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VISEWDEPARTMENT OF PLANNING SERVICES O RECORDED EXEMPTION COLORADO ADMINISTRATIVE REVIEW Applicant: Terra Holdings, Inc. Case Number RE-2362 Planner: EJ Legal Description: SW4 Section 32, T5N, R65W of the 6th P.M., Weld County, CO. Parcel Identification Number: 0961 32 300021 • Lot C Size: NA Lot B Size: 55 +1-acres Lot A Size: 5+/-acres Water Source: Lot B: Central Weld County Water Sewer Source: Septic System District; Lot A: Well Meets Criteria Criteria Checklist Yes No X 1. Conformance with the Weld County Comprehensive Plan and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 11.8 of the Weld County Subdivision Ordinance. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Department of Planning Services has determined through the review, that the standards of Section 11.4.2.1 through 11.4.2.6 of the Weld County Subdivision Ordinance have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of the County. 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 (I.S.D.S.) regulations. 2. Prior to recording the plat: A. In the event that a Use by Special Review permit is denied by the Planning Board of County Commissioners then the existing oil and gas operation as well as all of the existing mobile homes shall be removed within thirty (30) days or the Department of Planning Services shall initiate violation hearings for their removal B. '; Due to the prime i r cab a proposed bepe C j Department of PI i I r e e ponappli app ntrovalshall bysu the mit Department of uilding Planning env Servlo icesto, the building envelop a eli ht plat. C. In accordance with Weld County Public Works Ordinance#180, Lot A shall utilize the existing access. Lot B shall utilize the existing residential and agricultural, oil, gas and ditch access points. No circle drives or additional accesses shall be granted. D. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Public Works Department to determine if a culvert is necessary at any approved access point. •r( E) The applicant shall submit evidence to the Department of Planning Services verifying that the \____,,/J occupant of the mobile home permitted by ZPMH-1710 for temporary accessory farm use is principally employed at or engaged in the farming operation on the subject property, in accordance with Section 43.2.3 of the Weld County Zoning Ordinance. The evidence shall consist of tax records, employment agreements or other documentation as determined suitable by the Department of Planning Services. Failure to submit the required documentation may result in cessation of the allowance of the mobile home for temporary accessory farm use. An approval of the Use by Special Review permit that is pending on this site will bring this and the second mobile home into compliance with the Zoning Ordinan F. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (Ordinance 89, as amended), the required setback is measured from the future right-of-way line. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) All mobile homes as accessory farm uses are temporary. Allowance of the mobile homes,Ahall be extended only if the use continues to be in conformance with the criteria set out in Section 43.2.3.1.1 of the Weld County Zoning Ordinance. The mobile homes shall be removed from the property upon the cessation of the use of the mobile home as an accessory farm use or at any such time as the mobile home is used for other than the allowed use. An approved and recorded Use by Special Review Plat for an oil and gas support operation on this site may bring the mobile homes into compliance. The mobile homes shall be removed unless properly permited through the Weld County Planning Department. 4) Prior to the release of building permits on Lot A, the applicant shall submit evidence to the Department of Planning Services that the lot has an adequate water supply of sufficient quality, quantity and dependability. 5) Prior to the release of building permits on Lot A or B the applicant will be required to submit a recorded deed describing the lot upon which the building permit is requested with the building permit application The legal description on such deed shall include the lot and recorded exemption number. 6) Pursuant to Ordinance 169A, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. 3. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 11.7 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty (60) days from the date of approval by the Department of Planning Services. The applicant shall be responsible for paying the recording fees. COkick_ By Date April 1, 1999 Eric A. Jerman P n r M M Kites Wi`l�. DEPARTMENT OF PLANNING SERVICES O RECORDED EXEMPTION COLORADO ADMINISTRATIVE REVIEW Applicant: Terra Holdings, Inc. Case Number: RE-2362 Planner: EJ Legal Description: SW4 Section 32, T5N, R65W of the 6th P.M., Weld County, CO. Parcel Identification Number: 0961 32 300021 Lot C Size: NA Lot B Size: 55 +/-acres Lot A Size: 5+/-acres Water Source: Lot B: Central Weld County Water Sewer Source: Septic System District; Lot A Well Meets Criteria Criteria Checklist Yes No X 1. Conformance with the Weld County Comprehensive Plan and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 11.8 of the Weld County Subdivision Ordinance. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Department of Planning Services has determined through the review, that the standards of Section 11.4.2.1 through 11.4.2.6 of the Weld County Subdivision Ordinance have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of the County. 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 (I.S.D.S.) regulations. 2. Prior to recording the plat: A. Evidence of an approved and recorded plat for a Use by Special Review for an oil and gas support operation shall be given to the Department of Planning Services prior to recording the plat for Recorded Exemption #2362. B. In the event that a Use by Special Review permit is denied by the Planning Board of 990679 N M County Commissioners then the existing oil and gas operation as well as all of the existing mobile homes shall be removed within thirty (30) days or the Department of Planning Services shall initiate violation hearings for their removal. C. Due to the prime agricultural soils on Lot B, the applicant shall submit a proposed building envelope to the Department of Planning Services for review. Upon approval by the Department of Planning Services, the building envelope shall be delineated on the plat. D. In accordance with Weld County Public Works Ordinance#180, Lot A shall utilize the existing access. Lot B shall utilize the existing residential and agricultural, oil, gas and ditch access points. No circle drives or additional accesses shall be granted. E. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Public Works Department to determine if a culvert is necessary at any approved access point. F. The applicant shall submit evidence to the Department of Planning Services verifying that the occupant of the mobile home permitted by ZPMH-1710 for temporary accessory farm use is principally employed at or engaged in the farming operation on the subject property, in accordance with Section 43.2.3 of the Weld County Zoning Ordinance. The evidence shall consist of tax records, employment agreements or other documentation as determined suitable by the Department of Planning Services. Failure to submit the required documentation may result in cessation of the allowance of the mobile home for temporary accessory farm use. An approval of the Use by Special Review permit that is pending on this site will bring this and the second mobile home into compliance with the Zoning Ordinan G. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (Ordinance 89, as amended), the required setback is measured from the future right-of-way line. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) All mobile homes as accessory farm uses are temporary. Allowance of the mobile homes shall be extended only if the use continues to be in conformance with the criteria set out in Section 43.2.3.1.1 of the Weld County Zoning Ordinance. The mobile homes shall be removed from the property upon the cessation of the use of the mobile home as an accessory farm use or at any such time as the mobile home is used for other than the allowed use. An approved and recorded Use by Special Review Plat for an oil and gas support operation on this site may bring the mobile homes into compliance. The mobile homes shall be removed unless properly permited through the Weld County Planning Department. 4) Prior to the release of building permits on Lot A, the applicant shall submit evidence to the Department of Planning Services that the lot has an adequate water supply of sufficient quality, quantity and dependability. 5) Prior to the release of building permits on Lot A or B the applicant will be required to submit a recorded deed describing the lot upon which the building permit is requested with the building permit application. The legal description on such deed shall include the lot and recorded exemption number. 6) Pursuant to Ordinance 169A, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. 3. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 11.7 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty (60) days from the date of approval by the Department of Planning Services. The applicant shall be responsible for paying the recording fees. By Date _February 25, 1999 Eric A. Jerman + P • FIELD CHECK inspection date: November 12 , 1998 CASE NUMBER: RE-2362 APPLICANT: Terra Holdings LEGAL DESCRIPTION: SW4 Section 32, Township 5 N, Range 65 W LOCATION: East of and adjacent to WCR 39 and South of and adjacent to WCR 50.5 Zoning Land Use N A(Agricultural) N Ag. / Residential E A (Agricultural) E Ag. S A (Agricultural) S Rail Road and Residential--Town of La Salle W A (Agricultural) W La Salle is adjacent to West boundary COMMENTS: There are three (3) mobile homes on lot A. Greenhouse, and water well digging truck and platform on site. Two mailboxes: 24300, 24302. Possible violation with one or more of the mobile homes. Eric A. Jerman, 1 nner EXHIBIT 3 • • 313) H Good Morning, Eric Jerman, Department of Planning Services: On February 25, 1999, the Department of Planning Services approved RE-2362 with a condition of approval #2A which reads: Prior to recording the plat: Evidence of an approved and recorded plat for a Use by Special Review for an oil and gas support operation shall be given to the Department of Planning Services prior to recording the plat for Recorded Exemption# 2362. The applicant for RE-2362, Mr. Wayne Howard, has taken issue with condition of approval # 2. A. Section 11.5 of the Subdivision Ordinance dictates that a Recorded Exemption shall hold a public hearing to consider the recorded exemption application and to take final action thereon, if the planner has determined the application has not met the standards of Section 11.4.1.1 through 11.4.2.6. In this case, the application does not meet requirements of 11.4.2.4 which reads, Consistency with the purpose of efficient and orderly development as expressed in Section 1.3 of this Ordinance. Staff feels that all potential zoning violations must be cleared prior to recording a plat for a Recorded Exemption (please see my letter addressed to the Board, dated March 22, 1999 for further explanation). For this reason, staff is asking the Board of County Commissioners to make a determination on the conditions of approval for RE-2362. ()red 26, I �k1 _ u5z 12_7 (0 i • INVENTORY OF ITEMS FOR CONSIDERATION Applicant Terra Holdings, Inc. Case Number RE2362 Submitted or Prepared Prior to At Hearing Hearing 1 Board of County Commissioners Comments 2 Staff Comments (21 pages) X 3 Department of Planning Services field check form X 4 Letter to Applicant X 5 Legal Notifications (0 pages) 6 Application ( 3 pages) X 7 Referral list X 8 City of Evans referral received 10/13/98 X 9 Weld County School District RE-1 referral received 10/8/98 X 10 West Greeley Soil Conservation District X 11 Weld County Health Department referral received 10/22/98 X 12 Weld County Public Works Dept. referral received 10/22/98 X 13 Town of La Salle referral received 10/28/98 X 14 8%X 11 maps submitted by applicant(2 pages) X 15 Deed (2 pages) X 16 Utilities (4pages) X rr n G , r: I— I C • • I hereby certify that the 16 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Board of County Commissioners hearing. I further certify that these items were forwarded to the Clerk to the Board's office. s I Eric A. Jerman ❖ Pla er STATE OF COLORADO ) COUNTY OF WELD ) _'yn I /�/, SUBSCRIBED and SWORN TO BEFORE ME THIS ay day of / /tu,(,/') 19 `�7. SEAL ,JkopiLiktoyikiniam F OTARY PUBLIC MY COMMISSION EXPIRES V/J/�V0/ S • MEMORANDUM Vii TO: Weld County Board of County Commissioners COLORADO FROM: Eric Jerman, Planner SUBJECT: RE-2362 March 23, 1999 The following is a summary of some significant dates in the processing of Recorded Exemption 2362 at the Department of Planning Services. October 5, 1998 Application for RE-2362 received in the Department of Planning Services (DPS). The applicant is Terra Holdings, Inc. Mr. Wayne Howard is the agent. November 12, 1998 Field Check by DPS staff member indicates existing violation on proposed lot A of RE-2362. Three mobile homes and a commercial operation without a Use by Special Review (USR) are on the lot. The land has been leased to Mr. Andy Pederson, owner of Lightning Wireline, Inc. The vehicles, materials and equipment for an oil and gas support service belong to Lightning Wireline, Inc. The renters of two of the mobile homes are employees of Lightning Wireline, Inc. November 18, 1998 Memo from DPS staff to wit: Zoning Permit for Mobile Home (ZPMH) 1710 Accessory to the Farm and ZPMH-992 for Principal Dwelling are existing permits. A Certificate Of Compliance (C.O.C.) has been applied for the mobile home used as an office. ZPMH-1710 cannot be substantiated as an agricultural worker's living quarters. Approval of the C.O.C. was held up pending staff approval of RE-2362. November 24, 1998 Memo from DPS staff. Eric Jerman, Planner, calls Mr. Andy Pederson and requests a letter detailing the commercial operation at the site. November 24, 1998 Faxed letter to DPS from Lightning Wireline, Inc. detailing the oil and gas support and service operation. Letter indicates that the company has been in operation for five (5) years. November 24, 1998 Memo from DPS staff. Eric Jerman called Mr. Pederson and asked him to apply for a USR application to substantiate the commercial operation. December 16, 1998 Letter to Wayne and Kris Howard from Sharyn Frazer, Weld County Zoning Compliance Officer notifying the Howards of a potential violation of the Weld County Zoning Ordinance unless a USR is approved for the commercial operation and the mobile homes. SERVICE,TEAMWORK,INTEGRITY,QUALITY RE-2362 Pg. 1 EXHIBIT i a January 20, 1999 Me from Eric Jerman to Sharyn Frazer, r esting that she follow up on 'wetter to Mr. Howard, dated Decembe , 1998. January 21, 1999 Letter from Sharyn Frazer to Wayne and Kris Howard notifying them that because a USR application had not been received by DPS the uses on their property are "being considered as a zoning violation" of the Zoning Ordinance. January 25, 1999 Memo from Eric Jerman. Mr. Andy Pederson submits an incomplete application for a USR. He is instructed which items are missing from the application. February 19, 1999 Memo from Eric Jerman. Mr. Andy Pederson submits a complete application for USR. February 24, 1999 Letter to Monica Danials-Mika, Director of Planning, from Mr. Wayne Howard requesting to record the plat for RE-2362 prior to completing the USR application process. February 25, 1999 DPS approves recorded exemption 2362. Condition of approval 2.A. reads, " Evidence of an approved and recorded plat for a Use by Special Review for an oil and gas support operation shall be given to the Department of Planning Services prior to recording the plat for Recorded Exemption # 2362." March 9, 1999 Mr. Wayne Howard requests that the conditions of approval for RE-2362 be reconsidered. March 12, 1999 Mr. Wayne Howard requests that the conditions of approval for RE-2362 be reviewed by the Board of County Commissioners. SERVICE,TEAMWORK,INTEGRITY,QUALITY RE-2362 Pg.2 • • D -H. , DEPARTMENT OF PLANNING SERVICES I PHONE (970) 353-6100, EXT.3540 WI D FAX (970) 352-6312 C. WELD COUNTYADMINISTRATIVE 1400 N. 17TH AVENUE COLORA O GREELEY, 80631 COLORADO March 22, 1999 Board of County Commissioners Weld County Centennial Center 915 10th Street, Colorado 80631 RE: Recorded Exemption -2362 Terra Holdings, Inc. Dear Commissioners: On February 25, 1999 the Department of Planning Services approved Recorded Exemption # 2362 for Terra Holdings, Inc. Mr. Wayne Howard is the owner of Terra Holdings, Inc. The legal description is part of the SW4 of Section 32, Township 5 North, Range 65 West of the 6th PM, Weld County, Colorado. The location of the site is East of and adjacent to WCR 39 and South of and adjacent to WCR 50.5. There are approximately 60 acres in this parcel. The parcel number is: 0961 32 300021. As I have stated above, the Department of Planning Services staff has approved this recorded exemption however the applicant, Mr. Wayne Howard, has concerns with the Conditions of Approval. Specifically, Mr. Howard objects to Condition of Approval # 2 A. which reads as follows: Prior to recording the plat: Evidence of an approved and recorded plat for a Use by Special Review for an oil and gas support operation shall be given to the Department of Planning Services prior to recording the plat for Recorded Exemption#2362. This condition stems from the fact that on the proposed lot A for the recorded exemption there is an existing oil and gas support operation, Lightning Wireline, Inc., with trucks, equipment and materials stored on site. There are also three mobile homes on the site. Two of the mobiles are rented out to employees of Lightning Wireline, Inc., and the third is used as an office for the commercial operation. There is a Certificate Of Compliance (C.O.C.) pending for the office but the other two mobile homes are currently not permitted. Section 31.4.1 of the Weld County Zoning Ordinance declares that Oil and gas support and service facilities may be operated in the Agricultural District upon approval of a permit in accordance with the requirements and procedures set forth in Section 24, Uses by Special Review, of the Weld County Zoning Ordinance, as amended. The two mobile homes used for residential uses will be addressed through a Use by Special Review process. [RE-2362, Wayne Howarc • Page 2 Historically, the Department of Planning Services has required that applicants clear up any outstanding violations of the Zoning Ordinance prior to recording a plat for recorded exemption applications. In the spirit of the Department of Planning Services' office policy Staff has approved RE-2362 with the condition that an approved Use by Special Review (USR) plat be recorded for the commercial operation prior to recording the recorded exemption plat. Mr. Howard and Mr. Andy Pederson, owner of Lightning Wireline, Inc., have been aware of the need to complete a USR application to clear up violations since April of 1998 when they discussed this issue with a member of the Department of Planning Staff. The current Department of Planning Staff believes that Mr. Howard has had plenty of time to submit and complete the USR application process. On February 19, 1999 Lightning Wireline, Inc. submitted to the Department of Planning Services a completed application for a USR for an oil and gas support operation. USR-1226 is scheduled to be heard by the Planning Commission on April 20th, 1999. The Department of Planning Services Staff requests that the Board of County Commissioners consider Staff's Conditions of Approval for Recorded Exemption #2362. Sin ely, Cc L. Eric Jerman Planner N M MEMORANDUM wok FROM: Eric TO: RE-2362 COLORADO Jerman, Current Planner ip3SUBJECT: USR application for"oil and gas support and service" February 19, 1999 Andy Pederson brought in a USR application today. It was accepted by the planner on call. SERVICE,TEAMWORK,INTEGRITY,QUALITY M N ‘1)Cfrat1 MEMORANDUM WI`P . TO: RE-2362 COLORADO FROM: Eric Jerman, Current Planner SUBJECT: USR application for "oil and gas support and service" January 25, 1999 Today Andy Pederson was in the office to drop off his USR application which is required for the existing commercial operation he has been operating as well as for the two mobile homes he rents out to employees and the third Mobile home he uses as an office for his business. The application was incomplete. The items remaining include: 1. Signature 2. Soils report 3. Septic permit 4. Well permit 5. Landscaping plan, maintenance 6. 8"X11" plot plan 7. 24"X35" maps SERVICE,TEAMWORK,INTEGRITY,QUALITY 1 s . CITIZEN INQUIRY FORM WELD COUNTY DEPARTMENT OF PLANNING SERVICES/BUILDING INSPECTION 1400 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100 Ext. 3540 Fax: (970) 352-6312 ❑ TELEPHONE U OFFICE FIRST INQUIRY? CIYES CINO DATE: / /Z0 / 9 9 NAME: Ri G to )" - '-' PHONE: ADDRESS: TYPE OF INQUIRY: RR- - 2 -3Z / ri4.4. Ho k itir - MHZP _ SKETCH PLAN _ MINOR SUB SKETCH PLAN ZPMH _ PRELIMINARY PLAN _ MINOR SUB FINAL PLAT )( RE _FINAL PLAT _ ZONING _ AMENDED RE _ RESUBDIVISION ADDRESSING_ _ SE _ FHDP _ BUILDING PERMIT _ AMENDED SE _ GHDP _ SETBACKS/OFFSETS _ SITE PLAN REVIEW _ USR _ HOME OCCUPATION _ REZONING _ AMENDED USR _ VIOLATION _ PUD SKETCH PLAN _ USR MINING _ OTHER _ PUD DISTRICT _ USR MAJOR FACILITY PUD FINAL PLAT 1 USR DISPOSAL SITE _ _ STAFF PERSON: A J ITEMS DISCUSSED: j Apivot r"ii&I �L 2 + cc*J i oujita-tif ARA* #(..,a-oc--- (ip col it o-2 .2) 7e.1(-e2 e Gc,—L-tr--(.e 4 t 2 I (, , lgacl. • Time Spent: / 0 Staff Member's Initials: I' eitizen.shl ill CITIZEN INQUIRY FORM ' WELD COUNTY DEPARTMENT OF PLANNING SERVICES/BUILDING INSPECTION 1400 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100 Ext. 3540 Fax: (970) 352-6312 ❑ TELEPHONE ❑ OFFICE FIRST INQUIRY? ❑ YES ❑ NO DATE I ( i 2 `t1 r b NAME: Akika \/ - 1" f SOn J PHONE: tie �9 IC�( - /.el-7 ADDRESS OR LEGAL DESCRIPTION: lc l A gl 2 ? 7 Z REFERENCE NUMBER: TYPE OF INQUIRY: _ MHZP _ SKETCH PLAN _ MINOR SUB SKETCH PLAN ZPMH PRELIMINARY PLAN MINOR SUB FINAL PLAT _ - /RE _ FINAL PLAT _ ZONING _ AMENDED RE _ RESUBDIVISION - ADDRESSING _ SE _ FHDP _ BUILDING PERMIT _ AMENDED SE _ GHDP - SETBACKS/OFFSETS _ SITE PLAN REVIEW X USR - HOME OCCUPATION _ REZONING _ AMENDED USR _ VIOLATION - PUD SKETCH PLAN _ USR MINING _ OTHER _ PUD DISTRICT _ USR MAJOR FACILITY PUD FINAL PLAT 1 USR DISPOSAL SITE _ STAFF PERSON: Eric Jp r vvAcr v1 ITEMS DISCUSSED: I Co q et) Avvc y CvKO (/�ClU /Mini -CO 0 p,ppt V 47' C (VAK w)ll p H e O Li JP. r A Lc 16 US/ Ire,9 } )e ICI i1)n &Sirf( QC 1-J ' f( Chp ?rdoe Ite yip 17a�li/)4 Fi- rp_E- - 23(cZ - Cur1`e41y et (I -i h fe (2 Cr A; Mu(f.) ;/p 17 r,-rvir s ore 1 O 0 re (cr %/d,,/9. HIS (1601 WIl'il (Cl/ Op4'1cf / v) i' � Ii i Time Spent: 7a Staff MembE r Initials: citizen.shl / • CITIZEN INQUIRY FORM WELD COUNTY DEPARTMENT OF PLANNING SERVICES/BUILDING INSPECTION 1400 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100 Ext. 3540 Fax: (970) 352-6312 ' / XTELEPHO U OFFICE FIRST INQUIRY? ❑ YESXNO DATE ( 1 Du Ill NAME: f nd y Pe itis(I /9 PHONE: 4 7C) wI 'i - kV 7 ADDRESS OR LEGAL DESCRIPTION: REFERENCE NUMBER: TYPE OF INQUIRY: _ MHZP _ SKETCH PLAN _ MINOR SUB SKETCH PLAN ZPMH - PRELIMINARY PLAN _ MINOR SUB FINAL PLAT 14 RE _ FINAL PLAT _ ZONING _ AMENDED RE - RESUBDIVISION ADDRESSING SE _ FHDP _ BUILDING PERMIT _ AMENDED SE _ GHDP _ SETBACKS/OFFSETS _ SITE PLAN REVIEW - USR - HOME OCCUPATION _ REZONING _ AMENDED USR _ VIOLATION PUD SKETCH PLAN USR MINING OTHER - - - _ PUD DISTRICT _ USR MAJOR FACILITY PUD FINAL PLAT _ USR DISPOSAL SITE _ STAFF PERSON: . fI C., J IMO /1 ITEMS,r�� DISCUSSED: 1 ( P , 27L 2.. 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I fr(;/ Elie r-4nn,r, islcof �ikfi,- (A; c\,i4 i NI --'• �KCl y Lt r r L ,.'l !f/≥ G7(' (E (jv( c 6kyri Ve 'f]�,p 2E . b ci+ 1 ^.t4-• WoOfO /0 6 is / #cr -rc `' 1( i/-s-/ Time Spent: ( 5 Staff Member Initials: Z J citizen.shl CITIZEN INQUIRY FORM WELD COUNTY DEPARTMENT OF PLANNING SERVICES/BUILDING INSPECTION 1400 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100 Ext. 3540 Fax: (970) 352-6312 ❑ TELEPHONE ❑ OFFICE FIRST INQUI Y? ❑ YES ❑ NO DATE: I I �G I CO NAME: VU(.NvI1it 4 LAI CA i) PHONE: ADDRESS: TYPE OF INQUIRY: MHZP - SKETCH PLAN MINOR SUB SKETCH PLAN _ ZPMH _ PRELIMINARY PLAN _ MINOR SUB FINAL PLAT X RE _FINAL PLAT _ ZONING _ AMENDED RE _ RESUBDIVISION _ ADDRESSING SE - FHDP _ BUILDING PERMIT _ AMENDED SE _ GHDP - SETBACKS/OFFSETS _ SITE PLAN REVIEW USR - HOME OCCUPATION _ REZONING - AMENDED USR _ VIOLATION _ PUD SKETCH PLAN USR MINING _ OTHER _ PUD DISTRICT _ USR MAJOR FACILITY _ PUD FINAL PLAT _ USR DISPOSAL SITE _ STAFF PERSON: t c .P I.`c\Atli( ITEMS DISCUSSED: ' I U --•O YV'06 )P )P �1 0 rvl c s 1111 l�6 ZPP tf s resi�:cnt d�'1 itL31''jcrI l� * A A0S C\r3piCc.c) I `"r C .OIC 6r- col a(re'56eir7, rla ), le /?ctiP for all o-ic . _ . fill ce _ G- u M 41 l 7 LO - A-cc ec ;y •fc F' {-ti % p tti\ H 9 c7 Z_ — pc ; lcI ,el( Di_titP i 11 C Time Spent: ' Staff Members Initials: ( 1 _ citizen_shl DEPARTMENT OF PLANNING SERVICES (1 Weld County Administrative Offices 1400 N. 17th Avenue Greele353-610, , OE 83541 (it Phone(970) 353-6100, Ext. 3540 Fax (970) 352-6312 III 1 k COLORADO October 6, 1998 Terra Holdings, LLC c/o Wayne Howard 22577 WCR 64-1/2 Greeley, CO 80631 Subject: RE-2362 - SW4 of Section 32, T5N, R65W of the 6th P.M., Weld County, Colorado. Dear Applicant: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of the Weld County Subdivision Ordinance, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria, you will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Evans and LaSalle Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Evans and LaSalle Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Town of Evans at 970-339-5344 and Town of LaSalle at 970-284-6931,for further details regarding the date, time, and place of these meetings. If you have any questions concerning this matter, please call me. Sincerely, Eric Jerman Planner EXHIBIT 41 DEPARTMENT C u PLANNING SERVICES Weld County Adminisfiative Offices 1400 N. 17th Avenue Greeley, CO 80631 W O Phone(970) 353-6100,ax(97 Er; 3540 u�l &K fax Fax(970)a -6312 COLORADO 14 50'� CERTIFICATE OF COMPLIANCE Case Number-CC-98- MANUFACTURED HOME OR MOSILE HOME Planner AS A TEMPORARY ACCESSORY USE AS AN OFFICE Date I' ( 018 I hereby certify, under penalty of perjury and after carefully reading the entire contents of this document, that the below stated information Is true and correct to the best of my understanding and belief. 1- A zoning permit for more than one manufactured home or mobile'home as an accessory office unit in the'A' Agricultural Zone District may be issued only upon approval by the Board of County Commissioners, Further, I,the undersigned, meet the following conditions which are required to be eligible for this permit i 2. The manufactured home or mobile horn used as an accessory office is necessary for the effective and economic operation of the principal use; Please state the reason(s)which show that the manufactured home or mobile home as an accessory office unit is necessary for the effective and economic operation of the agricultural use. N Czej GC/1)-11M b y p L < IC WO L� 2. The manufattured home or mobile home used as an accessory office will not be used for residential purposes; 3. Adequate water and sewage disposal facilities are available to the manufactured home or mobile home; A. No reasonable alternative is available for an office use, and 5. The manufactured home or mobile home as an accessory officemnit is not the first dwelling unit on the parcel of land. 6. All zoning permits for manufactured homes or mobile homes used as an accessory office are temporary. 5,; di permits shall automatically expire and the manufactured home or mobile home shall be removed upon the cessation of the use of the manufactured home or mobile home as an accessory office. All manufactured homes used as an accessory office are temporary. The manufactured home shall be removed from the property upon the cessation of the use of the manufactured home as an accessory office use. (Weld County Zoning Ordinance 46.2.5.4). COUNTY OF WELD STATE OF COLORADO C- OLA C Property address:/ 24300 WC-11- 39 Legal description: PrintName: A ti b'/ 76-Ter?So r-' Signature WetA et 0 Subscribed and sworn to before me this_ / day of \JO. 1 g—� Notary Pub My commission expires \(\ia �\ 2 3 - ZCO1 Tooz jJ Did 60:FT R6/AT/TT • • `c TERRA1 *WEST REAL ESTATE SERVICES INC. P.O. E3ox 367 Greeley, CO 80632 Tel: 970-353-0982 February 24, 1999 Weld County Planning Dept. Fax: 970-3534042 Ms Monica Daniels-Mika, Director FEB 25 1999 Department of Planning Services 1400 N. 17th Avenue RECEIVED Greeley, CO 80631 RE: Recorded Exemption Application for Terra Holdings, LLC Dear Monic: I am writing this letter to request your personal reconsideration of a current staff decision to with hold approval and process of the above referenced recorded exemption until the associated Use by Special Review application of Lightning Wireline, Inc. is approved. As you can verify from your file,this situation has continued for many months, much to our mutual disappointment. I would like to give you a very brief and shortened version of the chain of events that has brought us to this point, for your background information only. Realizing that you and your staff do not know me personally, I understand that you have no way of knowing what our motivations, reputations or even what kind of integrity we have. It has certainly never been either Andy Peterson's, (Lightening Wireline) or my intention to have this process drag out so long or to in any way attempt to circumvent, avoid or disregard the Weld County Planning Rules and Regulations. If I knew a year ago what I know now, I would not have relied on the advice and word of a couple of attorney's and surveyor in this complicated situation. I had previously consulted with Shani on this property about several possibilities. When some of those possibilities did not materialize, we negotiated a contract for sale with Lightening Wireline subject to an RE approval. I had explained the process to Andy at that time and advised him to confirm the process and any questions he had with Shani. He did and we proceeded. He understood fully that he had to have a special use permit. I ordered the survey on the property from McRae and Short because they had done some previous work on the property locating oil wells and ditches for planning purposes. They discovered that the boundary fence was not on line and that there could be a potential dispute in the future over a couple of related boundary issues. Because the buyer was not in any hurry I told them that I thought it best for all concerned to resolve that issue first. The buyer agreed. The boundary line dispute could not be resolved quickly because the other owner was very ill and delays continued. Eventually the other party died and the boundary issue was referred to his son who is an attorney in Cheyenne, WY. Need I say more? After numerous phone calls, additional survey's to satisfy the attorney, the attorney agreed to proceed with mutual Quit Claim Deeds to correct the boundary survey between the properties. Assuming that things were now on track we tried to allow a few extra months for any other unforeseen things to happen and set new closing dates I allowing for appropriate time for the RE to be completed. It was our intention that Andy would make application for his Special Use Permit after he had acquired title. Andy gave notice to his present landlords and we proceeded with completion of the RE. After a couple of more months of frustration from the WY attorney, and for totally unexplained reasons to both my attorney and the title company,the Wyoming lawyer refused to complete the Quit Claim Deeds because of mineral right concerns, so he said. So now my attorney advised me to survey the property with the existing fence line as the boundary for the purposes of the RE. In the mean time, Andy had to move his trucks and business because his lease had expired, and he didn't have a place to go with them. I leased him the property so that he could have legal possession of the property until closing. We just wanted to get the RE done so that Andy could deal with the SUP. However, after the RE was submitted, Eric found that the property was out of compliance, nothing serious but never the less the cart before the horse. At that time Eric informed me that the RE would not be processed until the Special Use Permit was submitted. Although disappointed we understood the rules and proceeded with that process which required the buyer to have the property surveyed again and all existing structures located and plotted. After finally getting all the necessary requirements for application completed and assembled, the application was submitted last week. (The major delay in getting the application was caused by delays from the surveyor completing the plat) Because of so many unforeseen and unexpected events,there has been a few things done out of order or prematurely,but none with intent to circumvent the rules. The buyer has a very legitimate business and wants his property and business to be in legal compliance with the Special Use Permit process. He is anxious to see this process completed to your satisfaction. Because of our previous understanding that the RE would be processed upon application of the Special Use permit, other arrangements for loan closings and other related property closings have been scheduled that relate to this closing late in March and early April, 1999. If the RE application process is now stopped or delayed further, it will have a very costly effect to other innocent parties. The buyer understands his responsibility and will agree in writing to voluntarily cease and desist his operations if the application for special use is denied. From all indications we feel that the SUP is 99% sure. It would appear to us to be no different than if the RE was previously approved and then he started the business without a special use permit. He would still be required to obtain a permit or cease and desist operations. It is our understanding that you now clearly have that authority to enforce. The only reason that this situation has got to this point, is not because we have been trying to avoid the rules and regulations but because many unforeseen circumstances which prevented their orderly accomplishment. Is there any agreement that I can make with you in regard to my property that would insure the satisfactory completion of the SUP application? I will not appeal the staff decision to the board to circumvent your authority,but I would very much appreciate your special consideration of this matter because of the many unusual circumstances. I would welcome the opportunity to answer any questions you may have in more detail, and try to negotiate a more suitable conclusion to this situation for all concerned. Thanking you in advance for you consideration. Sincerely, • DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1400 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 352-6312 C. COLORADO WELD COUNTY ZONING VIOLATION NOTICE January 21, 1999 Wayne and Kris Howard Andy Peterson-Tenant 22577 Weld County Road 64-1/2 24300 WCR 39 Greeley, CO 80631 LaSalle, CO 80645 • Subject: VI-9800205, The SW4 of Section 32, T5N, R65W of the 6th P.M., Weld County, Colorado. Dear Mr. and Mrs. Howard and Mr. Peterson: The uses on the above described property are being considered as a zoning violation of Sections 31.231.4.1, and 43 of the Weld County Zoning Ordinance. After speaking with Mr. Wayne Howard late in December, 1998, it was determined that Mr. Peterson would submit the application for a USR as quickly as possible. The application has not been received by the Department of Planning, to date. It is the intention of this office to assist and cooperate with you without imposing undue hardships; however, we have no discretion in this matter if you fail to correct this violation. You have 30 (thirty) days from January 21, 1999, to correct this zoning violation. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action. Any information you have that may help to resolve this matter will be helpful. This office is ready to be of any assistance in clarifying or answering questions concerning this matter. Please contact me at the above address or telephone number. Sincerely,\--)Sharyn F zer, ACED Code Compliance Officer pc: VI-9800205 Eric Jerman, Planner SERVICE,TEAMWORK,INTEGRITY,QUALITY rs trt;;), DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices I 1400 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 C. Fax: (970) 352-6312 COLORADO December 16, 1998 • Wayne and Kris Howard Andy Peterson -Tenant 22577 Weld County Road 64-1/2 24300 Weld County Road 39 Greeley, CO 80631 LaSalle, CO 80645 Subject: VI-9800205, The SW4 of Section 32, T5N, R65W of the 6th P.M., Weld County, Colorado. Dear Mr. and Mrs. Howard: It has come to the attention of the Department of Planning Services' staff that the uses on your property (24300 Weld County Road 39) may not be in compliance with the Weld County Zoning Ordinance. The potential noncompliance with the zoning ordinance is the operation of a commercial oil-support business, including employees living on site in two mobile homes and the third mobile home being operated as an office. This type of operation occurring in the A (Agricultural) zone district requires a Use by Special Review. I have included a copy of the application materials for your review. • Please call me within five working days of the date of this letter to review these concerns with me. kar, AE ° Code Compliance Officer pc: VI-9800205 Ericlerman, Planner SER VICE,TEAMWORK,INTEGRITY,QUALIFY 11/25/98 07:23 FAX 9706894077 PEM-LWI-RAM-WWS O92 • • 7 LIGHTNING WIIIELINE, INC. P.O. BOX 1531 • LOVELAND, COLORADO 80539 • 970-669-8059 • FAX 970-669-4077 November 24, 1998 Mr. Eric Jerman Weld County Department of Planning Services 1400 N. 1 ri Avenue Greeley, Co 80631 RE: 24300 WCR 39 LaSalle, CO 80645 Dear Mr. Jerman: You have asked that I detail our plans for the subject property in the event we are able to purchase it from Terra Holdings, LLC. Lightning Wireline, Inc.. provides oilfield wireline service to independent oil companies in the area. We have been in business five years. We employ seven people and have two one-ton wireline trucks. two swab rigs (small self-propelled units), one semi-tractor haul truck, a Caterpillar tractor, plus several trailers and associated equipment. We propose to use the property for a yard in which to store equipment and from which to dispatch trucks_ Anticipated traffic at the site consists of employees arriving in the morning, driving trucks out to job sites, returning in the evening. No major fabrication, assembly or customer traffic will occur. Nighttime and weekend operations will be rare. The property has two existing mobile homes, currently occupied by our employees_ We moved in a third unoccupied trailer to be used as office space. for which a building permit application is pending. A 36' x 64' shed is located on the property, currently used for parts and equipment storage. We do not anticipate additional building at this time, aside from security fencing and lighting. Horse corrals and pens still exist at the site, but we do not anticipate having any animals on the property_ Water is provided by a 50 gpm well, permitted & approved. Sewage is permitted & approved septic on the two occupied trailers. The surrounding area is currently alfalfa hay ground on two sides and railroad switching yard on the other two sides. The Union Pacific main rail line is on the west side of the property. The property abuts a municipal area and is located within the Weld County Urban Growth Boundary. We feel that our use of the property can therefore be consistent with Weld County A district zoning ordinances and the Comprehensive Plan. As light industrial growth moves out of LaSalle towards the property, we feel that our relatively low impact operation could conceivably be less objectionable to surrounding 11/25/98 06:29 TX/RX NO.3521 P.002 II 11/25/98 07:23 FAX 9708677 PEM-GWI-RAM-WWS • O93 Mr. Eric Jerman November 23, 1998 Page 2 occupants than the horse facility this property was previously used for, in terms of noise, dust and odor We have not previously applied for a Use by Special Review as we are still somewhat unsure if Terra Holdings can work out several boundary related issues, and consequently do not know for sure that we will be able to purchase the property. Please advise when we may provide further information. Sincerely, 164 Andy Peterson President /asp cc: Terra Holdings, LLC 11/25/98 06:29 TX/RX N0.3521 P.003 I-6K 6 AimeeAPPLICATION FLOW SHEET COLORADO APPLICANT: Terra Holdings, Inc. CASE #: RE-2362 REQUEST: Recorded Exemption on 60 Acres LEGAL: SW4 Section 32, Township5N, Range65W wcia. bvK=R- LOCATION: East of and adjacent to AC-39 and South of and adjacent to4FC 50.5 PARCEL ID #: 0961 32 300021 ACRES: 60 Date By Application Received 10/5/98 JAC Application Completed 10/6/98 EAJ Referrals listed 10/6/98 EAJ Design Review Meeting (PUD) File assembled in- g-q2S (,t Letter to applicant mailed LYK-CIE �1t i'T Vicinity map prepared Referrals mailed lU g- Chaindexed in'$-Q3 Field check by DPS staff f l I j 2: 93 Administrative Review decision: k-'.1.;),•e •- Z)a. j II `V t, i Date By County Commisioners Hearing Date (if applicable) Surrounding property owners notified Air photo and maps prepared 00.-5 - s. L 4, k - CC action: CC resolution received Recorded on maps and filed Overlay Districts Zoning _A Airport Yes No_x_ Geologic Yes No_x_ Flood Hazard Yes No x_ Panel#_080266 0775C .:'Planning File Flaw Sheet c� ��' , DEPARTMENT OF PLANNING SERVICE Weld County Administrative Offices, 1400 N. 17th Avenue, Greeley, Colorado 80631 Phone (970) 353-6100, Ext. 3540 - Fax# (970) 353-6312 APPLICATION FOR RECORDED EXEMPTION Application Fee 9Cjn 0 Receipt Number Case Number TZ -�3(0Z Recording Fee c'" ceipt Number Zoning District A- Application Checked By Planner Assigned to Case TO BE COMPLETED BY APPLICANT: (Print or type only except ter required sigrlattfe55Y I (we), the undersigned hereby request that the following described propR(y log de jg{ ted a recorded exemption by the Weld County Board of County Commissioners. U(.) I `J J Jyd Legal Description: N 60 Ac. SW'+ 32,T5N,R65W Total A dppa�2s to-Q, : ;p;Zp0ing 7. 4 4 "• W k aE li it Parcel Number: 0 9 6 1 3 2 3 0 0 0 2 1 (12 digit number - found on Tax I n ormation or obtained at the Assessor's Office). Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No X Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes X No Does the parcel of land under consideration lie in any of the following Overlay Districts? Flood Hazard: Yes No X ; Airport: Yes No X ; Geological Hazard: Yes No X FEE OWNERS OF PROPERTY II Name:Terra Holdings, Ur Home Phone# Work Phone # 353—0982 Address: P.O. Box 367 City/State/Zip Code Greeley, CO 80632 Applicant or Authorized Agent: Wayne Howard Phone # 353—0982 3 Address: 22577 WCR 64� City/State/Zip Code Greeley, CO 80631 e: Home Phone # Work Phone # Address: City/State/Zip Code • Larger Parcel Smaller Parcel Smaller Parcel Applicable only for 3-lot Recorded Exemption Water Source CWCWD TAP DOMESTIC WELL Type of Sewer Septic Septic Proposed Use Agricultural Industrial(SOP) Acreage 55.0± 5.0± Existing Dwellings NO YES Yes or No Existing Dwellings Address (if applicable): Larger Parcel N/A Smaller Parcel 24300 WCR 39, LaSalle, Smaller Parcel (applicable only for 3-lot Recorded Exemption) I hereby state that all statements, proposals, or plans submitted with this application are true and correc D3 D3 the best of my knowledge. x Rev: 1-27-97 Sig at e: Owner or Authorized A en ma 5 990680 RECORDED EXEMPTION QUESTIONAIRE North 60 acres of the SW'/4 Section 32, T5N, R65W 1)a) Domestic Use: The smaller parcel currently has a domestic well, Permit#140236. The larger parcel currently has a CWCWD tap. b) Irrigation Water: Both parcels have an adjudicated irrigation well that pumps 1225 GPM. This will supply adequate irrigation water for both parcels. There are no surface water rights associated with either parcel. 2) The smaller parcel currently has building improvements consisting of two mobile homes, shed and miscellaneous support buildings and a few corrals. The smaller parcel currently has two separate septic systems that are in good condition and currently in use. Soil types for both parcels will adequately support septic systems as required by the Weld County Health Department. 3) The property is currently being operated as a flood irrigated farm and livestock operation. It consists of approximately 55 acres of prime farmland and 5 acres of non-prime farmland as defined by the Weld County Comprehensive Plan. The property is irrigated by an adjudicated irrigation well with cement irrigation ditches. The property has two natural gas wells along with a production battery site. 4) The owner wishes to sell building improvements and approximately 5 acres to reduce debt and maximize highest and best use of both parcels. The purchaser of the smaller parcel is making a concurrent application for a special use permit. Since the total property is in the economic development zone designated by the town of LaSalle for light industrial use, the balance of the property, or Lot B will very likely be annexed to the town of LaSalle. 5) The subject parcels are located adjacent to the LaSalle City Limit just east of the Union Pacific Rail Road ROW on WCR 39. The smaller parcel will be approximately 5.0 acres and the larger parcel approximately 55 acres. The area in which the new parcels will be created are predominately small rural irrigated farms and tracts from 5-40 acres with some small rural residential 5-10 acre tracts adjacent to the subject. 6) There are no unique physical characteristics on the site that need to be addressed, except that the property is in the natural area of expansion for the town of LaSalle. 7) The existing structures on the smaller parcel meets the minimum setback requirements for the agricultural zone district. The larger parcel has no improvements and therefore can be required to meet current setback requirements when and if future development occurs. 8) Because of time constraints and potential financial consequences, the owner does not wish to pursue a conservation easement at this time. 9) There will not be a building envelope designated on either parcel since the larger parcel will likely be annexed to the town of LaSalle. The smaller parcel will not take any prime agricultural land out of agricultural production. 10) The proposed uses of both parcels will be compatible with existing surrounding land uses. The smaller parcel is in process of a special use permit and will be used as light industrial oil field service business. The larger parcel will be annexed to the town of LaSalle for light industrial use. 11) The proposed partitioning of the property is consistent with the intent of the agricultural district as expressed in the amended Weld County Zoning Ordinance, and the Weld County Comprehensive Plan. One parcel will remain zoned agriculture and will allow utilization of each parcels highest and best use after the special use permit is obtained. 12) The proposed partitioning of the property is consistent with efficient and orderly development as defined in the Weld County Subdivision Ordinance, Section 1.3. It will not create any known hazards or environmental problems to the community. 13) The proposal is consistent with the efficient and orderly development as defined in the Weld County Subdivision Ordinance, Section 1.3 and will assist in the ultimate and orderly integrated development of the property for the residents of both Weld County and the City of LaSalle. The subdivision of the land will enable and enhance a higher use of the land for both the county and the adjacent city. Account Mine? Twn? I Bik/Lot Condo?bile? Sales? R4071686 N Owner Narne�ld TERRA HOLDINGSSLL L'� 1 791136°00 '� Year Disaict i P o BOX 367 Legal Description GREELEY CO 80632 '13511-A N60A N2SW4 32 5 65 EXC 1999 0138 W2W2 THEREOF(1.55R 3RR) Apr Dist St I I SECT TWN,RNG:32.05-65 BK:1594 PARCEL:096132300021 A Parcel Number MH Space Sequence 096132300021 - - - -- - -- -- Street tip Ora N sfreet-Nan 1+ +,„�: Tyre a i s 1 . + Version •a a. fti a ' .. �, R.,<: rf .: n ---mt :Vii''ft - .. Location City . Location p•: Acct Type Lagt 1999 .,.+.tlim ' " ' - m . .1 f 't.! h :'PI BACode Owner Id Owner Location Map N Ijo )(/ Business Name Ire. .% Name I I Tax Items n Protest(T) Y [J Situs I PrelSuc " 't° ' H Mobile Aut n Personal(P I Mobile Remarks E Value E Oil and Gas I Tract _', Tax Sale _ Current Year Prior Version Go To Imaging n Condo I Spec As Railroads Prior Year Ne(x)t Version Abatement - , Control Block I I Mines --_ Next Year Clerk's Doc's I Property Card Sales I Sibling i I History I. Misc(M) Flags Update Clear Exit E - z36, a 4_07 A _ Q a 7 Z 143°0 Id(Kt 31 I-0T 3 = o- Y zc-1 Y45 60(et 3S 64-6/ - 3?- 3 - Tzt z3& 2 i�,�" ki, V — • 3 $ 1_Y x it.? 'ib' X x o x x x 20(02.23' ‘, .,___ 5844"t5' 2.0"w jit,,Si s svg C.ot-.,Sec..3Z,TSNA, n f2t°5W, 2'/L" Alum. Cckp \ LSZ3501 -- -- 60.( I'--) IOW Cor. ,Stc..5,T41J,P45W, WCR ' IJo. 4 x 30" Rebgr u4.3 1/4' Alum. Cap LS 7Z4e. Ir. Mon. t3ox (3OEIS oc rear ln9s: , Assume the Il10 rtin Line of the. S\,,../ 1/.4 Sec. 3Z 4to Bear Nq0°00'CO"E as Monumembeti g . a • Riv ID ' I1 , •I01.0 me St .. • w,a• fY Dy" 0,0 .11..w East La Sall • v • \ _ ' ^' 4.a .% a Monomer //i.e. 6 I S wo Dt3scri bed / / I( i I. ebctr w/ LoCAxtlon Map A-Mr icult R. =h.-cider crate.: I" = Z0CO' C5-Oil % Go REFERRAL LIST • NAME: Terra Holdings, Inc. CASE NUMBER: RE-2362 REFERRALS SENT: October 6, 1998 REFERRALS TO BE RECEIVED BY: October 28, 1998 COUNTY TOWNS and CITIES Attorney Ault _X Health Department Brighton Extension Service Broomfield Emergency Management Office _Dacono Sheriff's Office Eaton Public Works:_X_Don Carroll Ron Broda Erie Housing Authority _X Evans Airport Authority Firestone Building Inspection Fort Lupton Frederick STATE Garden City Division of Water Resources Gilcrest Geological Survey Greeley Department of Health Grover Department of Transportation Hudson Historical Society Johnstown Water Conservation Board Keenesburg _Oil and Gas Conservation Commission Kersey Division of Wildlife: _X LaSalle West of 1-25 (Loveland) Lochbuie _X East of 1-25 (Greeley) Longmont Division of Minerals/Geology Mead FIRE DISTRICTS _Milliken Ault F-1 New Raymer Berthoud F-2 Northglenn Briggsdale F-24 Nunn Brighton F-3 _Pierce Eaton F-4 Platteville Fort Lupton F-5 _Severance Galeton F-6 Thornton Hudson F-7 Windsor Johnstown F-8 _X La Salle F-9 Mountain View F-10 COUNTIES Milliken F-11 Adams Nunn F-12 Boulder Pawnee F-22 Larimer Platteville F-13 Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES Poudre Valley F-15 US Army Corps of Engineers Raymer F-2 USDA-APHIS Veterinary Service Southeast Weld F-16 Federal Aviation Administration Windsor/Severance F-17 Federal Communication Commission Wiggins F-18 Western Hills F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER Fort Collins Central Colo.Water Conservancy Dist. _X Greeley Panhandle Eastern Pipe Line Co. Longmont _X School District RE-1 West Adams EXHIBIT Ginny Shaw(MUD) Ditch Company COMMISSION/BOARD MEMBER 990681 OCT-13-98 TUE 12: 14 CIT• EVANS FAX Na 304095344 P. 01 &cfg avelt4" Weld County Referral O October 6, 1998 COLORADO • • The Weld County Department of Planning Services has received the following item for review: D Applicant Terra Holdings, Inc. Case Number RE-2362 Please Reply By October 28, 1998 Planner • Eric Jerman Project Recorded Exemption on 60 acres Legal SW4 of Section 32, T5N, R65W of the 6th P.M., Weld County, Colorado. Location • East of and adjacent to Weld County Road 39 and south of and adjacent to Weld County Road 50.5 Parcel Number 0961 32 300021 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your.recommendation Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. ❑ we have reviewed the request and find that it does/does not comply with our Comprehensive Plan >I We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature to )!l/ 13/98 Agency es- Date 111 +Wald County Planning Dept. 41400 N. 17th Ave. Greeley CO 80631 x(970)353-6100 ext.3540 0(970)352-6312 far EXHIBIT 10/13/98 12: 19 TX/RX NO.2796 P.001 • • Weld County Planning Dept. • 6 OCT 1 5 1998 tavelt, Weld Co Wf Wr October 6, 1998 • COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Terra Holdings, inc. Case Number RE-2362 Please Reply By October 28, 1998 Planner Eric Jerman • Project Recorded Exemption on 60 acres • Legal SW4 of Section 32, T5N, R65W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to Weld County Road 39 and south of and adjacent to Weld County Road 50.5 Parcel Number 0961 32 300021 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date rrav be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: • Signature C � /(f1/4/74/ Agency eg. 564/en>, Date •:•Weld County Planning Dept. •.1400 N. 17th Ave. Greeley, CO. 80631 4(970)353-6100 ext.3540 :•(970) 352-6312 fax EXIT • • tl 6 140 Weld County Planning Deihl County Referral 0CT 214 19980 October 6, 1998 COLORADO• "` IV ED The Weld County Department of Planning Services has received the following item for review: a Applicant Terra Holdings, Inc. Case Number RE-2362 Please Reply By October 28, 1998 Planner Eric Jerman Project Recorded Exemption on 60 acres Legal SW4 of Section 32, T5N, R65W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to Weld County Road 39 and south of and adjacent to Weld County Road 50 5 Parcel Number 0961 32 300021 • The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑' We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature flu 4 -Q I D 1111616 Agency LO G-6 c O Date 4-Weld County Planning Dept. 1400 N. 17th Ave.Greeley,CO. 80631 h(970)353-6100 ext.3540 t(970)352-6312 fax EXHIBIT / o isilitH MEMORANDUM I II TO: Eric Jerman DATE: October 20, 1998 • FROM: Sheble McConnellogue Health Department COLORADO SUBJECT: Terra Holdings, Inc. CASE: RE-2362 Environmental Protection Services has reviewed this proposal, the following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required if development ocurrs and shall be installed according to the Weld County Individual Sewage Disposal Regulations. SM/154 Weld County Planning Dept. OCT 221998 RP ' DIVED EXHIBIT I a 990682 6 lb RECEIVED OCT 0 8 1998 (7.-****%) WELD COUNTY PUBLIC WORKS DEPT#0,tilt Weld County'Referral Weld Count" Planning Dept. C� October 6, 1998 OCT 2 3 1998 COLORADO EGEI The Weld County Department of Planning Services has received the following item for review: Applicant Terra Holdings, Inc. Case Number RE-2362 Please Reply By October 28, 1998 Planner Eric Jerman Project Recorded Exemption on 60 acres Legal SW4 of Section 32, T5N, R65W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to Weld County Road 39 and south of and adjacent to Weld County Road 50.5 t Parcel Number 0961 32 300021 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan Li We have reviewed the request and find no conflicts with our interests. Ip1 See attached letter. NIo _Thace s5' n.h ,gals-t ►.-rim-.,�� i--t�`Lr Pr rr i&G L_h l]_,. Comments: Signature (11-6-4S -o-- Y Agency �� a� Date C-Weld County Planning Dept. •1.1400 N 17th Ave. Greeley,CO.80631 C-(970)353-6100 ext.3540 (970)352-6312 tax r . ,.,_ , • MEMORANDUM f AIR IlD TO: Eric Jerman, Current Planner DATE: October 22, 1998 CFROM: Donald Carroll, Engineering Administrator� SUBJECT: RE-2362; Terra Holdings, Inc. COLORADO The Weld County Public Works Department has reviewed this proposal; the following requirements are recommended to be a part of any approval: COMMENTS: WCR 39 is designated on the Transportation Plan Map as a local gravel road which requires 60 feet of right-of-way. This road is maintained by Weld County. WCR 50.5 is designated on the Transportation Plan Map as a local gravel road which requires 60 feet of right-of- way. This road is maintained by Weld County. REQUIREMENTS: The applicant will utilize the existing access to this parcel as no additional accesses will be granted. (Lot A) Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation. No additional accesses will be granted. (Lot B) Sell at referral to the Town of LaSalle. The town limits are adjacent to the parcel. cc:: RE-2362 plan14 Weld County Planning Dept. OCT 2 3 1998 keuEIVED EXHIBIT I / Z , - — V /a n 9 m N\ IMI i 6 U �• 0 •O l+ ri b I' N 9 N f) 2° {{ I■ co n I km • 7 a 0. C) 00 N M a c Gr • y5t it CO A jeg tt D ` 0 g fP r l n vii dq l 1 ;_- b I+ } o cA 0 ro e - 0 5 0 9 a n 5p t� s P g t7 rt -h y E K z ►t - p 5 O \ c A z \ 4 I1 \ "i '\ EXHIBIT 1 i 9- ss030v Road File# g•PI ? 'SD, RE: 234.E Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: I O- 1 1 - 4 8 933 North l lth Avenue, P.O. Box 758, Greeley,CO 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970)352-2868 1. Applicant Name TtR,KA oLit L Phone Address ? 0 3O K. 3(. 1 City Catc iE State CO Zip $OCo3 2 2. Address or location of access Section 3P- Township 5 Range GS Subdivision Block Lot Weld County Road # 3.9 Side of Road EA'c1 Distance from nearest intersection 3. Is there an existing access to the property? Yes X No #of accesses 4. Proposed Use: ❑ Permanent ❑ Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other 5. Site Sketch Legend for Access Description: ARG = Argricultural RES = Residential O&G = Oil& Gas xJ CYC. . D.R. = Ditch Road O = House _7 L<r O = Shed or Outbuilding 0'- \ ` FIR 8 LDrA. 3 t********************************************************************************************************** OFFICE USE ONLY: Road 39 ADT Date Accidents Date Road CO.S ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions *********************************************************************************************************** ❑ Installation authorized ❑ Information Insufficient Reviewed By: Title: m wpfdes\engincerAacccss S • 1996 Weld Co nt'' Planning ''°`'Veld County Referral 0 _ October 6, 1998 COLORADO • RIVE The Weld County Department of Planning Services has received the following item for review: Applicant Terra Holdings, !nc. Case Number RE-2362 Please Reply By October 28, 1998 Planner Eric Jerman • Project Recorded Exemption on 60 acres Legal SW4 of Section 32, T5N, R65W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to Weld County Road 39 and south of and adjacent to Weld County Road 50.5 Parcel Number 0961 32 300021 • The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services If you have any further questions regarding the application, please call the Planner associated with the request. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. See attached letter Comments Signature idAy. yL'lt/CxL, lG (?- Agency llLi11 c �2Zf Date U •:Weld County Planning Dept. :•1400 N. 17th Ave.Greeley,CO. 80631 :•(970) 353-6100 ext.3540 •>(970)352-6312 fax A lb do OF 45.. , �4i liKee..,\ 411444 4:a Setae. TOWN HALL i41::~- 4' 119 MAIN LASALLE, CO 80645 7 - .; a,.... ,, j (970) 284-6931 FAX (970) 284-6843 October 28, 1998 Weld County Department of Planning Services The Town of LaSalle in the past has had preliminary conversations with the owners of this property regarding services and annexa- tion. As we have no conflicts with the referral the Board would like it known that if and when annexation requests are presented to the Town of LaSalle by the larger parcel, the smaller parcel should also be annexed if it hasn' t already happened. The Town does not want to create a non annexed island of the small tract . Respectfully, 1 �/ A`k Carl L. arvey Operations Director EXHIBIT I L3 • Road File II RE: Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: September 24, 1998 933 North 1 lth Avenue, P.O. Box 758, Greeley, CO 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970) 352-2868 Applicant Name Terra Holdings, MC Phone (970)353-0982 Address P.O. Box 367 City Greeley State CO Zip 80632 2. Address or location of access 24300 WCR 39 Section 94442 Township 5 North Range 65 West Subdivision Block Lot Weld County Road #39 Side of Road East Distance from nearest intersection y mile 3. Is there an existing access to the property? Yes X No ti of accesses 4 4. Proposed Use: �/ ❑ Permanent ryS Residential/Agricultural ,' Industrial O Temporary O Subdivision O Commercial O Other ₹₹₹₹₹₹******₹₹₹₹₹₹₹₹tit₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹Fk₹t₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹ 5. Site Sketch v� Legend for Access Description: A ARG = Argricultural CP\SO/ RES = Residential a t `iDG O&G = Oil&Gas 1o€UI , D.R. = Ditch Road Q{e to C V ₹*44*4₹4₹₹₹₹₹₹₹****.,₹₹₹₹*4*4*4₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹*4*4*4₹***4*4₹₹₹₹₹₹₹₹*4*4**4444₹₹₹₹₹₹W t₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹₹ OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ₹₹₹₹₹₹₹₹₹₹₹₹₹ii₹₹4₹₹₹4₹₹₹₹₹4₹4₹₹₹₹₹₹H₹44₹₹₹₹₹i₹₹i₹₹₹₹₹4*4***t₹₹₹₹₹₹₹₹4₹444444₹*44***₹₹₹₹₹₹4₹₹₹₹₹₹₹₹₹₹₹₹₹₹t ❑ Installation authorized ❑ Information Insufficient Reviewed By: Title: 7 • • Order No, 8511767 CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD The TRANSNATION 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, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION: SEE ATTATCfIED EXHIBIT "A" • CONVEYANCES (if none appear, so state): \. Reception No. 1091616 .Book1281 • Reception No. 75'168A0 ,Book1594 Reception No. .Book Reception No. ,Book Reception No. • ,Book Reception No. ,Book Reception No. • ,Book Reception No. ,Book The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. • This certificate is not to be constructed as an Abstract of Title nor an opinion of Title, nor a guarantee Title and the liability of TRANSNATION TITLE INSURANCE COMPANY,is hereby limited to the fee paid for this Certificate. • In Witness Whereof, TRANSNATION TITLE INSURANCE COMPANY, has caused this certificate to be signed by its proper officer this 9th day of September , 19 98 , at 7.00 A r._ • • TRANSNATION TITLE INSURANCE COMPANY Company ,By: 1d0.O5. aal.hOO►1. Authorized Signature r • °EXHIBIT A° LEGAL DESCRIPTION The 2, Township estwofth the06thres of the P.M., Countyl/4 of Section of Weld, State 3 of Colorado,Sbeingh, Range 160 rods6o long East and West and 60 rods wide from North to South; EXCEPT that portion thereof conveyed to The Colorado Central Railroad Company in Deed recorded October 23, 1880 in Book 24 at Page 583, more particularly described as follows, to-wit; Commencing at a stake on the West line of said Section 32, Township 5, Range 65 which stake is 746 feet North of its Southwest corner, thence North 69 degrees 53 minutes East 851 feet to a stake; thence North 20 degrees 07 minutes West 50 feet to a stake; thence North 69 degrees 53 minutes East 1978 1/2 feet to a stake, said stake being on the East line of the Sw1/4 of said section and 1779 feet North of the Southeast corner of said SW1/4 of said section; thence North along said East line 106 1/2 feet to a stake; thence South 69 degrees 53 minutes West 2217 feet to a stake; thence South 73 degrees 29 minutes West 123 feet to a stake; thence South 79 degrees•20 minutes West 91 feet to a stake; thence South 87 degrees 15 minutes West 95 feet to a stake; thence North 83 degrees 58 minutes West 92 feet to a stake; thence North 76 degrees 11 minutes West 92 1/2 feet to a stake; thence North 70 degrees 04 minutes West 83 1/2 feet to a stake on the West line of said section; thence South along said West line 366 feet to the Point of Beginning. t t . } A ' E ,r, y �4=`C > .ft Al. s �1 ---.'-s•---=` k t ' .:-" 'r va•�.r � >�y L.4o, h �...._ pd.,•g - ) .__..•ate.. --"-. . .._.. �yx 1 1 5 a,i 1Y eyn�YelYyt t /yy� x001(1231 FAI[V J`d Recepao,Neil lien g t i i ATil1t knordol µ deleaiE ;i - { , ?: re. this !Erb, Made this - 4tihi-• and i 0 ober ,, f' Ism c'�i' • year a our lied one thousand nine beodred and fifty 'b htwee+',AM"JSL HORIYUEI ?,!,,,i01,_,, •�Aa�1 yyI .), tS), of the . Casty d Weld -:i Y "::.,',.&' . sad Statif d Cderadw d tie &i• '..al- first pad JOHN G. E'NING and. GRETCHEN E. SEWING • •Y+*'• r i •, ,, —6 d the Calmly of Weld and Stated Colorado,d the 4 ' 1....,0.4...,0.4pant ' .p .. ,' t ,' 1 3 WITNEEUETN said t That the party of the first part,for e eo'and is consideration of t t Of'' , lilt One Hundred Dollars and ot'ler valuable considerati'c s aoLLAes. ,., •Il , t to the said party of the fist put In had paid by the.said parties of the second part. the realist whereof.is - ;• --- hereby confessed and acknowledged. has granted, bargained,sold and conveyed,and by these presents dae6 is j, grant,bargain.sell,convey and conga=unto the said parties of the second part,to pass not In tenancy in common r `. bwt in joint tenancy,the survivor of them,their assigns and the heirs and assigns of such survivor forever,all the fol' t, ii a, lowing described lot or parcel of Land, situate, bind and being In the ia U• County d Weld n and State d Coloredq to-wit: • 7 • f2,, t'' The North Sixty (N 60) acres of the Southwest quarter of Section Thirty-two (32) , in Township Five (5) North, of Range Sixty-five (65) I j ,.' •151 West of the 6th P.h., being 16C rods long East and 'West and 60 rods ^ x; wide from North to South, together with four (4) shares of the capital; t� stock of The Union Ditch Company, and three (3) shares of the capital • e.7 stock of The Union Reservoir Company and irrigation well and pumping, t .�•,,,�,et,-`• acf . plant, together with all equipment and appliances therewith, subject, f" ,, nevertheless, to reservations in United States Patent, public high- - x,`1 , • 1 ways and rights of way and easements, howsoever evidenced, extending Fs over and across said premises. Subject further to any lien arising by virtue of said premises being ti,':.; included within the boundaries of Northern Colorado Water Conservancy; t : '. District. ly ,., ., $a$ t rl 2 / TOGETHER with all and singular the hereditamenh and appurtenances thereunto belonging, or in any wise ••Et apperuining, and the reversion and revetsbns• remainder and remainders, rents, issues and profits thereof; and all the esa:e,right.title, interest.claim art'demand whatsoever of the aid party of the first part. either in - $ ,Hit[ ;/{ law or unity. of, in and to the above rsrgained premises, with the hereditament. and appurtenances. i .` TO HAVE AND TO HOLD the said premises above bargained and described• with appurtenances, unto the % 1,T ', said parties of the second pan,the survivor of them, their assigns,and the heirs and assigns of such survivor for- % ever. And the said party of the first pert,for him self,his heirs executors, and administrators. dogs V' yiR' covenant. grant. bargain and agree to and with the said parties of the second part. the survivor of them, their as signs and the heirs and as ns sig of such survivor,that at the time of the caseating aid delivering of these presents. ,_. he is well seized of the prendsea above conveyed,as of good,sure,perfect,absolute and Indefeasible estate - w"•t „.;1 a of inheritance. in law, In fee simple• and ha 9 good right, full power and lawful authority to grant,bargain, ' all and cooe7.the same in manner and form aforesaid,and that the same are free and c car from as forester and • , other grants, bargains, sales. Ikns, taxes, assessments and incvmbnnces of whatever le,d or nature soever: ly. excepting taxes for 1950 payable in 1951 which Second Parties agree t Spay having received credit on the purchase price in the sum of $160.6 . ' representing 1950 taxes based upon taxes for the year 1949; and the above bargained premises in the quiet and peaceable ion of the said parties ol the second part. the i'F'.: I n, survivor of them, their assigns and the bars sod assigns of such survivor,against all and every person or persons t, laifWiy claiming or to claim the whole or any part thereof, the aid party of the first put shall and will )a' WARRANT AND FOREVER DEFEND. ' lli IN WITNESS WHEREOF,the said party of the first part ha9 hereunto set his hand and ' • seal tin day and year first above written ''' I Signed,Sealed and Delivered in the Presence of /- rS^+t2y0k�1� e , 1.g4- (SEAL) eI \ _ _.--'----(SEAL) ` 's' —. s f •.�' '` _..._(SEAL) / u....... Fez STAii ' v s The foregoing instrument was acknowledged hefore nu this. y...4th _day of 411,&%S;'. . October t0_50, bay—Samuel..xori _saki .___. • 1e. +J. '-- — ---- - ,..F. 4 yz , `, Witness>Sf Hama aid Official sad Aar CammWlon Emtro Dece elr 2�, 19551 e J 1 -es 11a;a4x,'rti .i .LtA.ds —, ' Nancy Psblet r - F.. , W EED-.Tat plot TaerartSISVq siamaey Greek'''.Coloradw J I h(� ' :-. - ,v , .. .eid• �qt yc .. a ,4,,,,,!-,,,--4., ;;•�i,.hY.>t ,„At-t-‘••4%.*?.,', . 4i-",•-•s4`',u,,,"tM • • • FRAME WARRANTY DEED 0 3 32 THIS DEED, Wade this 28th day of February, :997 between Gretchen E. Swing of the County of Weld and State of Colorado, grantor. and Terra Holdings, LLC, a Colorado Limited Liability Co::pany whose legal address is P. 0. Box 367. Greeley, Colorado 80632 of the County Of Weld and State of Colorado, grantees: of TWO FORTY TBOOO WITNESSED'D AND 00 100, ($240.000.00) Dolor for and lars, the consideration pt and sufficiency of which is hereby ant. bargain, has . conve bargained, rcconfirm unto thetgraantee, his ed, and by these assigns resents does er, a. tithe re. §pro, convey ether with improvements, if any. situate,lying and forever, all the real property, W being in the County of Weld and state of Colorado, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MIRE A PART HEREOF also known by street and nurber as 24307 Weld County Road $39. LaSal".e. Colorado 80645 TOGETHER with all and singular the hereditameats and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof. and all estate, righ ,equity.title, is interest, claim and demand whatsoever of the grantor, and to the above bargained premises, with the hereditament§ and appurtenances. TO RAVE AND TO HOLD the said premises above bargained and described, with grantor,ih for himself, his unto grantee,represeirs and assigns entatives, does cforever. And ovenant, grant,bargain, and himself, and heirs and personal tee, his heirs and assigns, that at the time of the agree to and with the unsealing and delivery gof these presents. he is well seised 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 apo er aridform aforewful said,authority ri ttoothe t. ar fie, sell and convey the same i andmannerr grants, bargains, sales. liens, taxes, are free and clear from all former styes, encumbrances and restrictions of whatever kind or nature soarer, pt general taxes fOr 1997 and subsequent years; except easements, restrictions,sy X11. covenants. conditions. reservations and rights of way of record. if any; \‘. 2',3'.;.10 P-n._ 07:07 I'+t7 03:IOP PG 1 OF 3 RFC DOC W.Id Cuu,av CO N Saki Ioik:,eotu Clerk S Recorder 17.00 ?3.00 The grantor shall and will lessoY'f AND POAZwaa PRIZED the above-bargained premises in the quiet and peaceable possession of the grantee. his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular n. r shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. ffi DIM AS 11®1a01 the grantor has executed this deed on the date set for Gretchen E. Ewing by Rex Ataan Ewing as her attorney-in-fact nS rear /1i oekel,-/a-Ate STATE OF COLORADO } ss. The foregoing instrument was acknowledged before ce County of Weld ) :his 28th day of February. 1397 by Rex Allan Ewing as attorney-in-fact for Gretchen E. Ewing NYF(j( Witness my hard and official seal. fiO•�P�-'---8%1 My co �dssrcn expires N em' 15 1997 O DARELLA L..'( , EXHIBIT SLOCH !o(r _J NCTA4Y PUBLIC /� w I7 �. . - 1295 Main St. No. 932A. Rev.tt'y F w- Windsor, COLORADO 80550 990683 J • FRAME • 0333 'EXHIBIT Al LEGAL DESCRIPTION IS 1.0..1.0 a-I'.`". P-w:2 01 07:19"; 01:10P PC 2 OF 2 The North 60 acres of the SW1/4 of Section 32, Township 5 North, Range 65 lwest of ong theh roodsfwidedfromate of North tolorado,South; being 160 rods EXCEPT that portion thereof conveyed to The Colorado Central Railroad Company in Deed recorded October 23. 1880 in Book 24 at Page 583, more particularly described as follows, to-wit; Commencing at a stake on the West line of said Section 32, Township 5, Range 65 which stake is 746 feet North of its Southwest corner, thence North 69 degrees 53 minutes East 851 feet to a stake; thence North 20 degrees 07 minutes west 50 feet to a stake; thence North 69 degrees 53 minutes East 1978 1/2 feet to a stake, said stake being on the East line of the SW1/4 of said section and 1779 feet North of the Southeast corner of said SW1/4 of said section; thence North along said East line 106 1/2 feet to a stake; thence South 69 degrees 53 minutes West 2217 feet to a stake; thence South 73 degrees 29 minutes West 123 feet to a stake; thence South 79 degrees.20 minutes West 91 feet to a stake; thence South 87 degrees 15 minutes West 95 feet to a stake; thence North 83 degrees 58 minutes West 92 feet to a stake; thence North 76 degrees li minutes West 92 1/2 feet to a stake; thence North 70 degrees 04 minutes West 83 1/2 feet to a stake on the West line of said section; thence South along said West line 366 feet to the Point of Beginning. TOGETHER WITH Adjudicated Irrigation Well MW-6141. TOGETHER WITH 100% of all minerals and mineral rights. . .0 HSP106P INi!IV.J.A.!Ut'iI... SEWAGE DISPOSAL SYSTEM PERMIT j !!t.. G-05023 WELD ',..:o�i •t HEALTH DEPARTMENT -- EW PERMIT ENVIRONMENTAL HEALTH SERVICES 1516 HOSPITAL. ROAD, t.y I',i::.I::.1...L:.Y CO 00631 , ADDRESS 1515 ii•...t:.r'`:1'`{l:..I's'I:.- -'��+.. ! GREELEY CO 00631 ADDRESS t.!I" PROPOSED SYSTEM 24302 I'l I.. . , 39 LEGAL DESCRIPTION .. ...:.......... ... I 1...1 ...I t L....... ..:O 00645 �?E,::i.:R�., •' I• N OF .'.... E .. SUBDIVISION : I" t y i;. I ::•:,... - s I... -. , BLOCK FILING f 0 ! S E : RESIDENTIAL :,...,'::'.{.t.•i:..,.) : PERSONS 2 BATHROOMS ,_., 00 LOT 1 .72 ACRES BEDROOMS OPLUMBING NO WATERJ I ! :cP.'I.•..{•l..i••ii•.I:t:l1^''. FEE :li't °:)';ti., ::70 I BY t, i.DATE 09/18/05 A:tIr::: i8 '#:3': PERCOLATION RATE 6. 2 I'i ! !! . . . .. ..,;..,.; .r•::,- - SUITABLE . ... .. ::.,. INCH WATER T�f•il:+i...i::. DEPT ... ;., ENGINEER .. _... GROUND ELOPE .,,rr„ DIRECTION 'J 1.111LIf..!:I:Ft{::.,.• 1.:.I'i:;:i:!^II:::EI DESIGN !''Ji:j FROM THE APPLICATION INFORMATION SUPPLIED AND THE ON—SITE THE E FOLLOWING f,•'.,.,e i .... , INSTALLATION Al 1N .-,f• I DATA 1. - REQUIRED :I E P' .I.s., TANK 1000 GALLONS, ABSORPTION TRENCH! •i:`' }' ,::Q., ,.:..T.i]1 PERMIT •r;• "!.l}�:'t.11"I''•i•.!.'.+i;) tii::.J] trrar'`}7 ,`y ..t .. IN ADDITION, THIS 1" •.I. � ' +.. ...:- .... • I:, I" T CONDITIONS : 1 -I.,.. ,..i-i A:i..7l:::i_-{ i a:: THE i::. FOLLOWING ADDITIONAL ... .'t• i ri, A I P.ttl... i...i.lr, AND THIS PERMIT IS MAY :'•t::' REVOKED .. SUSPENDED ,,...... TEMPORARILY . ,. ALLOW CONSTRUCTION I t. COMMENCE, THIS {. t ,. !j I". ,'':.;,,!�?.is� .. :�l.t)I"f.? "THE" ,�.! , I t.. ' ... '-,;+• , tl , '•I + :..I.... ,.. � DEPARTMENT FOR REASONS .,!._.. FAILURE L: ; ;, v,COUNFY INDIVDUAL SEWAGE DISPOSAL ...REGULATIONS'i.t.II.1 ' INCLUDINGl I t.! MEET ANY! TERM?yt t.l{�,, COITION... .:. ....:.j..,,,l ..J .. .. 1 HEALTH ::'I: I ' APPROVAL. :. : THE,... ... ... . .. THEREON E R i:::O N DURING.I TEMPORARY.r' ,;:;i:,;.,;,. :: , !,• ISSUANCE .. .. .'.ii''. . ••t...i"I I' s.i:"i:I�JI"`.•'Y' OR 1-'.I:�•ti•'i;+• SYSTEM i � T E A.F:SUMPTION BY THE ..,,.... , ,..,... DISPOSAL ,, .,.,.:,... fS LIABILITY ..1,••. THE FAILURE.L,i.�.I... . ... E ORINADEQUACY Vfii"`l::{.Jl...:I.l.,j I GEORGE 09/24/3'5 ENVIRONMENTAL EPECIALIST DATE THIS PERMIT IS NOT TRANSFERABLE;I"ERf•1BLC AND SHALL BECOME , r t;l i,i..,. COMMENCED , t'1`: ;.. YEAR VOID 1.:1 I.f SYSTEM CONSTRUCTION I'i A,r, t.:OI'fi I...I,1...I::1:j WITHIN ONE I L:.t"Ji'a OF IT::: ISSUANCE.I:.:`E.a BEFORE ISSUING FINAL THIS PERMIT THE WELD COUNTY HEALTH H DEPARTMENT'i�,:• ;"'•..!T ,_.,,_. ,. ... .. .. .. ... APPROVAL i ..,..... /!i i! I I RESERVES I,�tll�•' THE TO T'...f'�;I"f,:'' !`,t!'vl. .. ...... IMPOSE ADDI— TIONAL ... ,.....,. J CONDITIONS REQUIRED .'.E OI..R. REGULATIONS i•J . . +.., PERMIT.. :::,�.: �..,... •,t ,.. I It ... . .. ..a�i•T�:I:(:?i^?:�> . i'•t rl CONTINUING :i':',;: .... ,.. .:...s ., FINAL i.::,... I.:i..l'':!"L.I I �! ''I•.t!''i!•�,, CONTINGENT UPON : � I ......:.,_. ., .... . ... . .. FINAL INSPECTION f " !...f• i I'• I. i +•,i. �.r 1 i!... I7., i.,i ; ..,.i. t.r! {.:i.:1:i... . t,� � I t �.j...1 :.j::;,a{';' , I.,;..li THE ;:: it y- /^ 2/- �,r WELD... ii.: Y HEALTH DEPARTMENT.t �I: f _:....•...... ....... .........._.._... _ ...-...._.............. ..NAi... :L L'J::''!''i::. .i.c:it SYSTEM A ' t i — TYPE OF SYSTEM INSTALLED .....17J___ \.''' ',7J-. •. `............._.. ..K...'......._............_..............__..___ f i;�;+.l.r�.!.i r';I!::.I^.� f ;.:!r... ,:: `';:::i�:i:;',r i...:I:,:'.1.. .... '''' R MIT THE ISSUANCE OFt THIS . ';Ie I I DOES NOT IMPLY COMPLIANCE! I"'! :i:ANf: l::: WITH i,i..I.I..II:::R STATE, COUNTY, OR i...t.ICt•:t1... REGULATORY OR BUILDING REQUIREMENTS,; NOR eS`I"!r=5!._i... IT i`i{.,,.1 .Y.... _.I-,••;• ,. ... LOCAL ,i!::.l�t..?I...t-•i ' .+!i;: 11.? fi:: .,..} COMPLIANCE .. APPLICABLE(..... .: ...I...._ , TA 1 6 ISSUANCE Or: I I t I r PERUANT TO ARTICLE i0, TITLE 25, CR, EXCEPT FOP itlE. PURPOSE OF ESTABLISHING FINAL APPROVAL OF AN :.. . . . ; 990684 \\JJ /\ /\ki Teti.,, {� i,ilr cird±- el ri f cbn/2 j _ 'i L cnkrd -ridl �Z (.\ ,39,- , i jtLT t t �c: r h l 2 K- C` � I y L I t— - _ i 1. - � )6:' p t a 71\ DEPARTMENT OF HEALTH 1517 16TH AVENUE COURT GREELEY, CO 80631 ill" C HEATION (970 353-0586 LTH PROTECTION (970? 353-0635 COMMUNITY HEALTH (970) 353-0639 COLORADO • FAX (970) 356-4966 December 19, 1997 Terra Holding, LLC P.O. Box 367 Greeley, Colorado 80632 • RE: Terra Holding, LLC. ISDS No. : 97-065 Septic Permit No. : SE-9700119 Dear Sir: On December 12, 1997, an evaluation of the existing individual septic 32, Toownnship system 05 North, Range Weld 65County West, con nductedGreeley,y TroyrSwa; Section in. There is not enough information to determine if the individTroy ual dual sewage disposal system referred to in Statement of Existing SE-9700119 is adequate to accommodate the mobile home served by this system. The department recommends that the septic systems be brought into site evaluation regulations. evaluation conductedpriortoany a must be lerationstothetsystems. a Be advised, neither the County of Weld nor any of its agents or employees undertake or assume any liability to the owner of the above property, to any purchaser of the above property or to any lending agency making a loan on the above property or in the report. This inspection was conducted for the purpose of determining compliance with current regulations and for detecting health hazards observable at the time of inspection. This does not constitute a warranty that the system is without flaw or that it will continue to function in the future. Inspections requested during periods of snow cover and high soil saturation may be of questionable value to potential buyers due to adverse conditions.- Evaluations based on Statements of Existing (S.O.E. ) relies on information the property owner provides, under oath, indicating current status of the system and representing to the best of his/her knowledge the system is not failing to function properly. If we can be of any further assistance, please contact our office at 353-0635. Sincerely, Troy Swain Environmental Protection Specialist TS/rb-3155 Enclosure (1) cc:Weld County Planning Department WFI D COUNTY HEALTH DEPA ENI' ,-..,c, 0 - SOE D 17(/)/ /1 ENVIRONetENTAL PROTECTION SERVICES LOAN ? 1517 16th Avenue Court Islas 9 R Dc77 -nLos REPAI Greeley, Colorado 80631 -"—� (303)353-0635 Weld County Heafih Department P£HIII.i. D STATEMENT OF EXISTING FOR SEPTIC SYSTEM (PLEASE FILL OUT IN BLACK INK ONLY) OWNER OF RECORD: eR2-* i7oLce( - LC, PHONE: 3S-3-b S1Z MAELLNG ADDRESS: P. U . I3Qk, 3 6? 6IQe jai Co 3G6 3Z- / Ciz. Y State Zip SITE ADDRESS: it(306 WC-2 3 j LaSca 60 (36S'S" City State Zip LEGAL DESCRIPTION: PT: PT: SECTION: 3Z- TOWNSHIP: S4) RANGE: 6O S LcJ SUBDIVISION: "/'t LOT: BLOCK: FILING: NUMBER OF PEOPLE: 3 BATHROOMS: I (7Z- LOT SIZE: 6d 4c BEDROOMS: .3 C RESIDENTIAL or COMMERCIAL BASEMENT PLUMBING: Yes N. WATER SUPPLY: uP SYSTEM SIZE: Tank is constructed of (fee-e--14- and has 2000 gallons capacity (material) FIELD: Bed cs^--iti sq_ ft. or Trench v.4-42,21A—sq. ft. DATE SYSTEM INSTALLED: 797/ You are required to draw a diagram of the system on the reverse side of this form in black ink only and indicate location, length, width, and distance from the dwelling. The undersigned property owner hereby certifies that the above described septic system is in fact installed, as described, and exists at this time on the parcel of ground identified by the above legal description and further states that the system is in good working order and to the best of his/her knowledge is not failing to function properly. I further understand that any falsification or misrepresentation may result in revocation of any permit granted based upon this information hereby submitted and in legal action for perjury as provided by law. 4 6 a,tc �Jd"//°,', Owner ,(, !-7 Subscribed and sworn to before me this % day of FQ,('( nn 1 , 199 by L L k iJfiY% o ,, 4t,rrily -_-_.. 62) Witness my hand and official seal. My con-mission e pires: 6,72 / oG l9-///97 C.r�r Al : cv ,/ Date Notary Pu c / STATEMENT OF EXISTING REVIEWED BY: Environmental Protection Specialist Weld (flinty Building Inspectio4IDepartment 1400 North 17th Avenue, Greeley, CO 80631 (970) 353-6100, Ext. 3525 Fax: (970) 352-6312 Permit # : COC-980097 Status: PENDING Permit Type: Cert of Compliance Applied: 12/15/1998 Issued: Job Address: Expires: Job Location: 24300 WCR 39 Job Descr: COC FOR MH OR MAN HOME FOR ACCESSORY USE TO AN Occ. Class: Construction Type: Zone Dist: Parcel No: 0961 32 300021 4071686 Legal Desc: 13511-A N60A N25W4 32 5 65 EXC W2W2 THEREOF (1.55 1994 UBC Valuation: .00 APPLICANT PETERSON ANDY OWNER TERRA HOLDINGS LLC P 0 BOX 367, GREELEY CO 80632 Minimum Required Zoning Setbacks: N - S - E - W - Fee Summary Total Calculated Fee: .00 Additional Fees .00 Total Permit Fee .00 Total Payments .00 Balance Due .00 NOTICE The applicant, agents and employees shall comply with all the rules, restrictions and requirements of Weld County Zoning and Building Code Ordinances governing location, construction, demolition and erection of the above proposed work for which this permit is granted. The Building Official is authorized to order the immediate cessation of work at any time a violation of the adopted codes appears to have occurred. Violations of any codes or regulations may result in the revocation of this permit. Buildings must conform with the plans as submitted to the Building Inspection Department. Any changes to the plans or lay-out must be approved prior to construction. Any changes in the use or occupancy of the building must be approved. It shall be the duty of the property owner or the person doing the work authorized by this permit to notify the Weld County Building Inspection Department that such work is ready for inspection. This permit shall expire by Limitation and become null and void if the building or work authorized by this permit is not commenced within 180 days from the date this permit is issued, or if the building or work authorized by this permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work can recommence a new permit shall be required and the charge shall be 1/2 the fee under the current Weld County Building Inspection Fee Schedule provided that such suspension or abandonment has not exceeded five (5) years. When suspension or abandonment has exceeded five (5) years, the permittee shall pay the full permit fee under the current fee schedule. Weld County is not liable for workmanship. Permits are not transferable Hello