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Home My WebLink About930321.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 1480 - WILLIAM AND NOBLET DANKS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, pursuant to its authority under Section 30-28-101(10) (d) , CRS, as amended, did determine at a public meeting held in the Chambers of the Board, that a certain parcel of land, to be divided into two parcels, as shown on the plat known as Recorded Exemption No. 1480, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land", and WHEREAS, the request for Recorded Exemption No. 1480 was submitted by William and Noblet Danks for property which is located in part of the SWa of Section 6, Township 4 North, Range 63 West of the 6th P.M. , Weld County, Colorado, being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A", said plat to be recorded, and WHEREAS, this request is to divide the property into parcels estimated to be approximately 154 acres and 6 acres. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove described parcel of land be, and hereby is, exempt from the definition of the terms, "subdivision" and "subdivided land". BE IT FURTHER RESOLVED by the Board that this approval is conditional upon the following: 1. A Weld County septic permit is required for the proposed home and its septic system shall be installed according to the Weld County Individual Sewage Disposal System (ISDS) regulations. 2. Prior to recording the plat, the applicant shall submit evidence that an ISDS evaluation has been completed by the Weld County Health Department on all existing septic systems. 3. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 11. 7 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty (60) days from the date of approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fees. 930321 Pc WV) cc : rsir`t RE: RE #1480 - DANKS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of April, A.D. , 1993. ATTEST: D �� BOARD OF COUNTY COMMISSIONERS WCOUNTY, COLORADO Weld County Clerk to the Board WEL ;�-/,4. ��i�[ rb��C. ai rman!' Constnce L. Harbert, Chairman BY: 4441l-Zi[ /Jilt lI 'd 4'it .l.i1-f'��i�1�'/l Deputy Clerk to the Boa r W. H. ebster, Pro- em D S TO FORM: 0 ,,. e eorgeBaxter ---n ounty Attorn y DaTe K. Hall 4 GetgA "'".- -0 • c 11c.2 t� /Barbara J. Kirkmeye O 930321 0 et to , At ' DEPARTMENT OF PLANNING SERVICES IDPHONE(303)353- 45, EXT. 3540 illWELD COUNTY ADMINISTRATIVE OFFICES O1400 NRAAVENUE GREELEY, COLORADO 80631631 COLORADO April 14, 1993 Board of County Commissioners Weld County Centennial Center 915 Tenth Street Greeley, CO 80631 Subject: Recorded Exemption 1480. Dear Commissioners: This request for a recorded exemption is submitted by William and Noblet Danks. The parcel of land is described as the SW4 of Section 6, T4N, R63W of the 6th P.M. , Weld County, Colorado. The property is located on the east side of Weld County Road 61, one-half mile south of Weld County Road 50. The request is to divide the property into two parcels of 154 acres and 6 acres, more or less. There is an existing residence and other accessory structures located on the proposed 6 acre parcel. The applicants have also applied for a recorded exemption on the adjacent 160 acres in the southwest quarter of this section being considered as Recorded Exemption 1479. Central Weld Water District provides domestic water service to the property. Sewage disposal is proposed as septic systems. The Weld County Health Department has no objections to this request. The Department of Planning Services' staff recommends approval of this request. It is the opinion of the staff that this request complies with the standards of Sections 11.5.1 through 11.5.6 of the Weld County Subdivision Ordinance. Our office received a letter from Mr. Roy Rothe, a surrounding property owner. Mr. Rothe has requested that a child proof fence be erected between the existing residences and the ditch on Weld County Roads 61 and 50. The staff would like the Board to consider Mr. Rothe' s request and take whatever action it deems necessary. Sincerely, C\\L' (\�'_ �aWA11�A1,}i / A�iX` 1 1 Chuck Cunliffe, AICP Director CAC/sfr 930321 CONDITIONS OF APPROVAL William and Noblet Danks RE-148O 1. The applicants shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 11.7 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty (6) days from the date of approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fees. 2. A Weld County septic permit is required for the proposed home septic system and shall be installed according to the Weld County Individual Sewage Disposal System (ISDS) Regulations. 3. Prior to recording the plat, the applicant shall submit evidence that an ISDS evaluation has been completed by the Weld County Health Department on all existing septic systems. k 4O121 Kersey, Colo. March 25, 1993 Dept. of Planning Services 1400 "1. 17 t: . Ave. Greeley, Colo. Att; Chuck Cunliffe-Di vector Care Number; RE-1479 Leg.,t1 Description SW4 Sec . 6-4-63 Weld county, Colo . Road 61 Request to divide 160 acre parcel Case Number RE-148{) Leval Descriptiox. Sec . G-4-63 Net i Cori by , Colo. Road 5) Pecuest to divide 160 acre p ircel. T am writing in regard to the above requests. I am very concerned about the open irrigation ditch that runs in front of the residences on road 61 and road 50, if they are separeted from the farm land. T would like to go on record as saying that 1 will not be responsible for any accident i'i or near 'ay Irrigation ditch. I would request ;11.at the persons wishing to divide the above properties e^ect =a chP i goof fence between the residences and my ditch , leaving room for me to properly maintain any irrigation ditch. T anent no responsibility for maintaining the crossings ever ;r:y irr. iaation ditch to any arld all of the above residences. No water will be siphoned from ::,y iorige.t ::F•a ditch for the purpose of irrigating the above proposed divided 5 acre and 6 acre parcels. 3ircerI. Roy W. Ro G :e Lv v fl MAR 2 a 1993 ill "PM rpr, r1aRAIR I p 920 121 1 •,1. r'` a '•.� I; .:•w a G•S'.� ,. ' n• . u' Ie • n\.N • 11`— 1•• C ' • 3 r f •f • tvv I• •it I ® • . B11RNF9YILL'. • .T 27 cP 35 .. is !d 1! _ oft :IOW 50 . I�} • 1111 o rzanw • I •tonal IC , * pM••,.wTTKE: Oil tF V I • —�� 1 • m • a • xx JJ�I a I x ,I31 1 \ 20 •, _ 2' l'l u 4 ' 24 r * •22 23 6_0.• I, men I . • • , - ^I�. - N/ON PACIFIC 1 1 1 • T- •GILL 1 �0 5.ELtY ;� •clay , -nxrnn a l' w I• ' _ I zs L.__ I ,i a I a ' , 3' a ` Il ' 6 L • . I. I .„ • �. E i!!!��,,'''r••••••.aaaaaa,f N� ti a• 31 I 35 o t _ _•_ • I at cc . . 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ADMINISTRATIVE REVIEW FLOW SHEET CASE 147E-1 � APPLICANT: til i,(k (444_ o d 1\,),-) 3 te:( UL3 h REQUEST: Q� r'C 2[ LEGAL: �� \iV ti ``1 �- LOCATION: tT'J Q Q( Co &1 P 50 Oivi ri VV t`/ (al Date By Application received 211' , Application complete -5/3 fL.3 Letter to applicant drafted Referrals listed :3/5/7q3 AL" File assembled 3-5 Letter to applicant mailed 3 _ Referrals mailed iJ q) Chaind exed DPS recommendation drafted QC Gvvr� n 4, Q3 ��/W 1. Administrative Review decision: Mid-, 414 1 V'? ' /°►f History card completed COMMISSIONERS' HEARING DATE: `i" �,� f C{ Date By Air photo and maps prepared Field check by DPS staff 31\51413 to •A _1 /mow/ CC Action: fqh0yrOVC.1560/C04ANc.el �� i�1qn �^,�,,,7 vi/6r CC resolution received History card completed Recorded on maps and/or filed g" Q3 .S6(,) APPLICATION FOR RECORDED EXEMPTION PHONE: 356-4000, Ext. 4400 Department of Planning Services, 915 10th Street, Greeley, Colorado 80631 FOR PLANNING DEPARTMENT USE ONLY: n C-f) RE yI�Q APPL. FEE CASE NO. ')� E i gig O RECORDING FEE Q ZONING DISTRICT V( cctl k raA RECEIPT NO. 1610-3 DATE 5 )4) APPL. CHECKED BY 0.41C./-. TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) I (we) , the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners. LEGAL DESCRIPTION: Northwest Quarter (NW-1/4), Section 6, Township 4 North, Range 63 West of the 6th P.M., Weld County, CO TOTAL ACREAGE: 160 Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No x Is this parcel of land under consideration the total contiguous la EiN d� b the applicant? Yes x No L V r1II FEE OWNERS OF PROPERTY: I MAR 0 2 1993 di Name: William C. banks and Noblet B. banks Veld r^m.h+Plnnnlne Address: 3033 East 1st Ave. #303, Denver, CO 80206 Phone: 377-5542 Name: Address: Phone: Name: Address: Phone: Proposed WATER SOURCE: Larger Parcel Central Weld Smaller Parcel Central Weld TYPE OF SEWER: Larger Parcel Proposed Septic Smaller Parcel Septic PROPOSED USE: Larger Parcel Agriculture Smaller Parcel Rural residence ACREAGE: Larger Parcel 154 Smaller Parcel 6 EXISTING DWELLINGS: (Yes or No) No (Yes or No) Yes I hereby depose and state under the penalties of perjury that all statements, proposals, and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD STATE OF COLORADO ) 4.1/4,0;". i C Signature: Owner or Authorized Agent Subscribed and sworn to before me this 4", day of /2't.*'i-ctg , 19 `j-'1. (SEAL) ) Notary Public 2fie, 3 '3 F. CZ-,. _. !h 30n My Commission Expires rte, 3, /'2"./C: RECORDED EXEMPTION AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No, Subject Property Northwest Quarter (NW-l/4), Section 6, Township 4 North, Rg. 63 West of 6th P.M., Weld County, CO 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 fcLregoing instrument was subscribed and sworn to before me this 4.1 day of / ._._:.;,, , 19 WITNESS my hand and official seal. My Commissi! ,crtres':'. '4, a 0 / BONNIE J. • II / e BRETItiAilER i Notar Pu li� £' ç<2 Or GOV'ate 920121 • PARCEL# : 105106000014 ,J# : 0061388 OCCUPANCY CODE RESIDENTIAL OWNER(S) : TURMAN LOUIS W & SUSAN C OWN ADDR : 30770 WCR 50 KERSEY ,CO 80644- LEGAL : 7397-B PT NE4NE4 6 4 63 BEG NE COR OF SEC THENCE N89D58'W 696.81 ' TO TRUE POB CONT N89058 'W 500 . 69 ' SODO1 'W 174 ' S89D58'W 500. 69 ' NOD01 ' E 174' TO TRUE PARCEL# : 105106000013 PIN# : 0061488 OCCUPANCY CODE: OWNER(S) : MC CAULEY C W & JUANITA L OWN ADDR: 26784 WELD CO RD 45-1/2 GREELEY ,CO 80631- LEGAL : 7397 E2 6 4 63 EXC BEG N89D58'W 696. 81 ' FROM NE COR OF SEC CONT N89058 'W 500 . 69 ' SODO1 'W 174 ' S89D58 ' E 500 . 69 ' NOD01 ' E 174' TO BEG L B REC PARCEL# : 105107000009 PIN# : 0045291 OCCUPANCY CODE: F OWNER(S ) : FRASIER LARRY E & SANDRA OWN ADDR: 22955 WELD CO RD 61 KERSEY ,CO 80644- LEGAL : 7402-D SW4NE4 7 4 63 PARCEL# : 105107000010 PIN# : 0045391 OCCUPANCY CODE: F OWNER(S ) : WAREHIME JULIA & CLINTON OWN ADDR: 118 1 ST KERSEY ,CO 80644- LEGAL: 7402 E2NE4 & NW4NE4 7 4 63 (2D) PARCEL# : 105107000004 PIN# : 4246186 OCCUPANCY CODE : OWNER(S) : FRANK WILLIAM B OWN ADDR: 1443 41 AVE GREELEY ,CO 80634- LEGAL : 7404 NW4 7 4 63 (8S5D2R) PARCEL# : 096336000017 PIN# : 4177386 OCCUPANCY CODE: F OWNER(S) : ROTHE FRANK W & MARY OWN ADDR: 1312 42 AV GREELEY ,CO 80634- LEGAL: 9560 SE4 36 5 64 EXC OG&M ( 1D4R) PARCEL# : 096531000012 PIN# : 4188286 OCCUPANCY CODE: F OWNER(S) : ROTHE ROY W OWN ADDR: 24334 WCR 61 KERSEY ,CO 80644- LEGAL: 7535 SW4 31 5 63 (4R) PARCEL# : 105301000027 PIN#: 0124791 OCCUPANCY CODE: F OWNER(S) : HAUSE GREGORY A & LORI J OWN ADDR: 29742 WCR 50 KERSEY ,CO 80644- LEGAL : 8806 PT N2NE4 1 4 64 BEG NE COR OF SEC THENCE W1020.54' TO TRUE POB CONT W366.47 ' THENCE SO2D47 'W 244 . 14' S01D34 ' E 344.75 ' THENCE S89D35' E PARCEL# : 105301000028 PINS : 0124991 OCCUPANCY CODE: OWNER(S) : MILLAGE BROTHERS INC OWN ADDR : 22744 WCR 59 KERSEY ,CO 80644- LEGAL: 8806-A N2NE4 1 4 64 EXC E42 ' DEEDED TO WELD COUNTY BK 130 PG 172 ALSO EXC BEG NE COR OF SEC W1020. 54' TO TRUE POB THENCE CONT W366 . 47 ' PARCEL# : 105301000013 PIN#: 4254186 OCCUPANCY CODE: F OWNER(S) : FOOS STEVEN P & LISA OWN ADDR: 23435 COUNTY RD 61 KERSEY ,CO 80644- LEGAL: 8808 SE4 1 4 64 (4R20)%23435 WELD CO RD 61% PARCEL# : 105301000014 PIN# : 4254386 OCCUPANCY CODE: F OWNER(S) : REIN JOHN & MOLLIE OWN ADDR: 23679 WELD CO RD 61 KERSEY ,CO 80644- LEGAL : 8807 S2NE4 1 4 64 ( 1R1D) %23679 WCR 61% 930121 RECORDED EXEIIPTIO, AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE ESTATE. Application No. Subject Property Northwest Quarter (NW-1/4), Section 6, Twn. 4 North, Range 63 West of 6th P.M., Weld County STATE OF COLORADO ) as COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land under as their names appear upon the records in the Weld County Clerk and Recorder's Office or from an ownership update from a title or abstract company or an attorney. The foregoing instrument was subscribed and sworn to before me this --U4 day of � � , l9 ,J WITNESS my hand and official seal. My Commission Expires: 7201( 3, /I94" "cc //,� .� , /-tm.at-L� Notary Public 4' 733 % th'a e. $3.3 . rte d v C49 P'Oa.-z' 930321. NAMES OF_MINI.RAL OWNERS AND LESSEES OF MINERALS Please print or type sigg ROTHE FARM ADDRESS, TOWN/CITY, STATE AND ZIP CODE Owner William C . and Noblet B . Danks 3033 E. 1st Ave . #303 Denver CQ 8Q.2Q6_. Lessee Basin Exploration , Inc . 370 17th Street #1800 Denver CO 80202 92.0121 TO: Weld County Department of Planning RE: Recorded Exemption Application for the NW-1 /4 of Sec. 6 , Twn . 4 North , Rg. 63 West of 6th P.M . , Weld Co. OWNER: William C. Danks and Noblet B . Danks Item 4. We purchased this farm several years ago as an investment, and have no need for the improvements . Our current tenants of the improvements want to purchase the improvements for their principal residence. We are very interested in selling to them. Your consideration to this exemption would be greatly appreciated . Item 5. This proposal is consistent with the policies of the Weld County Compreshensive Plan because: (A) No lot has been created by a recorded exemption within the last 5 years ( B) The smaller parcel is non productive agriculture land improved by a single family residence as it has been for many years. (C) The recorded exemption shall have access from Weld Co. Rd. 50 which is a county road right of way. Item 6. This proposal is consistent with the intent of the Zone District which is agriculture . Item 7 . The large parcel will be operated as a farm agriculture unit as it has been used in the past. The small parcel will be used as a rural residence. Item 8. The uses permitted will be compatible with future development, because there has been no lot split within the last 5 years, and the land is surrounded by irrig. agriculture land and rural residences. It is unlikely that there would be any major future development in the area other than those approved by the planning and zoning regulations of Weld County . The location of this property will not affect any master plan of any municipality . Item 9. This proposal is not inconsistent with the efficient and orderly development of the county. Item 10. The domestic water for the small parcel is supplied by Central Weld Water District (see letter attached ) . Sewage disposal is by means of a septic system. The domestic water for the large parcel would be proposed Central Weld and the sewage disposal would be by means of a new septic system. Item 11 . To the best of our knowledge, the property under consideration is not located in a flood plain , and is not located in the Weld County Airport Overlay �] p f)ist.rict. �7' 0n1 aWa CENTRAL WELD COUNTY WATER DISTRICT January 19, 1993 William C. Danks 3033 E. 1st Ave. #303 Kersey, CO 80644 RE: Water Service Dear Mr. Danks: This letter is in response to your request for the availability of additional water service for the following described property: NW 1/4 Section 6, Township 4, Range 63 (4R-4 Sht.) Water service is presently available to the above described property by tap number 338 located at Weld County Road 50 between Weld County Roads 61 & 63. Additional water service can be made available to this property provided all requirements of the District are satisfied. 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. Sincerely, CENTRAL WELD COUNTY WATER DISTRICT isAnef-A/‘-1 Zadel General Manag r JWZ/eaj 930121 2235 2nd Avenue • Greeley. Colorado 80631 • (303) 352-1284 • John Zadel, General Manager Existing Access Weld Co. Rd. 50 0 old 0 oil tank labor�-'f housepHouse I Lot — 6u Acs. M/L fl shed iN X oil well N Northwest Quarter (NW-1/4) Sec. 6, Twn. 4N, Rg. 63 West Lot B — 154 Acs. M/L oil tank oil well O X 930't21 ,i .t,..- . I 1 , t r10� ' � ,, M0.P [ 1 — a \tE-.LD ( a ko ASE 1,,,.....tti Y.V I,,. I'�: .., ,.„ f �� .1.1 •',, ,--3,',;,,'D r i o f'"F '' ,. 'ur R w Y i�![1, , �•6 r !1• -.14 1 ••nr `'t'4, X ` ,Si r { •. . 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Ill J? .r I If . ,{'� `� Y Y�' mss \ .. i f r { __— voter .t N 11 1 iri • 4r t I • • l' vrg7' , r I > , • Eli � --• f ! --_._ � REFERRAL LIST NAME: William and Noblet Danks CASE NUMBER: RE-1480 REFERRALS SENT: March 5, 1993 REFERRALS TO BE RECEIVED BY: March 19, 1993 COUNTY TOWNS and CITIES _Attorney _Ault X Health Department Brighton _Extension Service _Broomfield Emergency Management Office _Dacono _Sheriff's Office _Eaton Engineering _Erie Housing Authority _Evans Airport Authority Firestone _Building Inspection _Fort Lupton _Frederick STATE _Garden City Division of Water Resources _Gilcrest _Geological Survey _Greeley _Department of Health Grover Highway Department _Hudson Historical Society _Johnstown Water Conservation Board _Keenesburg Oil and Gas Conservation Commission Kersey La Salle FIRE DISTRICTS _Lochbuie Ault F-1 Longmont _Berthoud F-2 _Mead Briggsdale F-24 _Milliken _Brighton F-3 New Raymer _Eaton F-4 _Northglenn _Fort Lupton F-5 _Nunn Galeton F-6 _Platteville Hudson F-7 Severance _Johnstown F-8 Thornton La Salle F-9 _Windsor _Mountain View F-10 _Milliken F-ll COUNTIES Nunn F-12 _Adams Pawnee F-22 Boulder Platteville F-13 _Larimer _Platte Valley F-14 Poudre Valley F-15 FEDERAL GOVERNMENT AGENCIES Raymer F-2 US Army Corps of Engineers Southeast Weld F-16 USDA-APHIS Veterinary Service _Windsor/Severance F-17 _Federal Aviation Administration Wiggins F-18 Federal Communication Commission _Western Hills F-20 SOIL CONSERVATION DISTRICTS OTHER _Brighton Central Colo. Water Conservancy Dist. Fort Collins Panhandle Eastern Pipe Line Co. _Greeley Tri-Area Planning Commission _Longmont West Adams COMMISSION/BOARD MEMBER 920121 mEmoRAn�um� �ifQ9scipMR G � • ^ I r, !9q Wilk. Chuck Cunliff ^,rprr t To Weld County Planning Date March 9, 1993 COLORADO From John S. Pickle, M.S.E.H. , Director, Environmental Hea Subiecttase Number: RE-1480 Name: Danks, William & Noblet Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed home septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 2. An I.S.D.S. Evaluation on all existing septic systems will be necessary prior to issuing the required septic permits on the existing systems. JSP/jg-445 920t9 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number RE-1480 for William and Noblet Danks in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 15 day of March, 1993. 930121 SURROUNDING PROPERTY OWNER AND/OR SUBSURFACE ESTATE/MINERAL OWNERS William and Noblet Danks RE-1479 Louis W. and Susan C. Turman 30770 Weld County Road 50 Kersey, CO 80644 C.W. and Juanita L. McCauley 26784 Weld County Road 45 1/2 Greeley, CO 80631 Larry E. and Sandra Frasier 22955 Weld County Road 61 Kersey, CO 80644 Julia and Clinton Warehime 118 1st Street Kersey, CO 80644 William B. Frank 1443 41st Avenue Greeley, CO 80634 Frank W. and Mary Rothe 1312 42nd Avenue Greeley, CO 80634 Roy Rothe 24334 Weld County Road 61 Kersey, CO 80644 Gregory A. and Lori J. Hause 29742 Weld County Road 50 Kersey, CO 80644 Millage Brothers Inc. 22744 Weld County Road 59 Kersey, CO 80644 Steven P. and Lisa Foos 23435 Weld County Road 61 Kersey, CO 80644 John and Mollie Rein 23679 Weld County Road 61 Kersey, CO 80644 930121 SURROUNDING PROPERTY OWNER AND/OR SUBSURFACE ESTATE/MINERAL OWNERS William and Noblet Danks RE-1479 Page 2 John William Haefeli 1931 14th Avenue Greeley, CO 80631 Joseph L. Haefeli Julianne Fisher Haefeli 2008 18th Avenue Greeley, CO 80631 Gerrity Oil and Gas Exploration 4100 E. Mississippi #1200 Denver, CO 80222 930121 DEPARTMENT OF PLANNING SERVICES WilDee PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO DATE: March 15, 1993 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: RE-1480 An application has been received by the Department of Planning Services concerning the request of: NAME: William and Noblet Danks FOR: Recorded Exemption LEGAL DESCRIPTION: NW4 of Section 6, T4N, R63W of the 6th P.M. , Weld County, Colorado. LOCATION: At the southeast corner of Weld County Road 50 and Weld County Road 61. The request is to divide a 160 acre parcel of land into two parcels of 154 acres and 6 acres, more or less. Your property is within five-hundred (500) feet of the property on which this request has been made. For additional information write or telephone, Chuck Cunliffe, Director. The failure of a surrounding property owner or owner or lessee of the mineral estate to respond within fourteen (14) days of the date of this notice may be deemed a favorable response by the Department of Planning Services. 930121 FIELD CHECK FILING NUMBER: RE-1479 DATE OF INSPECTION: March 15, 1993 APPLICANT'S NAME: William and Noblet Danks REQUEST: A Recorded Exemption. LEGAL DESCRIPTION: The SW4 of Section 6, T4N, R63W of the 6th P.M. , Weld County, Colorado. LOCATION: The east side of Weld County Road 61, approximately 1/2 miles south of Weld County Road 50. LAND USE: N Agriculture. E Agriculture. S Agriculture. W Agriculture. ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: The submitted plot plan does not accurately show all the existing improvements located on the property. There is oil and gas production equipment located on the property. There are three access existing to the property from Weld County Road 61, which is a gravel surfaced road. The surrounding properties in this area appear to be at least 80 acres in size and larger, with some dwellings existing in the surrounding neighborhood. The property appears to have been in agricultural production in the past. C N ca s * Director 92012A Order No. 8507512A WELD COUNTY CERTIFICATE OF CONVEYANCES DEPARTMENT OF PLANNING SERVICES STATE OF COLORADO ) COUNTY OF WELD The Transamerica TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972. LEGAL DESCRIPTION: The NW1/4 of Section 6, Township 4 North, Range 63 West of the 6th P.M. , County of Weld, State of Colorado. CONVEYANCES (if none appear, so state) : Reception No. 1697749 , Book776 Reception No. 02272349 , Book1120 Reception No. , Book Reception No. , Book Reception No. , Book Reception No. , Book Reception No. , Book Reception No. , Book This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title nor an opinion of Title, nor a guarantee Title, and the liability of Transamerica Title Insurance COMPANY is hereby limited to the fee paid for this Certificate. In Witness Whereof, Transamerica Title Insurance COMPANY has caused this certificate to be signed by its proper officer this 20th day of Januayr , A.D. , 1993 . at 7:00 A.M. o'clock. Transamerica Title Insurance Company COMPANY By: a/tes c kr ruzz FSv AUTHbble SIGNATURE 930 ,E e. I 1 1 �.. �. .1.. n.J..-may .�...r.. .• _ _ dr 4 776 R.00,a.a ea_ ____ &deck• 1° '• AUG 311976 — , N R.c.No.--fit D42.Mon Mn r•.as Rec S •it,, _ EXCHANGE DEED -J Mr x betweeTHIS EXCHANGE DEED, Made this n , day of �S„� , A.D. 1976, __ I TERRY L. ROTHE and MARILYN ROTHE, husband and wife, Joint tenants . _ _ _.of the..County of Weld and State of Colorado, Parties of the First Part, and _ WALLACE H. ROTHE and RUTH R0THE, his wife, 0, nof the County of Weld and State of Colorad, Party of the Second Part,WITNESSETH: „ _ That the Parties of the First Part hereby grants, bargains and sells .-, unto the Party of the Second Part, his succc........, and assigns, the following -- described property situate in the COUNTY OF WELD and STATE OF COLORADO, to-wit: ` .o The West Half (Wl/2) of Sed'aon Po. - (4), Townsnip Pour (4) North, „. `�" t- hangs Sixty-three (63) West of the 6th P.M. , and that Dart of the - �'- - e• Esat Half (E1/2) of said Section 4 described as follows: Beginning •T`= - o at a point 2159 feet West of the Northeast corner of said Section; O thence South 5417 Feet to the South line of said Section; thence West to the center of said Section; thence North to the North line of said Section; thence East to the place of beginning, together with 1 share of the Lower Latham Reservoir Co., 2 shares of the Lower -- n~+ Latham Ditch Co., and 1 share of the Lower Latham Extension Ditch Co., • '- •: and 1 irrigation well, including pumping machinery. Said well having } Q been registered and adjudicated under No. W-955, Weld County Water District No. 1. — _ with all its appurtenances, and warrant the title to the same, subject to 1976 taxes due and payable in 1977 Deed of Trust to Travelers Indemnity Co.,record - Al ed June 3,1975 under Rec.No.16617;C Weld Co. Records and UCC Financing State- - ment,reeorded June 13, 1975 under Rec.No.U9237b, Weld Co. Records. - - And Party of the Second Part hereby grants, bargains and sells to Parties of - -. the First Part, their heirs and assigns, the following described real property situate in the:COUNTY OF WELD and STATE OF COLORADO, to-wit: �- The Northwest Quarter (NWI/4) of Section Six (6), Township Four : _ _ . (4) North, Range Sixty-three (63) West of the 6th P.M., together - -_ with 2'shares of the Lower Latham Ditch Co., 2 shares of the Lower -- Latham Reservoir Co., 2 shares of the Lower Latham Extension Ditch Co., and 1 irrigation well and pumping plant. - ' with all its appurtenances, and warrants the title to the same, subject to 1976 taxes due and payable in 1977 -- - Subject to the lien of a mortgage to the Federal Land Bank of Wichita in the sue of $125,000.00, executed or to be executed by the grantcea named herein. - _ p`r�Signed and delivered the day and year first above �wJritten. ' • // //, rry i. Rothe Wal aceT�� H. Rdt$e ---- — '� ` ' 74 ,, / - SECOND PARTY � - _ _ / r yn Rothe ' J '7i C)) - ( FIRST PARTIES `�'�"`" —� __. -- STATE OF COLORADO ).. Ruth Rothe -- - COUNTY OF pia.. SECOND PARTY . .0- _ kid,. . , fig instrument was acknowledged before me this josh day of Augu$t;'A', by TERRY L. ROTHE and MARILYN ROTHE, husband and wire, - and-eapnlW hhie �,First Parties and by WALLACCgg µ R�THE, Second Party,e sd MY�'1`tlFg9STM hand and official seal. ROTx pbTH second party, s �y ' '^J'ff6s®�IC on expires AMalws .ew,.hw.ts.i rm I s , _ //:14-14,11k M `..,l.. -.4;1otary,�.{.Pub11 -. -- s • itio El 1320 REC 02272349 12/16/91 16:00 $5.00 I!DU1• AR22723t1 F 0809 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, D.0 WARRANTY DEED . THIS DEED,Made this 13th day of December • I. 19 91 - .between Terry L. Rothe and Marilyn Rothe -' "' - -- -- - •-----.--- ----- P of the .County of Weld and __ — I Staled Colorado,grantor.and Sli-3 DCCom>n^;Fee i : William C. Darks and Noblet B. Danks Date /J" /L • /{'1. -- I t - whose legal address is 3033 East 1st Avenue, Suite 303 _ — - - - - Denver, Colorado 80206 ��r-- -- - oldie County of Denver and State of Colorado.grantees: Jam— WITNESS.that the grams,for and in comideraion of the sum of - _ _ _. . One Hundred Seventy Thousand and 00/10oths DOLLARS. the receipt and sufficiency of which is hereby acknowledged,has grimed,bargained.sold and conveyed,and by these presents dots . -._ -...__. grant.bargain.sell,omvey and confirm unto the grantees,their heirs and assigns forever,nor in tenancy in common but in Joint tenancy. • all the real property,together with improvements,if any,situate,lying and being in the County of Weld and State of Colorado,described as follows: - The NW 1/4 of Section 6, Township 4 North, Range 63 West of the 6th P.M. ---- -- - TOGETHER WITH Two shares of the capital stock of the Lower Latham Ditch " - - Company, One and one-half shares of the capital stock of the Lower Latham — --'- --- -N Reservoir Company and two shares of the capital stock of the Lower Latham ..... - .. .-' Doc,DQ li Extension Ditch Company r7• co TOGETHER WITH Irrigation Well No. 2, Permit No. 2-13960 as adjudicated in ! Case No. W3705 --- Including 1005 of the mineral interests subject to existing leases. ----- -- -. -- '- _ -_ -- also known by weed and number as 30150 Weld County Road 50 --_._ ... ! _.._.. Kersey, Colorado 80644 TOGETHER with all and singular the hereditanents and appurtenances thereunto belonging,or in anywise appertaining owl the ' ii resersion and reversions.remainder and remainders,rents,issues and profits thereof,and all the estate,right.title,interest,claim and demand whatsoever of the grantor,either in law or equity.of.in and to the above bargained premises,with the hereditantents and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantees.their heirs and assigns forever.And the grantor,for himself,his heirs and personal representatives,does covenant,grant,bargain and agree to and with the grantees,their heirs and assigns,that at the time of theensealing and delivery of these presents,he is well seized of the premises above conveyed.has good,sum,perfect,absolute and indefeasible estate of inhenlance.in law,in fee simple,and has good nghs.full power and lawful authority to grant,bargain,sell and convey the same in manner and form aforesaid,and that rte same are free and clear from all former and other grants.bargains,sales,liens,taxes,useamcnu,encumbrances and restrictions of whatever kind or nature soever.except general taxes for 1991 and subsequent years; except easements, restri ctions, covenants, conditions, Irons, reservations, and rights of way of record, if any; except Deed of Trust in favor of The Federal Land Bank of • II Wichita recorded June 21, 1976 in Book 770 as Rec..NO. 1691776, which• • The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable -_ pomrsm ofsi rite grantees, their heirs and assigns.against all and every person or persons lawfully claiming the whole or any pail • The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. • IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. • *parties of the second park hereby assume and agree to pay. I dl 7 i Terra,/ L. Rot `�ya{ r usCl:e NiJ STATE OF COLORADO II }County of Weld a The instrument foregoing was acknowledged before me this 13th day of December ,19 91 , Terry L. Roth* and Marilyn Rothe MIL. My Commission spas December 1 .19 94 . dr G-1.N(..Lf I-.h /- ri L—, 1113 10th Avenue Greeley, CO. 80631 ' I 'If in Denser.insert and.' ---et T No.Ella-Rev.}1{,WARRANTY DEED at Lem'Dram r /yam '. Y•b W a hNif.174)Mats Si..Orem.Cepro;-15011 A1gYA—ti-tn 9301tii _. • 04-13-1993 15:52 3033211139 A PHIPPS / W DANKS P.01 WILLIAM C. DANKS ATTORNEY AT LAW THE RANK Of CHERRY CREEK WLLDIM6, SUITE 303 3033 CAST FIRST AVIMUE DENVER, COLORADO A02D8 (303) 371-5542 TELUCOPLCC (303) 321.1139 April 13, 1993 Chuck Cunliffa, AICP Department of Planning Services Weld County Administrative Offices 1400 N. 17th Avenue Greeley co 80631 Via FAX 351-0978 Re: Requests for Recorded Exemptions: 1479 & 1480 Dear Mr. Cunliffe: Unfortunately, I will not be able to attend the hearing on April-14, 1993. However, Mr. Bob Kreps ha■ agreed to appear at the hearing on my behalf. After receiving your notification letter on April 10, 1993, I spoke with Mrs. Roy Rothe concerning their objections. If the recorded exemption is granted, it is anticipated that one of the 5 acre tracts will be sold to their relatives, Mr. and Mrs. Terry Rothe. Mr. and Mrs. Terry Rothe have had their home on the property for many years. Indeed, I believe that Mr. Terry Rothe was born on the property. The other 5 acre tract will be sold to Mr. and Mrs. Bob Holderness who have also lived in their home for many years. Both the "Rothe Farm" and the"Holderness Farm" are irrigated farms. We have water rights from the Lower Latham Reservoir. We are free to lease some of the water rights to Mr. and Mrs. Terry Rothe so that they can irrigate the 5 acre tract. I assured Mrs. Roy Rothe that the water would be allocated legally and not "siphoned" from the ditch. The irrigation ditch where it runs along the side of the two farms is not more than 2 feet deep as it carries water only to the Roy Rothe property beyond our farms. I do not consider it a hazard to small children and there are no small children in the area. The children of Mr. and Mrs. Terry Rothe are grown as are the Holderness children. Furthermore, it seems that the liability APR 13 '93 15:08 3033211139 PAGE.001 04-1..3-1993 15 : 53 .5O.5d111.3 A PH I PPS / W DANKS P. 02 would belong to those over whose land the ditch is located . In addition , the situation will be exactly the same as it is at present . I have also spoken with Mr . Terry Rothe and Mr . Bob Holderness . They may be able to attend the hearing . If the Commission anticipates placing any restrictions , I would request a continuance of the hearing to a future date . Thank you for your assistance . Sincerely , lij•cao;n. de avya.4--• Willits C . banks WCD ; btb cc Mr . Bob Kreps • • c:WP\CUNLIFFE.LTR APR 13 ' 93 15: 09 3033211139 PAGE . 002 DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT. 3540 NapWELD COUNTY ADMINISTRATIVE OFFICES O 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 • COLORADO April 8, 1993 William and Noblet Danks 3033 East 1st Avenue #303 Denver, CO 80206 Subject: RE-1479 and RE-1480 - Request for Recorded Exemptions on a parcel of land described as part of the W2 of Section 6, T4N, R63W of the 6th P.M. , Weld County, Colorado. Dear Mr. and Mrs. Danks: I have scheduled a meeting with the Board of County Commissioners on Wednesday, April 14, 1993 at 9:00 a.m. to consider your applications. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have with respect to your applications . I have enclosed a copy of a letter our office received from an adjacent property owner concerning your applications. The Department of Planning Services' staff will make a recommendation concerning these applications to the Board of County Commissioners. It is the responsibility of the applicant to call the Department of Planning Services' office a few days before the date of the Commissioners' hearing to obtain the recommendation. If you have any questions concerning this matter, please call me. C---64AL^ C Chuck Cunliffe, AICP Director pc: Bob Kreps 928 13th Street, Suite 1 Greeley, CO 80631 enclosure DEPARTMENT OF PLANNING SERVICES PHONE(303) 353-3845, EXT. 3540 WI I DWELD COUNTY ADMINISTRATIVE OFFICES 140C. EY, N. ORAAVENUEO631 GREELEY, COLORADO80631 COLORADO March 5, 1993 William C. and Noblet B. Danks 3033 East 1st Avenue, #303 Denver, CO 80206 Subject: Recorded Exemption RE-1480. Dear Mr. and Ms. Danks: Your recorded exemption application is complete and in order and will be processed on or before April 5, 1993. If it is determined that the application meets the approval criteria of Sections 11.4.4.1 through 11.4.4.6 of the Weld County Subdivision Ordinance, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria, you will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. If you have any questions concerning this matter, please call me. Sincerely, C.—.-\\b 1-511\4-/ Chuck Cunliffe, AICP Director 920121 DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140O GREELEY, N. ORAAVENUEO631 COLORADO 80631 COLORADO Date: March 5, 1993 CASE NUMBER: RE-1480 TO WHOM IT MAY CONCERN: Enclosed is an application from William and Noblet Danks for Recorded Exemption. The parcel of land is described as the NW4 of Section 6, T4N, R63W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is at the southeast corner of Weld County Road 50 and Weld County Road 61. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by March 19, 1993, so that we may give full consideration to your recommendation. Please call Chuck Cunliffe, Director, 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: 920'191 Hello