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Home My WebLink About941163.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND FINAL PLAT SUBDIVISION (RANGEVIEW RANCHES) - MIKE AND PAM GUTTERSEN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 23rd day of November, 1994,.at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Mike and Pam Guttersen, 26780 Weld County Road 36, LaSalle, Colorado 80645, for a Site Specific Development Plan and Final Plat Subdivision (Rangeview Ranches) on the following described real estate, to-wit: Part of the SW 1/4 of Section 21, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado WHEREAS, Mike Guttersen, applicant, was present, and WHEREAS, Section 4.5.16 of the Weld County Subdivision Ordinance provides standards for review of said Final Plat Subdivision, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 4.4 of the Weld County Subdivision Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 4.5.16 of the Weld County Subdivision Ordinance including specifically: a. The proposed Final Plat is consistent with the Weld County Comprehensive Plan, is consistent with the E (Estate)Zone District, and is consistent with the plans of affected municipalities. In a referral response dated November 11, 1994, a representative for the Town of Kersey indicated that they have reviewed the request and found no conflict with its interests. b. Comments received from referral agencies are addressed in the Conditions of Approval. 941163 SUBD ,,f ; PC; Hi urarsen; Sfenci FINAL PLAT SUBDIVISION (RANGEVIEW RANCHES) - GUTTERSEN PAGE 2 c. Definite provisions have been made for a water supply that is sufficient in terms of quantity, dependability, and quality to provide water for the subdivision, including fire protection. Central Weld County Water District will provide water service to the subdivision, including four fire hydrants by a six- inch water line. The cost for installation of the water line and fire hydrants is included in the improvements agreement submitted with this application. d. Septic systems are proposed for the sewage proposal. The Weld County Health Department reviewed the application including the soils information and found no conflicts with its interests. e. Off-site roads providing access to the subdivision and streets within the subdivision are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the subdivision. The Weld County Public Works Department reviewed the application including the improvements agreement and found no conflicts. f. The subdivision does not appear to cause an unreasonable burden on the ability of local governments or districts to provide fire and police protection, hospital, solid waste disposal, and other services. Referral agencies responding indicated no concerns. g. The subdivision will not cause air pollution violations based on Colorado Department of Health Standards. The Weld County Health Department reviewed the application and found no conflicts with its interests. h. The subdivision conforms to the subdivision design standards of Section 10 of the Weld County Subdivision Ordinance. The subdivision does not appear to have an undue adverse effect on wildlife, its habitat, the preservation of prime agricultural land, and historical sites. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Mike and Pam Guttersen for a Site Specific Development Plan and Final Plat Subdivision (Rangeview Ranches) on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. Prior to recording the Final Plat, the Board of shall approve the subdivision improvements agreement and the form of collateral. The security for the agreement shall be tendered and accepted by the Board for the subdivision improvements agreement. 941163 SUBD FINAL PLAT SUBDIVISION (RANGEVIEW RANCHES) - GUTTERSEN PAGE 3 2. Prior to recording the Final Plat, the following notes shall be placed on the plat: a. Uses within the Final Plat consist of E (Estate) uses listed in the Weld County Zoning Ordinance. b. Approval of this Final Plat may create a vested property right pursuant to Section 17 of the Weld County Subdivision Ordinance. c. All streets within the subdivision are private and shall be built to County standards and shall be maintained by the homeowners association, lot owners, and/or developer. d. Installation of utilities shall comply with section 10.20 (Underground Utilities) of the Weld County Subdivision Ordinance. e. Central Weld County Water District shall provide domestic water to the subdivision. f. Sewer service is to be provided by individual sewage disposal systems approved by the Weld County Health Department. g. Any excavation or placement of dredged or fill material, either temporary or permanent, into any wetlands within the subdivision, shall require the approval of the Army Corps of Engineers permit pursuant to Section 404 of the Clean Water Act. 3. Prior to recording the Final Plat, the applicant shall: a. Amend the plat to show the Emergency Access, Drainage and Utility Easement being 50 feet wide rather than 30 feet wide. The Emergency Access, Drainage and Utility Easement shall be dedicated for public use, to be open for such use at such time as development occurs on property adjacent to and north of Lots 4 and 5, or at such time as 5th Street is developed for public use. b. Amend the plat to show the road from Rangeview Drive north to 5th Street with a minimum of two 10-foot drive lanes and an emergency access "bump gate" on said road. The improvements agreement shall include the installation of said emergency access bump gate and the construction of the emergency access road with the two 10-foot drive lanes. c. Attach to the plat the "right-to-farm" information as suggested by the applicant. 941163 SUBD FINAL PLAT SUBDIVISION (RANGEVIEW RANCHES) - GUTTERSEN PAGE 4 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of November, A.D., 1994. /� f //L"" BOARD OF COUNTY COMMISSIONERS ATTEST: , % WELD COUNTY, ,COLO)RADO Weld County Clerk to the Board W. H. Webster, hai an BY:�i1�frL Z Deputy Clerk to the Board— .1 Dale Hall, Pro-Te APP VED AS TO FORM: r • eo5ge . Baxter ((�� i/it \ (12 -22 ri ltd-e l . ounty Attorr/ey 4 ' Constance L. Harbert EXCUSED Barbara J. Kirkmeyer 941163 SUBD • - • HEARING CERTIFICATION DOCKET NO. 94-80 RE: SITE SPECIFIC DEVELOPMENT PLAN AND FINAL PLAT SUBDIVISION (RANGEVIEW RANCHES) - MIKE AND PAM GUTTERSEN A public hearing was conducted on November 23, 1994, at 10:00 a.m., with the following present: Commissioner W. H. Webster, Chairman Commissioner Dale K. Hall, Pro-Tem Commissioner George E. Baxter Commissioner Constance L. Harbert Commissioner Barbara J. Kirkmeyer- EXCUSED Also present: Acting Clerk to the Board, Shelly Miller County Attorney, Bruce Barker Planning Department representative, Keith Schuett The following business was transacted: I hereby certify that pursuant to a notice dated October 31, 1994, and duly published November 10, 1994, in the Windsor Beacon, a public hearing was conducted to consider the request of Mike and Pam Guttersen for a Site Specific Development Plan and Final Plat Subdivision (Rangeview Ranches). Bruce Barker, County Attorney, made this a matter of record. Keith Schuett, Planning Department representative, entered the favorable recommendation of the Planning staff into the record as written and noted this request is for a 13-lot subdivision in the E (Estate) Zone District. Mike Guttersen, applicant, was present and stated all concerns of Planning and the Board have been addressed. Discussion ensued concerning the connection of the northerly road to proposed 5th Street, and Mr. Guttersen stated an emergency access has been completed and is shown on the plat; however, he prefers to maintain the access for emergencies only and not as a through road to the proposed subdivision. Commissioner Harbert said an emergency access is adequate now, but she wants the roadway opened and the gate removed when 5th Street is developed. Mr. Schuett suggested the word "emergency" be removed from Condition of Approval #3. Commissioner Hall agreed the roadway should be linked with the Town of Kersey when further development occurs. Mr. Guttersen stated the access is 50-feet wide all the way to Rangeview Drive and noted the Town of Kersey agreed the gate should be in place for the emergency access. He also noted the proposed adjacent subdivision has been platted for 15 years and is currently empty ground which is being used as a dump. He clarified he agrees to negotiate maintenance on the road when and if the subdivision and 5th Street are developed. Further discussion followed concerning the emergency access, and Mr. Schuett read proposed revised language for Condition of Approval #3 and noted an improvements agreement has been negotiated. Specifics of the road construction and collateral were discussed, and Mr. Barker suggested the applicant purchase and install "emergency access only" signs. Mr. Guttersen clarified he is not interested in providing collateral; he prefers to meet the needs of the Board and the Town of Kersey by designing the road as desired, even though it will be an economic burden. Commissioner Hall noted a letter of credit has already been provided and suggest the roadway be constructed to match Rangeview Drive. Mr. Guttersen stated if the gate is opened, he would negotiate shared maintenance and agreed to construct the road with an emergency gate at the north end. Commissioner Hall further clarified if Mr. Guttersen prefers to leave the access as is and construct the roadway when further development occurs, an obligation from the applicant must be required. Mr. Guttersen noted the Town of Kersey and the Planning staff approved the proposal without the road installed. Commissioner Hall stated his observation was that the Town of Kersey desires a connection in the area. Kevin Chestnut, surrounding property owner, questioned if the"right-to-farm" act would be included in the covenants as discussed at the last hearing. Mr. Barker explained there is a current Colorado statute which provides nuisance action protection to existing farm operations when a new use is developed nearby. Mr. Chestnut stated various concerns, and Mr. Barker clarified it is not the Board's responsibility to stop criminal activity; however, some protection is provided by said statute. Commissioner Baxter suggested Mr. Chestnut provide "no trespassing" and "high voltage" signs to help defend himself. Les McKay, proposed lot purchaser, stated he supports the project and does not 941163 SUBD fie. PL • st " • RE: HEARING CERTIFICATION - GUTTERSEN PAGE 2 anticipate his children being a nuisance. Mr. Guttersen addressed Mr. Chestnut's concerns and stated a cover letter will be provided on the plat advising proposed purchasers that neighboring properties are agricultural and will continue to be so. He explained Larry Intermill, Intermill Land Surveying, had to leave town inadvertently; therefore, he is not as organized as planned. With the assistance of Mr. Schuett, Mr. Guttersen located and read the proposed statement which will be completed and attached to the plat. He reiterated he does not want to infringe on anyone's rights. (Changed to Tape#94-46.) Discussion again ensued concerning the specifics of the emergency access and the proposed road and the options for collateral. Mr. Schuett explained portions of collateral may be released as improvements are completed and a letter of credit is acceptable. Mr. Guttersen stated the road plans are engineer designed and very involved and would be costly to change. After further discussion, Mr. Schuett read suggested language into the record requiring an improvements agreement, which includes 10-foot drive lanes, and recommended said language be added to Condition of Approval #3. Mr. Barker suggested the language on the cover sheet be submitted to and approved by the County Attorney prior to recording the plat. Commissioner Hall stated the applicant has assured the information will be put on the plat and will provide adequate protection; therefore, said language does not need to be provided to the County Attorney. After further discussion, Mr. Schuett confirmed the right-to-farm information would be attached to the plat, and questioned what type of access gate is proposed. Mr. Guttersen stated an emergency bump gate, as suggested by Commissioner Harbert, would work best for all interested parties. Mr. Schuett suggested the type of gate also be included in the Condition of Approval concerning the improvements agreement. Mr. Guttersen confirmed all Conditions of Approval are agreeable. Commissioner Hall moved to approve the request of Mike and Pam Guttersen for a Site Specific Development Plan and Final Plat Subdivision (Rangeview Ranches), based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval as entered into the record and as amended by staff. The motion was seconded by Commissioner Baxter, and it carried unanimously. This Certification was approved on the 28th day of November, 1994. n n / /I APPROVED: ATTEST! / DO/1J;,�// I BOARD OF COUNTY COMMISSIONERS ��/666OOOrr44/ (y 777/// WELD COUNTY, COLORADO Weld County Clerk to th Board 1 a fro By.�.4 �2 � W. H. Webster, C;r1 lrman / De Deputy CI`¢ e Boar�'`� t P Y �'�C� Dale K Hall Pro T m i TAPE #9445 AND #94-46 d/ eorge E. axter DOCKET #94-80 Constance L. Harbert SUBD EXCUSED Barbara J. Kirkmeyer 941163 SUBD • ATTENDANCE {9 RECORD HEARINGS ARE AS FOLLOWS ON THIS 3r-4 DAY OF `flolthllIU1J1994: DOCKET If 4y - 0o — •3#31.06 #t J8 (. 4-41'r`--- DOCKET If DOCKET I/ DOCKET // PLEASE write or print your name legibly, your address and the DOCKET 0 (as listed above) or the name of the applicant of the hearing you are attending. NAME ADDRESS HEARING ATTENDING Tr 4crm:1\ ls'.cxLSs)e vty;.N, C)+eve. I4aMLe,I 1301 r-i . (A.Q,uukrncl. G.,-I-1-e(burl C'`; zaK,Eck 2Sssf°S S �9 '-.tC ,c.L C%. IL‘r ->,.2 WU Ate`' t-fe. L � � � �7SOck4:36 GEC 1, „<ec.� 941163 • • NOTICE The Board of County Commissioners of Weld County, Colorado, on November 23, 1994, conditionally approved a Site Specific Development Plan and Final Plat Subdivision for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended, for a period of three years. APPLICANT: Mike and Pam Guttersen 26780 Weld County Road 36 LaSalle, Colorado 80645 LEGAL DESCRIPTION: Part of the SW 1/4 of Section 21, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: Final Plat Subdivision - Rangeview Ranches SIZE OF PARCEL: 86.74 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN CLERK TO THE BOARD BY: SHELLY K. MILLER DEPUTY CLERK TO THE BOARD PUBLISHED: December 1, 1994, in the Windsor Beacon 941163 • • AFFIDAVIT OF PUBLICATION STATE OF COLORADO ss COUNTY OF WELD ol. - t9 I, ROGER A. LIPKER, of said County of Weld, being duly e sworn,say that I am publisher of WINDSOR BEACON ?moda weekly newspaper having a general circulation in said ....+A+IrMo County and State, published in the town of WINDSOR, in said County and State; and that the notice, of which the annexed�'s a true copy, has been published in said weekly yP for / successive weeks, that the notice was Me published in the regular and entire issue of every number of ,. the paper during the period and time of publication, and in the newspaper proper and not in a supplement, and that the first publication of said notice was in said paper bearing yt he date of the k " ,)h day of .4 AD., 19 q and the I last publication bearing the date of the _day of AD., 19_ and that the said WINDSOR BEACON has been published a continuously and uninterruptedly for the period of 5 a r consecutive weeks, in said County and State, prior to the ears date of first publication of said notice, and the same is a mica:w, newspaper within the meaning of an Act to regulate printing .raw W N Wsn raw legal notices and advertisements, approved May 18, a.ppm r r 1931,and all prior acts so far as in force. ws Gine Wof couKrY can //i couRrv;caauuajt-A ISHER aNDONALD D.WARDER / SW TO THE BOARD Su4scribed sworn to be me this/ � day of BY.SHELLY K.MILLER //�� YY .. DEPUTY CLERK TO le BOARD /,�Q.71 i .C!/l/"1 NOTARY PUBLIC My commission expires .z i / 9 941 941163 • NOTICE Pursuant to the laws of the State of Colorado and the Weld County Subdivision Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Final Plat Subdivision are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO: 94-80 APPLICANT Mike and Pam Guttersen 26780 Weld County Road 36 LaSalle, Colorado 80645 DATE: November 23, 1994 TIME: 10:00 a.m. REQUEST: Site Specific Development Plan and Final Plat Subdivision - Rangeview Ranches LEGAL DESCRIPTION: Part of the SW 1/4 of Section 21, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado LOCATION: South of and adjacent to the Town of Kersey; east of and adjacent to Weld County Road 53 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: SHELLY K. MILLER DEPUTY CLERK TO THE BOARD DATED: October 31, 1994 PUBLISHED: November 10, 1994, in the Windsor Beacon 941163 C) -vdoi--E- II 0 - massAFFIDAVIT OF PUBLICATION =mart. STATE OF COLORADO hewing hi held In tie Mathew a tsSoal Co.m%r SS ComColon Wald a°a''m bh''� COUNTY OF WELD Ca..nnIM Q.nnr, nS 10h Shut Fla Row, Colorado,a r"an' I, ROGER A. LIPKER, of said County of Weld, being duly N pnae In any manner h.n Wed in it. Reel Plat sworn,say that I am publisher of Stedvision we requested Ym aid may be hewnb emw the aarwaw any kWh WINDSOR BEACON end p.ry d.Y.M pun .fa Wet MMaker to m . record bare t he Shed e a weekly newspaper having a general circulation in said With S be Ia t during to. County and State, published in the town of WINDSOR, in hawks the Owk MWeed to to the Sam scion at least a.d priorto said County and State; and that the notice, of which the the haemg. The amt of angst annexed is a true copy, has been published in said weekly Ind'canmar MSS borne for / successive weeks, that the notice was Ws aWnnne pally BE IT LSO KNOWN published in the regular and entire issue of every number of and aw so cerldied by Pm the paper during the period and time of publication, and in Weld County Planning Commission ow h...mnedn the newspaper proper and not in a supplement, and that the al Cam Commieslonethea, the first publication of said notice was in said paper bearing located n dal Woad County N the date of the Street, Third Center, 915 d of ceaed. �( ay c�� A.D., 19 �/ and the last publication bearing the date of the DOCKET NO:°r°° _day of , A.D., 19_ and that APPLICANT: Mks caum.macam,aa� 760 Weld nC„m Pam the said WINDSOR BEACON has been published Road 36, Lasalle, Colorado continuously and uninterruptedly for the period of $ 80645 DATE 23 consecutive weeks, in said County and State, prior to the :November1994 date of first publication n1 said notice, and the same is a THE tp:ppa.m. newspaper within the meaning of an Act to regulate printing REQUEST: Final Plat Subdivision_Rangevyw of legal notices and advertisements, approved May 18, 1931,,dit-.A. and all prior ads so far as in force. LEON DESCRIPTION:6th P.M van al d ll� L.tthe SW 11/4 et Secton 21,andsCs C rw, Nrole _lOGTgN:soap a.na e4- &I S ISHER n the cootTown of Kern east d as Sent SLINK Ccuay RainSubscribed and sworn to before me this / day of �z arro fYss 19_22_oaaMMo_ �4 VC �Z�-Yx-m,o NOTARY PUBLIC EIT: *WIK My commission expires 9-vie,/ 2, /947 ,, MILDEPUTY ma TO me o 941163 e CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #94-80, was placed in the United States mail, first class mail, postage prepaid, addressed to the following property owners. DATED this not — day of-no inklejli , 1994. LINDA MCCARTHY MIKE AND PAM GUTTERSEN P.O. BOX 484 26780 WELD COUNTY ROAD 36 KERSEY, CO 80644-0484 LASALLE, CO 80645 LESLIE AND EVA WERNER STEVE STENCEL, PROJECT COORDINATOR 737 3RD STREET COURT INTERMILL LAND SURVEYING P.O. BOX 135 1301 NORTH CLEVELAND AVENUE KERSEY, CO 80644 LOVELAND, CO 80537 L. GAIL TRIPLETT BENSON MINERAL GROUP 743 3RD STREET COURT 1560 BROADWAY, SUITE 1900 KERSEY, CO 80644 DENVER, CO 80202 SCOTT AND KATHRYN JONES JOHN R. WALLACE, JAMES D. BROWNLIE, P.O. BOX 575 CHARLES B. GREENE, AND KERSEY, CO 80644-0575 KENNETH BREITENBACH 718 17TH STREET, SUITE 808 LEOBARDO AND MARIA HARO DENVER, CO 80202 P.O. BOX 602 KERSEY, CO 80644-0602 P AND P HOLDINGS, INC. 600 WEST ILLINOIS, SUITE 103 KEITH AND MARTHA COSSON MIDLAND, TX 79701 P.O. BOX 611 KERSEY, CO 80644-0611 MARY AND KEVIN CHESTNUT 27275 WELD COUNTY ROAD 52 JEFFREY TIELL KERSEY, CO 80644 P.O. BOX 526 KERSEY, CO 80644 ROLAND WELLS 9100 ROGERS ROAD LARRY AND KELLY BRANDLY LONGMONT, CO 80503 P.O. BOX 123 KERSEY, CO 80644 MANUEL AND PRAJEDES EGGERT C/O WILBUR EGGERT EDWARD AND SHELIA STEFFENS 2810 LAKE VALLEY DRIVE P.O. BOX 455 GARLAND, TX 75040 KERSEY, CO 80644 WILLIAM AND ELVA MCINTOSH MARIAN SCHELLER 800 SOUTH 1ST STREET, #23 P.O. BOX 86 KERSEY, CO 80644 KERSEY, CO 80644 CHRISTOPHER AND AMY SMITH COLVIN HANSCOME 725 3RD STREET COURT 26174 WELD COUNTY ROAD 42 KERSEY, CO 80644 KERSEY, CO 80644 941163 • CERTIFICATE OF MAILING - GUTTERSEN PAGE 2 JAMES BALADEZ TOWN OF KERSEY 754 2ND STREET COURT KERSEY, CO 80644 KERSEY, CO 80644 PABLO AND VIRGINIA RODRIGUEZ JOYCE MILLER 25970 SANDY KNOLLS BOULEVARD 713 2ND STREET COURT P.O. BOX 543 KERSEY, CO 80644 KERSEY, CO 80644-0543 CHARLES CASSELMAN WALTER AND MILDRED SCHLAGEL P.O. BOX 41 26256 SANDY KNOLLS PLACE 719 2ND STREET COURT KERSEY, CO 80644 KERSEY, CO 80644-0041 WILLIAM AND EVA SHEETS RICHARD AND KAREN SCHWARTZ 26421 WELD COUNTY ROAD 53 P.O. BOX 554 P.O. BOX 58 KERSEY, CO 80644 KERSEY, CO 80644 JOYCE AND GARY MOUNT HELEN GUFFY 731 2ND STREET COURT 25933 SANDY KNOLLS BOULEVARD P.O. BOX 74 P.O. BOX 403 KERSEY, CO 80644-0074 KERSEY, CO 80644-0403 DARWIN BRUG E. RICHARD AND LINDA CHURCHHILL 25893 SANDY KNOLLS BOULEVARD 25890 WELD COUNTY ROAD 53 KERSEY, CO 80644 KERSEY, CO 80644 ALAN CHITTENDEN GEORGE AND JENNYRAE OTTENHOFF 743 2ND STREET COURT 25957 WELD COUNTY ROAD 53 P.O. BOX 382 KERSEY, CO 80644 KERSEY, CO 80644-0382 REATHA AND LEO BRUG JAMES AND JOYCE HENDRICKS 25893 SANDY KNOLLS BOULEVARD 749 2ND STREET COURT KERSEY, CO 80644 P.O. BOX 66 KERSEY, CO 80644-0066 JANICE WARNER 761 2ND STREET COURT NICHOLAS AND DEBBIE BISCEGLIA KERSEY, CO 80644 P.O. BOX 321 KERSEY, CO 80644-0321 RANDY AND JUDINE FRIESS P.O. BOX 211 ROBERT AND BARBARA HOFF KERSEY, CO 80644 25654 SANDY KNOLLS BOULEVARD KERSEY, CO 80644 LINDA WILGAR P.O. BOX 618 KERSEY COMMUNITY CHURCH KERSEY, CO 80644 P.O. BOX 158 KERSEY, CO 80644 JOHN AND LINDA PFLEIDERERA_ k-)b t Ii/A-725900 SANDY KNOLLS BOULEVARD Deputy C1e to the Board KERSEY, CO 80644 941163 • • FINAL PLAT SUBDIVISION APPLICATION Department of Planning Services - Weld County Administrative Offices 1400 N. 17th Avenue, Greeley, Colorado Phone: 353-3845, Ext. 3540 FOR PLANNING DEPARTMENT USE ONLY: CASE NO. APPLICATION FEE ZONING DISTRICT RECEIPT NO. DATE RECORDING FEE APPLICATION CHECKED BY RECEIPT NO. TO BE COMPLETED BY APPLICANT: (Print or type only except for required Signatures) I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning proposed subdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: See attached legal (If additional space is required, attach an additional sheet of this same size.) NAME OF PROPOSED SUBDIVISION Rangeview Ranches EXISTING ZONING Estate NO. OF PROPOSED LOTS 13 TOTAL AREA (ACRES) 86 .74± LOT SIZE: AVERAGE 6 ..67±MINIMUM 4 .45± UTILITY COMPANIES: WATER Central Weld County a er District SEWER On-lot septic GAS Pending ELECTRIC Poudre Valley REA PHONE US West DISTRICTS: SCHOOL Platte Valley School District #7 FIRE Platte Valley Fire District FEE OWNER OF AREA PROPOSED FOR SUBDIVISION NAME Mike and Pam Guttersen PHONE 784-6241 ADDRESS 26780 WCR 36 LaSalle, CO 80645 NAME PHONE ADDRESS APPLICANT OR AUTHORIZED AGENT (if different than above) NAME ADDRESS HOME TELEPHONE (/ BUSINESS TELEPHONE # I hereby depose and state under the penalties of perjury that all statements proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO) Lid Signatur�ee: • Ser or Authorized Agent; Subscribed and sworn to before me this L day of S79.9/- 19 . '`AY('''pul4f N Y PUBLIC My commission expires _I �•,. .�'„':; ' Inttmill Land Surveffng -Reglsfored In Colorado&Wyoming 'e - 1301 N. Cleveland Ave. Loveland, Colorado 80537 ` (303) 669-05161 .��ri PROPERTY bESCRIPTION: A parcel of land located in the Southwest Quarter of Section 21 , Township 5 North, Range 64 West of the 6th P.M. , in the County of Weld, State of Colorado being more particularly described as follows : Considering the West line of the Southwest Quarter of said Section 21 as bearing North 00°06 ' 35"West and with all bearings contained herein relative thereto: Beginning at the Northwest corner of the Southwest Quarter of said Section 21 ; thence along the West line of said. Southwest Quarter South 00°06 ' 35" East 1150 .62 feet to the Southwest corner of Elder Second Addition to the Town of Kersey, Colorado as recorded in Book 645 at Reception No. 1567017 records of said County; said Southwest corner being the TRUE POINT OF BEGINNING; thence along the South line of said Elder Second Addition North 89°55 ' 50" East 794 . 12 feet to the Northwest corner of that certain parcel of land as described in deed recorded in Book 824 at Reception No. 1746422 records of said County; thence along the Westerly, Southerly and Easterly lines of said Book 824 at Reception No. 1746422 the following 3 courses and distances: South 01 °04 ' 10" East 300 .00 feet; North 89°55 ' 50" East 580 .80 feet; North 01 °04 ' 10" West 300 .00 feet to a point on the Southerly line of Elder First Addition to the Town of Kersey, Colorado as recorded in Book 645 at Reception Number 1567016 records of said County; thence along the Southerly line and Easterly prolongation of said Southerly line of said Elder First Addition North 89°55 ' 50" East 1287 .63 feet to a point on the East line of said Southwest Quarter; thence along said East line South 00°28 ' 03" East 1468. 18 feet to the Southeast corner of said Southwest Quarter; thence along the South line of said Southwest Quarter South 89°20 ' 13" West 2671 .84 feet to the Southwest corner of said Southwest Quarter; thence along the West line of said Southwest Quarter North 00°06 ' 35" West 1495 .83 feet to the TRUE POINT OF BEGINNING. Said parcel contains 86 .74 Acres, more or less , and is subject to all existing easements and/or rights of way of record. 9411S3 DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT. 354( WELD COUNTY ADMINISTRATIVE OFFICES 140O GREELEY, N. ORA O8 UE 63' COLORADO 8063' COLORADO October 24, 1994 Mike and Pam Guttersen 26780 Weld County Road 36 La Salle, CO 80645 Subject: S-365 Request for approval of a Final Plat for a Subdivision in the E (Estate) zone district on a parcel of land described as part of the SW4 of Section 21, T5N, R64W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Guttersen: Your application and related materials for the request described above is scheduled for a meeting with the Weld County Commissioners' for Wednesday November 23, 1994 at 10:00 a.m. This meeting will take place in the Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. In addition, I have scheduled a meeting with the Weld County Utilities Advisory Committee for Thursday, November 10, 1994 at 10:00 a.m. This meeting will take place in the Weld County Administrative Offices, 1400 N. 17th Avenue, Greeley, Colorado. 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 Kersey Planning Commission for its review and comments. Please call Marlene Hookom, at 353- 1681 for information regarding the date, time and place of the meeting and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. Sometime prior to November 20, 1994, a representative from the Department of Planning Services will be out to the property to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property under consideration is not adjacent to a publicly maintained road right-of- way, one sign will be posted in the most prominent place on the property and post a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. Ex hi bit C 9411(63 a Mike and Pam Guttersen Case: S-365 Page 2 The Department of Planning Services' staff will make a recommendation concerning this application to the Weld 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 hearing to obtain a copy of the recommendation. If you have any questions concerning this matter, please feel free to call me. Sincerely, eith Schue Current Planner II pc: Intermill Land Surveying • 941163 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Mike and Pam Gutterson Case Number: S-365 Prior to Hearing 1. Application 41 pages X 2. Application plat of 5 page X 3. DPS referral summary sheet and letter X 4. DPS letter to applicant X 5. DPS Recommendation X 6. Two DPS Maps Prepared by Planning Technician X 7. Clerk to the Board Notice of Hearing X 8. DPS Case File Summary Sheet X 9. DPS Field Check X 10. Referral response Dated 11-14-1994 from the Town of Kersey X 11. Referral Response Dated 11-4-1994 from Weld County Environmental Protection Service X 12. Memorandum dated 10-26-1994 from Weld County Public Works X 13. Letter dated 11-1-1994 From The Army Corps of Engineers X 14. Referral response dated 10-24-1994 from the Weld County Sheriff X 15. Referral response dated 10-26-1994 from the West Greeley Soil Conservation District X 16. Utility Board Agenda X I hereby certify that the 16 items identified herein were submitted to the Department of Planning Services prior to the scheduled Board of County Commissioners hearing. I further certify that these items were forwarded to the Clerk to the Board's office on November 18, 1994. nh A.Schuett,Current Planner II STATE OF COLORADO ) T hCOUNTY OF WELD BSQ UBED AND SWORN TO BEFORE ME THIS Itc‘1% Day of %Rolla& 1994. CAULC1L Pl) ^ 9✓ M1' are, ' ! NOTAR BLI I. M�Commission Expires Revised November 18,1994 941163 ck h i hi-F-h • STATE OF COLORADO COLORADO GEOLOGICAL SURVEY Division of Minerals and Geology Departm N1313 Shent ofrman re Resources 715 1313 Sherman Street,Room 715 Denver,Colorado 80203Ilira Phone(303)866-2611 FAX(303)866-2461 A n DEPARTMENT ,c ,aq NATURE RESOURC Roy Romer Governor lames 5.Lochhead Executive Director Michael B.Long Division Director November 17, 1994 WE-95-0010 Vicki Cowan State Geologist and Director Mr. Keith Schuett, Current Planner II Weld County Department of Planning Services 1400 North 17th Avenue Greeley, Colorado 80631 Re: Proposed Final Plat for the Gutterson Subdivision Dear Mr. Schuett: At your request,we have reviewed the additional materials submitted for and made another field inspection of the site of the proposed subdivision referenced above. The following comments summarize our findings. As you know,we have reviewed this proposal before when the proposed plat was essentially identical to this one (please see our review comments in our letters of December 6, 1993, July 1, 1994). Consequently our recommendations remain the same, and as a result,we have no geology-related objection to your approval of the final plat as now proposed. Sincerely, . es M. Soule Engineering Geologist ends. = i'- 01 � If �J \ �+ .1310 Z J c kNOV 0 a 1994 �31nnninn 941163 41 STATE OF COLORADO COLORADO GEOLOGICAL SURVEY Division of Minerals and Geology Department f1313 , Resources 715 1313 Sherman Street,Room 7I5 D Denver,Colorado 80203 IPlacj Phone 1303)866-2611 Friekva FAX(300 3)866-2461 DEPARTMENT NATUR RESOURC Roy Romer Governor JulyJul 1, 1994 WE-94-0024 lames S.Lochhead Executive Director Michael B.Long Division Director Mr. Greg Thompson Vicki Cowan P State Geologist Weld County Department of Planning Services and Director 1400 North 17th Avenue Greeley, Colorado 80631 Re: Proposed Guttersen Subdivision (aka Rangeview Ranches) -- Contiguous to and South • of Kersey, Weld County Dear Mr. Thompson: At your request, we have revisited the site of and reviewed the newly submitted materials for the proposed residential subdivision referenced above. You will recall that we reviewed this proposal (as a rezoning) last December (our case WE-94-0008); a copy of our correspondence issued to you then is attached. Our only additional comments are that we concur with the Foundation and Soils Engineering, Inc., report that the extreme southeast part of the parcel has a shallow ground- water table and probably is subject to shallow flooding and that a radioactive soil gas (radon) survey of the property should be made. All of our previous comments still apply, but we had the advantage at this time of seeing the parcel without snow cover. The proposed lot sizes and layout appear to be reasonable considering site geologic conditions and locations of other improvements (gas wells, their related equipment, and access roads). Sincerely, [ , 114 es M. Soule ngineering Geologist • end. 941163 • • STATE OF COLORADO COLORADO GEOLOGICAL SURVEY z.Fof.&Ito Division of Minerals and Geology Nc • • 47I • Department of Natural Resources • • »' 1 31 3 Sherman Street, Rm. 715 •1876• Denver,Colorado 80203 Phone(303)866-2611 - Roy Romer FAX(303)866-2461 Governor Ken Salazar Executive Director Michael B.Long Division Director Vicki Cowart State Geologist and Director December 6, 1993 WE-94-0008 Mr. Greg Thompson Weld County Department of Planning Services 1400 North 17th Avenue Greeley, Colorado 80631 Re: Proposed Guttersen Subdivision -- Contiguous to and south of Kersey, Weld County Dear Mr. Thompson: At your request and in accordance with S.B. 35 (1972), we have reviewed the materials submitted for and made a field inspection on November 15, 1993, of the site of the proposed residential subdivision referenced above. The following comments summarize our findings. Generally, we have no geology-related objections whatsover to the proposal as planned. However, some precautions related to soils and drainage conditions should be considered. The sandy soils that underlie the site are prone to settlement if heavily loaded. We therefore recommend that each building site have a soils and foundation investigation conducted by a qualified soils and foundation engineer. He should collaborate with the architect(s) for the individual houses and then select the most appropriate foundation design(s) for the them. These sandy soils are mostly free draining. Where low permeability clayey zones, if any, are encountered at depth, it is likely that a perched-water-table condition could exist of form after subdivision completion. The existing mobile home park immediately to the north of this area exhibits relatively poor surface drainage and could contribute to surface and subsurface drainage problems in the new subdivision. We recommend that a qualified drainage engineer study both parcels and then design a drainage-control plan which will be adequate to ensure reasonable drainage control in the new subdivision and in the mobile- home park. 941163 • • Mr. Greg Thompson December 6, 1993 Page 2 It is not shown in the submitted materials how access to the three existing oil wells on the property is to be maintained. It appears as if it will be possible to do this considering the sizes of the lots, but potential lot purchasers should be aware of the mineral-estate owners' rights to access and exploit their resources. Leakage from the Latham Ditch may contribute to shallow ground-water table(s) in the subdivision. If this condition proves to be especially troublesome in the future, then it may prove prudent to minimize leakage effects. There was about 5 in. of snow cover at the time of site visit. I will revisit the parcel as soon as possible when snow depth is less for a reevaluation of our present recommendations. Some of our comments are based, in part, on prior experiences in the area. Sincerely, mesM.Soule mes M. . Engineering Geologist 941163 2/ LANIDII TNVENIOKY CONTROL SIIEET Case: �5 - ph Mt J1 112� I $ Paw, • Exhibit nn Submitted By Exhibit Description tisi B. ercLUZ tD 86aM.a. Mt/to 0l), E. F. G. H. I. J. K. L. M. N. 0. P. Q. R. S. T. U. V. W. X. Y. Z. 941163 CASE NUMBER: S-365 NAME: Mike and Pam Gutterson ADDRESS: 26780 Weld County Road 36 La Salle, Colorado 80645 REQUEST: A Final Plat and a Site Specific Development Plan for a 13 lot subdivision in the E(Estate) zone district LEGAL DESCRIPTION: Part of the SW'/4 of section 21, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado LOCATION: South of and adjacent to the Town of Kersey; east of and adjacent to Weld County Road 53. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 7.1 of the Weld County Subdivision Ordinance. 2. The Final Plat application is in conformance with Section 7.3.2 of the Weld County Subdivision Ordinance as follows: The proposed Final Plat is consistent with the Weld County Comprehensive Plan, is consistent with the E (Estate)Zone District, and is consistent with the plans of effected municipalities. In a referral response dated November 11, 1994, a representative for the Town of Kersey indicated that they have reviewed the request and found no conflict with its interests. Comments received from referral agencies are addressed in the conditions of approval. Definite provisions have been made for the water supply that is sufficient in terms of quantity, dependability, and quality to provide water for the subdivision including fire protection. Central Weld County Water District will provide water service to the subdivision, including four fire hydrants by a six inch water line. The cost for installation of the water line and fire hydrants are included in the improvements agreement submitted with this application. Septic systems are proposed for the sewage proposal. The Weld County Health Department reviewed the application including the soils information and found no conflicts with its interests. �xNIS,T tit 3. Prior to recording the final plat, the applicant shall: a. Amend the plat to show the Emergency Access, Drainage and Utility Easement being 50 feet wide rather than 30 feet wide. The Emergency Access, Drainage and Utility Easement shall be dedicated for public use, to be open for such use at such time as development occurs on property adjacent to and north of Lots 4 and 5, or at such time as 5th Street is developed for public use. b. Amend the plat to show the road from Rangeview Drive north to 5th Street with a minimum of two 10 foot drive lanes and an emergency access "bump gate" on the road. The improvements agreement shall include the installation of the emergency access "bump gate" and the construction of the emergency access road with two 10 foot drive lanes. c. Attach to the plat the "right-to-farm" information as suggested by the applicant. 941163 Final Plat- Mike and Pam Gutterson Page 2 Off-site roads providing access to the subdivision and streets within the subdivision are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the subdivision. The Weld County Public Works reviewed the application including the improvements agreement and found no conflicts. The subdivision does not appear to cause an unreasonable burden on the ability of local governments or districts to provide fire and police protection, hospital, solid waste disposal, and other services. Referral agencies responding indicated no concerns. The subdivision will not cause air pollution violations based on Colorado Department of Health Standards. The Weld County Health Department reviewed the application and found no conflicts with its interests. The subdivision conforms to the subdivision design standards of section 10 of the Weld County Subdivision Ordinance. The subdivision does not appear to have an undue adverse effect on wildlife, its habitat, the preservation of prime agricultural land, and historical sites. These determinations are based, in part, upon a review of the information submitted by the applicant, other relevant information regarding this request, and responses of referral entities reviewing the request. The planning staffs recommendation for approval is conditional upon he following: 1. Prior to recording the Final Plat, the Board of shall approve the subdivision improvements agreement and the form of collateral. The security for the agreement shall be tendered and accepted by the Board for the subdivision improvements agreement. 2. Prior to recording the Final Plat,the following notes shall be placed on the plat: Uses within the final plat consist of E (Estate) uses listed in the Weld County Zoning Ordinance. Approval of this Final Plat may create a vested property right pursuant to Section 17 of the Weld County Subdivision Ordinance. All streets within the subdivision are private and shall be built to county standards and shall be maintained by the homeowners association, lot owners, and/or developer. Installation of utilities shall comply with section 10.20 (Underground Utilities) of the Weld County Subdivision Ordinance. 941163 • • Final Plat- Mike and Pam Gutterson Page 3 Central Weld County Water District shall provide domestic water to the subdivision. Sewer service is to be provided by individual sewage disposal systems approved by the Weld County Health Department. Any excavation or placement of dredged or fill material, either temporary or permanent, into any wetlands within the subdivision, shall require the approval of the Army Corps of Engineers permit pursuant to Section 404 of the Clean Water Act. 3. Prior to recording the Final Plat, the plat shall be amended to show the 30 foot Emergency Access, Drainage and Utility Easement as a 50 foot Access, Drainage and Utility Easement. 941163 LAND-USE APPLICATION SUMMARY SHEET November 17, 1994 CASE NUMBER: S-365 NAME: Mike and Pam Gutterson ADDRESS: 26780 Weld County Road 36 La Salle, Colorado, 80645 REQUEST: A Final Plat and a Site Specific Development Plan for a 13 lot subdivision in the E (Estate) zone district LEGAL DESCRIPTION: Part of the SW'/ of section 21, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado LOCATION: South of and adjacent to the Town of Kersey; east of and adjacent to Weld County Road 53 SIZE OF PARCEL: 86.74 More or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Final Plat is listed in Section 7.3.3 of the Weld County Subdivision Ordinance. The Department of Planning Services' staff has received responses from the following agencies: - The Town of Kersey - The Weld County Health Department - The Weld County Public Works Department - The Army Corp of Engineers - The Weld County Sheriff - The West Greeley Soil Conservation District The Department of Planning Services' staff has received no objections from surrounding property owners. + 'IXNfSIt FIELD CHECK FILING NUMBER: S-359 DATE OF INSPECTION: June 16, 1994 APPLICANT'S NAME: Michael and Pamela Guttersen REQUEST: A Preliminary Plan in the E (Estate) zone district. LEGAL DESCRIPTION: Part of the SW4 of Section 21, T5N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: South of and adjacent to the Town of Kersey; east of and adjacent to Weld County Road 53. LAND USE: N Town of Kersey, water tower, mobile home park, railroad tracks, single family dwellings, large ditch E Pasture, native grasses, Latham ditch S Oil and gas production, rural residences, pasture, native grasses W Church, pasture, oil and gas production, rural residence ZONING: N Town of Kersey E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Property is presently in grasses and pasture. Three oil and gas wells are operating on-site. REA lines are on the southern portion of property. Oil and gas lease road presently on the property. Property served by paved Weld County Road 53. There appears to be wetlands in the eastern portion of the property. 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'^' ! ry � `Mfi �l t s e � �t rl C- 5 5 Y P )fit`° j t r ~ ",v,°:\ r E. t, r s4J i 4 � : 1 r ! °p�II 9 .r, ti v��yy•` `- ♦ S / ' 'm ' j ...4,4„ , # 4,- .�1 'ate• ,-- F 1 4 t T2j .- ' 5 C' 1 'q F e vf, <k 1 �. -Pv� f: f; 1{F, ?) - ,,I•�.�•..� '.L :+ P ;" • REFERRAL LIST • NAME: Mike and Pam Guttersen CASE NUMBER: S-365 REFERRALS SENT: October 21, 1994 REFERRALS TO BE RECEIVED BY: November 4, 1994 COUNTY TOWNS and CITIES _Attorney Ault X_Health Department Brighton Extension Service Broomfield _Emergency Management Office Dacono _X Sheriff's Office✓ Eaton _X _Public Works Erie _Housing Authority Evans Airport Authority Firestone Building Inspection Fort Lupton Frederick STATE Garden City Division of Water Resources Gilcrest _X _Geological Survey _Greeley Department of Health _Grover Department of Transportation Hudson Historical Society Johnstown Water Conservation Board _Keenesburg _X _Oil and Gas Conservation Commission _X 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 _X _Platte Valley F-14 _Larimer Poudre Valley F-15 Raymer F-2 FEDERAL GOVERNMENT AGENCIES Southeast Weld F-16 _X 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 Cob.Water Conservancy Dist. Brighton Panhandle Eastern Pipe Line Co. Fort Collins _X Latham Ditch _X _Greeley✓ _X_Kersey School District Longmont T` _X_Poudre Valley REA West Adams COMMISSION/BOARD MEMBER _X Bill O'Hare NOV-15-94 TUE 09 :07 AM GUTTERSEN 303 284 6241 P. 01 IYVV-14-04 nVa 10.00 IVWI ACIWCi ri eV. ou0Qo O r. VG NW 14 '94 1S157 F WELD CO TREASURER TO 3566008 PAGE.p02i0Oa (it 464- 35 ( 0?77 DEPARTMENT OF PLANNING SERVICES PHONE gin Mat 6XT.35db WELD COUNTY AOMl1400 N.T vE OFFICES VIII O 1400 N.17Th AVENUE GREELEY,COLORAbO80831 COLORADO e Data: October 21, 1994 Case Number. 8-865 TO WHOM IT MAY CONCERN; Enclosed is an application from Mike and Pam Gutterson fora Final Plat fors Subdivision In the E (Estate)zone dishict The parcel of land is described es part of the SW4 of Section 21, TEN. R64W of the 6th P.M.,Weld County, Colorado. The tooation of the parcel of land for which this application has been submitted Is south of and adjacent to the Town of Kersey; east of and adjacent to Weld County Road 53. The application 1s submitted to you for review and recommendation. Any oommenta or recommendation you consider relevant to this request would be appreciated, Your prompt reply will help to facilitate the processing of the appiclgon end will ensure prompt consideration of your recommendation. Please reply by November 4, 1994,to that we may give full consideration to your recommendation_ Please call Keith Schuett,Current Planner II, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1.r_.� 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 Iste not compatible with the Interests of our town for the following reasons; • 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to 6. ,Please r�eferrtoo the enclosed letter. Signed: // �1iLa4 N�eon Agency f°eu w a ,F ,t r kr Pate: fih1+/9y r„ittliannino TOM. PRGE,002:17sti NOU 15 '94 09:01 .. _,, 3 ir 303 284 6241 1 1 . • tal-eill.-14:Dt\ 4e-it DEPARTMENT OF PLANNING SERVICE: I PHONE (303)353-3845, EXT. 354 WELD COUNTY ADMINISTRATIVE OFFICE 1400 N.Ci 17TH 8 GREELEY, COLORADO 8063 COLORADO Date: October 21, 1994 Case Number: S-365 TO WHOM IT MAY CONCERN: Enclosed is an application from Mike and Pam Gutterson for a Final Plat for a Subdivision in the E (Estate) zone district. The parcel of land is described as part of the SW4 of Section 21, T5N, R64W of the 6th P.M., Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of and adjacent to the Town of Kersey; east of and adjacent to Weld County Road 53. The 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 November 4, 1994, so that we may give full consideration to your recommendation. Please call Keith Schuett, Current Planner II, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request is/is not compatible with the interests of our town for the following reasons: 3. ✓ We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to . 5. Please refer to the enclosed letter. Signed: Agency "`' � � � Date: j uAs , am N•'''4 9 • .• 46titif mEmoRAnDum WIiDcTo Keith Schuett, Current Planner Date Oct. 26, 1994 COLORADO From Don Carroll, Administrative Coordinator kV- Case No. S-365; Mike and Pam Gutterson Subject: Final Plat for the subdivision in the estate zone: I have reviewed the final application, and it appears that the applicant has met all the requirements from my previous memorandum. The applicant has placed typical road cross section and an emergency access section on the mylar and they meet the minimum requirements. In the Improvements Agreement for a private maintained road, Exhibits A and B appear to be adequate for the project. Reviewing the final drainage and erosion protection plan and finding no conflict with this,the plan was stamped and sealed by their engineer. The Weld County Public Works Department has no additional conflict with this project. cc: Commissioner Kirkmeyer Subdivision file--Rangeview Ranchettes :planl.fc O]��l��V�� .' ['OCT 3 ' 1994 -.manning, HI*It �N?q£ DEPARTMENT OF THE ARMY � '�`` CORPS OF ENGINEERS,OMAHA DISTRICT #� ,k TRI-LAKES PROJECT OFFICE,9307 STATE HWY 121 C.1 i h w LITTLETON,COLORADO 80123-6901 = ✓ 5 a • \ �•- REPLY November 1, 1994 hTTENTION OF Mr. Keith Schuett Weld County Colorado Department of Planning Services 1400 North 17th Avenue Greeley, Colorado 80631 Dear Mr. Schuett: Reference is made to a Final Plat Project for a Subdivision in the E (Estate) zone district (your case number S-365) located in the Southwest Quarter of Section 21, Township 5 North, Range 64 West, Weld County, Colorado. If any work associated with this project requires the excavation in or placement of dredged or fill material, either temporary or permanent, into wetlands at this location, this office should be contacted for proper Department of the Army permits pursuant to Section 404 of the Clean Water Act. If there are any questions concerning this matter, please feel free to contact Mr. Terry McKee of this office at 303-979-4120 and reference action ID # 199480289. Sincerely, • Tim y i . C. ey Project anager III NOV 21994 ,j «7tv`Nlaanina Uinta 4 • • rt „..„_., DEPARTMENT OF PLANNING SERVICE: WI I PHONE (303) 353-3845, EXT. 354 WELD COUNTY ADMINISTRATIVE OFFICE 140e GREELEY, N. ORA O AVE NU COLORADO 8063 COLORADO fiLpi ��- Vf4_ Date: October 21, 1994 Case Number: S-365 il\\:. 00T 2 P. 1994 TO WHOM IT MAY CONCERN: ."t,°°asinine Enclosed is an application from Mike and Pam Gutterson for a Final Plat for a Subdivision in the E (Estate) zone district. The parcel of land is described as part of the SW4 of Section 21, T5N, R64W of the 6th P.M., Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of and adjacent to the Town of Kersey; east of and adjacent to Weld County Road 53. The 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 November 4, 1994, so that we may give full consideration to your recommendation. Please call Keith Schuett, Current Planner II, 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 ith the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to . 5. Pleas re t to the enclosed letter. Signed: Agency - -5 /-(CP ( . Date: t i EXHIRIT Ir` T c�: • DEPARTMENT OF PLANNING SERVICE: PHONE (303)353-3945, EXT. 354 WELD COUNTY ADMINISTRATIVE OFFICE 140 NVENU C O ORA O8063 GREELEY, COLORADO 8063 COLORADO Date: October 21, 1994 Case Number: S-365 TO WHOM IT MAY CONCERN: Enclosed is an application from Mike and Pam Gutterson for a Final Plat for a Subdivision in the E (Estate) zone district. The parcel of land is described as part of the SW4 of Section 21, T5N, R64W of the 6th P.M., Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of and adjacent to the Town of Kersey; east of and adjacent to Weld County Road 53. The 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 November 4, 1994, so that we may give full consideration to your recommendation. Please call Keith Schuett, Current Planner II, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request is/is not compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to 5. V Please refer to the 1-I t1 r OhR.rcrcc o f .t- n Signed: 1 �X Agency Bhu Jay 1 d9c,eibr nOhi Date: /�/o2(i/ 9' r'l 1"! .� [XHII,T §' j OCT 27 1994 .. mannine 941163 WEST GREELEY SOIL CONSERVATION DISTRICT 4302 West 9th Street Road Greeley,303)356-6506 80634 April 7, 1994 Greg Thompson, Current Planner Department of Planning Services Weld County Administrative offices 1400 N. 17th Avenue Greeley, CO 80631 Greg: West Greeley Soil e t has completed ite review on proposed Guttersen subdivision (case #s 356)) andhass the the following concerns: 1. The soils in the area are very sandy and could blow very easily when disturbed during construction. We would like to ensure that measures are taken to prevent major erosion problems. 2. The district is concerned that polluted residential grunoff We uldleend up in the wetlands in the south east corner of the property. p y• like to see drainage diverted away from this area. 3 . The oil and gas wells on the property could present a problem in and subdivision with the heavy truck traffic resulting in dust, traffic danger. Would these be allowed to continue in operation and what measures would be taken to ensure their compatibility within the subdivision? 4. The district is concerned about the irrigation ditch running through the property. We would like to ensure that access to the ditch bank be ton ensuredflowsrbelow thes areaare not retarded dbyh at measures be taken to pevent eroion. We are development along the ditch. Sincerely, ?Pi) cIL r Michael G. Sha 1I` APR 0 8 1994 AL District Manager "-"r—in Planning ** TOTAL PAGE . 0e2 ** 941116: • • /1'; NOTICE Pursuant to the laws of the State of Colorado and the Weld County Subdivision Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Final Plat Subdivision are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO: 94-80 APPLICANT Mike and Pam Guttersen 26780 Weld County Road 36 LaSalle, Colorado 80645 DATE: November 23, 1994 TIME: 10:00 a.m. REQUEST: Final Plat Subdivision - Rangeview Ranches LEGAL DESCRIPTION: Part of the SW 1/4 of Section 21, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado LOCATION: South of and adjacent to the Town of Kersey; east of and adjacent to Weld County Road 53 BOARD OF COUNTY COMMISSIONERS ;ea+"' WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: SHELLY K. MILLER DEPUTY CLERK TO THE BOARD DATED: October 31, 1994 t PUBLISHED: November 10, 1994, in the Windsor Beacon NOV " 1994 ..... ._:ae •otuO71Q 9411E AGENDA WELD COUNTY UTILITY BOARD MEETING Thursday, November, 10, 1994 10:00 a.m. - Public Meeting of the Weld County Utility Board Meeting, Weld County Administrative Offices Conference Room, 1400 N. 17TH Avenue, Greeley, Colorado. 1. CASE NUMBER: S-365 APPLICANT: Mike and Pay Guttersen REQUEST: A Final Plat for a Subdivision in the E (Estate) zone district LEGAL DESCRIPTION: Part of the SEA of Section 21, T5N, R64W of the 6th P.M., Weld County, Colorado LOCATION: South of and adjacent to the Town of Kersey; east of and adjacent to Weld County Road 53 's ixHist! 94116 §e- •. • • • DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT. 354C WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORAAVENUEOimp 631 COLORADO 80631 COLORADO October 24, 1994 Mike and Pam Guttersen 26780 Weld County Road 36 La Salle, CO 80645 Subject: S-365 Request for approval of a Final Plat for a Subdivision in the E (Estate) zone district on a parcel of land described as part of the SW4 of Section 21, T5N, R64W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Guttersen: Your application and related materials for the request described above is scheduled for a meeting with the Weld County Commissioners' for Wednesday November 23, 1994 at 10:00 a.m. This meeting will take place in the Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. In addition, I have scheduled a meeting with the Weld County Utilities Advisory Committee for Thursday, November 10, 1994 at 10:00 a.m. This meeting will take place in the Weld County Administrative Offices, 1400 N. 17th Avenue, Greeley, Colorado. 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 Kersey Planning Commission for its review and comments. Please call Marlene Hookom, at 353- 1681 for information regarding the date, time and place of the meeting and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. Sometime prior to November 20, 1994, a representative from the Department of Planning Services will be out to the property to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property under consideration is not adjacent to a publicly maintained road right-of- way, one sign will be posted in the most prominent place on the property and post a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. VXHJ$ir Mike and Pam Guttersen Case: S-365 Page 2 The Department of Planning Services' staff will make a recommendation concerning this application to the Weld 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 hearing to obtain a copy of the recommendation. If you have any questions concerning this matter, please feel free to call me. Sincerely, eith Schuet� Current Planner II pc: Intermill Land Surveying • 94116 FINAL PLAT SUBDIVISION APPLICATION Department of Planning Services - Weld County Administrative Offices 1400 N. 17th Avenue, Greeley, Colorado Phone: 353-3845, Ext. 3540 FOR PLANNING DEPARTMENT EP USE ONLY: DE CASE NO. , 'J 7 (7`- APPLICATION FEE ZONING DISTRICT r RECEIPT NO. DATE ,L/-GJ1r RECORDING FEE APPLICATION CHECKED BY RECEIPT NO. TO BE COMPLETED BY APPLICANT: (Print or type only except for required Signatures) I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning proposed subdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: See attached legal (If additional space is required, attach an additional sheet of this same size. ) NAME OF PROPOSED SUBDIVISION Rangeview Ranches EXISTING ZONING Estate NO. OF PROPOSED LOTS 13 TOTAL AREA (ACRES) 86 .74± LOT SIZE: AVERAGE 6 . 67±MINIMUM 4 .45± UTILITY COMPANIES: WATER Central Weld County a er District SEWER On-lot septic GAS De.arli'ng ELECTRIC Poudre Valley REA PHONE US West DISTRICTS: SCHOOL Platte Valley School District #7 FIRE Platte Valley Fire District FEE OWNER OF AREA PROPOSED FOR SUBDIVISION NAME Mike and Pam Guttersen PHONE 284-6741 ADDRESS 26780 WCR 36 LaSalle, CO 80645 NAME PHONE ADDRESS APPLICANT OR AUTHORIZED AGENT (if different than above) NAME ADDRESS HOME TELEPHONE # BUSINESS TELEPHONE # I hereby depose and state under the penalties of perjury that all statements proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. COUNTY OF WELD ) � STATE OF COLORADO) Signature: ' er or Authorized Agent Subscribed and sworn to before me this // - day of o �>/- 19 �pRy..PUP/ Gam) N0 PUBLIC e .t) y My commission expires - 1 -Gi • E X�— �� a ' Intmmill Land Surveilling -Registered in Colorado& Wyoming 'e • 1301 N. Cleveland Ave. y ° Loveland, Colorado 80537 (303) 669-0516 PROPERTY DESCRIPTION: A parcel of land located in the Southwest Quarter of Section 21 , Township 5 North, Range 64 West of the 6th P.M. , in the County of Weld, State of Colorado being more particularly described as follows: Considering the West line of the Southwest Quarter of said Section 21 as bearing North 00°06 '35" West and with all bearings contained herein relative thereto: Beginning at the Northwest corner of the Southwest Quarter of said Section 21 ; thence along the West line of said Southwest Quarter South 00°06 ' 35" East 1150. 62 feet to the Southwest corner of Elder Second Addition to the Town of Kersey, Colorado as recorded in Book 645 at Reception No. 1567017 records of said County; said Southwest corner being the TRUE POINT OF BEGINNING; thence along the South line of said Elder Second Addition North 89°55 ' 50" East 794 . 12 feet to the Northwest corner of that certain parcel of land as described in deed recorded in Book 824 at Reception No. 1746422 records of said County; thence along the Westerly, Southerly and Easterly lines of said Book 824 at Reception No. 1746422 the following 3 courses and distances: South 01 °04 ' 10" East 300 .00 feet; North 89°55 ' 50" East 580.80 feet; North 01 °04 ' 10" West 300 .00 feet to a point on the Southerly line of Elder First Addition to the Town of Kersey, Colorado as recorded in Book 645 at Reception Number 1567016 records of said County; thence along the Southerly line and Easterly prolongation of said Southerly line of said Elder First Addition North 89°55 ' 50" East 1287 .63 feet to a point on the East line of said Southwest Quarter; thence along said East line South 00°28 ' 03" East 1468 . 18 feet to the Southeast corner of said Southwest Quarter; thence along the South line of said Southwest Quarter South 89°20 ' 13" West 2671 .84 feet to the Southwest corner of said Southwest Quarter; thence along the West line of said Southwest Quarter North 00°06 ' 35" West 1495.83 feet to the TRUE POINT OF BEGINNING. Said parcel contains 86 .74 Acres, more or less, and is subject to all existing easements and/or rights of way of record. 9411S IntSnill Land Survel ng -Registered in Colorado&Wyoming A 1301 N. Cleveland Ave. • Loveland, Colorado 80537 (`,�+i� (303) 669-0516 ,.. 1 .c►\� August 30, 1994 P-93-2070 Weld County Dept. of Planning 1400 17th Avenue Greeley, CO 80631 re: Rangeview Ranches Subdivision (Mike and Pam Guttersen) Final Plat Submittal To Whom It May Concern: Please find hereafter, supporting documents, maps and written material for the Final Plat Subdivision Submittal . The enclosed material will follow the procedural guide format. 1 . Please see attached application form. 2 . Please see attached title commitment . 3 . Uses proposed for this subdivision will be all uses by right as mandated under "Estate District Zoning" requirements stated in Section 36 . 2 and also accessory uses will be permitted as identified in Section 36 .2 .2 et. seq. of the Weld County Zoning Ordinance. 4 . Concerns during the preliminary plan application process are as follows: a) All easements have been revised to reflect a 15 foot utility and drainage easement at all rear lot lines, except where the Lower Latham Ditch goes through a Lot and the utility and drainage easement remains to the West of the ditch, the easement shall be 20 ' . b) As per letters received from the Corps of Engineers, there is a wetlands as identified on the final map, however construction of the site will not affect the wetlands area. In any case where wetlands would be affected, a permit shall be pulled through the Corps . 5. The total number of Lots proposed for this subdivision will be 13 . 6 . The proposed subdivision circulation system will include 1 interior road connecting to WCR 53 and then extending to the Easterly part of the subdivision and ending with a cul-de-sac. The road will have two-10 foot driving lanes with a 3 foot shoulder on each side. It will have a 6" deep gravel surface with a 16 foot wide and 2 foot deep borrow ditch on both sides. All vehicle parking will occur on each individual lot. 941163 7 . There will be no on-street parking permitted within the subdivision. 8 . This item does not apply to this site. 9 . This item does not apply to this site. 10 . A 6" watermain will serve the 13 lot subdivision accompanied by 4 on-site fire hydrants for fire protection. The 6" watermain will be fed by an existing 10" Central Weld County Water District watermain located in WCR 53 . The volume should be adequate to serve the subdivision for both domestic use and fire protection. 11 . See attached letter from Central Weld County Water District. 12 . See attached letter from central Weld County Water District. 13 . The proposed subdivision will utilize individual lot on- site septic systems installed per the Weld County ISDS regulations 14 . This item does not apply. 15 . A comprehensive site specific geotechnical investigation to determine subsurface soil conditions (i .e. , bearing capacities swelling potential) , shallow bedrock, groundwater levels and flooding potentials, percolating and radon survey shall be done by the individual lot owners. 16. Please see attached covenants. 17 . This item does not apply. 18. This item does not apply. 19 . Please see attached drainage plan. 20 . Please see attached drainage plan. 21 . Please see attached drainage plan. 22 . This item does not apply. 23 . Please see attached subdivision improvements agreement. 24 . Please see attached subdivision road plans. 25 . Please see attached county treasurers certificate. 26 . This item does not apply. 27 . Please see attached list of adjacent property owners. 941163 28 . Please see attached list of mineral owners. 29 . This proposal conforms to all applicable Agricultural goals as stated in the Weld County Comprehensive Plan including items #4 and #6 . It also conforms to all Urban Growth Boundary Goals as well as the Residential Goals. Under "Estate District Zoning" , we feel this proposal would be ideal in providing for compatibility between agricultural and residential uses. 30 . All comments from referral agencies have been, or are in the process of being addressed. 31 . Please see attached letter from Central Weld County Water District. 32 . All septic systems will be installed per Weld County ISDS regulations. 33. All streets within the subdivision shall be designed and constructed per the Weld County Subdivision Ordinances as far as the typical street section. Please see attached letter dated May 26, 1994 from Foundation and Soils Engineering, Inc. which addresses the structural capacity and recommendations as to roadway thickness . 34 . Off-site street and highway facilities providing access to the proposed subdivision are adequate in functional classification, width and structural capacity to meet the traffic requirements of the subdivision. Weld County Road 53 , a paved County Collector, will provide access to the subdivision. 35. As per the drainage plan and drainage map, these facilities are adequate to serve the site for drainage and stormwater management. 36 . As per referrals from Kersey and Platte Valley Fire Districts, they have no conflicts with this proposal . As far as police, hospital and solid waste disposal, these districts or services should not be burdened due to the location of the proposal and the minor increase in patrons. 37. This subdivision will not cause air pollution violations as it will be enforced through covenants and zoning ordinance regulations. 38 . This subdivision proposal will conform to and be constructed to all subdivision design standards of Section 10. 39 . This proposal should have no undue adverse effect on wildlife or its habitat due to the size of the parcels. A small percentage of the lots will be disturbed by dwellings, leaving the majority for wildlife. No prime agricultural ground will be affected by this subdivision and there are no historical sites present on this proposal. 941163 ENDORSEMENT No. -1- ISSUED BY TICOR TITLE INSURANCE COMPANY Attached to and forming a part of Commitment for Title Insurance No. TN30891 We have searched the records of Weld County from the effective date of this Commitment to AUGUST 24, 1994 @ 7:00 A. M. and find the following documents recorded: NONE RE: MICHAEL W. GUTTERSEN AND PAMELA A. GUTTERSEN VACANT KERSEY COLORADO Nothing herein contained shall be construed as extending or changing the effective date of said Commitment, unless otherwise expressly stated. This endorsement, when countersigned below by a Validating Signatory, is made a part of said Commitment and is subject to the Exclusions from Coverage, schedules, conditions and stipulations therein, except as modified by the provisions hereof. TICOR TITLE INSURANCE COMPANY Dated: September 6, 1994 Countersigned: n e By V idating Signatory KW 9411S WELD COUNTY TITLE COMPANY 1221 8TH AVENUE, GREELEY, COLORADO 80631 (303) 356-3232 METRO 623-3232 * * * * * RE: Our Order No. : TN30891 Title examined by KATHY WOLKING Purported Address: VACANT KERSEY COLORADO Current Owners: MICHAEL W. GUTTERSEN AND PAMELA A. GUTTERSEN Proposed Owners: Tax Certificate Ordered: NO Survey Ordered: NO/Original Commitment To: J INTERMILL LAND SURVEYING 1301 N. CLEVELAND LOVELAND, CO 80537 ATTN: STEVE We are proud to announce that as of Monday, May 2, 1994, the beginning of our 14th year as your locally owned Title Company, we opened our new closing branch office. It is located at 1009 37th Ave. Ct. , Ste. 101 - 351-0007. Please come and visit with Janeen, Cheri, Nancy, Teresa, Dawn and Rushellel 94116; • • COMMITMENT FOR TITLE INSURANCE • • • • • SCHEDULE A 1. Effective Date: MAY 16, 1994 ® 7:00 A. M. RE: Our Order No. : TN30891 2. Policy or Policies to be issued: A. ALTA Owner's Policy Amount $ TO BE AGREED UPON Proposed Insured: TO BE AGREED UPON B. ALTA Loan Policy Amount $ Proposed Insured: C. ALTA Loan Policy Amount $ Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is a fee simple, and title thereto is at the effective date hereof vested in: MICHAEL W. GUTTERSEN AND PAMELA A. GUTTERSEN 4. The land referred to in this Commitment is described as follows: "SEE SCHEDULE A CONTINUED" 941163 • • COMMITMENT FOR TITLE INSURANCE * * • * SCHEDULE A "CONTINUED" RE: Our Order No. : TN30891 ALL THAT PART OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 5 NORTH, RANGE 64 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO, LYING SOUTH OF THE LATHAM DITCH; EXCEPTING THEREFROM THOSE PARCELS DESCRIBED AS ELDER FIRST ADDITION AND ELDER SECOND ADDITION AS PER MAPS RECORDED MAY 5, 1971 IN BOOK 645 AS RECEPTION NOS. 1567016 AND 1567017, RESPECTIVELY; ALSO EXCEPTING THEREFROM THAT PARCEL OF LAND CONVEYED TO THE TOWN OF KERSEY BY DEED RECORDED MARCH 6, 1978 IN BOOK 824 AS RECEPTION NO. 1746422, WHICH PARCEL IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 21, AND CONSIDERING THE WEST LINE OF SAID SECTION 21 AS BEARING SOUTH 00O06'35" EAST, WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE SOUTH 00O06'35" EAST, ALONG SAID WEST LINE, 1150.62 FEET; THENCE NORTH 8955'50" EAST, 794.12 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 89O55'50" EAST, 580.80 FEET; THENCE SOUTH 0104'10" EAST, 300.00 FEET; THENCE SOUTH 8955' 50" WEST, 580.80 FEET; THENCE NORTH 0104'10" WEST, 300.00 FEET TO TILE TRUE POINT OF BEGINNING. 941163 s . COMMITMENT FOR TITLE INSURANCE * * * * * SCHEDULE B Section 1 RE: Our Order No. : TN30S91 REQUIREMENTS: The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Payment of all taxes, charges or assessments, levied and assessed against the subject premises which are due and payable. Item (c) The following instrument(s) must be properly executed and filed of record in the Official Land Records of Weld County, Colorado, to wit: 1. Warranty Deed from MICHAEL W. GUTTERSEN AND PAMELA A. GUTTERSEN to Grantees to be Agreed Upon conveying the land described herein. 2 9411' • COMMITMENT FOR TITLE INSURANCE * * * * * SCHEDULE B Section 2 RE: Our Order No. : TN30891 EXCEPTIONS: The policy or policies to be issued will contain exceptions for defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment; and exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Taxes and assessments which are a lien or due and payable; and any tax, special assessments, charges or lien imposed for water or sewer service, or for any other special taxing district, any unredeemed tax sales. 6. Taxes for the year 1994, a lien, but not yet due or payable. *****NOTE: Please see Requirement Item b, Schedule B, Section 1. 7. Right of way for COUNTY ROADS 30 feet wide on either side of section and township lines as established by ORDER OF THE BOARD OF COUNTY COMMISSIONERS FOR WELD COUNTY, recorded OCTOBER 14, 1889 in BOOK 86 at PAGE 273. 8. Easement for TRANSMISSION LINE purposes as granted to THE UNITED STATES OF AMERICA by instrument recorded APRIL 14, 1941 in BOOK 1077 at PAGE 315, said easement being 30 FEET IN WIDTH, THE CENTERLINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 21, WHENCE THE SOUTHWEST CORNER OF SAID SECTION 21 BEARS SOUTHERLY 35 FEET; THENCE NORTH 88°40' EAST, 2164 FEET; THENCE SOUTH 88°11' EAST, 509 FEET TO THE NORTH-SOUTH CENTER LINE OF THE SAID SECTION 21. CONTINUED NEXT PAGE - 3 - - -- 94115 B-2 CONTINUE! TN3089 9. Easement for INGRESS AND EGRESS purposes as granted to THE TOWN OF KERSEY, COUNTY OF WELD, STATE OF COLORADO by instrument recorded MARCH 6, 1978 in BOOK 824 as RECEPTION NO. 1746423, said easement being more particularly described as follows: BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 21, AND CONSIDERING THE WEST LINE OF SAID SECTION 21 AS BEARING SOUTH 00°06'35" EAST, WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE SOUTH 00°06'35" EAST, ALONG SAID WEST LINE 1150.62 FEET; THENCE NORTH 89°55' 50" EAST, 1374.92 FEET TO THE TRUE POINT OF BEGINNING OF EASEMENT; THENCE CONTINUING NORTH 89°55b' 50" EAST, 50.00 FEET; THENCE SOUTH 01°04'10" EAST, 300.00 FEET; THENCE SOUTH 89 55' 50" WEST, 50.00 FEET; THENCE NORTH 01°04' 10" WEST, 300.00 FEET TO THE TRUE POINT OF BEGINNING OF EASEMENT. 10. Easement for DITCH purposes as granted to THE LOWER LATHAM DITCH CO. by instrument recorded DECEMBER 27, 1993 in BOOK 1418 as RECEPTION NO. 2365825, the exact location of said easement not being specifically defined. 11. Reservation of AN UNDIVIDED ONE-HALF OF ALL OIL, GAS AND OTHER MINERALS IN, ON OR UNDERLYING SAID PREMISES, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS FOR THE PURPOSE OF EXPLORING, DRILLING FOR, EXTRACTING AND REMOVING SAME FROM SAID LAND as contained in instrument from THE PLATTE VALLEY LAND COMPANY recorded APRIL 17, 1945 it BOOK 1153 at PAGE 189, and any interests therein, assignments, or conveyances thereof. 12. Oil and Gas Lease from LLOYD E. ELDER AND MARGARET JO ELDER to MIZEL EXPLORATION COMPANY, recorded APRIL 6, 1983 in BOOK 992 as RECEPTION NO. 1922641, and any interests therein, assignments or conveyances thereof. Said Lease extended by EXTENSION OF OIL AND GAS LEASE recorded NOVEMBER 30, 1987 in BOOK 1178 as RECEPTION NO. 2122697. 13 . Oil and Gas Lease from LLOYD E. ELDER AND MARGARET J. ELDER to PARKER & PARSLEY PETROLEUM COMPANY, recorded APRIL 9, 1990 in BOOK 1260 as RECEPTION NO. 2210218, and any interests therein, assignments, or conveyances thereof. 14. Mineral Deed from LLOYD E. ELDER AND MARGARET J. ELDER to THE ESPERANZA CORPORATION conveying ALL of the oil, gas, and other minerals in and under subject property, recorded JUNE 24, 1992 in BOOK 1341 as RECEPTION NO. 2293105, together with the right of ingress and egress at all times for the purpose of mining, drilling and exploring said lands for oil, gas, and other minerals and removing the same therefrom; and any interests therein, assignments or conveyances thereof. 15. Terms, conditions and provisions of AGREEMENT, between JOHN DUELL and THE LOWER LATHAU DITCH COMPANY recorded AUGUST 20, 1963 in BOOK 1656 at PAGE 315. 16. Deed of Trust from MICHAEL W. GUTTERSEN AND PAMELA A. GUTTERSEN to the Public Trustee of Weld County for the use of THE EATON BANK, to secure the face amount of $35,000.00 dated JUNE 4, 1993 and recorded JUNE 10, 1993 in BOOK 1387 as RECEPTION NO. 2336481. - 4 - 941161 (rat • • DEPARTMENT OF PLANNING SERVICES Wm PHONE(303)353.3845, EXT.3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. EY. N. ORAAVENUEO631 GREELEY, COLORADO 80631 COLORADO August 25, 1994 Larry Intermill Intermill Land Surveying 1301 N. Cleveland Avenue Loveland, CO 80537 Subject: Guttersen Emergency Access. Dear Mr. Intermill: This correspondence is a summary of our telephone conversation yesterday concerning emergency access to the Guttersen Subdivision south of and adjacent to the Town of Kersey. We determined two possible locations for the emergency access, one between Lots 3 and 4 and the other between Lots 5 and 6. Both potential access points provide connectivity to the Elder Subdivision, 1st Addition, to the Town of Kersey. Our discussions indicated the best course of action would be to have the emergency access between Lots 3 and 4 since this is the most direct emergency route into the subdivision. Additionally, an easier turning radius can be achieved at this location. If any additional questions arise concerning emergency access into this subdivision, please contact Keith Schuett, Current Planner II. Sincerely, Sztfir Greg 'P`iompson Current Planner cc: Mike Guttersen 4 9411x3 I FOUNDATION I Engineering, AND SOILS Inc. May 26 , 1994 Commission No. : 1116-48-01-04 Intermill Land Surveying 1301 North Cleveland Avenue Loveland, Colorado 80537 RE : Rangeview Ranches (Gutterson Subdivision) , A Portion of the Southwest Quarter of Section 21 , Township 5 North, Range 64 West, Weld County, Colorado Gentlemen : This letter includes the recommended thickness of the gravel for the roadways to be constructed at the above referenced location. The proposed subdivision is to accommodate thirteen ( 13 ) residential lots . Residential traffic in this subdivision is expected to be minimal . Three ( 3 ) oil wells are located on this property and will require periodic maintenance, producing minimal truck traffic . The soils which will underlie the roadway are primarily fine- grained sands based on Soil Conservation Service data. The soils are non-plastic and are classified as A-2 soils using the AASHTO designation. The following recommendations were based on the anticipated traffic and soil conditions : Interior Roadways : Aggregate Base Course (ABC) = 6" The subgrade shall be scarified to a depth of six ( 6) inches and recompacted to 95% of Standard Proctor (ASTM D698, AASHTO T99 ) . All aggregate base course shall meet Class 5 or 6 of CDOT standards and compacted to 95% of standard Proctor. The gravel road will require periodic maintenance to maintain the required thicknesses and control vegetation growth. If you have any questions, please feel free to call Respectfully, Revi ed by: peiVr, Thomas W. Finl y, Kevin W. Pai'tersoa, E . ' ' Engineering Geologist FOUNDATION & SOILS ENGINEERING, INC . TWF\jlb 100 Exist 3rd Strut • 1A,vrlaml, 2(10 80537 • (303) 663-0138 941153 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. ' I / Subject Property 12n.,,.61 e,u eu5 �r ✓u. '� C (v {k� � J,1Ixt, U,h)o.n) STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners' of property (the surface estate) within five hundred feet of the property under consideration This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty days of the application's submission date. The foregoing instrument was subscribed and sworn to before me this day ' , 19 < by / /`/l'v/j 1 , r,�' l//lQS{'�Qe4 ✓ . ��Zp41Y� .P..B� WITNESS my hand and official seal. ':ti MY Commission expiresl1 _7. qc JODE L. DES Not Public cOF CO��Q� My Commission Expires: 941153 • a2ctrie NAMES OF IIIERAL OWNERS AND LESSEES OF MAILS Please print or type NAME ` ADDRESS, TOWN/CITY, STATE AND ZIP CODE (/ ,7c/vb it . nva .e.3 2. - O31/A/ /e7 72 S' 17 ict 8'G �,' 2:247%4/A.< c 3 . fa - off, (4% 7/a' /7 ,Sr. , (.5-76- gar 6 Fn 26 at— &/A/t0'72/ / f-i.f r4W r/ f /7 'z` 5.171.„ Yrs F08' 2kr/ )ei EZ,7a /nsca (6i 1 2?/4O ff A/ 0 ///44,2J/Vfl Co 0D Lu6e1T /!✓d A cicc-.iv//g. 77741 941163 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property (�Icc,'Ci-U5 0U; STATE OF COLORADO ) ) ss COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred feet of the property under consideration. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld county Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty days of the application's submission date. The foregoing- - instrument was subscribed p� and sworn to before me this 4 ! ' day of 9, • , l9r/. WITNESS my hand and official seal. My Commission Expires: No ry Public JODEE L. .t KADp1j3 9411S3 • NAMES OF PROPERTY OWNERS WITHIN 500 FEET Please print or type NAME ADDRESS , TOWN OR CITY , ASSESSOR 'S PARCEL STATE AND ZIP CODE IDENTIFICATION NO Mary & Kevin Chestnut 27275 W County Rd 52 096321000014 Kersey , Co 80644 Town of Kersey Kersey , Co 80644 096321000006 Roland Wells 9100 Rogers Rd 0963 .2.1000009 Longmont , Co 80503 Manuel & Prajedes Eggert 2810 Lake Valley Dr 096321000003 % Wilbur Eggert Garland , Tx 75040 William & Elva McIntosh 800 So 1st St No 23 096321004002 Kersey , Co 80644 LkriS 4oekrrq 7a7s' s + C f --Inc 5_411.1_10±...h St 096321006005 Greeley, C& 80631-4408 Linda McCarthy PO Box 484 096321006006 Kersey . Co 80644-0484 Leslie & Eva Werner 737 3rd St'PO Box 135 096321006007 Kersey , Co 80644 L Gail Triplett 743 3 St Ct 096321006008 Kersey , Co 80644 Scott & Kathryn Jones PO Box 575 096321006009 Kersey , Co 80644-0575 Leobardo & Maria Hero PO Box 602 096321006010 Kersey , Co 80644-0602 Keith & Martha Cosson PO Box 611 096321006011 Kersey . Co 80644-0611 94116.3 • • Jeffrey Tietl PO Box 526 096321006012 Kersey , Co 80644 Larry & Kelly Brandly PO Box 123 096321004007 Inc Kersey , Co 80644 Edward & Sheila Steffens PO Box 455 096321004008 Kersey , Co 80644 Marian Schelier PO Box 86 096321004009 Kersey , Co 80644 Colvin Hanscome 26174 W County Rd 42 096321004010 Kersey , Co 80644 rAps a „Jahn- 7 rd e i LJ ie--Homes—I-nc 541O -10th St 096:321004011 Greeley , Co 80634-4408 Joyce Miller 713 2 St Ct 096321005003 Kersey , Co 80644 Charles Casselman PO Box 41 719 2 St Ct 096321005004 Kersey , Co 80644-0041 Richard & Karen Schwartz PO Box 554 096321005005 Kersey , Co 80644 Joyce & Gary Mount PO Box 74 731 2 St Ct 096321005006 Kersey , Co 80644-0074 Darwin Brug 25893 Sandy Knolls Blvd 096321005007 Kersey , Co 80644 Alan Chittenden 743 2nd St Ct PO Box 382 096321005008 Kersey , Co 80644 -1113" James & Joyce Hendricks PO Box 66 749 2 St Ct 096321005009 Kersey , Co 80644 -O " F Nicholas & Debbie PO Box 321 096321005010 Bisceglia Kersey , Co 80644-0321 941163 • • 4. � 6 1 .j , d [ i f - a}-e-i-etrres---inm 5410 10th St 096321005011 G r ee-1-ey-----Co..8063i1-4 4 0 8 • :.. r..• . ( a . J iff/ UZ a-n cft.l 9 r (/.r 541-0-10th St 096321005012 Greeley;--£-c -80631-4408 906- Lifestyle Homes_Inc nc 541- atYti-S_t• 096321005013 Greeley , Co 80631-4408 k Robert & Barbara Hoff 25654 Sandy Knolls Blvd 096320400028 Kersey , Co 80644 Kersey Community Church PO Box 158 096320400027 Kersey , Co 80644 Kersey Community Church PO Box 158 096320400023 Kersey , Co 80644 John & Linda Pfleiderer 25900 Sandy Knolls Blvd 096:320404012 Kersey , Co 80644 Pab1S & Virginia 25970 Sandy Knolls Blvd 096320404010 Rodriguez PO Box 543 Kersey , Co 80644-0543 Walter & Mildred Schlegel 26256 Sandy Knolls P1 096320404011 Kersey , Co 80644 William & Eva Sheets 26421 W County Rd 5 096320401010 PO Box 58 Kersey , Co 80644 Helen Guffy PO Box 403 096320401008 25933 Sandy Knolls Blvd Kersey , Co 80644-0403 William & Eva Sheets 26421 W County Rd 53 096320401009 PO Box 58 Kersey , Co 80644 E Richard & Linda 25890 W County Rd 53 096328000001 941163 Churchhill Kersey , Co 80644 1 • • E Richard & Linda 25890 W County Rd 53 096328000002 Churchhill Kersey , Co 80644 Mary & Kevin Chesnut 27275 W County Rd 52 096328000037 Kersey , Co 80644 George & Jennyrae 25957 W County Rd 53 096329000013 Ottenhoff Kersey , Co 80644 Reatha & Leo Brug 25893 Sandy Knoll Blvd 096320401007 Kersey , Co 80644 941163 CENTRAL WELD COUNTY WATER DISTRICT October 7, 1993 Intermit' Land Surveying 1301 N. Cleveland Ave. Loveland, CO 80537 RE: Water Service to Guttersen Property. Dear Sir: This letter is in response to a request for water service to serve the following property described as follows: SEE ATTACHED LEGAL DESCRITPION: Water service can be made available to the above described property provided all requirements of the District are satisfied, including easements where required for District facilities. Central Weld County Water District requires that contracts be consummated within one (1) year from the date of this letter, or this letter shall become null and void unless extended in writing by the District. Very truly yours, CENTRAL WELD COUNTY WATER DISTRICT m' W. Zade General Manager JWZ/caa • 2235 2nd Aoonno • Graolr . 9411 } Colorado P0f31 • 13031 352�12P4 • John 7.nd�1. G�nrrnl Mnnngor 12W1 CENTRAL WELD COUNTY WATER DISTRICT September 13, 1994 Michael W. Guttersen 26780 Weld Co.Rd. 36 LaSalle, CO 80645 RE: Rangeview Ranches Dear Mr. Guttersen: This letter is in response to your request for water service to serve the property described as follows; Rangeview Ranches located in the SW 1/4 Section 21, Township 5 North, Range 64 West of the 6th P.M.,Weld County, Colorado. Submitted herewith are the estimated costs for extending the District's waterline approximately 2,205' and fire hydrants in accordance with the plans. The installation includes 2,205' of 6" water main, service lines to 8 lots, curb stop valves and boxes, service lines and the wet tap of the existing 10" AC main. The actual cost is $31,800.00. Attached is your copy of the Rangeview Ranches Preliminary Plat that the District has updated and marked in red with various additions. Before proceeding with the line extension and appurtenances installation, the total due will have to be paid in advance and appropriate documentation completed. The District requires a 30 day notice for this line extension. If you have any questions regarding the above, please contact this office. Sincerely, CENTRAL WELD COUNTY WATER DISTRICT W. Zadr General Manager hoar •.....•.., • rr..I"" r„i..,sen 80631 • 13031 352-1284 • John 2adel, General Manaper9` 1150: LOWER LATHAM DITCH CO. P.O. BOX 398 KERSEY) CO 80644 December 17i 1993 Dept. of Planning Services Weld County 1400 N. 17th Ave Greeley, CO 8p631 RE: Zoning Change - - Case No . Z-485 (Guttersen) Please find attached to this letter the signed and notorized easement agreement between Michael W. and Pamela A. Guttersen and the Lower Latham Ditch Company. This easement agreement satisfies all concerns of the ditch company and Latham agrees to accept and support this proposal for zone change . We request this easement become a part of the final plat of this zoning change . Please contact me if you have further questions . Jim Park President, Lower Latham Ditch Co . 9411 . • EASEMENT AGREEMENT This easement is granted this 4774-day of December, 1993 by Michael W. and Pamela A. Guttersen (GUTTERSEN) , landowners , to the Lower Latham Ditch Co. (LATHAM) , a Colorado mutual irrigation company. GENERAL RECITALS A. LATHAM owns a prescriptive easement by use to operate and maintain the ditch on a parcel of land owned by GUTTERSEN located in the Southwest Quarter of Section 21 , Township 5 North, Range 64 West of the 6th P.M. in the County of Weld, State of Colorado . B. A recorded easement is desired by LATHAM in order to preserve and maintain its rights as this property is re-zoned from A ( agricultural ) to E (estate) . Estate zoning will allow the property to be sold in smaller parcels with several individual owners . C. An easement for ditch maintenance is desirable for all parties . NOW THEREFORE, in consideration of the foregoing, 1 . GUTTERSEN grants to LATHAM a recorded easenment for ingress/egress to maintain the ditch. This may include but would not be limited to :, daily inspection of the ditch during the irrigation season, removal Of silt and debris that would impede the water flow, placement of rip-rap material to control erosion and burning of vegetation along the banks of the ditch. 2 . This easement would extend 30 ft. back from both edges of the ditch. 3 . No permanent structures would be built on this easement except for side lot line fences. LATHAM would allow GUTTERSEN and their successor grantees to fence side lot lines up to and terminating at the bank of the ditch. GUTTERSON and their successor grantees will be required to install an adequate 16 foot gate to allow for inspection and maintenance of said ditch. 4 . LATHAM will allow one non-vehicle bridge to cross the ditch for access to property split by ,the ditch. Before construction of the bridge , LATHAM and GUTTERSEN , or their successor grantees , agree to establish reasonable guidelines as to the structure and placement of the bridge for the benefit of both parties . 5 . The easement will be incorporated into the final plat of 9411S3 i • this property it zoning and development proceed as planned. 6 . With this agreement; LATHAM agrees to accept and support with no other concerns, this proposal for zone change and the future subdivision of said property into approximately 13 residential lots . 7 . This agreement shall accrue for the benefit of the parties hereto , their successors , heirs , and assigns. Dated D�f.c�w , 1993 Michael W. Guttersen - landowner ( -..Ad L c } 4tr� Pamela A. Guttersen - landowner c7a--- G7a44 Ja es W. Park - pres . Lower Latham Ditch Co. • • 9411S2 • • • nn t' N 41 • • • ^•n• CO • °• iv:MT' W a+•I I M Z N .y .�, .. so 0 i d .4 ! U 4111 r U "q Oco W er co = o� J t' N N� F `yy((M a Y F N.4... C� in s)rr CC xino•W 20 m }'. i: 19'Z .cr. •. . •_ ❑ C .)• Q tvi "i S iC f0O...l a0 r�['3� ❑ F QU dLL G^h.�;.; . ❑ _' .a N h m u a co n U I4 2NO N O O y O N al • i N Y W N b 3:x:1 a O I ❑ •+ N • 1- J + N a W - • n • Ill .J - �'.i p=. , •. U 1n C a Ism° X o o .4 'ita''x�;',y a ❑ W o G o i �1pp in co P O nc': 'j�iiyj�, W N H W Z N C S • il W O O ' QQ C N .- U O. O..a .1 .1 i W Y co N in 3 J- U • 3 'o M lO F M 4 M W J 3 .... mo Zz W O In I- Oa a C ❑ u a¢ nI 1- ❑ x - no 0 0 O. a W N q0, r::, I-I U .� >� o E W • U 1- 1- O•O O 6 VI In 4 02 J OI .I J C• 04 W W 1- It N O N N 3 W C o M C J J ❑ a • g N O. F m X 4 MQ a J co to F2;44 O - n W CO • o -' w U" N J N u n es > 0 9411! 3 m .4 X .4 m a P Ili 7fl 0, • • PROTECTIVE COVENANTS APPLICABLE TO LOTS 1 TURD 13, RANGEVIEW RANCHES, SITUATE IN THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 5 NORTH, RANGE 64 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY of WELD, STATE OF COLORADO (a) No lot shall be used except for residential purposes. No building shall be erected, altered, placed, or permitted to remain on any lot other than one detached family dwelling unit not to exceed two stories in height together with private garage and\or accessory buildings. The ground floor area of the main residence structure, exclusive of open porches and garages shall not be less than 1 , 300 square feet. The floor area for any tri-level style residence shall not be less than 1500 square feet. No homes or permanent structures or homes of a preconstructed nature shall be permitted without prior approval of the Architectural Control Committee. The gross floor • area of accessory building shall not be larger than 1 , 500 square feet per building, (b) No building shall be located on any lot nearer than 50 feet to the front lot line, or nearer than 15 feet to any side street line. No building shall be located nearer than 15 feet to an interior lot line, except that no side yard shall be required for a garage or other permitted accessory building located 25 feet or more from the minimum building setback line . No dwelling shall be located on any interior lot nearer than 25 feet to the rear lot line . For the purpose of this covenant, eaves, steps and open porches shall not be considered as a part of a building, provided, however,, that this • shall not be construed to permit any portion of a building on a lot to encroach upon another lot. (c) Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements . The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible. (d) No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Tractors and machinery not being used for maintenance of the lot and unlicensed vehicles of any kind will not be permitted on the lots, except in enclosed storage building, 941153 • • Page 2 (e) No structure of a temporary character, trails tent, shack, garage. barn or other outbuilding lot anytime as a residence either tea r' basement, temporarily shall be used on any ( f) No sign of an y or permanently. on any lot except one y kind shall be displayed to the onuany feet, one sign professional sign of not more than five view square fn of not more than five ( 5 ) to d adtisingetheeproperty for sale or rent, (S) usedgnsas e by property during the consructionnand $aleai a builder (g) Animals, livestock period, are kept in a Animals, manner , or poultry may be kept to r exceed and not for any commercials long s they one ( 1 ) animal unit per acre. Animal Unit Equivalents ■ 1 cow, 1 horse, 1 swine, 2 sheep, 2 purposes, not When 1pasture rs shows signs of ep, 2r goats, 10 poultry, When Committee as g. the ArchitecturrlbCont Co mitt eohaslfull authority to tell owners to remove ls, from for everyone 's so grass and erosion problems do not occurls from best znterest . This is (h) Enforcement shall be by proceedings at law or in equity against any person or persons violating or attemptin • covenant, restriction, or condition, either to to recover damages, '7 to violate any restrain violation or with the lThese encovenantbm restriction all and ties andns are to run claiming under binding parties and all covenants usnder ltheme for a period of 25 pershe date. ons automatically extended aforfanmadditional 10 year period, unless an instrument signed by a majority for the then owners of the lots has been recorded Year whole or in part, agreeing to change said covenants in court order invalidation nvali in ationoof any one fonetofny of the other these covenants by judgement which shall remain in full force and effect, provisions which (k) Fencing, It is required, that along Rangeview Dr. , a split cedar 3-rail fence must be erected. Side lot line fences shall be split cedar 3-rail fences, No other fencing shall be erected without approval of the Architectural Control Committee.( 1consistlof the Architener of ngeview flanches Mral control committee ' This committee shall omeshare constructed until much time as all lots are sold and h . At that time a new committee will be nominated. The Architectural livtnol Committee proposes to maintain a high Conro, quality of life and 941153 • • IN WITNESS WHEREOF, the undersigned being an owner (or Mortgagee) of lots in Rangeview Ranches, has executed this Declaration the date and year indicated below. RANGEVIEW RANCH S BY: ''7'(J14- /, Michael W. u tersen DATED: / -/(,,- 9y STATE OF COLORADO) )SS COUNTY OF LARIMER) The foregoing Declaration of Covenants, Conditions and Restrict4ons for Rangeview Ranches was acknowledged before me this /6, 1" day of ce ).(-z,p b-z , 19 (RI by Michael W. Guttersen, an owner of the real property subject to said Declaration. Witness my hand and official seal. As4'Ry^P .NO My commission expires: - S �T JODEE L. Not xy Public .A••..• / - oF 9411' IMPROVEMENTS AGREEMENT ACCORDING POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE) THIS AGREEMENT, made and entered into this day of , by and between the County of Weld, State of Colorado, acting through its 1� Board of County Commissioners, hereinafter called "County", and MI( V‘0,€,\ t rwrnt\G. Go\-Lc5Lr hereinafter called "Applicant". WITNESSETH: WHEREAS, Applicant is the owner of or has a controlling interest in the following described property in the County of Weld, Colorado: WHEREAS, a final subdivision/PUD plat of said property, to be known as 2.0-r0d. U, has been submitted to the County for approval; and WHEREAS, of the Weld County Subdivision Regulations provides that no final plat shall be approved by the County until the Applicant has submitted a Subdivision Improvement Agreement guaranteeing the construction of the public improvements shown on plans, plats and supporting documents of the subdivision, which improvements, along with a time schedule for completion, are listed in Exhibits "A" and "B" of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and approval of said final plat, the parties hereto promise, covenant and agree as follows: 1.0 Engineering Services: Applicant shall furnish, at its own expense, all engineering services in connection with the design and construction of the subdivision improvements listed on Exhibit "A" which is attached hereto and made a part of this reference. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 94115 1.3 Applicant shall furnish drawings and cost estimates for roads within the subdivision to the County for approval prior to the letting of any construction contract. Applicant shall furnish one set of reproducible "as-built" drawings and a final statement of construction cost to the County. 2.0 Rights-of-Way and Easements: Before commencing the construction of any improvements herein agreed upon, Applicant shall acquire, at its own expense, good and sufficient rights-of-way and easements on all lands and facilities traversed by the proposed improvements. 3.0 Construction; Applicant shall furnish and install, at its own expense, the subdivision improvements listed on Exhibit "A: which is attached hereto and made a part hereof by this reference, according to the construction schedule set out in Exhibit "B" also attached hereto and made a part hereof by this reference. 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County for such public improvements. Whenever a subdivision is proposed within three miles of an incorporated community located in Weld County or located in any adjacent county, the Applicant shall be required to install improvements in accordance with the requirements and standards that would exist if the plat were developed within the corporate limits of that community. If the incorporated community has not adopted such requirements and standards at the time the subdivision is proposed, the requirements and standards of the County shall be adhered to. If both the incorporated community an the County have requirements and standards, those requirements and standards that are more restrictive shall apply. 3.2 Applicant shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the County; and shall furnish copies of test results to the County. 3.3 At all times during said construction, the County shall have the right to test and inspect or to require testing and inspection of material and work at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicant's expense. 3.4 The Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems, water, gas, electric and telephone services. 941153 3.5 Said subdivision improvements shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibit "B" . The Board of County Commissioners, at its option, may grant an extension of the time of completion shown on Exhibit "B" upon application by the Applicant subject to the terms of Section 6 herein. 4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage county may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of county or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the county or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate workman's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. (THERE IS NO SECTION 5) 6.0 Avvroval of Streets by the County: Upon compliance with the following procedures by the Applicant, streets within a subdivision may be approved by the County as public roads and will be maintained and repaired by a homeowners association or, in its absence, the owners of lots within the subdivision. 6.1 If desired by the County, portions of street improvements may be placed in service when completed according to the schedule shown on Exhibit "B" , but such use and operation shall not constitute an approval of said portions. 6.2 County may, at its option, issue building permits for construction on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit "B" , and may continue to issue building permits so long as the progress of work on the subdivision improvements in that phase of the development is satisfactory to the County; and all terms of this Agreement have been faithfully kept by Applicant. 6.3 Upon completion of the construction of streets within a subdivision and the filing of a Statement of Substantial Compliance, the applicant(s) may request in writing that the County Engineer inspect its streets and recommend that the Board of County Commissioners partially approve them. Not sooner than nine months after partial approval, the County Engineer shall, upon request by the applicant, inspect the subject streets, and 941153 notify the applicant(s) of any deficiencies. The County Engineer shall reinspect the streets after notification from the applicant(s) that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards, he shall recommend full approval. Upon a receipt of a positive unqualified recommendation from the County Engineer for approval of streets within the development, the Board of County Commissioners shall fully approve said streets as public but with private pay. 7.0 General Requirements for Collateral: 7.1 The value of all collateral submitted to Weld County must be equivalent to 100% of the value of the improvements as shown in this Agreement. Prior to Final Plat approval, the applicant shall indicated which of the five types of collateral he prefers to be utilized to secure the improvements subject to final approval by the Board of County Commissioners and the execution of this Agreement. Acceptable collateral shall be submitted and the plat recorded within six (6) months of the Final Plat approval. If acceptable collateral has not been submitted within six (6) months then the Final Plat approval and all preliminary approvals shall automatically expire. An applicant may request that the County extend the Final Plat approval provided the cost estimates are updated and the development plans are revised to comply with all current County standards, policies and regulations. The improvements shall be completed within one (1) year after the Final Plat approval (not one year after acceptable collateral is submitted) unless the applicant(s) requests that this Agreement be renewed at least thirty (30) days prior to its expiration and further provides that cost estimates for the remaining improvements are updated and collateral is provided in the amount of 100% of the value of the improvements remaining to be completed. If improvements are not completed and the agreement not renewed within these time frames, the County, at its discretion, may make demand on all or a portion of the collateral and take steps to see that the improvements are made. 7.2 The applicant may choose to provide for a phased development by means of designating filings of a Planned Unit Development Plan or Final Plat Subdivision. The applicant would need only to provide collateral for the improvements in each filing as approved. The County will place restrictions on those portions of the property that are not covered by collateral which will prohibit the conveyance of the property or the issuance of building permits until collateral is provided or until improvements are in place and approved pursuant to the requirements for a Request for Release of Collateral. 7.3 The applicant intends to develop in accordance with Exhibits "A" and "B" 9411!x' • • 8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to final approval by the Board of County Commissioners. 8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form approved by Weld County. The letter of credit shall state at least the following: The Letter of Credit shall be in an amount equivalent of 100% of the total value of the improvements as set forth in Section 6.0 and exhibits "A" and "B". The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. The issuer of the Letter of Credit shall guarantee that at all times the unreleased portion of the Letter of Credit shall be equal to a minimum of 100% of the estimated costs of completing the uncompleted portions of the required improvements, based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement (i.e. , streets, sewers, water mains and landscaping, etc. ) . The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. The Letter of Credit shall specify that 15% of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date of release by Weld county of the final 15%, or one year from the date of Final Plat approval, whichever occurs first. Said letter shall stipulate that, in any event, the Letter of Credit shall remain in full force and effect until after the Board has received sixty (60) days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of County Commissioners. 8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: 94115:.] In the event property within the proposed development is used as collateral, an appraisal is required of the property in the proposed development by a disinterested M.A.I. member of the American Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current degree of development is sufficient to cover 100% of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. In the event property other than the property to be developed has been accepted as collateral by Weld County, then an appraisal is required of the property by a M.A.I. member of the Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current state of development is sufficient to cover 100% of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. A building permit hold shall be placed on the encumbered property. 8.3 Escrow Agreement that provides at least the following: The cash in escrow is at least equal to 100% of the amount specified in the Improvements Agreement. The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Board. The escrow agent will be a Federal or State licensed bank or financial institution. If the County of Weld County determines there is a default of the Improvements Agreement, the escrow agent, upon request by the County, shall release any remaining escrowed funds to the County. 8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to 100% of the value of the improvements as specified in the Improvements Agreement. 8.5 A cash deposit made with the County equivalent to 100% of the value of the improvements. 941151 • • 9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Applicant must present a Statement of Substantial Compliance from an Engineer registered in Colorado that the project or a portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: 9.1 The Engineer or his representative has made regular on-site inspections during the course of construction and the construction plans utilized are the same as those approved by Weld County. 9.2 Test results must be submitted for all phases of this project as per Colorado Department of Highway Schedule for minimum materials sampling, testing and inspections found in CDOH Materials Manual. 9.3 "As built" plans shall be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project "as built" is in substantial compliance with the plans and specifications as approved or that any material deviations have received prior approval from the County Engineer. 9.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and state the results of fire flow tests. 9.6 The requirements in 9.0 through 9.5 shall be noted on the final construction plans. 9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of approval of the streets by the County, the applicant(s) may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 9.8 The request for release of collateral shall be accompanied by "Warranty Collateral" in the amount of 10% of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity, special district or utility company. 9.9 The warranty collateral shall be released to the applicant upon final approval by the Board of County Commissioners. 94115: 10.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant to a rezoning, subdivision or planned unit development, requires the dedication, development and/or reservation of areas or sites other than subdivision streets and utility easements of a character, extent and location suitable for public use for parks, greenbelts or schools, said actions shall be secured in accordance with one of the following alternatives, or as specified in the PUD plan, if any: 10.1 The required acreage as may be determined according to the Weld County Subdivision Regulations shall be dedicated to the County or the appropriate school district, for one of the above purposes. Any area so dedicated shall be maintained by the County or school district. 10.2 The required acreage as determined according to the Weld County Subdivision Regulations, may be reserved through deed restrictions as open area, the maintenance of which shall be a specific obligation in the deed of each lot within the subdivision. 10.3 In lieu of land, the County may require a payment to the County in an amount equal to the market value at the time of final plat submission of the required acreage as determined according to the Subdivision Ordinance. Such value shall be determined by a competent land appraiser chosen jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account to be expended for parks at a later date. 11.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of the Applicant, and upon recording by the County, shall be deemed a covenant running with the land herein described, and shall be binding upon the successors in ownership of said land. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. 941163 IMPROVEMENT AGREEMENT PRIVATELY MAINTAINED ROADS BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk to the Board BY: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney APPLICANT BY: (title) Subscribed and sworn to before me this day of , 19 • My Commission expires: Notary Public aprivate.db 941163 EXHIBIT "A" Name of Subdivision: q-NcyLO i t ,3 Filing: '-,r'-j4- / Location: Ro-f o of S 4 �� c� Qc4-i fir, Z\ Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this subdivision and as shown on the subdivision final plat County dated 19 , recorded on 19 , in Book , Page No. , Reception No. , the following improvements. (Leave spaces blank where they do not apply) Estimated Improvements Unit Cost Construction Cost Street grading 41 Z,OO At yL. 'g 313, loC0.0 Street base P 3 tan / vl IL. 'S 7.0 one),on Street paving Curbs. Eutters. & culverts Sidewalk Storm sewer facilities Retention ponds Ditch improvements Subsurface drainage Sanitary sewers Sanitary sewers Trunk & forced lines Mains Laterals (house connected) On-site sewage facilities On-site water supply & storage Water mains-Includes Bore (la°) $ 12,00 /UPI 1K Zio101- 0.60 Fire hydrants ; 7.‘Oo.Ob � t;,, $ SUOD.no Survey & street monuments & boxes Street lighting Street name signs % IA2O.OD / Ec. 4 71)0, 00 Fencing requirements Landscaping Park improvements Road Culvert 15.00 / LP # I,Iwo. 00 Grass Lined Swale Telephone # 4,00.hq / L0)- ' IO,LIOO, ao Gas L.I,Oc ! l.F Q,9i24.oc, Electric $ 4vw-tO / Lod 1$ bci3Ooo. op Water Transfer SUB-TOTAL 111 %Gb.no Engineering and Supervision Costs 3 10000, 00 (testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) 9411S3 TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 12\ 1 N.),f)Cl The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit "B" . (In corporation, to be signed by President and attested to by Secretary, together with corporate seal. ) Date: , 19 941163 • • EXHIBIT "B" Name of Subdivision: 17,O4, Jlej,-J ac..r(:i-QL.L7 Filing: k L r ',t- Location: }- 41o,. 4? ..70-41 Dn t1 -S Intending to be legally bound, the undersigned Applicant hereby agrees to construct the improvements shown on the final subdivision plat of Subdivision, dated , 19 , Recorded on , 19 , in o Book , Page No. , Reception No. , the following schedule. All improvements shall be completed within years from the date of approval of the final plat. Construction of the improvements listed in Exhibit "A" shall be completed as follows: (Leave spaces blank where they do not apply. ) Improvements Time for Completion Site grading Street base •--p-c- Street paving Curbs, gutters, and culverts Sidewalk Storm sewer facilities Retention ponds Pitch improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals (house connected) On-site sewage facilities On-site water supply and storage Water mains x •" .*3 Fire hydrants Survey & street monuments & boxes Street lighting Street name signs Fencing requirements Landscaping Park improvements Telephone Gas Electric Water Transfer Sub-Total 127 vJOtt‘h - to c)rof The County, at its option, and upon the request by the Applicant, may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. (If corporation, to be signed by President and attested to by Secretary, together with corporate seal. ) Date: , 19 941153 Hello