I s o 'NJ y I H < �� U Ol V o l- O = o o ` d ti N [h o ... 0 5. C C . E 2(A. 'M u etL^ J W 2 p b�Mr C n� U • ! 4 u o Nha > N la O r: � U 1y-1 O N m a.,rUU YC 0 Is' C III 1 e rr n r I r'1 r�� H 1L z T CC o b ml W E . o n .N.v u d 14 5 ~ ..... . O c e '.� a • 1§ I., W o I. m o 1 I w V] � X a o o V E I z . �= _ N pd r/� U r _ Q rte\ .� r 0 9 i W rv_Jl a: t ie o o W ' o \,.fl ,. w '.4 o0et tC�'`�J M Y W y O U ��e v ■•r���,� yff, a `_o 'e < N M V C 0 O 8 51. Y C W O a C N c rl n 7� wo o 8 6 2W . u € `J (� W y Z ` •W ` N _O G 1 r �N c — a 9 8 I. of f_ a yawwvmr, COLORADO r1 -- RECORDED EXEMPTION N. 1313 -10 - 1 RE 344 1 AUGUST 29, 1978 VICINITY AMP SCALE-/"•2000' coca. 11i ' —L !/1e ,.„,r ii, OP-- 10 11 RY 11 I it • O T NW O.R. o, 6YANA'S 5Ec.le 3 e9'al'w. o 0 STgTE N16NWNY it 119 y NE car,. b /N. ,'a9'34"e. 514:a4' 4 95'� l/,+ ' i. 414:I JT sec.o TI WE /..NT OF BE(,/NN/NG zsI.n• it 242.90' 203.5 a' "i' * N PAKCEL, "f1 " ON g[V k4; '' m N "f4"2.56 A•RE. y• J PAXCEL. "A." v mr Ailey- I 3 ‘0 31 345 ACRES :' I § I ~ T tZ W N 041. U W Z v M 1 a '4c 0 1 W• W y. m Wit WW IA ,ry * : N W I. M N ' N 0 A y if 0 o 0 N N N • 0 • 9 SCALE-/R c2eo' iW- .• r �i •. m iii • h . VYI R/ .� ti • •. L. -ty•••),. I HEREBY CERTIFY THAT THIS PLAT WAS THE ACCOMPANY PLAT LS ACCEPTED ' ."..t'';''44.^;•r`11. PREPARED BY ME: AND THAT THE SAME IS AND PROVE FOR F73,ING ° '- CORRECT TO THE BEST OF MY KNOWLEDGE ' • AND BELIEF. f ] ;1 % ` CHAIRMAN OF THE BOARD OF COUNTY ,,, ; � �B �pp /J COMMISSIONERS. alas, o(,, OE ay ATTE�j COUflTY CLERK ' . 1 +IVi ''• •:.• > ALLEN L. ROYER, REOISI�ERED LAND I 1 lit'` I: ' �,r SURVEYOR, COLD.,REG.N0.11682 ? ''t ( f,'„2 °�'-f°nn. /:': ✓' PURPORTED COPY 870406 ze 848 - - 1770358^^--- ,r, . a -.9-• RECORDED EXR•IFTION NO. 1313 - 10 -I-I RE 34 4 Aucn;T 29, 1978 i OWNER: .1, F \hl:NIrCH nu-1 the !tngm' n;. "., '." 1 Prink 9Rt!GA''r n'' 'Alp MArY Iiii, rJ'CNV'''II " ruv, tal Pout". 4 436 Coffm ui . , 1 L<mgm--nt., C.l. , 805ctl Longm-,nt , Co. , 88501 • That portion of the Northeast Quarter of Section 10, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado more particularly described as follows: Considering the North line of said Northeast Quarter of Section 10 as /t/ bearing South 89'31' West and with all bearings contained herein relative ,/ �{ thereto. �( lL 1 Commencing at the Northeast corner of said Section 10; thence along said 51jAr !lr { North line of the Northeast Quarter of Section 10,' South 89°31' West 1320.57 feet to the Northwest corner of the East Half of said Northeast Quarter of 1 Section 10; thence along the west line of said East Half of the Northeast Quarter of Section 10; South 00°05' 30" Eaet 72.00 feet to the true point of beginning; thence along the South right-of-way fence of State Highway No.119. the following two (2) courses and distances; North 89'38' 36" East 514.34 feet; North 83'56' r 36" East 203.53 feet; thence South 45'01' 43" West 258.44 feet; thence South 47' 21' 21" West 531.18 feet; thence South 22°36' 22" West 240.00 feet; thence South 1 12'15' 23" West 232.55 feet to said West line of the East Half of the Northeast Quarter of Section 10; thence along said West line, North 00°05' 30" West 966.63 feet to the true point of beginning. The above described tract contains 5.71 Acres more or lets. " The above described tract is subject to a tep (10) feet wide ingress and egress easement along the entire West side. r , J,". :ament,:rh 'n.-d the Longmont Unt ' I The foregoing certification was P .-:r 1PU',T-:E cf thr M.nry (A, Laments^h acknowledged before`me this - . taming ,.he .•r10 ounerel 1n IV, or tit- fta day of .Atplitnt1Krt . ,rib-. , r "! ty •tv h,r' by sub- A.D. , /91 I , : . . t h..: s'u^ r sho•,n r ., • hi- d" t,n. h,, i My commission expires t,�Q, " Jo fit, Notary Public aft A At, (0 a") Witness my Hand and Seal. 4f9q:2 • 870406 ' 1 F 1 RECORDED EXENPTJ.UN No. N.W. CORNER E.i N.E. 4 so .i 5. 89'31 W. /II I320.ST.N. tome Na Na/M N.E. CORNER E r STATE HIGHWAY it 119 SECTION 10 vi N.Br 38. b"E. 251.49' vc— ips 152.O ' .39 l TRua hl.V OF 144".."44 r'� 2S� iNqRESS tens ssM r UTILITY 0 in 1)LOT T In ID r A CI 6 2.15 ACRES LOT T • 1' 8 Pi N I.00 kii a ACRES 3 A , ° , V n O N _wz v. a ..,. y o H -- LEGEND - ' m v Z 3 SCALE I"t'1001 ! Z — �b� —X— = FENCE Z ..' o v h T 3 N N IZ/ 1O.4J ..is9 . 0 00 AREAS LOT A - 2.15 ACRES 3 ti LOT 8 - I.OOACRES o TOTAL- 3.15 ACRES h o 3 o a k o ha w z \ �7 _C0LD It NN SITE h in `s h X-i N 0 M 1°fa 10 I I Otto 3 in s N X/ ` x N V N / J a a N X Jf N I VICINITY MAP SCALE- 1" = 2000' Sheet 1 of 2 870406 LECAL DESCRIPTION _ _ That portion of the Northeast Quarter of Section 10, Township 2 North, Range 68 West of the 6th P .N. , Weld County, Colorado more particularly described as follows : Considering the north line of the Northeast Quarter of said Section 10 as bearing South 89. 31' West and with all bearings contained herein relative thereto: Commencing at the Northeast corner of said Section 10 ; thence along said North line of the Northeast Quarter of Section 10 , South 89' 31' West, 1320 . 57 feet to the Northwest corner of the East Half of said Northeast Quarter of Section 10 ; thence along the West line of said East Half of the Northeast Quarter of Section 10 , South 00' 05 ' 30" East, 72. 00 feet to the true point of beginning; thence along the South right-of-way fence of State Highway Ho. 119 , North 89 '38 ' 36" East, 251. 44 feet; thence South 4. 58 '40" West, 176 . 00 feet ; thence South 11' 12 ' 19" West, 232 . 46 feet; thence South 22' 24 ' 05" West , 125 . 19 feet; thence South 22'36 ' 22" West, 240. 00 feet; thence South 12' 15 ' 23" West , 232 . 55 feet to' said West line of the East Half of the Northeast Quarter of Section 10; thence along said West line , North 00' 05 ' 30" West, 966 . 63 feet to the true point of beginning. The above described tract contains 3. 15 Acres , more or less . Subject to the hereon shown easements and any other easements or rihts of way as described by Instruments of Record or as now existing on said descr:il:eu tract. SURVEYOR' S CERTIFICATE I hereby certify that this plat was prepared under my supervision and that it is correct tto the best of my knowledge and belief. C /J�/J 2i- 26- 87 �y F ((U// I- 16. 8 T .` s ALLEN L. ROYER ;j 9 ?rY 1168,. Registered Land Surveyor, Colo . Reg. 1;11682 _ t , te�g being the sole owners in fee of the above described property do hereby divide the sameas shown on the attached map. HOWARD FRAME The foregoing certification was acknowledged before me this a9 day of c1 tA?iuy.\ ,A.D. , 1987 . My commission expires 02.44.1 6 /990 Notary) Public ,/G� Witness my hand and seal (` y, e,(4rf., otch�dA/e . The 'plat is accepted and approved for filing. Department of Planning Services Rirector The foregoing certification was acknowledged before me this day of , A.D . , 19 My commission expires : Notary Public Witness my hand and seal 870406 : ti 4 , 4- Hello