HomeMy WebLinkAbout900229.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION NO. 1238 - HARLAN GARTRELL
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners , pursuant to its
authority under Section 30-28-101 (10) (d) , CRS, as amended, did
determine at a public meeting held in the Chambers of the Board,
that a certain parcel of land, to be divided into two parcels, as
shown on the plat known as Recorded Exemption No. 1238 , does not
come within the purview of the definition of the terms,
"subdivision" and "subdivided land" , and
WHEREAS, the request for Recorded Exemption No. 1238 was
submitted by Harlan Gartrell for property which is located in part
of the SEI SE* of Section 17 , Township 1 North, Range 66 West of
the 6th P.M. , Weld County, Colorado, being more particularly
described in the plat which shall be provided by the applicant and
known as Exhibit "A" , said plat to be recorded, and
WHEREAS , this request is to divide the property into parcels
estimated to be approximately 38 acres and 2 acres.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the hereinabove
described parcel of land be, and hereby is, exempt from the
definition of the terms, "subdivision" and "subdivided land" .
BE IT FURTHER RESOLVED by the Board that this approval is
subject to the following conditions:
1 . The applicant shall submit a mylar plat to the Department of
Planning Services to be recorded in the office of the Weld
County Clerk and Recorder. The plat shall be drawn in
accordance with the requirements of Section 9-2C. (4) of the
Weld County Subdivision Regulations. The plat shall be
submitted within sixty days from the date of approval by the
Board of County Commissioners. The applicant shall be
responsible for paying the recording fees.
2 . A Weld County septic permit is required for the proposed
home, and its septic system shall be installed according to
the Weld County Individual Sewage Disposal Regulations.
900229
Page 2
RE: RE #1238 - GARTRELL
3. An ISDS evaluation by the Weld County Health Department on
all existing septic systems will be necessary prior to
issuing the required septic permits on the existing systems.
4 . Prior to recording, the applicant shall provide evidence to
the Division of Water Resources that the existing well was
used prior to June 1 , 1972 , for fire fighting, drinking and
sanitary purposes inside a single-family dwelling or
dwellings, the watering of domestic animals, and irrigation
of not more than one acre of home lawn or garden.
5. The following note shall be placed on the recorded exemption
plat prior to recording the plat:
a. At the request of the Division of Water Resources , the
following conditions and restrictions shall be complied
with:
i) The property has not been previously subdivided or
exempted since 1972 . The Division of Water
Resources considers this a one-time exemption and
will not make additional permits available for
future use of either tract.
ii) The well permit which will be available for the
smaller lot will be limited to use inside one
single-family dwelling only. Outside use for lawn
and garden irrigation is prohibited.
iii) Prior to the issuance of building permits , the
applicant should provide proof to the Division of
Water Resources that an evaporative wastewater
system will not be required. The Division of Water
Resources will not issue the well permit if any
evaporative system is required.
iv) Prospective lot purchasers should be made aware of
the limitations on water use .
The foregoing conditions and restrictions are contained in
the Division of Water Resources ' letter dated February 16,
1990 .
6 . Prior to recording the recorded exemption plat:
a. The mobile home on the proposed larger lot shall be
brought into compliance with the Weld County Zoning
Ordinance or shall be removed from the property.
900229
Page 3
RE: RE #1238 - GARTRELL
b. The non-commercial junkyard on the proposed larger lot
shall be brought into compliance with the Weld County
Zoning Ordinance.
7 . The following note shall be placed on the recorded exemption
plat above the applicant' s signature:
"I (we) do hereby dedicate, for the benefit of the
property (ies) shown herein, easement for the purposes
shown herein. "
8 . The access easement shall be designated, "access easement for
Lot A" on the plat and shall be at least thirty (30) feet
wide.
9. No improvements may be built, constructed, or installed
within thirty (30) feet of the bank of the Fulton Irrigating
Ditch.
10. A certified copy of action taken by the Fulton Irrigating
Ditch Company Board regarding the ditch crossing shall be
recorded with the plat.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 7th day of
March, A.D. , 1990 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: � �� -� WEL OUNTY, CO RADO
Weld County Clerk and Recorder
and Clerk to the Board Gene R. Brantner, Chairman
oai
g ;�_� Ge ge Kennedy, Pro-Tem O'
Leputy County erk �
APPROVED AS T FORM: Constance L. Har ert
County Attorney L
Gord acy
900229
fli (
.iiii IFIR DEPARTMENT OF PLANNING SERVICES
PHONE(303)356-4000,EXT.4400
91510th STREET
GREELEY,COLORADO 80631
wilpe
COLORADO
March 7, 1990 /
it
Board of County Commissioners
Weld County Centennial Center
915 10th Street
Greeley, CO 80631
Subject: Recorded Exemption #1238
Dear Commissioners:
This request for a recorded exemption is submitted by Harlan Gartrell. The
parcel of land is described as the SE} SEi of Section 1.7, TIN, R66W of the
6th P.M. , Weld County, Colorado. The property is located approximately 2
miles south of the City of Fort Lupton, west of Weld County Road 29, north
of Weld County Road 8. This request is to divide a 40 acre parcel, which is
the total contiguous land holdings of the applicant, into two lots of 38
acres and 2 acres, more or less.
The applicant proposes using wells and septic systems for both lots. The
well and septic are existing on the proposed larger lot. The City of Fort
Lupton Planning Commission has reviewed this request and has no objections
to the proposal.
Section 9-2 E. ( 1) (i) of the Weld County Subdivision Regulations requires
the applicant to demonstrate that the proposed lots will have access to an
adequate water supply. The staff has concerns whether adequate water will
be available for the potential uses of this property if the Division of
Water Resources' conditions of approval are met. The Division of Water
Resources' conditions are identified in its letter of February 16, 1990.
The staff has concerns that the proposed division will be inconsistent with
efficient and orderly development. Section 9-2 E. (1) (g) of the Weld
County Subdivision Regulations requires the applicant to demonstrate that
the proposal will not be inconsistent with efficient and orderly
development. Access is not available to the proposed smaller lot from a
public road. No right-of-way has been dedicated on the adjacent section
line and the proposed access would cross the larger lot. An easement
agreement granting perpetual access to the proposed smaller lot would have
to be submitted and recorded.
900229
Board of County Commissioners
RE-1238
Page 2
The staff requests that the Board of County Commissioners consider the
application and determine if the standards of Section 9-2 E. (1) (a) through
(m) of the Weld County Subdivision Regulations have been met.
Respectfully submitted,
&.i LAA q
Lanell J. Curry
Current Planner
LJC:dyn
900229
CONDITIONS OF APPROVAL
RE-1238
HARLAN GARTRELL
1 . The applicant shall submit a mylar plat to the Department of Planning
Services to be recorded in the office of the Weld County Clerk and
Recorder. The plat shall be prepared in accordance with the
requirements of Section 9-2 C. (4) of the Weld County Subdivision
Regulations. The plat shall be submitted within sixty (60) days from
the date of approval by the Board of County Commissioners. The
applicant shall be responsible for paying the recording fees.
2. A Weld County septic permit is required for the proposed home and its
septic system shall be installed according to the Weld County
Individual Sewage Disposal Regulations.
3. An ISDS evaluation by the Weld County Health Department on all existing
septic systems will be necessary prior to issuing the required septic
permits on the existing systems.
4. Prior to recording, the applicant shall provide evidence to the
Division of Water Resources that the existing well was used prior to
June 1, 1972, for fire fighting, drinking and sanitary purposes inside
a single-family dwelling or dwellings, the watering of domestic
animals, and irrigation of not more than one acre of home lawn or
garden.
5. The following note shall be placed on the recorded exemption plat prior
to recording the plat:
At the request of the Division of Water Resources, the
following conditions and restrictions shall be complied with:
a. The property has not been previously subdivided or
exempted since 1972. The Division of Water Resources
considers this a one-time exemption and will not make
additional permits available for future use of either
tract;
b. The well permit which will be available for the smaller
lot will be limited to use inside one single-family
dwelling only. Outside use for lawn and garden
irrigation is prohibited;
c. Prior to the issuance of building permits, the applicant
should provide proof to the Division of Water Resources
that an evaporative wastewater system will not be
required. The Division of Water Resources will not
issue the well permit if any evaporative system is
required; and
900229
Conditions of Approval
RE-1238
Page 2
d. Prospective lot purchasers should be made aware of the
limitations on water use.
The foregoing conditions and restrictions are contained in the Division of
Water Resources' letter dated February 16, 1990.
6. Prior to recording the recorded exemption plat:
- the mobile home on the proposed larger lot shall be brought
into compliance with the Weld County Zoning Ordinance or
shall be removed from the property.
- the noncommercial junkyard on the proposed larger lot shall
be brought into compliance with the Weld County Zoning
Ordinance.
7. The following note shall be placed on the recorded exemption plat above
the applicant's signature:
"I (we) do hereby dedicate for the benefit of the
property(ies) shown hereon, easement for the purposes shown
hereon."
8. The access easement shall be designated, "access easement for Lot A" on
the plat and shall be at least thirty (30) feet wide.
9. No improvements may be built, constructed, or installed within thirty
(30) feet of the bank of the Fulton Irrigating Ditch.
900229
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900229
FIELD CHECK
FILING NUMBER; RE-1238 DATE OF INSPECTION: January 18, 1990
NAME: Harlen Gartrell
REQUEST: Recorded Exemption
LEGAL DESCRIPTION: SE* SE* of Section 17, T1N, R66W of the 6th P.M. , Weld
County, Colorado
LOCATION: West of Weld County Road 29, west of Weld County Road 8.
LAND USE: N Agricultural production, 1 residence
E Weld County Road 29, agricultural production, residence
S Weld County Road 8
W Agricultural production
ZONING: N A (Agricultural)
E A (Agricultural)
S A (Agricultural)
W A (Agricultural)
COMMENTS:
Proposed Lot B contains 2 residences, 1 mobile home, and agricultural
production. Proposed Lot A is vacant and the access road does not exist.
The property slopes to the south.
Proposed Lot B also contains a noncommercial junkyard, and storage of
construction equipment.
Access to proposed Lot B is from Weld County Road 8, a gravel road and a
private access lane on the west.
By as"h.�'. P GC...tA at
a ell J. � u• y
Current Planner
960229
APPLICATION FOR RECORDED EXEMPTION
PHONE: 356-4000, Ext. 4400
Department of Planning Services, 915 10th Street, Greeley, Colorado 80631
FOR PLANNING DEPARTMENT USE ONLY: ��O O�
APPL. FEE
CASE NO. RE ._/0) 3? RECORDING FEE ZONING DISTRI T J y;r k ) + `Y4I RECEIPT NO. AilQO
DATE \t(tl [� APPL. CHECKED BY Cite/
TO BE COMPLETED BY APPLICANT: (Print or type only except for required
signatures)
I (we) , the undersigned hereby request that the following described property be
designated a recorded exemption by the Weld County Board of County Commissioners.
per LEGAL DESCRIPTION: . yv s , C ea r ! 7r 7.41,
TOTAL ACREAGE: VD
Has this property been divided from or had divided from it any other property since
August 30, 1972? Yes No X
Is this parcel of land under consideration the total cop tiguous land owned by the
applicant? Yes No
FEE OWNERS OF PROPERTY:
Name: ./71-,4 12, ,Q N 6. A 12 7:12, -
Address: 13 76 7 ,,eQ Q s`4i11HI ed Phone: F7f(J-7Cie
Name: l;At\S)
Address: Phone:
Name:
Address: Phone:
WATER SOURCE: Larger Parcel %4/44J Smaller Parcel '/(/g/L
TYPE OF SEWER: Larger Parcel 17t A974/,t Smaller Parcel ,ft/,�7, ;-
PROPOSED USE: Larger Parcel ,t .4/&4 Smaller Parcel it/j,yi=C
ACREAGE: Larger Parcel ,j I Smaller Parcel -2-
EXISTING DWELLINGS: (Yes or No) vC 5 (Yes or No) ND
r
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 ) C2% �� t/ L��'IGG�
Signature: Owner or Authorized Agent
Subscribe tl�d sworn to before me this �/ day of /6Z8� , 19g,.•too ):
o-
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t� •.• n? .' ary Public
F OP CO‘'
�," 909229
My Commission Expires 417 —62/.9,317
THIS DEED, Made this 31st day of August , 19 71
i
between HARRY GARTRELL and MYRA L. GARTRELL
/1
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County of Weld and State of Colorado, of the first part, and
HARIAAN L. GARTRELL 9 Ce
of the County of Weld and State of Jt /
1/ ( . '
Colorado, of the second part:
WITNESSETH, That the said parte Sof the first part, for and in consideration of the sum of
Other valuable consideration and Ten and no/100 DOLLARS
to the said part ies of the first part in hand paid by said part y of the second part, the receipt whereof is
hereby confessed and acknowledged, hale granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm, unto the said party of the second part,his heirs and assigns for-
, ever, all the following described lot or parcel of land, situate, lying and being in the
I County of Weld and State of Colorado, to wit:
The SEA of the SEA of Section 17 , Township 1 North, Range 66
West of the 6th P.M. , Weld County, Colorado, EXCEPT right of way
as described in Deed recorded in Book 162, Page 5, Weld County
Records; and EXCEPT right of way as conveyed by Deed recorded in
Book 930, Page 438 , Weld County Records; and EXCEPT reservations as
contained in Patent recorded in Book 153, Page 40, and in Deed
recorded in Book 97, Page 38 , Weld County Records;
Together with 25 shares of the Fulton Irrigation Ditch Company
capital stock.
TOGETHER with all and singular the hereditaments and appurtenances thereto 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 parties 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 part y of the second part,his heirs and assigns forever. And the said part des of the first part,
for them sei es the j)e_irs, executors, and administrators, do covenant, grant, bargain, and agree to and
with the said part y of the second part, his heirs and assigns, that at the time of the caseating and delivery
of these presents, they arevell seized of the premises above conveyed, as of good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and ha Ve 4 good right, full power and lawful authority
to grant, bargain, sell and convey the same in manner and form us aforesaid, and that the S:u,.o are free and clear
from all former and other grants, bargains, sales, liens, taxes, assessments and eucu n,bra nets of whatever kind or
nature soever. Except easements restrictions, reservations and rights is oft
way of record, if any, and taxes for 1971 payable In 1912,and
except two existing Deeds of Trust of record which second party
I asstulei and agrees to pay and hold first parties harmless therefrom,
and the above bargained premises in the quiet and peaceable possession of the saia 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 part 105 of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, the said part des of the first part ha ve hereunto set theirband S
and seals the day and year first above written.
6-4 L,W.../: ,..F. :a..- Lt:t7 (SEAL)
H rry Gattre l
_, _. .... (SEAL)
1 / --, in f 1
STATE OF COLORADO, Myra`La Gartrell
}aa.
County of Adams
The foregoing instrument was acknowledged before me this 31st day of August
19 71 ,by Harry Gartrell and Myra L. Gartrell
My commission expires November 27, , 1971 .. Witnneess myI(habit)and official seal.
,____Th
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900229
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WELD COUNTY
CERTIFICATE OF CONVEYANCES DEPARTMENT OF PLANNING SERVICES
STATE OF COLORADO ) Order No. 8504571
COUNTY OF WELD )
The TRANSAMERICA TITLE INSURANCE or ABSTRACT COMPANY
hereby certifies that it has made a careful search of its records, and finds the
following conveyances affecting the real estate described herein since August 30,
1972.
LEGAL DESCRIPTION:
The SE4 of the SEa of Section 17 , Township 1 North, Range 66
West of the 6th P.M. , Weld County, Colorado,
EXCEPT right of way as described in Deed recorded in Book 162 ,
Page 5 , Weld County Records ; and
EXCEPT right of way as conveyed by Deed recorded in Book 930 ,
Page 438, Weld County Records .
CONVEYANCES (if none appear, so state) :
Reception No. 1922410 • Book 992
Reception No. , Book
Reception No. , Book
Reception No. , Book
Reception No. , Book
Reception No. , Book
Reception No. , Book
Reception No. , Book
This Certificate is made for the use and benefit of the Department of Planning
Services of Weld County, Colorado.
This Certificate is not to be construed as an Abstract of Title nor an opinion of
Title, nor a guarantee Title, and the liability of TRANSAMERICA TITLE
INSURANCE COMPANY is hereby limited to the fee paid for this
Certificate.
In Witness Whereof, TRANSAMERICA TITLE INSURANCE COMPANY
has caused this certificate to be signed by its proper officer this 20th day
of December , A.D. , 1989 . at 7 : 00 A.14. o'clock.
TRANSAMERICA TITLE INSURANCE COMPANY
COMPANY
BY: 02-7i/41 a/ Cf/).t?iinav1/4J
AU ORIZED SIGNATURE
900229
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Roe B 0992 REC 01922410 04/04/83 16 04 •3.00 1/001
ARL'Idd Y10 F 1994 MARY ANN FEUERSTEIII CLERK 6 RECORDER WELD CO, CO
HARLON L. GARTRELL ._.
whom address is 13767 Weld County Road 8, Ft. Lupton, CO
County of Weld , and State of
Colorado
for the eonaidmtioa of Ten Dollars and
other good and valuable consideration.
von.r. is heed paid,
uereby sell(.) and quit claim(.) to HARI NI L. GARTRELL
whom addreu i. 13767 Weld County Road 8, Ft. Lupton, CD 80621
County of Weld ,and State of Colorado ,the following real
property,in the County of Weld ,and Slats of Colorado,to wit:
The Southeast Quarter of the Southeast Quarter (SE: SE:) of
Section Seventeen (17), Township One (1) North, Range Sixty-six (66) West
of the Sixth (6th) P.M. County of Weld. State of Colorado
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7
with all it.appurtenance
Signed this 25th day of March ,19 C3
,1$
Harlon L. Gartrell
r
"
VATS OP COLORADO,
County of Boulder
The foregoing instrument was acknowledged before mo this 25th
day of March , 1983 , by Harlon L. Gartrell.
My commission aspires {744-25.
Settling/Cod aad official seal
Maass. �
• o.e+- i• 436 Coffman Street
a* Pt/ e , Longiont, CO 80501
•
Na la QUIT data oea-anon wow—
—s,w,ew~m ai us,,NeM Owe Ins.Raw.o+w•.
,t - _.z 900229 xi "
REFERRAL LIST
NAME: Harlan Gartrell CASE NUMBER: RE-1238
REFERRALS SENT: January 4, 1990 REFERRALS TO BE RECEIVED BY: January 18, 1990
COUNTY TOWNS and CITIES
Attorney _Ault
X Health Department _Brighton
_Extension Service _
EmergencyManagement Dacono
_E Office Eaton
_Sheriff's Office Erie
_Engineering _Evans
_Housing Authority Firestone
_Airport Authority X Fort Lupton
Building Inspection _Frederick
____Garden City
STATE _Gilcrest
X Division of Water Resources ____Greeley
Geological Survey _Grover
_
_Department of Health _Hudson
Highway Department _Johnstown
_
_Historical Society _Keenesburg
Water Conservation Board Kersey
Oil and Gas Conservation Commission La Salle
Lochbuie
FIRE DISTRICTS Longmont
Ault F-1 _Mead
__ ert Berthoud F-2 _Milliken
_
Brighton F-3 New Raymer
_
Dacono F-19 Nunn
_
Eaton F-4 _Platteville
_
Fort Lupton F-5 Severance
Galeton F-6 _Windsor
Hudson F-7
_
Johnstown F-8 COUNTIES
_
La Salle F-9 _
F-10 Adams
_Longmont Boulder
Milliken F-11 Larimer
Nunn F-12
iPawnee
Platteville F-13 FEDERAL GOVERNMENT AGENCIES
_
_Platte Valley F-14 _
oure US Army Corp of Engineers
Pd Valley F-15 _USDA-APHIS Veterinary Service
Raymer Federal Aviation Administration
Southeast Weld F-16 `Federal Communication Commission
_
Windsor/Severance F-17
--
--Wiggins F-18
Western Hills F-20 SOIL CONSERVATION DISTRICTS
Brighton
OTHER Fort Collins
_
X Fulton Ditch Company Greeley
Attn: Lyle Dirrim _Longmont
Box 439 West Adams
Brighton, CO 80601 900229
COMMISSION/BOARD MEMBER
A el hin MEMORAn®u
aim
W IWilk
Weld County Planning January 16, 1990
To Date —_
Environmental Protection Services /,� ,�� � �'>`ffe 1 — —
COLORADO From U� _, p G�
Case Number: RE-1238 Name: Gartrell, Harlan
Subject:
Environmental Protection Services has reviewed this proposal and recommends for
approval, subject to the following conditions:
1. Weld County Septic Permit is required for any proposed home septic
system and shall be installed according to the Weld County Individual
Sewage Disposal Regulations.
2. An ISDS Evaluation on all existing septic systems will be necessary
prior to issuing the required septic permit on the existing system.
WP24/dgc
9C:)229
titi_(
4 , , ,.i.,
1 DEPARTMENT OF PLANNING SERVICES
PHONE(303)356-4000,EXT.4400
915 10th STREET
de GREELEY,COLORADO 80631
> ea:
'.'.; . O
• CASE NUMBER RE-123E
COLORADO
January 4, 1990 REC . -. - 3 ,_.3
TO WHOM IT MAY CONCERN:
Enclosed is an application from Harlan Gartrell for a recorded exemption.
The parcel of land is described as SE} SE} of Section 17, TIN, R66W of the
6th P.M. , Weld County, Colorado. The location of the parcel of land for
which this application has been submitted is west of Weld County Road 29,
north of Weld County Road 8.
This application is submitted to you for review and recommendation. Any
comments or recommendation you consider relevant to this request would be
appreciated. Your prompt reply will help to facilitate the processing of
the application and will ensure prompt consideration of your recommendation.
Please reply by January 18, 1990, so that we may give full consideration to
your recommendation. Please call Lentil J. Curry, Current Planner, if you
have any questions about the application.
Check the appropriate boxes below and return to our address listed above.
1. We have reviewed this request and find that it
does/does not) comply with our Comprehensive Plan for the
C 7 following reasons.
0
�� '7-L_IIL
Ig. We do not have a Comprehensive Plan, but we feel this request
Ut -,_,11 (is/is not) compatible with the interests of our
r 1 town for the following reasons:
Cr, --1-ii
0
Ei
r -✓
We have reviewed the request and find no conflicts with our
interests.
4. A formal recommendation is under consideration and will be
submitted to ycu prior to:
( 5 . Please refer to the enclosed letter.
Sigh t ti r i --/ Agency:Ail,-1 4-c--- t� r'r-,-- .; l:-, i
✓ Pttwti'rti6 -r- rtA /tir 6tit ydSiTt
Date: (`l- Off .C' 960229
j eq. _ 4 1""r. O. ♦ ..x:8077 ' $ �'Y C`..may ✓.
7Op COQ
ROY ROMER Fe 90Ad
Governor h O JERIS A. DANIELSON
t, State Engineer
1876 y
OFFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOURCES
1313 Sherman Street-Room 818
Denver, Colorado 80203
(303) 866-3581
February 8 , 1990
Ms. Lanell J. Curry
Weld County Planning Department
915 10th Street
Greeley, CO 80631
Re: Gartrell - Special Review
SE 1/4 Sec. 17, T1N, R66W, 6TH PM
Dear Ms. Curry:
We have reviewed the above referenced proposal to create a 2 acre
homesite and a 38 acre lot from a 40 acre tract. The 2 acre homesite
has what appears to be an unregistered well as it' s existing water
supply. If the existing well was put to use prior to June 1, 1972 and
has been used for fire fighting, drinking and sanitary purposes inside
a single family dwelling, the watering of domestic animals, and
irrigation of not more than one acre of home lawn or garden, then this
well may continue to serve the proposed 2 acre lot.
The availability of a domestic well permit for the 38 acre lot would
be the same as for any other parcel of 35 acres or more.
Sincerely,
9DPM.-1,1 AI/
James R. Hall, P.E.
Supervising Water Resource Engineer
JRH/JTS
cc: Alan Berryman, Division Engineer
Bruce DeBrine
D yp,F5- ? P1
1 FEB 1 2 1990 '.s
9cf4X+ Nth, bU. pInik.taii .od0t:,,x,.
rOF CO ()
ROY ROMER �NC ', JERIS A. DANIELSON
Governor State Engineer
*
*1876 Y.
OFFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOURCES
1313 Sherman Street-Room 818
Denver, Colorado 80203 I�q�r�,nl4 r'�,y���
(303) 866-3581 ( lT,
FEES 2 n icc J
February 16, 1990
Ms. Lanell J. Curry
Weld County Planning Department
915 10th Street
Greeley, CO 80631
Re: Gartrell - Recorded Exemption
SE 1/4 Sec. 17, TIN, R66W, 6TH PM
Dear Ms. Curry:
We have previously responded to this recorded exemption in our letter of
February 8, 1990; however, our comments did not address the applicant's
desired configuration. The proposal is to create a 2 acre lot and a 38 acre
homestead from a 40 acre tract. The source of water is to be a well for each
lot. The area of the proposed exemption is tributary to the South Platte
River, an over-appropriated river, and, in general , new well permits cannot be
issued for lots of less than 35 acres.
The proposed 38 acre parcel has what appears to be an unregistered well
as its existing water supply. If the existing well was put to use prior to
June 1, 1972 and has been used for fire fighting, drinking and sanitary
purposes inside a single-family dwelling, the watering of domestic animals,
and irrigation of not more than one acre of home lawn or garden, then this
well may continue to serve the proposed 38 acre parcel .
We may he able to issue a permit for an additional househ ld-use-only
well for the proposed 2 acre tract. The availability of a well permit and our
recommendation for approval is subject to the following conditions:
1 . The property has not been previously subdivided or exempted since
1972. We consider this as a one-time exemption and will not make
additional permits available for future splits of either tract.
2. The well permit which will be available will be limited to use inside
one single-family dwelling only. Outside use for lawn and garden
irrigation is prohibited. Plat notes and covenants should reflect
this limitation.
3. The applicant should provide proof that an evaporative wastewater
system will not be required. We could not issue the well permit if
any evaporative system is required.
900229
Ms. Lanell J. Curry Page 2
February 16, 1990
4. Prospective lot purchasers should be made aware of the limitations on
water use and other information contained in this letter. We
recommend that a copy of this letter be submitted with the well
permit application.
If the conditions stated above can be met and the limitations on use of
the new well are acceptable to the applicant, then we recommend approval .
Sincerely,
grfryneji
James R. Hall , P.E.
Supervising Water Resources Engineer
JRH/JTS:clf/8346I
cc: Alan Berryman, Division Engineer
Bruce DeBrine
900229
FULTON IRRIGATING DITCH COMPANY
Office at 25 South Fourth Avenue
Post Office Box 439
Brighton, Colorado 80601
Telephone: 659-3171
January 15, 1990
Department of Planning Services
Weld County, Colorado
915 Tenth Street
Greeley, CO 80631
Re: Case Number RE-1238
Harlan Gartrell
Gentlemen:
This is to advise that Fulton Irrigating Ditch Company has no
objection to the requested exemption by Mr. Gartrell subject to the
following:
1. That no improvements be built or constructed or installed
within thirty feet of the bank of the Fulton Irrigating Ditch
Company.
The reason for this request is that the Fulton Irrigating
Ditch Company needs sufficient space for cleaning the ditch,
operation of drag lines and other equipment and maintenance of its
ditch right of way. Structures located closer that thirty feet to
the edge of the existing ditch could interfere with the operation,
maintenance and cleaning of the Fulton Irrigating Ditch Company.
Very tr ly yours,
ysle R. Dirrim, Secretary
LRD/mh
-
lG ' ` " II
9‘..:J229
FULTON IRRIGATING DITCH COMPANY
Office at 25 South Fourth Avenue
Brighton, Colorado 80601
Telephone: 659-3171
February 14, 1990
Department of Planning Services
Weld County, Colorado
915 Tenth Street
Greeley, CO 80631
Re: Case Number RE-1238
Harlan Gartrell
Gentlemen:
The Fulton Irrigating Ditch Company will not permit a bridge
to be built on its irrigation ditch without the permission of the
board of directors. Mr. Gartrell has not applied for such a
permit.
The request by the ditch company that no improvements be built
or constructed or installed within thirty feet of the bank of the
Fulton Irrigating Ditch includes the construction of a bridge
across its irrigation ditch.
Very u y yours,
�/l
L le R. Dirrim, Secretary
LRD/mh
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c0,�,f-c t� c �, ��� icj a -tip �( / 9 h ���`�� FIR t 1990 °
old CIl. 71nm+m4 ,.ouifilD,P:uo-
90229
\
Q, DEPARTMENT OF PLANNING SERVICES
`� PHONE(303)356-4000,EXT,4400
915 10th STREET
GREELEY,COLORADO 80631
k
COLORADO
February 28, 1990
Harlan Gartrell
13767 Weld County Road 8
Fort Lupton, CO 80621
Subject: RE-1238 - Request for a recorded exemption on a parcel of land
described as SE} SEi of Section 17, TIN, R66W of the 6th P.M. ,
Weld County, Colorado.
Dear Mr. Gartrell:
I have scheduled a meeting with the Board of County Commissioners on
Wednesday, March 7, 1990, at 9:00 a.m. to consider your application. This
meeting will take place in the County Commissioners' Hearing Room, first
floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado.
It is recommended that you or a representative be in attendance to answer
any questions the Board of County Commissioners might have with respect to
your application.
The Department of Planning Services' staff will make a recommendation
concerning this application to the Board of County Commissioners. It is the
responsibility of the applicant to call the Department of Planning Services'
office a few days before the date of the Commissioners' hearing to obtain
the recommendation.
If you have any questions concerning this matter, please feel free to call
me.
Respectfully,
Lanell J. Curry
Current Planner
LJC:dn
900229
:n c� lvA - . 2,`v_ I C
0 , , DEPARTMENT OF PLANNING SERVICES
PHONE(303)3564000,EXT.4400
915 10th STREET
GREELEY,COLORADO 80631
e
COLORADO
January 4, 1990
Harlan Gartrell
13767 Road 8
Fort Lupton, CO 80621
Subject: RE-1238
Dear Mr. Gartrell:
Your recorded exemption application is complete and in order and will be
processed on or before January 25, 1990. If it is determined that the
application meets the approval criteria of Section 9-2 E. (1) (a) through
(m) of the Weld County Subdivision Regulations, you will be notified that
the recorded exemption is approved. If the staff determines that the
application does not meet the approval criteria, you will be notified and
asked to appear before the Board of County Commissioners at a public
hearing. You will be informed of the hearing date prior to the hearing.
The Board of County Commissioners will then consider your application and
make a final decision on the recorded exemption.
It is the policy of Weld County to refer an application of this nature to
any town or municipality lying within three miles of the property in
question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our
office has forwarded a copy of the submitted materials to the city of Fort
Lupton Planning Commission for its review and comments. Please call Tracy
Reynolds at 857-6667 for further details regarding the date, time, and place
of this meeting. It is recommended that you and/or a representative be in
attendance at the City of Fort Lupton Planning Commission meeting to answer
any questions the Commission members may have with respect to your
application.
If you have any questions concerning this matter, please feel free to call
me.
Respectfully,
J.-®229
9161- e 7 . et wu/
Lanell J. Curry
Current Planner .. _ � � „Q`;�
lam'
RECORD OF PROCEEDINGS
MEETING OF THE BOARD OF DIRECTORS OF THE FULTON IRRIGATING DITCH COMPANY
The Board of Directors of the Fulton Irrigating Ditch Company met in the
office of the company on April 11, 1986, with all Directors present
except Eugene Ritchey.
/
Upon motion duly seconded and carried, it was ordered that the minutes
of the previous meeting be amended to show the approval of the Board
given to Mr. Gartrell to build a bridge across the Fulton Ditch at his
land.
The Board also suggested that the minutes be amended to read that Mr.
Anderson desired one share of water for a shallow well. Upon motion
duly seconded and carried, it was ordered that the request be granted.
The following bills were read:
i
CHECK NO. PAYEE AMOUNT
3500 Howard E. Smith $ 334.26
03501 Harve Blaskowski 291.55
03502 Commercial Office Products 241.21
03503 Robert James Company 148.17
03504 Michael Edstrom 1,185.94
03505 George McDonald 1,300.20
03506 Gaunt, Dirrim, Coover & Phelps, P.C. 824.68
03507 Wichita Bank for Cooperative 2.72
03508 Mountain Bell
03509 United Bank 644.03
03510 Public Service Company of Colorado
03511 Wheelers Ranch Wholesale 115.54
03512 Glovers Machine Shop 182.07
03513 Brighton Nespapers 12.63
03514 Valley Heating & Air Conditioning 30.00
It was observed that no bill had been received from the Adams County
Consumers Cooperative Association, although merchandise had been purchased
by the ditch riders.
Upon motion duly seconded and carried it was ordered the bills be paid
as soon as copy thereof is presented to the Board for approval.
I
Jan Wiley appeared before the Board requesting permission to install a
headgate at the end of the ditch with a measuring device, that the same would be located on the Anderson property. DIscassicn followed. Upon
motion duly seconded and carried, it was ordered that permission be
granted, that the installation of the headgate and measuring device must
be done under the supervision of one of the ditch riders.
Certificate No. 2776 for ten (10) shares of stock issued to Herb Hast,
Jr. be transferred to Ida Investments, a joint venture, and that Harlow
Leeper be advised when the new certificate is ready for delivery to him,
as agent for Herb Hast, and the company, Ida Investments, a joint venture.
Certificate No. 2033 for fifteen (15) shares standing the name of Charles
Quintin Baker was offered for transfer to Blanche Elsie Baker, sole
devisee and legatee of the Estate of Charles Quintin Baker, deceased.
Upon motion duly seconded and carried, it was ordered that the stock and
that new Certificate No. 2943 for fifteen (15) shares be issued to
Blanche Elsie Baker, whose address is 940 Fulton Avenue, Fort Lupton,
Colorado.
It appearing that both transfers were in proper order with the proper
assignments of the stock, it was ordered that the transfers be made and
the new owners notified of the ownership.
900229
.VIFYIW-DENVEI �J' - ✓{'�-C v�iR E,,, /�'/1. ,/'c 2J/ 7/ J
Bob Sandquist, City Engineer, and Bob Adams, a representative of the new
development of the upper side of the Fulton Ditch, appeared before the
Board and sought permission from the Board for authority to use the
Fulton Ditch as the basin to irrigate the land to be subdivided, that a
pool would be first located and when the pool became full the water
thereof would be released into the Fulton Ditch. The Board of Brighton
Lateral Ditch Company also appeared before the Board, together with Bob
Sandquist and Bob Adams, to advise the Fulton Board that the development
would also affect the Brighton Lateral Ditch, which runs parallel to the
Fulton Ditch for a distance of several miles and that the water must
first be intercepted by the Brighton Lateral Ditch and if the same would
run over it would then be intercepted by the Fulton Ditch. Bob Sandquist,
representing the City, stated that the City was going to grant the
P.U.D. development request, providing the flood and rain water could be
gathered and disposed of without the City having to build a flood control
lateral to carry water to the South Platte River. The City did not have
the facilities at the present time to undertake such a project of building
the storm sewer drainage system.
At this time the Secretary presented to the Board the bills for allowance.
Upon motion duly seconded and carried, it was ordered the bills be
paid, and that the Secretary be instructed to complete the records and
pay the bills.
No further business appearing, the Board adjourned.
Respectfully submitted,
Secretary
APPROVED:
•
9G0229
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