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HomeMy WebLinkAbout900631.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 1289 - OWEN FARMS 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. 1289, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land" , and WHEREAS, the request for Recorded Exemption No. 1289 was submitted by Owen Farms, c/o Arnold Turner, for property which is located in part of the W} , Section 12 , Township 3 North, Range 68 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 2 acres and 118 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 System (ISDS) regulations. 900631 2e PE Page 2 RE: RE #1289 - OWEN FARMS 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 system. 4. The following sentence shall be placed on the recorded exemption plat above the applicants ' signature: "We further dedicate the easements as shown herein for the purposes shown. " 5. The access easement to the 2-acre lot shall be designated on the plat as "30-foot access easement. " 6 . Prior to the issuance of building permits on the proposed 118-acre parcel, evidence shall be provided to the Department of Planning Services that the property will be served by Little Thompson Water District. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of July, A.D. , 1990 . 11/0/71"h BOA OF COUNTY COMMISSIONERS ATTEST: BWELOA OF CO COLORADO Weld County Clerk to the Board � (AYE) ene R. Braelligekill./ r, Chairman 41 } (AYE) BY: � 11p I( �ei-A) eorge enne y" duo-Te eputy6Clerk to the Board A_441E1) APPROVED AS TO FORM: onstance L. Ha r (AYE) i! /i' % C.W. I 'rb .� >�— 1 ,County Attorney (NAY) G . L i 900631 it DEPARTMENT OF PLANNING SERVICES PHONE(303)356 4000,EXT.4400 91510th STREET GREELEY,COLORADO 80631 C. COLORADO July 18, 1990 chft uy Board of County Commissioners G� Weld County Centennial Center v^ 915 10th Street Greeley, CO 80631 Subject: Recorded Exemption #1289 Dear Commissioners: This request for a recorded exemption is submitted by Owen Farms, c/o Arnold Turner. Mr. Turner has a contract with Bruce and Christine Gillmore, Kenneth Kreager, and Margaret Mann for the 120 acre parcel in question. The parcel of land on which this request is being made is described as part of the W} of Section 12, T3N, R68W of the 6th P.M., Weld County, Colorado. The property is located approximately 1 mile east of the Town of Mead, north of Weld County Road 34, approximately . 5 miles west of Weld County Road 13. The request is to divide a 120 acre parcel, which is the total contiguous land under contract to the applicants, into a 2 acre parcel and a 118 acre parcel. Access to the lot is from Weld County Road 34, a county local gravel road. Water service is provided to the proposed smaller lot by Little Thompson Water District. A letter from Little Thompson Water District is attached. The letter states additional water service is expected to be available by late 1991 and that if a developer or other person will participate in their cost sharing policy, the project would move up on their priority list and could normally be accomplished within six months. Sewer service has been proposed as septic systems and is existing on the proposed smaller parcel. The Department of Planning Services' staff has concerns about the level of development and the potential for continued division occurring in this area. As shown on the attached parcel identification map, the remainder of this section has been divided into 20 parcels, which were created prior to the adoption of the County's subdivision regulations on August 30, 1972. Seven of these lots currently access onto Weld County Road 34. The configuration of these lots on the county road constitutes a linear subdivision which is not consistent with efficient and orderly development. The approval of this recorded exemption application would create the possibility of an additional 900631 Board of County Commissioners July 18, 1990 Page 2 access onto Weld County Road 34. Development in this area has reached a level where continued divisions may evade the intent and purpose of the Weld County Subdivision Regulations. Residential development in rural areas necessitates an increased demand for road maintenance, police and fire protection, school busing, snow removal, utilities, and other urban services. As density increases, so do service demands. 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, (3411"14C. (91‘- 644-4? Lanell J. Curry Current Planner LJC:dn v' CONDITIONS OF APPROVAL RE-1289 OWEN FARMS 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 System (ISDS) regulations. 3. A 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 system. 4. The following sentence shall be placed on the recorded exemption plat above the applicants' signature: "We further dedicate the easements as shown hereon for the purposes shown." 5. The access easement to the 2 acre lot shall be designated on the plat as "30 foot access easement." 6. 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LAND USE: N Agricultural production E 6 residences within .5 miles S Weld County Road 34, 1 residence, agricultural production W Agricultural production, oil and gas production ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: The property contains structures as shown on the plat. The structure on the proposed larger lot is uninhabitable. The rest of the larger lot is in corn. Access is fLom Weld County Road 34, a gravel county local. The property slopes upward and toward the house on the smaller lot. 1 J. Current Plrfer �'G9331. APPLICATION FOR RECORDED EXEMPTION PHONE: 356-4000, Ext. 4400 Department of Planning Services, 915 10th Street, Greeley, Colorado 80631 FOR PLANNING DEPARTMENT USE ONLY: 00 APPL. FEE 4450 -- CASE N0. 2 E "/e)S7? RECORDING FEE ZONING DISTRICT RECEIPT NO. (` 1,2,84. DATE /7- 01. - 90 APPL. CHECKED BY ,ec_.-- 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: See attached legal description and survey. Pt wa /, -3 4,bp TOTAL ACREAGE: 120.09 Has this property been divided from or had divided from it any other property since August 30, 1972? Yes X No Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes X No FEE OWNERS OF PROPERTY: Current owner: Name: °wen Farmft: a Partnership (agent: Arnold E. Turner, 425 Coffman, Longmont) Address: 4506 WCR 36, Mead, CO Phone: 535-4204 under contract to: Name: Bruce and Christine Gillmore Address: 1518 Main St. #101 Louisville, CO 80027 Phone: 666-5838 Name: Kenneth Kreager & Margaret Mann Address: 1518 Main St. #101, Louisville, CO 80027 Phone: 666-7325 - L WATER SOURCE: Larger Parcel Little Thompson Smaller Parcel Little Thompson p a ...psi o cd pfopo5ed TYPE OF SEWER: Larger Parce]. rsgp it Smaller Parcel septic PROPOSED USE: Larger Parcel agriculture Smaller Parcel residence ACREAGE: Larger Parcel 116.1 Smaller Parcel 2.0 EXISTING DWELLINGS: (Yes or No) yes (Yes or No) no 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 o£ my knowledge. COUNTY OF WELD } STATE OF COLORADO ) Signature: Owner or Authorized r, t �CJ Subscribed and sworn to before me this "J day off- rzr 195 . (SEAL) � o j / � y. N ry Public /+rat^ My Commission Expires /- - i `.N; POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that I , George Owen (name) , the undersigned, of Owen Farms A partnership 4506 WCR 36 , Mead, Colo. 80542 __(address) , County of Weld , State of Colorado here- by constitute, make and appoint Arnold E. Turner (name) , of 425 Coffman Longmont, Colorado 80501 (address) , County of Boulder , State of Colorado my true and lawful attorney- in-fact, for the following purpose : . To represent me in the matter of the foregoing attached application for a _ Sub. exemption and Rec. exemption _ (variance, recorded exemption, etc. ) , in regard to and only in regard to the particular property described in said ap- plication, before the Planning Sta££, Planning Commission and County Commissioners (Board of County Commissioners , Board of Adjustment, etc. ) and to present evidence on my behalf before said Board. 9 eflW far—2-.C''''&'&2-7 6'. ---'.V" lc ' - Subscribed and sworn to before me this 15th day of r !'C' '/G1Pne 1990 . l _a\\\ ' ,, yC /) ��, 41-c ,, , / y n, Notary Public My commission expires : 1-S-91 OrC a1 804-79-012 . .• ,,,r r ' The ranted k p portions of this form approved by the I Colorado Real Estate Commission(CBS3.5-S9) - • I THIS IS A LEGAL INSTRUMENT.IF NOT UNDERSTOOD,LEGAL,TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORESIGNING. 1 ' VACANT LAND/FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE Seller's remedy Liquidated Damages or Specific Performance(Section 16) • JunI.PARTIES AND PROPERTY). Bruce s Christine Cillmore, Kenneth L. Kreaaer9and Margaret L. mannng, with appropriate },Yai ,� prrrntset(awPurchaser],(as joint tenants/tenants in common) agrees to buy,and the undeersignned seller(s)[Seller],agrees to sell,on the terms and conditions set forth in this contract,the following described real estate in the County of WW 11 Colorado,to wit:- See attached survey whikeh shall be the legal (Zxhibit A) known as No. 5259 NCR 34, Platteville, Colorado S0651 (Street Address,City,State,Zip) together with all interest of Seller in vacated streets and alleys adjacent thereto,all easements and other appurtenances thereto,all impmvemenis thereon and all attached fixtures thereon,except as herein exclude,and called the Property. 2. INCLUSIONS. The purchase price includes the following items(a)if attached to the Pmpeny on the date of this comrace lighting,heating, plumbing,ventilating,and air conditioning fixtures,TV antennas,water softeners,smoke/fire/burglar alarms,security devices,insideielephone wiring and connecting blocks/jacks,plants,mirrors,floor coverings,intercom systems,built-in kitchen appliances,and sprinkler systems and controls;(b)if on the Property whether attached or not on the date of this contract:built-in vacuum systems(including accessories),storm windows,storm doors,window and porch shades, awnings, blinds, screens, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating stoves, storage sheds,all keys and garage door openers including remote controls;and(c) All other items belonging to the owners that are currently on the premises. (d)Water Rights.Purchase price to include the following water rights: 100 Units NCNCD water (Big T) , 2§ shares of the Capitol Stock of the Highland Ditch Co. , and 5 shares of New Ish, together with ditches, headgates and sights of way sufficient for delivery of said water to the farm. . (e)Growing Crops.With respect to the growing crops Seller and Purchaser agree as follows: All 1990 gnawing craps • are the property of the Sellers.. The above-describe included items(Inclusions)are to be conveyed to Purchaser by Seller by bill of sale,6 appropriate 'water stock' deed or other applicable legal instrument(s)at the closing,free and clear of all taxes,liens and encumbrances,except as provided in section 10. trans fern. The following attached fixtures are excluded from this sale; All of the tenant's personal possessions, 3.PURCHASE PRICE AND TERMS. The purchase price shall be$ 275,000.0 0 - follows(complete the applicable terms belotvg .payable in U.S.dollars by Purchaser as $ (I.li rr$e$talarub Check in IhTef urne r Rea it t of ,as earnest money deposit and part payment of the purchase price,payable to and held by y 1, account on behalf of both Seller and Purchases Broker is authorized to deliver the earnest none de ,broker,in broker's trust y posit to the closing agent,if any,at or before closing. 3U1;�A . RtC�g- $ to be paid by Purchaser at closing in cash,electronic transfer funds,certified check,savings and loan teller's check,or cashier's check.SUBjELTIRIMTAIVIIMHTbTATTefirffriTih ey1TtglbilnitaTialifffaimeorcTOrrig haIntdifferenlTi iliteTaantilancemsection7, mra inunetrsflAlI11Nmse TnFgAh•I:IZ'IM 1711 PRIM'fiilTdll49! •-'_ (2'yNesf,Loan. $ by Purchaser obtaining a new loan.This loan will be secured by a(Ist,2nd,etc.) The new loan to Purchaser fiatF deed of trust. � bC-amortized over a period of years at approximately E_,.,r" . - per including principa�rantllntC)est not to exceed „..°bpEr annum,plus,if required by Purchaser's larder, a deposit of of the estimated annual real estate tax If the loan is an adjustable interest rate or graduated payment loan,the pa property insurance premium,and mortgage insurance premium. ,yaymEats.and interest rate initially shall not exceed the(figures set forth ohms. Loan discount points,if any,shall be paid to lender atsloainfind shall not exceed` k c The first(I,2,etc.) loan discoyrdpdY nts shall be paid by - ` of the total loan amount. and the balance,if any,shall bepeidby Purchaser sh;ilbolely pay a loan origination fee not to exceed %of the loan amount and Purchasers loan costs"Cpat n appraisal for loan poses to be obtained after this date shall be paid by �'y-.,�p bpon loan application as required by lender. NO.CBS3-S•89. VACANT LAND/FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE Lz f G p Cr: f �� Moy I • I - IS.INSPECTION. Purchaser or any designee,shall have the right to have inspection(s)of the physical condition of the Property and Inclusions, .at Purchaser's expense. If written notice of any unsatisfactory condition, signed by Purchaser, is not received by.Seller or Listing Company on or before' June 15 ,19 90 the physical ions shall be deemed to be satisfactory to Purchaser.If written notice of any unsatisfactory condition,s gned byPurchaser,is given to Seller or L stingsCompany as set forth abovedQSSYi sef2 U n, and if Pu9buser and Seller have not reached a written agreement in settlement thereof on or before 19 ,this contract shall then terminate,subject to section i7.Purchaser is responsible and shall pay for any damage which occurs to the Property and Inclusions as a result of such inspection. 19.AGENCY DISCLOSURE. The listing broker, Turner. Inc. . of Longmont and its sales agents(Listing Company)represent Seiler.The Listing Company owes duties of trust,loyalty and confidence to Seller only..While the Listing Company has a duty to treat Purchaser honestly,the Listing Company is Seller's agent and is acting on behalf of Seller and not Purchaser. BY SIGNING BELOW, PURCHASER ACKNOWLEDGES PRIOR TIMELY NOTICE BY LISTING OR SELLING COMPANY THAT LISTING COMPANY IS SELLER'S AGENT The selling broker, turner, Inc. of Longmont • and its sales agents(Selling Company)represent: [IF THE BOX IN SUBSEN(b)IS CHECKED, SELLING C REPRESENTS PURCHASER ONLY, AS SET FORTH N SUBSECTION (b)CT. THE BOX IN SUBSECTION (bO SP NOT CHECKED,SELLING COMPANY REPRESENTS SELLER ONLY,AS SET FORTH IN SUBSECTION(a).] (a)Seller. The Selling Company owes duties of trust,loyalty and confidence to Seller only. While the Selling Company has a duty to treat Purchaser honestly;the Selling Company is Seller's agent and is acting on behalf of Seller and not Purchaser.BY SIGNING BELOW,PURCHASER ACKNOWLEDGES PRIOR TIMELY NOTICE BY SELLING COMPANY THAT SELLING COMPANY IS SELLER'S AGENT. ' ❑ (b Purchaser. If the hoz is checked:The Selling Company owes duties of trust,loyalty and confidence to Purchaser only.While the Selling Company has a duty to treat Seller honestly,the Selling Company is acting on behalf of purchaser and not Seller.SELLER AND LISTING COMPANY ACKNOWLEDGE PRIOR TIMELY NOTICE BY SELLING COMPANY THAT IT IS PURCHASER'S AGENT, 20.ADDITIONALPROVISIONS: A. Regarding Paragraph 3. ,.(e)1 One month following the closing Purchasers shall begin meting monthly, payments on $135,000.00 of the total owed to Seller ($235,000.00)_,. in, the amount of $1450.71, whtah amount is necessary to fully amortize $135,000.00 over 15 years @ 108 interest, and shall continue to. make said payments until the entffe amount owed shall be fully due and $100,000.00 shall begin to draw interel ston Nov. 1,y1990,1 T andshallhe mhaven ' an annual payment of principal. and interest beginning Nov. 1, 1991, in the amount of $13,148.00, which is necessary to gully amortize the said I $100,000.00 over 15 years,, @. 1.0.8, interest, and shall continue to make said payments until the entire amount owed shall. be„ fully due and payable on • Nov. 1, 2001. Purchaser may request the release of up to 2 acres in a logical location, together with the necessary ' ingxess/egress easement with out additional payment toward principal; up to .5 additional acres around the labor shack may be released upon payment, of $3,000.00 principal per acres In no case shall any water rights be released without payment in full. D. This offer to satisfaction that a secondrhouse_ can chase is eberbuilt onnthe9proent upon without and hardship in their sole opinion. C. This offer is further contingent upon soil tests confirming the suitability of this farm for the Purchaser's intended use as a tree farm. 21. RECOMMENDATION OF LEGAL COUNSEL. By signing this document,Purchaser and Seller acknowledge that the Selling Company or the Listing Company has recommended that Purchaser and Seller obtain the advice of their own legal counsel regarding examination of title and this contract. . 22.TERMINATION. In the event this contract is terminated,all payments and things of value received hereunder shall be returned and the parties shall be relieved of all obligations hereunder,subject to section 17. 23.,NOTICE OF ACANCE/COpyTERPARTS. If this Prosal is accepted by Seller in writing and Purchaser receives notice• of such acceptance on or before 4M,L (brI7�f 19 /y// A copy of this document be exec ted y each party,separately,and when each tparty has executed a copy thereof,his document shall become a such uchract e between taken togetherhall be deemed to be a :nd c ontract between the parties. `hazer / •" One ph aser . ,.r a„, a [G. �� � Dam . . /- 7r�`7 'noa..Sv. /(t C Q I 0 BECOMPLETED BY SELLER AND LISTING COMPANY O/ fi 1 toad 5 v.7/v C'o I 20.ACCE`PTANCE/COMMISSION `ge er acce is the a e proposal Seller shall pay to the Listing Company a commission of_. p posal this day of s-OO27 19__. as agreed upon between Seller and Listing Company for services in this transaction. In the event of forfe of the gross purchase price iture of payments and things of value received hereunder,such payments and things of value shall be divided between Listing Company and Selltr,one-half thereof to Listing.Company,but not to • exceed the commission,and the balance to Seller. $7<.5 Dam Sellers?, ! �{ �.Fac "' `^J. /,-) U Seller's Address paw The undersigned Selling Company acknowledges receipt of the earnest money deposit specified in section 3 and both Selling Company and Listing Company confirm the respective agenry.disclosure set forth in section 19. Selling Consign a r""+-....,„.„,' Address ��,/ ) "y is�paaiarei �,,.1•�n• ':'. Dme 4 Listing Coin // � �! j JJ Address (Squaiuky- �Yifi /"� Date 't•r" ^ra.r+ • CAIL-A. 6.64-6.64-� /3 ,�\ (_J • es"el 1 No.CBS3 p.r /4 665: a6 36 3 ie /'' 6(f -2_5 i vv�' —� . I r } 1 STATEMENTS SUPPORTING APPLICATION for RECORDED EXEMPTION 4. The existing improvements on Lot 'A' are substandard and not to code. Therefore the applicants (the two farm families) wish to remove a two acre parcel (labelled Lot 'B' ) so that a new home can be built and financed separately. The purpose of this is to allow the two farm families to jointly farm Lot 'A' in a partnership, since the intensified agricultural uses that the partnership has planned require the participation of both families. The other farm family will occupy the current house and accessory buildings shown on the map, but will replace the existing farm house with a new house in the near future. 5. This proposal is consistent with the Weld County Comprehensive Plan as defined in the Agricultural Policies, paragraph 7, sections B and C. Specifically, regarding section B, Lot 'B' is currently nonproductive agricultural land. In regard to section C, it is the intent purpose of the applicants, as stated previously, that two families will live and work on this property. This recorded exemption will provide a new home site for one family of the partnership. 6. The proposal is consistent with the intent of the zone district (agricultural) since the purpose is to intensify the agricultural production on the remaining acres by continuing the current farming practices on most of this acreage while establishing a wholesale tree nursery on a portion and raising livestock on another portion. 7 . The uses that will be permitted include the agricultural use of the land and dwellings for the two farm families. These uses are consistent with the uses of surrounding land and would not alter these uses in any way. 8 . The proposed use of this land is directed at maintaining the primary land use as agricultural and is therefor compatible with the existing zone and with the projected future development as envisioned in the comprehensive plan. 9. Our proposal has been carefully considered and we believe it is consistent with efficient and orderly development of the land. For instance, both the existing farm buildings and the proposed Lot 'A' have existing farm roads/driveways serving them and therefor will not require any additional access to WCR 34 to be created. There are also separate water taps and electrical services available to both sites, or will be by the time the second family builds in 1992. The west half of Section 12, T3N, R68W and Section 11, T3N, R68W have been held by one owner (Mr. Owens) for many years and have not been subdivided. The Owens farm partnership does not anticipate any future recorded exemptions on their property, nor do the purchasers of this property anticipate the need for any further divisions of the property and in the future hope to acquire more land adjacent to the farm. 10. See the attached letter from the Little Thompson Water District. Also, if required, the applicants agree to pay the $5. 00 per foot participation fee at the time they apply for a building permit. 11. According to information from the Weld County Planning Staff, this property is not located in a floodplain, geological hazard, and Weld County Airport overlay district; and the application complies with section fifty overlay district regulations. 12 . Because of the excellent water rights and the apparently excellent soil of the described property, this land is ideally suited for the purposes that the purchasers have in mind. The purchasers believe that the development of a wholesale tree nursery will be a benefit to Weld County as well as to themselves. It will further diversify the agricultural base of the citivn4y,egia should have a positive effect on the local economy. °C ,O`�)4�''' LITTLE THOMPSON WATER DISTRICT DIRECTORS. Telephone 532-2098 Carey J.Salomanson, June 18, 1990 307Dra Welch Avenue President Glenn W.Gibson Berthoud Colorado 80513 leo Bakel Keith Crooneuisl Tom Reynolds E Thomas Ricord Dean Anderson MANAGER' Richard H.H.Whittet Weld County Planning Commission 915 10th Street Greeley, Colorado 80631 To Whom It May Concern; This letter is in response to a request for additional water service to a property located in the West 1/2 of Section 12 , Township 3N, Range 68 West of the 6th Principal Meridian in Weld County, Colorado. Further, this property is said to have a southerly boundary adjacent to Weld County Road 34, and is located approximately 1 1/2 miles east of Interstate 25. Currently, the District has a 2" water line located along the north side of Weld County Road 34 in the above described area. This water line is operating at capacity and no additional water taps are being sold in this area at this time. We do have plans to improve service in this area by means of a water line project which would mean installation of a 6" diameter water line from Weld County Road 13 west to Interstate 25. This project is currently priority number 7 on our list of projects which means that the earliest this project will take place will be late 1991. If a developer or other person requests service and will participate in our cost sharing policy whereby they pay an amount equal to $5. 00 per foot of line extension needed to get service to their property, this project would move up on the priority list and can normally be accomplished within 6 months. Our priority list does change annually and the number assigned to this project is only tentative. As you can see, there is no guaranty of when this project will take place. When it is in place there will be capacity to allow additional taps in that area. If you have questions, or should you need additional information please contact our office. Best Reg;-5 s,�, � ks, sBarry� Operations Supervisor 'Tune 18 , 1990 To Whom It May Concern: RE: Little Thompson Water District Letter. As you have read, Little T believes a water tap will be available for this recorded exemption parcel late in 1991, or sooner if the owner would put up $5 . 00 per foot on a participation £ee. As the applicants will not be ready to build on this parcel until then, we hope no requirement will be made to partic- ipate prior to approval of the recorded exemption. To require this now would work a hardship on the owner. We would accept a note on the final plat, stating "No building permit will be issued on this recorded exemption parcel until a water tap is obtained. " We hope this is acceptable. 1 eel° T - �� N.W'It "r �wC_ � G � I� • --..-=z b° ,r) .0 3 S fl 0 M h M , M M r7 r, r1 P� � a — � �a \ 40.4....40.4.... _ il FI4 5 { "- N- —X3_- 47,8 11 M N1 4m1 1_ L HE i NN- I -II.tile\--2- MI W 4 IA i Fg _ ":e 5 p �5ill ill sg 8 `1 ` .. I - T 1. (Y�a a ri ' G N C ii8 8till 2 n 3<i '�-+, - —lig I i=c- . t\ e ill §Ir r_ iv— R '= ICI -W _� , -_ f 81 i NI 44 ii 1 es ! _ <g M _ gar M � �? Ei id,. ,Yg I 1 :ii ild T ., / a --- - z illI - - - f _ I € ,., i I e'_ gm: � - 3 M � Or t.'_ g� @ ^ � G <, .-1 �- -.---'--M Ill : l_ 1 q` `r r^-r� -&. was Mit W r• ::°-:1 —i-i , ._ _Ei o -E ill m kl ii i.: W.. WmgG^r J fV � IN g aki Et "1: ii �a" A l igli ufrw Illt?d .: ° ;TIE Oft g VII ^wig 2�0 • ,ref, W41�1 i Ilk": z tlqtlq� a Annl I Ann k� rin W = fig yi 1 - ` M—W Lild z 1677ff� 'm � _ �l�C00 11Z- 11 lig III �Y = a C ►3 f Recorded Exemption No. LEGAL DESCRIPTION The land referred to in this application is described as follows: That portion of the West Half (W1) of Section Twelve (12) , Township Three (3) North, Range Sixty-eight (68) West of the 6th P.M. , Weld County, Colorado, more particularly described as follows: Considering the South line of the Southwest Quarter (SW3) of said Section 12 as bearing North 90° 00 '00" East, and with all bearings contained herein relative thereto; Commencing at the Southwest (SW Cor) corner of said Section 12 ; Thence along the South line of the Southwest Quarter (SWk) of said Section 12, North 90°00' 00" East, 1332. 10 feet to the true point of beginning; Thence North 00°54 ' 15" East, 972 .52 feet; Thence North 60° 13 ' 10" West, 104 . 38 feet; Thence North 00° 11 ' 00" East, 287. 16 feet; Thence South 89 °49 ' 00" East, 158 . 40 feet; Thence North 14°41'45" West, 238. 86 feet; Thence North 04°09 '00" West, 101. 88 feet; Thence North 00°02 ' 45" West, 730.73 feet; Thence North 18°18 ' 48" West, 207.73 feet; Thence North 29°02 ' 35" West, 80. 18 feet; Thence North 02 ° 12 '20" East, 1598. 12 feet; Thence South 57 °29 ' 18" East (Record-South 57°24 ' East) , 1537. 55 feet; Thence South 58°30 ' 18" East (Record-South 58°25 ' East) , 126.70 feet to the North-South centerline of said Section 12 ; Thence along said centerline, South 00°42 ' 16" West, 3346. 20 feet to the South Quarter Corner (S1/2 Cor) of said Section 12 ; Thence along the South Line of the southwest Quarter (SWk) of said Section 12, South 90°00 '00" West, 1336. 30 feet to the True Point of Beginning. SURVEYOR'S CERTIFICATE I hereby certify that this plat was prepared under my supervision and that the same is correct to the best of my knowledge and belief. We, the undersigned, being the sole owners in fee of the above described property do hereby subdivide the same as shown on the attached map. The foregoing certification was acknowledged before me this _ day of , A.D., 1990. My commission expires: Notary Public: Witness my Hand and Seal The accompanying plat is accepted and approved for filing. Department of Planning Services Director The foregoing certification was acknowledged before me this _ day of , A.D., 1990. My Commission expires: Notary Public: Witness my hard and Seal o n..n!91 ,.3 v' 3:. ... Recorded Exemption #: $5 TZAR) N \ B \ ,53 SS s LOCATION: :Po.� W1/2 Sec. 12, 2., o�e T3N, R68W, Weld County, \ Colorado \ 9T \ ,, Lii \t .. to \ 6 iN O Q N N O \ z \ 100 500 1000 \ _ sv1 Scale in Feet N�g0.\e, Lot A '-\ g,g4r9 Lot 'A' 118. 1 ac N Z°'' Lot 'B' 2.0 ac TOTAL 120. 1 ac n 3 In o IA 0 3 z So c N.04'09'00"W, o 101.88' --0 N,14'41"45"W. 238.86'----tz..... ',.. 5.89'49'0' '\ Lot B '4 40' � .,. 7------ _--, LEGEND : '' i Existing Roads z ' . A Gas Wells ,,,. }2 ac m Occupied Structures C4' (ip2 oa n ® Empty Structure w e N O M Z Point of WCR 34 G _ Beginning-ff.., -� �- S.90'00'00"W. 7336.30' (--- -I 25) OCR 13 t---) REFERRAL LIST NAME: Owen Farms (c/o Arnold Turner) CASE NUMBER: RE-1289 REFERRALS SENT: July 3, 1990 REFERRALS TO BE RECEIVED BY: July 17, 1990 COUNTY TOWNS and CITIES Attorney 9-4-90 ..eina _Ault X Health Department *-5195 l "4P-� Brighton __—_ Extension Service Dacono Emergency Management Office ____Eaton Sheriff's Office __Erie _ Engineering _Evans Housing Authority _Firestone `Airport Authority _Fort Lupton Building Inspection Frederick --- ^Garden City __—_ STATE Gilcrest 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 �);Lp 90 FIRE DISTRICTS Longmont U -7 Ault F-I X Mead- � Berthoud F-2 Milliken Brighton F-3 New Raymer �Dacono F-19 _Nunn Eaton F-4 _Platteville _Fort Lupton F-5 _Severance Galetun F-6 _ Windsor Hudson F-7 Johnstown F-8 COUNTIES __—_La Salle F-9 _Adams Longmont F-l0 _Boulder ^Milliken F-11 _Larimer ^Nunn F-12 ----Pawnee Platteville F-13 FEDERAL GOVERNMENT AGENCIES Platte Valley F-14 US Army Corps of Engineers ^Poudre Valley F-15 —USDA-APHIS Veterinary Service JRaymer _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 ! _Central Colo. Water Conservancy Dist. _Greeley _Panhandle Eastern Pipe Line Co. _Longmont Tri-Area Planning Commission _West Adams COMMISSION/BOARD MEMBER i. p 4 . - L 4„1 , MEMORAnDum wiikWeld County Planning July 6, 199 To Date Environmental Protection Services COLORADO From Case Number: RE-1289 Name: Owen Farms (c/o Arnold Turner) 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 the proposed home septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 2. An I.S.D.S. Evaluation on all existing septic systems will be necessary prior to issuing the required septic permit on the existing system. WP487/cs oTpT-0-‘wr-7-- d JUL h 1990 Weld Co, OIautuitt ism Ot. 0532- q t \,J • • (� DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 91510th STREET 11 I ik. - GREELEY,COLORADO 60631 COLJorvituly J, po Mr. Arnold E. Turner 425 Coffman Longmont, CO 80501 Subject: RE-1289 Dear Mr. Turner: Your recorded exemption application is complete and in order and will be processed on or before July 23, 1990. If it is determined that the application meets the approval criteria of Section 9-2 E. (l) (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 Mead Planning Commission for its review and comments. Please call Bertina Willden at 535-4477 for further details regarding the date, time, dnd place of this meeting. It is recommended that you and/or a representative be in attendance at the Mead 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, Q eidA7Lanell J. Curry c' C(.33# Current Planner LJC:rjg enclosure ‘toytrDEPARTMENT OF PLANNING SERVICES wfiPHONE(303)356.4000,EXT.4400 915 10th STREET GREELEY,COLORADO 80831 C� COLORADO July 10, 1990 Arnold E. Turner 425 Coffman Longmont, CO 80501 Subject: RE-1289 - Request for a recorded exemption on a parcel of land described as part of the W} of Section 12, T3N, R68W of the 6th P.M. , Weld County, Colorado. Dear Mr. Turner: I have scheduled a meeting with the Board of County Commissioners on Wednesday, July 18, 1990, at 9:00 a.m. to consider your application. This meeting will take place in the County Commissioners' Bearing 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, 04'"at Lanell J. CtYr ry Current Planner pc Kenneth Kreager See 37 Margaret Mann '? Bruce and Christine Gillmore 1518 Main Street, #101 Louisville, CO 80027 P ' EEPIRDED EXEMPTION No . 12r- 12 -3 — RE 1289 - In the West Half. of Sec. i'2', T 3N, R 68W of the 6th P.M. , WELD COUNTY COLORADO •N1 coR . s -Sl: err, z..,.J �`A0 /8• s e• ki u •a)• • • - 1n Div N r v E J a - } u . •. o - IS Y 37� i • rtr`rB• �/ W ,ic "TL. e. - �e �"0, '4 r - 0 m -. 1% �..,i tit. r z 4 3 m 'J N r -A P -W 3- oa1 .' ,, h .4 • 'a ° z SCALE- 1" = 500' 3 -e-o4 sa : ' t TRACT A ,- r -}�• 3- AREA-sis.o9Ac, o icetoo�myoodc>7 12,14 1st DATE- Sept. 13, 199 :� BASIS OF BEARINGS- w 'oo',$)•riw, rt 158.40'3 = N.816.Worw, the South line of the ;e in 113,t2,1 SW'bof Sec. 12 bearing Y- o ® it N. 90°00' 00"E. ;„ TRACTB ?- d '1a *R01-2/0 0 '• a;ce•miles," c. -LEGEND- Tree it wag: J rne, a •�s3��ecdD 1: 0.4. pin and tap set lb • April 14, 1989. Nit 3 ett i ''�•� 1.1 verified by this survey u 'Q-'h"pin and cap set it, hl c April 14, 1989. Verifi h by this survey. 8 *, •-'h"pin farad April 14, 1989. Not verified sw coR. se uwt owl ,f tl. wit A ��l jD'Rhw -p.2D,Sys by this survey. N. 'roe'oo 'a 133410' S. losovioo•W i 13AL.o1 s'• �1' ieR. TPOB- True point of begimirg of tract. o- 1 , 2, 3, 4. • IL :it. 'h" pin and cap, CO. RD. 36 .1re 15, 1990, N.. en A- 118 TR. A- 118.09 Ac. s TR. B- 2.00 Ac. Sec' 12 TOTAL- 120.09 Ac. 0 u SITE VICINITY MAP SCALE- 1" = 2000' CO. RD. 34 _ R~.CORDED EXEMPTION No . 12 -7 - 12 .- 3 - RE1289 LEGAL DESCRIPTION That portion of the West Half of Section 12, Township 3 North; Range 68 West of the 6th P.M. , Weld County, Colorado, more particularly described as follows: Considering the South line of the Southwest Quarter of said Section 12 as bearing N. 90°00' 00" East, and with all bearings contained herein relative thereto: Commencing at the .Southwest corner of said Section 12; thence along the South line of the Southwest Quarter of said Section 12, North 90° 00' 00" East, 1332. 10 feet to the true point of beginning; thence North 00° 54' 15" East, 972.52 feet; thence North 60° 13' 10" West, 104.38 feet; thence North 00° 11 ' 00" East, 287.16 feet; thence South 89° 49' 00" East, 158.40 feet; thence North 14° 41 ' 45" West, 238. 86 feet; thence North 04° 09' 00" West, 101.88 feet; thence North 00° 02' 45" West, 730.73 feet; thence North 18° 18' 48" West. 207.73 feet; thence North 29° 02' 35" West, 80. 18 feet; thence North 02° 12' 20" East, 1598.12 feet; thence South 57° 29' 18" East ( Record- South 57° 24' East ) , 1537.55 feet; thence South 58° 30 18" East ( Record- South 58° 25' East ) , 126.70 feet to the North- South centerline of said Section 12; thence along said center- line, South 00° 42' 16" West, 3346.20 feet to the South Quarter corner of said Section 12; thence along the South line of the Southwest Quarter of said Section 12, South 9 ° 00' 00"West, 1336.30 feet to the true point of beginning. IQ 0 The, above described tract contains 120.09 Acres, more or less. I W.4.402_1 : Subject to a County road right of way 30 feet of even width along the entire South sidle of the above described tract. Subject to any other rights of way or other easements as described by Instrum- ..,,,.%,•ecord or as now existing on said described tract. Pr\-t"fq0-�` , SURVEYOR'S CERTIFICATE ; Qc Fo�9 P} 11682 1,1 I hereby certify that this plat was prepared by me and that i e A: the same is correct to the best of my knowledge and belief. ,'y G�`0_ ALLEN L. ROYER LSk 1 A:'"` We, the undersigned, being the sole owners in fee of the above described property, do hereby subdivide the same as shown on the attached map. We further di the easements as shown hereon for the purposes shown. fricinciculf BRUCE GILLMORE CHRISTINE GILLMORE KENNETH L. EAR AGER MARGARET E. MANN The foregoing certification was acknowledged before me this iMday of�ji ��,;� f ,) My commission expires: �j ;4:1-- ;%1-23 , /' S f A.D. , 19 /Z Notary Public: - iv/r,� Witness my hand and seal The a ompanying plat is accepted and approved for filing. 4 1 Ata.t., {s ti Chairman of the Board of County Commissioners it f . . LLL•••.SLSLSJJJJ33I/I/I// ATTEST: / � 1,7 M e CL r7 �(erk to he oord P �/e7*-ru :Jr ✓ 7f�.� ed..) Dated: 772.Q/ 7 0 Hello