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Home My WebLink About930896.tiff AR23b8588 RESOLUTION RE: ACTION OF BOARD CONCERNING RECORDED EXEMPTION NO. 1527 - BOGARDUS 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 request for Recorded Exemption No. 1527 was submitted by Arthur and Vickie Bogardus, for property which is located in part of the E? SE! of Section 7, Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, this request is to divide the property into parcels estimated to be approximately 2 acres and 2 acres, more or less, and WHEREAS, after reviewing the Planning staff's concerns and hearing the testimony presented, the Board determined that said request shall be denied for the following reasons: 1. It is the opinion of the Board of County Commissioners that this proposal evades the purpose of the Weld County Subdivision Ordinance as defined in Section 1.3. 2. It is the opinion of the Board of County Commissioners that this proposal is not consistent with the intent of the district the Recorded Exemption is located within. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request for Recorded Exemption No. 1527, submitted by Arthur and Vickie Bogardus be, and hereby is, denied. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of September, A.D. , 1993. BOARD OF COUNTY COMMISSIONERS ATTEST Adth WELD COUNTY, COLORADO Weld County Clerk to the Board 42 -1 ��4 Constance L. Harbert, irman BY: 4.O.-f' _/ 'T!' iC_..e__ _r_ y� EXCUSED Deputy Cler t the .e Boarth---J W. H. Webster, Pro-Tem i APPRO AS'TO FORM: '- f AA G Bax er . —_ i County Attorn y Dale K. Hall 10.. Lci .1 /�J %;T!//,OS . arbara J. Kirkmeyer ( c B 1421 REC 02368588 01/11/94 11 : 08 $0 .00 1/001 F 1975 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 930896 RE/5 7 cc : %'', 6'Pt. WELBORN SULLIVAN MECK f' TOOLEY, P.C. ATTORNEYS AT LAW JOHN F.WELBORN 1700 BROADWAY,SUITE 1820 OF COUNSEL STEPHEN J.SULLIVAN DENVER,COLORADO 80290-1801 ROBERT F.WELBORN JOHN F.NECK TELEPHONE(303)830-2500 KEITH D.TOOLEY FACSIMILE(303)832-2366 NOISY SOMMERVILLE SPECIAL S COUNSEL KAREN OSTRANDER-KRUG JOHN S.COWAN MARLA E.VALDEZ September 1, 1993 VIA FACSIMILE AND BY MAIL 1-351-0978 Ms. Gloria Dunn Current Planner Department of Planning Services 1400 North 17th Avenue Greeley, CO 80631 Re: Application for a Recorded Exemption Arthur G. and Vickie L. Bogardus ("Application") Township 1 North, Range 68 West Section 7: E2SE4 Dear Ms. Dunn: The purpose of this letter is to provide you with a response for Union Pacific Resources Company ("UPRC") with respect to the above-referenced application. I understand that you intended to notify Union Pacific Railroad Company because it owns property within 500 feet of the property that is the subject of the Application for a Recorded Exemption ("Property"). Please note that UPRC owns all of the coal that underlies the E2SE4 except for the minerals that underlie the railroad right of way. I understand from you and from my review of the materials that were provided to me by the Weld County Planning Department that the Application is for the purpose of splitting a four acre lot into two acre lots and that the Application will not in any way affect the current zoning. Based on that understanding, UPRC has no objection to the Application with respect to the mineral interests that it owns in the Property. Please be aware that this letter is written on behalf of UPRC only and that Union Pacific Railroad Company might provide its own response to the Application. oEC IVE SEP 3 1993 II A-UPRC\DUNK Weld County Planning 0901-1345 *pMredmiecycledpwoer Ms. Gloria Dunn September 1, 1993 Page 2 If you have any questions regarding this matter, please call me. Very truly yours, Molly Sommerville MS/alr cc: Tom Brock Kendor P. Jones, Esq. Steve Goodsell, Esq. Christine Smith, Esq. A-UPRC\DUNK 0901-1345 DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 C•WI I g WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO August 25, 1993 Board of County Commissioners Weld County Centennial Complex 915 10 Street Greeley, CO 80631 Subject: RE-1527 Dear Commissioners: This request for a recorded exemption is submitted by Arthur and Vickie Bogardus. The parcel of land on which this proposal is being made is described as part of the E2 SE4 of Section 7, T1N, R68W of the 6th P.M. , Weld County, Colorado. The property is located approximately 3/4 mile north of the Town of Erie. The request is to divide a 4 acre parcel of land, which is the total contiguous land holdings of the applicants, into two 2 acre parcels, more or less. One dwelling is located on the property and a second dwelling is planned for the proposed, undeveloped 2 acre lot. Access to the existing parcel is provided from Weld County Road 3, a gravel-surfaced County local road. The applicants wish to build a second access on Weld County Road 1 1/2 for the proposed lot. Left Hand Water District provides water service to the existing dwelling, and water could be made available to the proposed dwelling. Sewer service is provided by a septic system to the existing dwelling and is proposed for the second lot, if approved. The Department of Planning Services' staff recommends denial based on the level of development and the potential for continued division occurring in this area. This parcel lies within the Urban Growth area of the Town of Erie. The Erie Comprehensive Plan, according to Erie Town Administrator Scott Hahn, designates rural density of 5 acres minimum within its urban growth area. Since 1978, three recorded exemptions within 1000 feet of the parcel in question have been approved by the County. All but one of these lots are larger than 4 acres, the total acreage of the property as it exists now. The applicants are requesting to divide a parcel which is already under the minimum size into two lots. It is the opinion of the staff that sufficient reasons have not been given by the applicant to warrant further subdivision of this lot. 930896 RE-1527 Arthur and Vickie Bogardus Page 2 The proposed division and existing land splits in this area do not represent efficient and orderly development. The staff requests that the Board consider the attached parcel I.D. map of the surrounding area and determine whether it wishes to allow this type of piecemeal development to continue. Further division of this parcel will evade the intent and purpose of the Weld County Subdivision Regulations. Approval of this recorded exemption will create an additional access on to Weld County Road 1 1/2 and encourage further subdivision of small acreages in the Agricultural zone district. The staff recommends the Board of County Commissioners deny this request. Respectfully Submitted, G or Dunn Cu ent Planner 920896 DEPARTMENT OF PLANNING SERVI CES PHONE (303)353-3845, EXT. 3540 C. WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO August 24,1 993 Arthur G. and Vickie L. Bogardus 4285 Weld County Road 3 P.D. Box 382 Erie, CO 80516 Subject: RE-1527 - Request for a Recorded Exemption on a parcel of land described as part of the E2 SE4 of Section 7, T1N, R68W of the 6th P.M. , Weld County, Colorado. Dear Mr. and Mrs. Bogardus: I have scheduled a meeting with the Board of County Commissioners on Wednesday, September 1, 1993, 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, for a Dunn ent Planner GD/sfr ADDITIONAL COMMENTS RE-1527 Arthur and Vickie Bogardus In a letter dated August 8, 1993, Scott Hahn of the Town of Erie commented that annexation into the Town of Erie and connection to the sewer system are recommended by Erie to potential subdividers of this region. He also expressed concern regarding the type of soil located in the area of the subject site. He stated that much of the soil is an "expansive clay" type and that care should be taken to prevent its erosion into Coal Creek. According to the Soil Survey of Weld County, the soil on the parcel is classified as Nunn loam. The soil has fair to poor potential for urban development and moderate to high shrink swell, although erosion hazard is low. 9-*()-79.1 (it ;iw.". DEPA RTMENT OF PLANNING SERVICES ' PHONE(303) 353-3845, EXT. 3540 111 pC. WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO July 29, 1993 Arthur G. and Vickie L. Bogardus 4285 Weld County Road 3 P.O. Box 382 Erie, CO 8O516-O382 Subject: Recorded Exemption 1527. Dear Mr. and Mrs. Bogardus: Your recorded exemption application is complete and in order and will be processed on or before August 29, 1993. If it is determined that the application meets the approval criteria of the Weld County Subdivision Ordinance, 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 Town of Erie Planning Commission for its review and comments. Please call Scott Hahn, at 665-3555, 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 Erie 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 call me. Sincerely, Giorfa Dunn C ent Planner GD/sfr 97,3•0995 FIELD CHECK FILING NUMBER: RE-1527 DATE OF INSPECTION: July 27, 1993 APPLICANT'S NAME: Arthur G. and Vickie L. Bogardus REQUEST: Recorded Exemption. LEGAL DESCRIPTION: Part of the E2 SE4 of Section 7, T1N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1 mile northeast of the Town of Erie; west of Weld County Road 3, and north of Weld County Road 10. LAND USE: N 2 residences. E Weld County Road 3, agricultural production. S Weld County Road 1-1/2, railroad tracks, farmland, 2 residences. W Farmland, residence, pasture. ZONING: N A (Agricultural) , R-1 (Low Density Residential) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Access to the property is from Weld County Road 3, a gravel-surfaced road. The proposed 2 acre lot is vacant and there is no existing access to Weld County Road 1-1/2. Northeast of the site, across Weld County Road 3, approximately 1/2 mile, is Parkland Estates Subdivision. sc GloriasDu Current Planner grifR4c • ADMINISTRATIVE REVIEW FLOW SHEET CASE # /eL /527 / APPLICANT: Alti �r G F / I l e L , 3 O a Q S. REQUEST: �`i- Cl1 4 4_ S • V LEGAL: f C SE1 7 / l0(1 LOCATION: •,I r ty • 7 M ' A/ gr e [ / D - a Date Application received 9-2-13 Application complete 7 i3 - 13 •iti S Letter to applicant drafted 7 -26_ 93 Referrals listed 1_ 2_6 _ CJ? 6n File assembled ?-as -61 3 _k Letter to applicant mailed 1 aq ,g3 ,np Vicinity map prepared 7 _aq q3 1010 Referrals mailed I ? .a 1-q3 %Q f Chaindexed 7 -dot q3 pa I Field check by DPS staff �/// 7-y7_ 93 Administrative Review decision: JIM- led d g- 24r-13 /.A / History card completed -SLR! -,I COMMISSIONER'S HEARING DATE: q - Date By Air photo and maps prepared CC Action: Q ' CC Resolution received History card completed Recorded on maps and filed APPLICATION FOR RECORDED EXEMPTION PHONE: 353-3845, Ext. 3540 DEC Department of Planning Services, 1400 N. 17th Avenue, Greeley, C•� t; ado 80 23 1993 1 ti Si FOR PLANNING DEPARTMENT USE ONLY: Weld roa"yPlanning APPL. FEE p,as-- - 00 CASE NO. RECORDING FEE ZONING DISTRICT RECEIPT NO. t 951 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 Commissioner LEGAL DESCRIETION: parcel of land located in „Ile East 1 /2 of the SE 1 /4 of Section 7, Township 1 North, Hange 68 Nest of the 6th P. 1. TOTAL ACREAGE: 4+ Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No XX Is this free' of land under consideration the total contiguous land owned by the applicant? Yes No FEE OWNERS OF PROPERTY: Name: Arthur G. C{ Vickie L. 3ogardus Address: 4285 NCR 3, F.O. Box382, Erie, CO 8051C. one: &28-0`,03 _r �rf ??)c) Name: �x� Address: Phone: Name: Address: Phone: WATER SOURCE: Larger Parcel Smaller Parcel *L.H.'N.D, u tic (proposed) TYPE OF SEWER: Larger Parcel e p Smaller Parcel Septic PROPOSED USE: Larger Parcel Residence Smaller Parcel Residence (proposed) ACREAGE: Larger Parcel 2 Smaller Parcel 2 EXISTING DWELLINGS: (Yes or No) Yes (Yes or No) one *Left Hand V'ater District I hereby depose and state under the penalties of perjury that all statements, proposals, and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD STATE OF COLORADO ) ignature: Owner o Authorized Agent Subscribed and sworn to before me this /41#& day of :c1m , 1993 . (SEAL) vv. v1/4.eese-en Notary Public My Commission Expires 9_-R -95 otCEI�►VE JU1. 2 31993 11 Were^-nty Planning 9x'099 •Jul •v 14. . 199 Weld County Lepartment uf Planning :services 140O N. 17th Avenue Uree I ev. Colorado 80631 centI emen , lire following material is being submitted in accordance with the regulations +or a Recorded Exemption . This is tur a parcel of land located in the East 1/2 of the SE 1: 4 of Section .r. , Township 1 North , Range 68 West of the 6th irrincipal Meridian . The owner and applicant is p=ir-thur 6 . Vickie L . ar du_; . IT any questions arise as you rcev i. w this material , please +eel free to call at your convenience . Sincerely, Arthur• D. iogardus 4285 WLR :4 , P .O. Box 3h' Erie , t.;Ll tlt)516-033.' :303-628-0403 E. CEIVEll `JUL 2 3 1993 Mfelli r-„,fy Planing ARTHUR G . ;_... VICKIE L . .SOLARDUS TABLE OF CONTENTS 1 ) Recorded Exemption Application (Legal Description attached) 2 • ) Ownersh i.o of f=,Qp 1 :.car1t (Copy c7t Deed) 3 Certi# icate o+ Conveyances 4) A++ idav t of Interest Owners 5) Surrounding Property Owners 6) Statements addressing Application Requirements 7) Water Tap Statements (Left Hand Water L'istr:ic_t) 8) RECORDED EXEMPTION MAP 9:30993 APPLICATION F ELUisRE:_MEdI h Ah:r-ii;:Jl- i-'H NUMBER No . 6) At the current t:line the existing home/parcel , with frontage on both WCR 1 1 /2 ;'_. 3 , is serviced by Left Hand Water District . The "new" arc•:• p . _ I with frontage along WCR 1 1/2 . has a water tap available from Left Hand . Both are evidenced by the attached 1 etters from Left Hand . No . The existing home/parcel is serviced be a private septic system. The "new" parcel would also be serviced by a Private septic system . No . 8) At the present time the 4 acre parcel includes an e; :i i.n.a home and outbuilding , bounded by WCR 3 to the east , WCR 1/2 to the south , and the property line to the north . Approximately one-half oif the property , bounded by VJCR; 1 1/2 to the south , and the property lines to the north and west , is not currently used , and has no improvements . No . ` ) The dividing of this parcel is being proposed to retain a 2 .� acre o,a.rce! for the existing home and improvements , and for the set l ing of a 2 acre Parcel /building site . No . 10) f he 2 acre parcel is currently unused , unimproved Pasture land that lies to the rear of the parcel . However , because of the shape of the 4 acre parcel , the proposed acre parcel v411 1 have approximately 2()O--:250 feet of frontage along WCR 1 1/': . No . J. J. ; this proposal is consistent with the policies of the Weld County Comprehensive Plan . An additional 2 acre parcel /builning site would be created with the existing improved site reduced to 2 acres . This division is for economic reasons only . No . : ._:) Inc uses permitted wil I be no different from what exists . An existing dwelling is situated on the -front half of the parcel , while the back half is currently riot in use . Surrounding hornesites vary in size between 1 , 2 , 2 1/2 , 5, and 1O acre sites. The t.ornn of Erie lies approximately 2-3 miles to the S.W . . "Parkland Estates" lies approx imate i V one-half mile to the N .E. with scattered farmland intermingled . No . 1:_s) The intent of this zone district is to maintain its agricultural state . No plans are in order to change from the existing zone of these parcels . No . i 4) This proposal •:::;I-x_•.11 be consistent with efficient and orderly development . 920993 A ,I IFNINMf RM/co"co" . ,'� ' �N . 1I . RIIg N/9•3e4ew - :'f 401.00I . 692.97 ault=1"1 I . I , II ; 1.. I 4 I J - - , , t /• /t4 _ I II , Ex1-,Clti& poM'c c I 1 f7M-I3 IL-Pit-4 L>Ls-L)=- `A�l' <1 y a i APPS I-1. , i/ ' ) V `/ Ili • "for-1:a!�- A,_:--a7..'-,� r FE�r ,///S\ � (APPRox,�,,' I ZOO -Z to o'� I (M II 112 11s 92099,6 .374 REC 02325466 03 / 17 / 93 16 : 06 $ 5 . 00 1 / 001 1 AR2J25466 — k 0922 MARY ANN FEUERSTESN CLERK RDER WELD CO , CO WARRANTY DEED 1111S DEED, Made this 15 tit day of MARCIl • 1993 between Cou ALICE MLD anGSla SateE U24Mj0R FEE of the Courtly of WELD and Slate of COLOItAUO, grantor, and .5111- • 11l1l��i.. �J pang AIt771UR C. UOGAItDUS and VICKIE L. BOGARDUS whose legal address is 4285 WELD COUNTY ROAD 3, ' ERIE, COLORADO 80516 of the County of WELD and Slate of COLORADO, grantees: W13NUSS, that the grantor, for and in consideration of (lie sum of ONE HUNDRED FOURTEEN U . F . THOUSAND NINE HUNDRED AND 011/IUOllrs DOLLA ItS, ($ 114, 900.00), the receipt and sufficiency of 11 . 49 which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, not In tenancy In tonmi0lt but In Joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the County of WELD, and State of Colorado, described as follows: A Tract of lend In the East 1/1 of the URl/4 of Section 7, tovnehip I North, Reuge 60 West of the 6th P.N. , de eerib.J 'U follovsr Beginning at A FOUND URRUI BRASS CAP which is the Fact 1/4 cornet of meta Section II thence South 2 degrees 49 minutes Eeet , along the 'net line of the Southeast Patter of said section 1 on a eouten toward A FOUND USRUI BRASS CAr nt the Southeast corner of void Section 1 n distance of 959 feet; thence Wentnrly pnrnllel to the North line of the Boutbenst 1/4 of said Section 7 , ibrth 89 Degree, 36 minutes 44 seconds Nest 69.91 feet to the True Point of Regbntng end the some point of beginning an described in Rook 618, 0.1540156: thence North 09 Degrees 36 minutes 44 Remold., Meet pnrnllel to thin llorth Itue of the Soutbenet 1/4 of Section 7 a dlntence of 620 feet to the tent line of a Tract of land described in Rook 597, 815107001 thence Southerly along said Tact Jeneribed in Rook 591 , R1518700 South 2 degrees a minutes 6 monde East. 418 feet to a point on the North Right of Mq line of the U.r. R,R, (sold R.O.W. being 200 feet from centerline of said R.R.) ; thence ratted/ slung said Pettit Right of May of the U.P.R. R. 624 .04 feet to a point on the Westerly Right of . . Way line of a County Rood; thence Northerly along the Westerly Right of Nny line of County Reod, 183 feet to the True Point of Beginning, County of Weld , State of Colorado. also known by street and number as 4285 WELD COUNTY ROAD 3, ERIE, COLORADO 80516 TOGErIIElt with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise % appertaining and the reversion and reversions, remainder and remainders, rents, Issues and profits thereof, and all 1 the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, In and to the above bargained premises, with the hereditaments and appurtenances. tJ TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto V the grantees, their heirs and assigns forever. And the grantor, (or himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and Indefeasible estate of inheritance, In law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same In manner and form aforesaid, and that the sane are free and clear from all former and other giants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except for faxes for the current year, a lien but not yet due or payable, easements, restrictions, reservnllons, covenants and rights-of-way of record, If any, 7Le grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against ,lI and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of arty gender shall be applicable to all genders. IN WITNESS WIIRRUOF the grantor Ions executed NUs deed on the date set forth above. Lti ` CYIIUJ IA ALICE MEIN RI�_, sJ „".,..,...6.l u5.,.,..... s'IjtiS n):.E()1.gjirum •• J ) 55. f QVbilAS"AIN Ag141§, : Wi . o q0� 1.14 foty )o� l_nifte. t ivkiEtt was acknowledged before me Oils 15th day of MARC!! 1993 by l l(.' .1�tn111LrI t:11.b4.li1NIN(i liR . M Y•.cd to r ip re5;lplies: 6/26/96 Ny. ) es any hand end offl seal pNBTArantov( (VIA • i`V N .r Public tiveMfig2g8 U100248 14p pt1A. n r. 3-s5 WARRANTY DEEP Do Jnlon 'M1nnwmz) IItIUTAI+E nitg • 92QR9R WELD COUNTY CERTIFICATE OF CONVEYANCES DEPARTMENT OF PLANNING SERVICES STATE OF COLORADO ) COUNTY OF WELD ) The UNITED TITLE COMPANY OF GREELEY TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records , and finds the following conveyances affecting the real estate described herein since August 30 , 1972 . LEGAL DESCRIPTION : SEE ATTACHED LEGAL EXHIBIT A CONVEYANCES ( if none appear , so state ) : Reception No . 2133308 , Book 1187 Reception No . 2160014 , Book 1214 Reception No . 2325466 Book 1374 Reception No . , Book Reception No . , Book Reception No . , Book Reception No . , Book _ Reception No . , Book This Certificate is made for the use and benefit of the Department of Planning Services of Weld County , Colorado . This Certificate is not to be construed as an Abstract of Title nor an opinion of Title , nor a guarantee Title , and the liability of UNITED TITLE COMPANY OF GREELEY COMPANY is hereby limited to the fee paid for this Certificate . In Witness Whereof , UNITED TITLE COMPANY OF GREELEY COMPANY has caused this certificate to be signed by its proper officer this 13 day of JULY , A . D . , 19 93 . at 7 : 45 a . m . o ' clock . 4 fit rid c.15/4„ .s.,,,7 :./OMPANY / � By : WY L4)7 n littC- AU ORIZED SIGNATURE EXHIBIT A The land referred to In Schedule Ms situated In the State of Colorado, County of Wald and is described as follows: A Tract of land in the East 1/2 of the SEI/4 of Section 7, Township I North, Range 68 West of the 6th P.M. , described as follows: Beginning at .A FOUND USBLM BRASS CAP which is the East 1/4 corner of said Section 7; thence South 2 degrees 49 minutes East, along the East line of the Southeast Quarter of said section 7 on a course toward A FOUND USBLM BRASS CAP at the Southeast corner of said Section 7 a distance of 959 feet; thence Westerly parallel to the North line of the Southeast 1/4 of said Section 7, North 89 Degrees 36 minutes 44 seconds West 69.91 feet to the True Point of Beginning and the same point of beginning as described in Book 618, R1540256; thence North 89 Degrees 36 minutes 44 seconds West parallel to the North line of the Southeast 1/4 of Section 7 a distance of 620 feet to the East line of a Tract of land described in Book 597, R1518700; thence Southerly along said Tract described in Book 597, R1518700 South 2 degrees 8 minutes 6 seconds East, 418 feet to a point on the North Right of Way line of the U.P.R.R. (said R.O.W. being 200 feet from centerline of said R.R.) ; thence Easterly along said North Right of Way of the U.P.R.R. 624.04 feet to a point on the Westerly Right of Way line of a County Road; thence Northerly along the Westerly Right of Way line of County Raod, 183 feet to the True Point of Beginning, County of Weld, State of Colorado. I 0 ! I I• I' of . . . ' , . l AR2333308 aet. . ,r •,r .n . . ids.' r. •' arnrosa. • " 137-1332 PUBLIC TRUSTEE'S DEED • 2226 -• nits Deer.wde March .1988 .bonsai �; . Anne D. Nye r to Public Tnese,dthe said County al Weld • Caliendo.d Benjamin Franklin Savings Association e/o Pouter Mortgage Corporation 7 6000 Western Place I j P.O. Box 171 Port Worth, TX 76101 _ / PurcMMal WITNESSETH: whereas, Barry A. Blanckaert and Sara L. Blanckaert• did.by Deed ofTrs dated July 28 ,t9 83 .d recorded is to office Sake Cleat d Recorder of lba ".. ICounty of Weld •Colorado.m August 26 .19 u Plate .(Aim No. 2030 133 •s Hook 1005 r. al Puny homed,(Filmed to mane 0,Reception No. 01938320 r sonnet*to Public Thome s Thai the '.i swims rte saebs�wa provided s said Deed ofTmtd • ..• . Whence,a violation yes madeoldie tens d cossets of said Deed of That m shows by the notice ordeals d • - .. demand For tad filed with the Pula/ethnic ,awry Sam(betg worded is the office elsaid feting Clerk d Recorder,me said . .. propeny was of wradvertisedlxiiierpublic asks aide piece d oei.N e=ma Pwlded by kw matey said Deed )w d e, .00w the d ace b time mailed the persons masted by sums,and mid popsy ors s posses of said notice sold b• Benjamin Franklin Savings Association• for is w r w fort hereiasll - d a ossifies of pnehre Matt(was made and marred•• • d said property not baying bas redeemed fran said sak: • • • N .Theeefae,the Public Truant prism p power and u the Pr • These scud by sad by to said Deed Ins s Tn such Public , • and meosidersso oldie samdS 96,300.00 tote Public These paid by she said Prebrs(skte I r .. mate wbermf is hereby acknowledged.comers to the said Rrcha er(sk its /ylyejrpe waauas IS weips brews" . all d Siena wish the Public ttYYK acquitted �right.Mk . said aWk pursuant to said Deed of That in dote following demented peppy Wes s to •County of Weld Cokea& to wit i See Attached Exhibit A •, • B 1187 REC "2133308 03/08/88 15:03 $6.00 1/002 • F 1890 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO r n r. • • a Texas Corporation I.s '4To Hose and to Hold the same unto the said Rmchsesp) its /Mitt'.sr.essas add shpts forward Executed rte day and war fins abuse Written. _/J/J// _ {../�.� PEAL)I• . .�duels True �ifeld" ! .Carssaa. . 'I By- STA1 s)F COLARADO, omay two.n..s - Cw,yof Weld Ice. .+1 a o'D eO.e The fsmepdng inswmeu.•m actawkdS r Eed baton m e this 7th day of March • ( . . I' M Anne D. Nye j25do=��AB s tee Public Tooke d 94,41'- : T . County of weld .Colorado. g oft.. (/ Q\� i 1 • j ______/17 ai 1^ My co my sapiens AUGUST 7, 1989 r it 1 • .r. Witness my hand and >rw set. ` I I Un man when E.W rot pre wnn w pen mime ••un.era..tureen mama-lieu-am ssdassrus.el pssteare a-.,ad imams sweat t'u,aesi,ica a.na.w.rd.wramrs d'144 "'(1rye b W paid • • ' PUBLIC TRUSTEE'S D::ED . . • _i .. . .W....,.e ..,.e. ...... #2226 • • • • 1' . ' limy fa•"S(lrvw a r ( • " ill 1 1r, I •• • • • y ri B 1187 REC 02133308 03/08/88 15:03 $6.00 2/002 F 1891 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO , • exhibit A , • • A trace of land 1s the East 1/2 of the SE1/4 of Section 7, Township i 1 1 ' > I. North., Range 68 vest of the 6th P.N., described as fellows; . • Beginning at + found 0S618 brass cap which is the East 1/4 corner of � . said Section 7; thence South 2'49' Ease, aloeg the East line of the _ ' 1 '' Southeast Quarter of said Section 7 ow a course toward a found QSQI( • brass cap at the Southeast corner of said Section 7 a distance of 959 feet: • ' thence Westerly parallel to the North line of the Southeast 1/4 of a - said Section 7, Notch 89'36'44' West, 69.91 feet to the True Pero. of Beginning and the save point of beginning as described in took 618. I 11540256; F ): Thence North 89'36'44" West parallel co the Notch line of the Southeast 1/4 of Section 7 a distance of 620 feet to the.East,line of . a tract of land described in Book 597, 11518700; thence Southerly along said tract described in Book 597, 11518700 South 0 2'8'6•' East. 418 feet to a point on the North right-of-way line of the '' U.P.R.R. (said R.O.W. being 200 feet Erns centerline of said R.R.); Ch.nce Easterly along said North right-of-..ay of the U.P.R.R. 624.04 feet j• ' ' 1 to a point on the Westerly right-of-way line of a County road: -i thence Nort`ierly along the Westerly right-of-way line of county road. 181 feet co the True Point of Beginning. County of Weld. Scace of Colorado. Purported :onion Address: 4285 weld County Rd. 13. Erie, Colorado 1 , l . y • • • a 1" ' : t •III • ntlitattZ v * 4 AR2160014 - B 1214 REC 02160014 10/27/88 14:45 $6.00 1/002 F 0615 MARY ANN PEUERSTEIN CLERK & RECORDER WELD CO, CO 1 • T THIS DEED, Made this 21 day of October Reco+4A gtaaV . HI 88 ,between .- et • ,; BENJAMIN FRANKLIN SAVINGS ASSOCIATION Sroro Qoamm Dote C . -numeration they organized and existing under and by virtue of tae laws of $ e . TEXAS the state or of the first part,and CYNTHIA ALICE MEININGER . • ', ' whose legal address t, 4285 Weld County Road 9 3 Erie , Colorado 80516 of fin Said County of Weld and State of Colorado of the second part: .. ' • WITNESSED*That the said party of the first parr,for and in consideration of the sum of $100,000.00 ONE HUNDRED THOUSAND AND NO/100THS DCluRs,a , to the said party of the first part In hand paid by the said part y of the second art,the receipt whereof Is . • • hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by them presents does grant, bargain,sett convey and conffirm unto the said art y of the second part, her heirs and assigns t forever,all of the following described lot or parcel of la County of WELDrlQ situate,lying and being in the said a and stab of Colorado.to-wit: cola- SEE LEGAL DESCRIPTION ATTACHED ' • • { :11;1;i:)!!.!;(;)-C1.:7;..;'L-I-..-LI.:::11 . 4 also known as street and number 4285 Weld County Road 13 A. •r . TOGETHER with all and singular the hereditament, and appurtenances thereunto belonging. appertaining,and the reversion or reversions,remainders, rents, issues and profits thereof;and all the estate,right,title, interest,claim and demand whatsoever of the said any of the first art, either in law or equity,of, In and to the above bargained premises, with the heredlu,nenta and appurtenances. v • TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances.aidpart said ces, unto the y of the second pen, her heirs and assigns forever.And the said BENJAMIN FRANKLIN SAVINGS ASSOCIATION t , and it,successors,don covenant,grant,bargain and agree to and with the said 7 ny o/the first ease, n itself, . - - her heirs and an, an of the second art, gns,that at the time of the ensealing and delivery of these presents it is well • seized of the premises abut• conveyed, as of a good, sure, perfect absolute and indefeasible estate of inheritance, • • in law, In fee simple, and has good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former apt other rata tartsiv.sales, liens, taxes, assessments and Incumbrancea of whatever klcd or nature aoe [apt $enefaI taxes for the year 1988 and subsequent years, subject to easement, restrictions, •. ' _ reservations and cotenants of record or in existance if any; • • and the above bargained po•mises in the quiet and peaceable possession of the said part y of the second pan her heirs and assigns,against all and every person or persons lawfully claiming or to claim the whole or any part thereof,the said party of the first part shall and will WARRANT AND FOREVER DEFEND. • • . IN WITNESS WHEREOF, The said party of the first pan ht, caused its corporate name to be hereunto • subscribed by its Vice • sPresident, and its corporate seal to be hereunto affixed, attested by it,Secretary. the day and year first above written. t Attest: , / ers. n / 'Ctr l% (_ BENJ IN FRANKLIN SA N6S�SSOCIATION e • Ra[ eec, r en Oc wood, es a an Secretary . • r ' - STATE OF COIXRP aX TEXAS ' r County of • 'ARRI$ ss. W. C. Pickens, Senior Vice newt?"' , The foregoing instrument•.:n acknowledged before me this 25th day of • 19 88. by W. C. Pick toa tic:fiber • ton motto +Senior Vice Presiders and • Karen Oakwood • i • .''p•RY PUeis% FOR BC IJAMIN FRANKLIN SAVINGS ASSOCIA1Oltseletanc �ernc�n of��, ^ • • • /' commission expirespexpiress• • `IT. ' oorporaunn. My notarial . . . /'\ - Witness my hand and official seal a 41 . • "L^•. tat., • I� - My CommArion Expires: 10.24.90 • v 4,�otf.iE -- t• ,,,1 QNr'LITER WARRANTY DEEfl—Coerow.nor.'—oacus ..,< , „�,..,. a% - a.W,'VedA�o n et.... . . . ' t " (_•�(6iv-i •• l • • IL.. a , ia { ! • ; i Ii. 4 • .• .( r e • • i • __• EXIIIBITA ROC LN• (CO:0mM B 1214 REC 02160014 10/27/88 14:45 $6.00 2/002 • F 0616 MARY ANN FEUERSTEIN CLERK I RECORDER WELD CO, CO .. A TRACT OF L-1ND IN THE EAST 1/2 OF 118: SE 1/4 OF SECTION 7, TOWNSHIP 1 NORTH, . RANGE 68 WEST OF THE 61H P.M., IESCRIBED AS EOLUMS: BEGINNING AT A FUND tEBDFI BRASS CAP WHICH IS THE FAST 1/4 CORNER OF SAID • • SFCTICN 7; THENCE SOUTH 2 IEQCEE.S 49 MINUTES EAST, ALECG THE EAST LINE OF 111E • ' - SOUI7E:AST QUARTER OF SAID SECTION 7 ON A CURSE TOWARD A FOtND USES BRASS Y ' CAP AT THE SOUTHEAST O3RNEN OF SAID SECTION 7A DISTANCE OF 959 FEET; THENCE • +. . la? PARALLEL 10 THE NORTH LINE OF THE SOUTHEAST I/4 OF SAID SECTION 7, . NORTH 89 IEGRI•FS 36 MINUTES 44 SEDOND6 WEST, 69.91 FEET TO THE TRtE POINT OF EmINNING AND THE SAME POINT OF BEGINNING AS DEEC'RIDED IN BOOK 618, 815402.56; 'IHEIG" NORTH 89 DEGREES 36 MINUES 49 SEA,•:D6 WEST PA_RALt-=1„ TO THI'. NORM; LPT'. OF THE .30LSI:AST 1/4 OF STLU_ION 7 A DISTANCE OF 620 FELT TO THE UST LDIE DI' • . A TRAa OF I/JND DESCRIBED IN BOOR 597, 8.516700; THENCE SOUIHERLY ADC W3 SAID .�, • " •• TRACT LCSCRIBED IN BOOK 597, 81518700 SOUTH 2 CECREES 8 MINUTES 6 SECONDS EAST, 1 1' •- .. . 418 MET 10 A POINT CN ME NORTH RIGHT OF WAY LINE OF THE U.P.R.E. (SAID R.O.W. '.• BEING 200 FELT FR)M CENTERLINE OF SAID R.R.); THENCE EASTERLY AIGNG SAID NORDH - 1 ,,i RIGHT OF WAY OF THE U.P.R.R. 624.04 FEET TO A POINT ON THE WESTERLY RIGHT or Nil LINE OF A COMITY RAND; THENCE NORTHERLY AILING THE WESTERLY RIGHT OF WAY LINE OF CCUNIT !MD, 183 FRET TO THE TFUE POINT OF BEGIDNING, MINTY OF WELD, •. ••�� '. STATE OF COLORADO. /)`; J i,! , • 4 , . , { l .. • • •• r •. •• - • • Y. . FMC CCM 7J(;;;DR A .• Yid:NIL • . T - B 137 EC 02325466 03/17/93 16:06 f5.^0 1/001 5 AR2325461. F 092. .'ART ANN FEDERSTEIN CLERK i RECORDEr LD CO, CO ',; WARRANTY DEED 2 '/ F` 4 f 1: THIS DEED, M di this 15th day of HAKE + -t h-.'a ' a 1 between I N�i17'1 A ALICE h47NINGER STALE NK FEE , i . 1 a of the County of WELD and Stitt of COLORADO,grantor,and Ms j• ?I',' :: ARTHUR G.DOGARDUS ad VICKIE L■OGARDUS '4_..— j, 1 .whose legal address is 4235 WELD COUNTY ROAD 3, `� ;? 4-,',., ,„ ERIE,COLORADO 30516 e of the County of WELD and State of COLORADO, grantees: „„ WITNESS.N HUNRED ed that grantor. or and in consideration of the sum of ONE IIUNDR1D FOURTEEN s .7: THOUSAND 00/1001h. DOLLARS, ($114,900,00), the receipt and sufficiency of 11.49 which is hereby acknowledged, has granted, bargained, sold and conveyed,and by these presents does grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, not in fenny In common • bit In Joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the County of WELD. and State of Colorado, described as follows: A Tract el lead in the Net 1n el the tat/4 et seetta 7. township I Perth. Nap N Veer et the Nh IA., bed a ftllmr 7 x ; Neisalag at A PUline sea which MUSS CAP ee\le the last 1//senor el said ,� ,„ hello as lr these lt\2 4sane. slates slat last. slag the last line el the o is Nethee.t Porter M a a e. a m 011114id cti 1 a coarse trd A PO011114 MSS " ' CAP at the Southeast eeeor of said Settles 7 a distance of 731 Not: thas. r )ih Ve w said c atarly parallel es the Perth lies of the ttheset 1/4 el ll lacti 7. Perth II MIMS 3e adatse 44*steels Vest 0.91 fat to the Ern h et P-: Ngtalag eel the sass pint of hesitate,a described la Seek 015. RUa07Sft' t? ' theme Perth S/learns 36 Mato 44 anea.Vest parallel is the Perth time L G. i .1 taddiets*gthat 1/4 el Settles 7 a diete of 070 feet to the Lest i el LS' a Tract of 101 described la Seek 317, 11131000; these.lwtherly slag said e Treat Mouthed L Seek 317. 1/31/700 lath I agree S alases d serest Net. _ 415 Iset is a pint a the Perth tight of coq lies el theO.r.R.a. (ad 1.0.v. 1 4 fs halad 200 feet Sr..easterlies el said SA.); then.leeasly alas sad North _ , r ` Mail of Vey el the S.P.A.!. 521.04 fan to s petit a the Vainly Rifle el Vey line of.Canty Nell these.Vertherly slay the aaterly lied M Vey -',_ lb.el Cewty Used. IN fat to the Tan Petal e/Ngtalage Canty el Veld. T State el Colere/Q. also known by street ad number as 4215 Y/ELD COUNTY ROAD 3,ERIE, COLORADO$0515 f' TOGETHER with all and singular the hereditament. and appurtenances thereunto belonging,or la anywise i t •appertaining and the reversion and reversions,remainder and remainders, rents, issues and profits thereof,and all ' p-; the mtate,right,title, interest,claim and demand whatsoever of the grantor,either in law or equity,of. is and .a to the above bargained premises, with the heraditamenta and appurtenances. - .1/4., L. < the J TO HAVE AND TO HOLD the said premises above bargained and described, with t appurtenances, unto g V the grantees,their heirs and assigns forever. And the grantor,for himself,his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the caseating and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, ''r perfect,absolute and indefeseible estate of inheritance, in law, in fee simple,and has good right,full power and x I lawful authority to grant, bargain,sell and convey the same in manner and form aforesaid,and that the same am , r i"i free and char from all former and other grants, bargains, sales, (lens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except for taxes for the current year, a lien hat not yet doe or payable.ramnts,restririlon, reservations,covenants and rights-of-way of record, If any, F' The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises a tthe q# and peaceable possession of the grantees, their heirs and assigns,against all and every person or persons lawfully �y" claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular,and the use of any gender shall be applicable to all gander. IN WITNESS WHEREOF the grantor ha executed this deed on the date set forth above. , s �14>ti. ., C IA ALICE MEI:UNGER M' ST fat OB.WtO I�DO )a. tsi `{tdrtgyA /JIS ) • in� untnt was acknowledged before me thisRque,Fel0I 15th day of MARCL b 1993 r EININGER . ..[dprn rp%¢,pHn. 6/26/96 my hats and FIRSTALIEWAN ry Miss lie.,Y, ,' 11'00248 _ 14LIA.Iv.,WARRANTY DUD Os NM Tarry Ik70iAGE 714E RECORDED EXEMPTION AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Parcel of land located in the East 1/2 of the SE 1 /4 of Section 7, Township 1 :;orth, Range 6, 'jest of the 6th P.L. STATE OF COLORADO ) ss COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred feet of the property under consideration. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld county Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty days of the application's submission date. .414 The foregoing instrument was subscribed and sworn to before me this /VA day of -Tuki , 1933. WITNESS my hand and official seal. My Commission Expires: 9_3.95 ALA ✓�-\ Win k-J Notary Public NAMES OF PROPERTY OWNERS WITHIN 500 FEET NAME MA 1 L I NU ADDRESS i-SSESSOR`.S Ernest E. & Clementine C . Vendegna 4203 WCR 1-1/2 , Erie CO 80516 1467-07-0-00-029 i7--0-0 Y�i-r.?29 Ernest M . & Cheryl A . Vendecana 420 WCR 1-1/2, Erie, CO 80516 146 /-07-0-00-028 Union Pacific Land Resources Corp P.O . Box 2500 ,, Broomfield CO 80020 1467-07-0-00-017 Vernon H. & Winifred M . Rein Trustees 0770 WCR 10 .5 ,, P .O . Box 281 , Erie , CO 80516 1467-07-0-00-024 Robert H. & Maragret H . Ihrig i g P.O. Box 480, Erie, CO 80516 1467-07-0-00-025 Lynn W. & Phyllis J . Wright t P.O. Box 434 , Erie , CO 80516 1467-07-0-00-005 ( --t J05 Danny R . r. ..iui i B. Lunsf ord P .O. Box 397 , Erie , CO 80516 1467-07-0-00-022 Dennis D . Montague 2121 W. 84th Ave . , Denver , CO 80221 146V-08-0-00-013 RECORDED EXEMPTION AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE ESTATE Application No. I Subject Property SEA Ai iAcAta Eac sa STATE OF COLORADO ) ) ss COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land under as their names appear upon the records in the Weld County Clerk and Recorder's Office or from an ownership update from a title or abstract company or an attorney. The foregoing instrument was subscribed and sworn to before me this day of , u1v , 1915 WITNESS my hand and official seal. My Commission Expires: 21411,14/1 ea-41.4.01,1 Notary Public CtB�T A ' NAMES OF MINERAL OWNERS AND LESSEES OF MINERALS Please print or type NAME ADDRESS, TOWN/CITY, /n� STATE AND ZIP CODE unitorJ YALIFic LAu(Y E t12c>: Cot2P P• 0 , eat 2500 L IPI[x-ARttLA Cb Safo 020ugg LEFT Post Office Box 210, Niwot, CO 80544-0210 N4NO- OIBTRICT I (303) 652-2188, Metro (303) 443-2036 July 12 , 1993 Mr. Arthur G. Bogardus P. 0. Box 382 Erie, CO 80516 Re: Meter Number 87 122 11 I5 Ek SE, Sec. 7, T1N, R68W (front half of property) 4285 Weld County Road 3 TO WHOM IT MAY CONCERN: The property referenced above is within the "service area" of Left Hand Water District. The tap fee for the above named property has been paid. This entitles one living unit to receive water service at this location. If you have further questions regarding this matter, you may contact me at the District office. Sincerely,Claerailri9lJames M. Dickey General Manager /rr ___ • / Post Office Box 210, Niwot, CO 80544-0210 019TRICT I (303) 652-2188, Metro (303) 443-2036 July 12, 1993 Mr. Arthur G. Bogardus P. O. Box 382 Erie, CO 80516 Re: Ek SE; Sec. 7, TIN, R68W (back half of property) TO WHOM IT MAY CONCERN: The property located at the above legal description is within the "Service Area" of Left Hand Water District. When all conditions and requirements are met, water service would be available to the above stated area. This entitles one living unit to receive water service at this location. There is a specific time period for completion of the tap. Failure to comply to any of the conditions within the stated time period would cause the request for water service to be void. Sincerely, ames M. Dickey i General Manager /rr 220991 REFERRAL LIST NAME: Arthur G. and Vickie L. Bogardus CASE NUMBER: RE-1527 REFERRALS SENT: July 29, 1993 REFERRALS TO BE RECEIVED BY: August 12, 1993 COUNTY TOWNS and CITIES Attorney _Ault X Health Department _Brighton _Extension Service _Broomfield _Emergency Management Office Dacono _Sheriff's Office Eaton Engineering X Erie _Housing Authority _Evans _ _ Airport Authority Firestone _Building Inspection _Fort Lupton STATE _Frederick _Garden City _Division of Water Resources Gilcrest _Geological Survey _Greeley _Department of Health Grover _ _Department of Transportation _Hudson _Historical Society _Johnstown _Water Conservation Board _Keenesburg __Oil and Gas Conservation Commission _Kersey FIRE DISTRICTS _La Salle _Ault F-1 Lochbuie Berthoud F-2 Longmont _ '— _Mead Briggsdale F-24 Milliken _ Brighton F-3 _New Raymer _Eaton F-4 _Northglenn _Fort Lupton F-5 Nunn Galeton F-6 Pierce _ _Hudson F-7 _Platteville ____Johnstown F-8 Severance La Salle F-9 _ Mountain View F-10 Windsor Thornton _ _Milliken F-11 ____Nunn F-12 COUNTIES _Pawnee F-22 _Adams _Platteville F-13 _Boulder _Platte Valley F-14 Larimer ____Poudre Valley F-15 _Rayner F-2 FEDERAL GOVERNMENT AGENCIES _Southeast Weld F-16 US Army Corps of Engineers _Windsor/Severance F-17 _ Wiggins F-18 Federal Aviation Administration USDA-APHIS Veterinary Service _ _Western Hills F-20 _Federal Communication Commission OTHER SOIL CONSERVATION DISTRICTS ____Central Colo. Water Conservancy Dist. _Brighton __Panhandle Eastern Pipe Line Co. ____Fort Collins _Tri-Area Planning Commission _Greeley Longmont West Adams COMMISSION/BOARD MEMBER oflfl ill ii((1.1mEmoRAnDum WI Gloria Dunn To Weld County Planning Dote August 4, 1993 COLORADO John S. Pickle, M.S.E.H. , Director, Environmental HeaLIC) From SubiectCase Number: RE-1527 Name: Bogardus, Arthur & Vicki Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed home septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 2. An Individual Sewage Disposal System permit must be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. JSP/lam- 1512 i&rwip. t,r1,r^ S , �3 i 40. OP nu•0040 A. TOWN OF ERIE • a 645 BOX ERIE,COLORADO 80516 LOCAL(303)828-3843 METRO(303)665.3555 0 0 II August 8, 1993 Gloria Dunn, Planner Department of Planning Services Weld County Administrative Offices 1400 N. 17th Avenue Greeley, CO 80631 Referral : case number RE- 1527 Dear Gloria Dunn: This referral was received too late to be included in the most recent Planning meeting agenda. The next meeting date is later than the County response request deadline. The Erie Planning and Zoning Commission was not afforded the opportunity to review the submitted material . However, the applicant did attend the meeting and briefly explained the referral . The Commission did not find any problems with the request and instructed Erie Town staff to review and provide any additional comments. A minor correction in the application is that Erie is approximately one half mile from the property, not 2 - 3 miles . Is the property to remain zoned Agriculture? If so, does the proposed use fit this zoning? This site may be sloped to Coal Creek . Erie would be concerned that any use not be conducive to soil erosion. Much of the soil in this region has expansive clay. It is our experience that septic systems for two acre parcels are much more difficult to design properly. If much additional subdivision of land occurs in this area it would be cost efficient to annex into Erie and run a sewer line to the Erie sewer plant, less than one half mile away. A requirement that newly subdivided lands connect into any future sewer lines may be wise. SEC DIVE Aug121993 11 wee Crenty PI POLICE DEPT. P.O.BOX 510 METRO(303)449-3156 LOCAL(303)828-3200 LONGMONT FIRE PROTECTION DI 44p4 Additionally, the Erie comprehensive plan prefers rural density of approximately 5 acres minimum. The comprehensive plan is only a guide to identify an ideal proposal . Therefore, the Commission would not likely oppose the project merely by this conflict. The Town of Erie supports a citizens right to use their property as long as it does not negatively affect the health and safety of other citizens. Erie does not oppose this application however, provides some "food for thought" for Weld County. The County should consider proposals that provide a way for rural families to divide their lands so that the family unit can be located close together . However, with each subdivision of land additional burden is place on the County for basic service, like road maintenance. In any proposal like this, the County should compare these proposals with a predetermined master plan of desire densities, county willingness and ability to serve the area with services. If this proposal fits within County plans we are in support of the application. Sincerely, --- ,AP11 21644 Scott A. Hahn Erie Town Administrator 930996 r� • �t DEPARTMENT OF PLANNING SERVICES I D PHONE (303) 353-3845, EXT. 3540 C• WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO Date : July 29 , 1993 CASE NUMBER : RE - 1527 TO WHOM IT MAY CONCERN : Enclosed is an application from Arthur G . and Vickie L . Bogardus for a Recorded Exemption . The parcel of land is described as part of the E2 SE4 of Section 7 , T1N , R68W of the 6th P . M . , Weld County , Colorado . The location of the parcel of land for which this application has been submitted is approximately 1 mile north of the Town of Erie ; west of Weld County Road 3 and north of Weld County Road 10 . 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 August 12 , 1993 , so that we may give full consideration to your recommendation . Please call Gloria Dunn , 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 . 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 : Agency : Date : e ,a991 '�, /,://l / \ -:\ `sue 1 n r 1 . I,. -' - -., , I\\ li It '� I _ - _ '/ / 1 I XT� �/I; i . 50,3 - -- i - . ( / _---‘,-,o0,' . 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