The URL can be used to link to this page

Browse Search

Home My WebLink About941183.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION #1668 - OSTER 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 #1668, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land", and WHEREAS, the request for Recorded Exemption#1668 was submitted by James, Lelia, and Donna Oster, 19923 Weld Colunty Road 43 LaSalle, CO 80645, for property which is known as Lot B of RE #355, located in part of the N 1/2 N 1/2 NW 1/4 Section 27, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado, being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A", said plat to be recorded, and WHEREAS, this request is to divide the property into parcels estimated to be approximately 32 acres and 7 acres. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove described parcel of land be, and hereby is, exempt from the definition of the terms, "subdivision" and "subdivided land". BE IT FURTHER RESOLVED by the Board that Recorded Exemption #1668 submitted by James, Lelia, and Donna Oster be, and hereby is, approved conditional upon the following: 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (ISDS) regulations. 2. Access to Lot A shall be by way of one (1) existing access from Weld County Road 42 located at the northeast corner of Lot A. There shall be three (3) agricultural accesses allowed from Weld County Road 42 onto Lot B. Said accesses shall be by way of existing accesses located as follows: A. one at the northwest corner of Lot B B. one immediately to the east of Lot A of RE #355 C. one to the northeast corner of Lot B. Prior to recording the plat, the applicant shall show on the plat the accesses described herein. 941183 RE1668 cc : 6C;Oster RE: RE #1668 - OSTER PAGE 2 3. Prior to recording the plat, the applicant shall provide to the Department of Planning Services' staff evidence of an agreement between the applicant and the proposed purchaser of Lot A for the provision of water to Lot A for the purpose of irrigation. Said agreement shall extend to and bind successive owners of Lots A and B. 4. The following note shall be placed on the plat prior to recording: "All residential construction shall be contiguous to either Weld County Road 42 or Weld County Road 43." BE IT FURTHER RESOLVED by the Board that the applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 11.7 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty days from the date of approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fees. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of November, A.D., 1994. „ 'I / I BOARD OF COUNTY COMMISSIONERS ATTEST: j ' WELD COUNTY, COLORADO / /V 1/• G II 11 Weld County Clerk to the Board cLi x));2)77 j, . H. Webster, Cha'rman BY: / wit eK Deputy Clerk o the Boat Da e . Hall, Pro- m AP V D AS TO FOR : EXCUSED DATE OF SIGNING (AYE) George E. Baxter XCUSED DATE OF SIGNING (AYE) unty Attorn y Constance L. Harbert arbara J. Kirkmey d 941183 RE1668 Conditions of Approval James, Lelia, and Donna Oster RE-1668 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (ISDS) regulations. 2. Access to Lot A shall be by way of one (I) existing access from Weld County Road 42 located at the Northeast corner of Lot A. There shall be three (3) agricultural accesses allowed from WCR 42 onto Lot B. Said accesses shall be by way of existing accesses located as follows: a) one at the Northwest corner of Lot B, b) one immediately to the east of Lot A of RE 355, and c) one at the Northeast corner of Lot B. Prior to recording the plat, the applicant shall show on the plat the accesses described herein. 3. Prior to recording the plat, the applicant shall provide to the Department of Planning staff evidence of an agreement between the applicant and the proposed purchaser of Lot A for the provision of water to Lot A for the purpose of irrigation. Said agreement shall extend to and bind successive owners of Lots A and B. 4. The following note shall be placed on the plat prior to recording: "All residential construction shall be contiguous to either WCR 42 or WCR 43." 941183 941193 II 0 lainimilmr.__r__ __ 1 . . c A. . ' . - allele bit 1 �Yy� 11 ��aa Iy.nn • ti �1 l 11aiat. .. .1: • .' ....,... •1" , f,l f . ' •! 171>t {�+ 1'•� , ♦ ♦ � .-..��1i�Ll�.,iP:7,: l! It'.>�it-1 rl 71. ,y:. I# •`• ail. • . t ,, • • , •t1 .a�tk . ' 1.7. •' Ae �`'.'.'[s'[;j`, {{x�rrj��~�- .Y flit 31* _ _ 1 I •1'1 .- �Y " -t• %r•_ s ,t4 r *it • ' 1 n . 4 . .,ISiailS • • 1. • �. �y �.\ , it ,tog /. . ,.+r 1 •'2 . p Cis- y+, a U _ 1/47,4 t•r ��' ,` �� . 4 r w' a � �'al'�,\t •'Y..31►f1 • . 1 �I . . •1/4 '.,z_A; c, � . 1 rte_ . .T� I_ +• tl ,.. 1• le Y jg ' l..y�� T .Y 1 1� I ari ,�..I •. V ifeet--i--7-7-14, a 941183 ID • .... 1mis vo m t 1 N3 •v •, • 'N rf W 4. I W ‘ '.t . I t4% ' •�" f'N 'auuoFeg ptlJN3d auuo(eg•ptlJN3d •04 • - � f N 40s mi , l : : _.' • � , . ' ibis al s_ - Ise ' f 1 ' 1 ' 1• , r. N ti • lir ' -IS ; 1 -• 'Ilikts9 reof _", • 141 ♦ . dr• 05 I t i � f . . z. ... ,1/4. , ..4 •••-.; isr, r re • I 1b't Ii• / 4 _0,>47, At.. .ei. bt AWA* 01 r . . 4 •-- 1444 _ age 0 i • • 1 t . •� • / •� •'{.•• d ss • a :1'9 4 - !.74.-,r 0. ita t ill *I - "ill, 74e_ - se if c eye( f • li , i. CO • Lil SII"\:•30 • li . �- a =Dm l` . .Di' -, ., �, I X N. W W .)'\ f'N 'auuoAeg pygN3d 1.1 if N. 'r'N 'auumeg•pvDN3d t 0 94118 • a H m P„ y \....-i..1 , • t ei .\ A 'f'N 'auuokeB-py9N3d 1 1 ' ' W l 1 I ,\\„.....'S — ' � �• , t N auuolteg 0V9N3d i • _ • . '4 % �J • 1 •• • - iii. L ` . f� r ' r •1 + , t... t • ♦ • • f i , r -. �• , ' P ' I li • rik. I . • --1 , F •• • 1. - �- • -, • • , 1 r rte• 4 f k ti� • • ' ♦ ' r I • • • 1 I r1 T.:. .4 ' S t. I r le • ' P • • et s i • • . ' 1 Y ti4 `.. • 4 1 ' • aat . _ I ' ;is " • • • a is • . • • • . 1 . . *J_s . . .$ fr d • :.• r • •• w •:' gi1 .t. . 4. fZ .11 1n. O.lt t 1 • � eliiimar iri -orik 1/ 44 ` — .� m isa CO s.S — NI i \-- . i \\\ ..th. W W 1 •r•N •auuoAe8.0v9N3d •(••N •auuoAe8.Otl9N 11 I At- i 941183 Recorded Exemption RE-1668 Oster Reasons for selling the 6. 56 acres for a homesite. Please refer to page 23 , Weld County Comprehensive Plan, March 24 , 1992 . Last two sentences of the page state: Today, farmers must consider production cost in order to maintain an economically viable farm operation. 1 . The land we desire to sell is not cost effective to farm due to the following reasons . A. Very small size fields when in flood crop such as alfalfa. Too much time is wasted in turning around with harvesting equipment. All the turning compacts the soil . B. Our large farm equipment is not compatible in small fields. C. Too much labor and time is involved in irrigating the three small fields. D. Too many small irrigation sets. Poor usage of labor and water. E. The land is too steep and the water runs off too fast without deep enough soil penetration. Have to waste too much water. F. If the total 6 acres is planted into corn, the land is flat at the start of the corn rows which causes the water to penetrate tco deep, and then the land is too steep which allows the water to run off too fast for proper water penetration, and then at the end of the rows the land is flat and the corn ditches fill up with soil eroded from the steep area, therefore not allowing the rows to go through as they start crossing over. G. To level this field is not cost effective. If the field was leveled, the top soil would be scraped away and all the field would be the yellow clay subsoil. Also much of the bad soil would have to be placed on the other crop land. For the past 14 years , this land we desire to sell has been irrigated very little by the previous owners due to the difficulty of getting the water to the land and the time involved to irrigate the small fields. The water allocated for this farm can best be used on the 30 acres of crop land that is very productive and easy to farm, and not be used on the land we desire to sell. EXHIBIT 1 i\ ` * 1<C,g 941183 WELD COUNTY DEPARTMENT OF PLANNING SERVICES' CITIZEN INQUIRY FORM 1400 NORTH. 17TH AVENUE, GREELEY, COLORADO 80631 PHONE: (303) 353-6100 EXT. 3540 FAX: (303) 351-0978 O TELEPHONE 0 OFFICE FIRST INQUIRY? 0 YES 0 NO DATE: NAME: PHONE at: ADDRESS: TYPE OF INQUIRY ❑ MHZP 0 SKETCH PLAN 0 MINOR SUB SKETCH PLAN ❑ ZPMH 0 PRELIMINARY PLAN 0 MINOR SUB FINAL PLAT ❑ RE 0 FINAL PLAT 0 ZONING O AMENDED RE 0 RESUBDIVISION 0 ADDRESSING ❑ SE ❑ FHDP 0 BUILDING PERMIT ❑ AMENDED SE 0 GHDP 0 SETBACKS/OFFSETS O SITE PLAN REVIEW 0 USR 0 HOME OCCUPATION ❑ REZONING 0 AMENDED USR 0 VIOLATION ❑ PUD SKETCH PLAN ❑ USR MINING 0 OTHER O PUD DISTRICT 0 USR MAJOR FACILITY 0 ❑ PUD FINAL PLAT 0 USR DISPOSAL SITE 0 PERSONNEL ❑ Keith Schuett 0 Greg Thompson 0 Gloria Dunn odd Hodges ❑ Sharon White 0 Barry Kramer 0 Chuck Cunliffe 0 ITEMS DISCUSSED: aJsh„p; t -- ?L /`116 L ;`//a /4 AVAILABLE OPTIONS: CONCERNS: ACTION TO BE TAKEN: Time spent Staff Member's Initials WELD COUNTY L RTMENT OF PLANNING SERVICES' CfgEN INQUIRY FORM 1400 TH. 17TH AVENUE, GREELEY, COLO 80631 PHONE: (303) 353-6100 EXT. 3540 FAX (303) 351-0978/TELEPHONE 0 OFFICE FIRST INQUIRY? 0 YES NO DATE: /lifi NAME: % jlir"S PHONE II: ADDRESS: TYPE OF INQUIRY ❑ MHZP 0 SKETCH PLAN 0 MINOR SUB SKETCH PLAN ❑ ZPMH 0 PRELIMINARY PLAN 0 MINOR SUB FINAL PLAT ❑ RE 0 FINAL PLAT 0 ZONING ❑ AMENDED RE 0 RESUBDIVISION 0 ADDRESSING ❑ SE 0 FHDP 0 BUILDING PERMIT In AMENDED SE 0 GHDP 0 SETBACKS/OFFSETS ❑ SITE PLAN REVIEW 0 USR 0 HOME OCCUPATION ❑ REZONING 0 AMENDED USR 0 VIOLATION ❑ PUD SKETCH PLAN 0 USR MINING 0 OTHER ❑ PUD DISTRICT 0 USR MAJOR FACILITY 0 ❑ PUD FINAL PLAT 0 USR DISPOSAL SITE 0 PERSONNEL ❑ Keith Schuett 0 Greg Thompson 0 Gloria Dunn 0 Todd Hodges ❑ Sharon White 0 Barry Kramer 0 Chuck Cunliffe 0 ITEMS DISCUSSED: r,� ea. 4,( / a �f �r / / �-f F'' /« -L -S lt4 �ot5L �e.c /II 1(/a4 a /�f� /.4/1//.4/1/ T/'1 t4/,� n > a /ft/5Y/ ``eef-, AVAILABLE OPTIONS: CONCERNS: ACTION TO BE TAKEN: Time spent Staff Member's Initials • 0 3)Lag-nedd � / sC / 9iy ( Q5 'r Ti +4L ' - c+%i, e-fir„.o.r i' tw". `? ` ` . tai, ye„,„„_ r C 64--a^-9--- c d°w.,`c°"'`_-1,..`, c- -12-iva h s. O_ I „..,,,_ (0,6, Tkir% 24,.... - / 97 , 3 ,, , f,,,,L4 \vo 9 \1 DEC 1994 f J Y 3 199 4naI 1145,474, Co E-covs-- ,9 8 Y/- 6 474/ EXHIBIT "D" AGREEMENT FOR USE OF IRRIGATION WATER THIS AGREEMENT is made between James L. Oster, Lelia E. Oster (whose address is 19923 Weld County Road 43, LaSalle, CO 80645) and Donna L. Oster ("Licensors") (whose address is 21333 Weld County Road 40, LaSalle, CO 80645) and Raymond M. Larson and Jacqueline I. Larson (whose address is 1903 31st Street, Greeley, CO 80631) ("Licensees"). BACKGROUND CIRCUMSTANCES: A. Licensors are the owners of one and three-fourths (1 3/4) shares of the capital stock of the Platte Valley Irrigation Company which provides irrigation water to them and is allocated by Licensors for use on Lot B, referred to in this Agreement as the Oster property, which land is more specifically described as follows: Lot "B" of Recorded Exemption No. 1055-27-2-RE355, recorded December 15, 1978 in Book 854 as Reception No. 1775864; being a part of the N'/2 of the N'/2 of the NW'A of Section 27, Township 4 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. B. The Licensees are purchasing a part of Oster land from the Licensors, referred to in this Agreement as Tract A, and which is more specifically described as follows: Lot "A" of Recorded Exemption No. 1055-27-2-RE1668, recorded December , 1994 in Book as Reception No. ; being a part of the N'/2 of the N'/2 of the NW'A of Section 27, Township 4 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. C. The Licensors are willing to grant the Licensees a license to use some of the Licensors' irrigation water on Tract A under the terms of this Agreement at times when Licensors are not using the irrigation water. THEREFORE, in consideration of the background circumstances and the following promises and agreements, the parties agree as follows: 1. Grant of License. Licensors hereby grant to Licensees the license to use so much of the Licensors' irrigation water on Tract A as good irrigation practices require, subject to the prior and superior right of Licensors to use all or part of their irrigation water on other land owned by Licensors or their successors. The Licensees agree not to waste the water and not to allow excessive amounts of water to enter the borrow pits adjacent to Tract A. 1 • • 2. Surface Ditch Covered with Plastic Material. The Licensees may take delivery of irrigation water available to them pursuant to this Agreement from the concrete north-south ditch on the Oster property by means of an extension consisting of a plastic surface ditch that feeds the water into an underground pipeline on the Oster property that continues to the east into Tract A. The Licensees will install, maintain, replace, remove and pay for the plastic material that covers the surface ditch from its beginning at the southerly end of Licensors' north-south concrete ditch to the point to the ea where the water enters the underground plastic pipeline. The Licensees will keep the surface ditch and the plastic material in good condition and will remove and haul away any replaced plastic material from the Osters' property. 3. Underground Plastic Pipeline. The underground plastic pipeline extends from its beginning on the Oster property to the east onto Tract A. The pipeline is the property of the Licensors throughout that part of its length that is located on the Licensors' property. The underground pipeline is the property of the Licensees throughout that part of its length that is located on Tract A. Because the Licensors will not have a need to use any part of the plastic underground pipeline, the Licensees will be responsible for all repairs and replacements needed on the underground pipeline. 4. Right of Access. Licensees shall have the right to enter onto the Osters' property as required to install, maintain, replace and remove the plastic material, plastic underground pipeline, and maintain the surface ditch, but shall not trample or damage any growing crops, fences, improvements or other property in so doing. Licensees shall be liable for any damages caused in violation of this covenant. 5. Successive Owners. This Agreement constitutes a revocable license and shall extend to and bind successive owners of Lots A and B; provided, however, if the owners of Lot A breach any provision or obligation required by the owners of Lot A, then this Agreement shall automatically terminate upon the recording of a document signed by the owners of that part of Lot B that own the water right and the ditch stating that such a breach has occurred. Notwithstanding any other provision herein contained, this Agreement conveys no vested property or water rights and the Licensees, their heirs, assigns or successors shall not acquire any adverse interest, easement or right of way along the ditches or the pipeline on the Osters' property nor acquire any rights to any water or property by virtue of any rights granted pursuant to this Agreement. 6. No Charge for Use. Other than the cost of labor, materials, installation, maintenance, replacement and removal that are previously described in this Agreement, the Licensees will not be charged for the use of Licensors' water. 7. Entire Agreement. This Agreement contains the entire agreement of the parties pertaining to the subject matter, and no other written or verbal representations, understandings or promises shall be given effect. No part of this Agreement may be amended or waived except by a written agreement executed by both parties. 2 • • • 8. Notice. Any notice required or authorized to be given by one party to the other pursuant to this Agreement shall be effective if given in writing. Any such notice shall be deemed to have been effectively given if personally delivered to any one person constituting a party or if mailed in the U.S. mails with postage prepaid and properly addressed to the other party at the following address or at another address given in accordance with these provisions. If to Licensors: If to Licensees: James L. Oster and Lelia E. Oster 1903 31st Street 19923 Weld County Road 43 Greeley, CO 80631 LaSalle, CO 80645 and Donna L. Oster 21333 Weld County Road 40 LaSalle, CO 80645 Executed by the parties as of , 1995. LICENSEES: LICENSORS: Raymond M. Larson James L. Oster Jacqueline I. Larson Lelia E. Oster Donna L. Oster STATE OF COLORADO ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of , 1995 by James L. Oster, Lelia E. Oster and Donna L. Oster. WITNESS my hand and official seal. My commission expires: Notary Public 3 • • STATE OF COLORADO ) ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this day of , 1995 by Raymond M. Larson and Jacqueline I. Larson. WITNESS my hand and official seal. My commission expires: Notary Public m:AO0166A003VAgreement 4 • • November 29 , 1994 Dear Mr. Todd Hodges: Enclosed you will find a water rent agreement for Lot A, RE#1668 - Oster. The agreement was prepared over a month ago. The Larsons did agree with the contents. From what I observed from Mr. Websters ' comments at the November 29 , 1994 hearing, the commissioners did not desire to know the contents of the agreement, as Mr. Webster told me the agreement contents was between the seller and buyer. I have appointed Freese Engineering to complete the survey for the plat. I assume all we need now is to provide the Department of Planning with the plat and pay for the recording fee. If you do need additional information from us, please let me know. Thank you for all your work you did for us , and your help. Sincerely, -9a4vIA-2- ,)0O-PA, James L. Oster NOV 3 n 1994 Telephone # 284- (aYy6 ' 17,`A.onr.nl2MMRP PRESENT OWNERS: James L. and Lelia E. Oster and Donna L. Oster POTENTIAL PURCHASERS OF THE 7 ACRES: Ray and Jackie Larson WATER RENT AGREEMENT Osters will allow the Larsons to use Osters ' irrigation water on their land when Osters do not need their water. There will be no charge for the water if the following stipulations are met by the Larsons. 1 . Larsons agree to use the water efficiently and not waste the water nor allow excessive amounts of water to enter the barrow pits. 2 . Larsons will pay for the plastic surface ditch material needed to carry the water from the end of Osters ' north- south concrete ditch to where the water enters the under- ground plastic pipeline. 3 . When the plastic surface ditch needs to be replaced due to any cause, Larsons will haul the old plastic away from the land and replace the plastic surface ditch. 4. Oster can use this plastic surface ditch when they need to irrigate the south edge of the field next to the underground pipeline. 5 . The underground plastic pipeline belongs to Oster where the line is on Osters ' property, and the underground pipeline belongs to Larsons where the pipeline is on Larson ' s property. Since Osters will not have a need to use the plastic under- ground pipeline, Larsons will pay for any repairs needed on the underground pipeline. 6 . This water rent agreement is only with Ray and Jackie Larson This agreement cannot ever be transferred to a new owner of the property if the Larsons ever sell any or all of the land they own in the NI N'-z of the NW* of Section 27, T4NR65W, 6th P.M. Weld County, Colorado. 7 . Larsons agree that this water rent agreement will never allow them to establish a right-of-way of the water or the pipeline on Osters ' property by use. 8 . This agreement to use the water is on a yearly basis , and Osters ' reserve the right to cancel this agreement at any time during the year and reserve the right to not renew the agreement. i • itot ‘, DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT.3540 WELD COUNTY ADMINISTRATIVE OFFICES C. 1400 N. 17TH AVENUE GREELEYEY, COLORADO 80631 COLORADO James, Lelia, and Donna Oster 19923 WCR 43 La Salle, CO 80645 Subject: RE-1668 - Request for a on a parcel of land described as of the 6th P.M., Weld County, Colorado. Dear : Mr. and Mrs. Oster I have scheduled a meeting with the Board of County Commissioners on Monday, November 28, 1994 at 9:00 a.m. to consider your application. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have with respect to your application. The Department of Planning Services'staff will make a recommendation concerning this application to the Board of County Commissioners. It is the responsibility of the applicant to call the Department of Planning Services' office a few days before the date of the Commissioners' hearing to obtain the recommendation. If you have any questions concerning this matter, please feel free to call me. Respectful y, deed, • Todd A. Hodges Current Planner t• • nCL, .'_' EQE,FAjTMENT OF PLANNING SERVICES ,-.? 2 1 I A PHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES CLERK 1400 N. 17TH AVENUE C TO T112 GREELEY, COLORADO 80631 COLORADO November 28, 1994 Board of County Commissioners Centennial Center Complex 915 10th Street Greeley, CO 80631 Subject: Recorded Exemption 1668 Dear Commissioners: This request for a recorded exemption is submitted by James, Lelia, and Donna Oster. The parcel of land on which this request is being made is Lot B of RE-355 described as the N/2 N/2 NW/4 of Section 27, T4N, R65W of the 6th P.M., Weld County, Colorado. The property is located south of and adjacent to Weld County Road 42 and east of and adjacent to Weld County Road 43. This request is to divide a 39 acre parcel into two parcels of 32 acres and 7 acres, more or less. The applicants have indicated through the application materials that they plan on selling Lot A as a buildable parcel and retain Lot B for agricultural production. Access to both proposed lots is existing from Weld County Road 42. A well is proposed for both lots as the water source and septic is proposed for sewage disposal. The Weld County Health Department and Public Works Department have reviewed this request and offer conditions of approval. The Division of Water Resources has reviewed this request and has no concerns. The Department of Planning Service's staff recommends denial of this request based on the lack of efficient and orderly development and noncompliance with the agricultural goals and policies as stated in the Weld County Comprehensive Plan. The parcel under consideration was created in 1978 by Recorded Exemption 355, therefore this proposal is the further subdivision of the property utilizing the recorded exemption process. There have been two other recorded exemptions approved in the north half (N/2) of section 27 and two in the north half (N/2) of section 26. The continued use of the recorded exemption process in this area does not promote efficient and orderly development. 941153 • • The parcel under consideration has been designated as Prime Farm ground of National Importance by the Department of Agriculture Soil Conservation Service and the Colorado State University Test Station. This request, if approved, would allow for the addition of two residences thus greatly increasing the residential density and reducing the area of prime farm ground. The Weld County Comprehensive Plan promotes the preservation of Prime Farm Ground. Respectfully submi ed, Todd A. Hodge Current Planner 9411E • • STATE OF COLORADO OFFICE OF THE STATE ENGINEER <� Division of Water Resources Department of Natural Resources 'h ' I 1313 Sherman Street,Room 818 tat)**: Denver,Denver,Colorado 80203 "1876 • Phone(303)866-3581 FAX(303)866-3589 Roy Romer Governor NNC )l lames S.Lochhead '�:i cj� \* 've Director October 24, 1994 �'?�..- - - mps°n Sta ineer �t OCT 2 6 1994 Mr. Todd A. Hodges, Current Planner t Weld County Planning Department �•_. � ..._n- Nanning 1400 N. 17TH AVE. Greeley, CO 80631 Re: Oster Recorded Exemption, RE:1668 NW 1/4, Sec. 27, T4N, R65W, 6TH PM W. Division 1, W. District 2 Dear Mr. Hodges: We have reviewed the above referenced proposal to split a 7 acre single family lot from a 39 acre parcel. The water supply is to be from an individual on lot well. A permit for a domestic well can be obtained for the 39 acre lot and that well can serve the 7 acre lot. The well permit must be obtained while the 39 acres is in one ownership. Subsequently the well must be constructed before the permit expires. The domestic permit which would be applied for may serve up to 3 single family dwellings. This well could serve a dwelling on the larger 32 acre lot as a shared well, after the property is split. We have no objection to the proposal. If you have any questions please contact me. Sincerely, Jcity,SLA444 John Schurer, P.E. Senior Water Resource Engineer JS/oster cc: Alan Berryman, Division Engineer Water Supply Branch 9411 ,, • •0 t t. 4 4ill 40 DEPARTMENT OF PLANNING SERVICES ID PHONE (303)353-3845, EXT. 3540 COUNTY ADMINISTRATIVE OFFICES CWELD. 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO September 29, 1994 James L. and Lelia E. Oster, Donna L. Oster 19923 WCR 43 La Salle, Colorado 80645 Subject: Recorded Exemption RE-1668 Dear Applicant: Your recorded exemption application will be processed as soon as referrals have been received and reviewed. If it is determined that the application meets the approval criteria of the Weld County Subdivision Ordinance, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria, you will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. If you have any questions concerning this matter, please call me. Sincerely, ✓-77/74-7 , - Todd A. Hodges✓✓ Current Planner 941183 ADMINISTRATIVE REVIEW FLOW SHEET CASE a — 1G6 .) APPLICANT: _ �a."..0-5 n Lei c / �•^�� 1-�N,v-d 07-61 REQUEST: I /I J LEGAL N/7 l\117 NW�`Y ,27 - 4-uiJ LI 15 of — LOCATION: �' ac�\ iAJ/'E=42 61.,61r� acA'} -(1) Date By Application received 1127/hk Application complete 1/3"r' /4iiVR'r' Letter to applicant drafted 17igAti Referrals listed ' q/IM I j File assembled ' f ! !, Letter to applicant mailed 104144 I (,O5 li J Vicinity map prepared I -z -ri 'I5 Referrals mailed i I I "`/ � Chaindexed l0 !`�- Field check by DPS staff I :/10 7/1 Administrative Review decision: History card completed Date By COMMISSIONER'S HEARING DATE: 2 ? - Air photo and maps prepay d / CC Action: f/U/yl i CC Resolution received 1'ga-CILIV History card completed \ Recorded on maps and filed - -` 1 • APPLICATION FOR RECORDED EXEMPTION Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 PHONE: (303) 353-6100, Ext. 3540, FAX P (303) 351-0978 FOR PLANNING DEPARTMENT USE ONLY: APPL. FEE CASE NO. Kf, - 1 RECORDING FEE ZONING DISTRICT RECEIPT NO. DATE 1/Z1 APPL. CHECKED BY 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: • NI Nz NW+ Lot B, Section 27, T4N, R65W 6th P.M. Weld County TOTAL ACREAGE: 39. 170 including road R.O.W. Has this property been divided from or had divided from it any other property since August 30, 1972? Yes X No Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes No X FEE OWNERS OF PROPERTY: Name: James L. and Lelia E. Oster Donna L. Oster Address: 19923 WC Rd 43 La Salle, Colorado 8064Phone: 284-6446 Name: Address: Phone: WATER SOURCE: Larger Parcel 1 /34 Shares Smaller Parcel Applied for Domestic TYPE OF SEWER: Larger Parcel Smaller Parcel wel PROPOSED USE: Larger Parcel Crop land Smaller Parcel Homesite ACREAGE: Larger Parcel 32 . 170 Smaller Parcel 7 EXISTING DWELLINGS: (Yes or No) No (Yes or No) No I hereby state that all statements, proposals, or plans submitted with this application are true and correct to the best of my knowledge. it-,n0 sf9 , 1q94 Signature: Owner or Authorized Agent „ _flint Ina" 941183 APPLICATION FOR RECORDED EXEMPTION Department of Planning Services Weld County Administrative Offices 1400 N. 17th Avenue Greeley, Colorado 80631 Applicants: James L. and Lelia E. Oster Donna L. Oster 19923 Weld County Road 43 La Salle, Colorado 80645 Telephone: 284-6446 94116 • • RECORDED EXEMPTION QUESTIONAIRE 1 . Explain the reason for the proposed recorded exemption and how each proposed lot will be used. The land in the original farm was 40 acres and owned by James Osters ' uncle and aunt, Ray and Elsie Oster. Ray Oster died in 1967 and Elsie sold lot B consisting of 39. 170 acres to Calvin Dupper in 1978 . In 1980 Calvin Dupper sold the land to Lloyd and Sylvia Libsack. In 1992 the Libsacks lost the land, and through the Deed of Trust sale an investor, Donald Caldwell , purchased the land. In January of 1993 , Rex and Julie Walker, a resident of Denver area purchased the land. During the spring and summer of 1993 the Walkers abused the land by not attempting to farm the land and allowing an enormous noxious and annual weed problem to develop. All the neighboring farmers and the Weld County Road Department reported the Walkers to the Weld County Weed Control Department. The Walkers refused to cooperate, and threatened to sue and take legal action against the neighbors for reporting them to the weed control district . During the sprint; c. d summer of 1993 , James Oster talked to the Walkers regarding the terrible weed problem and lack of any control . During a discussion in early November of 1993 , Rex Walker told James Oster the property was for sale. James Oster told Rex Walker they did not need any more land to farm, but would be interested in purchasing the land necessary to protect their own neighboring land and the whole farming community from all the noxious and annual weed growth on the Walker farm. Osters purchased the land on November 29 , 1993 . They have improved tt land by controlling the terrible weed problem, tearing down the old fence, cleaned up the property, and spent $8, 000. 00 leveling part of the land. Osters did produce an excellent corn crop on the 30 acre field due to much cultivation, weed control , and manual work. The approximately 7 acres Osters desire to sell as a home site was completely contaminated with Canada Thistles and bindweed due to Libsack very poor farming methods and weed control , and then Walkers complete lack of weed control . Osters planted oats on the 7 acres to annu- 1 weed growth in the spring of 1994. Throughout the sparing, summer, and fall, of 1994 Oster sprayed the 7 acres field many times , and now 90% of the noxious weed growth is eliminated. Just before the killing frost of September 22 , 1994 , the weeds were sprayed again which should help eliminate most of the noxious weeds for the crop year 1995 . The reason why Osters desire to sell off the 7 acre as a home site is the 7 acre field is a small field that is on a hill and most difficult to farm due to the land slope, small size with the large farm equipmer we use today. There is no way this field could be land leveled more to match into the other 30 acre field. Land leveling the 7 acre field would not be cost effective and if leveled the soil would not be productive as the topsoil would be removed and just the yellow clay would be left. Also, much of the bad yellow clay soil would have to be spread over the good top soil in the 30 acre field. 94111 0 Page 2 Oster We have three excellent potential buyers who desire to purchase the land. They all plan to build an excellent house , plant trees, develop a nice yard and plant grass on the land not used as the home yard. The Osters will not sell to just anyone, but will be very selective, as we want neighbors who will not allow weed growth. All the prospective buyers who desire this property come from a farm background. We will not be selling any ditch water shares with the land, as due to ditch company policy, we cannot transfer less than one share of water , and on=_ share of water sells for over $28 , 000 . 00. Therefor4 the cost of one share of water would not be cost effective for 6 acres of land. The Osters do plan to work out an agreement , with the purchasers of the 7 acre lot, to rent them some ditch water. There is an underground plastic 10 inch pipeline that can deliver water to the land. The land we plan to keep is now one field containing 30 cropland acres. Since we leveled this land, the land is much easier to farm. We plan to construct 1 , 330 feet of 16 inch concrete ditch in the fall of 1994 to help improve weed control, water management, and improve the water conservation use of our water. 2 . Describe the location, size and present use of area where each proposed new lot will be created. The lot we desire to sell is approximately 7 acres , which includes 30 feet for Weld County Road 42 right-of-way. The land is on the east part of NZ Ni of NW'-I, Section 27 , T4N, Range 65W, 6th P.M. , Weld County. The property entrance will be z mile east of WC Rd 43 and 42 on the south part of road 42 . As described in #1 , the land was not farmed correctly in the past 12 years especially in 1993 and was allowed to become completly contaminated with Canada Thistles and bind weed. Osters eliminated 90% of the weeds in 1994 . The 30 acre crop land lot will be continued to be farmed as the land is highly productive excellent soil , and now much easier to farm after the improvements made by Osters in 1993 and 1994 . The 30 acre crop land is located south east of intersection 43 and 42 . 94118' Page 3 Oster 3. Explain how the proposal is consistent with the Weld County Comprehensive Plan and any adopted municipal plan, if applicable. The Weld County Comprehensive Plan booklet, Agricultural Goals , page 25 , #6 states : Develop policies and regulations to permit low density residential development on non-prime agricultural land as recognized by the Soil Conservation Service. Page 27 , #7 states : A process that allows a lot in the agricultural district to be divided into two separate lots will be established. The intent of this policy is to: B. Enable the property owner to sell off agricultural land that is nonproductive for one single family dwelling homesite. Page 49 , Density Factors (Maximum) R-1 ( low density residential ) is 3 dwellings unit per acre. The land we plan to sell , based upon our ASCS Conservation plan, is a highly erodible type soil. The land is most difficult to farm due to the small size and land contour of flat and than a steep grade. This field cannot be leveled anymore to work into the other 30 acre field which is highly productive and easy to farm. We are selling approximately 7 acres for one residence which we consider to be a low denisty residential as the nearest other house is over 800 feet away. The 39. 170 acres we own will be split into approximately 7 acres and 32 . 170 acres , or two separate lots as allowed in #7 , page 27 , Weld Comprehensive Plan booklet. 4 . Explain how the uses permitted will be compatible with existing uses surrounding the proposed recorded exemption. The land to be sold will be developed by the purchasers building an excellent house on the property, planting of trees , developing a nice yard. The land not used for the homesite will be planted into grass . The new owners will control all annual and noxious weeds on the property and prevent weeds from spreading onto nearby farm property. The remaining 30 acres will be farmed by the Osters using excellent farm methods and crop roatation. 941183 111. Page 4 Oster 5. Explain how the proposal is consistent with the intent of the zoning district it is located within. The Weld County Comprehensive Plan, Agricultural Policies , pages 26 , #1 states: Agricultural zone districts shall be established and maintained to protect and promote the County ' s agricultural industry. The agricultural zone district is intended to preserve prime agriculi ural land and to provide areas for agricultural activities and uses dependent upon agriculture without the interference of incompatible residential land uses . The land we plan to sell is not prime agricultural land. The residence that will be built is going to be far enough away from bordering farm land to not interfere with farming methods , especially farm chemicals applied by air and ground sprayers. All the buyers we have interested in the property come from a farm background and know what farm odors and sounds may occur in a farm environment. The purchasers of the property will build an excellent home, control the weeds , plant trees and grass . These improvements will be a 100% improvement in how the land was used and taken care of from 1980-1993 . 6. Explain how the proposal is consistent with efficient and orderly development. The land used for the residence , one family , will be an efficient use of this non productive farm land. The residence will be approximately 300 feet from any property line and more than 800 feet away from another residence. The land use will be utilized more efficiently by a residence being built, as this land is not cost effective to farm. The residence and surrounding land use on the 7 acres will not interfere with farming the 30 acre field adjacent to the lot. There will be just one residence on the 7 acre lot and one resident on the total land of 39 . 1 acres . 7. Explain how adequate provision for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County will be accomplished. The new owners will control all weeds 100% better then the previous owners did from 1980-1993 . All the improvements such as the house , domestic well , septic tank and leach line , electrical work will be completed based upon the permit requirements . 941183 lb Page 5 The selling of the smaller tract of 7 acres will not affect the health, safety, and general welfare of present and future residents of Weld County. In fact by selling the property, the general welfare of the residents shall be promoted by the intended improvement and increase of the tax base for Weld County and RE-1 School District. 941183 GRi •dw esreeN 9 •S° • B •uz •' •I �.. --•) ° • ( I 1 I e I ' � _ d/(WdY•oe •7I••• : K.�'q f fl &4tfl „pi : • ETON° ��: . . I• o . e its h; r `J ° :i o 1 — °. e. ll\ — •. ob'P •,�� "./\. ti ff = l ( ' ° J' 1�_ 1_: r.• •• Th at. p.•• z - ( :am-5 i]n• �1 J/° .1 . V -^--}}R�� G F �.;CIA °�• •J IC:) • A �� LUCERNE •° 50 I� °• ELLS �ru L✓ xo xx m rE LS x I z. f•I • , •� [i A./....Y. o .5••44; x. 1 , rm Qy�...OL, Re I x1 25 // ]0 / N/ON PACIFIC w[• ' • • resit N 1A,./F/C 9 • ▪ L.. r •• • ! Y..R ° �6�',11 -5: z• 30> •-• x ° In'I� . ( L]J Q ^ E_ - _ 7. <_- REEL of •( i . .— °�° :`os Y �,7��'� `��! • _ • -▪ \ \`fee �� ° n � .; �_ �� e °I�I 'I • ' \J ? I` y I i •o n"raa 2. / �. .1. ��1 °LJl.�I. I A. � 'R�� r) • I 'II N" 1 T •/ v ♦I . °• r.ER5EY / • • 'n•lry • • RilLe• xs �J 1 1°.2 �:: '✓ . zs • b 1 • Itl e • x• I rGe •,N0 L rF �I • vl�m a PARK me e 31 I •I ° ye I I P� • I• , • ,� •• •° �> 1 it ]' •el orreci on Line .` • '- 9•—•—I• ° Mort • ° ! CrI` •Citf.5 [RNi • ® •I •.v.• e (n5r ALL ° I v ° i. • : _ _ . _._ _� 7 z-.'lf ��iiJJ� u ivn Ni 0 • • • '° �l 1 ',•4 • UNION .---v— YrraTA • �I° •l• e .J, i • Ill [!l/\ > ] ! • • °.a�� / ° 'CPI / IT I ,`^moo'°° •(•• ° • d\ 72 •• [••.oa•Q • 3 • .2r1/41 ••Q i. >• •I•/,•�" m (J[cz•. Vain i " : ^"'O,rc,'`_ ,'• °• • � ° c I ( . m• I xr •I . zo • o \\ I C N••• dd (.: • • 1+. [x• ; z• z. • .0 I •I u • nir• ••1 Pz1 •.a7D.z 1 • x• ii• • e• • C' . • n n 1 .a z •jam 2. I n •1 [ GIlCRE5i • I \•1• ° I I �l -_ !� • I�.e 1 /'• 021-4f! • ail : v'�/ • °_ •1 13 1 31 33 1 33 z ]vans I. z r •s i ] • > r .: �x 1 9 ] i vs°a[: I EL IS z • , 310 `•�,r z e • 10 • C. , I • O\ • N 1 B he Urau 1 014 .�. :Sch of oa lAu� LThim • --\)N\$\_)/, lulu i,,,lr 4FFFFFF21 22. I 23 F co 1 H ° _ 4725 J a o yes �, -._ � S �, 1 c 75/ I 1YI I 1 l o ti i a 4 / 4 i2 o i o y° { 1 3 1_14soo v b° '� ' `,_) N 4850 ° 4 o I \ °e Rr 1, a vv I`/III o' , I 0 Y '. _ _ HBO/ 4!a3 4728 j i.) \ m \ \ 4-74.j 4. ° ° J C CO., ,,,-- ..,, I re—: to .m°� "so ..f Sul 0 01�l Oo ,- • �O O O s �l O 4745 4yLi3 4Y 4775 ICh - iC IA S 011 O '4001 m C7 0 0 )- 2 ! ! — •- -- l I c v • • ) :1 4 tt �., - �, V +Mr,: _, t , t ii kilt ' Ili ityF 1 - /oil ,11 i :f. ,, r.... .. . { t ( 14,I b' et ' I RYO1 Y idi' { Y4 J Y #.; 1. iii t, " e _ . ` rVi 1 y 1. f; iiit r `l M• ilyi-Y • 1, ry , J tr M „• .. h l; ' 't 't - spy . .ilk'. Y .1:'..444:'‘.:41:*5$ o't. �:. i . 4 S{ 014 i 11/4 I4 ply ,4 ♦:�.S 'I -« .'x 110 9 Page 6 Oster 5 WASS ur •/Ywa.... I� -• d / 9 y '�lFe t., v V 7 - U S eit.7- .ediI7.67' /Y.70'ev at!. $ �'` r • . f s rri,y.c . . x . a • v 8 t Arne $ N%z /�%/YIY '� N ")o.. �o. $� o$ .COT B 1 '' E• �, c 8 sR/70'6Ic rr `a 'f `e8• I . 4 At.: $ it /echm.C•.y .v..J.ro.rr. i b CI C' Z6- 6 73. A(99'S9'OD'12. 3 sla fe5+ u �\ a. it k4 • Scab.•/.-'400' . „ J , N. -: / 1 ,J C.- 95 +U/ Jty, S•� d . /t . .l0/ iy' 4h ��y I Z/1 74 . :•-I.: Y.' t! :a if COT 6' to I \ v'o.W• , a , p n dersoh teT t . . 3 a- .m u ..• 3S . • Y/CIIr/T!,.NS/' . • Prr,oared 6y „L recbe engineering 7B•685 Or-w B,•t • /0.30-78 GGc."±'a/a'y.' ✓F S..r...••••••S.,s.o.e......-...e Page 6 Oster t n 0. veto.. V Se J 4—cc`C a i X077:67' lY70.00e,0 s i''' ( 1 W. earn'Otte G+}3..f8-ratli �. nue i $ 7: M o. �i4 'R •:v a$ . 07 'e'.3'St/70 r"Pcees / - .� h b8k Rt; ma ilk' 4.,..../...„. i9M.14tow V •€ It i II in i • Z6ile. 7S• N49•SP'O8'YY. I - I h t v �� \O3 i I ' / I I . • Semi '/•'•400 •' 'U , / i C7 Uq� • n•r „/ %1. h x p Ro.w• I U , ;'AV Pali ; - e e Lot.. Aeider=or, ar to Al , • n 3 �..e.� !4 .20 Y/C/NrTY MAF i Scale.v1.24,y'r ,oM/oarao/ 6y }c'/reeoe engineering 74.685 Or.✓n By.: /0 3D-u? Or . .ill• • CT: % 79 9 1 a X ce€ . . . ... NI-4 - . . /4 . ,F \i . 1 ._t.. \e---17_•.‘ W. - CA ti) AA' 1 - --.„--, As ..a. _ - :3 " 'c ) .--, • T Lit •7:7: . ct IL — a - • 6 I - . . \ :, . _ Cv 9 • r `� .r j d �j cc s s �te :. , u � � ' :.t ' ' o in et t,( op I v a d i. ' to • Q % � I d d T 7 0 % t .. ` K \ 0% c, *• % . 1 . . . . "%kg( ets S ire ra "N ---- .--.9 It . : k . ' - >ail . ._ Z I . Z . • . . I ._„ , ,,_ _., . . : .. a .." :.. - ).- i • 4f I t 1 c -c- \-, kY • . .. � Q. *. . . ,,, ‘ 1t) . 1'�... . r.: il 'i :u,0e �s-cam\4. • \ '4..? \Nks- - _ -1 .•....? Liti . , . .. x . . •7:, „,.i . zotica,", k, • L.L. .S'S66 t ' .• xamfaoris . a " \ a 1 ... rne . i `'f'` ' • Cr: • t6_,1.. .47OL 'ir O l x.11 \Jkla \ k . • .. . saareensweaSalliMMOS .r "4 . • lamiTai IC)11q • REFERRAL LIST • NAME: James L. and Lelia E. Oster, Donna L. Oster CASE NUMBER: RE-1668 REFERRALS SENT: September 29, 1994 REFERRALS TO BE RECEIVED BY: October 14, 1994 COUNTY TOWNS and CITIES Attorney Ault -/_X—Health Department _Brighton _Extension Service Broomfield _Emergency Management Office _Dacono Sheriffs Office Eaton V_X_Public Works _Erie _Housing Authority _Evans _Airport Authority _Firestone _Building Inspection _Fort Lupton _Frederick /STATE _Garden City V _X_Division of Water Resources _Gilcrest _Geological Survey _Greeley _Department of Health _Grover _Department of Transportation _Hudson _Historical Society _Johnstown Water Conservation Board _Keenesburg _Oil and Gas Conservation Commission _Kersey La Salle FIRE DISTRICTS _Lochbuie _Ault F-1 _Longmont _Berthoud F-2 _Mead _Briggsdale F-24 _Milliken _Brighton F-3 _New Raymer _ F-4 _Eaton 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 _ Valley F-14 _Platte Larimer Poudre Valley F-15 _Raymer F-2 FEDERAL GOVERNMENT AGENCIES _Southeast Weld F-16 _US Army Corps of Engineers _Windsor/Severance F-17 _USDA-APHIS Veterinary Service _Wiggins F-18 _Federal Aviation Administration _Western Hills F-20 _Federal Communication Commission OTHER SOIL CONSERVATION DISTRICTS _Central Colo. Water Conservancy Dist. _Brighton Panhandle Eastern Pipe Line Co. _Fort Collins _Tri-Area Planning Commission _Greeley _Longmont 94118 , 0-T t' 1 C n�L. . ‘riff��. 94 DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORAAVENUEO631 COLORADO 80631 COLORADO September 29, 1994 CASE NUMBER: RE-1668 TO WHOM IT MAY CONCERN: Enclosed is an application from James L. and Lelia E. Oster, Donna L. Oster for a Recorded Exemption. The parcel of land is described as Lot B of RE-355, being the N/2 N/2 NW/4 27-4-65 of the 6th P.M., Weld County, Colorado. The location of the parcel of land for which this application has been submitted is South and adj. to WCR 42 and east and adj. to WCR 43. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by October 14, 1994, so that we may give full consideration to your recommendation. Please call Todd Hodges, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. 4. We have reviewed the request and find no conflicts with our interests. ewE 14c6E≤C Con- Lor 4 Limir 'THE 4CCESSES COO Le r8 To THE INN/N 4CCts5 4. A formaall recommen`el'a'tion°Is'unaerconsideration and will be submitted to you prior to: 5. Please/ refer to the enclosed letter- Signed: I, •^ .Y (84- Agency: P�t i .c a.) 4-2 Dart '. ►0 -01 -94- 941: • III 2. — r %co3 WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department 933 North 11th Ave., P.O. Box 758, Greeley, CO 80632 (303)356-4000 Ext. 3750 1. Applicant Name .TAMES Oort z Phone Address City State Zip 2. Address or location of access Section Township Range Subdivision Block Lot Weld County Road# Side of Road N S E or W Distance from & number of intersecting road 3. Is there an existing access to the property? Yes No # of accesses ################################################################## 4. Site Sketch 1. ################################################################## 5. Proposed use: Permanent ' _ Residential/Agricultural _ Industrial Temporary _ Commercial _ Subdivision _ Other OFFICE USE ONLY / 41-.2C-90 Road 4-2. ADT S Date 9/ l/ Accidents 2 Date Road 4-3 ADT I4-I Date GPM I Accidents ' ' Date Drainage Requirement: Culvert Size Length Other Comments: Installation authorized _ Information Insufficient Special Conditions O/i/F 44.41 A-u.rss F'nn . /.or 1 a . Reviewed by: Title: :access.for 94115 • WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department 933 North 11th Ave., P.O. Box 758, Greeley, CO 80632 (303)356-4000 Ext. 3750 Donna L. Oster 1. Applicant Name James L. Lelia E. Oster phone 284-6446 Address 19923 WC Rd 43 City La Salle State CO Zip 80645 2. Address or location of access z mile ease of WC Rd 43 & 42 Section 27 Township 4N Range 65W Subdivision Block Lot Weld County Road# 42 Side of Road South N S E or W Distance from &number of intersecting road miles east of 43 and 42 3. Is there an existing access to the property? Yes x No # of accesses ****************************************************************** 4. Site Sketch 43 45 42 42 X 5. Proposed use: X Permanent X Residential/Agricultural _ Industrial _ Temporary _ Commercial _ Subdivision _ Other OFFICE USE ONLY Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement: Culvert Size Length Other Comments: _ Installation authorized _ Information Insufficient Special Conditions Reviewed by: Title: :access.for 941183 r iit t\ ;‘' • • DEPARTMENT OF PLANNING SERVICES Willie PHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140 GREELEY, N. ORAAVENUEO631 COLORADO 80631 COLORADO September 29, 1994 CASE NUMBER: RE-1668 TO WHOM IT MAY CONCERN: Enclosed is an application from James L. and Lelia E. Oster, Donna L. Oster for a Recorded Exemption. The parcel of land is described as Lot B of RE-355, being the N/2 N/2 NW/4 27-4-65 of the 6th P.M., Weld County, Colorado. The location of the parcel of land for which this application has been submitted is South and adj. to WCR 42 and east and adj. to WCR 43. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by October 14, 1994, so that we may give full consideration to your recommendation. Please call Todd Hodges, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. e have reviewed the request and find no conflicts with our W r interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. ase refer Q� to the enclosed letter.,� '� JJ � • I Signed (A) 1t LN Agency: A �GvU (c' `/ Q9l 941123 . 3 • • 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: Lot "B" of Recorded Exemption No. 1055-27-2-RE355, recorded December 15, 1978 in Book 854 as Reception No. 1775864, being a part of the Nh of the Nh of the NW; of Section 27, Township 4 North, Range 65 West of the 6th P.M. , County of Weld, State of Colorado. CONVEYANCES (if none appear, so state) : Reception No. 1700549 , Book 779 Reception No. 1753795 , Book 832 Reception No. 1776657 , Book 855 Reception No. 1845338 , Book 923 Reception No. 2297303 , Book 1344 Reception No. 2317846 , Book 1366 Reception No. 2362999 , Book 1415 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 ig*hday of September , A.D. , 19 94 . at 7:00a.m. o'clock. TRANSAMERICA TLE INSURAN COMPANY CO ANY By: J / v AUTHORIZED SIGNATURE/ 941183 • • %C t HeardeI at /n°� osele ✓y„ OCT 51976 Recaptiee Mom 1'700599 wane Anneateltilt etamidir- e J-4/ RECORDSRH STAMP Tins DEED Made this /�3�✓ day of -me6jy� I - . 976 ,botwen ELSIE OSTER of a* Coat,of Weld and State of Colo- rade,tithe flit part,sad THE SEVENTH—DAY ADVENTIST ASSOCIATION OF COLORADO, a corporation organised and existing under and by virtue of the laws of the Stab of Colorado , of the woad Parr: - WITNESSH7'H,That the said part/ of the first part,ler and in ewrfdnatlae of the soon d e No Consideration -HDmfy_a to the said party of the Ant part in band pid by the said party of the second part,the receipt whereof is 'a barely confessed and ulnowladgad,has granted,bargained,sold and conveyed,and by thin Pneenta do as rant,bargain.sell,convey and Boding,unto the said party of the second part,ita Theeeran and amlgu forcer, all of the following described lot or parcel of land,,al xiWab,lying and ha la tYlo(b County of Weld and State of Colorado,to wit: The North one-half of the North one-half of the North- � west Quarter (N 1/2 N 1/2 NW 1/4) of Section twenty- seven (27) Township Four (4) North, Range Sixty-five " (65) West; of the 6th P.H. Together with two shares of the capital stock of the Platte Valley Irrigation Company. TOGETHER with all end singular the hereditament*and awareness thereat, Wang a b siOwlae appertaining,ad the reversion and reversions,raondader and romaWo,rata,lanes sad parts thereat sad all the seats,right,title,interest,data ad daunid whatsoever of the said WV e/the fiat part,sither la law or equity,of,In and to the above Mrgalaed pndeee,with the hereditament;and appertaaaaee• TO HAVE AND TO HOLD the sad promises above bar alad and described,with the anorteaaera,ate the said party of the.moved part,Its eoee sops and assigns forcer.And the ald party of the Nut part for he pal f her hairs,executors,ad administrator,do a s comsat,grant,hargnb and ague to ad with the said aid party of the mend pan,its aeceaon and assigns,that at the date of the '—s ad 4Uvery at - tbw presenta,th ey are wall aelelud of the pndan above conveyed, as of good, aue,patent, aNsiate and indefeasible estate of inheritance,Isla.,la fee ample,and has good right,fell power ad lawful authority to grant,bargain,sell and convey the same to manna ad form as aforesaid,and that the ass an free and clear fro all former and other grate,bargains,sales,lion,taxes,testaments and encumbrances of whatever hid or oaten aaever, and the above bargained premises la the quiet ad peaceful possession of the said pray of the wend tart,its successors and assigns,against all and every person or persons lawfully claiming or to claim the whole or any part thereof,the said party of the first part shall and will WARRANT AND FOREVER MEND. IN WITNESS WHEREOF,TM bad pan y of the first part has hereunto et her head and seal the day and year first above written. p � /�� yy,./�'� y1t- Signed,Seated aid Daliverd la the Promos of .__ ._.fal-t tJ pull ]f" Elsie Oster —..---...— ---- [REAL) -•--•---------- --- (DEAL) STATE OF COLORADO, } County of The foregoing instrument was acknowledged before me this y5 xi day of 976 .by Elsie Oster WV samisen expires t(,l.l. .ytf /f 7,j' • WITH=V head ad official seal • Zi- :.L/ I. Near Nor • M.aa waaaAnef pa It evar0sara-11..en...eer..st Fen 9411 a...a.e ..e Ob. mew Sam. -are 88 ae..r w AHT 1 7.'7;v - --.-- 1-L1�r'�Y ,/ I In:••.:u 1�)3i9Jr MARY MN HOLMIUM _A rmed•,. - /.4 ' “-- _ — --__--_ - .i Tills lly4D.++• beL, 15th darof May tp78, . � _ - - I !11E SEVENTH-DAY ADVENTIST ASSOCIATION I - ' OF COLOP.Cuu I ) 'I .vit.,vista dip oroaw ted and a aiming under aid by vv w tue of the la of li •L...._teal.-u4„nnu.efrhere.tpv.t.end ELS1T OSTER 1 I 1 21098 Weld Co. Rd. 42 :it ll La Salle, Co. 80645 9 T I of the G•unlyor Weld I I- >1 I State of Gdura.L,dt :stood port. ._ N'rrNEsstrit that the sate party sat.a.rvav part,lot aim in cor scot.a. I I. r-1 I Lion of the tumor Ten Dollars and other good and valuable considerations -rX)Y,AXKIK i • II to the said party of the first part in hand paid by the mid pity of the second part,the receipt whereof it hereby II confound and accnowied4 d,hate reim.ed,released,told,conveyed and QUIT CLAIMED,and by these present.sloth' N and QUIT CLAIM unto the said party of the second part, her Fein and II - L„ I emir,,(ureter, sell,convey N assigns(ureter,all the right,title,interest,claim and demand which the mod party of the first part lath to and to the ; o I Slowing described situate,lying and being in the . County II 1 o I of Weld and State of Colorado,to wit: _ I r � �� The North one-half of the North one-half of the North-_ I i- j west Quarter (N 1/2 N 1/2 NW 1/4)e of Section twenty- z - i seven (27) Township Four (4) North, Range Sixty-five (65) West; of the 6th P.M. I Together with two shares of the capital stock of the Platte Valley Irrigation Company. , I - l . I . sitokaaw.a.Meet and Numb, - _. - ' ITO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto. I i belonging,or in anywise thereunto app:r•aining,and all the estate,right,title,interest and claim whatsoever,of the said party of the first part,either in law or equity,1p the only payer on,benefit and behoof of said part y of the second I part, her Min and assigns brewer. - ' IN WITNESS WHEREOF,The said party of the first part bath caused its eorporata name to be hereunto subscribed I I by its Flee- President,and its corporate seal to be hereunto affixed,attested by its ad! eeervtajr.the day and year first-above written. ' 1:/C.! , e '`�tgl4dN THE SEVENTH-DAY ADVENTIST - eti Ivy r ASSOCIATION OF COLORADO _I .:'/ sir y-t�>a STATE OF COLORADO 1• l ' Denver I... 'i _County o!_ 1 it :I The foregoing instrument w arkmwi mead lw5 tort ilia 15th day of May Ig 78.117 Lloyd D. Cleveland as vice-President and I. _ I. B. Burton - s Secretary of II 'I •`10t. `L.74.IVENTH-DAY ADVENTIST ASSOCIATION OF COLORADO, •orrwratoa. 'eI Ytn,tanalF.m4AiOnee December 20. 1981 i II pate._ I i war it,:i Aid itndofnrial seat /(/��` 1 -- e 1 w -o-e:-:- «l d metanratl..tieltC:P,t, v . ..,bell.. d.vVythi testa-cwe•..si.af.e-wr ,d n w u atrse .,tote Saul Ravel.lbator,ralanta.—t» 0p CC __,�_._,_ ._ . . . . _ 9411E - T ___ - --_- eGCtc R.=ra.e.-,3. t ' DEC 22 1918 - _, - _____-- �; 855 1776657 et ', " ' --- - •O Reception No ...�.Q- irl •-� - I 1 RECORDERS STAMP • I -- - - I THIS I DEED, Made this--'. 16th day of,December, 19 78 ,between ELSIE OSTER ° Donmimdnry tee ~ - -—.- — c 21098 Weld County Road No. 42, LaSalle, Colorado 80645 Ws" CE1+_YZ lyi8 i g .S. _ — of the County of -> Weld . and SMte of Co - — .4.) I Color a , par.and ,y 4 c, 44 ' „ . . - - _ r e _ CALVIN C. DUPPER and M.LORRAINE DUPPER - - - -- I 19575 Weld County Road No. 45, LaSalle, Colorado 80645 - - - _--. II of the Cemty-of Weld and State of Colorado,of the second part; a -leaf j I WIThTSSFTH,That the said party of the first part,for and in consideration of the sum of 0 m it FIFTY-FOUR THOUSAND AND 00/I00-- ----- DOLLARS, ci o II -- - T N to the said party of the that part in band paid by the said part ies of the second part,the ry — - - - o 't I receipt whereof is hereby confessed and acknowledged,ha a granted,bargined,sold and conveyed, -_ - - I and by these presen ,convey an conrm un es of the ts does grant,bargain,selld fito the said part i --`d second part,their hetrs and assigns forever,all the following described lot or parcel of land, _a.4,1T-ng and being m the Comity of Weld and State of Colorado, - MMEMMOMO I towit: • . Elli Mi nlialalilli I the uc •cf or.:,E::ii ui the Nortnwe t Quarterel2:: 1/2 NW 1/4) of Section 27�l ; Township 4 North,Range 65 West of the 6th hII P.m., Weld County, Colorado, being Lot B of recorded exemption.: Ina EXCEPT a tract of land containing .93a acres described as follows: -- ,`-:, - Beginning at the Northwest Corner of said Section 27,and considering N9 . - the North line of sail.Northwest Quettaas bearing North 90°00'00"East, 4 - ' - - , . - - , ---t wwithaallother bearing` - s contained herein relative thereto:".. - _. . - -- Thence North 90°00'00"East, along said North line 42!.85 feet to the - - .. True Point of Beginning, ': - - _ ._ Thence South 00°00'00"East, 204,0 feet: . - -___. T Thence North 9000010M East, 199,25 feet: _ - "- < - : Thence North 00°00'00" West, 204,0 feet to a point on the North line - — - of said Northwest Quarter; Thence North 90°00'00"West, along said North line 199,95 feet to the ----`'- True Point of Beginning. being Lot A of recorded exemption, `- - _ -- - TOGETHER with two shares of the capital stock of the!lane Valley _ _ _ - -. irrigation t:ompany. It_ - _ RESERVINC to grantor and to grantor's son Clarence Oster all oil, gas - - ___ --- and other minerals for and during the life of grantor's son Clarence Oster. - - Ns.flk_wuuxrr a rew+re coma uur r(Ana.a.m.ca.ee.—i.w &;,.w ,r r.,c is --r 't ,-: .. .-. _ • 941183 • FMS Sii IIIIIMMIN•L'71tr '7 _.-.,.. e — 3b� a II•_ _ Yv: II -,lssee •mitBA Ii 1 _ II I II --___ 11111 . 1 3ri'a-rkvan . {l ill < Y 2 4+ ® II ,{ .i,w3' ' Jst1,,,; .Yxo s :- 34 ae^,T"ssan- �' II 1 t_t,_ It:. 4 i..e n L;' < r i rilaft 1 'L : lIa t II �lL��rl I! TOGETHER with all and singular the heredltaments and a ppurtenmcea thereinto belonging,or - . _ li in anywise appertaining,and the reversion and reversions,remainder and remainders. nab, leases — - __- II l l and profits thereof;and all the estate,right.title,intermit.ray..and demand whatsoever,of the said - a - I part '-ye of the first part either in in or eqult7,of,in and to the above'he nraed premises,with ' - the beredifuoeoU - - -_ - x':, ,--,,---.•- '.:ate G.ztf^'1.. 4* r. r, r -7-11.--. TO RAVE AND TO HOLD the said premises above bargained and described,with the imparts - _ _ names Data Calvin C. Dapper sad 1S butane Dupper� z.,' ;tea _ - - - -- I the said part tee of the second -fie "'htSn end nenforevet'.rwt--ra �'- a - _ And the said -Elsie Oste} " „ ,�:,,• . it, for 1-h-gsrl fiziWTheirg. do'"es mvanant,grant,bargain and agree —�—• to and with the said parties of the second part,their heirs and as.;igns,that at the tree of the a,o a i eW - .l ,i s 4R,s �a ,; • __ • - -'.r essealbs lad beiiv_r7 af fheae pleamt l 'r Rbs ia' - :rwe➢seised alrt eb 1h"ov&omn- " �..^- firer e h Rg; r^ .}.. t , l„ nee ,r'+ Q''r ik n veyeQnY l... • III r's2.C4 abssluL and 6rdefeie�bSi estate of lnhedtinee m'�swraafeaaurpir,- ,.. _ • and la• good right,full power and lawful authority to grant,bargain MD andwn e ia vey the same - . h .-. _ ' I .'...ii Y aforesaid,and that the same are free and clear from all former and other grant%, yf51r lea t?xe6 httavar aoaras I -s. itrgabts,+C .d;,,,^!�_ 4-'�,ijry�hraners,,pi� � r'; . . . - r in ...7-.-. 4tre, - i ___!__ _ " Alf\ - - r^— - : _ _ 0 • - 9 - w ASS 17 7GG5 7 ��o Except taxes for 1978 due and payable in 1979: and except reser•stions, restriction 1 rights of way and easements of record and in use; - ��— Iw•'. I li II I 1`II _ . II 1I ...-.44.1C-21114 A II tallIC II , wgIIIMINSw ii il _- iI and the above barb premises - -iithe lintel.anri.u.�+v.i.in•v.avnvv.n..... _ .F..i- .. - -'.__.___._.... sly.:said Wri is! „f thebead:Idfart,vu•-.v Lein eatita;ga f; I against all and every person or persona lawfully claiming or to claim the whole or any part thereof, (I Mit ti p...--1. ..les of the 7,r 5t pert avail and will WARRANT.1.2.7D.1.2.7D FOREVER DEFEI•ID. itIN WITNESS WHEREOF,The said party of the first part has hereunto net her - p. - 'I nand --d se.:' the day and 3-car first above written. -- -r ,! atra.a.Sealed..a D.s.Alvelapn.m...r Elste ter �ddl.A.LS]_.._..._...-_[SEAL] Rleie aster - - - II - r�w.r] I -- A - -[SEAL, —•..a.,. - II ] --- ' I STATE OF COLORADO, .._ - I lail _ _...AEama r The forgot= was acknowledged before me this 18th day of December — _ -- II 19 y.:M"'fs�tfaoster `c-MyeoaamaJdn ea October 25, 1979 • •- Y.-e.-¢ 9=.f:'0-P0 t.f i T-..?�{' +r'>' Cif.:r - _ - _ ..-.. - 1-"Mg ylSagt41offielalaea - • D `opo- - _ e. E. OF 0 _, a . 1 II, . . a....r..r ,.........6.......==...74.=;.!s .sue a�.�a. -__• It,., rx -• r.awla r u.n�+r.r.r rr ..rr a..ar 'sra 1- .."r.^�,r - - a . ginin -•. _ , .Y�. - S -MK+: .aQATamfaD"R7eFY Y:1Y L•V .. .IS _ ! _ Y �n tti - _ . .. -- ... ..-. -. .. _ _ ._..._._ A • e 923 y,,,y.d a D260 „ad, '1° •• DEC 2 9 }3$) u f I- / V (.44- S.e„ d Colorado,Wald Glancy 4k a R.wNw WARRANTY DEED • IiI KNOW ALL MEN BY THESE PRESENTS, That We, CALVIN C. e 4 DUPPER and M. LORRAINE DUPPER, whose address is 19575 Weld • County Road 445, LaSalle, County of Weld and State of Colorado for a sum in excess of One Hundred Dollars in hand paid hereby e - sell and convey to LLOYD D. LIBSACK and SYLVIA E. LIBSACK, as joint tenants whose address is 21601 Weld County Road *40, ea LaSalle, County of Weld and State of Colorado the following real property in the County of Weld and State of Colorado, to wit: ' Lot "B" of Recorded Exemption No. 1051-27-2-RE355, recorded December 15, 1978 in Book 854 as o Reception No. 1775864, being a part of the N7 of the N1 of the NW$ of Section 27, Township 4 North, Range 65 West of the 6th P.M., together with two (2) shares of the capital - stock of the Platte Valley Irrigation Company - with all its appurtenances and warrant the title to the same subject to 1980 taxes payable in 1981; to conditions and reservations contained in U. S. Patent; rights of way established by instrument recorded in Book 86 at Page 273; to right of way for Platte Vallay Canal as granted in deed recorded in Book 43 at Page 175, Weld .r/ County Records; to right of way for irrigation ditch reserved ,A by grantor in deed recorded in Book 273 at Page 361, Weld County Records; to Farmers No. 2 Reservoir and any and all rights of way therefore established by Map and Statement filed April 5, 1909 \) as Reception No. 139885 and as amended by statement filed April 1, 1910 as Reception No. 153736, Weld County Records; to restrictions contained in deed recorded in Book 431 at Page 361, Weld County Records; to reservation of oil, gas and other minerals as contained in deed recorded in Book 855 under reception No. 1776657, Weld County Records; to oil and gas lease recorded in Book 867 as Reception No. 1788684 and all assignments thereof or interest therein; and to all easements or claims of easements not specifically listed herein however evidenced upon the premises. SIGNED this.41j JA day of I).Peen/ , ,'+ 1980. Seoa. DoNme:uary Fee P Date DEC 291980 AL I a a P I /l•00 M. LORRAVPeIN DUFFER / STAA.OF,��q LORADO) COUNTY OF WEED ) as. V,OTA/N_ /The 'foregoing instrument was s , dday o5 December, 1980 C. DUPPER gand ed bM. LO RRAAi EiDUPPER. my � / \ 4/er commission expires r;7 :lw c,4 lct< .-2/61% cs� � _ ary Public __ 941183 - B 1344 REC 02297303 07/27/92 15:18 $10.00 1/002 • AR2297303 - F 2063 MARY ANN FEUERSTEIN CLERK F. RECORDER WELD CO, CO PUBLIC TRUSTEE'S DEED Sak No. 259 i, TI I IS DEED is made JULY 27 ,19 92 .between • • KEVIN J. STARKS as the Public Trusses.of the *County of WELD •Colorado.and .1 • DONALD A. CALDWELL • I .Grantee.the holder of the . 0 Certificate of Purchase. Xx Certificate of Redemption issued to the lknor last redeeming, whose legal address is II • • 655 FOURTH AVENUE, LONGMONT, COLORADO 80501 II WHEREAS. LLOYD D. LIBSACK AND SYLVIA E. LIBSACK ' did.Ay Deed of Trust dated DECEMBER 15 .19 80 ,and recorded in the office of the Clerk and Recorder ' • of the County of WELD •Colorado,on DECEMBER 17 .1980 i in Book 923 .Page N/A ,(Film No. N/A ,Reception No. 1844618 1 consey to the Public Trustee,in Trust,the property hereinafter described to secure the payment of the indebtedness provided in said Deed of Trust;and I II . WIIEREAS,a violation was made in certain of the terms and convenants of said Deed of Trust as shown by the Notice !I of Election and Demand for Sale filed with the Public Trustee(a duplicate of which was recorded in the office of said I: County Clerk and Recorder);the said property was advertised for public sale at the place and in the manner provided by law and by said Deed ofTrust;Notice of Right to Cure and Redeem and Notice of Sale were given as required by law;said II • property was sold according to said Notice of Sale;and a Certificate of Purchase thereof was made and recorded in the I office of said County Clerk and Recorder and WI I EREAS.all periods of redemption have expired. ' NOW.THEREFORE,the Public Trustee.pursuant to the power and authority vested by law and by the said Deed of trust.confines the foreclosure sale and sells and conveys the following described property located in the County of VELD ,State of Colorado,to-wit: I' • SEE EXHIBIT "A" f, ii Ii • also known by street and number as 21601 Weld County Road 40, LaSalle, Colorado 80645 .. TO HAVE AND TO HOLD the same,with all appurtenances forever. • Executed the day and year first above written. • KEVIN J. STARKS Public rnu"Sat C.0.0.1 WELD yawJC.bJe e x0� .- dp ,��a,. By oev.n caw rryww STATE OF COLORADO County of WELD 1 ss ' The foregoing instrument was acknowledged before me this 27TH day of JULY .1992 ht Donna L. Schmidt as the Depu y Public Trustee of the • Counts of WELD .State of Colorado. ,u 3 .1e Sly commission expiry APRIL 4, 1995 77 '1,1Ln ' • Witness my hand and official seal. \-3 .,,,.e„ear 1 20 9TH STREET /202 GR& 0 80631 4'. 'It la .mw . n-0O3 anC .l .s f' • ]n.30.Hr,.6.90. It NI.IC 1S1 0110 '�;t r n,alf..,J ruH.a.car-vg w„m Si (haver(O50191-110O`92-1Nu—690 941183 B 1344 REC 02297303 07/27/92 15:18 $10.00 2/002 F 2064 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO EXHIBIT A PARCEL 1: SEk OF SECTION 27, TOWNSHIP 4 NORTH, RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO PARCEL 2: LOT 'B' OF RECORDED EXEMPTION NO. 1055-27-2-RE755, RECORDED DECEMBER 15, 1978 IN BOOK 854 AS RECEPTION NO. 1775864, BEING A PART OF THE Nq OF THE Ni OF THE NW% OF SECTION 27, TOWNSHIP 4 NORTH, RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO SUBJECT to the rights of way and easements for roads, ditches and utility lines and to mineral reservations and conveyances as granted or reserved by instruments now of record. TOGETHER WITH irrigation equipment including 8" Peerless Turbine Pump, Serial No. 41404, 10 H.P. Westinghouse Electric Motor, Serial No. 17EMM6774, and all other equipment attached as fixtures to one certain irrigation well. TOGETHER with all and singular the rights therein, fixtures thereon and appurtenances thereunto belonging or in anywise appertaining, whether now or hereafter acquired, which shall include, without limiting the generality of the foregoing, the following: All buildings and the plumbing, heating, ventilating and lighting systems and equipment therein; all barn equipment; and all pumps, pumping stations, motors, switch boxes and transformers, engines, machinery, reservoirs, pipes, flumes and other equipment used for the production of water on said premises or for the irrigation or drainage thereof, and any such system or equipment shall be construed and considered as affixed to and part of the realty and subject to all provisions hereof, and All leases, permits, allotments, licenses and privileges, whether or not appurtenant, from the United States or the State of Colorado, or any department or other agency of either for grazing, feeding, pasturing or agricultural purposes on any of the public lands of the United States or the State of Colorado, and All easements and rights of way; all rights of homestead exemption, and All water, water rights, whether riparian, appropriative or otherwise and whether or not appurtenant, all ditch rights, and any shares of stock evidencing and such water • . or ditch right, including six shares of the capital stock of The Platte Valley Irrigation Company. 941183 'AR2317846 Sat • B 1366 AEC 02317846 01/11/93 16• $5.00 1/001 P 1745 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO WARRANTY DEED y I I THIS DEED,Made this 6th dry of Janua'" • 19 93 .between Donald A. Caldwell I Or rare •CWmy Of B[n1�der and • State or Colorado,grantor.and $FAiE DOCUMENTARY FEE Rex Walker and Julie A. Walker Date /////P li{ 9315 Qua Street $ 5�n3 I whose legal address u Brt rnfielyd, Colorado 80021 —_— of the County of Jefferson and State of Colorado,games: WITNESS,that the grantee fur and in consideration of the sum of Fifty Six 'floc rod Two Hundred Fifty Dollars and 00/100ths DOLLARS. the receipt and sufficiency of which is hereby acknowledged,has gamed,bargained.sold and conveyed,and by these presents does grant,bargain,sell.convey and confine unto the gantees.t e'uhein and assigns forever.not in tenancy in common but inpim 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: Dot "B" of Recorded Exemption No. 1055-27-2-RE355, recorded 3'.. Decanter 15, 1978 in Book 854 as Reception No. 1775864, being a part of the N1/2 of the N1/2 of the 14.41/4 of Section 27, Township • 4 North, Range 65 West of the 6th P.M. 7CCETHFR WITH 3/4 Shares of the capital sunk of the Platte Dot-le--(- Valley Irrigation Capany stock. i'.63 also known by oat and number as TOGETHER with all and singular the he,ediumenu and appurtenances dertunto belonging,or in anywise appertaining and the reversion and reversions,remainder and remainders,rents.issues and profits thereof,and all the estate,right.tide.interest,claim and demand whatsoever of the grantor,either in law or equity,ok in and to the above bargained premises,with the hereditansenu 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 B personal representatives,does covenant,gam,bargain and raga to and with the grantees.their heirs and assigns,that at the time of the crowding and delivery of these presents,he isweli seized of the premises above conveyed,has good,sure,perfect,absolute and indefeasible estate of inheritance,in law,in fee simple,and has good right,full paver and lawful authority to grant,bargain,sell and convey the same in manner and form aforesaid,and that the sant art free and clear from all former and other grants,bargains,sales,liens.taxes.assessments,encumbrances and restrictions of whatever kind or name soon,except general taxes for 1993 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; The grantor shall and will WARRANT AND FOREVER DEFEND the above.bargained premises in the quiet and peaceable possession of t e grantees.their hein and assigns,against all and every person or persons lawfully claiming the whole or any part Thereof. The singular number shall include the plural,the plural the singular.and the use of any gender shall be applicable to all genius. IN WITNESS WHEREOF the grantor has executed this deed on the date set forth abro! 7� Donald A. Cal • STATE OF COLORADO Coiniry or weld J The foregoing instrument was acknowledged hefom me this 6th Jay of January .t9 93 by Donald A. Caldwell w`Itefv my hand and official seal. I Mr Commmis.ion cvplms DeCeirbe_S 1 .1994 • Co .Gccc Zi�1Ccnu�.(.,,.,,. v I 'Ir in men' 'own"Coy and. xa+W.ddnuN Rw,( us tilYC ate lryloi.+."m:I3 J�ln f,CRSI " I n- No.9aA.Rr•.3-IS,w.xx ANTI Mil)tie pale Teviu,l _... a,adlad P,hlah,na 17,]Wane Si those,.COm:n:—I?41i1:9::ton— 9l 9411R3 B 1415 REC 02362999 12/07/93 16:47 25.00 1/001 A R2362999 F 1751 MARY ANN FEUERFTEIN CLERK 6 RECORDER WELD CO, CO • 1 WARRANTY DEED STATE DOCUMENTARY FEE I' �.,., THIS DEED, Made this 29th day of November, 1993 between Date %t' 7-1 ?/ Rex Walker and Julie A. Walker = Cr mil '( i of the County of Weld and 1 State of Colorado, grantor, and i - James L. Oster and Lelia E. Oster as Joint Tenants as to a 1/2 interest and Donna L. Oster as to a 1/2 interest - I,' • 1 whose legal address is Vacant land, Weld County, Colorado I; of the County of Weld and State of Colorado, grantees: 3 WITNESSETH, That the grantor for and in consideration of the sum of SIXTY TWO ' THOUSAND FIVE HUNDRED AND 00/100, ($62,500.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by themit presents does grant, bargain, sell, convey and confirm unto the grantee, his heirs and assigns forever, all the real property, together with improvements, if any, 7 situate,lying and being in the County of Weld and State of Colorado, described as 1 follows: Lot 'H' of Recorded Exemption No. 1055-27-2-RE355, recorded December 15, 1978 in Book 'f 9 854 as Reception No. 1775864, being a part of the N1/2 of the hl/2 of the NW1/4 of Section 27, Township 4 North, Range 65 West of the 6th P.H. County of Weld, State of r - Colorado. ltgether with 3/4ths shares of capitol strrk in The Platte Valley Irrigdr;nn Qrpan ;,, ' di also known by street and number as Vacant land, Weld County, Colorado mod., TOGETHER with all and singular the hereditament. and appurtenances thereto . ' q. belonging, or in anywise appertaining and the reversion and reversions, remainder and 4 F remainders, rants, issues and profits thereof, and all the estate, right, title, , � `' 6 interest, claim and demand whatsoever of the grantor, either in law or equity, of in Csi and to the above bargained premises, with the hereditments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the • I appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for i' himself, his heirs and personal representatives, does covenant, grant, bargain, and i ' agree to and with the grantee, his heirs and assigns, that at the time of the !' enaaaling and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in -„L J_- law, in fee simple, and has good right, full power and lawful authority to grant, I bargain, sell and convey the sane in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, , encumbrances and restrictions of whatever kind or nature soever, except i general taxes for 1993 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; '' i 7 The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained remises -! a in the quiet and peaceable possession of the grantee, his heirs assigns, against i all and every person or persons lawfully claiming the whole or any part thereof. The 1 singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. 4 IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. - 9 Rex Wailer � ' /� Jolla A. Walker i STATE OF COLORADO } } ss. The foregoing instrument was acknowledged before me - t ) county of Weld } this 29th day of November, 1993 by Rex Walker and Julie A. Walker i Witness my hand and official seal. i `y. iQA-Y�QS4�7 NW connission expires ,FAT mm�Fr¢2f Way fa l%7 CV h • CPF • f). /�, of •i2 �.«Fa At. 4'. }QED'-ICC'r',I) f NOTARY PUBLIC 3 1113 Tenth Avenue No. 932A. Rev. 7-84 •w>_.'. .'X Greeley, COLORADO 80631 -, ;. v I•' 1 i 4 v , :81 t k $u -�y FE +14k ^ I.. !y(;� 1 I '‘..-� .' _ 9 ' 1 .. ,n topf •' 1 ,...i. t; ,i- ` c Nl ll 1.t1/4 • 0 - r C 'J 1 X ft: . r N /Sro/}'r 1-� 1 . ut Th5 _, ' �a ": • •in ki fk 3:1 . cs. n V' N\ KK. i Boa � � s O .:. - Y . 1 Z IA I k CI Es r 31 1/4 . : * N.‘e) :u oeaz oso.v -.. 2 . y577 '• • tv,‹ Asa :` X ..., Z -1..L .......____ tau .4 .z molars:, 4 n .5566, 5): / 4 ��` s' • J. •/1 �. Jam.�'K V W .:0,..�. ✓ � `I lit /�e y ea up a-t.t...�. �i .3/4 y ..rV �S' f• r y 7 • re-,. 1, w O i'� • .1 At:54LOf47 R/ L+J bitz r•17 ',- t-7 rte.. �_ • ••• A ... . . r. 1 ! __ _ He"'M•0 iwwu UULUMAUU LAM .. aUtytr MunUMtnr ncuunu , RE/OAT ONE MONUMENT ONLY ON THIS FORM RIP$ ION OF THIS FORM IS AUTHORIZED, • All items to be filled in by the Land Surveyor using permanent black lettering_ and lines which can be reproduced. (Except) 1. TYPE OF MONUMENT , 121 Section Corner '0 Bench mark (Check one) 0 Quarter Corner O Other 2. • DESCRIPTION OP MONUMENT FOUND AND MONUMENT MARKINGS. Po 4.)N01/211 1 Rena `too. E 1, ,.LE�4 3. DESCRIPTION OF MONUMENT I TO PERPETUATE THE LOCATIONN OF MIS OINMONUMENTT AFUCINO3 ESTABLISHED BY YOU � 4 •1 4C ; 3/4" x 30" Rebar with 2 1/2r`A1 .Cap Z1 z7 9 1993a S23So‘ 4. SKETCH SHOWING RELATIVE LOCATION OF MONUMENT ACCESSORIES AND REFERENCE POINTS STATING WHETHER POUND OR SET.SHOW SUPPORTING AND/OR CONTRADICTORY EVIDENCE WHERE APPLICABLE. r FNo. 1 utzo. lop Se_c.Coz. n VE J SEP 1 2 1993 11 �IA;� �..aTE�. Teo` Na;� ;a c.;),ea Po COLO. ST. BD, OF REG. 4y2(.4.71--FOR FOR PE AND PLS 2(031.0 r • dX 'b^o - 9• 1 FNQ.AWM . CAP � , r•uM.IAP �h FNo. A N e ikt • ro • ` 1-11-5 N I row, /s t¢o aL2ao 6t?.... asT;c CAA SE.c•Co1G. Date of Field Work S l=F-t-rz.rhtSEfi;. 25, 191 3 5. CERTIFICATION • This is to certify that I was in responsible charge of the surveying work described In this record and that to the best of my knowledge theinfonnatlon presented herein is true and correct. I 1 Slgnatur. 00 L -- Sr Firm Name. Powers Elevation Co. , Inc. Finn Address. P.O. Box 440889, Aurora CO 80044 Date 10-11 -9.5 Phone' (101) 121-2217 *(Do not fill !n) • 8, LOCATION DIAGRAM , ' • • 1"• 1 Mlle / c?•. RE \ Accepted for Pilling •• I r' _ o;`� N HE �S,;c \ State Board of Registration for Professional 1 - I Engineer yi}Id Land Sury ores + + 1\1 23501 1�' I •By (— .4` DEC D 1993 , , , Date + 4- RECEIVED AT OFFICE OF THE COUNTY CLERK; ANN it _.___' Surveyor's Seal MARY ANN FEi.,r.- .N a COUNTY • Location of Weld County Clerk a r. T Monument By �I ‘5A6./.., CC,, DEC 2 2 1993 7, SEC. i' , T 4 ry , R��w'' , G TH P.M. Date Record to be filed by Index Reference Number, COUNTY WELD INDEX REF. NO, 135 numerically, then alphabetically, under appro- 8. SEC. , T , R P.M. priate Township, Range, and Meridian, COUNTY INDEX REF. NO. Deportment o/Rrruletory AStndtt PROFESSIONAL ENGINEERS AND PROFESSIONAL L ND SURVEYORS BOARD 1360 01006 ay.Suitt 1170 Dtnvrr,Colorado 80202(308)194.7788 Ravteed 1990 COLORA•AND SURVEY MONUMENT RECORD. REPORT ONE MONUMENT ONLY ON THIS FORM REPRODUCTION OF THIS FORM IS AUTHORIZED. All items to be filled in by the Land Surveyor using permanent black lettering and lines which can be reproduced. (Except)* 1. TYPE OF MONUMENT ► 0 Section Corner O Bench mark (Check one) ® Quarter Corner D Other 2. DESCRIPTION g OF MONUMENT FOUND AND,Mp�NUMENT MARKINGS. A IL `'/_O1G. � ) I . 4 6,4K. / 5O LoaG —a Co 1493 t, c�n �j / (II larloiC65LA gi a t➢ L-O t� I^n, beta-L Kc3 [a S V S 2 z 4 O Lr , kr 4 52 �2 S �CQ439 Le.c. c, 3. DESCRIPTION OF MONUMENT AND MONUMENT MARKINGS ESTABLISHED BY YOU TO PERPETUATE THE LOCATION OF THIS POINT. —I-l C S AS 5 4-\4k, I S is--C-r-c.. 4-' di 'Etc‘,.,J 4. SKETCH SHOWING RELATIVE LOCATION OF MONUMENT ACCESSORIES AND REFERENCE POINTS STATING WHETHER FOUND OR SET. SHOW SUPPORTING AND/OR CONTRADICTORY EVIDENCE WHERE APPLICABLE. 6LA95 Tw.c x �• ibtA9> 'TsC v.r. / Hi X W C C -i 4 a. CoQ4QeL tV A r'" '�� x v Pk .1-1. C c r:�; \\ ic Oo9T• �'it ! l�. T. 5 C.);:.7"0.3...-- V-, ,npt 7+J 1 25 _ '\ J� ____-,---(1 SSG' j.„{'-� -- s., J ;p 2\.S Date of Field Work N o a 23 19 9 3 5. CERTIFICATIO4' This is to certify that I was in responsible charge of the surveying work described in this r d and that to the best of my knowledge the information presented herein rue and correct. \(\ Signature _ + • \ Finn Name• i7.: t=. ,'J c-<, . .y c Finn Address. - r" AJc - /lads-c c. Date v t. 2 4 19 9 3 Phone. `too ®06 . 6. LOCATION DIAGRAM '•�� `•Isc *(Do not fill in) ''- I"= 1 Milt •, : tic Accepted for Filing - ' • / .S .;,�\,�ti, d ,'� • r'f .. State Board of Registration for Professional I I r 7 -' Engine and Land Surveyors: — -I- — + N -• •� (' !Q� I /� Date JUL 1 7 X93 - + -- + ,'vrr� •*•t Ty� a�w,- t A RECEIVED AT OFFICE OF THE COUNTY CLERK; I I bi�py ; . MAP? A�f1! F^l t t'^.,T I� • = Location of Surveyor's Seal COUNTY Weld C a ,r Monument \\, \ T1+ Date S2)1,k(. c-c)J IQQ 7. SEC. 21 T 4 � R �5W �o P.M. Record to be filed by Index Reference Number, COUNTY�^/Et INDEX REF.NO. 15- 7 numerically, then alphabetically, under appro- 8. SEC. , T , R priate Township, Range, and Meridian. P.M. COUNTY INDEX REF. NO. •. 1\Y'\`.r£< 4.;I,PROFESSION 1L LAND SLPITIORS BOA RD r WRJ.5.Rev. 76 COIRADO DIVISION OF WATER RESO•ES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 PERMIT APPLICATION FORM Application must be complete where ( ) A PERMIT TO USE GROUND WATER applicable. Type or IX) A PERMIT TO CONSTRUCT A WELL print in BLACK FOR: ( ) A PERMIT TO INSTALL A PUMP INK.No overstrikes or erasures unless ( I REPLACEMENT FOR NO. initialed. ( ) OTHER WATER COURT CASE NO. (1) APPLICANT - mailing address FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN NAME James L. Lelia E. Oster Receipt No. / D' 9923LWCORD 43 STREET Basin Dist. CITY La Salle , CO 80645 (State) (ZIP) CONDITIONS OF APPROVAL TELEPHONE NO. 303-284-6446 This well shall be used in such a way as to cause no material injury to existing water rights. The (2) LOCATION OF PROPOSED WELL issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water County Weld right from seeking relief in a civil court action. Nz ofN'— of NW4 Lot B /a,/a of the Section 27 Twp. 4 L`L, Rng. 65 _FL, - 6 P.M. I N,SI (EN (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) 15 Average annual amount of ground water to be appropriated (acre-feet): 1 Number of acres to be irrigated: . 5 Proposed total depth (feet): 200 Aquifer ground water is to be obtained from: Laramie-Fox Hill Aquifer Domestic Owner's well designation GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY - no irrigation (0) ( X) DOMESTIC (1) ( ) INDUSTRIAL (5) ( I LIVESTOCK (2) ( ) IRRIGATION (6) ( I COMMERCIAL (4) ( ) MUNICIPAL (8) ( I OTHER (9) APPLICATION APPROVED DETAIL THE USE ON BACK IN (11) PERMIT NUMBER (4) DRILLER DATE ISSUED Name R & R Well and Pump Inc. EXPIRATION DATE Street 145 16 Street City Greeley, CO 80631 (STATE ENGINEER) (State) (ZIP) 303-353-311 857 BY Telephone No. Yic. No. 9411S3 In COUNTY____ Nr . (5) THE LOCATION OF THE P POSED WELL and the area on (6) TH ELL MUST BE LOCATED BELOW which the water will be used ride indicated on the diagram below. by fences from section lines. Use the CENTER SECTION (1 section, 640 acres) for the well location. 1 _ T _ -r _ + — _ + — + _ y _ 330 ft. from North sec. line (north or south) l f 1 MILE.5280 FEET 2 , 430 ft. from West sec. line (east or west) LOT BLOCK FILING . + — --(- — _I NORTH SECTION LINE l — ± — y SUBDIVISION I I • I (7) TRACT ON WHICH WELL WILL BE NORTH LOCATED 0 nerJames L. Lelia - ✓ y- w_ _ I — _ l m Donna L. ester Z T — T — y T t No. of acres 39 . 170 Will this be J co H o I m the only well on this tract? Yes -k t v I 1. -I -k — w 3 (8) PROPOSED CASING PROGRAM I co N 2 r Plain Casing — -m ± t 6 5/8Steerom +l ft. to 118 ft. I I 4—z PVC in. from 1 1 5 ft. to 140 ft. + - + l I SOUTH SECTION LINE — T - --i_ Perforated casing 4z PVC in. from 1 40 ft. to 200 ft. i T -)- j + -I- -r 4 -l- in. from ft. to ft. I i I I (9) FOR REPLACEMENT WELLS givedistance — and direction from old well and plans for plugging — -{- - -}- - '�' - + - -+- - T it: The scale of the diagram is 2 inches= 1 mile Each small square represents 40 acres. WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) . . .449 gallons per minute (gpml A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot . . .43.560 cubic feet . . .325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (10) LAND ON WHICH GROUND WATER WILL BE USED: Owneris): James L. Lelia E. Oster Donna L. Oster No. of acres: 39 . 1 70 Legaldescription: N; of Ni NW'a— Lot B, Section 27 , T4N, R65W, 6P.M. Weld County (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. Household, Lawn, Garden irrigation, watering of farm livestock Septic tank and leach line necessary to meet the requirements of Weld County. (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Used for (purpose) Description of land on which used 1., 3/4 ¢harac Irrigation Crop land Platte Valley Irrigation Company (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE i9BESS OF HIS KNOWLEDGE.aanda IGNATURE OF APPLICANTS! 94118 1,440-40 ♦+vu.vrWUV U V IJILJ1V Jr VWH l trt UtbUUI1UtJ Tie _ I l.1/CLJV I „l�n 818 Centennial Bldg., 13103rman St., Denver, Colorado 80203 (303) 866-3581 • 857 WELL PERMIT NUMBER 183136 - -_ APPLICANT DIV. 1 CNTY. 62 WD 2 DES. BASIN MD Lot: Block: Filing: Subdiv: APPROVED WELL LOCATION WELD COUNTY • JAMES L & LEUA E OSTER NE 1/4 NW 1/4 Section 27 DONNA L OSTER Twp 4 N RANGE 65 W 6th P.M. 19923 WC RD 43 LA SALLE CO 80645 DISTANCES FROM SECTION LINES 330 Ft. from North Section Line (303)284-6446 2430 Ft. from West Section Line PERMIT TO CONSTRUCT A WELL ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDRIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction and Pump Installation Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 17. 3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 39 acres described as part of the NE1/4 of the NW1/4 Sec. 27,T4N, R65W of the 6th P.M., more particularly described in the attached exhibit A. 4) The use of ground water from this well is limited to ordinary household purposes inside three single family dwellings, fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches, and the irrigation of not over one (1) acre of home gardens and lawns. 5) The total depth of the well shall not exceed 365 feet, which corresponds to the base of the Laramie Fox-Hills aquifer. 6) The maximum pumping rate shall not exceed 15 GPM. 7) The return flow from the use of the well must be through an individual waste water disposal system of the non-evaporative type where the water is returned to the same stream system in which the well is located. 8) This well shall be constructed not more than 200 feet from the location specified on this permit. I‘ 4_y4 Note: To insure a maximum productive life of this well, perforated casing should be set through the entire producing interval of the approved zone or aquifer indicated above. NOV I 1994 OW I °.-� N�Rs COPY APPROVED RANL "' ' • (,Q . /�� q� 'V Q State Engineer By Receipt No. 0375597 DATE ISSUED N0V 07 1994 EXPIRATION DATE N0V Qn l 4f 94118 6 m F m . m T L m (�''?C T^ 4 1\I...06.44.4 o-« ° «aeau« Iw °E m.°. O qq IBC 4w O J••° ° °« y �q.°. Il8/�CiOTmN�O -„z-o° = o'3 m�rp ° m .1. NI^ i�L.�e? �_ b 2�s-2o.... e •<g4 . s'. ° °'8B °3 -•aid '. ` N H m .g 2 Illu[i4T ' 1 m O m� m EW i ., m O m T • I Z ZO °' n3 m 8„40,•%•2 ! • °" ° C F a •u O9 wu ° V Z ca.z is - a z L' c.• mE4 a9 T47� O99b 16t3C, c `+ ::.':: T 2 Nb N N Id C ro D m 2.' 5.. re,..�.�y. m W 2 a W Fl W U S uat •t 4cie .O • W o - I WNW O• u,aa PLO go d« mDrLO E 02 '• a%a O▪ ^m0 *wit, Oa6�LOG YO -°2G m9 0o ..m• r V IL W O of P 14-0 QQFVm 4 D O ZK F 8N a.f.•.°' mC aJ m 5' 2m • y > T D $ ON U .4 0 . L««m m • .°w^ Tyr O ,O, ° `1• ° .f U Q L m O (i L L r ° t°. ° m y� m u 1 .°nOy yJOa VS 'JTV t^ �f. 4" • y m9. U d a P. y2y,,45.,. E.i G m N4 V N 22;6,6 m co • 9 0 EGGn fl$1kHMj U r.e``11 II a9 V a�'p 4wUt.s ° O - Nct eN`° VIn si amp.•. m m Y.° ° 1°, Nmo� -2 ° m $ >"e 0. +e .°.C m m W & %Su> .Q5Z3 L 38m.•.Oie. , FR5 k5 S.°. 2L 0 F U t 3 S co AL'S: i 1'.. I W %tit ig N I •- °a2 IJ. 2•R .YC.$ 10"099 a♦ O •3„19,31.200'N i, N 137illia ` t. '\4h3 In W CteLt 818• $`s i •01 co °b • M k1 • _ Z W F y b 0 0 11 4 N Nti a'3 `` % ..,a mo Z P- N Fl 3 } ♦ae J N 3 i k OinN Psi "trio' $ \°`+ai,k 41i � In � 7oiN Ra ,pr18 op Q„ OO 4 "' • Fl r0 LL. %• LLI Op o0 LC so W63 CC ut O O r a m Z J W J W1- N G� i a z wi° z � OJZ quo 8 La v W N ,�, a% W 4 MO Ce 0 -y J7 3 W• a 0 Z et a8ao a ¢ 0 U O W JtO W W ; - U Q Z Q 4 a J 0 J W _N p \ ! 1' .I * M J a. 0 O Fl °D N m a N °� Lai o J M a I J C CC ; m < O Fl 4 Q u n U N W - • 0 O F O Z a m a ft tal 2 J n 8 OJ M s i- S o s (( '"' F n in N N a N C)0,`m° 2 'N V 2 Fl $ mm £4 tlJM ao . y N Nm CI Ia s .a?, a .J Coo o� 0 U I 0 V ry N n S O Y N a a Lc, Fl Itz id- .'" O 01 a W JZm O� I - — a Al o .... m WWC �1a'. m > v4i .^S V U % % O) � 1- rv9 Mfn' 8 N O a0 : —I- 9 ... A 3 A i V N 9 0 p u. < '., i £b 1JNA Fl Na• jj oC 5 ,Ti ../ % Fl 19 y yam o t J Z 2 U N N a ¢9 O N 2 kiwi: J 2N` 1 2 2 % a i — a daJ i It. > £bMOM --ill) wi a I Hello