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N I a M •. _ a 2 11 .1.a N ,C W N K) h M co }o 03 cc QN r o = ii o z ¢ o: . . •r t J r 2 f U O :• d W U N �. _:t 1I� H �O W y H = z O i • t P a ••• � Ib2�0JN d a a ui N -7r- I I M In W 1. 1 r. 4 / • /J V / RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION #1664 - BOLET COMPANY 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 #1664, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land", and WHEREAS, the request for Recorded Exemption#1664 was submitted by A. Bruce Johnson, President, Bolet Company, P.O. Box 747, Eaton, CO 80615, for property which is located in part of the E 1/2 SW 1/4 of Section 4, Township 6 North, Range 65 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 84 acres and 3 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 Recorded Exemption #1664 submitted by A. Bruce Johnson, President, Bolet Company, be, and hereby is, approved conditional upon the following: 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (ISDS) regulations. 2. Prior to recording the plat, the applicant shall show on the plat a common access easement for the benefit of Lots A and B extending from Weld County Road 72 across Lot A and leading to Lot B. The applicant shall dedicate said access easement on the plat for the use as shown using the language set forth in Section 11.7.12.5 of the Weld County Subdivision Ordinance. The plat shall also show a ditch access and a road access onto Lot B located in the north end of Lot B. All other existing accesses onto Lots A and B shall be eliminated. No new accesses shall be allowed onto either Lot A or Lot B. 941181 RE1664 Ge : /L; .6o/et RE: RE#1664 - BOLET COMPANY PAGE 2 3. The following note shall be place on the recorded exemption plat prior to recording: "A Flood Hazard Development Permit shall be required for any new construction or substantial improvements of existing structures in the Flood Hazard Overlay District located on the property." 4. Prior to recording the plat, the applicant shall show on the plat a building envelope to be located in the northeast comer of Lot B in which any residential construction on Lot B shall be located. BE IT FURTHER RESOLVED by the Board that 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 11.7 of the Weld County Subdivision Ordinance. 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of November, A.D., 1994. I 4' / ' /'/�r BOARD OF COUNTY COMMISSIONERS ATTEST: ��p'/fi2� (9/ WELD COUNTY, COLORADO Weld County Clerk to the Board ? H. Webster, CCChair an p� BY: :7 � % � Deputy Clerk to the Board -a Dale K. Hall, ro-T APP ED AS TO R • EXCUSED DATE OF SIGNING (AYE) George E. Baxter EXCUSED DATE OF SIGNING (AYE) County ttorney Constance L. Harbert Uce. ! f>e L Barbara J. Kirkmey 941181 RE1664 Conditions of Approval Bolet Company RE-1664 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (ISDS) regulations. 2. Prior to recording the plat, the applicant shall show on the plat a common access easement for the benefit of Lots A and B extending from Weld County Road 72 accross Lot Aand leading to Lot B. The applicant shall dedicate said access easement on the plat for the use as shown using the language set forth in §11.7.12.5 of the Weld County Subdivision Ordinance. The plat shall also show a ditch and a road access onto Lot B located in the north end of Lot B. All other existing accesses onto Lots A and B shall be eliminated. No new accesses shall be allowed onto either Lot A or Lot B. 3. The following note shall be placed on the recorded exemption plat prior to recording: "A Flood Hazard Development Permit shall be required for any new construction or substantial imporvements of existing structures in the Flood Hazard Overlay District located on the property." 4. Prior to recording the plat,the applicant shall show on the plat a building envelope to be located in the Northeast corner of Lot B in which any residential construction on Lot B shall be located. 941181 Conditions of Approval Bolet Company RE-1664 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (ISDS) regulations. 2. •viii—aeL s—sha-rtbr a±ThCWed iv cat* loyal"lut. 3 . The following note shall be placed on the recorded exemption plat prior to recording: A Flood Hazard Development Permit shall be required for any new construction or substantial improvements of existing structures in the Flood Hazard Overlay District located on the property. 941181 RESOLUTION RE: ACTION OF BOARD CONCERNING RECORDED EXEMPTION #1664 - BOLET COMPANY 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, at a regular Board meeting on November 16, 1994, the Board was presented with the request for Recorded Exemption#1664 which was submitted by Bolet Company, P.O. Box 747, Eaton, Colorado 80615, for property described as the E 1/2 SW 1/4 of Section 4, Township 6 North, Range 65 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 84 acres and 3 acres, and WHEREAS, at said meeting on November 16, 1994, only three Board members were present, and the applicant's representative, Bruce Johnson, requested a continuance to November 28, 1994. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request for Recorded Exemption #1664 submitted by Bolet Company be, and hereby is, continued to November 28, 1994, at 9:00 a.m. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of November, A.D., 1994. BOARD OF COUNTY COMMISSIONERS ATTEST: ideet\ WELD COUNTY, COLORADO Weld County Clerk to the Board EXCUSED W. H. Webster, Chairman a BY: ` (I LCL1 , K 1(11.1 C e _ EXCUSED Deputy C(Ork to the Board Dale K. Hall, Pro-Tem APPROVED AS TO FORM: " -4Zrge) Baxter �- ( County Attorney Constance L. Harbert > 1/r' '(-- / EXCUSED DATE OF SIGNING (AYE) Barbara J. Kirkmeyer 941135 RE1664 nn . Oi an 4}ft: ii4jes CLID COU;Tr. J,, ,1 ,.J 12 2 DEPARTMENT OF PLANNING SERVICES ' PHONE(303)353-3845, EXT. 3540 0I rri^ WELD COUNTY ADMINISTRATIVE140 N OFFICES 7TH AVENUE C. GREELEY, COLORADO 80631 COLORADO yy cpt q ' November 41,6, 1994 Board of County Commissioners Centennial Center Complex 915 10th Street Greeley, CO 80631 Subject: Recorded Exemption 1664 Dear Commissioners: This request for a recorded exemption is submitted by Bolet Company. The parcel of land on which this request is being made is described as the E/2 SW/4 of Section 4, T6N, R65W of the 6th P.M., Weld County, Colorado. The property is located north of and adjacent to Weld County Road 72 and approximately 1/4 mile east of Weld County Road 41. This request is to divide a 87 acre parcel into two parcels of 84 acres and 3 acres, more or less. Both proposed lots have been in agricultural production and were a part of a 175 acre farm that was split into two parcels of 87 acres each in August of this year. The applicant has indicated through the application materials that he plans on selling Lot A as a buildable parcel and retain Lot B for agricultural production. Access to proposed Lot A is existing from Weld County Road 72 and access to proposed Lot B is existing from Weld County Road 72 from the south and Weld County Road 41 from the west, via a farm access road accross neighboring property. The Weld County Health Department has reviewed this request and has no concerns. The Town of Eaton has reviewed this request and has no concerns. The Weld County Public Works Department has reviewed this request and has concerns, which are stated in the memo from Don Carroll dated October 6, 1994. The Department of Planning Service's staff has concerns that this proposal is inconsistant with efficient and orderly development and the agricultural goals and policies as stated in the Weld County Comprehensive Plan. The 87 acre parcel has (74 uj2s, been designated as prime agricultural farm ground of National importance by the Department of Agriculture Soil Conservation Service and the Colorado State University Test Station. This request, if approved, would allow for a residence on both lots A and B, greatly exchanging agricultural uses for residential uses on the property thus reducing the area of prime agricultural ground. The applicant has indicated within the application materials that the actual acerage of usable land will increase with the construction of a pivot sprinkler system, yet the potential for a residence on Lot B will always be there should the use of the property change. The Weld County Comprehensive Plan promotes preserving the agricutural use of prime farm ground. The Department of Planning Service's staff requests that the Board of County Commissioners consider this proposal and determine if the standards of Sections 11.5.1 through 11.5.7 of the Weld County Subdivision Ordinance have been met. Respectfully� 2subm�itted, � • Todd A. Hodges Current Planner 941181 a . bruce r u c e JOHNSON & ASSOCIATES 801 8th Street — Suite 220 Greeley, Colorado 80631 LAND RESOURCE SPECIALISTS (303) 356-6110 November 16, 1994 Board of County Commissioners Centennial Center Complex 915 10th Street Greeley, CO 80631 RE: Recorded Exemption Nos. 1664 and 1665 Dear Commissioners: Thank you for allowing me to present my request for approval of Recorded Exemption Numbers 1664 and 1665. First of all, this application complies with all of the subdivision requirements for Recorded Exemptions and is consistent (not inconsistent) with efficient and orderly development, and the agricultural goals and policies as stated in the Weld County Comprehensive Plan. These were explained in detail in the application and the Department of Planning Services has NOT identified any inconsistencies. Your authority is clearly identified in Weld County Subdivision Ordinances 11.5.1 through 11.5.6 to approve subject Recorded Exemption requests. The following information is provided to further explain concerns identified by Todd A. Hodges, Planner, in his November 16, 1994 letter to you. The attached map was taken from the November 16, 1994 packet you received from Department of Planning Services. The map is the same in each packet. a) I will use this map to explain the present farm and its "prime agricultural farm ground", before and after the Recorded Exemption approval, b) the historic accesses and the proposed accesses and, c)the improvement of the present safety concerns both Don Carroll and I have related to the existing sharp bend in Weld County Road 72, and the open ditch and related culverts in Weld County Road 41. a) The white and blue on the map shows the land that will be placed into production, and the black in Lot A of Recorded Exemption 1664 will be the land lost. According to Mike Shae of the West Greeley Soil Conservation District, Weld County Road 41 is the beginning of the "prime agricultural farm ground." He was not consulted by Department of Planning on these requests. He is very much in favor of our plan to clean up all of the old yard, numerous roads and ditches and to conserve water by installing the center pivot irrigation system. He does not object to these two Recorded Exemptions because of the Colorado-Nebraska-Wyoming • Farm & Ranch • Water . c....l,..ana. • Minerals • Consulting • Board of County Commissioners November 16, 1994 Page Two very limited impact the 2 Lot "A's" have on this farm. He believes like I, irrigated cropland increases from 150 acres presently to 163 acres under the pivot plus the north 2 corners for a total of 168 acres. Only two + acres will be taken out of production. b) The historic accesses are identified by the seven>. After the center pivot is operational (it is now in place) and the Lot "Ns" are approved, the four yellow>will be the only accesses. The rest will be abandoned. Two of the four remaining accesses will be joint accesses with the neighbors to the east and Lot A of Recorded Exemption 1664. The reason Lot A of Recorded Exemption 1665 cannot be a joint access is due to winter weather and must be located on Weld County Road 41. This 50% reduction in the present number of accesses to the proposed is helpful to the farming activity as well as the overall safety to farm people and other people traveling on Weld County Road 41 and 72. c) The big safety improvement comes after the sale of the Lot "A's" to provide funds to remove the irrigation dike, open ditches and road interference. The open ditch along Weld County Road 41 north of Weld County Road 72 will be closed and the accesses abandoned. The ditch will be replaced by a buried pipeline along the county road rite-of- way on the Bolet property. This will remove the risk of the neighborhood kids playing in the ditch. Also, the blue dike will be removed and a water line buried along the north rite- of-way for Weld County Road 72 on the Bolet property. This dike removal will eliminate the obstacle causing the blind jog in Weld County Road 72 at the 1/2 section line. Don Carroll and I both agree to this improvement along with the correction of the jog. Thank you for your attention. I hereby request your approval. Sincerely, Bruce Johnson BJ:wsr WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department 933 North 11th Ave., P.O. Box 758, Greeley, CO 80632 (303)356-4000 Ext. 3750 ff Phone3°3 -3s6 -6g0 1. Applicant Name {�r I e 1 QQ Address en. &,x 747 City a-j-o✓1 State Co ffrrZip gob's- 2. Address or location of access VG r co u S (c e e ci )fact e j /UQ p ) Section 4 Township_k_d__. Range &S l✓ Subdivision AI Al'& Block Lot Weld County Road# 'I/ 1 Side of Road Tgs. NAB or lie Distance from&number of intersecting road .ao o kif a p 3. Is there an existing access to the property? Yes < No #of accesses 7 ******k******k***k******)*******k****k************************k*k** 4. Site Sketch „ ?rcycSd- IL`C� 7 cuu t M&f I i I �--- 4�ct7ed. 3`y� 5. Proposed use: Industrial Permanent . ResidentiaUAgricultural _ _ Temporary _ Commercial _ Subdivision _ Other OFFICE USE ONLY • Road ADT Date Accidents Date Road ADT Date Accidents . Date Drainage Requirement: Culvert Size Length Other Comments: Installation authorized _ Information Insufficient Special Conditions Reviewed by: Title: :access.for sn9s7fr r74) '''R-S1 .n''i.'h" .""'o-, -f ` <yT';s4'` " ,t." ti Y E 32 ' s'�'5 }r ..' ''.• _�Ctt #3�� nl ... fRuff ug - • 1• ,C • �f ,� 1 i L.-.`+ 4+wb.2,-tvx°-•. _ oo c-....'!il> f .. • '�• .,N;,G• M i�} - e`K'�1N F Lj `y . �C , - i -.y am r,y.. K3 .. s 4, • • • r` r' :a ` y cif _ e'� r ^ deli {{'',,�a� 1 , Sty Z CY_ y f�`y_I ,c9,7-31.:;-,,fiv LigZ4 vX(�m..-as•"_-- Y..... ,_-_-,......-..,...,;\,:t.-, f ry,�t `: JR ' • -k- .µ1L` '.4" -iiv-. ' ^Jt �t .1 s s. • ,•^- ». s '� r. y i ' x * 7" e< 'z„��a ;tea {{ a a.--,,- F1 ,j � "� A 1s' w Ya.c a '�-,.mow�: •••-•4.4-.. .4•31 t�; �s,+�_`₹. ✓ • �..ir +ti 2h '-' • - 444,24 „.:,"''''' �, -t..'rc -- fig "` s fit:-• '' - '4, ,, _... � r j . , ...._ ___,...........„...,,...c.,....„.......„:„..tii.,..).:sa it y, ._ „ ‘,......... _„...... ":„.4.4.;1_..._:;,,.. .....;:}2. __,,...x.?„.,..• _,,,k , w ,VIJI� i iqr- ka'lull la Ltd ) 1" • ` ..{{ L-}, YGG✓1'\rJ l.l.F1iN S �.J r. r 'tiG. `rKudSAUf�tite5 tV14CCC t s k -q .r.. pr.µ r;S. `��'t�.'. ��x. _ G F , ,.; u µ DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WI I DWELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORAAVENUEO631 COLORADO 80631 COLORADO November 14, 1994 Bruce Johnson Bolet Company P.O. Box 747 Eaton, CO 80615 Subject: Recorded Exemption RE-1664 and RE-1665, being the SW/4 of Section 4, T6N, R65W of the 6th P.M., Weld County, Colorado. Dear Mr. Johnson: I have scheduled a meeting with the Board of County Commissioners on Wednesday, November 16, 1994 at 9:00 a.m. to consider your application. This meeting will take place in the 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 Service's 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 Service's office a few days before the date of the Commissioner's hearing to obtain the recommendation. If you have any questions concerning this matter, please feel free to call or write me. Respectfully, Todd Hodges Current Planner • A , :. , 1' ......„\ DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES lig ® 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 • COLORADO September 23, 1994 A. Bruce Johnson 801 8th Street, Suite 220-I Greeley, CO 80631 Subject: Recorded Exemption 1664. Dear Mr. Johnson: The recorded exemption application for Bolet Company will be processed on or before October 23, 1994. If it is determined that the application meets the approval criteria of the Weld County Subdivision Ordinance, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria, you will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Eaton Planning Commission for its review and comments. It is recommended that you and/or a representative be in attendance at the Eaton Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Gary Carsten, at 454-3338, for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. Sincerely, -'-i-tc/741‹,a Todd A. Hodges Current Planner 941181 a . bruce JOHNSON & ASSOCIATES 801 8th Street — Suite 220 Greeley, Colorado 80631 LAND RESOURCE SPECIALISTS (303) 356-6110 September 6, 1994 Department of Planning Services 1400 N. 17th Avenue Greeley, CO 80631 TO WHOM IT MAY CONCERN: Please send all correspondence with applicant to: A. Bruce Johnson 801 8th Street, Suite 220-I Greeley, CO 80631 Telephone: (303) 356-6110 Who is our agent in this matter. If you need any further information, he will try to accommodate your reasonable requests. 1. Attached is a complete application (plus five copies) for a Recorded Exemption on property currently owned by Bolet Company, a Colorado Corporation, who is the applicant in this matter. Subject land shall be the E 1/2 SW 1/4, Section 4, Township 6 North, Range 65 West of the 6th P.M. , Weld County Colorado, also a strip of land along the south end of the E 1/2 NW 1/4 of said section (see Deed) , except for the deeded ditch and dike described in Deed dated April 5 , 1917 in Book 474 at page 394 and obvious by location (which is in the process of being relocated) . Included in the application package are the following. a) A recorded exemption application form; b) A copy of applicant ' s deed is attached to the Certificate of Conveyance from United Title Company; c) Letter from North Weld County Water District indicating availability of water service. d) Included is the completed Recorded Exemption Questionnaire; e) A map drawn to scale on an 81/2 x 11 inch paper as required by the Recorded Exemption Procedural Guide. Colorado-Nebraska-Wyoming • Farm & Ranch • Water 941181 Ancraisals • Sales • Exchanges • Minerals • Consulting Department of Planning Services Page Two September 6, 1994 2. As mentioned above, United Title Company' s Certificate of Conveyance form and related deeds are included in this application. 3. Enclosed is a check in the amount of $900 payable to the Department of Planning Services for the required non-refundable application fee. The recording fee will be submitted after approval with the Recorded Exemption Plat. Said plat shall be prepared according to Section 11-7 of the Subdivision Ordinance. Thank you for your assistance in this matter. Sincerely, Bolet Company BY: ,_ -4<c� aeaz Thelma J son, Secretary Attachments Application United Title Company Certificate of Conveyance and Deed North Weld Water District Letter Recorded Exemption Questionnaire Map Company Check for Application Fee 941181 FIELD CHECK FILING NUMBER: RE-1664 DATE OF INSPECTION: 9/29/94 APPLICANT'S NAME: Botlet Company REQUEST: RE LEGAL DESCRIPTION: e/2 SW/4 Section 4, T6N, R65W LOCATION: North of and adjacent to WCR 72 and approximately 1/4 mile east of and WCR 41. LAND USE: N Corn H Corn/Onions S Residential/Corn W Residential/Llama/Corn ZONING: N A (Agricultural) B A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Access is existing from WCR 72 to proposed Lot A and is existing from WCR 41 to proposed Lot B. Site is currently in corn production. Proposed Lot A is currently in corn production. The building has been removed and only foundations exist. There is a power line that runs along the access road, which accesses from WCR 72, across proposed Lot B of RE-1665. There is a road that runs along the east boundary of the property and connects to the east/w�est�rooaad. Ji1 lit Todd A. Hodges Curr t Planner 941181 ADMINISTRATIVE REVIEW FLOW SHEET *-'.� y, A CASE r ` la//�// APPLICANT: C7o el (e1..,,r ir • REQUEST: LEGAL: 'El%- ` I)/i/. � '�L ' G - 1/2 • LOCATION: 14 4 pal 4 . Tv La�l.. . till 4.aj j At,s cud, LI . V Date By Application received - 1/4/14 Application complete ciiie7//44 Ill Letter to applicant drafted 1/19/44' l Referrals listed r1jfi 1/tf 666 File assembled - q-&3 -9j- Letter to applicant mailed 9 -a3- i12e Vicinity map prepared --- • Referrals mailed - i q-a3 _ Chaindexed (1'0'394 ii,ac.. Field check by DPS staff Administrative Review decision: History card card completed COMMISSIONER'S HEARING DATE: 4r. 14/ Ik19 Date By . Air photo and maps prepared C tl CC Action: I,. 4l CC Resolution received � , History card completed I (,), - Vim'` Record on maps and filed � .. �^ � �►+l ed' G,0' • APPLICATION FOR RECORDED EXEMPTION PHONE: (303) 353-6100, Ext. 3540 Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 FOR PLANNING JIEPAR' ENT USE ONLY: APPL. FEE CASE NO. Me - 1`L1 RECORDING FEE „Asti ZONING DISTRICT RECEIPT NO. /t DATE ,/r4/44 APPL. CHECKED BY if TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) I (we) , the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners. LEGAL DESCRIPTION: The East I, Southwest 4, Section 4, Township 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado, also a portion of the South end of the East I Northwest * of said Section (See Deed) . TOTAL ACREAGE: 87 Acres more or less 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 contigu� land owned y t applicant? Yes No X SEP 1 y 1974 FEE OWNERS OF PROPERTY: R'^°a'` ,IraPlannie8 Name: Bolet Company, a Colorado Cot',ration Address: P.O. Box 747, Eaton, CO 80615 Phone: (303) 454-3927 Name: Address: Phone: WATER SOURCE: Larger Parcel Proposed NWCWD Smaller ParcelProposed NWCWD TYPE OF SEWER: Larger Parcel Proposed ISDS Smaller ParcelProposed ISDS PROPOSED USE: Larger Parcel Farmland Smaller ParcelRural Residence ACREAGE: Larger Parcel 84t Smaller Parce13f EXISTING DWELLINGS : (Yes or No) Yes-Being Ramve4yes or No) None 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 ) BOLET COMPANY STATE OF COLORADO ) Signature: er or Authorized Agent A. -BRUCE JO SON, PRESIDENT Subscribed and sworn to before me this 12th day of September , 19 94. (SEAL) ( A Q1oc -C Notary F is My Commission Expires January 7, 1997 p REVISED: March 19941181 RECORDED EXEMPTION QUESTIONNAIRE 1. Explain the reason for the proposed recorded exemption and how each proposed lot will be used. The reason for the proposed recorded exemption is to change the ditch dike location and partial created thereto to a corner created by a "corner center pivot sprinkler" which has been purchased and shall be installed this fall. This corner shall be in the SE corner of Section 4, Township 6 North, Range 65 West. This created corner is best suited as a rural residence. The balance of the applicants land shall be used as farmland irrigated by the installed center pivot. Share holders of applicant also through another corporation, own the farm to the North where more than sufficient buildings are present. The split and resulting sale will provide money to clean up the waste area and finance the sprinkler purchase. This process will increase the net acres farmed. 2 . Describe the location, size and present use of the area where each proposed lot will be created. Proposed Lot A of this application is 1/2 mile east of the Northeast corner of WCR 72 and WCR 41 (Southeast corner of property) . It will be approximately 480 feet North and 450 feet West from said 1/2 mile in a triangle shape with the hypotenuse being a curve with a radius of 1622 feet from the center of said Southwest 1/4. The lot shall be approximately 2. 75 ± acres. This land has been used as waste and irrigated farmland. Proposed Lot B of this application shall be the balance of the East 1/2 of the Southwest 1/4 and strip of land along the South end of the East 1/2 Northwest 1/4 of said Section 4 and shall consist of 84 + acres. It has been used as irrigated farmland, waste, rural residence, irrigation ditches and dike. 3. Explain how the proposal is consistent with the Weld County Comprehensive Plan and any adopted municipal plan, if applicable. The proposal is consistent with the Weld County Comprehensive Plan which allows for Recorded Exemptions via the subdivision ordinance 173 and as amended in Ordinance 173-A effective August 10, 1993 . The land is allowed to be split to create a lot for a single family residential building site. Section 11. 2 explains the exemptions and is in compliance with Section 11.8 . This land does lie within 3 miles of the Town of Eaton. Lot A will become a rural residence and Lot B will remain irrigated farmland (agriculture) which both are consistent with the 941181 Comprehensive Plan Exemptions as described in Section 11.2, 11. 2 . 1, 11.8 in its entirety. There is not an applicable adopted municipal plan which pertains to subject lands, and is not within any city or town limits. 4. Explain how the uses permitted will be compatible with existing uses surrounding the proposed recorded exemption. The neighborhood is primarily irrigated farmland with farmsteads. The property to the North is an irrigated farm with a sheep feedlot, and two (2 ) residence. The land to the East is irrigated farmland. To the South is irrigated farmland and no residences. To the West is irrigated farmland and a proposed residential rural tract. 5. Explain how the proposal is consistent with the intent of the zoning district it is located within. This proposed Lot A and Lot B is in the agricultural district which allows lot sizes greater than one ( 1) acre, and this application complies. Historic and proposed uses are the same (agriculture) . A zoning change is not applicable nor desirable at this time. There is other agricultural zoned land between subject land and the Town of Eaton. 6. Explain how the proposal is consistent with efficient and orderly development. The proposed Recorded Exemption is not part of an approved Recorded Exemption within the past five (5 ) years (actually never) . The proposed is not part of an approved subdivision or recorded subdivision plat or unincorporated community and does not evade the requirements and statement of purposes as set forth in Section 1. 3 of the Weld County subdivision Ordinance. 7. Explain how adequate provision for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County will be accomplished. The water supply for Lot A and Lot B has North Weld County Water District water available (see letter included in this application package) . Its quality, quantity and dependability is proven. Lot A and Lot B shall comply with the Weld County Health Department Individual Sewage Disposal System (ISDS) permit requirements. A 30 foot access and easement will be the same as historically used along the East side of subject property. (See Plot Plan Map) . 941181 This proposed Recorded Exemption application complies with the Weld County Zoning Ordinances, Section 50, Overlay District Regulations. It is not in the airport location, approach, transitional, horizontal or conical zones. Geologic Hazard layers do not appear present nor in an overlay. Neither Lot A nor Lot B are in a flood plain. Sufficient drainage is available to handle irrigation and rainwater through normal ditches and percolation present on the subject property. No Planned Unit Development District exists for subject property. Existing rights of way are present for existing county roads servicing said properties. If wider reservations are reserved, they will be noted on the Mylar Plot which will be recorded. Utility rights of ways are also present along subject property for electricity, water and telephone. The economic welfare of the community will be enhanced by construction of center pivot, planed "cleanup" , owner occupied buildings, and through more taxe revenue. 941181 REFERRAL LIST NAME: Bolet Company CASE NUMBER: RE-1664 REFERRALS SENT: September 23, 1994/REFERRALS TO BE RECEIVED BY: October 7, 1994 COUNTY TOWNS and CITIES I�—Attorney Ault TJ X Health Department _Brighton _Extension Service Broomfield _Emergency Management Office / Dacono JSheriff's Office 4 X Eaton X Public Works Erie Housing Authority _Evans Airport Authority _Firestone _Building Inspection _Fort Lupton _Frederick STATE _Garden City _Division of Water Resources Gilcrest Geological Survey _Greeley Department of Health Grover Department of Transportation _Hudson Historical Society Johnstown Water Conservation Board _Keenesburg _Oil and Gas Conservation Commission _Kersey La Salle FIRE DISTRICTS _Lochbuie Ault F-1 Longmont _Berthoud F-2 _Mead Briggsdale F-24 _Milliken _Brighton F-3 New Raymer _Eaton F-4 _Northglenn _Fort Lupton F-5 Nunn Galeton F-6 _Pierce Hudson F-7 _Platteville _Johnstown F-8 Severance La Salle F-9 _Thornton _Mountain View F-10 _Windsor _Milliken F-11 Nunn F-12 COUNTIES Pawnee F-22 _Adams _Platteville F-13 _Boulder _Platte Valley F-14 _Larimer Poudre Valley F-15 Raymer F-2 FEDERAL GOVERNMENT AGENCIES _Southeast Weld F-16 US Army Corps of Engineers _Windsor/Severance F-17 _USDA-APHIS Veterinary Service _Wiggins F-18 Federal Aviation Administration _Western Hills F-20 Federal Communication Commission OTHER SOIL CONSERVATION DISTRICTS _Central Colo. Water Conservancy Dist. Brighton _Panhandle Eastern Pipe Line Co. _Fort Collins _Tri-Area Planning Commission _Greeley _Longmont West Adams COMMISSION/BOARD MEMBER 941181 444/1116 mEmoRAnDum WIlD Todd A. Hodges To Weld County Planning Date September 28, 1994 t' ✓ COLORADO /)9'1`r From Trevor Jiricek, Supervisor, Environmental Protection Servicest '- Subject: Case Number: RE-1664 Name: Bolet Company SW4 of Section 04, Township 06 North, Range 65 West Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for any proposed home septic system. The septic system shall be installed according to the Weld County Individual Sewage Disposal System Regulations. TJ/cs-3209 ig ; p z - 1994 Al h1S — -�e Ph;74in 941191 kOC 1994 posy, mEmoRAnDum O To Todd Hodges, Current Planner Date Oct. 6, 1994 nee COLORADO From Don Carroll, Administrative Cnnrdinatnr ti Case No. RE-1664 and RE-1665, Bolet Company Subject: I have visited the site at request of the Planning Department to verify and approve accesses. Case No. RE-1664: The existing access off WCR 72 is located in the southeast corner of the property. It is directly behind a five foot irrigation box structure and a dramatic curve in the road with little or no site distance to the west. Lot A lies between two irrigation box structures. The applicant is indicating on both recorded exemptions that the deeded dike and ditch will be removed. I am concerned about what method the applicant will use to convert the water from both irrigation box structures south across WCR 72? No ditch water is allowed to run in the County road right-of- way. My recommendation is to wait until the dike and ditch have been removed or possibly relocated, then re-evaluate the site. At that time, a safe access point to Lot A or a combined access point to Lots A and B will be determined. Case No. RE-1665: The existing access from WCR 72 lies a few feet east of the intersection. I would recommend that the new access point be moved east to line up directly across from the access point with the existing house on the south to control the access points. It will also provide additional stopping distance and site distance from the intersection. Lot B is indicating three existing access points from WCR 41. The north access point is indicating an easement next to a ditch. I am not sure if this is a ditch rider's easement. The main access point would be located in the center of the property to some out buildings. I would recommend that this be the access point and limit the accesses to one with no additional accesses to Lot B. cc: Commissioner Kirkmeyer Files: RE-1664 and RE-1665 WCR 72 941191 DEPARTMENT OF PLANNING SERVICES V r PHONE (303) 353-a345, EXT. 3540 2n �+ I WELD COUNTY ADMINISTRATIVE OFFICES 1�II1 1400 N. 17TH AVENUE SEP 2 1 1994 GREELEY, COLORADO 80631 COLORADO - .,,0ras►mn0 Date: September 23, 1994 CASE NUMBER: RE-1664 TO WHOM IT MAY CONCERN: Enclosed is an application from Bolet Company for a Recorded Exemption. The parcel of land is described as the E2 SW4 of Section 4, TEN, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of and adjacent to Weld County Road 72 and approximately 1/4 mile east of Weld County Road 41. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by October 7, 1994, so that we may give full consideration to your recommendation. Please call Todd A. Hodges, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. ;X We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: eas r r o the enclosed letter. s geed: Agency: TOWN OF EATON Date: 223 First Street Eaton, CO 80615 Alga a w a z) — --s.-.2• .$ I 20 2 \I 2213% 2, 2, _- `• i • •, I • 1, IJ • ! o Fvar • • • . ry:I' ] ] B°/n 34 35 38 • 31 32 ]s ', •E nE tluNN ` i ' ;•Corrections .. 'I -.-� . ..� line - .-...T.. mil."' r 1 1• I Second '— .- 6v -i r > e `_' ,_ • I ' 5 • C I ' 1 1 e ! • j ii '11 i2\ l �. •n.4 . 9 •�I\\ ' i 13• I 1� _ _e �I • 1_ 0 11 ° iE 1 I 1{ Intl^ ' •' 1 \ ] • 1 •J ! ) 1• ° i/ �! I� 3I 2 1• \e 1• k`!\\ II a •f \ I \ 1 1qI •le.1. 1 • •1 • • �' w 1�1 I i • // 30 . 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'•;.:, .. .. , G • , .,•.•011,i .. /1a ' • . ... • . ,. i :1,7 ti• , . t."..,4"iir-t4Th41 : I .:. ki.f i n Yi yt 2p.,::: i F• �: .roles:. - •it fix. . r , ,.. .. M F T 'li° t �r f:IIk t.! ik .rF ce' ry � tK rig 4ii# r 1 .14 ili‘ ;�-3' s ''.1,-.:;r„. 'ii i avrt •'n.. t r.i w } . may. " £' ••• • g •3= c • t>;'. T+--- k rY:.., 7 n t ,,,'; ••,.-Yc r t -' f ,,,„,,,,,„,...„,„.„..„..,,. .. ...,.4„a. : `" ggz^^. . ... . t ,i- a.,, �`. . S��.,r . < « Ari • •••.,...• n..___._.. ........eut`U rv. o„) x t a''J'r'MY. ry a6: t. -. WELD COUNTY CERTIFICATE OF CONVEYANCES DEPARTMENT OF PLANNING SERVICES STATE OF COLORADO ) COUNTY OF WELD The UNITED TITLE COMPANY OF GREELY TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972. LEGAL DESCRIPTION: See Schedule C attached hereto and by this reference incorporated herein. CONVEYANCES (if none appear, so state) : Reception No. 2403854 , Book 1456 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 UNITED TITLE OF GREELEY COMPANY is hereby limited to the fee paid for this Certificate. In Witness Whereof, UNITED TITLE OF GREELEY COMPANY has caused this certificate to be signed by its proper officer this 24th day of AUGUST , A.D. , 1994 . at 8:00 o'clock. UNITED TITLE OF GREELEY COMPANY By: � Al, Pa AUTHORIZED S GNATURE 941181 Form No.1056-4-C(CO-B7) SCHEDULE C The land referred to in Schedule A is situated in the State of Colorado, County of WELD and is described as follows: The East Half (E1/2) of the Southwest Quarter (SW1/4) of Section Four (4) , Township Six (6) North, Range Sixty-five (65) West of the 6th P.M. , County of Weld, State of Colorado, ALSO a strip or parcel of land across the South end of the East Half (E1/2) of the Northwest Quarter (NW1/4) of said section lying and being between the South line of said East Half (E1/2) of said Northwest Quarter (NW1/4) of said section and the Mimmack Ditch, said strip abutting the East Half (E1/2) of the Southwest Quarter (SW1/4) of said section. 014 a dna �.; O'clock_M.AR 0.cmatt. 2aa038SS —__ II rai ! PERSONAL REPRESENTATIVES DEED I' • (Testate Estate) It I, THIS DEED k made by NORWEST BANK GREELEY, NATIONAL ;I ASSOCIATION '' l as Personal Representative of the Estate of :I tt Juanita T. Shelton 'I .deceased.Grantor. �. �I LO HOLET COMPANY, a Colorado corporation .Grantee, whose legal address is P'0' SCR 7tJ7 . 1. 1 Eafon- OO PX>fd5 I ', of the 'County of .State of Colorado I! WHEREAS,the Last Will and Testament of the above-named decedent was made and executed in the lifetime of the decedent,and is dated December 9 .198.0 which Will was duly admitted to(tkKKAii(informal) probate on July 1 ,19_.-.by the DISTRICT Court in and for the ----County of Weld .State of Colorado.Probate No. 01 nR 1 61 WHEREAS,Grantor was duly appointed Personal Representative of said Estate on Its lv 1 "- l9 93.and is now Qualified and acting in said capacity. • - NOW THEREFORE.pursuant to the powers conferred upon Grantor by the Colorado Probate Code.Grantor does hereby sell.convey,assign.transfer and set over unto said Grantee t a43%a(xataatatr (for and in consideration of One Hundred Sixty.Elve ThemcAnd Seven Hnrvtrrd Fifty.and 00/I onrhs------Dottarsl" }..; XXXICEOrieEtEXSkGXd( )fdICCKYKt6a35ks74tAXiXXtegitetOCt%d('A14-'Cv.'XXIX' the following described real property situate in the County of weld ,State of Colorado: , tt 11 •u ;I The East Half (F.1/2) of the Southwest Quarter (SW1/4) of Section Four (4) , Township Six (6) North, Range Sixty—five (65) West of a/ t; the 6th P.M., County of Weld, State of Colorado, ALSO a strip or I' '- ,V.../.\ parcel of land across the South end of the East Half (E1/2) of the , t-- l�, Northwest Quarter (NW1/4) of said section lying and being between the South line of said East Half (E1/2) of said Northwest Quarter 1� (NWl/4) of said section and the Mimnack Ditch, said strip abutting ,9 the East Half (E1/2) of the Southwest Quarter (5141/4)of said i! ; ;' section, TOGETHER with "wenty-three (23) units in the Northern P. =Ev, Colorado Water Conservancy District,T-tree (3) shares of the capital ' stock of The Lorimer and Weld Irrigation Company, Four (4) shares _ of The Lorimer and Weld Reservoir Company, Four (4) . shares of the capital stock of The For Far Lateral Ditch Company, and together A. with all easements, rights-of-way, water rights associated III �! thereto to irrigate subject property, including Grantor's interest, if j i- II any, in any domestic water wells which may exist on the property in "as is" i condition. I ((,; reservations, -onditions • With all appurtenances.subject to covenants/asemenu and restrictions of record.and subject to general property '-' taxes for theyearl99-.1—.and subject to lateral ditch and dike as contained in deed '' in Book 474, Page 394, and oil and gas lease in Book 1095, Reception ," No. 02036192, Weld County Records, and extensions of lease in Book N t XSWty69tltNKtLYkkSQMkIOCROtRtaR%Olglatle InC Met HKARpkx 1102, Reception IIo. ja . 02041852/,Book Executed r1/A:; - .19 1,1 89, Reception No.* JinrwP`r Rank r,-o,s l..y a +anal •`r :I *02134796, a)nd Ratification in Asses iation`� _. i, •Ti 'i Book 1189, Reception No. 02134797. Bv: 5ic< �. II e Title: Assistant Vice President 'i `i- ?.,,on'Rro,escala+lnoftM Estate or Juanita T Shelton ::>:'. II ,Dcaasea STATE OF COLORADO its I COUNTY OF WTI f7 n I1 il The foregoing instrument was acknowledged •before me this / /, y by Carol A. CO% a5 Assistant Vice P-e5-Aen" I.Crwe4,• Rant- Cron 1e as ,av s! Nss6 �' ro Juanita T. Shelton as Personal tt pre- ntauve�Fthe2`s.alc of .Deceased. • r Wh my(tand and official seal.- - //ice is y ,i iffy1t br , enno Moires: /Y /• 1 !� Lf J I - _ ,:,_� • w..�,wamsdh,a+Gaunt Nnt,Cmee nmnn4 1. t�;df f,.i _ .. _.... CPC46.Re,.II-92, PERSONAL RERfsrxrsnvnn DEEDRn,wl -"' .I 2403855 8-1456 P-755 08/24/94 04:11P PG 1 OF 1 REC DOC Mary Mn Feuerstein Held Co., Clerk & Recorder 5.00 16.57 f,rt„ ins a� 941181 BOARD OF DIRECTORS � ERNEST TIG�=E S -- �- �-�,c... NORTH WELD wUNTY WATER DISTRICT GARY SIMPSON ERNEST ROsS Ay a HIGHWAY 85 • LUCERNE, COLORADO 80046 W.M. McKAY CHARLES ACHZIGER WAIF LYLE NELSON, MGR. PO. BOX 50 • PHONE 356-3020 August 31 , 1994 RE: Water Service Dear Sire, This letter is in response to your inquiry regarding water service to the following described property: . E' of the SW'a of Section 4-6N-65W 1. Water service is presently being provided to the above described property. 2. X Water service can be made available to the above described property provided all requirements of the District are satisfied. If contracts have not been consummated with North Weld County Water District within one year from the date of this letter, this letter shall become null and void. • Additional comments: Sincerely, • North We North We ountttD'tD'strict Ly D. Nelson Hager • Bruce Johnson 941191 • f I A P/ah - QO-1e4 ce , E & 5W Sec. 4 , ov, y Tivio 4 Qx1 rN 9 c° AcccasS — -- (Ea sewevf) CIN . e ,d 1'0Q 1 Di c(1 „A ; Ce44-er Se4:o v\ 9 7wp 6,U 2q 62.5-4/ .• O posed 421 B S'4t At. X' s � = � � reidlhS �70 be rewe,ec) - Access and a Jhll � '1� • Zo D� e1eci (—iv be rewee Proposed, eW a . ) s+ ac. WC. 707. Ek S� t "9 � �- Aec ess. w DA4404 Hello