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RESOLUTION
RE: ACTION OF BOARD CONCERNING MINOR SUBDIVISION FINAL PLAT (WHITETAIL #2) -
IVAR AND DONNA LARSON
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 held a public hearing on the
23rd day of February, 1994, at the hour of 10:00 a.m. in the Chambers of the
Board for the purpose of hearing the application of Ivar and Donna Larson, 925
North County Road, Route 1, Berthoud, Colorado 80513, for a Minor Subdivision
Final Plat (Whitetail #2) on the following described real estate, to-wit:
Part of the Ek of Section 14, Township 4
North, Range 68 West of the 6th P.M. , Weld
County, Colorado
WHEREAS, at said hearing on February 23, 1994, the Board deemed it
advisable to continue said matter to March 9, 1994, at which said matter was
again continued to March 16, 1994, 10:00 a.m. , to allow the presence of the
applicants' attorney, and
WHEREAS, at said hearing on March 16, 1994, John Chilson, Attorney,
represented the applicants, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the
recommendations of the Weld County Planning Commission and all of the exhibits
and evidence presented in this matter and, having been fully informed, finds that
this request shall be denied for the following reasons:
1. There would be only one road in and out of the subdivision, with no
emergency access.
2. Weld County does not have the funding to bring Weld County Road 46
up to the necessary standards, and Weld County Road 46 is not
currently adequate in functional classification, width, and
structural capacity to meet the traffic requirements of the
subdivision.
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F 1858 MAR? ANN FEUERSTEIN CLERK & RECORDER WELD CO , CO
940262
C�c : /az.; Zarscn;O,Lsea
MINOR SUBDIVISION FINAL PLAT - LARSON (WHITETAIL /f2)
PAGE 2
3. It is the opinion of the Board of County Commissioners that the
applicants have not shown compliance with Section 4.5. 16 of the Weld
County Subdivision Ordinance as follows:
a. The proposed Minor Subdivision Final Plat is not consistent
with the Weld County Comprehensive Plan, which compliance is
required by the express terms of the Weld County Subdivision
Ordinance adopted pursuant to State law and the Weld County
Home Rule Charter, and is not compatible with the surrounding
area of rural residences and agricultural uses.
b. This property is zoned A (Agricultural) . The Agricultural
Zone District was established to maintain and preserve the
agricultural base of the County. This proposal will take 191
acres of farm land out of production. The Comprehensive Plan
attempts to minimize the incompatibilities that occur between
agricultural and urban uses, and this request will not only
increase incompatible uses, but it will make current farming
practices in the area far more difficult.
c. The Comprehensive Plan discourages the conversion of
agricultural land to urban uses. This policy is intended to
promote the use of agricultural land and to support a phased
growth plan in the County. While low density single-family
residential developments have been permitted in the area it is
not a policy which is encouraged by the Comprehensive Plan.
d. The potential for increased interference with the neighboring
rural uses is probable. Additionally, maximum efficiency and
economy cannot be achieved because the cost of this
development will be far greater for the general public than
any revenues generated by this development. The proximity to
the river creates an issue as to contamination from a
concentration of septic tanks.
e. The Weld County Comprehensive Plan encourages minimizing the
costs to taxpayers but providing additional public services in
rural areas for uses that require services on an urban level.
Police and fire protection, as well as public road maintenance
provided to non-urban areas, becomes increasingly less cost
effective as rural areas continue to be subdivided.
f. There are four soil types located on this site, three of which
are identified as prime farmland if irrigated with adequate
water. Two of these soils, Nunn Clay Loam 1-3% slope, and
Weld Loam 3-5% slope are considered to have high potential for
3 1434 REC 02381582 04 CI 16 : 52 30 .
F 1859 MARY ANN FEUERSTE:N o::?. RE ::2 WE:: Co , CO 940262
MINOR SUBDIVISION FINAL PLAT - LARSON (WHITETAIL #2)
PAGE 3
dry crop land as well. These soils have been further
classified as "farmlands of statewide importance. " (U.S.
Department of Agricultural Soil Conservation Service)
September 7, 1993. It is not the policy of the Comprehensive
Plan to convert these farmlands into urban uses. These lands
are more than adequate for farm production. The past
limitations on the use of the property as productive farm
ground were related to poor farming practices, not poor farm
ground. The last year of farming using a sprinkler by the
applicant proved that the land is productive and prime land
when properly farmed. The applicant did not show that the
soil drainage and erosion problems interfered with farming
practices.
g. The current general use of the surrounding area is
agricultural. The Centennial Farm is located close to this
site. The scale and density of this proposal far exceeds the
current nature of the area. Based on census data this site
will generate 34 additional people in this area. With an
increase in density, noise levels, and traffic generated, the
general overall appearance of this area will change from rural
to urban.
h. The applicants are proposing to subdivide 191 acres of
farmland into 12 acreages with an average lot size of 15
acres, more or less. However, in a previous application
(Mountain View) the applicants stated the difficulties they
were having in farming their 25 acre farm. Staff is concerned
with this contradiction, if they are not able to adequately
farm their small farm then how will the owner of Whitetail
lots be able to farm similar size lots.
i. This proposal does not encourage the preservation of
agricultural uses in Weld County.
Staff has received verbal opposition to this request and 11 letters
of clarification. The surrounding property owners are concerned
about preserving their rural lifestyle, the impact this development
will have on their present farming practices, and the increase in
density this subdivision will produce.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Ivar and Donna Larson for a Minor
Subdivision Final Plat (Whitetail #2) on the hereinabove described parcel of land
be, and hereby is, denied.
3 1434 REC 02381582 04/01/94 _6 : 53 30 . - /0C
F 1360 MARY ANN FEUERSTEiN LERX i< RECORDER ;JEE: cJ , rC 940262
MINOR SUBDIVISION FINAL PLAT - LARSON (WHITETAIL #2)
PAGE 4
The above and foregoing Resolution was, on motion duly made and seconded,
adopted p 0fifollo ing vote on the 16th day of March, A.D. , 1994.
i' BOARD OF COUNTY COMMISSIONERS
ATTESTS
a447 WELD COUNTY,, COLORADO
Weld Co Clerk to L he Board /(7( IL';
`1 C ll
W. H. Webster, C airm n �
/ / u C ei
BY:
/C
Deputy `lerk to the Board
Dale Ha Pro-em
Cr
APPRO S TO FORM: Vtt
C
eozAe . Baxter
County Attorne Constance L. Harbert 44-4 Barbara J. Kir yer
B 1434 REC 02381582 04/01/94 16 : 53 $0 . 00 4/004
F 1861 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
940262
Hearing certificate in
Whitetail # 1
940 =
INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION
Applicant: Ivar and Donna Larson Case Number: S-349
Whitetail #2
Submitted or Prepared
Prior
to Hearing At Hearing
1. Application 101 pages X
2. 1 Application plat 3 pages X
3. DPS referral summary sheet and letter X
4. DPS letter to applicant X
5. DPS Recommendation X
6. DPS Surrounding Property Owner/Mineral Owner
Mailing list, letter and certificate. X
7. 3 DPS Maps Prepared by Planning Technician X
8. DPS Notice of Hearing X
9. DPS Case File Summary Sheet X
10. DPS Field Check X
11. Planning Commission member field check X
12. Referral from the Town of Johnstown November
24, 1993 X
13. Referral from the Weld County Sheriff's Office
November 22, 1993 X
14. Referral from the Weld County Extension Office
November 22, 1993 X
15. Referral from the Johnstown Fire Protection
District November 27, 1993 X
16. Referral from the Colorado Wildlife Conservation
November 30, 1993 X
17. Referral from the Colorado Oil and Gas Commission
December 6, 1993 X
18. Referral from the Weld County Health Department
December 2, 1993 X
19. Intermill Land Surveying (letter from S-333 and
S-334) X
20. Department of Planning Services Field Check
December 2 , 1993 X
21. Planning Commission Sign Posting Certificate X
22. Referral from the Assistant County Attorney
Lee Morrison November 30, 1993 X
23. Referral from Gerrity Oil and Gas Corp
December 20, 1993 X
24. Referral from the Weld County Engineering
Department December 16, 1993 X
x/r/Gv1 i1 940262
INVENTORY OF ITEMS
Ivar and Donna Larson
S-349, Whitetail #2
25. State of Colorado Geological Survey December
16, 1993 X
26. Letter from Michael and Barbara Soleta December
16, 1993 X
27. Letter from Lorraine and Albert Michell December
16, 1993 X
28. Letter from Allen Sittell December 20, 1993 X
29. Letter from Guy W. and Bertha Bryant December
20, 1993 X
30. Letter from Wade and Dan Dones December 20, 1993 X
31. Letter from Mark Van Thuyne December 20, 1993 X
32. Letter from R.B. Fickel D.D.S. December 20, 1993 X
33. Letter from Lawrence Barker, Marie Schlautman,
and Florin and Sally Schlautman December 18, 1993 X
34. Letter from Gene and Evelyn Ostermill December
19, 1993 X
35. Letter from Glenda Moore December 20, 1993 X
36. Letter from Bacon Lakes Farm December 20, 1993 X
37. Staff handout Soil Survey of Weld County December
21, 1993 X
I hereby certify that the 37 items identified herein were submitted to the
Department of Planning Services at or prior to the scheduled Planning
Commission hearing. I further certify that these items were forwarded to
the Clerk to the Board's office on December 27, 1993.
Monica Daniels-Mika, Current Planner
STATE OF COLORADO )
COUNTY OF WELD ) nn
SUBSCRIBED AND SWORN TO BEFORE ME THIS 4.197 ' day of 41 c ntbw 19 `x' .
SEAL
CD/LA
4Th( it,
NOT Y PUBLIC
My Commission Expires //) /9
940262
MINOR SUBDIVISION FINAL PLAT APPLICATION f
Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631
Phone: 353-3845, Ext. 3540
FOR PLANNING DEPARTMENT USE ONLY:
CASE NO. APPLICATION FEE
ZONING DISTRICT RECEIPT NO.
DATE APPL. CHECKED BY
TO BE COMPLETED BY APPLICANT: (Print or type only except for required
signatures)
I (we) , the undersigned hereby request the Department of Planning Services to
review a minor subdivision final plat on the following described unincorporated
area of Weld County. LEGAL DESCRIPTION:
That portion of the East Half of Section 14, T4N, R68 W of the 6th P.M. ,
County of Weld as described on the attached sheet.
(If additional space is required, attach an additional sheet) .
NAME OF PROPOSED MINOR SUBDIVISION Whitetail Acres 2 (Previously called AgView Estates II)
EXISTING ZONING Agriculture
TOTAL AREA (ACRES) 86,92± Acres NO. OF PROPOSED LOTS 6 (Six)
LOT SIZE: AVERAGE 14.5 i Acres MINIMUM 8.0 ± Acres
UTILITIES: WATER: NAME Little Thompson Water District
SEWER: NAME On-lot septic
GAS: NAME Propane
ELECTRIC: NAME Public Service
PHONE: NAME U.S. West Communications
DISTRICTS: SCHOOL: NAME Johnstown RE-5J
FIRE: NAME Johnstown Fire District
NAME OF APPLICANT Ivar W. Larson PHONE (303) 532-3361
ADDRESS 925 N. County Line Road, Rte. 1, Berthoud, CO 80513
NAME OF APPLICANT PHONE
ADDRESS
NAME OF APPLICANT PHONE
ADDRESS
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. caner or Aut prized Agent
Subscribed and sworn to before me this A740 day of s'lq,,,/z&, , 19a.
(SEAL)
96j, i
Notary Publi
My Commission Expires /7- ..93e
ppe) lT
1 940262
3
MINOR SUBDIVISION FINAL PLAT
AFFIDAVIT OF INTEREST OWNERS
SURFACE ESTATE
Application No. S-334
Subject Property Whitetail Acres 2 . previously known as AgView 7,
being a portion of the East Half of Section 14, Township 4
North, Range 68 West of the 6th Principal Meridian, Weld County
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.
f
Diana R. Wolenetz
The foregoing instrument was subscribed and sworn to before me this
17*h day of November , 19 93 WITNESS my hand and official seal.
My Commission Expires: 11-30-96
Notary Public O
940262
NAMES 01 AOPERTY OWNERS WITHIN 500 FEET
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STATE AND ZIP CODE IDENTIFICATION r/
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940262
NAMES OF MINERAL OWNERS AND LESSEES OF MINERALS
Please print or type
NAME ADDRESS, TOWN/CITY,
STATE AND ZIP CODE
1 Ivar W. Larson and 925 N. County Line Rd.
Donna M. Larson, Tenants in Common Route 1
Berthoud. CO 80513
2. Ray K. Davis and Mary F. Davis as Joint Tenants 8470 Weld County Road 24
Ft. Lupton, Colorado 80621
3. Mary F. Wyscaver 3880 Vanteylingen #317
Colorado Springs, Colorado 80917
4. John Q. Moses aka Jack Mose 2716 South Golden Way
_ Denver, Colorado 80227
5. M. R. Diggs (Marshall R. Diggs, Jr.) 3981 South Dexter Street
Englewood, Colorado 80110
7. Frances M. Rutt 4521 Weld County Road 4a
Berthoud, Colorado 80513
8. Gerrity Oil and Gas Corporation 4100 East Mississippi Ave. Suite 1200
Denver, CO 80222
_ - _ 940262
THAT PORTION OF THE EAST HALF OF SECTION 14, TOWNSHIP 4
NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY
OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
CONSIDERING THE NORTH LINE OF SAID EAST HALF AS BEARING
EAST-WEST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE
THERETO:
BEGINNING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION
14;
THENCE ALONG SAID NORTH LINE EAST 926. 60 FEET TO THE TRUE
POINT OF BEGINNING;
THENCE LEAVING SAID NORTH LINE SOUTH 03°13'14" EAST 221. 02
FEET TO THE BEGINNING OF A TANGENT CURVE;
THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A
CENTRAL ANGLE OF 40°51'08" AND A RADIUS OF 349. 05 FEET, A
DISTANCE OF 248.87 FEET;
THENCE TANGENT FROM SAID CURVE SOUTH 44°04'22" EAST 308.40
FEET;
THENCE NORTH 88°41'22" WEST 42 .71 FEET;
THENCE SOUTH 44°04'22" EAST 115.09 FEET TO THE BEGINNING OF
A TANGENT CURVE;
THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A
CENTRAL ANGLE OF 45°23'00" AND A RADIUS OF 167.41 FEET, A
DISTANCE OF 132.60 FEET;
THENCE TANGENT FROM SAID CURVE SOUTH 01°18'38" WEST 200. 00
FEET;
THENCE NORTH 89°08'52" EAST 30.02 FEET;
THENCE SOUTH 03°00'54" EAST 969.57 FEET TO THE BEGINNING OF
A TANGENT CURVE;
THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A
CENTRAL ANGLE OF 07°56'17" AND A RADIUS OF 470. 00 FEET, A
DISTANCE OF 65. 12 FEET;
THENCE TANGENT FROM SAID CURVE SOUTH 10°57'11" EAST 147. 77
FEET TO THE BEGINNING OF A TANGENT CURVE;
THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A
CENTRAL ANGLE OF 31°04'38" AND A RADIUS OF 230.00 FEET, A
DISTANCE OF 124.75 FEET;
THENCE TANGENT FROM SAID CURVE SOUTH 20°07'27" WEST 68. 39
FEET TO THE BEGINNING OF A TANGENT CURVE;
THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A
CENTRAL ANGLE OF 66°12'33" AND A RADIUS OF 280. 00 FEET, A
DISTANCE OF 323.56 FEET;
THENCE TANGENT FROM SAID CURVE SOUTH 86°20'00" WEST 152.61
FEET;
THENCE SOUTH 11°58'48" EAST 901.67 FEET;
THENCE NORTH 89°16'03" EAST 740.00 FEET;
THENCE NORTH 55°38'31" EAST 805.63 FEET, MORE OR LESS, TO A
POINT ON THE EAST LINE OF SAID EAST HALF;
THENCE ALONG SAID EAST LINE NORTH 00°38'02" EAST 368. 00
FEET, MORE OR LESS, TO THE EAST ONE QUARTER CORNER OF SAID
SECTION 14 (AS MONUMENTED IN THE FIELD BY A 3" X 30"
ALUMINUM MONUMENT MARKED L.S. 11989) ;
940262
THENCE CONTINUING ALONG SAID EAST LINE NORTH 00°17'21" EAST
823 .36 FEET;
THENCE LEAVING SAID EAST LINE THE FOLLOWING EIGHT (8)
COURSES AND DISTANCES:
EAST 5.50 FEET;
NORTH 34°43'24" WEST 344.55 FEET;
NORTH 27°31'32" WEST 153.49 FEET;
NORTH 19°32'43" WEST 124.90 FEET;
NORTH 15°11'32" WEST 253.48 FEET;
NORTH 30°01'40" WEST 489.79 FEET;
NORTH 26°22'29" WEST 399.87 FEET;
NORTH 47°08'52" WEST 378.90 FEET, MORE OR LESS, TO A POINT
ON THE NORTH LINE OF SAID EAST HALF;
THENCE ALONG SAID NORTH LINE WEST 633 .57 FEET TO THE TRUE
POINT OF BEGINNING.
SAID PARCEL CONTAINS 86.92 ACRES, MORE OR LESS.
940262
Application Requirements
For
WHITETAIL ACRES 2
The following statements and attachments are in response to
the items listed as Application Requirements in the Minor
Subdivision Final Plat Procedural Guide. The statements are listed
by number as they appear in the Procedural Guide.
Item 1.
Please seethe attached application form.
Item 2.
This minor subdivision is in compliance with the Weld
County Comprehensive Plan. Please refer to the attached
letter from Intermill Land Surveying dated July 7, 1993. The
attached aerial view color photo illustrates the poor farmland
involved in these subdivisions. Lot 1 in both Whitetail Acres
1 and 2 keep the only farmable pieces intact.
Item 3.
The minor subdivision is located within a 3 mile radius
of the existing city limits of Johnstown, Colorado. Please
refer to the March 1, 1993 verification letter from Intermill
Land Surveying.
Item 4.
The Little Thompson Water District has made a commitment
to provide domestic water service to Whitetail Acres 1 and
Whitetail Acres 2. Please refer to the attached commitment
letter dated February 6, 1993 and the commitment extension
letter dated November 9, 1993.
Item 5.
The proposed sewage disposal system is that of individual
septic tanks for each lot of the proposed minor subdivision.
Percolation Tests were performed and the soils were determined
to be adequate. These septic systems will follow the
guidelines and criteria set forth in the Individual Sewage
Disposal System Regulations, as prepared by Weld County Health
Department. Please refer to the attached March 1, 1993,
engineering statement regarding percolation tests.
Item 6.
No hazardous soils exist within the proposed minor
subdivisions. The southern property line borders the Little
Thompson River and the property below elevation 4850 ' is in
the flood plain. The planned building sites are all located
above 4860 ' and a minimum distance of 150 ' west of the
centerline of the drainage swale below Schmidt Lake in the
Whitetail Acres I. No building sites will be allowed in the
southerly part of Lot Two (2) , Whitetail Acres I, in the Colby
Loam soil directly south and east of Schmidt Lake below the
940262
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lake outlet and easterly running irrigation ditch. For more
information, please refer to the attached geology report and
April 20, 1993, letter from the Colorado Geological Survey
Department.
Item 7.
All roads within the proposed minor subdivisions are to
be 24' wide with a road section consisting of 4" of gravel
with 6" of pit run. This road design will provide adequate
width and structural capacity.
Item 8.
All offsite streets or highways are adequate in
functional classification, width and structural capacity to
meet the traffic requirements of the proposed minor
subdivision. If off-site road improvements are required as a
part of the Final Plat approval, the applicant will address
those improvements.
Item 9.
The construction, maintenance, snow removal and other
matters pertaining to or affecting the road and rights-of-way
for Whitetail Acres 1 and Whitetail Acres 2 are the sole
responsibility of the land owners in the aforementioned minor
subdivisions.
Item 10.
Whitetail Acres 1 and Whitetail Acres 2 are not part of
a minor subdivision previously approved by Weld County.
Item 11.
There will be no on-street parking in the minor
subdivision.
Item 12.
The access to Weld County Road 46 from Whitetail Acres 1
and Whitetail Acres 2 will accomplished by an existing access
point to Weld County Road 46.
Item 13.
Ingress and egress to all lots within Whitetail Acres 1
and Whitetail Acres 2 will be to an internal road circulation
system.
Item 14.
As indicated in the Final Drainage Report, stormwater
detention will not be required. The existing drainage
facilities are adequate to convey the on-site and off-site
stormwater runoff. Please refer to the attached Final
Drainage Report for Whitetail Acres 1 and 2.
2
940262
Item 15.
All lots with the minor subdivision will be greater than
2.5 acres.
Item 16.
The maximum number of lots within the minor subdivision
will not exceed six.
Item 17.
The proposed minor subdivision will not cause an
unreasonable burden on the ability of local governments or
districts to provide fire and police protection, and other
services. Please refer to the responses from the Town of
Johnstown, Weld County Sheriff and the Johnstown Fire
Protection District.
Item 18.
Please see the attached title commitment dated November
12, 1993 and endorsement deleting two exclusions dated
November 17, 1993. Comments are as follows:
Item 9 - The 30 foot easement along Weld County section and
township lines is shown on the Final Plat.
Item 13 - The Panhandle Eastern Pipe Line right-of-way is
shown on the Final Plat.
Item--14 - The Development Standards mentioned were for a
horse, cattle and hog special use permit which would be
irrelevant now.
f ,.
Item 15 - Easements from the previous recorded exemption are
coordinated with current easements on the Final Plat.
Item 19.
The proposed use for the minor subdivision will be that
of single family residential housing with minor agricultural
use.
Item 20.
The items of concern expressed during the minor
subdivision sketch and our responses are as follows:
March 16, 1993 Memo from Drew Scheltinga
WCR 46 is an excellent graveled county road maintained
regularly by Weld County. Additional traffic load will be
insignificant as grading and maintenance are performed
periodically, especially after moisture is received,
regardless of traffic count. Most of the traffic will go west
3/4 mile to the frontage road along I-25 and the eastbound
traffic reaches a black topped road 1 1/4 mile from the
3
9402112
Whitetail Acres 1 and 2 access. The impact of this traffic is
insignificant compared to the traffic that now exists and this
county road is already designed for loaded farm truck and
rural traffic. The access to this development provides
excellent visibility and safety. A stop sign will be placed
at the exit for safety. The road plan conforms to the
geometric standards of the subdivision ordinance. A 60 foot
right-of-way has been platted along with the appropriate
easement and is shown on the Final Plat.
The storm drainage repairs have been completed since the
minor subdivision sketch plan was submitted and can now be
inspected by Mr. Scheltinga. It starts with a silt pond dam
that releases to Schmidt Lake which has been repaired with an
emergency overflow releasing into the drainage way. It
contains an elevation control pipe functioning as a principal
spillway and a separate drain gate valve. An independent
headgate and related pipe have been installed for irrigation
to each of the eastern lots that will be served by an
underground pipe and alfalfa valve risers. The offsite
drainage entering Schmidt Lake provides approximately 120
acre/feet of water annually and is supplemented by other
irrigation water deeded to the homeowners that can be ordered
through the Home Supply Ditch on an as needed basis.
The majority of the drainage improvements have been
completed. The end result is a network of detention/retention
control of storm runoff enhancing wildlife, wetland and
residential development. The only work item to be finished is
the installation of two parallel 36" CMP culverts where the
road crosses the drainage swale. (Please See the Road Plan) .
Elevations of all structures will be well above impact from
100 year storms and the Little Thompson flood plain. Please
refer to the Final Drainage Report and the attached
correspondence from the Department of Army, Corp of Engineers.
March 16, 1993 Memorandum from John S. Pickle, M.S.E.H. ,
Director, Environmental Health Department of Weld County.
Items 1, 2, and 3 regarding liquid and solid waste
storage and removal are addressed in the covenants.
Individual septic systems will be designed for each residence
according to the Weld County Individual Sewage Disposal
Regulations. Water supply for this development will be
provided by the Little Thompson Water District.
March 19, 1993 Letter from Marion E. Anderson, former property
owner, asking for a copy of the covenants.
A copy of the proposed covenants has been given to Mr.
4
94 07(7.9
Roger Steinke, the new property owner. The covenants have
been written so as to maintain equal to or better residential
housing and related building than the existing surrounding
properties.
March 22, 1993 Letter from Michael and Barbara Soleta.
Item 1 - The Soletas live on an approximately 15 acre lot,
smaller than some and similar in size and use to the proposed
lots in the Whitetail subdivisions.
Item 2 - Beef cattle and horses would probably be raised as
well as other agricultural uses on the Whitetail lots and
would be compatible with Soletas ' agricultural use for beef
cattle and horses.
Item 3 - Whitetail Acres is located 1/2 mile east of I-25 on
Weld County Road 46 in an area that is designed and maintained
for traffic. The addition of 12 families would constitute a
small percentage of the traffic on this road.
Item 4 - The Soletas' approximate 15 acre property would be
bordered by Whitetail Acres 2, Lot 1, which is 25 acres in
size with one residence allowed. There is a swale between the
two properties and the Whitetail building site would be at
such a distance from the Soletas' house that it is difficult
to understand how it could block their view.
Item 5 - This subdivision application is limited to six lots
and the covenants state that it is not subject to further
subdivision.
Item 6 - Whitetail Acres 1 and 2 will not require a public
sewer system and the Town of Johnstown, the Fire Department of
Johnstown and the Sheriff of Weld County have not expressed a
concern for cost of services. The cost impact to Weld County
would be less than the increased taxes will supply.
Summary - We do not find valid concerns that we can correct or
address.
March 29, 1993 Letter from Timothy T. Carey, Department of the
Army, Corp of Engineers.
This minor subdivision is designed around the existing
wetlands. Recent repair work has enhanced, restored and
continues to preserve the existing wetlands.
5
94 021,2
June 10, 1993 letter from Colorado Oil and Gas Commission.
There is one producing gas well in Whitetail Acres 2.
All building sites will be located at the required' distance
from the existing well.
Item 21.
The total number of lots proposed for Whitetail Acres 2
is 6.
Item 22.
The minor subdivision road circulation system consists of
a single road with access to Weld County Road 46 and a cul-de-
sac at end. The road is 24 feet wide with a 4" gravel surface
and 6" of pit run base. The borrow ditch will have 4 (H) :
1(V) side slopes with a depth of 2 feet and a minimum
longitudinal slope of 0.6%. There will be no on-street
parking within the minor subdivision.
Item 23.
There will not be a school site, open space or park
within the minor subdivision.
Item 24.
The applicant for this minor subdivision is not
dedicating land for schools, parks or other.
Item 25.
The Little Thompson Water District has committed to
serving the minor subdivision's water supply needs. Please
refer to the attached commitment letter dated February 6, 1993
and commitment extension letter dated November 9, 1993.
Item 26.
For each lot in the proposed minor subdivision, a septic
system will be designed to handle an average flow of 265 GPD
with a maximum flow being 150% of the average flow. The
design of the septic systems will follow the criteria and
guidelines set forth in the Individual Sewage Disposal
Regulations, as prepared by the Weld County Health Department.
Please refer to the attached engineering statement dated March
1, 1993.
Item 27.
Please refer to the attached letters from Public Service
Company of Colorado for electricity and the Little Thompson
Water District.
6
9402c2 •
Item 28.
The list of covenants for the minor subdivision is
attached. All easements within the minor subdivision are
shown on the Final Plat. The easements are as follows: 20
foot drainage and irrigation easements, 50 foot panhandle
Eastern Pipe Line Company Right-of-Way, 30 foot section and
township line easement, 25 foot postal, irrigation and utility
easement, 30 foot drainage, utility and lake access easement,
20 foot drainage and utility easement and 20 foot irrigation
easement. All residential structures will be within 50O feet
of a fire hydrant. No buildings or trees shall be located
within the future reserved right-of-way.
Item 29.
No access permit is required as a result of these
developments.
Item 30.
No ditch company agreements are required for this minor
subdivision.
Item 31.
There are no existing easements contiguous to easements
in the proposed minor subdivisions.
Item 32.
No subdivision improvement agreements were proposed by
the Planning Department. If required as a part of the Final
Plat approval, the applicant will address such improvement
agreements.
Item 33.
No offsite road improvements or agreements were required
for this minor subdivision. If required as a part of the
Final Plat approval, the applicant will address such
improvement agreements.
Item 34.
Please see the attached Final Drainage Report for
Whitetail Acres 1 and Whitetail Acres 2.
Item 35.
The certified list of names, addresses and parcel
identification numbers dated November 17, 1993 is attached.
Item 36. •
Ivar and Donna Larson own the mineral rights within the
boundary of the minor subdivision and these rights are leased.
Please refer to the attached Affidavit of Interest Owners
Minerals and/or Subsurface Estate.
7
•
940262
Item 37.
An erosion control plan was not required as a result of
the minor subdivision sketch plan.
Item 38.
Please see the attached Road Plan and Profile Drawings
and Cost Analysis.
Item 39.
The Paid Tax Receipt from the Weld County Treasurer is
attached.
Item 40.
No public dedications are a result of this minor
subdivision.
Item 41.
Please see the attached warranty deed.
8
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94(12r.2
MINOR SUBDIVISION FINAL PLAT
AFFIDAVIT OF INTEREST OWNERS
MINERALS AND/OR SUBSURFACE ESTATE
Application No. S-334
Subject Property Whitetail Acres 2. previously known as AgView 2,
being a portion of the East Half of Section 14, Township 4
North, Range 68 West of the 6th Principal Meridian, Weld County
STATE OF COLORADO ) 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.
(&-c--P4
^1 �_
Ivar . Larson Donna M. Larson
The foregoing instrument/ was subscribed and sworn to before me this
as day of L/Z (s,,Jh&L , 19913 WITNESS my hand and official seal.
My Commission Expires: .//-,gQ-4b
Notary Publi
940262
NAMES OF MINERAL OWNERS AND LESSEES OF MINERALS
Please print or type
NAME ADDRESS, TOWN/CITY,
STATE AND ZIP CODE
1 Ivar W. Larson and 925 N. County Line Rd.
Donna M. Larson, Tenants in Common Route 1
Berthoud. ro 80513
2. Ray K. Davis and Mary F. Davis as Joint Tenants 8470 Weld County Road 24
Ft. Lupton, Colorado 80621
3. Mary F. Wyscaver 3880 Vanteylingen #317
Colorado Springs, Colorado 80917
4. John Q. Moses aka Jack Mose 2716 South Golden Way
Denver, Colorado 80227
5. M. R. Diggs (Marshall R. Diggs, Jr.) 3981 South Dexter Street
Englewood, Colorado 80110
7. Frances M. Rutt 4521 Weld County Road 44
Berthoud, Colorado 80513
8. Gerrity Oil and Gas Corporation 4100 East Mississippi .Ave. Suite 1200
Denver, CO 80222
•neg sle/ed n Colaedo d WWrrung
1301 N. Cleveland Ave.
Loveland. Colorado 80537
(303) 669-0516 1.
•
• March 1 , 1993
Department of Planning Services
Weld County Administrative Services
. 1400 N. 17th Avenue
Greeley, CO 80631
RE: Ag View Estates I and II - Verification of site location to
be within a 3 mile radius of an existing city limit. East
/, Section 14, Township 4 North, Range 68 West, County of
Weld.
•
Dear Sir/Madam;
This letter is to verify that the proposed site for Ag View
Estates I and II is situated within a three mile radius of the
existing city limits of the City of Johnstown.
If you should have any questions or concerns, please feel free to
call me at 669-0516.
Sincerely,
INTERMILL�LAND SURVEYIN VC-
Larry . I termill, Colo. LS #12374
4024'.2
LITTLE 1 HIOMPSON WATER L.CTRICT
DIRECTORS: Telephone 532-2096
Glenn W.Gipson November 9 , 1993 307 Weld'Avenue
p een Drawer G
Lao 9eeN Berthoud.Colorado 80513
Kenn Croorgwal
Torn Reynolds
Wan Arwrsen
Grey J.Saldmoneon
James W.Stun
MANAGER:
Rld and H.H.Whit •
Mr. Ivar Larson
925 North County Line Road
Berthoud, Colorado 80513
Re: Service Commitment
Dear Mr. Larson;
This letter supersedes our letter to you of February 6, 1993
in which we made a formal commitment for service to the property
described as follows:
Property located in the NE 1/4 of Section 14 , Township
4N, Range 68 West of the 6th Principal Meridian in Weld
County, Colorado. It is proposed that the existing parcel
be divided into 12 lots of undetermined size for
residential use.
The request is for twelve (12) standard 5/8" X 3/4"
residential water taps (one per lot) .
We currently have a 3" diameter water line located along the
north side of Weld County Road 46 in the above described area with
additional capacity available. Therefore, we will commit to provide
service to these lots via one standard residential water tap per
lot with the following conditions:
1. A line extension will be required to provide service.
This line extension and associated appurtenances will be
the financial responsibility of the developer.
2. All other improvements to District facilities required
to provide service will be the financial responsibility
of the developer in accordance with District Rules and
Regulations. All improvements must conform to District
Specifications.
o 4 Onr..9
November 9, 1993
page two
3 . It is my understanding that fire flow has been
addressed by means of a charged pipeline from a lake on
the property.
This letter is intended to update the previous commitment
issued on February 6, 1993 , and extend the expiration date to
November 8, 1994. This commitment will expire one year from the
date of this letter if the . taps have not been purchased and
installed by that date.
The current fee for the above described water tap(s) is
$4, 000. 00 (each) and is subject to change without notice.
If you have any questions, or should you need additional
information, please contact our office.
Best Regards; ,
c<
Barry apyaceh
Operations Manager
, to 4r,
LITTLE T" r)IVIPSON WATER DICTRICT
Telephone 532-2096
DIRECTORS'. 307 Welch Avenue
bwl.en m,W Gibson February 6, 1993 DrewerG
R,.uaem - Berthoud. Colorado B051y
Leo eae.l
Korn Creenoijlal
Tom Reynolds
Dean Anderson
Carey J.Sabmonnn
James W.Soon
MANAGER: •
Richard H.H.Wnlltet
Mr. Ivar Larson •
925 North County Line Road
Berthoud, Colorado 80513
Re: Service Commitment
Dear Mr. Larson; -
This letter is in response to your request that the Little
Thompson Water District commit to provide domestic water service to
• property described as follows:
Property located in the NE 1/4 of Section 14 ,
Township 4N, Range 68 West -of the 6th
•
Principal Meridian in Weld County, Colorado.
It is proposed that the existing parcel be
•
divided into 12 lots of undetermined size for
residential use. •
The request is for twelve (12) standard 5/8" X .3/4" -
residential water taps (one per lot) .
We currently have a 3" diameter water line located along the
north side of Weld County Road 46 in the above described area with
additional capacity available. Therefore, we will commit to provide
service to these lots via one standard residential water tap per
lot with the following conditions:
1. A line extension will be necessary to provide service.
This line extension and associated appurtenances will be
the financial responsibility of the developer.
2 . All other improvements to District facilities required
to provide service will be the financial responsibility
•
of the developer in accordance with District Rules and
Regulations. All improvements must conform to District
Specifications.
3 . Conventional fire flow is not available to this area •
without major improvements to the District' distribution
system. We recommend the use of residential fire
sprinkler systems or on-site water storage to accommodate
fire suppression requirements.
•
94.0202
February 6, 1993
page two
•
This commitment will expire one year from the date of this
letter if the taps have not been purchased and installed by that
date.
The current fee for the above described water tap(s) is
$4 , 000. 00 (each) and is subject to change without notice. The fee
for residential fire sprinkler system taps varies according to size
requirements. Please check with our office to determine those tap
fees if necessary.
If you have any questions, or should you need additional
information, please contact our office.
Best Regards,
� t
Barry e
Operations Manager
•
•
tin(12.1;2
IVAR W. LARSON, Professional Engineer
State of Colorado No. 13879
925 North County Line Road, Route 1
Berthoud, Colorado 80513
Telephone and Fax: (303) 532-3361
March 1, 1993
Department of Planning Services
Weld County Administrative Services
1400 N. 17th Avenue
Greeley, CO 80631
RE: Percolation Tests on Ag View Estates I and II
East 1/2, Section 14, Township 4 North, Range 68 West, County of Weld
Dear Sir/Madam:
As requested, percolation tests and open hole pit were researched on the
soil of said property. The results were found to be within acceptable limits set
forth by the Weld County Health Department.
If you have any questions concerning this report, please contact this office.
Sincerely,
r^ _ lvar W. garson, P.E. #13879
n A arlun rs
•
ENGINEERING GEOLOGY REPORT
AG VIEW ESTATES I AND II
•
WELD. COUNTY, COLORADO
WAR W. LARSON, Professional Engineer
State of Colorado No. 13879
925 North County Line Road, Route 1
Berthoud, Colorado 80513
Telephone and Fax: (303) 532-3361
March 1, 1993
94021:9P
•
AG VIEW ESTATES I AND II
• SCOPE AND USE
This report presents geologic data, interpretation, and evaluation which pertains
to the development of the proposed Ag View Estates I and II in Weld County, Colorado.
Ag View Estates I and II are proposed 103 and 86 acre (respectively) developments on
a parcel of land southwest of the Town of Johnstown, Weld County, Colorado.
The intent of this subdivision is to provide lots for residential development with
limited agricultural use. More particularly, the sites are located in that portion of the East
Half and that portion of the Northwest Quarter all being in Section 14, Township 4 North,
Range 68 West of the 6th Principal Meridian, County of Weld, State of Colorado.
SITE INVESTIGATION
This investigation included a site inspection by me and information obtained from
the Soil Survey of Weld County. Colorado: Southern Part, by the U.S.D.A. Soil
Conservation Service and the Potentially Swelling Soil Land Rock in the Front Ranee
Corridor. Colorado. by the Colorado Geological Survey.
940202
AG VIEW ESTATES I AND II - Page 3
foundation loads. Each building site should be evaluated by an engineering geologist
prior to construction with an engineered foundation so as to minimize the effects of clay-
loam soils on the structures.
Flood Plain
No building sites should be allowed in the flood plain which exists below elevation
4850' as shown on the vicinity map. The planned building sites are located above 4860'
and a minimum distance of 150' west of the centerline of the drainage swale below
•
Schmidt Lake in the Ag View Estates I. No building site should be allowed in the
southerly part of Lot Two (2), Ag View Estates I, in the Colby Loam soil directly south and
east of Schmidt Lake below the lake outlet and easterly running irrigation ditch. The
building site for this lot is planned above the east-west irrigation ditch in this lot. The
other building sites are the highest points within each lot. In summary, each building site
planned for Ag View Estates I and II is considerably above the flood plain.
GROUNDWATER RESOURCES
Potable water is to be supplied by the Little Thompson Valley Water District. Live
water and ponds may be used for livestock water pending acceptable water tests and
applicable permits.
SUMMARY. CONCLUSIONS AND RECOMMENDATIONS
A geotechnical investigation should be performed for each lot to determine the
340262
AG VIEW ESTATES I AND II - Page 4
recommended soil bearing capacities, followed by an engineered foundation for each
structure, and construction performed as per the existing codes and regulations and such
testing.
Based on the data mentioned in this report, these sites are suitable for the
proposed Ag View Estates I and II provided the recommendations in this report are met.
cii"ti .0"‘f•cit-?......cc,''..j•-.
C)
Ivar W. LarsonrP.E f t5879r• ,'
940262 2
STATE OF COLORADO .
COLORADO GEOLOGICAL SURVEY
Department of Natural Resources a
1313 Sherman Street, Rm. 715 •
Denver,Colorado 80203 re IS
Phone(303)866-2611
FAX(303)866-2115 Roy Romer
Governor
Ken Salazar —
Eaetutive Olrector
Wm.'Par Rogers
Acting Director
April 20, 1993 statecicaosm
Mr. Chuck Cunliffe
Department of Planning Services
Weld County Administrative Offices
1400 N. 17th Avenue
Greeley CO 80631 "
WE-93-0009
Re: AG View Estates I
Dear Mr. Cunliffe:
We have reviewed the materials submitted in support of this.
subdivision application and the general and engineering geology of
the site:
With the exception of some potential for swelling soils and radon
accumulation, there are no geology-related problems on this tract.
Both the soils and radon potential can be easily mitigated by
standard engineering design and construction practices and we,
therefore, have no objection to the approval of this application.
Yours very truly,
'4,/f�-P/��
Jeffrey L. Hynes
Senior Engineering Geologist
JH:B:\gs
r1 A I\ PR 2 3 1993
•• IJ w ..-a,.Piennir-
940262
FINAL DRAINAGE REPORT
FOR
WHITETAIL ACRES 1 &
WHITETAIL ACRES 2
CDS ENGINEERING CORPORATION
1714 TOPAZ, SUITE 215
LOVELAND CO 80537
P93-7548
NOVEMBER 16, 1993
oettutm npi
Approved H�
Prepare PP Y. ,,
...ev c�or-
c T�
Richard B. Thornton J . Daariell , Pt .-%
940282
1
A. Location
The site is located approximately 1.5 miles to the
southwest of Johnstown on Weld County Road 46. More
precisely, the site is located in a portion of the east half
of Section 14, Township 4 North, Range 68 west of the 6th
Principal Meridian. This information can be seen on
"Exhibit 1" , entitled Vicinity Map.
B. Existing Conditions
The site is approximately 190.3 acres with ground
slopes ranging from 1% to 6%. The site is presently used
for agricultural purposes and is irrigated by a center pivot
sprinkler system that draws water from Schmidt Lake. Also,
an irrigation ditch follows the north boundary of the site
and a drainage swale borders the northeast property line.
Furthermore, another drainage swale is located along the
east boundary of the site. This swale collects tailwater
from the farm land to the west and conveys it to Schmidt
Lake and the Little Thompson River. This information is
shown on "Exhibit B", entitled Drainage Plan.
Minor irrigation and agricultural drainage structures
have been constructed and installed since the submittal of
the Sketch Plan. The storm drainage improvements that are
in place at the time of this report are being considered as
existing features. The existing storm drainage features
were designed to pass off-site stormwater runoff through the
site. These existing features consist of a sediment pond
1021;2
2
with a 36" CMP outlet releasing water into Schmidt Lake.
Schmidt Lake has an emergency spillway and 12" CMP pipe
controlling the pond elevation by acting as a principal
spillway. Schmidt Lake also has a drain gate valve and an
independent headgate and pipe system that delivers
irrigation water to the east portion of the site. The
emergency spillway and principal spillway release into a
natural drainage swale that carries water to a pond located
approximately 500 feet north of the Little Thompson River.
This pond also has an emergency spillway and a principal
spillway with the principal spillway consisting of a 24" CMP
pipe. From this point, stormwater flows to the Little
Thompson River by a natural drainage swale. All previously
installed modifications were made for purposes of optimizing
the irrigation system on this property and were reviewed by
the U.S. Army Corps of Engineers for compliance with
wetlands criteria. This information is shown on "Exhibit
B", entitled Drainage Plan.
Schmidt Lake Dam is not proposed to be modified as a
part of this development. The applicant recognizes that
modifications to dams are under the jurisdiction of the
Colorado State Engineer. No homes will be constructed in
the floodway below the dam. Therefore, the hazard rating of
the structure will remain unchanged.
s402y2
3
C. Proposed Development
The proposed development of this 190. 3 acre site
consists of creating two minor subdivisions with a combined
total of 12 lots. A private 24" wide gravel road will be
constructed through the center of the site along the
property line that divides the two minor subdivisions. A
borrow ditch is proposed to be constructed on either side of
the roadway carrying stormwater runoff in a southerly
direction.
The proposed development will be that of single family
residences with light agricultural use.
D. Design Methodology
The Rational Method was used to compare the post-
development conditions to the existing conditions. A
weighted average relationship was used to determine the
post-developed runoff coefficient. The percent increase in
the runoff coefficient was used to determine if stormwater
detention would be required. This report follows the
criteria set forth in the Larimer County Stormwater
Management Manual.
E. Results
For the existing conditions, the runoff coefficient was
determined to be 0. 30. For the proposed conditions (post-
developed) a composite runoff coefficient was determined to
4
be 0. 31. This is only a 3 . 3% increase which will result in
a minimal increase in stormwater runoff.
F. Conclusions and Recommendations
Based on the above small increase in the runoff
coefficient and the fact that stormwater discharges directly
to the Little Thompson River, it is proposed that stormwater
detention is not necessary. Borrow ditches along either
side of the road are to be 2 . 0 feet deep, 4 : 1 side slopes
and at a longitudinal slope greater than or equal to 0.6%.
Two 36" CMP culverts are proposed to be installed under the
roadway where it crosses the natural drainage swale
downstream of Schmidt Lake (see "Exhibit B") . The roadway
elevation at this crossing will be high enough so that low
frequency storms will not overtop the roadway. It is also
recommended that the roadway embankment be rip-rapped at
this location. The elevations of all residential structures
will be above 4850 feet which corresponds to the Little
Thompson flood plain elevation. Other recommended building
elevations for the remaining lots in this development are
shown on "Exhibit B", entitled Drainage Plan. It is also
recommended that the dam for Schmidt Lake and the dam for
the southern pond be rip-rapped for erosion protection.
5
In conclusion, if the above drainage recommendation are
installed and with the "existing drainage improvements" in
place the on-site and off-site stormwater will be adequately
conveyed with no adverse impact on downstream property
owners.
940262
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STEWART TITLE OF GREELEY, INC.
916 10th Street
Greeley, Colorado 80631
Phone No. (303) 352-4571
Fax No. (303) 352-1815 -
November 17, 1993 ORDER NO. 93002607
RE:
LARSEN/TED
IVAR AND DONNA LARSON
925 NORTH COUNTY ROAD
BERTHOUD, CO 80513
Original •
•
In connection with the above Order No. we are transmitting the
following: •
Title Commitment _
Endorsement Sx_
Policy
Tax Certificate • _
Foreclosure Certificate
Other __
THANK YOU for your 'Title Insurance and Escrow Closing'
business! Please specify 'STEWART TITLE SERVICES' in the future!
If you have any questions regarding this endorsement, please
call WAYNE CRAVEN at (303) 352-4571.
rl
41/1117C2
•
ENDORSEMENT TO TITLE COMMITMENT
ISSUED BY STEWART TITLE GUARANTY COMPANY, HEREIN CATT ED THE COMPANY.
DATE: November 17, 1993
ORDER NUMBER: 93002607
SELLER: LARSON
BUYER: TBD
ADDRESS:
ENDORSEMENT NO. 1:
ITEM NO. 1 OF SCHEDULE B SECTION 1 is DELETED.
ITEM NO. 12 OF SCHEDULE B SECTION 2 is DELETED.
This endorsement is made a part of said commitment and is subject to the
schedules, conditions and stipulations therein, except as modified by
the provisions hereof.
Nothing herein contained shall be construed as extending or changing the
effective date of said commitment unless otherwise expressly stated.
Signed under seal for the Company, but this endorsement is to be valid
only when it bears an authorized countersignature.
Carloss Morris Stewart Morris
Chairman President
Countersigned:
BY: WA E. 't(
AUTHO ZED COUNTERSIGNATURE`
•
9402G2
American Land Title Association Commitment-Modified 10/73
•
�• 1 COMMITMENT FOR TITLE INSURANCE fr
ISSUED BY e t-
d STEWART TITLE "
.1
:. GUARANTY COMPANY •
n •
STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for s .
• valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in
Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate _ _
or interest covered hereby in the land described or referred to in Schedule A, upon payment of the .i
premiums and charges therefor;all subject to the provisions of Schedules A and B and to the Conditions
and Stipulations hereof.
•
This Commitment shall be effective only when the identity of the proposed Insured and the amount
of the policy or policies committed for have been inserted in Schedule A hereof by the Company,
either at the time of the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all
liability and obligations hereunder shall cease and terminate six months after the effective date hereof 1 ;.-
or when the policy or policies committed for shall issue, whichever first occurs, provided that the
failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be
• valid or binding until countersigned by an authorized officer or agent. t
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to
become valid when countersigned by an authorized officer or agent of the Company, all in accordance
j. with its By-Laws.This Commitment is effective as of the date shown in Schedule A as"Effective Date."
STEWART TITLE -i-.
.'
y GUARANTY COMPANY „` r:
J;
7Thetet 1:•'111.e.
....C.?4 X A dile.F/L0 'n it. .:
• �• fir: 000 € President ' ;
•�, t Chairmane Boar 'gr.!> �_y_�r�e.< �If
; Countersigned by: V•• MS 8 lto, ,o+`tt
',. '1
_ Authorized Si tory• pf
• Yi
S[EWAR TITLE OF GREELEY s.,,i (O,O1.1t; ii. -:
WI: Company 916 10tn Street ,. '_:.
t, Greeley, CQ 80631
ms,44 CitY,State '1�i
.µ Dr-1.
J• f:
f �.-r
�, ,, r -�,_b"'1=Serial No. C-1601- 2 9 4 3 2 5 `" ._'= `�" r' "�17:
165 340?c 2
STEWART TITLE OF GREELEY, INC.
916 10th Street
Greeley, Colorado 80631
Phone No. (303) 352-4571
Fax No. (303) 352-1815
November 16, 1993 ORDER NO. 93002607
RE:
LARSEN/TBD
IVAR AND DONNA LARSON
925 NORTH COUNTY ROAD
BERTHOUD, CO 80513
Original
In connection with the above Order No. we are transmitting the
following:
Title Commitment _XX_
Endorsement to Policy
Policy
Tax Certificate __
Foreclosure Certificate
Other
THANK YOU for your "Title Insurance and Escrow Closing"
business! Please specify "STEWART TITLE SERVICES" in the future!
If you have any questions regarding this endorsement, please
call WAYNE CRAVEN at (303) 352-4571.
3402(2
SCHEDULE A
ORDER NUMBER: 93002607 COMMITMENT NUMBER: N/A
1. EFFECTIVE DATE: November 12, 1993 at 7:45 A.H.
2. POLICY OR POLICIES TO BE ISSUED: AMOUNT OF INSURANCE
A. ALTA OWNER'S POLICY $ TED
PROPOSED INSURED: TBD
B. ALTA LOAN POLICY $
PROPOSED INSURED:
C. ALTA LOAN POLICY $
PROPOSED INSURED:
D. $
3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN
THIS COMMITMENT AND COVERED HEREIN IS FEE SIMPLE AND TITLE THERETO
IS AT THE EFFECTIVE DATE HEREOF VESTED IN:
IVAR W. LARSON AND DONNA M. LARSON
4. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS:
SEE ATTACHED LEGAL
OWNERS: $ 243.00
Policy or Policies committed to be issued hereunder are ALTA
Owner and/or Loan Policy - .(4-6-90) .
STEWART TITLE OWU( CRAVEN
OF GREELEY, INC.
916 10th Street AUTHOR 2D
Greeley, Colorado 80631 COUNTERSIGNATURE
Phone No. (303) 352-4571
Fax No. (303) 352-1815
9C of n-9
SCHEDULE B - SECTION 1
ORDER NUMBER: 93002607 COMMITMENT NUMBER: N/A
REQUIREMENTS
THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH:
ITEM (A) PAYMENT TO OR FOR THE ACCOUNT OF THE GRANTORS OR MORTGAGORS
OF THE FULL CONSIDERATION FOR THE ESTATE OR INTEREST TO BE INSURED.
ITEM (B) PROPER INSTRUMENT(S) CREATING THE ESTATE OR INTEREST TO BE
INSURED MUST BE EXECUTED AND DULY FILED FOR RECORD, TO WIT:
1. Correction deed from L. & L. , INC. , A COLORADO CORPORATION to
IVAR W. LARSON AND DONNA M. LARSON.
This requirement is necessary because in the deed from L & L. ,
INC. , A COLORADO CORPORATION to IVAR W. AND DONNA M. LARSON
recorded MARCH 5, 1993 in Book 1372 "at_BECIPSION NO. 2324103,
the legal description ap ed as "RANGE 63." whe as subject j72 w,LuL'-)'
property is described "RANGE 68."
2. THE REQUIREMENTS FOR THIS COMMITMENT SHALL BE DETERMINED AT A
LATER DATE
3. NOTE: "The COMPANY reserves the right to make any additional
REQUIREMENTS AND/OR EXCEPTIONS to this commitment and any
subsequent ENDORSEMENTS thereto, once the NAME(S) of the
INSURED(S) and the AMOUNT(S) of LIABILITY have been DISCLOSED"
4. Payment of all taxes and assessments currently due and payable,
if any.
SCHEDULE B - SECTION 2
EXCEPTIONS
ORDER NUMBER: 93002607 COMMITMENT NUMBER: N/A
THE POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE
FOLLOWING UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF
THE COMPANY:
1. RIGHTS OR CLAIMS OF PARTIES IN POSSESSION NOT SHOWN BY THE
PUBLIC RECORDS.
2. EASEMENTS, OR CLAIMS OF EASEMENTS, NOT SHOWN BY THE PUBLIC
RECORDS.
3. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA,
ENCROACHMENTS, AND ANY FACTS WHICH A CORRECT SURVEY AND
INSPECTION OF THE PREMISES WOULD DISCLOSE AND WHICH ARE NOT
SHOWN BY THE PUBLIC RECORDS.
4. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL
HERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT
SHOWN BY THE PUBLIC RECORDS.
5. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS,
IF ANY, CREATED, FIRST APPEARING IN THE PUBLIC RECORDS OR
ATTACHING SUBSEQUENT TO THE EFFECTIVE DATE HEREOF BUT PRIOR
TO THE DATE PROPOSED INSURED ACQUIRES OF RECORD FOR VALUE
THE ESTATE OR INTEREST OR MORTGAGE THEREON COVERED BY THIS
COMMITMENT.
6. WATER RIGHTS, CLAIMS OR TITLE TO WATER.
NOTE: 'MECHANIC'S LIEN" AND/OR "GAP" PROTECTION (EXCEPTIONS 4
AND 5 ABOVE) MAY BE AVAILABLE WITH AN OWNER'S POLICY OF TITLE
INSURANCE ON RESIDENTIAL PROPERTY UPON COMPLIANCE WITH STEWART
TITLE OF WELD COUNTY'S REQUIREMENTS. PLEASE CALL FOR FURTHER
INFORMATION AS TO THOSE SPECIFIC REQUIREMENT(S) NECESSARY TO
OBTAIN THIS COVERAGE.
7. Any and all unpaid taxes, assessments and unredeemed tax
sales.
8. All existing roads, highways, ditches, utilities,
reservoirs, canals, pipelines, power lines, telephone lines,
water lines, ,railroads and rights of way and easements therefor.
9. Rights of way for County Roads 30 feet wide on either side
of section and township lines, as established by the Board of
County Commissioners for Weld County, recorded October 14, 1889
in Book 86 at Page 273.
10 Right of the Proprietor of a Vein or Lode to extract and
remove his ore therefrom, should the same be found to penetrate
Continued on next page
c1,1 112r9
CONTINUATION SHEET
SCHEDULE B - SECTION 2
ORDER NUMBER: 93002607 COMMITMENT NUMBER: N/A
or intersect the premises hereby granted, as reserved in United
States Patent recorded August 20, 1892 in Book 34 at Page 356
and re-recorded June. 17, 1897 in Book 34 at Page 410.
11. Oil and gas lease between Sekich G Echeverria Company, a
Partnership and M. R. Diggs, Jr. recorded September 2, 1977 in
Book 807 at Reception No. 1729441, and any and all assignments
thereof, or interests therein.
12. All minerals as granted to D-J Land and Cattle Company by an
instrument recorded June 20, 1979 in Book 872 at Reception No.
1794273, and any and all assignments thereof or interests
therein.
13. Right of way granted Panhandle Eastern Pipe Line Company by
instruments recorded March 12, 1980 in Book 897 under Reception
No. 1819449 and recorded December 15, 1980 in Book 922 under
Reception No. 1844279.
14. Covenants, conditions and restrictions as contained in the
Development Standards of the map recorded June 26, 1981 in Book
940 under Reception No. 1861795.
15. Reservations, restrictions, easements and right of way as
set forth on the map of Recorded Exemption No. 1O61-14-1-RE
1373, recorded October 7, 1991 in Book 1313 under Reception No.
2265460.
94026,2
SCHEDULE A
PROPERTY DESCRIPTION
ORDER NO: 93002607
Lot B, Recorded Exemption No. 1O61-14-3-RE 341, being more
particularly described as follows:
All of the NE1/4 and all that part of the SE1/4 lying North of
the Little Thompson River in Section 14, Township 4 North, Range
68 West of the 6th P.H., Weld County, Colorado, being more particularly described as follows:
Beginning at the Northeast Corner of said Section 14, and
considering the East line of said section as bearing South 00
Degrees 27' 42" West with all other bearings contained herein
relative thereto;
Thence South 00 Degrees 27' 42" West along said East line of
Section 14, 2,806.66 feet;
Thence South 51 Degrees 56' 55" West, 1,009.81 feet;
Thence North 79 Degrees 46' 23" West, 479.70 feet;
Thence South 83 Degrees 30' 48" West, 934.92 feet;
Thence South 34 Degrees 56' 38" West, 699.73 feet;
Thence North 89 Degrees 29' 50" West, 66.47 feet to a point on
North South Center line of said Section 14;
Thence North 00 Degrees 30. 10" ;East, along said North South
Center line, 4,022.58 feet to a point on the North line of said
Section 14;
Thence North 90 Degrees 00' 00" East along said North line
of Section 14, 2,650.77 feet to the Point of Beginning.
EXCEPT, the following described property:
Part of the NE1/4 of Section 14, Township 4 North, Range 68 West
of the 6th P.M., Weld County, Colorado, being more particularly
described as follows:
Beginning at the Northeast Corner of said Section 14, and
considering the East line of said section as bearing South 00
Degrees 27' 42" West with all other bearings contained herein
relative thereto.
Thence along said East line, South 00 Degrees 27. 42" West,
1821.68 feet;
Thence North 34 Degrees 46' 24" West, 344.55 feet;
Thence North 27 Degrees 31' 32" West, 153.49 feet;
Thence North 19 Degrees 32' 43" West, 124.90 feet;
Thence North 16 Degrees 11' 32" West, 259.48 feet;
Thence North 30 Degrees 01' 40" West, 487.79 feet;
Thence North 26 Degrees 22' 29" West, 399.87 feet
Thence North 47 Degrees 08' 52" West, 375.00 feet to a
point on the North line of Section 14 and County Road 46;
Thence continuing along said North line, North 90 Degrees 00'
00" East, a distance of 1,092.92 feet to the Point of Beginning.
FURTHER EXCEPT, the following described property:
Continued on next page
940262
SCHEDULE A
PROPERTY DESCRIPTION CONTINUED
ORDER NO. 93002607
PROPERTY DESCRIPTION CONTINUED
That portion of the East Half of Section 14, Township 4 North,
Range 68 West of the 6th P.H. , County of Weld, State of
Colorado, more particularly described as follows:
Considering the North line of the Northeast Quarter of said
Section, as monumented by a 1/2' rebar at the Northeast corner
and the North Quarter corner of said Section, to bear West with
all bearings contained herein relative thereto.
Beginning at the Northeast corner of said Section 14; thence
along the North line of the Northeast Quarter of said Section
West 1723.92 feet to the centerline of that certain 60.00 foot
wide access, utility and irrigation easement described in Book
1064, at Reception Number 02005185, records of said County;
thence along said centerline the following three courses: South
03 Degrees 13' 14• East 222.70 feat to the beginning of a curve
concave to the East, having a central angle of 40 Degrees 51'
08' and a radius of 379.05 feet, the chord of said curve bears
South 23 Degrees 38' 48' East 264.58 feet; thence Southerly
along the arc of said curve 270.26 feet to the end of said
curve; thence South 44 Degrees 04' 22• East 278.02 feet to the
TRUE POINT OF BEGINNING; thence continuing along said centerline
the following three courses: South 44 Degrees 04' 22' East
115.09 feet to the beginning of a curve concave to the
Southwest, having a central angle of 45 Degrees 23. 00' and a
radius of 167.41 feet, the chord of said curve bears South 21
Degrees 22' 52' East 129.16 feet; thence Southeasterly along the
arc of said curve 132.60 feet to the end of said curve; thence
South 01 Degrees 18' 38• West 200.00 feet; thence North 88
Degrees 41' 22' West 360.00 feet; thence North 01 Degrees 18'
38' East 400.00 feet; thence South 88 Degrees 41' 22' East
228.25 feet more or lees to the TRUE POINT OF BEGINNING, also
known as Lot B, Recorded Exemption No. 1061-14-11-RE-1373.
•
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facria :.\\I� 1993
�����• Chuck Cunliffe
To Ph �Dnoning �-'a Ma rrh 16 10Q3
COLORADO From Throw crholringa.
Subject: Tvar and manna 1 ar on Az View Estates #1 & *2
S-333 & S-334
Section 4 of the Weld County Subdivision Ordinance allows for the creation of minor
subdivisions with less than 6 lots. Ag View Estates #1 & #2 have 6 lots each and-a part of
the same development. I can see no reason for separate applications except to avoid the
extra requirements of a normal subdivision submittal. My review and comments are for both
Ag View Estates #1 & #2.
WCR 46 is a gravel county road with traffic counts varying from 92 to 126. A development
of an additional 12 lots would generate between 75 and 100 cars a day. This would nearly
double the maintenance requirements of Weld County. The applicant should address the impact
of additional traffic.
The sketch plan indicates a 60' access, utility and irrigation easement serving the 12 lots.
It should be a dedicated right-of-way with appropriate utility easements throughout the
subdivision as called for in the subdivision regulations. On the southern part of the ,
roadway, the sketch plan indicates a crooked alignment with no curves. The road needs to
be designed to the geometric standards required by the subdivision ordinance. Irrigation -
uses are also indicated in the right-of-way. I do not recommend irrigation ditches be
included in the road right-of-way. The portion of the road that serves lots #3, #4, #5 and
#6 in Ag View Estates #1 lies in a downstream drainage area of Schmidt Lake. Particular
attention should be paid in the final design process to keep the road away from any drainage
problems and out of saturated soils. The typical cross section is adequate, but the minimum
culvert size should be 18" as opposed to the 12" shown. There is no technical material
supplied to back up the information supplied in the drainage report. Many general
statements are made that will require detailed engineering submittals if this •project
proceeds to final plating.
The supplemental storm drainage information dated March 8, 1993, under Sec. 10.11.1
indicates an overall off and on site review was completed by the Department of Army, Corps
of Engineers. This information should be provided.
The last page of the supplemental storm drainage information contains a sketch which
indicates quite a bit of work is to be done on the Schmidt Lake dam and its drainage way.
The work includes rebuilding an emergency overflow, installing a headgate, repairing
underground drains, and additional work around the facility labeled detention\retention
pond. No information is supplied on Schmidt Lake or the off site area draining to it. I
suspect work on these dams may be under the purview of the State Engineer's Office.
Detailed and extensive information on the proposed work must be supplied at the final plat
stage.
•
Minimal information was supplied for the sketch plan review. Therefore, other concerns may
arise in future reviews that are not addressed in this memo.
DS\pds:mchuckl •
cc: Commissioner Baxter
S - 333 & S - 334
BACON LAKE FARMS
Colorado and Kansas
Ivar W.and Donna M.Larson.Owners and Operators
925 North County Line Road, Route 1 Berthoud, Colorado 80513
November 21, 1992
Mr. Terry McKee Tcr� �`I-71
U.S. Army Corp of Engineers
9307 State Highway 121
Littleton, Colorado 80123-6901 lit
Dear Mr. McKee: w 7
I appreciate your review of Schmidt Lake in the N 1/2 of Section 14-4-6., d cussing
restoration of the lake for use on the irrigated farm located in the NE/4 f 14-4- And the
SE/4 North of the Little Thompson River, all in Weld County.
The steps we either have started or plan to perform are:
1. Remove silt in the lake that has collected over the past 60 years.
2. Repair the cut in the dam made in the last few years to allow flood irrigation. Install
a culvert or pipe to feed a center pivot irrigation system southeast of the lake.
3. Remove trees on the dam and sleeve or repair the outlet pipe to drain the lake and
control with a new headgate.
4. Develop an emergency overflow on the west end of the dam in case of a flood and
prevent overtopping of the top of dam.
5. Install a new outlet pipe to irrigate the west and southwest parts of the property not
covered by the center pivot.
6. Repair the plugged underground drainage pipe that causes a wet condition below the
base of the dam.
7. Develop a secondary silt and trash collection pond above the lake and install a
culvert through the dam at a properly designed invert elevation to spill into the lake.
This silt pond would be small enough that it could be cleaned every year or two with
a small backhoe thus preventing the majority of silt from entering the supply lake
and subsequently the pivot, allowing pumping of the water through a standard pivot
system.
8. Develop a road around the lake enabling spraying of noxious weeds.
The attached drawing illustrates these points. Our plan will reestablish this irrigated farm
with a clean water source as it was years ago. Public Service has quoted 3 phase, 480 volt
power. When installed, we can proceed with the center pivot system.
Q/1191-0
r
Mr. Terry McKee
Page 2
November 21, 1992
I understand that we need your response on a 404 permit and would appreciate your
qualifying this project as exempt because it is a reconstruction.
Thank you for your consideration.
Sincerely, •
Ivar W. Larson, P.E. #13879
303 532-3361
IWL/dml
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DEPARTMENT OF THE ARMY
# i °"` CORPS OF ENGINEERS.OMAHA DISTRICT
TRI-L j
43"..-e\. 4� AKES PROJECT OFFICE 9307 STATE HWY 121
to In
LITTLETON.COLORADO 901235901
47 IDLY TO
`''�. .ja/ •rrv4roua
November 25, 1992
Mr. Ivar W. Larson Bacon I ake Farms
925 North County Line Road, Route 1
Berthoud, Colorado 80513
Dear Mr. Larson:
Reference is made to your proposed Schmidt Lake and unnamed pond restoration and
maintenance projects located in Section 14, Township 4 North, Range 68 West, Weld
County, Colorado.
This letter is to inform you that the proposed work is the kind of activity which is
included in the exemption portion of the Federal Register dated November 13, 1986 found at
33 C.F.R. Part 323.4 (a)(3). Therefore, the proposed work will not require a Department of •
the Army permit and will not require further processing by this office.
Although a Department of the Army permit is not required for your proposed work,
this does not obviate your obligation to obtain any other Federal, state or local authorizations
as may be required by law.
If there are any questions concerning this matter, please feel free to contact Mr. Terry
McKee of this office at 303-979-4120 and reference action ID #199280640.
Sincerely,
Tim y T
Project anager
94.02-17,2
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9402€?
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WIL D�• Chuck Cunliffe
To Weld County Planning Data March 16, 1993
COLORADO
From John S. Pickle, M.S.E.H. , Director, Environmelae
•
SubJact: Case Number: 5-333 Name: Larson, Ivar and Donna
Environmental Protection Services has reviewed this proposal; the following
conditions are recommended to be part of any approval:
1. All liquid and solid wastes shall be stored and removed for final disposal
in a manner that protects against surface and groundwater contamination.
2. No permanent disposal of wastes shall be permitted at this site.
3. Wood shavings, saw dust, and waste materials shall be handled, stored, and
disposed in a manner that controls fugitive dust, blowing debris, and
other potential nuisance conditions. .
4. An individual sewage disposal system, is required for the proposed
facility and shall be installed according to the Weld County Individual
Sewage Disposal Regulations.
5. The Division requires that this facility utilize existing public water
supply.
6. Individual Sewage Disposal System permit must be finalized and approved by
an Environmental Protection Specialist within one (1) year of the
application date.
•
JSP/jg-512
•
;If MAR 1 7 1993
MARION P . ANDERSON
4686 Weld County Road 46
Berthoud, Colorado 80513
Telephone: ( 303 ).532-4511 •
March 19 , 1993
•
+)EPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices
1400 North 1 /th Avenue
Greeley , Coinrado 80631
Attention: Chuck Cunliffe
Dear Mr. Cunliffe
Per our meetings on April 16th 8 17th, 1993 I am submitting
concerns raised at the meeting with you , Roger Steinke and John
Baranway . Mr. Steinke has just purchased my property and Mr.
Baranway is the Realtor handling the sale of the property.
We would like your clarification of how the existing easement
is to be involved with the proposal submitted by Ivar and Donna
Larson.
We would like to review the proposed covenants as we don't
want the value of existing structures to be reduced by allowing
structures of lesser value -constructed.
Very truly yours,
Marion E. Anderson
•
•
�,Mn^1rn
/
Sow
MICHAEL and BARBARA SOLETA
4912 Weld County Road 46
Berthoud, CO 80513
March 22, 1993 fJc.
Mr . Chuck Cunliffe II- MAR 2 6 1993 II
Department of Planning Services i
Weld County Administrative Offices
1400 N . 17th Avenue
Greeley, CO 80631
Dear Mr . Cunliffe :
We are writing in response to your letter of March 11, 1993, Case
number: Amended RE-1373; Ivar and Donna Larson ' s request to amend
a 190 acre parcel to 86 . 92.
We would like to voice our objection to this proposal . We feel
that this proposed subdivision, and subsequent potential
subdivisions, would affect us in the following ways :
1 . We moved to an agricultural area for an agrarian life-
style with the intention of raising livestock. The
quietness and absence of urban noise and pollution was a
major factor in our purchasing this particular parcel of
land as the surrounding land was being used for agricultural
purposes. Our quality of life would be impacted .
2 . We raise beef cattle and have horses . There is a
potential for curious or mischievous children to bother our
stock, and since we have a bull and stallion, a potential of
harm to those children. We would have a constant worry for
our livestock and potential trespassers.
3 . Increased population will create increased traffic on •
Road 46 creating greater dust problems than already exist.
The increased dust would create aesthetic as well as health
problems.
4 . Our view to the west is a lovely mountainous vista which
could be blocked by a future housing development .
5 . One subdivision could lead to further subdivisions and
possible zoning changes which could become a pervasive
element in the existing agrarian environment .
6. Recently there was an article in the Greeley Tribune
which stated that "Weld County" was becoming concerned about
the increasing number of residential subdivisions on non-
developed land which require costly infrastructure projects
such as sewer systems . In a time of severe budget
94!arn•n
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constraints we believe that development and expansion should
be adjacent to existing developments ❑here the existing
infrastructure can be tapped into , thus limiting the need
for tax increases .
Thank you for your time and the consideration of our input
regarding this situation.
Sincerely,
Barbara Soleta
•
84.1074-9
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��E T��a DEPARTMENT OF THE ARMY-- N�^�4
CORPS OF ENGINEERS.OMAHA DISTRICT ,• a.eN� TRI-LAKES PROJECT OFFICE.9307 STATE HWY 121 f, X° "U •l- 1"r LTTLETON,COLORADO 80123.6901
ry\
%.�• REPLY
YiTTo March 29, 1993 '•�
Arrtio� .%en s p^.•`
Mr. Chuck Cunliffe
Weld County Department of Planning Services
Weld County Administrative Offices
1400 North 17th Avenue
Greeley, Colorado 80631 .
Dear Mr. Cunliffe:
Reference is made to a March 23, 1993 wetlands determination conducted by Mr.
Terry McKee of the Tri-Lakes Project Office which concerns your case number S-333
located in Section 14, Township 4 North, Range 68 West, Weld County, Colorado.
Your project has been reviewed in accordance with Section 404 of the Clean Water
Act under which the U.S. Army Corps of Engineers regulates the discharge of dredged and
fill material into waters of the United States including wetlands.
Please see the enclosed map that shows approximate locations of wetlands at this site.
If a proposed activity requires work in the wetlands at this site, the wetlands should
be delineated and mapped prior to any work. This office should be contacted.prior to the
work for proper Department of the Army permits.
Please find the enclosed list of Environmental Consultants who may assist in the
wetland delineations and mapping.
If you have any questions concerning this matter, please feel free to contact Mr.
Terry McKee of this office at 303-979-4120 and reference action ID #199380189.
Sincerely,
Timo T Care
Project anager
End
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STATE OF COLORADO
OIL AND GAS CONSERVATION COMMISSION
DEPARTMENT OF NATURAL RESOURCES
DENNIS R. BICKNELL SUITE 380 LOGAN TOWER BUILDING
Director 1580 LOGAN STREET
PATRICIA C. BEAVER Technical Secretary DENVER, COLORADO 80203
(303) 8LOR 9 FAX ROY ROMER
(303) 894.2100 Governor
June 10,1993
Chuck Cunliffe
Weld County Planning Services
1400 North 1T° Avenue
Greeley CO 80631
t---
Dear Mr. Cunliffe:
Cases S-333 and S-334 have been reviewed by this office. We would like to point out that
there currently is one producing gas well in the northeast quarter of Section 14, Township 4 ,
North, Range 68 West, Weld County. There are also existing producing wells in all of the
sections surrounding section 14,indicating that there is potential for further development in that
section.
As always, any development for oil and gas will be subject to applicable Rules and Orders of
the Colorado Oil and Gas Conservation Commission. If you have any further questions please
contact the Commission staff at the above address or phone number.
Sincerely yours, •neelsetitRobert J. an Sickle
Petroleum Engineer "
•
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•..Ptaani e• 910x2 2
Public Service
O Public Service Company901 E. of Colorado
Rd
1901 E.Horse[ooth Rd.
November 17, 1993 Fort Collins.co 80525-2941
Mr. Ivar W. Larson
925 North County Line Rd., Rt#1
Berthoud, CO 80513
Dear Mr. Larson:
This letter is intended to confirm Public Service Company's ability to provide electric
service to 12 residential lots in"Whitetail Acres 1 & 2" in the NE 1/4 of Sec. 14-T4N-
R68W. Extension of said electric service will have to be done in accordance with Rules and
Regulations currently on file with the Public Utililties Commission of the State of Colorado,
and is contingent on prior dedication of adequate utility easements and site preparation.
Application for said electric service extension should be made early on in the site
development process by contacting Dick Ogle in our Windsor Office at 422 Main Street
(Phone: 225-7890).
2:C4414144r
GH:hr Gary Huett
Supervisor of Engineering
91®2 .2
DECLARATION OF PROTECTIVE COVENANTS
WHITETAIL ACRES 1
AND
WHITETAIL ACRES 2
both minor subdivisions situated in Weld County, Colorado,
This Declaration of Protective Covenants running with the land is
made by the Owners of all of the real Property to be known as
WHITETAIL ACRES 1 AND WHITETAIL ACRES 2 , which Property is
described in those certain subdivision plats recorded for WHITETAIL
ACRES 1 AND WHITETAIL ACRES 2, located in:
Section 14 Township 4 North, Range 68 West
of the 6th Principal Meridian, Weld County, Colorado.
RECITALS
1. Declarant is the Owner in fee of all of the above-described
land in those minor residential developments sometimes referred to
hereafter as Whitetail Acres 1 and Whitetail Acres 2 or the
"Property" .
2 . It is the intention and desire of the Declarant to set forth
this Declaration of Protective Covenants in order to promote the
harmonious and attractive development of the Property for the
health, comfort, safety, convenience, and general welfare of the
present and subsequent Owners of the Property and each portion
thereof.
NOW THEREFORE, Declarant hereby declares that the Property is
subject to the following protective covenants which shall run with
the land for the benefit of and be binding upon each present and
subsequent Owner of any portion of the Property and their
respective grantees, successors, personal representatives, and
assigns.
ARTICLE I
DEFINITION OF TERMS
1.01 As used in this Declaration, the following terms shall have
the meanings indicated:
Architectural Control Committee. The committee described in
Article V of this Declaration.
Association. Mountain view Estates land 2 Owners Association.
The members of which shall be all of the several Owners of the lots
within the Property.
Board. The duly elected Board of Directors of the Association.
1
Bylaws. The duly adopted Bylaws of the Association as the same
may be amended from time to time.
Colorado Common Interest Ownership Act (sometimes also
referred to herein as "CCIOA") . The applicable provisions of
Colorado statutes known as the "Colorado Common Interest Ownership
Act" , which is now codified as Article 33 . 3 of Title 38 , Colorado
Revised Statutes, as may from time to time hereafter be amended.
Common Elements. The Plats of WHITETAIL ACRES 1 AND WHITETAIL
ACRES 2. Describes roads, irrigation and utility easements as shown
upon the Plat. Those are called common elements.
Declarant. The Owner of the Property whose signature is
affixed to this Declaration.
Owner. The record fee Owner or Owners if more than one of a
lot, including Declarant so long as any lot remains unsold.
Plats. The Plats of Whitetail Acres 1 and Whitetail Acres
2, located in
Section 14, Township 4 North, Range 68 west of the 6th
Principal Meridian, Weld County, Colorado
Property. All of the real Property known as WHITETAIL ACRES 1
AND WHITETAIL ACRES 2 .
ARTICLE II
LAND USE CONTROL
2.01 Land Use and Building Type. No lot shall be used except for
residential and related purposes. No building other than
outbuildings permitted by paragraph 2 . 02 , shall be erected,
altered, placed, or permitted to remain on any lot other than
one (1) detached single family dwelling not to exceed two and
one-half (2 1/2) stories in height above finished grade level,
which must include a private attached garage for no more than
three (3) automobiles. The Architectural Control Committee may
authorize a garage for more than three automobiles if the
Architectural Control Committee determines that the same is
compatible with the harmonious and attractive development of
the area. Dwellings must be built on-site, and no pre-fabricated,
previously built, or modular homes shall be permitted upon the
Property. Dwelling construction must be completed within one (1)
year after the date of construction commencement. Out buildings are
permitted in accordance with Section 2. 02.
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9402G2
2 . 02 Out Buildings. Subject to the prior approval of the
Architectural Control Committee, permitted out buildings are
stables, barns, pool houses, or other structures determined by the
Architectural Control Committee to be compatible with the purposes
and intent of this Declaration. In no case shall out buildings
exceed the height of one (1) story above finished grade level. Out
buildings must be of similar color, design, and quality with the
principal dwelling on the Property. Machine sheds are not
permitted out buildings.
2. 03 Dwelling Oualitv and Size. No dwelling shall be erected on any
lot having an enclosed floor area on the main level of less than
one thousand four hundred (1,400) square feet, exclusive of
porches, garages, and basements. For purposes of this section, the
main level shall be that level of the dwelling at or closest to
finished grade level which is most immediately reached by the front
entrance to the dwelling. If any dispute arises as to what
constitutes the main level of a dwelling, the decision of the
Architectural Control Committee shall be conclusive and
controlling. No trailer, basement, tent, shack, garage, barn, or
other building shall be used as a residence, temporarily or
permanently at any time, nor shall any structure of a temporary
character be used as a residence. All dwellings shall possess wood,
brick, or stone exteriors, or a combination thereof. No building,
fence, out building, or other structure shall be erected, placed,
or altered on any lot until the proposed building plans,
specifications, exterior color and finish, plat plan (showing the
proposed location of such building or structure, driveways and
parking areas) , and construction materials shall have been approved
by the Architectural Control Committee.
The Architectural Control Committee shall have the full discretion
to approve and deny such plans so as to insure the best use and the
most appropriate development and improvement of each building site,
to protect the Owners of building sites against inappropriate use
of surrounding building sites as will depreciate the value of the
Property; to preserve, so far as is practicable, the natural beauty
of the Property; to guard against the erection of poorly designed
structures, and structures built of improper or unsuitable
materials; to obtain harmonious color schemes; to insure the
highest and best development of said Property; to encourage and
secure the erection of attractive homes and other permitted
structures thereon, with appropriate locations thereof on building
sites; to prevent haphazard and inharmonious improvement of
building sites; to secure and maintain proper setbacks from streets
and in general to provide adequately for a high type and quality of
improvements on said Property and thereby enhance the value of
improvements on the Property.
2 . 04 Repairs. Any repairs to or reconstruction of dwellings, out
buildings, fences, etc. , whether due to wear and tear or natural
causes (such as wind, hail, fire, flood, etc. ) , shall be subject to
and in accordance with the covenants herein. Removal of damaged
3
in anti"
structures, or the repair and reconstruction of such damaged
structures, shall be promptly undertaken and completed no later
than one (1) year from the date of damage.
2 . 05 Nuisance. No lot shall be used in such a manner as to obstruct
or interfere with the enjoyment of Owners of other lots or annoy
them by unreasonable noises, lights, odors, or otherwise, nor shall
any nuisance or illegal activity be committed or permitted to occur
on any lot. No exterior horn, whistle, bell, or other sound devices
except security devices used exclusively to protect the security of
the Property and the Owners or occupants thereof shall be placed or
used on any part of the Property.
2.06 Animals. One animal unit per acres is allowed. One animal
unit is as the definition is now used by the Weld County Zoning
Regulations that define an animal unit. Dogs, cats,, and other
household pets and small animals may be kept provided they are not
kept, bred, or maintained for any commercial purposes and further
provided that the number thereof do not result in unsanitary
conditions or a nuisance or annoyance to the Owners of other lots.
The Board may adopt from time to time such rules and regulations as
it deems appropriate regarding the type, quantity and requirements
for keeping such household pets and small animals. Notwithstanding
the foregoing, unless hereafter approved by the Board, no swine may
be kept on a lot, and no chickens, ducks, geese, pea hens, or other
non-household birds or poultry may be kept on any lot. All animal
enclosures shall be erected and maintained in accordance with the
covenants herein and the rules and regulations regarding the same
as may from time to time be adopted by the Board. Any decision by
the Board regarding type and number of animals which may be kept
upon any lot, shall not be effective unless and until it has been
reduced to writing. Any such decision may be later rescinded or
modified by the Board, and any lot Owner affected by such recision
or modification shall have a reasonable time, not to exceed
forty-five (45) days to comply with such recision or modification.
2. 07 Keeping of Animals. Non-household animals maintained on any
lot pursuant to Section 2.06 must be kept within an enclosed
corral, pen, or other enclosure, which enclosure must be kept in a
neat, clean, and orderly condition at all times. Small animals
shall be properly housed or penned to confine them on the lot.
Appropriate measures must be maintained to control flies and other
pests on the lot and within such enclosures and for the disposition
of waste and similar matter. The Board shall have the authority to
establish standards for the maintenance of animals, including the
minimum and maximum size of permitted enclosures, the type of
materials which may be used in their construction, and other
similar matters which, in the judgment of the Board, shall be
deemed appropriate for the health, safety, and maintenance of the
4
9402C2
Property and its occupants. It is specifically understood that the
Board may require Owners to take such measures as may be necessary
to prevent the overgrazing of each lot and the destruction of
vegetation on each lot.
2 . 08 Rubbish. No lot shall be used or maintained as a dumping
ground for rubbish. All trash, garbage, and other waste shall be
kept in sanitary containers, and all such containers shall be
maintained in a good, clean condition. All liquid and solid
•
wastes shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination. Wood
shavings, saw dust, and waste materials shall be handled, stored,
and disposed in a manner that controls fugitive dust, blowing
debris, and other potential nuisance conditions.
2 . 09 Slang. No sign of any kind shall be displayed to the public
view on any lot except: (i) one sign of not more than five (5)
square feet advertising the lot for sale or rent; (ii) signs used
by a builder to advertise the Property during the construction and
sales period; and (iii) such other signs as the Board may, from
time to time, approve.
2 . 10 Easements.
A. Utility and Irrigation Easements. Easements for the installation
and maintenance of utilities and irrigation and related Elements
are reserved as shown on the recorded plats of the Property. Within
these easements, unless approved by the Board, no structure,
planting, or other materials shall be placed or permitted to remain
which may damage or interfere with the installation and maintenance
of utilities, or which may change the direction of flow, or
obstruct or retard the flow of water in and through the easements.
The easement area of each lot and all improvements in it shall be
maintained continuously by the Owner of the lot except for those
improvements for which a public authority, or one or more utility
companies, or the Association is responsible. The Association shall
have the right to enter upon such easements from time to time as
the Board may determine necessary or appropriate to construct,
maintain or repair any ditches or other Elements for irrigation
purposes which benefit the Association. The Association shall not
be responsible for any damage to any property or landscaping of any
lot Owner, including any damage occurring outside the easement area
from equipment or operations, if such damages are reasonably
unavoidable. If any such work is done by the Association as a
result of failure of a lot Owner to comply with these covenants or
to properly maintain the easement area, the cost shall be assessed
against such Owner and shall be recoverable by the Association in
the same manner and fashion as general and special assessments with
all the remedies and rights for recovery and collection as provided
in Article IV of this Declaration.
B. Private Access Easement and Public Utility Easement. Each lot
Owner shall have the joint and mutual use of the private access
easement and public utility easement shown upon the plat of the
5
940222
Property. No lot Owner shall interfere with the usage of such
easement area for such purposes. The maintenance and repair of the
easement and any improvements thereon shall be the responsibility
of the Association.
2 . 11 Fences. All fences, walls, hedges and plantings adjacent to
public roads shall be in compliance with any applicable site line
requirements established by the governmental authority having
jurisdiction. All fences, walls, hedges, and shrub plantings shall
be maintained in a clean, neat, and orderly condition at all times.
Wire, metal fabric, and chain link fences are not permitted on any
portion of a lot in front of the dwelling.
2 . 12 Vehicles. No trucks, vans, campers, or vehicles other than
passenger cars, or pickup, or utility trucks with a capacity of
one (1) ton or less shall be parked overnight on the private access
easement. No work of automobile repair or maintenance shall be
performed except within the confines of an Owner's lot. No
abandoned, inoperable, or junk vehicle may be stored on any part of
the Property. All motorized equipment including motor vehicles,
motorcycles and motorbikes, tractors, and any other motorized
equipment used on any lot must be properly equipped with mufflers
so as to reduce to the greatest degree practicable the noise of
operation. The hours of operation of any motorized equipment shall
be confined to the period of time commencing at 7 : 00 a.m. and
ending at 7 : 00 p.m. , unless the Board establishes different hours
hereafter. No bus, large commercial-type vehicle (including, but
not limited to, any dump truck, cement mixer truck, oil or gas
truck, delivery truck, back hoe, bulldozer, or semi-tractor or
trailer) shall be parked, stored or kept on the Property. No
vehicle or equipment shall be kept, parked or stored on or within
the private access easement area.
2 . 13 Fires and Firearms. There shall be no exterior fires permitted
on the Property except barbecue fires contained within elements or
receptacles specifically designed for such purposes, or those fires
for which a permit has been granted by governmental authority. No
Owner shall permit any conditions on his lot which create a fire
hazard or are in violation of fire prevention regulations. No
firearms shall be discharged within the Property.
2.14 Towers. Masts, Antennas, and Satellite Dishes. No radio or
television antennas, masts, or towers shall be permitted which rise
(at the highest point of extension) higher than six feet (6' ) above
the uppermost point of the roof of the principal building being
served. No more than one (1) such antenna, mast, or tower shall be
permitted for any dwelling unit, and no such antenna, mast, or
tower shall be affixed to or serve a stable or other accessory
building. The allowance of and the placement of satellite dishes is
restricted to the discretion of the Architectural Control
Committee.
6
9'Z02C2
2 . 15 Outside Storage.
A. Outside storage of more than one (1) piece of farm equipment on
any lot is prohibited. No construction machinery shall be stored
outside on any lot.
B. All storage tanks for propane, must be placed indoors or below
ground and in compliance with all applicable safety standards and
regulations.
C. No gasoline, paint or any other toxic, hazardous or flammable
liquid or gas, other than propane, shall be stored on any lot in
quantities in excess of fifteen (15) gallons, unless written
approval thereof is obtained from the Board, and such storage is in
compliance with all applicable safety standards and regulations.
D. All unsightly conditions and equipment shall be enclosed within
a structure approved by the Architectural Control Committee,
including any snow removal equipment or garden or maintenance
equipment except when in actual use.
2 . 16 Agricultural Use. The agricultural use of each lot shall be
limited to a produce garden and/or orchard unless proper
conservation measures are utilized to prevent blowing dust and soil
erosion. Weeds must be kept continuously cut or otherwise
continuously controlled on all grounds including grounds not used
for lawns or gardens.
2 . 17 Building Location. Unless otherwise approved by the
Architectural Control Committee, no building shall be located on
any lot nearer than twenty-five feet (25' ) to the front lot line,
nor fifteen feet (15' ) to any side lot line. No building or any
portion thereof including eaves and overhangs shall ever encroach
upon any adjacent lot.
2 . 18 No Subdivision of Lots. No lot shall hereafter be subdivided.
ARTICLE III
OWNERS ASSOCIATION
3 . 01 The Association. Each Owner of each lot within the Property
shall be a member of the Association. Status as an Owner of a lot
is the sole qualification for membership, such membership being
deemed an incident of Ownership of a lot. For purposes of this
Section, a husband and wife, or other individuals who jointly own
a lot, shall be deemed to constitute a single Owner of a lot. An
individual's membership in the Association shall commence as of the
date that he receives title to a lot and shall terminate on the
date of termination of his Ownership of a lot.
3 . 02 Classes of Membership and Voting Rights. The Association shall
have two classes of voting membership. Class A members shall be the
Owners of lots except the Declarant, and each Class A membership
shall be entitled to one (1) vote for each acre lot owned by a
Class A member. The Class B membership shall be the Declarant, and
7
3402G2
the Class B member shall be entitled to three (3) votes for each
acre lot owned by the Declarant. In the event a lot is owned by (2)
or more persons, whether by joint tenancy, tenancy in common, or
otherwise, the vote for such lot shall be exercised as the Owners
thereof shall determine but the vote attributable to such lot shall
be cast by only one (1 ) of the Owners of such lot who shall be
designated by the several Owners of such lot in writing prior to or
at the time the vote is cast. In the absence of such designation by
such Owners and until such designation is made, the Board of
Directors of the Association shall make such designation. No vote
may be cast or counted for any lot for which assessments, fees,
dues, or other monies are in default of payment at the time votes
are counted.
3 . 03 Board of Directors. The affairs of the Association shall be
conducted by a Board of Directors (the "Board") . The powers and
duties of the Board shall include, but not be limited to the
following:
A. To enforce all of the applicable provisions of this Declaration.
B. To maintain the Common Elements as provided in Section 4 . 01.
C. To contract for and pay for the cost of providing the
maintenance functions described in Article IV out of funds
collected by the Board.
D. To levy and collect the costs of maintenance as provided in
Article IV hereof and to make or authorize the expenditures
therefrom as hereinafter described.
E. To receive and process complaints from Owners with respect to
any provisions of this Declaration.
F. To adopt such rules and regulations as the Board from time to
time may deem necessary or appropriate to carry out the provisions
of this Declaration.
G. To render such discretionary decisions as are vested in the
Board pursuant to this Declaration.
H. To obtain and exercise usage of water rights to the benefit of
the Association and its members, and to comply with and fully
perform any requirements related to the waters located on or
flowing on the Common Elements.
I. To impose charges for late payment of assessments, recover
reasonable attorney fees and other legal costs for collection of
assessments and other actions to enforce the power of the
Association, regardless of whether or not suit was initiated, and,
after notice and an opportunity to be heard, levy reasonable fines
for violations of the Declaration, Bylaws, and Rules and
Regulations of the Association, and to establish the rate of
interest to be assessed for all sums which may be payable to the
Association.
J. To obtain and keep in force such insurance as the Board may from
time to time deem appropriate including, but not limited to,
casualty and liability, worker's compensation, errors and omissions
coverage for officers, directors, employees and members of the
Association, insurance for indemnification of officers, directors
and members of the Association acting on behalf of and for the
8
benefit of the Association, and such other insurance that the Board
may deem appropriate.
K. To exercise all powers and rights granted to the Association by
the provisions of- the Colorado Common Interest Ownership Act, as
from time to time amended.
L. To take such other action or to incur such other obligations
whether or not herein expressly specified as shall be reasonably
necessary to perform the Association's obligations hereunder,
subject to the approval of the members of the Association.
3 . 04 Election of Board Members. The initial Board of Directors
shall consist of one (1) person appointed by the Declarant, who
shall serve until his or her successor(s) is elected at the first
annual meeting of the members of the Association. The number of
directors shall be three (3) and the term of each director shall be
one (1) year. Each Class A member in the Association shall have the
right to cast one vote per acre for each vacancy to be filled on
the Board of Directors at each annual meeting. Each Class B member
shall have the right to cast three (3) votes per acre for each
vacancy to be filled on the Board of Directors at each annual
meeting. Cumulative voting shall not be allowed. The candidate, or
if more than one (1) vacancy exists, the candidates, receiving the
most votes shall be deemed elected.
3 . 05 Meetings of the Association and Officers. The number and type
of officers, and the provisions for regular and special meetings of
the Association shall be as provided from time to time by the
Bylaws of the Association.
3 . 06 Coordination with Bylaws. Except as may be otherwise provided
herein for action of the Board regarding interest upon unpaid
assessments, the provisions of this Declaration provide the minimum
substantive terms for the enforcement of this Declaration by the
Board and the Architectural Control Committee. Further an
additional provisions for the operation of the Board and the
Architectural Control Committee may in the future be, set forth by
the Bylaws of the Association, and by appropriate resolutions or
rules and regulations adopted by the Board or the Architectural
Control Committee which supplement and further the intent and
purposes of this Declaration. In the event any conflict occurs
between the provisions of this Declaration and such Bylaws or
resolutions, then this Declaration shall control and to the extent
possible, the conflicting Bylaws, resolutions or rules and
regulations shall be construed to be effective where it promotes
the interest of the provisions of this Declaration and invalid
where in derogation of these Declarations.
3 . 07 Transfer. The membership held by any Owner shall not be
transferred, pledged or alienated in any way, except upon the sale
of the Owner's lot, and then only to the purchaser of such lot. A
prohibited transfer is void and will not be reflected upon the
books and records of the Association.
9
9= 02G2
3 . 08 Delegation of Use. The Board may from time to time establish
rules and regulations regarding the delegation by an Owner of
rights of use and enjoyment of the Common Elements to such Owner' s
tenants or purchasers.
ARTICLE IV
MAINTENANCE, BUDGET, ASSESSMENTS
4 .01 Maintenance of Common Elements. The Association shall be
responsible for the maintenance of the private access easement
within the Property until and unless such maintenance obligation is
assumed by the County of Weld, Colorado, or by any other
governmental body. As long as the Association is responsible for
road maintenance, the Association shall take all steps necessary to
insure that the private access easement is maintained, repaired,
and improved to appropriate standards as determined by the Board.
The Association shall be responsible for providing for such snow
removal during winter months as the Board shall deem appropriate
and shall have the authority to contract for such work as
necessary.
4 . 02 Failure of Association to Maintain Common Elements. In the
event the Association shall fail to maintain the Common Elements in
a reasonable order and condition in accordance with the original
plan submitted to the Board of County Commissioners with the final
subdivision Plat for the Property, the Board of County
Commissioners for Weld County may serve written notice upon the
Association, or upon the Owners, setting forth the manner in which
the Association has failed to maintain the Common Elements in a
reasonable condition, and said notice shall include a demand that
such deficiencies of maintenance be cured within thirty (30) days
thereof, and shall state the date and place of a hearing thereon,
which shall be held within fourteen (14) days of the notice. At
such hearing, the County may modify the terms of its original
notice as to the deficiencies, and may give an extension of time
within which they shall be cured. If the deficiencies set forth in
the original notice or in the modifications thereof are not cured
within said thirty (30) days, or any extension thereof, the County,
in order to preserve the taxable values of the Property and to
prevent the Common Elements from becoming a public nuisance and
public liability, may undertake to maintain the same for a period
of one (1) year. Before the expiration of. said year, the County,
upon its initiative or upon the written request of the Association,
shall call a public hearing upon notice to the Association and to
the Owners, to be held by the Board of County Commissioners, at
which hearing such Association, or the Owners, shall show cause why
such maintenance by the County shall not, at the election of the
County, continue for a succeeding year. If the Board of County
Commissioners shall determine that the Association is ready and
able to maintain the Common Elements in a reasonable condition, the
County shall cease to maintain the Common Elements at the end of
10
said year. If the Board of County Commissioners shall determine
that the Association is not ready and able to maintain the Common
Elements in a reasonable condition, the County may, in its
discretion, continue to maintain said Common Elements during the
next succeeding year subject to a similar hearing and determination
in each year thereafter.
The cost of such maintenance by the County shall be paid by the
Owners in the manner set forth in Section 4 . 03 , and any unpaid
assessments shall become a tax lien upon the lot owned by a
defaulting Owner. The County shall file a notice of such lien in
the Office of the County Clerk and Recorder upon the Property
affected by such lien within the subdivision, and shall certify
such unpaid assessments to the County Treasurer for collection,
enforcement, and remittance in the manner provided by law for the
collection, enforcement, and remittance of general Property taxes.
4.03 Costs of Maintenance. The costs of maintenance functions
imposed on the Association pursuant to Section 4 . 01, together with
the expenses of administration and operation of the Association and
its boards and committees (including any appropriate indemnity to
members thereof) , shall be divided equally between all of the
Owners of each lot on a per acre basis. (i.e. the total assessment
will be divided by the total acres, to get a per acre cost). Each
Owner, by the acceptance of a conveyance of a lot, shall be
obligated to pay his share of such costs. An Owner shall be
responsible for his full share of maintenance costs whether or not
his lot is improved with a home.
4.04 Establishment of Maintenance Budget. The Board will establish
a maintenance and operations budget each year and shall submit such
budgets to the members of the Association for review and approval
prior to the end of each year. Notice of such budget, and meetings
for adoption shall be in accordance with the provisions of the
Colorado Common Ownership Interest Act, as from time to time
amended. The amount of each maintenance budget shall be assessed on
a per acre basis against each lot in monthly installments. Should
the Association fail to approve a budget and set the amount of
monthly maintenance charges prior to the commencement of any
calendar year, the Board shall continue to levy and collect monthly
maintenance assessments at the level of the previous calendar year,
plus an increase of not more than twenty-five percent (25%) until
the Association shall adopt the current budget. Without in any way
limiting the nature and type of expenses upon which the budget may
be based, the budget may include anticipated expenses for
reasonable contingency reserve and working capital and sinking
funds, legal and other professional expenses, for casualty and
liability insurance for the Common Elements, and for errors and
omission or other insurance protection designed to provide defense
and insurance coverage to the officers of the Association in
connection with any matters arising from Association business and
the performance of the officers of the Association or related to
11
94.O7 7.
•
their status as officers.
4 . 05 Special Assessments. In addition to the monthly maintenance
charge to be assessed against each Owner pursuant to Section 4 . 04 ,
the Board may, from time to time, levy and collect special
assessments to cover extraordinary charges or expenses not
anticipated by the annual budget approved by the Association.
Unless approved by a majority of all the voters, the aggregate of
all special assessments levied in any calendar year shall-not
exceed twenty-five percent (25%) of the budgeted gross expenses of
the Association for such fiscal year. Notwithstanding the
foregoing, the costs incurred by the Association to remedy any
default by an Owner of the Owner's obligation under this
Declaration, may be assessed against such Owner without
establishment of any special assessment or other procedure, and may
be collected from such Owner in the same manner as provided in
paragraph 4 . 07 and paragraph 4 . 08 below. Any charges imposed for
late payment, attorney fees and costs, and fines shall be deemed to
be assessments against the Owner's lot and recoverable and subject
to the same rights and remedies available to the Association for
all other assessments.
4.06 Accounting. All funds collected by the Association shall be
promptly deposited into a commercial bank account and/or a savings
and loan account in an institution to be selected by the Board. No
withdrawal shall be made from said account except to pay the
obligations of the Association. No later than ninety (90) days from
the end of each calendar year the Board shall distribute to each
Owner an operating statement reflecting the income and expenditures
of the Association for the previous calendar year. The Board shall
maintain complete and accurate books and records of its income and
expenses in accordance with generally accepted accounting
principles consistently applied and shall file such tax returns and
other reports as shall be required by any governmental entity. The
books and records shall be kept at the office of the Association
and shall be open for inspection by any Owner or by the holder of
any first deed of trust or mortgage of record at any time during
normal business hours following reasonable advance notice of the
request for inspection.
4 .07 Creation of Lien and Foreclosure. The monthly maintenance
charge, together with any special assessment or other penalty, cost
or charges which an Owner is obligated to pay, shall be a debt of
such Owner to the Association on the date when each installment
thereof becomes due. In the event of the default of any Owner in
the payment of any installment of maintenance charges or special
assessments, such amount, and any subsequently accruing unpaid
assessments, together with interest thereon at the rate of eighteen
percent (18%) per annum, or such other rate as may hereafter from
time to time be established by the Board, and together with all
costs which may be incurred by the Association in the collection of
such amount, together with reasonable attorneys' fees shall be and
12
9402C2
become a lien on the interest of the defaulting Owner in his lot.
The Association may, but is not required to, execute and record in
the Weld County Recorder's Office of a Notice of Assessment Default
setting forth the name of the defaulting Owner as indicated by
Association records, the amount of the delinquency, and the fact
that additional delinquencies may accrue and increase such amount,
and the legal description of his lot. Such lien shall attach and be
effective from the due date of the assessment, and may be enforced
by foreclosure by the Association of the defaulting Owner's
interest in the Property. The lien provided herein shall be in
favor of the Association for the benefit of all Owners who are
Association members. In any such foreclosure, the defaulting Owner
shall be required to pay the costs and expenses of such
proceedings, the costs and expenses for filing any notice or claim
of lien, and all reasonable attorneys' fees in connection with such
foreclosure. The lien shall include and the defaulting Owner shall
also be required to pay to the Association the monthly maintenance
charge and any other assessments for the lot whose payment comes
due during the period of foreclosure, and the Association shall be
entitled to a receiver to collect the same. The Association, on
behalf of the member Owners, shall have the power to bid on the lot
at foreclosure sale and to acquire, hold, lease, mortgage, and sell
the same. Such lien provided herein shall have the priority
provided by the Colorado Common Interest Ownership Act. The
Association may, but is not required to send notice of default to
an Owner, and a copy of such notice may, but is not required to, be
mailed to the holder of any deed of trust or mortgage of record
constituting a lien on such lot. Upon the payment of the amounts
due, if the Association recorded a Notice of Assessment Default,
the Association shall cause to be recorded a certificate setting
forth the satisfaction of such lien.
4. 08 Owner's Obligation for Payment of Assessments. The amounts
assessed by the Association against each lot and any interest,
costs, and attorney fees in connection with default in payment
thereof, shall be the personal and individual debt of the Owner
thereof at the time the assessment is made. Each person, if more
than one (1) , composing the Owner shall be jointly and severally
liable therefore. Suit to recover a money judgment for unpaid
expenses shall be maintainable without foreclosing or waiving the
lien securing same. No Owner may exempt himself from liability for
contribution toward the common expenses by a waiver of the use or
enjoyment of the Common Elements or by abandonment of his lot.
4.09 Statement of Assessment Status. Upon payment to the
Association of a reasonable fee, as may from time to time be
established by the Board, accompanied by the written request of the
Owner or any mortgagee or prospective Owner of a lot, the
Association shall issue a written statement setting forth the
amount of unpaid assessments and any other charges outstanding with
respect to the subject lot, and the date when the
same became due. Such statement shall also include credit for any
13
34 0Zt l2
advanced payments of common assessments, but no credit shall be
given for any accumulated amounts for reserves or sinking funds, if
any. The statement issued by the Association shall be binding upon
the Association and its officers and each Owner in favor of persons
who rely thereon in good faith. The manner and time for providing
such statements shall be as provided by the terms of the Colorado
Common Interest Ownership Act, as from time to time amended.
4 . 10 Liability upon Transfer. Any Owner who sells his or her lot
in good faith and for value shall be relieved of the obligation for
payment of assessments thereafter attributable to the lot, as of
the date of the recordation of the deed transferring such lot to
the subsequent purchaser. Except as may otherwise be provided by
the Colorado Common Interest Ownership Act, as from time to time
amended, the Owner transferring, and the purchaser of the
transferred lot, shall be jointly liable for payment of all
assessments and any related interest, costs and attorney fees
attributable to the lot accrued through the date of such
recordation, and the lien for recovery of the same shall remain in
force against such lot.
ARTICLE V
APPOINTMENT OF ARCHITECTURAL CONTROL COMMITTEE
5. 01 Appointment of Committee. The Declarant has established an
Architectural Control Committee, the initial member of which is
Ivar Larson. Until all lots within the Property have been sold by
the Declarant, the Declarant shall appoint the Architectural
Control Committee, which may consist of one (1) or more persons as
determined by the Declarant At such time as the Declarant has sold
all lots, or on December 31, 2000, whichever date occurs first, the
number of members of the Architectural Control Committee shall be
established and appointed by the Board. No member of the
Architectural Control Committee shall be entitled to any
compensation for services as a member of the Committee. The address
of the Architectural Control Committee shall be at the principal
office of the Association.
5.02 Architectural Control. No building, fence, out building, or
other permanent improvements shall be erected, placed, or altered
on any lot until the construction plans and specifications and a
plan showing the location of the improvements have been approved by
the Architectural Control Committee as to quality of workmanship,
quality and type of materials, the esthetics and harmony of
exterior design with the character of the community and the
existing structures, and as to location of structures with respect
to topography and finished grade elevation, and compliance with
these covenants.
5.03 Rules of Procedure. The Architectural Control Committee may
adopt rules and regulations from time to time establishing design
14
9 .021:2
criteria not inconsistent herewith. The Architectural Control
Committee shall meet at the convenience of the members thereof as
often as necessary to transact its business. Request for approval
of design shall be made to the Committee in writing, accompanied by
two (2) complete sets of plans and specifications for any and all
proposed improvements to be constructed on any lot. Such plans
shall include plot plans showing drainage and grading plahs, the
location on the lot of the building, wall, fence, or other
structure proposed to be constructed, altered, placed, or
maintained thereon, together with the proposed construction
material, color scheme for roofs and exteriors thereof,
architectural renderings, and proposed landscape plantings. The
Architectural Control Committee may require submission of
additional plans, specifications, and of samples of materials and
colors prior to approving or disapproving the proposed improvement.
Until receipt by the Architectural Control Committee of all the
required materials in connection with the proposed improvement to
the Property, the Committee may postpone review of any material
submitted for approval.
5.04 Approval of Plans. The Architectural Control Committee shall
approve or disapprove plans, specifications, and details within
thirty (30) days from the receipt all materials requested by the
Committee and shall notify the Owner submitting them of such
approval or disapproval in writing. If all samples, plans,
specifications, and details requested by the Committee have been
submitted and are not approved or disapproved within such
thirty (30) day period they shall be deemed approved as submitted.
One set of plans and specifications and details with the approval
or disapproval of the Architectural Control Committee endorsed
thereon shall be returned to the Owner submitting them and the
other copy thereof shall be retained by the Architectural Control
Committee for its permanent file. Applicants for Architectural
Control Committee action may, but need not, be given the
opportunity to be heard in support of their application. Refusal of
approval of plans, location, or specifications may be based by the
Architectural Control Committee upon any reasonable grounds,
including purely aesthetic considerations, which in the sole and
uncontrolled discretion of the Architectural Control Committee
shall seem sufficient, reasonable, and not capricious. The
Committee may condition its approval of any proposed improvement to
property upon the making of such changes therein as the Committee
may deem appropriate.
5.05 Filing Fees. As a means of defraying its expenses, the
Architectural Control Committee may require a reasonable filing fee
to accompany the submission of plans to it in an amount to be fixed
by the Board of Directors of the Association from time to time No
additional fees shall be required for resubmission of plans revised
in accordance with Architectural Control Committee recommendations.
5. 06 Completion of Improvements. Any improvements approved by the
15
340212
Architectural Control Committee shall be timely commenced and in no
event commenced later than one (1) year from the date of such
approval. If not commenced within such time, the approval of the
Committee shall automatically expire and the applicant must
thereafter resubmit all plans to the Committee for reconsideration.
The fact that a proposed improvement has previously been Approved
by the Committee shall not require the Committee to again approve
such proposed improvement if the approval has expired pursuant to
the terms of this paragraph. Once approved improvements have been
commenced all such improvements shall be completed no later than
one (1 ) year from the date of commencement.
5. 07 Inspection of Work and Notice of Completion. The members of
the Architectural Control Committee, and any agent or
representative thereof, shall have the right to inspect any
improvement to property prior to and after completion, provided
that the right of inspection shall terminate three days after the
Committee has received from the applicant a notice of completion.
5. 08 Estoppel Certificates. Upon the reasonable request of any
interested party, and after confirming any necessary facts with the
Architectural Control Committee, the Board shall furnish a
certificate with respect to the approval or disapproval of any
improvement to property or with respect to whether any improvement
to property is made in compliance herewith. Any person without
actual notice to the contrary shall be entitled to rely on said
certificate with respect to all matters set forth therein.
5. 09 Non-Liability- No member of the Architectural Control
Committee, the Board, the Association, or any other agents, shall
be liable for any loss, damage or injury arising out of or in any
way connected with the performance of the Architectural Control
Committee. In reviewing any matter, the Architectural Control
Committee is not responsible for reviewing, nor shall its approval
of any improvement to property be deemed to be, and approval of the
improvement to property from the standpoint of safety, whether
structural or otherwise, or conformance with any building, zoning
or other codes or governmental laws or regulations.
ARTICLE VI
GENERAL PROVISIONS
6.01 Term. These covenants as set forth in this Amended and
Restated Declaration are to run with the land and shall be binding
on all parties and all persons claiming under them for a period of
twenty-five (25) years from the date they are recorded after which
time said covenants shall be automatically extended for successive
periods of ten (10) years unless an instrument signed by
seventy-five percent (75%) of the then Owners of the lots has been
recorded agreeing to terminate said covenants or change them in
whole or in part.
16
94Q?c2
6. 02 Amendments. Except as set forth in Section 6. 03 hereof, the
Owners of seventy-five percent (75%) of the lots may at any time
modify, amend, augment, or delete any of the provisions of this
Declaration provided however that: (i) no amendment shall be
effective with respect to any person not having actual knowledge
thereof, until such time as notice of such amendment is filed for
record in the office of the Weld County Clerk and Recorder;
(ii) no amendments may be adopted which would be inconsistent with
any condition or covenants imposed by Weld arimer County as a
condition of approval of or any matter as set forth in the recorded
Plat thereof; (iii) the Association may not be dissolved without
the prior permission of the Board of County Commissioners of Weld
County; (iv) no amendment may be adopted which affects the
obligations of the Association to comply with any mined land
reclamation plan or requirements related to water augmentation
plans; and (v) any of the following amendments to be effective must
be approved in writing by the record holders of all encumbrances on
the lots at the time of such amendment:
A. Any amendment which affects or purports to affect the
validity or priority of any encumbrance; or
B. Any amendment which would necessitate a mortgagee after it
has acquired a residential lot to pay any portion of any unpaid
assessment or assessments accruing prior to foreclosure, to the
extent the amounts would exceed the priority of such assessments
over that provided by the Colorado Common Interest Ownership Act,
as amended from time to time.
6. 03 Mortgagee Protection Clause. Except as otherwise provided by
the terms of the Colorado Common Interest Ownership Act, as amended
from time to time, with respect to the priority of the lien for
assessments, no breach of the covenants or restrictions herein
contained, nor the enforcement of any lien provided for herein,
shall defeat or render invalid the lien of any mortgage or deed of
trust made in good faith and for value, but all of said covenants
and restrictions together with any preexisting liens for
maintenance assessments shall be binding upon and effective against
any Owner whose title is derived through foreclosure or through
trustee sale or through deed given in lieu thereof.
6.04 Enforcement. The provisions of these covenants may be enforced
by any Owner or by the Board of Directors of the Association. In
addition to lien foreclosure, enforcement may be by proceedings at
law or in equity against any person or persons violating or
attempting to violate any of these covenants either to restrain
violation, or to recover damages, or both. All remedies provided
are cumulative, and pursuit of one shall not bar pursuit of any
other, independently, or jointly, and in any sequence.
6. 05 Severability. Invalidation of any clause, sentence, phrase, or
provision of these covenants by judgment or court order shall not
affect the validity of any other provisions of this Declaration
which shall remain in full force and effect.
17
9402C2
6. 06 Application of Colorado Common Interest Ownership Act -
Conflicts and Provisions. The Property which is subject to this
Declaration consists of fewer than ten (10) units, and the
Declarant has not reserved rights to add additional units or real
estate, or to subdivide or withdraw units or real estate, or to
convert units to Common Elements. Declarant hereby adopts those
portions of the CCIOA which are required by Section 38-33 . 3-117,
C.R.S. , and those other provisions of the CCIOA as are referred to
in these Declarations. Further, the Declarant hereby elects to
apply the other provisions of CCIOA, but only to the extent that
they are not in conflict with any other provision of this
Declaration. Notwithstanding the provisions of 38-33 . 3-203 , C.R.S. ,
if a conflict arises between the terms of this Declaration, and the
provisions of CCIOA, this Declaration shall control unless the
CCIOA specifically provides that such provisions of the CCIOA are
mandatory or not subject to the ability of the Declarant to elect
not to apply such provisions. This Declaration and the CCIOA are to
be construed and applied in such a way as to be complementary and
supplemental to each other, and the remedies provided by this
Declaration and the CCIOA are cumulative. No conflict between this
Declaration and the CCIOA shall be deemed to exist by virtue of the
lack of any specific provision appearing in either, and a conflict
shall only arise if specific provisions of the two cannot be
reasonably reconciled. The Board shall have the power and authority
to determine and resolve any such conflicts in accordance with the
foregoing principles.
IN WITNESS WHEREOF, this Declaration has been executed by the
Declarant who is the Owner of all lands in the Property, and
mortgagees holding any lien against) the Prop ty, whose signatures
and identification of Ownership intere
� ,�
clar set forth below.
IvaqL son
ti--4i C-�
Donna M. Larso
STATE OF COLORADO
ss.
COUNTY OF LARIMER
Sworn and subscribed to befoore, me personally by Ivar W. and
Donna M. Larson this /7� 7L day of 1.7,4..e#,„..6-14_,- , 1993 .
WITNESS my hand and official seal.
My commission expires: N-30-96
l'e
Notary Public
18
9502C2
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Y.:' J..'. • yerY• aver veal r«...mu P\AIIANDIF.F VQY:RV PIPE IINF.COMPANY. • Daisies Cgr.ue.. having sa. (. ,q<r v+.F..--...*-----
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y 9
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d Crete*r will r laver t•reeler will.Guw'•snrveda«e d r access a l lac d rq•ipwr w mew •V:. ;tar;,,_'It -..:
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err say I:..to 4 traced below whichever its he aortae•f• stir caves el to(211ert r 41w Or sir.
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epee.is be w.naird oed dtlermiad w tare disinterested pens•'•w le he apr•trJ by dye Grate%w is 4 t• �„ r
r s.appointed by the GrtK.J the J:d is be chases by S.we w•ppra•d•flaw—.ova award d sock tart were a:
shall be Dal rJ nwasir. x •_
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Para d•11.men hrrre die h.rrder w 6.w' • , e P~
1221 Eighth Awane. Seta D. Greeley. Colorado 80631 y 1 ai a • •
'•i:is:' a -_ ; ;:0
lire career. dp•rastea. srcrws. ..d taigaa at the parties
• Tin Croat Hall he hid... ass Jo .. _ •.
hone. sad all rights retie pmd.r•a,el tee sepr•u11.a..r released r r.ip.J is wire e r part•II is ,t •T_
-r' tWe Gastr sad.d.lr..i•4 t •r � �r.
rdrnud that Jr Coe•:tine M<Yrpd la up men except r a.ni.a,aped by
C. E. Jenkins P.O. 6.. Iw,iw.w City. P n.).7.4• •,
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1 T:t:..wmer A. SDd by •1•o haring a legal address of P. 0. .•• r m%•-
W;.....: 64141. r A�®u usma Mt lax cola. t
yes 127, Brighton, Colorado 60601. 22nd C ..; '.
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ACILNOTL'DOIENT FOR HUSBAND AND 9IFE Yi '`.
STATE UV COLORADO 1 es. _
1 -
000NTY OF 1
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ACCNOILE0O CC FOR INOfNR4L �..r
1 � : .r1..
.l , .STATE OF COLORADO 1 . , _. ,, ,• - ;
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•" COUNTY OF KID 1 .�1 .:L +r t ai.
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O.7i �TARy•i:'': January 18, 1923
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?^:AU6L\C".'a 1 , l t.:
''. ACLVIT J•DOIENT FOR CORPORATION •�'" 1 ; -��
• - STATE 0.-COLORADO 1
I es.
winery OF 1 The
e Ier w9eieg irn.a a a ee6e.ld{d behest ere ekb 19�.
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MINOR SUBDIVISION FINAL PLAT
AFFIDAVIT OF INTEREST OWNERS
SURFACE ESTATE
Application No. S-333
Subject Property Whitetail Acres 1 , previously known as AgView 1 ,
being a portion of the East Half of Section 14, Township 4
North, Range 68 West of the 6th Principal Meridian, Weld County
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.
Diana R. Wolenetz
The foregoing instrument was subscribed and sworn to before me this
17th day of November , 19 93 WITNESS my hand and official seal.
My Commission Expires: 11 -30-96
otary Publ c 4�/
9402.T.2
;-/- 4/- ter
NAMES OF PROPERTY OWNERS WITHIN 500 FEET
Please print or type
NAM& ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL
STATE AND ZIP CODE IDENTIFICATION (1
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ROAD CONSTRUCTION COST ESTIMATE:
i. Materials & Installation = $60,700. 00
2. Seed for borrow ditch = $ 6,500.00
3. Culverts = $ 5,200.00
TOTAL = $72, 400. 00
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1921
B 1412 REr 02360017 11/17/93 09 : 37 $20 . 00 1/004
:: 2360017 F 0894 M. ' ANN FEUERSTEIN CLERK & F ORDER WELD CO, CO
CORRECTION WARRANTY DEED
THIS DEED, Made this 17TH day of NOVEMBER, 1993, between L. & L. , INC. , a
Colorado Corporation located in the County of Larimer and the State of Colorado,
of the first part, and IVAR W. AND DONNA M. LARSON, Tenants in Common, of the
County of Larimer and State of Colorado, of the second part:
WITNESSETH, that the said party of the first part, for and in consideration
of the sum of Ten Dollars and other good and valuable considerations to the said
party of the first part in hand paid by the said party of the second part, the
receipt whereof is hereby confessed and acknowledged, has granted, bargained,
sold, and conveyed, and by these presents does grant, bargain, sell, convey and
confirm unto the said party of the second part, his heirs and assigns forever,
all the following described parcels of land, situate, lying and being in the
County of Weld and State of Colorado, to-wit:
ALL OF THE NE1/4 and all that part of the SE1/4 lying North of the
Little Thompson River in Section 14, Township 4 North, Range 68 West
of the 6th P.M. , Weld County, Colorado:
EXCEPT, the following described property:
Part of the NE1/4 of Section 14, Township 4 North, Range 68 West of
the 6th P.H. , Weld County, Colorado, being more particularly
described as follows:
Beginning at the Northeast corner of said Section 14, and
considering the North line of said NE 1/4 as bearing East and West
with all other bearings contained herein relative thereto.
Thence South 00°27'42" West, 1821.68 feet;
Thence North 34°46'24" West, 344.55 feet;
Thence North 27°31'32" West, 153.49 feet;
Thence North 19°32'43" West, 124.90 feet;
Thence North 16°11'32" West, 259.48 feet;
Thence North 30°01'40" West, 487.79 feet;
Thence North 26°22'29" West, 399.87 feet;
Thence North 47°08.52" West, 375.00 feet to a point on the north
line of said NE 1/4 and the approximate center line of Cnty Rd 46;
Thence continuing along said North line, North 90°00'00" East, a
distance of 1,092.92 feet to the Point of Beginning.
FURTHER EXCEPT, the following described property:
That portion of the East Half of Section 14, Township 4 North, Range
68 West of the 6th P.M. , County of Weld, State of Colorado, more
particularly described as follows:
Considering the North line of the Northeast Quarter of said Section,
as monumented by a 1/2" rebar at the Northeast corner and the North
Quarter corner of said Section, to bear East and West and with all
bearings contained herein relative thereto.
Beginning at the Northeast corner of said Section 14;
thence along the North line of the Northeast Quarter of said Section
West 1723.92 feet to the centerline of that certain 60.00 foot wide
access, utility and irrigation easement described in Deed recorded
in Book 1064, at Reception Number 02005185, records of said County;
thence along said centerline the following three courses and
distances:
3 1412 RFC 0 50017 11/17/93 09 : 37 '0 .00 2/004
F 0895 MARY ANN FEUERSTE'_N CLERK S RECOPuER WELD CO, CO
South 03°13'14" East 222.70 feet to the beginning of a tangent curve
concave to the East, having a central angle of 40°51'08" and a
radius of 379.05 feet, the chord of said curve bears South 23°38'48"
East 264.58 feet;
thence Southerly along the arc of said curve 270.26 feet to the end
of said curve;
thence tangent from said curve South 44°04'22" East 278.02 feet to
the TRUE POINT OF BEGINNING;
thence continuing along said centerline of said easement the
following three courses and distances:
South 44°04'22" East 115.09 feet to the beginning of a tangent curve
concave to the Southwest, having a central angle of 45°23'00" and a
radius of 167.41 feet, the chord of said curve bears South 21°22'52"
East 129.16 feet;
thence Southeasterly along the arc of said curve 132.60 feet to the
end of said curve;
thence tangent from said curve South 01°18'38" West 200.00 feet;
thence North 88°41'22" West 360.00 feet;
thence North 01°18.38" East 400.00 feet;
thence South 88°41'22" East 228.25 feet more or less to the TRUE
POINT OF BEGINNING.
TOGETHER WITH A one-half interest in that certain 60.00 foot wide
access, utility and irrigation easement described in deed recorded
in Book 0983, at Reception No. 01910315, records of Weld County,
Colorado, for access to the above excepted property and all the
interest in the remaining easement described in the deed recorded in
Book 0983 at Reception 01910315 , records of Weld County, Colorado.
TOGETHER WITH THE land in the SE1/4 lying North of the Little
Thompson River more particularly described as follows:
ALL THAT PART of the East half of the Southeast Quarter of said
section Fourteen (14) described as follows:
Commencing at a point on the East line of said Section 138 rods
north of the Southeast corner of said section;
thence running in a southwesterly direction to a point 110 rods
North and 40 rods West of the southeast corner of said section;
thence due West 40 rode to the west line of said East half of the
Southeast Quarter;
thence North on said west line 51 rods to the North line of said
SE 1/4;
thence East on the north line of said SE 1/4 to the East line of
said SE 1/4;
thence South on the east line of said SE 1/4 23 rods to the place of
beginning, containing 22 acres more or less.
Also beginning 70 rods North of the Southwest corner of the west
Half of the Southeast Quarter of said Section Fourteen(14) ;
thence northeasterly to a point 110 rods North and 28 rods East of
same point;
thence East 52 rods to the east line of said eighty;
thence North 51 rods to the north line of same;
thence West along the north line of same to the northwest corner
thereof;
and thence South along the west line of said SE 1/4 91 rods to the
place of beginning, containing 29 acres more or less.
Also commencing at a point on the east line of the Northwest Quarter
2
9402C2
E 1412 REC 02360017 11/17/93 09 : 37 $20 . 0C' 3/004
F 0896 MARY ANN FE, .STEIN CLERK & RECORDER W'. 1 CO, CO
of said Section Fourteen (14) whence the north one-quarter corner of
said section bears North 0°20' a distance of 933 feet;
thence South along the east one-quarter line a distance of 599 feet;
thence North
I!
h 10°45' West a distance of 300 feet;
b410 1118! Y b• ..' . 1! i f in i I
cpsucs y{OLLJJ io°d�. Msat 4 g7aC4UC6 o; 300 ;64c:
cy6UC6 2oncp groma cps 692t 0U6-d774Lt6L TTU6 4 g72tgxce 0; 288 ;sec!
agrq 26cCTOU pegta MOttp 0050, g gT2gguC6 0; d33 ;66C:
0; agrq 26CFT0U F,C)RLc66U (T1) MW6UC6 tp6 UOLP? ou6-dnflt6L COLU6t 0;
E 0ol FYBA Y1411 EE' 3EJJEIA CFEBI< t BECOBDEIS i+i' 1 CO
.STEIN CLERK S RECORDER W 1 CO, CO
of said Section Fourteen (14) whence the north one-quarter corner of
said section bears North 0°20' a distance of 933 feet;
thence South along the east one-quarter line a distance of 599 feet;
thence North 10°45' West a distance of 300 feet;
thence North 20°40' West a distance of 400 feet;
thence North 60°55' West a distance of 255 feet;
thence North 38°0' East a distance of 50 feet;
thence South 78°10' East a distance of 155 feet;
thence North 33°50' East a distance of 58.5 feet;
thence South 34°35' East a distance of 58 feet;
thence South 58°20' East a distance of 85 feet;
thence South 32°35' East a distance of 186 feet to the point of
beginning containing 2.01 acres more or less.
TOGETHER 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 the estate,
right, title, interest, claim and demand whatsoever of the said party of the
first part, either in law or equity, of, in and to the above bargained premises,
with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with
the appurtenances, unto the said party of the second part, his heirs and assigns
- forever. And the said party of the first part, for itself, its successors and
assigns, does covenant, grant, bargain and agree to and with the said party of
the second part, his heirs and assigns, that at the time of the ensealing and
delivery of these presents, it is well seized of the premises above conveyed, as
of good„ sure, perfect, absolute and indefeasible estate of inheritance, in law,
in fee simple, and 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 and other grants, bargains, sales, liens,
taxes, assessments and encumbrances of whatever kind or nature soever, and
easements and restrictions of record, and the above bargained premises in the
quiet and peaceable possession of the said party of the second part, his 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. The singular number shall include the plural,
the plural the singular and the use of any gender shall be applicable to all
genders.
IN WITNESS WHEREOF, The said party of the first part hath caused its
corporate name to be hereunto subscribed by its President, and its corporate seal
to be hereunto affixed, attested by its Secretary/Treasurer, the day and year
first above written.
L. & LI; INC.
By :' L(�}r T
e�dent
ATTEST:
L
ecretary T as rer
rz::
' c:.
-,,,#0
f< 0 R h VO 3
3 1412 REC 02360C 11 /17/93 C9 : 37 S20 . ' 4 /004
F 0897 MARY ANN F .UERSTEIN CLERK & FECCRDER w.LD CO , CO
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
Sworn and subscribed to before me personally by Ivar W.
and Donna M. Larson this 17th day of November, 1993 .
WITNESS my hand and official seal.
My commission expires: 11-30-96 •.
Notary Publi�'l
- •
4
44,1 O9C
Onvlsod 1907 Ct .J11A00 LAUD SURVEY MODUMEUT . CORD
fl[P0NT ONE MONUMENT ONLY ON TI IIS IOI1M
IIEI'f1000CTION Or TI IIS 1ORM IS AUTIIOI1IZEO.
All Inns In he Idled in by the I.; I Surveyor using permanent black Idleliut•,and line which can he Icpl oduccd. (I{ycrpl)'
l lu
ll (_'Unu•r ❑ lirnr Ir ,...,d,1, 'EN'PE. OF M11UN11A11(N'I' ® ❑ y1
❑ 1`)um let Corner oil...,..,
(('berth our)
2. l)l SCltl1'TION OF hIONIIMHNi I'OIINI).
f'ourO 41. 4 (z SAS u-)/c./s/P Pi- S "7242—
' 3. DESCRIPTION OF NIONIIMUNI' ESTABLISHED R1' 1'IllI'Ill PiRI'PI'IIATE.. THE LOCATION ATION 01'
THIS POINT.
4. SKFT('1I SHOWING IRII.ATIVE. LOCATION OF AIONIINIENT A('(I SSOItII°S AND REFERENCE
l'OIN IS STALIN(; WI'ETHER POUND OR SET. 5110W SOI'I'OR IINtl ANT)/Olt (.ONIRADI( IORY
EVIDENCE \VIIERE. APPLICABLE.
•
wno
•
i (3J ti-Pi KC_ 1 N WA'1Oc
v
'S I. k it-lot){� (
Q,4RS J 12)4. RnA
11 -1't -t '3
Elle of field Work ... .. ---._- --- � -
a. (Tin I'll'AHIM
This Is to eel illy Thal I was ill Cespnusihle cllallte Oh the sill veyInit gvlk descadied iii this IrCUIII :rlld III:II
In the hest oh my knuwlydlte Ilk' inliwualiuu plrsculcd belch! Is"Ill due and chiller!.
Signatu 1 re_! ,4"i L.-----
HIM Nanle:—.C►0S Eij fr-'t-c.�N- ,
d
6. I Ot'AI llIN DIAGRAM ‘00tiwww)
'(Iln old till in) I'• ' I Mule C�`OA AEfisi'ky •
CSC •.•
Arrrplyd Iw Filing, 41.• It , Q O
w y
Stale 11o:od of N,•gir:Nal IOU I'll I'Inl,•ro:iou (:ll � q ,
•
I:nl;inerur :Mil I.:nu1 Swar•Cou:: ..� . I (� i � [ jam`
115' ---- ------ - ---1-1-4-1-- . . �U11gJ�a''-:
'. 1�
Dale_._---------'------------._----`'----- -- I- _p •.I . _. 4 044 • •• e•OS\co. !•
NICCI•:IVI:I) Al' ' OFFICE OF THE COUNTY CLERK; Survey.o';-Srnl
• = I urllion of ,
.—._—_---_COUNTY Monument
By __ . h
----------- -
7. SI 1 _ � `i"' i 4-.IJ It lo _. ._�.._: I. NI
D:dr. I
COI IY�u?'\4__.__-INDP\ RI l.. NO ___ . _ _..
' Record to In filed by lades Reference Number. I. MI
uuuu•rlcally, Bien alphabetically, under ; Wpne O. SL1'. —_ - .. .___ . . . .
plialr t,,,, •;Il yr, kilo, and Ncridi'1°' l'OhlNI Y.._.._.. __...._.INI)I N 1I I14D2G p'{Y .e
.U...r•. . .,,r A.... •„ . .. . . . . .. „ .. . . ,,..,
navl•ua IMO Ct._JRADO LAND SURVEY MONUMENT . . ..CORD
nri'OI1T ONE: MONUMENT ONLY ON THIS TOIlM
REPRODUCTION or THIS TOIRM IS AUTHORIZED.
All Reim In Ire Idled in by the Land Surveyor using peon:mem black lettering:and lines which can be reproduced, (Except)•
1. TVI'V OE MONUMENT [1 Srelirm Cnnu•r 0 Pencil mark D.(('heel( tine) t�l chunk., Corrrrr, 0 Other,
7.. DI:SCI4IPI ION OF KR lbll'MINT FOUND.
EA IE4- Ca 13AC2 % /c1arc 3Y F fib:C5£ e uc_,
•
Le,t.s,o.
3. I)IiS(•Itll't ION (11• WWI WENT ES'I•AIILISIlEl) BY You ITO I'ERI'ICII(ATE THE I.O('A•1•I(1N OE
TINS(IS POINT.
4. SKGI CI! SHOWING ItEl.AllVP. I( CATION OF MONUMENT ACCESSORIES ANI) REFERENCE
POINTS STATING WIIF:IIIER FOUND OR SET. SIIOW SUPPORTING AND/Olt CONIRAI)ICIT)ItV
PVII)IfN( E WI IFRli AI'I'I.ICAIII.N.
ki. P.AA� /anti_ Iry
y
l lig,ccietie V �ifpK- Nntt_ 1,0 .
ni.Nrut � ��3,3� so •s(otg
8-It+.-+reJ t'1`?:13 1-.j *4.R.E. ero/L 1()%(CNra
pis
Date of Lield Wink 1 1 1-1 —997
o. CLIO-IPICAIll)N
this Is I.. cerilly Thal I was ill u•spnnsible ch:ugr II(Ibe conveying work described in ibis record and dial
Ire the hest lit my knowledge ill,' inhumation presented herein it line
.•"/J;Rid
,)////oil it'c{J..] '///n/n��//n/ '/[/),l
Sign:Rule_.IJ:L�`_7_^4^-l:J•'�'�c-I�.�l
Dirac Name:_Lc E• 1)-'et air-
1 - i 5-9t Ph..rw:_6.6-- tr'�T'
•
O. I (R•ATION DIAGRAM tycr6linuuru,L+
'(I)o not lilt ill) (•• I hhlr s�sOQ1 �D flO ,,/T ///i `
Arrrpird far PilinC . •\' a
F.
Slate Iln:nd of Rrprdratiou Ior Podession:rl I `f y:¢'
h:nginrrc: and Land SurPr)rn s: - 'T - I. Iv M• •;
n:dr' — -- -- I I �%44lLrlUAO(o-'
PE('EIVED Al (IFPI('h: (Ii, Till( f!MINTY C'I.ERK; ( 0 I !iurveyrn'. Seal
• ' I archon of
COUNTY
Mnrrrrnrrrrl
Hy ------------. __------'_--_.--_ . 7, SI F._._0 _.. I 41_�. It 4oS.�. .Y l'hl
I:He._
rotin7V_ .i47:.0
___INI)l N RI L. NO,_.__..-_ ._-_-.
Rrcool In hr Iilyd buy Index Rrh•rrnre Numhrr,
tnmu•rir ally, Ilrr•n alplrabrlirnlly, Rader appro.- R. Sli• - I __, R ----_...,.._...___I'.hi
prialr Towm:IHp, kangr•, :cod hlrridi;ur,
COIN I V.._._______INDFX INI IF\ R 'I ANC).r rr��
. .. ,. . .... ,i _ . . tr• . ... . . . r lava rrrcr s. . . n,.v ur. __.._.
Ilnvl.od 19117 COLORADO LAND SURVEY MONUMENT ...CORD
Ilf.l'OII( ONE MONUMENT ONLY ON TIIIS FOI1M
REPRODUCTION OE Tills FORM IS AUTIR RIZEO.
All ileum to he tilled in by the I.:uul Surveyor using permanent black tenetlug and lined which caul he rcpt minced. (lisrrp')'
•
1. TYPE (7P MONUMENT ® Section C •r fl Nenri, moth
(( itech one) O f lout ler Corner Other _._
2. 1)Iti('Itll'llON OF AIONIIAIENI' POI INI
ECU a0 .r'-<i-, 1-c 13t a , r✓o Coo
3. OFS('IOI'HON OF All NIIAIENT ES'I'AIN.ISIIEI) BY Voll I T(1 I'FI(1'1!TIIAI l 'HIT LOCATION OF
TIM POINT.
•
^• SKF:I('I I SIIU\VINO RELATIVE LOCATION(1F KiONIIAIFN'I'ACCESSORIES AND ItIiFF.ItIN(F
1'(1IN I S STATING \VI IF LI iEIt FOIINI) Olt NFL St IOW SI II'I'Oltl lNU AND/OR ('ONTI(AOI("I OK I'
FVII)IiN('E \VIIFItF. AI'I.1 !C'Alll.F.
I
I
I LAIC' pCka-to
"4tcApe.
21/ 5'
11.40c .
it-) P.P. ` l AN . i. P(Arrl,ucl
Y'y-DJ/h - I I I I.l t\q,) Pose
IPA' I I
I
i)alr of Field \Volk I1 -'( 1 -93
5. CLIti IFICA Ill IN
ILis Is III eel lily Ihal I wits ill tespuusillie chatgc of the sot vying work desctihcd hi this 'remit mut that
to the lied' of my knowledge the inhumation presented herein IS line ;Mil
COI Wei. /J
Sil!11a1 are_!( / a,-7-.�L • 1:1 -d
��.� Firm Nmnc:661-
_L - i-.9( 1 oet:air-37
Dale _._ . ... min.,: 66 1— erref� -
'Oh) Rol lilt in) O. I ()CATION DIAGRAM•
-
I.' I Mile ,�,c;,,.,., . ..
,3QP ill /S Arrrpled int I'Hinp. �Q •• ��
3 b �� 10 0 .
SLdt• hoard nl 161;u:h:dion lot I'u,lr•e:ion:d 1 1 S V i
I(uginerts mitt Lana' Surveyo U:: ¢
I MI: ttC:st
tilt
NO •
RECEIVED A'1' 01'11( 1 0)1 '1'111( COUN'I'1' CLERK;
1 I 7'`7Dole
QyAI LAO
• = Lora ton id
Slit vey,n's :rail
_COI lN'F\' Monument
Ily _.
Ilnlr. 7. .SL( . ( I W R g<,5•. ["LJ I'M
R.,-...ii to be filed by Indrs Rrlrn•nrr Number. t (,IINn.____... ._.___INI)I•.\ in I N(1 - _
numt•nrally, 'It.l., alphnbelirnlly, undrt ; l l,ra I- R. si t'. _._ . .
ptiolr 'Town•:hp, , Range, and Aletidn ia . --.. It _._. I' \I
('O11N I1' - -_- INOF.\ 111 1 ,
n^ leod 17117 CO_aRADO LAND SURVEY MONUMENT I, _ .,ORD
TIErOI1T ONE MONUMENT ONLY ON Tills r OT1M
REPRODUCTION OE EMS rORM IS AUTIIOnIZED.
All items in Ire lilted in h)' the Land Surveyor using perTl;111c1lt black IClltr'1rig anti lines which call he reproduced. (I:xtr•p1)r
1. TYPE O1' MUNIIMI•;N'I' 111-9 tiurlinn (: n,- Ilrur•ll mark
L�(Cher It •) Ortarlrr Corner other
2. DESCRIPTION OF MONUMENT FOIINI).
Fouf,o 11/41 , 4- 2C.E,/4.9-. , )JO ej,
3. I)F..SCItIP11ON UI MONIIMFNi ES'IAIII.ISIIRI) Ill' VOli ii) PFRI'FI'l1A'I'E 'I'IIE Ll)('A'I'IUN OF
Ti itS I'OIN'l'.
•
•
A• SKE ICII SIIO\VING MINI-TYE I.00A'IION OF MONUMENT ACCESSORIES AND ItI[FEREN('I(
POINTS STATING WI tEll lElt IUtINU(Ut SPX. SIIOW SUITOR]INO AND/Olt C'ONTRADICPURY
EVIDEN('P. WHERE. AI'I'I.IC'Alli_l.
G O - is O it
2431\1:S7
�-- 1^fir -14 C.��� N fa1n� Flla� t‘i(Mt_ (=Lp.C I �G
EAM OC4
T(1 ttrs,
Dale ,dFit•hIWnik 1\ -I-1- q3
✓. (TI(I II.11',\ I ION
This is in Frilily Ih:ll I was in n•sponsihlr cli;iirr nl nor snlel•yinit wink drsclihed in Ibis record and Thal
rtr Illy la•sI ul rip' knowledge the inlinmaliuu pn•zen h•d ht•,ein is line and cm wet.
Signature 11��r"�^ O /, t., ---
Firm Name—_-----
D;Jr _._.. . `. - -9 2 .. . .. I'hnlls,., G 61-7..C71?j
• t .nnmr, . ) '
'( ri uml till in) G. I O('A HON DIAGRAM s�l Vl RE 4"•%
OA.
Arrrplyd frn I'ill 11 ', •
IC i:ea
/A�� .
Slate Huard nl 11.1•,1•:Iialinm Im I',n a lr• imml 1
® I _ ;a ; 9 • •
CJ=
mgi nr d Lind
LindICI !e 7l�t�y
1•:
7
i
Ily
41/44141. rftle
pale
RECEIVE!) AT OFFICE 1('1 OF 'HIE COUNTY CLERK; I
Surveyor's Seal
.- _COUNTY r- I„ration
of
Ai.nnrmerit
Ill• A,1 et"7. SI.1'.__.�4_ IY_� It (ngi.(.r), -__(0--1'AI
Hair.
COI INIY_W ? INllt,X RI I . NO._.__... ._.__._.
ILrnnl Io br Mod lyd hl• Index Rrfelenrr N'nlher,
numerically, Omen mlplmhelirally. mnrlrr
pri:dr 'f ovmsiip, Runge, and Meridian.
MI IN I V .INDEX RI'.F.
34-®2 ,2 N( _ v�
l'-.,..e..•,,,..,a„e,L.r•nr nn• .. -----'-"—'—
., , i ,•��, .,ern„ . �.,� �r
Revised 1907 CL..JRAO0 LAND SURVEY MONUMENT i. .,:ORD
IIiI'OI[ONE MONUMENT ONLY ON TIIIS 1O11M
REITOOOCTION or TIIIS f(IIIM IS AU1IIO11IZED.
All ilcnu in lie Idled iii liy the Laud Surveyor using permaneul black kilning and lines which can lie rcpiuducn 1. (Excel °1'
1. 'INIT. OI' MONIIM1IICN'I' ® 51. Section Corner ❑ Nenrli marls(cherl, one) J Omiler Corner O Ollie, —
2. 1)1 SC'ItII'Il(N Ol`AtON(irsiI.NI' EUIINII).
i(=oteMa 34" tRoo P% Pe- W4L
'LAS-t-.c c A1P . 4 S`t
3. UPS('RIPI'ION Of MONIIMFNl' ES'I'AIII.ISIII+I) It1' 1'OII'I'C) I'l ltl'hl'UA'IT.. Tllf. LOl'A'I'ION Of
'11115 MINT.
4. SKICI'('ll SHOWING RI(I.A'1'IVIi l OCA'EION OF MONUMENT ACCESSORIES AND ItITERENCE
POINTS SI'KI'INO \VIIP:IIIIiit 1.OUNI) OR SF l's SIIO\\' Slll'1'(llt HNC; AND/Olt CUM ItAUI('1(IltY
EVIDENCE \VI IIltF AI'I'LIC'AIII.H.
r—OL,,,a 'Vi`( cntae
Ls 1--t's4
Dale nil field Will l: ._ l .i7 c13.
5, ('litTIPI(',\HON
This is tic ccitilY that I was in lespuusihle ch:ugr ul Ihr survg•iug wink described in lliis retold and III:II
III Ibe hest u(Illy knowb•dge ibr inlinn)ali'nr pie:WHI ' hrieiu is hill' illiill Coreed. �////1�
Signal ore /�/.,_,(_'/-1C./'A-c4 M /-_� .
Firm Name:_ �J5— A-)<-G e—Itt ---
fie MCA lHON I)InGRAM :��.•oV,h�, 6 �, .
)(Do Rol till ill) •
���� V ; ` j.Q s. F�:b
1 I Mile I`, (y`'
FD-,
Arrepled for Filial., a a
r ^ :. a.cc=
Sl ale Ilu:ud .d Rry;c;liuliini Im I'i nlc•!s inn:cl : i y;;
1•.up,uu•ru; and Laud Sw ci'\'m r:: I NJ `rill: y•• . 1I I['1 7Vea?••
NT ---. .. — --I—I. 4-i--- /\ i J YALl L.. d`'ad-
I)al,'--.-_. -.-'-_.--_'_.-_ '---__._._---_ -i" -. .I ._ ti-i)l/t(tMUO�� '
KHCh:IVI'.l) AT Offll'I•: Of '1'III•: COUN'T'Y CLERK; ......1-- •--I---.
''Ilivipur'r. .Seul
• = Inialinu tit
_COUNTY Monument
Ily
7. SI 1.._ I ._._._ R i'--�
unln. 8 W
.
COI IN I'1'_ __-_.1�k 1d.___.__ INI)I.S I(I I . NO -
IL•cool In I. ' filed by Index Reference Number,
imineriralle, Then :dphnbelirolly, maim appin• 8. _ . I' M
pri:de '1'nwiv:liip, hart;(', and Merirboin. COI INI1'-.._--- _ INI)I N PI F. NII '�'r'
_.._... 94O2.C2
'
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