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' cc] I -b)- ,— by y<e . Fr `. ` 7S 4g bW `b' '6Y� n • 4mv 44000 CMS ®Z ti. b'le5 '^ 6 ' ` ' n gg5 M78PFi 666' Ytg. 1 % 1 0_o P A. pagy are° 4b' . gg5E ii FA ■ OOPAt pt g ry p ioo°4oa1 S J !J I[. Qj _y 'rrG b =oY Sj !J11 I b"a ygyb �; `� i ggo �bg""y a Y7 ..k:›4 ` s Y '61E4ygWb Y�`p'�` oo`o RI mss. � s S �4f`s3g iaPlai c b YX :Idg " =S, / Jb6' o Zlit mewain i3 �;,, °iii aI�; �^ aE zlp1. DI _- --_--_00_00SL -- 3.00.00.00N--- pry ill 1. c z • I I UL'Lcn --- 3.00.00.00N— m r --- '- ------- - -- --- ----- - -- In (t` aIC-- _ _ I _ --- -__ _Ll 9'dD2i,AlNf]00 Al3M • • . ,„ WC DEPARTMENT SERVICES RECORDED EXEMPTION COLORADO Applicant: Richard & Elizabeth Wilson Case Number: RE-2425 Legal Description: Part of the N1/2 of Section 33, T2N, R67W of the 6th P.M., Weld County, CO. Parcel Identification Number: 1311 33 000036 Lot C Size: n/a Lot B Size: 74+/-acres Lot A Size: 7 +/-acres Water Source: Central Weld County Water District Sewer Source: Septic System Approved with Conditions This Recorded Exemption is approved with the following conditions: 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. WCR 19 is designated on the Transportation Plan Map as a collector status road which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. 3. The applicant shall utilize the existing access to this parcel as no additional accesses shall be granted. (Lots A & SE Lot) Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation. No additional accesses shall be granted. (Lot B) 4. Prior to recording the plat: A. The applicant shall submit a deed which has been recorded with the Weld County Clerk and Recorder for the subject 88 acres to the Department of Planning Services. B. A total of 40 feet of right-of-way reservation from the centerline of Weld County Road 19 for future . expansion of Weld County Road 19 shall be delineated on the plat. C. A 30-foot wide joint access easement extending across Lot A from Weld County Road 19, for the benefit of Lots A, B and the SE Lot, shall be clearly shown on the plat. The joint access easement shall be dedicated for the use as shown utilizing the language set forth in Section 11.7.1.12.5 of the Weld County Subdivision Ordinance. D. The applicant shall submit evidence to the Department of Planning Services that the FRICO Ditch has been contacted and attempts have been made to meet the ditch company requirements. E. 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. g q _, ( O 7 RE-2425 Wilson Page 2 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) SE-757 was approved in conjunction with this recorded exemption for the purpose of dividing off a second set of existing improvements from the parcel. 4) The Board of County Commissioners support this recorded exemption application, however, subsequent recorded exemption applications on adjacent properties will raise the issue of compliance with the intent of the Recorded Exemption process.Approval of this recorded exemption does not guarantee approval of future applications on adjacent properties. 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. 7) In accordance with Section 43.2.3.4 of the Weld County Zoning Ordinance, all zoning permits for mobile homes as accessory farm uses are temporary and are subject to review annually on the anniversary of the original permit's issuance. The applicant shall submit evidence to the Department of Planning Services verifying that the occupant of the mobile home 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. 5. 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 PW C DEPARTMENT S BDIVISIONLE EM TIONSERVICES COLORADO ADMINISTRATIVE REVIEW Applicant: Richard and Elizabeth Wilson Case Number SE-757 Request: Subdivision Exemption in conjunction with RE-2425 Legal Description: Part of the N1/2 of Section 33, T2N, R67W Parcel Number 1311 33 000036 m J Criteria Checklist Meets Criteria Yes No NA X In those instances when used pursuant to Section 11.14.2 of the Weld County Subdivision Ordinance, the request is the best alternative to dispose of existing improvements in conjunction with the companion Recorded Exemption. Approved With Conditions The Subdivision Exemption is approved in accordance with information submitted in the application and the policies of the county. The Board of County Commissioners have determined through its review that the standards of Section 11.17 of the Weld County Subdivision Ordinance have been met 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, the applicant shall: A. 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. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) RE-2425 was approved in conjunction with this subdivision exemption for the purpose of dividing off a second set of existing improvements from the parcel. 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 11.15.9 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. • • IgiD C DEPARTMENT OF PLANNING RECORDED EXEMPTION SERVICES COLORADO Applicant: Richard & Elizabeth Wilson Case Number: RE-2426 Legal Description: Part of the N1/2 of Section 33, T2N, R67W of the 6th P.M., Weld County, CO. Parcel Identification Number: 1311 33 000036 Lot C Size: n/a Lot B Size: 80+/-acres Lot A Size: 20 +/-acres Water Source: Central Weld County Water District Sewer Source: Septic System Approved with Conditions This Recorded Exemption is approved with the following conditions: 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. WCRs 16 and 17 are designated on the Transportation Plan Map as local gravel roads which require 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. These roads are maintained by Weld County. 3. Pursuant to Ordinance 169A, oil and gas, and ditch roads that are necessary for your agricultural operation No additional accesses shall be granted. The applicant shall contact the oil and gas or ditch owner to obtain, in writing, permission to utilize their access road for a residential access. (Lots A and B) 4. Prior to recording the plat: A. The applicant shall submit a deed which has been recorded with the Weld County Clerk and Recorder for the subject 100 acres to the Department of Planning Services. B. 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) The Board of County Commissioners support this recorded exemption application, however. subsequent recorded exemption applications on adjacent properties will raise the issue of compliance with the intent of the Recorded Exemption process.Approval of this recorded exemption does not guarantee approval of future applications on adjacent properties. 4) 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. RE-2426 Wilson Page 2 5) 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. 6) Prior to the release of building permits on Lot A or B, 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. 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. II 41 THE CASES BEFORE YOU FOR CONSIDERATION ARE: Recorded Exemptions#RE-2425, RE- 2426, SE-757 and COC for Accessory to Farm THE PROPERTY IS LOCATED west of and adjecent to WCR 19; approximately 180 feet south of WCR 16 and approximately 180 feet east of WCR 17 — 11-i lea' I5 ow.\1O5 by ✓56.7 /r ,xL,uc-At a oaro,)33 r&A/z.71 -A The parcels of land in question are designated as prime, prime if irrigated and other land by the USDA. CURRENTLY THE DEED TO THE PROPERTY DESCRIBES PART OF THE NORTH ''A OF SECTION 33-2-67. THE APPLICANT HAS SUBMITTED A DEED FOR ROW ALONG THE FRICO DITCH & IT HAS BEEN DETERMINED THAT THE 40 ACRES SOUTH OF THE DITCH IS A SEPARATE LEGAL PARCEL. —cv,42,arroi cN egme'12M ousts.; ZPAO V 1 mopgci8 b- t Nc,r1F r+,N b °` slick go Richard and Elizabeth Wilson have requested the aforementioned applications, THE DPS HAS -McJ RECEIVED 2 SPO LETTERS IN OPPOSITION & ONE REFERRAL IN OPPOSITION FROM THE orJ 5 CITY OF DACONO-THE ONLY OTHER REFERRALS WITH COMMENTS (HEALTH & PW)ARE ADDRESSED IN CONDITIONS OF APPROVAL. Staff is requesting that the Board of County Commissioners review these applications due to staff concerns PERTAINING TO CONFIGURATION, and concerns expressed by the City of Dacono as well as surrounding property owners. — I-[ Se" 3rq fco(1 X' J��6 l�(� W' THE APPLICATIONS PROPOSE AS FOLLOWS: l 1e3 6 Sire RE-2425 in conjunction with SE-757 _ D Ps - (TA H)✓A/4"( H MS Ck 6676' 6Ni PI ID4 The applicant discussed this application for recorded exemption in conjunction with a subdivision (aNgw exemption on the eastern 88 acre parcel with staff prior to submitting these applications, however, 1v$), the application materials do not reflect staffs recommended configuration. /qa- Q RE-2425 in conjunction with SE-757 proposes to create Lot A which would include ZPAD-67 and "�pu MHP-498. The applicant has indicated that the accessory dwelling on Lot A will be justified as the P i occupants will be employed at a proposed greenhouse on Lot A. The application materials also propose that the two older homes be located on the SE lot, leaving Lot B as a vacant building site. Staff had directed the applicant to separate the two older homes, one being on the SE lot and the other being located on Lot B (please see letter dated December 1, 1998 from Scott Ballstadt, Planner). - ADDRESSING the issue of multiple houses on one lot and would not create a new building site. Should the applicant amend the application materials to reconfigure the SE lot, staff would recommend approval with the attached conditions. The City of Dacono indicated that RE-2425 does not comply with their Comprehensive Plan. RE-2426 This recorded exemption application on the western 100 acres proposes to create a 20 acre Lot A in the northwest portion of the site. Staff has concerns that the potential cumulative number of residences created, if approved, would total eight without utilizing the PUD process. Section 2.21 of the Weld County Subdivision Ordinance and Section 10.1 of the Weld County Zoning Ordinance define Urban Scale Development as"developments exceeding five (5) lots...". A.Goal 7 of the Weld County Comprehensive Plan strives to "Protect agricultural land from encroachment by those urban uses which hinder the operational efficiency and productivity of the agricultural uses." C The applicants have indicated that they plan to submit a minor subdivision on the 20 acre parcel if RE-2426 is approved. 1 ili r_9R\avi-10 on, - ¶-1 pot 1_01 LA, (56 Pr^ J fo ip)CuACki 6kN 0.k5einv Nil c414IFropr It1 Ikcc t4)At- ' '1�ic- I1.� , 1 , tz,j "mM �T a5oe -n C�1;`J 5�� 5-lh 0�`�� • The City of Dacono indicated that RE-2426 does not comply with their Comprehensive Plan. Certificate of Compliance for Accessory to the Farm the Department of Planning Services and County Attorneys Office determined in October that the approximate 41 acre parcel located south of the FRICO ditch is a separate, legal parcel (please see letter dated October 6, 1998). The applicant then proceeded to obtain building permits and moved a stick-built structure onto the parcel. The Certificate of Compliance proposes an Accessory to the Farm mobile home to be placed on this parcel as well. The 41 acre parcel is currently in grass and does not contain livestock. Due to the low intensity of the farming operation on the 41 acre parcel, staff has concerns that an Accessory to the Farm mobile home may not be justified in accordance with Section 43.2.3.1.1 which states, "The MOBILE HOME will be occupied by persons principally employed at or engaged in the operation of the USE where the MOBILE HOME is located..." as well as "...the mobile home occupant(s) is principally employed at or engaged in the farming operation on the subject property." ADDITIONAL RE APPLICATION The Department of Planning Services' staff requests that the Board of County Commissioners consider the application and determine if the standards of Section 11 of the Weld County Subdivision Ordinance have been met and adhere to the goals and policies of the Weld County Comprehensive Plan. c:\apps\re\wilson 0NC Aborfit*AL CDR -rrt6- PPttchN7 URCA7i Utr,2- �S� &NICM w�5 �fP/za1% , HN4I�tari FA�znns o�J 3/z3/a3 F-A'L A igvicKitic, s'N ASS it-) 7/46- PC y 33- 2 -4° MS WILSON ALSO FAXED TO THE DPS AN ADDITIONAL RECORDED EXEMPTION APPLICATION ON LAST THURSDAY THE 11TH. THE APPLICATION HAS NOT YET BEEN ASSIGNED A CASE # OR SENT TO REFERRAL AGENCIES. THE LATEST APPLICATION PROPOSES TO DIVIDE THE 40 ACRE PARCEL SOUTH OF FRICO DITCH INTO TWO PARCELS - 30 AC LOT B & 10 AC LOT A - THIS WOULD SEPARATE THE PROPOSED ACCESSORY TO THE FARM DWELLING ONTO ITS OWN PARCEL MS WILSON HAS STATED THAT THE REASON FOR THE PROPOSED RE IS FOR FINANCING PURPOSES AS HER BANK WILL NOT ACCEPT A SUBDIVISION EXEMPTION FOR FINANCING PURPOSES. A LETTER FROM BANK OF COLORADO WAS INCLUDED WITH THE APPLICATION. I SPOKE WITH MR WAHLBORG, ASST VICE PRES WHO WROTE THE LETTER, ON TUESDAY THE 16TH. HE VERIFIED THAT THE BANK SELLS ITS MORTGAGES ON THE SECONDARY MARKET TO INVESTORS BACK EAST. THESE INVESTORS REQUIRE THAT THE PARCEL BE SEPARATE TO FINANCE - THUS THE SE FOR FINANCING CANNOT BE USED, HOWEVER, HE POINTED OUT THAT THIS DOES NOT MEAN IT CANNOT BE DONE - OTHER BANKS WHICH RETAIN THEIR MORTGAGES WOULD MORE THAN LIKELY BE ABLE TO ACCEPT AN SE FF - THE DPS PROCESSES THESE APPLICATIONS REGULARLY U (�/ , - CD p reu ( € W 1v y/i SvCS �� ceici,J21r c o Suck\-0 froAnin3 -7-7 '2732- 01 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 yi TELEPHONE ❑OFFICE FIRST INQUIRY? ❑ YES ❑ NO DATE: ccl�jQ NAME: ZA02 k WILSot\\ PHONE: 3Ci3/833 -O7C7 ADDRESS OR LEGAL DESCRIPTION: REFERENCE NUMBER: TYPE OF INQUIRY: _ MHZP _ SKETCH PLAN _ MINOR SUB SKETCH PLAN ZPMH _ PRELIMINARY PLAN _ MINOR SUB FINAL PLAT S_ 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: nJ�J{�l�S(Ian1 ITEMS DISCUSSED: AS, t,50 5 0-A LL C7(-a/ai( /:JO uC('C 00?(DR-c:i% ,M.Ar1 WAD t41 ('HD TtPt Sff/NEE '5 (24-c r.av :ii Ai )A5 iv\ I La>h*A`i At--50 \,1 (2NU� CA.1L5le rn5. J&1c� Hv M41 ' - M Di NVt\J t1; itJe"( cC "541 ROIQIkJc I�AT. Acs TAIV'j 0(3)66-T (24% ?fri zC (1-1C tfr 4C-- 751 + Coe_ p,cc,t5S ci —( r A 0--NN. Time Spent: 2b MOW fJ ' Staff Membe r Initials: J� citizen.shl JUN-30-99 WED 03:32 FM a FAX NO. F. 01 • ♦ The Farmers Reservoir and Irrigation Company SO South 27°Avenue Brighton,Colorado 80601 Phone: (303)659-7373 PAX: (303)6594077 Jahn P.AWL,M Omen'Comet June 30, 1999 Ms.Elizabeth Wilson 6767 WCR 19 Ft. Lupton,CO 80621 VIA FAX (303)833-2727 Re: Property resolution Dear Ms.Wilson: This letter is to caifinn that you and the FRICO staff have discussed and are in the process of resolving boundary lines and related property issues. We anticipate that the discussions will result in an acceptable accord being reached by the parties. Final r 'on is anticip once the pending survey has been completed. Zit/ y J Ako , 11. J eneral Counsel -,c c: STE L_c, 7--) 7_ Lcr✓ l ri ;alr �lolux 62e-to-TA) < +e__ (21; z-23e-«, 13 7 l-! i c cJ 1`j C:-cs i S DEPARTMENT OF PLANNING SERVICES I PHONE (970) 353-6100, EXT.3559 FAX (970) 352-6312 WI INISTRATIVE OFFICES C. WELD C0UNTYGREDEL^EY, 0 N. 17TH C0L0RAD0AVENU COLORADO March 19, 1999 Richard & Elizabeth Wilson 6767 WCR 19 Fort Lupton, Colorado 80621 Subject: RE-2425, SE-757, RE-2426 and CC-99-001, located in part of the N1/2 of Section 33, T2N, R67W of the 6th PM Dear Mr. & Mrs. Wilson: The Office of Clerk to the Board of County Commissioners will be sending you copies of the resolutions from the hearings held March 17th as soon as they are completed. These will include conditions of approval for RE-2425 and SE-757 which will need to be addressed. Additionally, please let me know if you intend to proceed with a recorded exemption application on the approximate 41 acres south of the FRICO ditch. The Department of Planning Services cannot process the recorded exemption application on this property as faxed on March 11, 1999. If you choose to proceed with a recorded exemption application on this parcel, you will need to submit the required copies and original, signed application with the application fee. Such an application may also be heard by the Board of County Commissioners due to the same justification issues which arose during the denial of CC-99-001 for Accessory to Farm. Please call me if you have any questions. Sincerely, SQo-te—t Scott Ballstadt Planner cc: property research file Monica Daniels-Mika, Director Bruce Barker, Attorney Lee Morrison, Assistant Attorney I ftz MEMORANDUM wiipeTO: RE-2425, SE-757, RE-2426 & CC-99-001 files March 17, 1999 COLORADO From: Scott Ballstadt, Planne53 SUBJECT: BCC action on these cases The Board of County Commissioners approved RE-2425 in conjunction with SE-757 as proposed by the applicant on 3/17/99. The configuration will allow the two older structures to be located on the SE lot and the two accessory to farm structures (ZPAD-67 & MHP-498) to be located on Lot A. Lot B will be a vacant building site. One of the structures on the SE lot will be designated the principal dwelling and the other shall be established as an NCU. ZPAD-67 will now be considered the principal dwelling on Lot A, RE-2425, as it is a stick-built structure on a permanent foundation, and MHP-498 is an Accessory to Farm mobile home which will require annually updated justification in accordance with Section 43.2.3 of the Weld County Zoning Ordinance. The Board of County Commissioners denied RE-2426 on 3/17/99. The Board of County Commissioners also denied CC-99-001 for an Accessory to Farm mobile home proposed to be located on the approximate 41 acres south of the FRICO ditch on 3/17/99. Please see all of the aforementioned files for complete case history. Fort Lupton, Colorado March 16, 1999 WELD COUNTY BOARD OF COUNTY COMMISSIONERS: This letter is in behalf of Richard and Elizabeth Wilson involving criticism of property use of land adjacent to me that they purchased three years ago for their family future. They have been criticized for some of their plans and general presence as well as operational function of the farm land. The Wilsons have invested extensive holdings and risk to develop their intentions and exercise the right to have and enjoy their property. Some of their plans include what some neighbors have already done, having that right to do so. The right to buy or sell has enabled many to enjoy the spiral of inflation and capitalize for our efforts and some enjoy the same just because of their birthright. There have been many in this area to attain high profitable returns for parcels sold off of farms, the irrigation water rights, and the mineral rights for oil and gas production and all of the supporting facilities and services that follow that industry. Everyone knows what is taking place along the front range and if we try to deny or hold down the momentum of free enterprise and people's right to buy and enjoy their property, we may snare ourselves in our own trap that could obligate a willing seller to be liable for the future property use agreeable to the will and pleasure of the neighbors. This is not the American way. Other than my years in the military, I have lived and home based just south of the Wilson property. We farmed twenty-five quarter sections in this area for ten years and fifteen of them for many more years. I have operated this business for over forty years and feel confident I can make a fair evaluation of operations in this area. I feel Mr. Wilson has done an adequate job of fanning in a start up operation. He only has to satisfy himself with his farm methods and production goals. With the help of the Weld County Farm and Ranch guide, I prepared a map symbolic of farmsteads from 25 to 50 years old, and those additions made in the last 25 years or less, some of them much less. I've been a member of Weld County Farm Bureau for 40 years and servedthat organization as President, Vice- president, and board member for many years. I was elected as District One Chairman of Colorado Farm Bureau which encompasses Boulder, Larimer and Weld Counties. Anyone that might not know I was a member of the Home Rule Charter Commission for Weld County almost 25 years ago. Sincerely, �. e6. 601-1,44W. W.E. Rosenoff Fort Lupton, Colorado WER/ew : N- Ia. 53 • dist i - tete. .P44Si- .�14. a ha- 3e7 II I I I I 1 I I y I — — — at' — 4/ I — �a I — ,�, — as I • i 1 • I d I 1 • I I • I • I ' "✓ I I I I ' t I - - -- —I— — -- —dal- �' y — — • a9 I a I • .Y ail fC.I I • `�� I • I G lote. ••• # ® •.._ A;NA t - 0-TA • ® I I _e ern' _ • ®_ _ I _ _• • Ite jr— -air 3y I 33" I LPQns Rec,Nmly I I I, Pm.. ,.._ it I t • I • I * • • I A I I I i 1 • • • i • I I I 1 1 1 I dis- Rd // Rd /9 Rd a1 Rc �,r nn , w+ces; 4 to ,Qk_ Cord g4'- 7, .I ' HIM, 44 A•. A18 9.n s-l4tfAa A /JA J. le "aim A.. 4241st. u6/26/66 1T:56 FAX 303 630 6626 RP M0RGAN & COMPANY 713 oot • • KP MORGAN & COMPANY MORTGAGE LENDING / MORTGAGES SERVICES Tuesday,March 16, 1999 Ms. Elizabeth Wilson 6707 Weld County Rd 19 Ft. Lupton, CO 80621 Dear Ms. Wilson: You have inquired with our company regarding mortgage financing for a property in Weld County. Pursuant to your request, I have looked into various construction loan financing options for a single family residence on your property. Because your property involves substantial acreage, you face some challenges to securing a construction loan financing on the land as it currently exists First, the investors we deal with have indicated that they would be unwilling to provide construction loan financing for a parcel greater than 25 acres. Construction lenders will finance projects up to 90% loan to value on properties 10 acres or less, and up to 80% on acreage between 10 and 25 acres, under very strict parameters. For residential loans that are not construction loans, but rather to purchase an existing borne or refinance, there is minimal, if any value given to acreage over 10 acres. In fact a recent refinance transaction on 40 acres used only the structure of the house and 10 acres to value the property. In addition to standard loan conditions such as satisfactory income, credit, appraisal and clean title work, lenders will also require a single legal description to describe the property that will be securing the loan. The legal description would need to be recorded before the loan is approved and it would need to be a clear and permanent legal description to secure the loan. Based upon this information we would be unable to provide the financing you have requested with the property as it currently exists. If you are successful in changing the legal description of the property please let us know,we would be pleased to explore your loan options at that time. If you have any questions regarding this information feel free to give me a call. Sincerely. Charles W. Garcia Vice President 1900 GRANT SUITE 828 • DENVER, COLORADO 80203 PHONE: 3013.830.1151 FAx: 303.830.8626 ' BUILDING INSPECTION DEPARTMENT PHONE (970)353-6100, EXT3538 C. FAX (ADMINISTRATIVE0)35 S WELD COUNTY OFFICES 1400 N. 17TH AVENUE COLORADO GREELEY, COLORADO 80631 fax transmittal to: Elizabeth Wilson fax: 303/833-2727 from: Scott Ballstadt, Planner date: March 9, 1999 re: letters & RE application form pages: 5 including this page NOTES: If you can fill out the application form as soon as possible I will see if it can be heard with the other applications. Also, the letter from the bank which explains that they cannot accept an SE for financing purposes would be helpful, if not with the RE application, at least for the County Commissioners' hearing. SERVICE TFAMW ORK,INTEGRITY_QUALITY • • Weld County Planning Dept. march 9, 1999 Weld County Board of Commt1atonena U9R 09 1999 P. 0. Box 758 Grteeleg, Co. 60632 RECEIVED Attn: Commtaatonena Pe; Ylt 2425 - 'At 2426- SC 757- Wtlson 't Legal lot Ylt. We are veny concerned wtth all then appltcattona and the concentrated type of development tahang place at thta location. We plan to be pnetenf Match /7, /999 when then wall be heard before you . We ask that you nevtew the teattmony of the Apntl 30, /997, Board of County Commttatoner meettnq., 2-PAD #79 Wtlaon. Alto Planntng 5ta#f recommendation letters ton dental . Many of the name ttauea appears tn mtnutea as appear tn then appltcattonu, an Zan. '96 they had a permit ton a stick build acc. to faam approved baits on come of then ag. tdeaa Unfontunately all that ha4 matenaaltaed at. houaet , boys, and auto nepaaa actLvafea, coming and going all night long. In neading appltcattonu 1 tee move expanuLon plant; all LABOR ZN1tN5iVt organic wheat, organic hay, heabt, greenhouse ( requiring upltt thtfta, the night chew to an tnatntngl, cattle head, elk head, almost foaget them chachenu. then the n-'went, biggest, and tune to get them anofhea temp. acc. to lava, /ORSt BOARDING . %hat 's a malon people need. boa a /act they 'ae going to need one move pennon fon weed contaol, au aevenal of [IA neaghbons ate going to auk that they contaol canada thaatlea . We ate not opposed to theta ay. tdeaa but very troubled because the hount have been given, the people are here, but yet eveay ag. actLvLtL ane uttll Ln planning stages. We ane also concean that the houueu appear not to be Bangle-jamaly dwellanyu, but have many people afayLng. WLlton 's have uatd on necoad eveayone pays towanda the pnoperty, thuu make houtet, mane people???? One of the applications appeana to be a creative way to take a 30 yn. old dilapidated fnailen acc . temp. (arm and make Lt a perm. dwelling, Gy aplLLting pnopenties on neclas4L(yLng use. flahing all (Lye homey under aepante title, this Ls mLnon subdividing and not the Latent of une Ln the agnicultune 5one diatnict, Ln my limited undenatanding o/ toning. TALa looks /the a amohe and minnon act because adequate documentation o( ?aim uae cannot be presented to Weld cty. In anawena fo queation; la it consistent with existing land uae. . . AB.S0LU/_LY NO/ ---- Compatible with aunnoundLng pnopentien. . . . ALO0LU/tLY NO/ ----9'nomotea health, sa/ely and yenenal wel(ane of neaidenta o/ county----4360LUICLY N0/ . . . in van letters dated 41an. 3/ , /997 neguanding /PAD #79 Wilaon contain thin last panagnaph; /kin neguest Ls bayed on expansion plans o/ a non-existing (aim openatLon and will penult Ln a poorly planned, overpopulated aub-dLvLsLon. We ask /on dental of thin permit. We ask (on removal o/ the others acc. uae-temp . dwelling, as toning neyuinea because o( ceaaation o( use. thank You Fo yours LonAldpna₹ion, /homaa t . + Lana L . .Spunling 111 6646 W.L. 2d. /9 Ft . Lupton, CO. 8062/ 303-633-3/32 SSW Bank of Colorado March 9, 1999 Elizabeth Wilson 6767 WCR 19 Fort Lupton,CO 80621 Dear Elizabeth, This letter is a follow up to our previous conversations regarding the investor requirements for permanent financing. As we discussed the Bank of Colorado does not carry long term mortgages internally,but sell them to investors. The investors that we use will typically finance acreages of between 5 to 10 acres maximum and will determine the acreage by the legal description of the property, as recorded in the county clerk and recorders office. If you have any additional questions,please telephone me. Sincerely, aatt"-- bianerl It Allan Wahlborg Assistant Vice President 605 Fourth Street P.O.Box 228 Fort Lupton,Colorado 80621-0228 (3031 857-6651 FAX(303)857-1640 Metro(3031 534-2716 Affiliate of Pinnacle Bancorp N/Slyg7 P� .fy 33 -a - C7 cri I - -.`'', > • • 3- 5- r'9 Att., ect7 e4 ,e, t ..3/2'a -Zv'-rc .-,-,( ,, .-plc-c.: a .tc - z z - C.tnca.r n'.-cam a fir e /1 C L"-ti-t‘ it 271-C-, 9F #2, �Lcvn nn-dzz� /-e-e t-aeQ Utt di 1C ( Y; -1 G-, -L 4 SA-4- - CLC aCCU e--nJ .2v E )/ ....;:t ' ,it-;iJ .'c, ' 0-2 tt -c-- o C - o ee_ , ew Caejt_rte cvncC� .ZfLc (/✓L -Li- ea. -e -1 �cY :a-7�v ,l t'/-ira-C . -- ti; de n -t nit , c__ a n,) . Chi >it^red_,, e, n ,O-Lot t!,',1 t( 2O_ ) /,-tc at, . �t . 4? eft. mi < < l� (/ .z a. CCz ,/ 21) a c[.-�1C1 ,�hcf, Cb)ja_1/4�/ -t t,{; 7Lt'1c,-� '42 a-/itit.Lcc,e'-Ii, �' /a±cc c /2,z� /fat t IA() /t,t ?:,, c die eh er<-C—. Z'tL _ „[t=-/1r ,i t1r . k(c- It 4_,,, �''2-2� �_e'c Y`t[ [' , .ri [ a1-/z_ - i `%L.CiL GL 3'K-�-. '= „Th_e zi ��[��- ,GL z-,Lv,�t'. ar,-ai .-C c `t-ce r/� « � ,c Cl !c� r n, . .)� ')t1 P ,,,Y r- �9-` ".l r --tet C---, ,Pi.el Cr�tC_n'T f71/2- )4 —)a fi 'e,+a1J n_-, J „o )L' 24 c n U .-I E.J -L 4,6 4,e'C., L�L V � cn - - [7j[A 9 c t ,0/ �,'"e.- j, I i Xr_e 1c- J12t- L( a. a2-) llev/e-c-;-_.e G.C- a -2, e<__,_„/ )24!e — C —e_,_1/ 2 Z. e , t"7._ , )5)(7)..4,-,t_ . � e A-4?-tt C. / ;1 L'_° , t'Z. Cl c„,,,_t/'-/3a- ' In- 2 (71„71-C ,� 1� [ tee/ ire tad ife?/'?-l-) //Lc i L z z te,1422 .4'i L[ - t S' / 6 , 7mt 1tc ,,, `I. l ima eta,0-ems CC C' '2 2� d-2/ `J� innTh rri'�-cM> b-71„) C'. 2((`e .1i- e0 2 72 / l/J� 4.4,,a2c2'tt (i. , . I % AIRId County Planning Dept. 'J ` cs/..-- ec2/2_,-) z.e.i/Tyrnian.) MAR 0 9 1999 % at.- u_ -?&Tlia-c-nom : J VE D /� rt,(e DEPARTMENT OF PLANNING SERVICES ' PHONE (970) 353-6100, EXT.3559 (970) 352-6312 CFM WELD COUNTYADMINISTRATIVE M1400 N.COLORADO AVENUE GREELEY, COLORADO February 24, 1999 Richard & Elizabeth Wilson 6767 WCR 19 Fort Lupton, Colorado 80621 RE: Recorded Exemptions #RE-2425, RE-2426, SE-757 and COC for Accessory to Farm being located in part of the N1/2 of Section 33, T2N, R67W of the 6th PM Dear Mr. & Mrs. Wilson: This letter is to inform you that the recorded exemption application referenced above has been reviewed by the Department of Planning Services and staff recomends that these applications be heard by the Board of County Commissioners. This application is scheduled before the Board of County Commissioners on Wednesday, March 17, 1999 at 9:00 a.m. The Board of County Commissioners meet at the Centennial Center located at 915 10th Street, on the first floor. Enclosed please find a copy of the staff recommendation to the Board of County Commissioners. Also enclosed is a copy of potential conditions of approval should the request be approved. Please call me if you have any questions or require further information. Sincerely, 5w - o lstadt Planner pc: Recorded Exemptions #RE-2425, RE-2426, SE-757 files a risk DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX(970)352-6312 WELD COUNTY ADMINISTRATIVE OFFICES N.N 1400 17TH AVENUE C. GREELEY, COLORADO 80631 COLORADO February 24, 1999 Board of County Commissioners Weld County Centennial Center 915 10th Street Greeley, CO 80631 Subject: Recorded Exemptions #RE-2425, RE-2426, SE-757 and COC for Accessory to Farm Dear Commissioners: Richard and Elizabeth Wilson have requested the aforementioned applications located in Section 33, T2N, R67W of the 6th P.M. The subject parcels are located west of and adjecent to WCR 19; approximately 180 feet south of WCR 16 and approximately 180 feet east of WCR 17. The parcels of land in question are designated as prime, prime if irrigated and other land by the USDA. Staff is requesting that the Board of County Commissioners review these applications due to staff concerns, past history which includes the Board of County Commissioners' denial of ZPAD-79 and concerns expressed by the City of Dacono as well as surrounding property owners. 1. RE-2425 in conjunction with SE-757 The City of Dacono indicated in a referral response received February 10, 1999 that RE- 2425 does not comply with their Comprehensive Plan. Staff has the following concerns pertaining to RE-2425 and SE-757: A. The applicant discussed this application for recorded exemption in conjunction with a subdivision exemption on the eastern 88 acre parcel with the Department of Planning staff prior to submitting these applications, however, the application materials do not reflect staffs recommended configuration. RE-2425 in conjunction with SE-757 proposes to create Lot A which would include ZPAD-67 and MHP-498. The applicant has indicated that the accessory dwelling on Lot A will be justified as the occupants will be employed at a proposed greenhouse on Lot A. The application materials also propose that the two older homes be located on the SE lot, leaving Lot B as a vacant building site. Staff had directed the applicant to separate the two older homes, one being on the SE lot and the other being located on Lot B (please see letter dated December 1, 1998 from Scott Ballstadt, Planner). This would essentially address the issue of multiple houses on one lot and would not create a new building site. Should the applicant amend the application materials to reconfigure the SE lot, staff would recommend approval with the attached conditions. RE-2425, RE-2426, SE-757 and COC for Accessory to Farm Page 2 2. RE-2426 The City of Dacono indicated in a referral response received February 10, 1999 that RE- 2426 does not comply with their Comprehensive Plan. Staff has the following concerns pertaining to RE-2426: A. This recorded exemption application on the western 100 acres proposes to create a 20 acre Lot A in the northwest portion of the site, approximately 180 feet from the intersection of WCRs 16 and 17. Staff has concerns that the potential cumulative number of residences created, if all of these applications are approved, would total eight without utilizing the PUD process. Section 2.21 of the Weld County Subdivision Ordinance and Section 10.1 of the Weld County Zoning Ordinance define Urban Scale Development as "developments exceeding five (5) lots...". A.Goal 7 of the Weld County Comprehensive Plan strives to "Protect agricultural land from encroachment by those urban uses which hinder the operational efficiency and productivity of the agricultural uses." However, the applicants have indicated that they plan to submit a minor subdivision on the 20 acre parcel if RE-2426 is approved. 3. Certificate of Compliance for Accessory to the Farm A. Based upon information supplied by the applicant, the Department of Planning Services and County Attorneys Office determined in October that the approximate 41 acre parcel located south of the FRICO ditch is a separate, legal parcel (please see letter dated October 6, 1998). The applicant then proceeded to obtain building permits and moved a stick-built structure onto the parcel. The Certificate of Compliance proposes an Accessory to the Farm mobile home to be placed on this parcel as well. The 41 acre parcel is currently in grass and does not contain - livestock. Due to the low intensity of the farming operation on the 41 acre parcel, staff has concerns that an Accessory to the Farm mobile home may not be justified in accordance with Section 43.2.3.1.1 which states, "The MOBILE HOME will be occupied by persons principally employed at or engaged in the operation of the USE where the MOBILE HOME is located..." as well as "...the mobile home occupant(s) is principally employed at or engaged in the farming operation on the subject property." The Department of Planning Services' staff requests that the Board of County Commissioners consider the application and determine if the standards of Section 11 of the Weld County Subdivision Ordinance have been met and adhere to the goals and policies of the Weld County Comprehensive Plan. RReeespectfully submitted, tty Scott Ballstadt Planner cc: Richard and Elizabeth Wilson Monica Daniels-Mika, Planning Director Weld County Attorneys c:\apps\re\wilson a DEPARTMENT OF PLANNING SERVICES r Weld County Administrative Offices 1400 N. 17th Avenue Greeley, CO 80631 Phone(970)353-6100, Ext. 3540 Fax(970) 352-6312 C. COLORADO February 2, 1999 Richard and Elizabeth Wilson 6707 WCR 19 Ft. Lupton, CO 80621 Subject: RE-2425 - Part of the N2 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado. Dear Mr. and Mrs. Wilson: 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 Dacono, Firestone, and Frederick Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Dacono, Firestone, and Frederick Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call City of Dacono at 303-833-2317: Town of Firestone at 303-833-3291; and Town of Frederick at 303-833-2388, for further details regarding the date, time, and place of these meetings. If you have any questions concerning this matter, please call me. Sincerely, Scott Ballstadt Planner rieitt DEPARTMENT OF PLANNING SERVICE: ' PHONE (970) 353-6100, EXT.355: FAX (970) 352-631: C. WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 8063 COLORADO January 22, 1999 Elizabeth Wilson 6767 WCR 19 Fort Lupton, Colorado 80621 RE: Part of the N1/2 of Section 33, T2N, R67W of the 6th PM Dear Ms. Wilson: The Department of Planning Services has received your applications for two Recorded Exemptions (RE), Subdivision Exemption (SE) and Certificate of Compliance for an Accessory to the Farm mobile home. I have not yet assigned a case number to your cases as I am giving you the opportunity to revise your Recorded Exemption in conjunction with Subdivision application so that the SE parcel and Lot B of the RE each include a stick-built home as a principal dwelling. I have discussed this at length with you, documenting such in my letter of December 1, 1998 (please see attached). I am giving you this opportunity to revise the application as staff will have strong concerns with the application as proposed which may result in a recommendation of denial to the Board of County Commissioners. Section 31.2.1 of the Weld County Zoning Ordinance allows for one (1) single family dwelling unit per legal lot as a use by right. Additionally, adequate documentation that the occupant of the mobile home will be principally employed on the farm was not submitted with the Certificate of Compliance. The Weld County Zoning Ordinance requires documentation which substantiates the use of accessory farm dwellings as follows: 43.2.3.1.1 The MOBILE HOME will be occupied by persons principally employed at or engaged in the operation of the USE where the MOBILE HOME is located. ACCESSORY farm USE of the mobile home shall be established and revalidated on an annual basis as follows: Evidence shall be submitted by the applicant or property owner by the first of each year for review and acceptance by the Department of Planning Services verifying that the mobile home occupant(s) is principally employed at or engaged in the farming operation on the subject property. 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. Elizabeth Wilson • • Page 2 Please notify me of your intention to either revise the current application or proceed as proposed. If I do not hear from you by February 5, 1999 I will proceed as you have currently proposed, which may result in denial of the application. Please call me if you have any questions. Sincerely, fi DITl13411/41- Scott Ballstadt Planner cc: property research file Monica Daniels-Mika, Director Bruce Barker, Attorney end: letter dated December 1, 1999 l � • • Kit DEPARTMENT OF PLANNING SERVICE Wm PHONE (970) 353-6100, EXT.355 FAX (970) 352-631 C. WELD COUNTYADMINISTRATIVE 1400 N. 17TH ENUI EY COLORADO GREE COLORADO December 1, 1998 Elizabeth Wilson 6767 WCR 19 Fort Lupton, Colorado 80621 RE: Part of the N1/2 of Section 33, T2N, R67W of the 6th PM Dear Ms. Wilson: This letter is intended to follow up our conversation of Wednesday, November 25, 1998. I discussed your proposed recorded exemption and subdivision exemption configuration with staff and it was confirmed that only one residence would be allowed on the SE lot as I informed you during our conversation %31`1 There are currently four residences on the property including a principal residence and accessory structures permitted through MHP-498, ZPAD-67 and.ZPAD 79. The configuration which you propose indicates that the principal dwelling and accessory mobile home will be located on Lot A, the two older stick-built homes will be located on the SE parcel and Lot B will be vacant. Section 31.2.1 allows for one (1) single family dwelling unit per legal lot as a use by right, therefore staff has determined that the SE parcel shall contain one of the older stick-built homes and the other shall be located on Lot B as the principal dwelling. You have indicated that you will submit the appropriate documentation to justify the accessory mobile home on Lot A in accordance with Section 43 2 3 1 1 Please adjust your recorded exemption and subdivision applications accordingly prior to submittal. Please call me if you have any questions. 9Sincerely,r? n V CZ r` k bra — \1` Scott Ballstadt Planner II cc: property research file Elizabeth Wilson • • Page 2 Also, I have been unable to locate evidence that a Non-Conforming Use (NCU) file has been established for the non-conforming structure. Please provide evidence to the Department which documents a construction date so that I may establish an NCU file for this structure. The Weld County Assessor's office may be of assistance to you in obtaining such evidence. Please call me if you have any questions. Sincerely, Scott Ballstadt Planner II cc: property research file Monica Daniels-Mika, Director Bruce Barker, Attorney Certified Mail H 7. III 357 351 6767 WCR 19 Ft. Lupton, Colorado 80621 December 31, 1998 Weld County Planning Dept. Scott Ballstadt, Planner II Weld County Planning Department 1400 N. 17th Avenue JAN 0 4 1999 Greeley, Colorado 80631 RECEIVED Dear Mr. Ballstadt: We received your letter concerning the documentation for our accessory dwellings. I am enclosing the requested documentation, under protest, first because you are well aware from our conversations and from previously existing documentation, that the people living here are primarily engaged in this farming operation. Secondly, because it was only "required"after our telephone conversation when I told you that the Recorded Exemption and Subdivision Exemption proposals, as you stated Planning would like to see them, are of absolutely no advantage to us. Finally, the documentation for accessory dwellings has never been "required" from this farm before, since 1980, and is not required currently from all other farmers who have accessory dwellings on their properties. This fact was verified in a telephone conversation with Bruce Barker on December 16, 1998, shortly after your letter arrived. You told me also in the telephone conversation referenced in your letter that Planning would have "concerns" if we applied for a Recorded exemption on the 40+ acre parcel created by the irrigation ditch, which has been in existence since 1915, but which Planning only recently acknowledged. These"concerns" would be that we are trying to circumvent the Subdivision regulations, even though Planning knows that is not the case. The first two houses have been here over 50 years. In 1980, the mobile home accessory dwelling was added. Since then, only one house has been added to each of two parcels which total 240 Acres! Planning has further assurance that we are not trying to circumvent the subdivision requirements, since a minor subdivision on the proposed recorded exemption parcel was one option we discussed, but which Planning did not approve. Last year's planner, Todd Hodges, suggested that we put in a minor subdivision on this site. Planning objected to an additional accessory dwelling at that time, even though stick built accessory dwellings were then allowed by the Ordinance. A similar stick built accessory,Z-PAD 69, had in fact been approved the previous year by the Planning Department, under the same Ordinance. In 1995, when we first contacted them, the Planning Department told us to apply for each accessory dwelling separately, then in 1996, when we applied for the second, asked why we hadn't applied for both together. Every Z-PAD prior to ours had been approved, with very little documentation required, including multiple stick built and mobile combinations(see Z-PAD 77, spring of 1997). Every other farmer got what they said they needed, without having to prove anything, even in large • multiples (see Z-PADS for Philip Anschutz at Equus and for National Hog Farms) Accessory dwellings on farms have ALWAYS been approved, based on the farmers' assessments of their needs. If you would like further documentation, see George Baxter's comments on the transcript of the April 30, 1997 hearing before the Weld County Commissioners regarding Z-PAD- 79. In addition, you and I have discussed the possibility of a minor subdivision in the northwest corner of our property-an option you said Planning staff tentatively approves. This again illustrates Planning's awareness that we are not attempting to circumvent any regulation, but rather trying to find a way to accomplish our farm's goals that is agreeable to the current group of planners. Since the Ordinance is written with the intention of allowing people these exemption uses of their property, we believe Planning should attempt to assist people to use the process as written, rather than looking for some interpretation that precludes it. That individual interpretation and assignment of intent leads to inconsistency and unfairness and makes the process burdensome and oppressive. That is not the intent of the Ordinance. Attempting to force us into a land division which will increase our taxes, give us awkward parcels, leave us with an older, 660 square foot dwelling as the main house on the 80+ Acre main parcel, and not give us even one additional building site is an abuse of the process Planning is supposed to be consistently and fairly implementing in Weld County. Our intent is now, and has always been, to provide suitable housing on this family farm for our young adult children, who want to continue the agricultural business we have started, and to raise their families in the country. We have made numerous, varied and ongoing attempts to work with Weld County to that end. We have had numerous letters and calls to Planning and other Weld County government offices go ignored and unanswered. We have been subjected to confusing and conflicting suggestions from different planners. We have been subjected to public humiliation, harassed by unfounded "complaints" investigations, and have been prohibited from a right and reasonable use of our property that was legal and allowed under the ordinances all along, all under color of law. Planning's arbitrary and capricious interpretation of the Weld County Zoning Ordinance and the process of implementing it has further resulted in a substantial loss of opportunity and income for us. We were hindered from getting our agricultural business up and running as we had planned, because some of the people who are crucial to the operation were prevented from living on site. We have had a groundless, time-consuming, expensive --both to us and the taxpayers of Weld County-- lawsuit filed against us and then dismissed by Weld County, even though we had changed nothing. We were prevented from accessing our own assets for necessary capital expenditures by the accompanying!is pendens. Weld County needs to realize the impact of its decisions on citizens, and to be held accountable for the damage whimsical and inconsistent interpretation and application of the written regulations causes. The Zoning Ordinance and Subdivision Ordinance claim to support agriculture, but in practice, agriculture is discouraged, and expensive, tax revenue producing development projects are promoted instead. The ordinances should be plainly written, easily understood, consistently applied, and staff should work WITH the citizen who is trying to use his property in a right and reasonable manner, rather that looking for a "concern" that is not part of the ordinance. Our Recorded Exemption and Subdivision Exemption proposals use existing improvements and divide the land in a reasonable and orderly fashion, within the intent of existing criteria. The proposed subdivision exemption keeps the original two homes on one parcel, and keeps the existing agricultural improvements-barn, shop, corrals, granary, etc.-intact. Your proposal would be difficult to implement within the setbacks, without forfeiting usable existing structures. Your letter states that there is no "NCH" file for the second house, which was built long before there was a Planning Department. Since it is not on record as a non-conforming use, and since , according to the Zoning Ordinance created about 1972, each house must be on its own parcel, then it must already be on its own separate parcel,just like the 40 acres south of the ditch. That 40 Acres has also been a separate parcel since long before the Planning Department existed, even though the parcel was only recently acknowledged by the department. Putting it on its own parcel would certainly solve the problem of whether the second house should go on the Subdivision Exemption or on the main parcel. We will be glad to have the parcel surveyed and duly recorded, as we are now doing with the land south of the ditch. There are numerous public records available to you if you wish to research a construction date for the second house. It certainly precedes the Planning Department. Please provide us with your statutory and regulatory authority for asking us to provide "evidence". The apparently questionable state of record keeping in Weld County, and the planners' confusion over what has already occurred, as evidenced by your earlier letter, is not for the citizens to rectify, but rather something that should be dealt with within the Planning Department. We have made repeated and ongoing good faith efforts over the last three years to accomplish a reasonable goal-provide suitable housing for workers on this farm-while working within the guidelines and intent of the Weld County Zoning Ordinance. We intend to continue toward our goal, and we need clear, concise, consistent direction concerning what avenues are open to us and what the requirements are for each one, something which we have not been given to date. Expecting citizens to apply for projects that fall within the guidelines of the Zoning Ordinance only to be turned down on a capricious and arbitrary interpretation of the ordinances and their "intent" is a flagrant violation of our rights to substantive and procedural due process. We have already documented a litany of offenses against our civil rights during the course of doing business with Weld County government, and we intend to pursue whatever legal means are available to us to protect and defend ourselves and our property. Sincerely, cc: Bruce Barker Monica Daniels-Mika AFFIDAVIT STATE OF COLORADO ) ss County of Weld 1, James Enos Dowd, being of lawful age and being first duly sworn, state as follows: I. That I am principally engaged in the family farming operation at this location. 2.. That 1 live at 6747 WCR 19, Ft. Lupton, Colorado 80621. 90211\-te C7,4)-41 Dattr‘2---> Subscribed and sworn to me this 9 day of December, 1998. My commission expires: //)--1 7-(90 Q 9 Public AFFIDAVIT STATE OF COLORADO ) ) ss County of Weld I, Elizabeth Wilson, being of lawful age and being first duly sworn, state as follows: 1. That I am principally engaged in the family fanning operation at this location. 2. That I live at 6767 WCR 19, Fort Lupton, Colorado, 80621. Subscribed and sworn to me this A 9 day of December, 1998. My commission expires: 0 - t ct -30 Oa, ota Public • • DEPARTMENT OF PLANNING SERVICE PHONE (970) 353-6100, EXT.355 lungFAX (970) 352-631 C. WELD COUNTY ADMINISTRATIVE OFFICE 1400 N. 17TH AVENU GREELEY, COLORADO 8063 COLORADO December 15, 1998 Elizabeth Wilson 6767 WCR 19 Fort Lupton, Colorado 80621 RE: Part of the N1/2 of Section 33, T2N, R67W of the 6th PM Dear Ms. Wilson: This letter is intended to follow up our phone conversations of December 8 and 15, 1998. The Weld County Zoning Ordinance requires documentation which substantiates the use of accessory farm dwellings as follows: 43.2.3.1.1 The MOBILE HOME will be occupied by persons principally employed at or engaged in the operation of the USE where the MOBILE HOME is located. ACCESSORY farm USE of the mobile home shall be established and revalidated on an annual basis as follows: Evidence shall be submitted by the applicant or property owner by the first of each year for review and acceptance by the Department of Planning Services verifying that the mobile home occupant(s) is principally employed at or engaged in the farming operation on the subject property. 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. There are currently four residences on the property including a principal residence, a non- conforming dwelling and accessory structures permitted through MHP-498 and ZPAD-67. My previous letter of December 1, 1998, mistakenly indicated that one of the existing structures was permitted by ZPAD-79, when in fact ZPAD-79 was actually denied by the Board of County Commissioners. Since MHP-498 and ZPAD-67 were approved for accessory farm uses, staff requests that you submit evidence in accordance with Section 43.2.3.1 1 to substantiate these uses by Thursday, December 31, 1998. If you are unable to submit such evidence, the recorded exemption and subdivision applications which you had been contemplating may provide you with an alternative. • i t;" rt-- , DEPARTMENT OF PLANNING SERVICE; ID PHONE (970) 353-6100, EXT.355! WI FAX (970) 352-631: C. WELD COUNTY ADMINISTRATIVE OFFICE: 1400 N. 17TH AVENUE GREELEY, COLORADO 8063' COLORADO December 1, 1998 Elizabeth Wilson 6767 WCR 19 Fort Lupton, Colorado 80621 RE: Part of the N1/2 of Section 33, T2N, R67W of the 6th PM Dear Ms. Wilson: This letter is intended to follow up our conversation of Wednesday, November 25, 1998. I discussed your proposed recorded exemption and subdivision exemption configuration with staff and it was confirmed that only one residence would be allowed on the SE lot as I informed you during our conversation ba'1)� There are currently four residences on the property including a principal residence and accessory structures permitted through MHP-498, ZPAD-67 and ZPAD 797 The configuration which you propose indicates that the principal dwelling and accessory mobile home will be located on Lot A, the two older stick-built homes will be located on the SE parcel and Lot B will be vacant. Section 31.2.1 allows for one (1) single family dwelling unit per legal lot as a use by right, therefore staff has determined that the SE parcel shall contain one of the older stick-built homes and the other shall be located on Lot B as the principal dwelling. You have indicated that you will submit the appropriate documentation to justify the accessory mobile home on Lot A in accordance with Section 43.2.3.1.1. Please adjust your recorded exemption and subdivision applications accordingly prior to submittal. Please call me if you have any questions. 9C'E) Sincerely, \V Scott Ballstadt Planner II cc: property research file • • ftc, 44,414WD DEPARTMENT OF PLANNING SERVICE: PHONE (970) 353-6100, EXT 355' FM (970) 352-631, C. WELD COUNTY ADMINISTRATIVE OFFICE: 1400 N 17TH AVENUI GREELEY, COLORADO 8063 COLORADO October 6, 1998 Elizabeth Wilson 6767 WCR 19 Fort Lupton, Colorado 80621 RE: Part of the N1/2 of Section 33, T2N, R67W of the 6th PM Dear Ms. Wilson: Thank you for fax received 9/29/98 pertaining to the FRICO ditch. Staff has reviewed the information you have provided with the County Attorney's office. Based on this information it appears that the court ordered a condemnation for the Bull Canal right-of-way and staff has determined that this created two separate legal parcels. Please call me if you have any questions Sincerely, Scott Ballstadt r Ip ��� Planner II rc O 1� cc: property research file L.:> I /02-65 ( v�� C/R�t� is s *(2P�a V �i From: SCOTT BALLSTADT To: CENTDOMAIN.CENTPOST(LMORRISON) Date: 10/6/98 6 :58am Subject: Liz Wilson -Reply -Reply thanks - i agree >>> LEE MORRISON 10/05/98 04 :54pm >>> I reviewed the receipt from FRICO and it is sketchy but it does appear to indicate that the court ordered a condemnation for the Bull Canal right of way and the money was paid by the ditch company and, therefore two lots were created Lee >>> SCOTT BALLSTADT 10/04/98 04 :29pm >>> i am putting a fax from ms wilson in the mail for monday - the fax is from FRICO and ms wilson wants staff to consider this a fee split - it is not a recorded document but it appears as if the ditch company condemned the property in 1917 - i told ms wilson i would get back to her CALL (\AS v.J I LC ON) c- R ('L )SC`'( • • DEPARTMENT OF PLANNING SERVICE£ C ' PHONE (970) 353-6100, EXT.355S FAX (970) 352-631;WELD COUNTY ADMINISTRATIVE OFFICER 1400 N. 17TH AVENUE GREELEY, COLORADO 8063' COLORADO October 5, 1998 Elizabeth Wilson 6767 WCR 19 Fort Lupton, Colorado 80621 RE: Part of the N1/2 of Section 33, T2N, R67W of the 6th PM Dear Ms. Wilson: Thank you for fax received 9/29/98. When we originally spoke about your subdivision options, you indicated that you were interested in a minor subdivision on the far west edge of your property and a recorded exemption in conjunction with a subdivision exemption to separate existing improvements on the east side of your property. Your fax now indicates an additional minor subdivision as well as a recorded exemption in conjunction with a subdivision exemption all on the eastern edge of your property. Staff would consider such a proposal an attempt to evade the Subdivision Ordinance. The Weld County Subdivision Ordinance defines urban and non-urban scale development as follows: Non-Urban Scale Development - Developments comprising of five or less residential lots, located in a non-urban area as defined by the Weld County Comprehensive Plan, not adjacent to other PUD's, subdivisions, municipal boundaries or urban growth corridors. Non-Urban Scale Development on public water and septic systems shall have a minimum lot size of one (1) acre and an overall density of two and one-half (2-1/2) acres per septic system. Non-Urban Scale Development proposing individual, private wells and septic systems shall have a minimum lot size of two and one-half(2-1/2) acres per lot. Urban Scale Development - Developments exceeding 5 lots and/or located in close proximity to existing PUD's, subdivisions, municipal boundaries, or urban growth corridors and boundaries. All urban scale developments shall pave the internal road systems of the development. The minor subdivision process can be used to propose five lots. The additional adjacent recorded exemption and subdivision exemption lots which you are proposing would be considered towards the total lots created, exceeding the five lot maximum. This would necessitate an urban scale PUD proposal and would require urban services to be provided. Additionally, staff cannot recommend approval of an urban scale PUD outside of an urban (� growth boundary area or an area where urban infrastructure is available. You may, however, propose a five-lot minor subdivision and incorporate the existing structures into the such subdivision. G • Elizabeth Wilson . • Page 2 I have forwarded your documentation from FRICO to the County Attorney's office for assistance in determining whether or not this constitutes a fee split. I will contact you as soon as I receive a response. Please call me if you have any questions • erely, p, Scott Ballstadt Planner II cc: Monica Daniels-Mika, Planning Director property research file .-ravat 01 ��/e-') Mvl - 303 Gs5---•' 7° J /afl-a— ifil ii---1 if or/n.-\.//e. C..i/e..-.3.-ni ' v,__ I /JS �1 . N... ; u . x. `1— �.S. .Pet ` \ M rr_��r I N t. er l e 1 _------ I . - 4 \ . ,s_fre,..„1 . LS, l ...°C-Ccl, CC` ,$- c tc I M 7 a 10 R (. mho �ci2 / 4 __ ...f. 31 1 1111 ; 1 ( Hi11 1 . 11 I 4I1I . DIh1� t11ir ' ! Ii ! i ii1 � � i i\ iiiki , � ti ' ti : i ' 4 11 i I i i ii i 1 Il � � 'I11I ! I ' i1 i 1 � 1 ► i ilI I .P,';Iil 1 ( � ! 1 Ii ji j i ii 'II I . 4i i = iiil ! I I Iii ! , II . \:\It.-N '-'`-,-- c, D ‘%,.... 5- EO '4 LL09899 '0N XNd 00I214 WV 14:90 us 88-0Z-my 09/29/98 14:48 TX/RX NO.2614 P.001 Il oy/ c r, . .., ±J. 4O JYJ.i C.] WILL LULTIIK�` F- &E bJ•THE FARMERS RESERVOIR AND IRRIGATION COMPANY 00 South 27tH An•O ightak(CD 80601 TuwepSOat ,03.088.7373•MX 303-064.8077 C 0 TELECOPIER TRANSMISSION EA' ( 303) §59-6077 TO: ; L,d.t.e71 FROM: 0rg i a RE: Ma` ,33-2y- lp1 DATE: �.2C/Q� DOCUMENT SENT TO FAX NUMBER: y3 3- 6 70 1 NUMBER OF PAGES ;NCLUDING THIS PAGE : PLEASE CONFIRM RECEIPT: NO TES If any problems occur with reception or not all pages Ln this transmission are received, please call ( 303) 659-7373 and ask for COMMENTS: Meat t•.- .GLtd� <-u.`*>~ t !G iren a`its, :/ .. ' !J t ,7 ', 4'Ste /' In •J linage° 'MI VIN nnTMJ LW 76(an nu' Qfl fl7 MN 09/29/98 14:48 TX/RX N0.2614 P.002 • WLLU I:VlAvly'y KUt-' PAit t, C373:0 • SNOW ALy MEN BY THESE PRESENTS, That for and in consideration of the payment to ma of the sum of Five Hundred ginsty-three Dollars and Twenty-seven Cents (.898.27), the receipt whereof is hereby acknowledged, I, L. X. MILFORD do hereby release and disoharge THE rams RESERVOIR AND IRRIGATION COMPANY and ADVA SHAW, as Receiver of said oo�p y: rom+�y�arny and ��all claims endSkt. Q I^ hvi,1,41 aed�ands of every kin taoe r td5'arbio my tot 1 any claims or demands arising out of or in any way in- oidsnt to that certain condemnation snit in the District • Court of Weld County, Colorado, entitled "The Farmers Reservoir and Irritation Company v, L. R. Mulford." No. 8284, end I do hereby acknowledge settlement and satisfaction in full of said condemnation snit and of any claims or demands Which I may have or assert, or ever have had or asserted relating to any alleged un- lawful. 000upancy or p ion of the premises involved in said condemnation suit by the said The Farmers Reser- voir and Irrigation Ooriany or its Receiver at any time. IN WETNESS 1H OP, 2 hays hereunto set my hand end seal this 16th day of February . 1917. (skean) fi .A linaaoa nu xua Mrua ttu cn•on nun oa_n7_mu 09/29/98 14:48 TX/RX NO.2614 P.003 . '. 4 . _ re _ c DEPARTMENT OF PLANNING SERVICES PHONE (970)353-6100, EXT.3559 ' FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES e 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO . August 7, 1998 Elizabeth Wilson 6767 WCR 19 Fort Lupton, Colorado 80621 RE: Part of the N1/2 of Section 33, T2N, R67W of the 6th PM Dear Ms. Wilson: This letter is intended to follow up on our conversation of August 6, 1998. Enclosed please find copies of the Recorded Exemption and Subdivision Exemption procedural guides which outline the appropriate County processes. If you are able to locate a deed for the FRICO ditch right-of-way, I would be glad to take it to a staff meeting to determine whether or not that portion of your property is a separate, legal parcel. You should be aware that by sending you these documents the Department of Planning Services is not guaranteeing approval of these applications. Once you have completed the application materials, including required attachments, I will review them to verify that they are in order. I Please call me if you have any questions. V3 Y Sincerely sit,?") Scott Ballstadt • e Planner II . • j� cc: property research file 4 V FIELD CHECK inspection date: I /Zi / qp CASE NUMBER: (7 t 27124 R5-7s1 ? - 2ktv, APPLICANT: vuuLO-13 LEGAL DESCRIPTION: pi 1.12 33-2- '(-ci7 I/J6111 LOCATION: of and adjacent to Weld County Road 49 d' ' ov-n-k ac-- d' 0(q To we Zoning Land Use N A (Agricultural) N Pr-( et. IDQ.Vi kL E A (Agricultural) E Av S A (Agricultural) S A () W A (Agricultural) W Ac COMMENTS": � 6XIStiIV> 14, b5 t 1;:p PA0-v 3c)c,s 4 17 6t* Scott Ballstadt, Planner II I A00 00 1/4P-ON\ ba-I G I1 5iA-tAiot cfl UtkiQPIi O,3 PrRA"�rs pcp ex , S TS CSF Di'-C-44 ,si z,' i WilPC APPLICATION FLOW SHEET COLORADO APPLICANT: Richard & Elizabeth Wilson CASE #: RE-2425 REQUEST: Recorded Exemption on 88 acres in conjunction with SE-757 LEGAL: Part of the N2 33-2-67 LOCATION: West of and adjacent to WCR 19 & south of and adjacent to WCR 16 PARCEL ID#: 1311 33 000036 ACRES: 88 Date By Application Received 1/20/99*field JAC check 1/29/99 Application Completed 2/2/99 SB Referrals listed 2/2/99 SB Design Review Meeting (PUD) File assembled a3?" - (11.- Letter to applicant mailed a-3- Vicinity map prepared Referrals mailed ,:3-9c1 Chaindexed -3 � LC a Field check by DPS staff ) / VI I 'R sj' %I-% Adm e-Review decision: Aee(2o\fel' 3 / ii I s`t g c_C -- Date By County Commisioners Hearing Date Of applicable) Surrounding property owners notified Air photo and maps prepared -:),- '5• if 01 _i i 1 CC action: CC resolution received Recorded on maps and filed 7- i 3-clef Th. A , L. Overlay Districts Zoning A_ Airport Yes_ No_X_ Geologic Yes_ No_X_ Flood Hazard Yes No X_ Panel#080266 0864C •_PARTMENT OF PLANNING SERVICES Weld County Admir _.,alive Offices, 1400 N. 17th Avenue, Greeley, Colorado 80631 Phone (970) 353-6100, Ext. 3540- Fax#(970) 352-6312 APPLICATION FOR RECORDED EXEMPTION a t1 Q kLy1;0(�/� 2y /I Application Fee `17D . (/) Receipt Number D 317(0 Case Number Cc ' t-ia5 Recording Fee eceipt Number Zoning Distric Application Checked By Planner Assigned to Case e!, 0 Dty r+ G TO BE COMPLETED BY APPLICANT: (Print type n y e� for required signatures). aa f� Piing De I (we), the undersigned hereby request that the following described property be designatexi'trajthQg99 exemption by the Weld County Board of County Commissioners. '� _��/� Legal Description: N i P a 33 e&2 ii Total Acreage: grfrb Ylltain ea Parcel Number / i i j 3 3 Q 0 0 0 3 G (12 digit number-found on Tax I.D. Information 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 Sx- Ccr4- o‘ cos- .�e--7F•"0-0's Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes No X 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 f33_0707 Name: Ric%ia.nl L I- ui2 A 1J;/so„ Home Phone(3o.3), work Phone# - -r---c- Address:L 'JO1 wit /4 City/State/Zip Code Fr L.-..7r7' do 76G Z/ Applicant or Authorized Agent: `-G/e-cA • `_.A., i,/so., Phone# 301 - e?3_31--= 0 7 0 7 Address: Sern-c- 4s —A,.,c- City/State/Zip Code Name: Home Phone# Work Phone# Address: City/State/Zip Code Larger Parcel Smaller Parcel App6 Smaller Parcel a cel3-lot Recordedo Exemption \ Water Source Ga/C/w,G &4.1 I,/.v.,-- e .) 4/.-1 l Type of Sewer �,w ....c„...-1-,-- I/ Proposed Use a, ✓/ Acreage 7 of f/- Co --7 4 (o -- 7 4 Existing Dwellings �/ YesorNo t/o Iju L-74L-74-.4 � ` ---- Existing Dwellings Address (if applicable): Larger Parcel 1S1 Smaller Parcel 6 1O1 -i- L 7,2 7 Smaller Parcel (applicable only for 3-lot Recorded Exemption) (''7 411 v- /, 76 7 I hereby state that all statements, proposals, or plans submitted with this application are true and correct to the best of my knowledge. Rev: 1-27-97 Signature: Owner or Authorized Agent . 5 • • RECORDED EXEMPTION QUESTIONAIRE ITEMS REQUIRED FOR SUBMITTAL 1. A water supply statement. The statement will include evidence that a water supply of sufficient quality, quantity, and dependability will be available to serve the two proposed lots. A letter from a water district, municipality, or a well permit are examples of evidence for domestic use. The water supply statement should also contain the type and quantity of irrigation water available to the site, if applicable. 2. A statement explaining that the proposed lots will have an adequate means for the disposal of sewage in compliance with the requirements of the underlying zone district and the Weld County Health Departmeht. 3. A description of how the property is being used. When the parcel(s) is located in the agricultural zone district, the description shall include approximate acreage of prime and nonprime farmland as defined in the Weld County Comprehensive Plan,number and types of livestock and any existing improveme ' s'jch as the principal residence, labor home, mobile home, manufactured home, barn, outbuildings, irrigation ditch- 3. and oil well production facilities on the property. 4. The reason for the proposed recorded exemption with an explanation how each lot Mii be used. 5. A description of the location, size, and present use of the area where the proposed new lot will be created. 6. The following note shall be placed on the plat: All proposed or existing structures will or do meet minimum setback and offset requirements for the zone district in which the property is located. 7. A statement explaining that the proposal is consistent with any adopted municipal plan, and any intergovernmental agreement(s), if applicable. 8. A statement explaining how the proposed uses will be compatible with existing surrounding land uses. 9. A statement explaining how the proposal is consistent with the intent of the district it is located within as expressed in the Weld County Zoning ordinance, as amended, and the Weld County Comprehensive Plan. 10. A statement explaining how the proposal is consistent with efficient and orderly development as defined in the Weld County Subdivision Ordinance, Section 1.3; as defined below: Assist orderly and integrated development. Promote the health, safety, and general welfare of the residents of the County. Ensure conformance of land subdivision plans with the public improvement plans of the County and its various municipalities. Ensure coordination with public municipal improvement plans and programs. - Encourage well-planned subdivisions by establishing adequate standards for design and improvement. Safeguard the interest of the public, the homeowner, and the subdivider. - Securing equitable handling of all subdivision plans by providing uniform procedures and standards. Preventing loss and injury from fire in wooded terrain. Preserve agricultural land and promote its most productive agrarian use. - Ensure irrigation water currently associated with a farm or rural unit of land will be retained for agricultural uses. Preserve natural vegetation and cover and promote the natural beauty of the County. Prevent and control erosion, sedimentation, and other pollution of surface and subsurface water. Prevent flood damage to persons and properties and minimize expenditures for flood relief and flood control projects. Restrict or regulate building in flood hazard overlay district areas, shoreland, areas covered by poor soils or in areas poorly suited for building or construction. Prevent loss and injury from land slides, mud flows, and other geologic hazards. Provide adequate space for future development of schools and parks to serve the population. 8 • • WI LS or) - iC is RECORDED EXEMPTION QUESTIONNAIRE 1. WATER SUPPLY a. Domestic Use: Property has one domestic tap serving original houses 6707 and 6727, which would be on the Subdivision Exemption. A second tap serves the accessory dwellings at 6747 and 6767, which would be together as principal dwelling(6767) and accessory dwelling to farm (6747)on the proposed Recorded Exemption. A new tap would serve the new main farmhouse, to be constructed on the larger remaining parcel. b. Irrigation Water: The Wilsons own one share of FRICO Standley Lake water, with a typical allotment of 6-7 Acre feet per year. Owning one share allows the Wilsons to rent water from other shareholders on an as available basis. Historically, more of the acreage was irrigated by the previous owner and tenant, who owned more water. Only two shares remained with the farm at the time of the Wilsons' purchase, and one share remains with this parcel now. Wilsons have a lease back agreement on one share for three years, and are on the rental list of the municipalities to rent as much water as is available on a year to year basis. Any available water will continue to be used to irrigate the alfalfa field now in place, as well as the wheat and millet. Two wells which date back to the original farmhouses, are also in use for yard irrigation and livestock watering. 2. SEWAGE DISPOSAL Each existing dwelling has its own septic system. A new septic permit application would be made to the Department of Health for the proposed new main house. Any new construction would be subject to site approval, but the lots easily accommodate the 2.5 Acre minimum lot size,and the ground here has traditionally been well within percolation standards. 3. CURRENT USE The property is currently being used as a family farming operation, a use which we hope and intend to continue. The parcel is in the Agricultural Zone District, and at one time much of it was prime farmland as described in the Weld County Comprehensive Plan. At present, one share of FRICO Standley irrigation water provides between 6-7 Acre feet per year, minus shrinkage. That amount will flood irrigate approximately 6 or 7 Acres of hay, or other more intense use on a small parcel. If and when additional irrigation water is available, more of the land is irrigated that year, but the land is considered non-prime. The balance of the land has been used for dryland wheat, grass, and millet. At present the Wilsons have a small herd of natural-fed cattle, which they plan to expand as repairs and improvements continue. The property was a feedlot at one time, and on the proposed Subdivision Exemption parcel there are corrals, barn, sheds, shop, scale, grain bins, and silo, as well as the original main house and a small second home. The Wilsons also are raising free-range chickens, herbs, and have a small herd of domestic elk which they may move • • G,1/!Jo i✓ -Z£ - 2 to the main parcel. They are also in the process of being having certified organic their wheat and hay. Organic farming endeavors are more labor intensive, so the proximity of interested workers is most crucial to the ongoing success of this operation. On the proposed Recorded Exemption parcel, there are a stick built house, and a double- wide mobile home which has been used as an accessory dwelling to the farm since 1980. The Wilsons have also purchased a greenhouse, which will be erected on this parcel, and will require the extra labor from the persons in the mobile home. The proposed Subdivision Exemption parcel is bounded on the South by a concrete irrigation ditch. There is a smaller distribution ditch of dirt and concrete which flows from the main ditch around the hayfield on the largest remaining parcel. Neither the proposed Subdivision exemption parcel nor the proposed Recorded Exemption parcel are currently irrigated. The total acreage on this parcel is approximately 90 acres before the SE and RE are subtracted. Contiguous parcels of approximately 40 acres to the south and 110 acres to the west are also owned by the applicants. There are several oil and gas wells, and storage tanks on the property, but not on either of the proposed Exemption parcels. The property is bounded on the North by a strip of land with towers and power lines belonging to Public Service Co. of Colorado. Wilsons have obtained two easements for use from this parcel onto WCR 16 through the Public Service property. 4. REASON FOR PROPOSED RECORDED EXEMPTION The Wilsons are requesting the proposed Recorded Exemption, along with the Subdivision Exemption in an effort to provide housing for the family members who would like to remain in the family farming operation. As the family is growing up and marrying, the sons and daughters need homes of their own. These parcels will allow them to have ownership of their own homes, while still being part of the family farming operation. The essential use of all the parcels will remain agricultural. This use is in keeping with the Weld County Comprehensive Plan. 5. LOCATION, SIZE, PRESENT USE The Subdivision Exemption parcel will be approximately 7 Acres. The proposed Recorded Exemption parcel, approximately 6 Acres. The remaining parcel will be about 77 Acres. They are located in the northeast quarter of Section 33, T2N, R67W on WCR 19, south of the intersection of WCR 16, south of the concrete irrigation ditch. Main structures (dwellings)are already in place, existing use will not change. 6. SETBACKS All new and existing structures should meet the minimum setback requirements: they will use and/or share existing access roads. Additional access easements (two on this parcel) have been obtained from Public Service Co. • 7. USE CONSISTENT WITH IGAs The proposal is consistent with municipal plans of nearest towns and any applicable intergovernmental agreements: this plan maintains and strengthens existing agricultural usage. 8. CONSISTENT WITH EXISTING SURROUNDING LAND USE The agricultural use is not changing, and will continue to be compatible with surrounding properties which are also primarily agricultural. 9. CONSISTENT WITH INTENT OF AGRICULTURAL ZONE DISTRICT This proposed Subdivision Exemption and Recorded Exemption will leave existing structures and land use unchanged, but it will give permanence to what is now a"temporary" stick built house- a use no longer allowed. It will continue the historic and desirable agricultural use of the land, while providing grown members of the family an opportunity to own their own home and remain part of the family farm operation. It will allow several women to continue to earn a living at home while caring for their own children, it will allow a family farm operation to increase its financial base and expand its operation, contribute to the community and the economy. CONSISTENT WITH WELD COUNTY COMPREHENSIVE PLAN The proposal is consistent with the Weld County Comprehensive Plan because it reserves the historical, Agricultural use of the property, strengthens the sense of community,provides jobs and tax base for the county, uses existing structures at their highest and best use, and promotes continuity of a family farm. 10. CONSISTENT WITH EFFICIENT AND ORDERLY DEVELOPMENT The proposed plan is consistent with the efficient and orderly development of Weld County. It uses existing structures,roads, utilities and makes maximum use of farmland. It promotes stability in the community by providing the opportunity for family members to continue ownership in,and develop new endeavors within, the family farm. It incorporates reasonable and orderly residential development on the parts of the land least suited to agricultural uses. Identify Results http.//maps.merrick.com/Website/Weld/setSgl.asp'cmd=getparcel&acct-131 13300 Parcel Summary Parcel#: 131133000046 Owner: WILSON RICHARD L Address: 6767 WELD CO RD 19 City: FORT LUPTON State: CO Zip Code:80621 Other Accounts on this Parcel Account Type # of Account's Mineral 1 Detail Information: LAND BUILDING PROPERTY PROFILE BUFFER PARCEL Tax Summary Account# R8054699 Total Taxes: $68.28 Amount Due: $68.28 Mill Levy: 66.939 Tax Year: 2001 Current taxes and mill levy are year 2001 which are payable in 2002.Tax deadline for the full payment is April 30. Payment after this date will incur interest. Treasurer's Office I of 1 02/21/2002 3:24 • REFERRAL LIST • NAME: Richard and Elizabeth Wilson CASE NUMBER: RE-2425 REFERRALS SENT: February 2, 1999 REFERRALS TO BE RECEIVED BY: February 23, 1999 COUNTY TOWNS and CITIES Attorney Ault _X Health Department Brighton Extension Service Broomfield Emergency Management Office _X_Dacono Sheriffs Office Eaton Public Works:_X_Don Carroll_X Ron Broda Erie _Housing Authority Evans Airport Authority _X Firestone Building Inspection Fort Lupton _X 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: LaSalle West of 1-25(Loveland) Lochbuie East of I-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 _X Fort Lupton F-5 Severance Galeton F-6 Thornton Hudson F-7 _Windsor Johnstown F-8 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. Greeley _X Public Svc. _X Longmont _X School District RE-8 _West Adams Ginny Shaw(MUD) _X Ditch Company Stanley Lateral/Bull Canal COMMISSION/BOARD MEMBER •• RECEIVED 6 :- FEB 0 3 1999 titi WELD COUNTY PUBLIC WORKS DEPT Weld County Referral O "eld bounty Planning Dept. February 2, 1999 COLORADO• FEB 15 1999 The Weld County Department of Planr it ECE IaVeEiD the following item for review: Applicant Richard and Elizabeth Case Number RE-2425 Wilson Please Reply By February 23, 1999 Planner Scott Ballstadt Project Recorded Exemption on 88 acres used in conjunction with SE-757 Legal Part of the N2 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to WCR 19 and south of and adjacent to WCR 16 Parcel Number 1311 33 000036 • 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 ❑ We have reviewed the request and find no conflicts with our interests. 4, See attached letter. • Comments: Signature lj (WW_ ,O n� 0 Agency l� 6Q�] � e - cl` CiQi Date t•Weld County Planning Dept. +1400 N. 17th Ave.Greeley,CO. 80631 •?(970)353-6100 ext.3540 O(970)352-6312 fax flicto MEMORANDUM C TO: Scott Ballstadt, Planner DATE: February 9, 1999 • .11flipFROM: Donald Carroll, Engineering Administrator Fg" v COLORADO SUBJECT: RE-2425; Richard and Elizabeth Wilson The Weld County Public Works Department has reviewed this proposal; the following requirements an recommended to be a party of any approval: COMMENTS: WCR 19 is designated on the Transportation Plan Map as a collector status road which requires 80 feet of right-of- way at full build out. There is presently 60 feet of right-of-way. This road is maintained by Weld County. 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. REQUIRES. The applicant shall utilize the existing access to this parcel as no additional accesses shall be granted. (Lots A & B) Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation. No additional accesses shall be granted. (Lot C) 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. cc: RE-2425 plan14 Weld County Planning Dept. FEB 15 1999 RECEIVED WELD COUNTY ROADACCESS INFORMATION SHEET Weld County Public Works Department 933 North 11th Avenue, P.O. Box 758, Greeley, Colorado Phone: (970)358-4000. Ext 3750 1. Applicant Name 1//z -," /.J,/s..., phone 303- ‘..5 .S- 0 7 c Address /. 77I G✓G,L , 9 City Ft -4,-y.-- State to Zip rocz/ 2. Address or location of access Aft 7 --Qt."-, Z7S ,✓a/ ‘444.4,; aj-e-A, >/-,-,-t4, .-a � a ' Section 33 Township d.✓ Range / 7 Subdivision ,r//A Block Lot Weld County Road* / 9 Site of Road vi N S E orb Distance from&number of intersecting road 8 /c h u/ a- „..7 I<a o-,-,/ to t S.4,4.-, Lye-A-e2, /OwI 3. Is there an existing access to the property? Yes No *of accesses 4. Site Sketch: "' / F �e �_ s �A J IC \ \ CJG c � E El/sfi Wet /lJ /� �teE.Sc 7r---, / 1 , w, / �J / r°/ ° fc.0/ 5. Proposed use: / 200 }C Permanent x ResidentiavAgricultural _ Industrial �/�GC / _ Temporary _ Commercial Subdivision _ Other .-n'E / 7 OFFICE USE ONLY 3 , Road 19 ADT 874 Date 19 quoa " Accidents Date Road Ito ADT Ili I Date 19 9(1 Accidents Date a..)So Drainage Requirement Culvert Stze Length Other Comments: ba _ / r (pJ�' a-d s _ Installation authorized _ Information Insufficient n i Special Conditions AU A(LE 4 in S TM)(4 ' A/O /TLcMJ ic, Reviewed by: Title: 11 I Ill WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department 933 North 11th Avenue, P.O. Box 758, Greeley, Colorado Phone: (970)358-4000, Ext 3750 1. App5cant Name Litz‘.-4--/-k, /J,/so r, phone 3O3- GSS- 0 7 c Address 4 7O T G✓e t- , 9 CRY ft /rte,-- State C. Tip �Ol.zi 2. Address or location of access /it 1 ` 24Ite Z1� Al cs ,/ ,1, -A5 Ci-44 )Zan '6 0 ' /v Section 33 Township f d mi Range G " 'J Subdivision Al/r9 Block Lot Weld County Road 0 / 9 Side of Road '-✓ N S E oCW) Distance from&number of intersecting road 3 /s/a'� arc-e.�4/ J<a oO-..-22b k-, s.J. L,-,......:.; .10.., 3. Is there an existing access to the property? Yes No S of accesses 4. Site Sketch: — _ w,\s' - - '. ' e �` ` ��• �C . � `� S �7►t 1 �_' ,t,_ \ �,�\ UG �'� E'l/S/ in l` ncefssX 7 U — z. /a 6 O i O6( �e .2) /foib/�e j�-�1 5. Proposed use: '"v.',i/ / 20G X Permanent x ResidenfiavAgricultural _ Industrial ' g-J w e-Z _ Temporary _ Commercial _ Subdivision _ Other / _3jrn,e / 2 OFFICE USE ONLY //o/ iv'i'/' Road ADT Date Accidents Date 0 Road ADT Date Accidents Date atiL Drainage Requirement CUNert Size Length Other Comments: lir .0-0/_.S _ Installation authorized _ Information Insufficient tryri. /y Special Conditions Reviewed by: Title: 11 :4;" a • MEMORANDUM TO: S< ott Ballstadt DQTE:February 11, 1999 Yll, FROM: Sheble McConnellogue, Health Department COLORADO SUBJECT: Wilson, Richard & Elizabeth CASE: RE - 2425 Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed home septic system(s)and shall be installed according to the Weld County Individual Sewage Disposal Regulations. sm/264 Weld County Planning Dept. FEB 15 1999 RECEIVED • • rite ' Weld County Referral D�• February 2, 1999 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Richard and Elizabeth Case Number RE-2425 Wilson Please Reply By February 23, 1999 Planner Scott Ballstadt Project Recorded Exemption on 88 acres used in conjunction with SE-757 Legal Part of the N2 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to WCR 19 and south of and adjacent to WCR 16 Parcel Number 1311 33 000036 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 ❑ We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature Plb>airr..... zailLS-e_ c9 i Agency 4C-en WS Date :•Weld County Planning Dept. •?1400 N. 17th Ave.Greeley,CO. 80631 •:(970)353-6100 ext.3540 4(970)352-6312 fax reOr0 IWO Weld County Planning Dept. FEB 2 3 199Weld County Referral o RECEIVED February 2, 1999 • COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Richard and Elizabeth Case Number RE-2425 'Mlsor Please Reply By February 23, 1999 Planner Scott Ballstadt Project Recorded Exemption on 88 acres used in conjunction with SE-757 Legal Part of the N2 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to WCR 19 and south of and adjacent to WCR 16 Parcel Number 1311 33 000036 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 ne have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: Signature S,.` Z -/7--77 Agency [[ S. ,'C � Date :•Weld County P nning Dept. :•1400 N. 17th Ave. Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)352-6312 fax • • Weld County Planning Dad County Referral C. FEB 10 1999 February 2, 1999 COLORADO RECEIVED The Weld County Department of Planning Services has received the following item for review: Applicant Richard and Elizabeth Case Number RE-2425 Wilson Please Reply By February 23, 1999 Planner Scott Ballstadt Project Recorded Exemption on 88 acres used in conjunction with SE-757 Legal Part of the N2 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to WCR 19 and south of and adjacent to WCR 16 Parcel Number 1311 33 000036 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 C We have reviewed the request and find no conflicts with our interests. o See attached letter. Comments: • Signature r-9 , S 79- Agency J` . o ,co,) A-7-.65 o7` Date +Weld County Planning Dept. +1400 N. 17th Ave.Greeley,CO.80631 4(970)353-6100 ext.3540 +(970)352-6312 fax FEB-05-99 FRI 09:20 AM . FAX NO. • P. 01 • S Y ' . Ii 1t1- 6 if it, Weld County Planning Dept. 11:3 FEB 051939 We/d. County Referral CRECEIVED February 2, 1999 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Richard and Elizabeth Case Number RE-2425 Vt5!son Please Reply Sy February 23, 1999 Planner Scott Ballstadt Project Recorded Exemption on 88 acres used in conjunction with SE-757 • Legal Part of the N2 of Section 33,T2N, R67W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to WCR 19 and south of and adjacent to WCR 16 Parcel Number 1311 33 000036 _,.,,,,,, _ _ ____ 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 U We have reviewed the request and find no conflicts with our interests. U See attached letter . . Comments: ,2- r- -A -17U7 A — 7JtiL -E O. w 124, c ono.,- 4 c... .a,v.�&Pa ao-s j4 w.t-O4 - 4 - v. }j' eNAM. J vu\ 1'3- CU-,as ae,.M Crui ej..lhe e... ) 5 ha clAks e)% Signature G � '� y,y�tu1 �tv„. `Mi �- r.� -.r C� r `e\ Agency ctQtec (059--73-73 Date *Weld County Planning Dept, 61400 N. 17th Ave.Greeley,CO.5063 i e(970)353-6100 ext.3540 +(970)352-5312 fax 02/05/99 09:21 TX/RX N0.4417 P.001 ' --175-71.0,99 09:46 CITY• DRCONO -* 19703526312 NO.037 D0 „� •� _ _ Yti sic „ T - r . - ..l • Weld Count y Referral 1111 e February 2, 1999 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Richard and Elizabeth Case Number RE-2425 VWson Please Reply By February 23. 1999 Planner Scott Rallstadt Project Recorded Exemption on 88 acres used in conjunction with SE-757 Legal Part of the N2 of Section 33. T2N, R87W of the 6th P.M., Weld County. Colorado. Location West of and adjacent to WCR 19 and south of and adjacent to WCR 16 Parcel Number 1311 33 000036 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. 23 We have reviewed the request and find that it awe/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: Signature t:troreS/J Agency �C��� Date *Weld County Planning Dept. 01400 N. 17th .Greeley.CO.80631 0(970)353-6100 ext.3540 0(970)352-6312 fax • 02/18/99 08:57 TX/RX NO.4557 P.002 • '9O Cii v._k CY\ Q . `r .► 2.-1 a/ old I pa Lim 1 . U .A.14 rril. C 0,.5 `-T\s -Qiau - yito,_x al ac . LLXL? Oil . 1 J J i . • = 4art: - ,L Irv_ _:.)...., I' I I\ . - • * 1 i l* *— . •i r• r ` ` sil . _ . {` _ -.�-*--...�4e► / •'l R 0 ' I in 1 L ti . l _ WCR 14 _ _ - IA Owner : Richard L. Wilson Parcel #: 1311 33 000046 Address : 6767 Weld County Road 19 CID Fort Lupton , CO 80621 Within GHDP Area II _AI '4- 1 sa, N r1p CC hniF:' I 'Di EN. ),j, 1 4 . , s_ nbAz r-{9 1 ir 1 r I— c, .I I ici -,, i,- I c--) 161 aaM N . I co 'i". ro Icg kil ‘-:N I eN rn I k) m I 'Zi I CsSy\ Ell I 17NNI 1 I tVj 14:4O � N �n I ro i •44rL •••CF4 .s.._ • :\ ' . 4%4f / j l 2 .. - .- ' Y� , • . fi .: • .�.T --- - • , , .....-- - .. r ` VP • t -. .. 0. .. _ +� r yL 1,•11 IY:¢'• • I.• Y ri , • 4. rA i4:1:41/4 ---- a t IS IY ' • � , lei r'�tyr'� l , .. -.ey I r r . _ } • Y 4 , - .....0: , . 1 ata,, . "It- :If 4 4ki i ... -r . -1. 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Pte- / 'y rri Jr) 76 .....e.;j }" 1 --% # N:Silli sP r 1 aa 'al e"-_,11d R f i ,i i \,--- \ (9t< III n c5 4`. / fYo% a a b, V ec ri jj@i 'r, 4 +J li "2 A rg$ub�' 'a§.3 u avoa _-: I I .wr)OO arty i - --- 0 al • • yr-v:01 CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO • DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD The Security Title Guaranty 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: Part of the North Half of Section 33, Township 2 North, Range 67 West of the 6th P.M. , County of Weld, State of Colorado CONVEYANCES (if none appear, so state): Reception No. 24716701 Y ,Book 1527 Reception No. 1512809tlltt%YY7f/ ,Book 591 Reception No. 1512808 V ,Book 591 Reception No. 1512807 ,Book 591 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 Security Title Guaranty COMPANY, is hereby limited to the fee paid for this Certificate. In Wtness Whereof, Security Title Guaranty COMPANY, has caused this certificate to be signed by Its proper officer thls 14th day of January , 19 99 , at H:00 a.m.. SECURITY TITLE GUARANTY CO. 1100 10th St.,#302 Greeley,CO 80631 Company By. Autho Sign M E i� • %%ARRANT% new • 5 1wlalttaw %Mill 11fMAl. Maa ion eth ahq.4 Jan4aay in a• ) kManel Nueit• ram, Inv.. a Colorant. . nrr.rar%..neke r aagik •_prawn.Set.*sound ad nl. ft wain and ky How.4 the W.ea.1 waetad Vol eta w.to .d,h, tanrat.al Rh• haa•1 I.. Zit Malawi and Rllaatieth A. Wilson whoa lord Naha t. •707 Meld enmity Rnwd 19. Fort Lupton. Colorado R0421 of the County of Weld .end Saute of Co lot ado ,of the aroma pro: WITNiSSETH.Tha the sad party ot dw lad pat ha ind in(it:M..10'41On km!Ihe%cu.i.1 THRFF HUNDRED F1F`I'Y ';H:USAND AND NO/10U ._. _. C..5. -. lK1II.ARS•I$ISO.000.00 1 Id 0 in hand paid by the said parhea of the second part,the uccgt n htsc.J :.hetchv cnnles,:tl sad atkwoakdynl.hag stunted, 9 hag•ined,old and conveyed.and by they pro am d4.pooh bargain.tell,ovary.end undiun,unto II4 wtl pgbs u(114 �` nand pM1 n4 in mangy in nanw,a bat to joint away.the suenvo el arm.their anpna and the helve and aatga nl nwh .arias tinter,all the following clicked halal,pateN.h•f land..dune.NMp ad hewn en the Coun Ly of Weld ,zed State of Colorado.to wit• •`I See Exhibit "A" 2471670 8-1527 P-268 01/12/96 03:OOP PG 1 OF 2 MC DOC weld County CO Clerk R Recorder 11,00 35.00 im} 0— also known byaacc,antinw,.i,a o-:.-- ... ., •a .'.. ... _. .C:- . F r.I, .-i.4n Rtlflll C- C.-C‘ TOCEf1IER with all and tenpin the hertth .cnt.and:1;Nn.a.:c.ihctmes•ht-np'.g..n u,aiytt me yy rub,:ng.and ^-) ill:rrvsn d ino r :e..ev n .!!•,rowaj r and:an on wl•.a ., ho.,e, c that,;ry.'t.n at,.1.and all the e•le.lc t'.irhL tide.hnrt. c6 an un d aground abw.bcer.•l the od rrtr•4 the lal pal conk, a..•w.1.err....!.roe a n t .the.hnr lvrpa.al ryomr... y r I with eke heral•awaain and atnvknna. - I Tf)HOTAf,T)TO HOLD the%aid reaa.wet ro•r'...t.c•..Ir:J d:•vr4J 9 e nu-arr.ylrna.:c.-Mho U•vu .:•. the w pal.the e.teen a,et'ha thee a pt.aaf the hca..rd anon of,o.L sir.on I,rrver And the wad the::ratty.4 the it ^ri ha Nei!-ad as iKI:t.,.ca wad...ca.d...aneoa4 recd.Sena..:a l agree 1.,arJ w.th the wJ Iaal a of the.n.wt Net the"wawa of Them.Nea e.aen ad the hies.ad a vge.tee sat aww nw.dot a the ma of Je eweala;ad,kbeery $3 of throe gonna.it it well wind.4 tae gee...n aki.r..w..)%d,...4 a p..t war.le.h.I.14...4.4.at u.L a•_•d•i.4'c.4 NI anblt a law.a a fee wick. l ha gadright.ME porn ad kneed (d anamy en .apt.eel and.'...n the Jae in L maa _ maane ad fans.area{al the a.awe w hay al a kw it-- a hra'a and•-0n wab.Fria.,oak+,fl laaa- 1.O awmwslw sonsabrannes mad rerraaaers.of winner►id,r Barr w w. ~rim far taret foe the carve,I-'r.•'kit at al yet aw sad ppsmy.F4.a—crag. reawt..ha..even melees nernar6 wad rh4.►a ... ..5 wand.Rena Res.raing ....W.f. ripeintg toeLe•yroe 15111\0 r gter fof awl dartnt Frank .I. Stich la and Edith C Su.�ia• �Inrat iiveF SO of ill I for w yew 1 T `10 . eoyel}S • • 4 in Bap +•..plea• l a. tiro Alan4t e t loo o t LL Le t t o [arncti-ista ii e"a"a.».lreawa pTsrfa o 4.. .x-, iQ rah !� ..acl t aNd .t.. - ••i rd t o •n Teaf ea enatB eat Sur M.sal nape l.af a-n r,"tang•ll y weer.M.•••••raw.1aa1.Rr.lmra n b that the "►y.e n.M Oeaa%4..hi at v i WAICRANT APO%HIM.VFR Ili-If-MI The.agar_aas4er IS A ia:lak the plonk Sr terra Si. a...;... a;rte •..a.4 ac,nosh:Jail h zl4wahle 1 ai,poke.. IN WhIN \.plfl.RE M.the eaa)Tarn et the tare pat Ito.acted et.-.Thew .aa:t.he ♦-reenw. era curet at ,•, ..President - wed a...n1-.a'tea a•h. tan,.,.- ."..,.L alkali h a. k.Ile 04 4f Ra feu aeuw anon %YUU r:411'Te2r,r . .. . I •CI-r. �y��+.�),{p► I i Lrrf' 1yal..rCi %w,C h ..c.%raga• • . .ia,.'4. -,': t Fria. J. onef.la. fres{:ion., ' '.if: C. irrk:.,. Srrietnre .,, f Coatist9t• A:'.11C, 11.afloat same=was at»kdg%d oche•at a. •r n a..- �-. .sae .I.9... .F. rtan► .1. Santa as rgo fagot and Editl. C. aaa.k I.a a• -resit:at, u: Swa\L tem. 1. _J.u... A Q•Icrado CorptIatloa W a l.iawu we a. 1. ��t (1/kL .c � 1 Al %r+a. . -- y J• ,I • • . 2471610 8-1527 P-268 0/12/96 03:08p lxl 2 3P 2 • Exhibit "A" the it,. :i] yi t•ert inn 1t 7.,wnnl.i1, ] Not lh, n.nngu en Weal al the ' - Oth Y.N. except the Not t It 180• mat •ACept the We.i 180• end •tl.n enoept pall nt the Nutthwunl Qu..t ter (Nall/4) or rest tan '1, Tnwnehlp !I North. nary. (.1 Wert .•1 Lite ',Lft t .el.. Vaunt .•L Weld. Slate of Cu tyt ttU ., bring street (tied arty Beginning at the W1/4 Corner or said Section 33: there - North 89'23'05' Emil on an anaumed bearing along the East-Wert centerline of raid section .J. a dietan • of 180.01 feet to the True Point of Beginning: thence North 00'00.00' East parallel tr the West line of said Nnrthwent Quarter of Suction 33 anti along the East E.O.W. Line of a t80.tin foot R.Q.W. tort Pub_ir neivic.• .on;,may. •t distance of 15011.00 feet: thence North 89'2.1'45• East parallel with and Cast-West Centerline of Section 11, a d;'stand o: AP-.00 test; thence Stnlllt 3S'41'19' East, a distance ef 1416.40 feet: ther:e South 00'00'00' Wear rarallel with paid west line of the Northwest !;a .,f section 33, a dietaun.. of 299.86 feet to • point on aa:d Fast-West Centerl:ne of Section 11: thence South •9'23'45' West along said Cast-west Centerlia- ••t :-ectl[•n 31, a dietanve of 1700.00 feet to the True Point of Beginninq. County of Weld. Slate of Colorado Together with the lollnwine Water [rehtw; . Central Weld Count, Water Merrier water raps and 7 shale. of Stan$. un Water and all water, w;rt tight., dii O1. dit.h sight*. nein&. •print rlttt it. storage !lehrs. wit peen Le. inane-n.7. and rescreolr right, appurtenant to the atsnre- descrlhe.1 real property. 'f - %to. li EfiCV141El *ID aZ �i TS + I • k L1 ..i$It IEDLKSULE made this j sday•of January, 1968, by and k_ , I o,between filiabeth T.•, olnogtrSx of the Ltafe of Irving T. �, Ludlow, also known a/ ,Irving Ludlow and.,es I. T. Ludlow, deceased, OGrantor, and.Surkla Lhtes, Inc., a corporation organised and existing t undei and by virtue of the laws of the State of Colorado, Grantee: ,'rn. WITNESSSTH THAT, WEElEAS, Crantor'Ss..the.aaalifled Executrix z ,"', under the Last Will and Testament of the abode-namld decedent, which. «was admitted to probate on January 30, 1967, by the.District.Court r !, 'win and for the County of Boulder, State of.Coloradc..Earatedo. 11374; M� • ..).-,:' . : o Wl 2A3, Article Four of said Last Will and Testa ant o provide. in pert as follows: � ARTICLE TgUq , r CingI,hereby .meats, oonstitute.aud.appoint ey.wife, Rlisab�th F..•lu¢low,.ea.Zxecutri: of this,.ay.l.ast Vill..aod_TUGpent. in tM,fvat of hes failure, refusal or inability:to perforce. I nominate, constitute and appoint The Longmont National Sank, Lengap.R,, Colorado, to serve Li.her-stead. No party.named berets .pall be required.to furnish bond to secure the I faithful, performance-of her or }ts .duties its such legal representative. il * * * I I further expreso}y direct that mylegal representative shall have the same powers as have been granted to the Trustees under the terms and provisions of the' IRVDC T. 1.001411 TRUST. Such powers shall be ex•rciaable ,►y ay legal representative without the necessity of application to the Court. I t t t I AND Article Eight (Genera Powers and Duties of the Trustees) of the • Irving T. Ludlow Trust dated November 19, 1962, as amended by first Amendment to Declaration of•Trust of Irving 7. Ludlow dated October 13, 1964, provides in part as folldwst ARTICLE EIGHT I oust POWERS AND DUTIES OF THE TRUSTEES To the extent the alms do not conflict with the General Instructions and Liceitation detailed in Article Seven, cep Trustees shall possess as to the trust estates created or provided for by this trust the following additional powers and.duties: T Section D-1. To take full charge and control of the 4 y property of the trust estates; to possess, menage, control, pcsiii it moll, transfer, assign, grant, convey, exchange, lease, rent, 3O0,$- „v • • 1 a, • . u yi if 1 4. .� 1 . 7 1+512809 option, abandon, mortgage, plop, or otherwiseor ir disp�oasee .�� «4•oSAll;et;.cf .prppatf,of.-the,trun s.� atn, if """.A, PeAh to `'gin'gin:ICI Of Fq,eubuitittiA thnefor, , ` i6/ /u� ` '�r 1wcDri�FpbeP o2.... - p •a tit iGeitloe red for 'aoeb pitied, i+7+gf}t!r of the life or duration of the trust, as they, . for Vit.bpKdiartrin of the.:Mtn-!etnikeScpaI. toiorc!•4orleAsevea¢,�dpli er„is Fhi4' f „mina !1' oft iiusRate.,nraiBir .,. Pr, *Cu):-6m�a+C.FR a . DTwerty,all;vl, theiPpowsts-that. atura; P gene eight extcise in relation thereto if it weri their own. NOV, TI:iUORE, pursuant to the power contained in said Will, and for ts-valPsblet,ogruideratiop,:receipt of which is hereby acknowledged, tbe..n auor,Acpiheyeby,se).1 ppd.oon ey,uato.the,,Oraates,)xh}* /err, Iegyeiti spaeas•egetad„Mslns;forever, subtly;«$ ,.,,Buie, . rifest inA eirat ?.fzais+ 0..,.11o..lmofiq es-nh. s liStr in and to the fog ' as if acid or eal estate h h� d:iron is btlae, in the County of Veld State Of Colorado, to-wit:e, lying and being • la•. t1L4 d ose-fourth (1/4) interest in,and.to: ;,. The l0rtk,ililf.(s) ,of„Eectioo Thirty thin, (33)' ' Y, is; ;,ahlhlMo,( .,.Mptth.,,.taPf�,Bicty-iaieh (67j Hest of the 6th P.M., together with all ditch and . .,.k "''� water Tights lih appertaining to said premises; except ;;{ all-IWsamts, encumbrances and rights-of-may of record' sad,yooapt for that certain parcel oouseyad :,?.,-,s,..,..,„ 1 to Tub 1c, Eeron.CarPW:pf ColoradEb741k6!4 ssppordad October:It,. 196i, aegeption.Eo. 1494I79O94,- (c.,.374. i ,ZO.EAYE 4G0.10 EO1D TEE 8Ah1,..with all the-fippnr ep°na 4t thereinto btlost!PS..:gr ie agpris. apflrts$ntnE and bshpgf,lof the,ssid•Gra tee, its succeSson �an ba uwar, benefit •,...-. ' r except eaaenenta and rights-of-way of record; and except all ginnrral • .e_ taxes and assessments for 3961 p4 able J 1 1969• and except mineral reservation in MBA Deed recordodnay 13, 119 , in Book 97 at Page 490. IN RITNISl 1007407, the said Grantor, as Executrix of said Eatate as aforesaid, has hereunto set her hand and seal the day and ., year first hereinabove yritten. _ o , �13 lebath T.. was. sctautrii , • of the Estate of.Irving T. Ludlow, also known as Irving.Ludlow end as I. T. Ludlw,..deceued. PTAS or COIOSADO 3 as. CITT.^AEO CC=,OP, - .0 ) • • QiQ ' foregoing instrument was acknowledged before as this dog ! • , 1968, by Elisabeth T. L*qw as Executrix of the T. Ludlow, also town'as Irving tidlw and as e deeeaed. 1:k.rne0a lr intend and o3tio 1 seal' .l . . �< �• Notart'Public • i / : l •if ���- �. 44 ---- L_ 1 7 tee arena 4 '11 ti I T1 na lido 4h 7 1P " &t w Jades .aatrAnr. uN olio.. et L. Griffith,. 1�ly,j E . 'i' o. s i(da 1 ramclb OcLff;th God as Jd&)wanes, �aa • - An ' slImmafeac ai.,t a ma i..1 a luck)* lamas, Ur.: `; - I. r „wa •6141•C oar�J t✓*w. h.Y flame w t C lame . Colorado. ('.off •6141•Co• M t W am*}ae i t. M 'rtel,'ht W aYa.M tea OM soot W ..1 Y Trion. t ea st OTNoI 0000 At VALOAZLI CONSIDIRATION At TIN (810.00) D0LL&U o ., to ae old poly t a Or moat loll 4 a sY tar t a a,et 42 booties elk c Y C W t.Y—t r_wrrM Y ~r.r�iiW W Pr►,(W nnM wt.Y nw�.m1.,,V.,sob ben*tototel tee teloodebel.be• petit bersen•sell set eeneel,me kr Sr nee`awr` o.rr t aid t�Sate 44 r1 WOW W r AO t Oaw.de a war OP An undivided one-half /1 2 ( ) interest in and to: the North Ralf (N}) of Section Thirty-three (33) in JC, Township Two (2), North, Rang. Sixty-seven (67) West of the 6th P.M., together with all ditch and water rights appertaining to said premises; escape all easements, encumbrances and rights-of-way of i i record; dad except for that curtain parcel conveyed to Public Service Company of Colorado by Deed recorded October 24, 1966, Reception it. 1496279, Book No. 574£ and t mineral narration in COAR Dad recorded May 1 1891, in Book 97 at Page 490. tocslpa*Oar Tai W lellemsi r...sa.._..arsi MseaK a s sorbs elenbir.r W ma ks r amnia,dowdy_r MSS;IN*la r a.0a aorta r.a •u .•otebe la lay s. dam r bond visise t Si all may t W Or rakes et Oa la.amW .aO F era W`—_- motors Paw.t.k s Its Val Alfa TO Asti W sell a_L.r..e aerw r iremr4 Olk W ono Ow r SSa pall t W aaet s..4 r sea r male.knee..AM W ail easy et aasas en he her r SA oaf , her et ala amera a apes .••door la .Mealsae..s r WO aar t..r4 she was era edged el al rases.aid S.are.a... r W W.t a. os.m k Ian t = . _' �..rttt-L .LLee,ahe simple owl Boa ��•MPt to)wa�1 Yoieel imineep rala► a arA 4sq.a..rrwwO a.ea la sr r Ma-t urhas W sr—ar.r as loo .a kart rr4 aria,a.. raa.a.rra ...e i st Tae Except for all general tans and assessments Tor ins ppayapie January 1, 1969; and Incept for all wants and rights-of-way of record. a a..a a•y+..s+u.Protel w sky omises la a.seal*MAY.rrn t fee all oat t W 86“.4*El S ern at a Far+.lily debar a a it as aals or ar pot rated.W sr ley pity as pad Oa r em w.aa aJIT AND atam.p ai7gA Et winiaas wQmaa,7f.SI..My t the an...1 as rms.r W a W Si r roe do r...ed , /7r air Moot war W S aone a W Tar.t as— /:nG(yaa C ant a a. T. I _.-.. Ida maces Mad arATe OP Ci0LoaAD4 CIT► 6 olimw t DENVER • ter fangel's I rflic! laissgewrar*ken w.We 11711 W t January u 68 .4 Pram L...Oe 8th, formerly known as Ida Prances Griffith and as Ida Ks Qua do` writ= '47 J r writ=./{W u u a . .�'.' ff my Conroluim em a Need 6, 1961 "^ INa la woman aw,.-.tee aaaaraa I .ra111 e ..wr owe aaaew 7 1 I a o _...� . . .. . _,Illipllillp aoP • fie+ j� '+•��'y��,i.� .�.. �:4'.- u�? • + °, -+ 501 ... N.w,___ _ ' '•' t u4.-IL: c ±.o+ -H1 .y • . , ' .r I :sop r .,ii a _' lit ;r Jaw? .. •< Y soya ieI ' ; C� -* , i annul kit Ai�7•sight-(2�j � S , I I ,. ►r w � LOS IATIOIML. •ii hationa s •, � M 9offotlpp of ost ':0olorMo p. M" • Ittpp�� I wa.-tt j(pr all paraaMtnkltai°I` ' . L. s corpora orgenis�d INCINC r . M.,a . tlrtog'ot,4'•: law of •61M ' h o= 7 +1 :I tfo2{fkado t d-w Wrtrie�1't MS Ile sole!emiT K s eat part,layat la sarltaarla•W t ogle a[JJ ,' other 04 and ,aluabla consideration and TIN ($10.00)' YYD.9�.' ' aW.4 piety tWOrs p.4Y tM14lv W .Y pet les...s Mar p wanton M..t k baggy.eh.t at.bsttd/sa Y e pad, St at song.♦ • ' sat by lbw raft fliseg . aw1.lP1•. a saw at s II s.O . W Sidi way o " the mad pet, it 7 Wda ead a Mn,an the Ydarned let d a pad' al Start OAS to at C An undivided one-fourth (1/4) interest in and Co: The North golf (N%) of Section Thirty-three (33) in Township Two (2), North, Range Sixty-seven (47) West of the 6th P.M. together with all ditch and u water rights appertaining to ;ti.d'pr�aw; exempt all encumbrancesaa , eoclabra.a and rights-of-way of record; and except for that certain parcel conveyed • U. Pub lic blic Service Company of Colorado by bead recorded October 24, 1966, Reception 10 1496279, Book No. 174; end except mineral reservation in DPRS Deed May recorded M 15, 1891, in Book 97'at Page 490. o`• theta.with W m►en al es bevel ad rrs tM�r asear . 6isstam was k fI I' q sppe•Isl.s let the arseta at ar aard tareeledad s said meet ma , W pat their r y' t l at ell Si ale,SA MSS Sao IS dsm LJ ..a W as. _ at St p. t17 se 1(b. thee ale Y S.fir wit t,le ad or the etne Yaar.t penis alt W 6aedi t set ab.tows.i in Han at Ti Need W stew am prams st 1e.plsed at ithort,4'd'S es d±'..,. ._.re•ea•amete Buckle Tarn, Inc., e ',.,`'•,, the odd party tW.rwd stilts successo athe el Spa hen a lt.Ia Ttes Longmont National Bank, Trustee, uccN asp p.•7 t Wlt set,ter itself , its /e otn ars m • ✓ .st dm jV�p4 pea Sp sadepee le ad eW the wait party 1 t es 1 Naiad Ma its /auooe,BW W MAIM W thin beggigeggissIge Y W pad ad paas.Ne • pa.w{ee t al party] t the end pry its flat aadsR weal aII as ' - ..Y" every pan or pant .[a4)ala'laf as le i the anti a S la es pert Saes,by, d a emir, ,tYsa o al I . W.0 p rt7 t W tkrt pat le WAsutler MID POUT DsradD. • el w1TxaBR'ransom no ors pony t W Orr part bast sole its ee •`",°.F' . ad sod the they ad yogi est e as mgt a o I`t , ' -Daaae � TiR [mod -7111 6 By . d s Cashier t . s . MILLI • •jraal t n OP.OOLOssDO, Oros it Boulder 11ee tl A:'" r tar, link M t Juttary . ,Sq {• �...r as r• [ and. ., as r+ W • . npboC t ooa nk, a I11�ict/bat 8���./Rmllrgt ;'rY;. „8��G ' , • Jae lsta •n morpa to . p ,�,.H,�awn r,a•ra Y rw,� ar: 'I N.II emu warm ma rb-nanra...learn ale Noma lima eww sale • I a EASEMENT KNOW ALL MEN BY THESE PRESENTS: That, PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation, whose address is 1225 Seventeenth Street, Denver, Colorado 80202 (Grantor), for the sum of Five Hundred Dollars ($500.00) and other good and valuable consideration in hand paid, does hereby grant, bargain, sell and convey to Richard L. Wilson, whose address is 6767 WCR 19, Ft. Lupton, Colorado 80621, (Grantee), its successors and assigns, a non- exclusive easement to construct, maintain, alter, repair, replace, reconstruct, inspect, operate and remove a four (4) access roads, together with related appurtenances on, over, under and across the following described premises located in the County of Weld, State of Colorado, to wit: The North 180.00 feet of and the West 180.00 feet of the North 1/2 of Section 33, Township 2 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. Subject to existing county roads. This grant of easement is subject to the following conditions: 1 . The use of the premises shall be for above stated purposes only. No buildings, structures, signs or wells shall be erected, placed or permitted to remain on the premises. 2. Grantor reserves the right to place utility facilities in, under, over and across said Easement which do not interfere with Grantee's use of the premises. 3. Grantor shall, at all times, have the right of access by a reasonable route to the Easement and along and upon the same for the operation and maintenance of its utility facilities. 4. The easement herein granted is subject to the lien of Grantor's Indenture, and to its termination by the Indenture Trustee upon the occurrence of an event of default under the Indenture. 5. Grantee agrees, to the extent permitted by law, to save, indemnify and hold Grantor harmless from and against all claims and liability for damages, loss or expense caused by any injury or death to any person or damage to property if the same shall in any way be connected with or result of the exercise by Grantee of the rights granted herein, or the existence, operation, use or maintenance of the roadway herein permitted. 6. This Easement is issued subject to any prior licenses, easements, or leases granted by Grantor for facilities of other parties. 7. In case of the permanent abandonment of this Easement, all right, privilege and interest herein granted shall end, cease and terminate. 8. Grantee and its agents, employees, and contractors shall comply with all Federal, State and local hazardous materials laws including but not limited to the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Solid Waste Disposal Act and Sections 25-15-101 , et. seq., 25-16-101 , et. seq., 25-07-101 , et. seq., and 25-8-101 , et., seq. of the Colorado Revised Statutes. Grantee shall not use, generate, store or dispose of any hazardous substance on, under or about the premises except in full compliance with any applicable hazardous materials laws. If the presence of hazardous substances arises out of Grantee's use or occupancy of the premises, Grantee shall be responsible for all actions, legal or administrative proceedings, demands, claims, judgments, damages, penalties, fines, costs, liabilities, or expenses including, but not limited to personal injury, property damage, diminution in property values and remediation of contamination. 9. Each of the four new access roads is to be installed no closer than fifty (50) feet to any electric transmission tower. Written approval from PSCo is required prior to any removal or addition of soil along the ROW. EXECUTED this 15*day of iAY ,:79i PUBLIC SERVICE C MP NY OF COLORADO By: rB. ses Manager Sling&Land Rights,New Century SWIM Title: Vint for Public Senee Company of Cdoiado STATE OF COLORADO Iss. CITY AND COUNTY OF DENVER The foregoing i trument was acknowledged before me this/ day isty Awl , _L9R2 by yvefidcAs 6 rl'E.5 as 2 • .,, 77AR- A.v.e for Public Service Company of Colo d TIMOTHY it My Commission expiresYc0mmissionEttpireaMemh21,2001 : TON Witness my hand and official seal. �'.j'•.•�•••••• Q Notary P is • III ft &yi: y' DEPARTMENT OF HEALTH 1517 16 AVENUE COURT I GREELEY, COLORADO 80631 -) D . ,„.7,. :. O' LOAN APPROVAL ADMINISTRATION (970) 353-0586 y� HEALTH PROTECTION (970) 353-0635 n.":'9A' r'°>' o COMMUNITY HEALTH (970) 353-0639 COLORADO FAX (970)356-4966 CLOSING DATE: 12/15/95 REQUEST NO: 95-146/1723 FAX FEE ($2.00) : N/A DATE RECEIVED: 11/28/95 NEW LOAN FEE $90.00: 11/28/95 TO WHOM IT MAY CONCERN: Review and inspection report regarding water and the sewage disposal system for an existing dwelling: SEND TO: Greg Zadel REALTOR NO.:_'303) 833-3012 P.O. Box 90 OWNER NO. : P57-42.82 (A) PICK-UP: Firestone, Colorado 80520 OWNER NO_: (W) FAX TO: FAX NO. : (303) 833-3554 INFORMATION: Address: 6727 WCR 19, Fort Lupton, Colorado Age of Septic:_921 Legal: PT: NE4 PT: SEC: 33 TWN: 02 N RN'G: 57 W Subdivision: N/A LOT: BLK: FLG:_ Property Owner: Suckla Farms Original Owner: Same Tank Pumped on: 11/16/95 By: Carlson Sanitation Service Licensed: Yes PERMIT ON RECORD: Name: Suckla Farms Permit No. : G-959128 S.O.E. : '_-s Bathrooms: 1_ Bedrooms: 1 Total Acres: 240 Date of Final Inspection: F/3 Water Supply: Central Weld Well Permit No. : N/A 1 Tank Capacity: 1000 gallons Field Size: 800 Square feet I_________It INSPECTION FINDINGS: Date of Inspection: 12/04/95 Soil Conditions: Dry xxx Saturated Snow-covered Residence: Occupied xxx Vacant Sewage Disposal System: Satisfactory xxx Other Bacteriological Water Test: Acceptable xxx Other COPL`IENTS: None Applicable. f/�/� Li DATE: 12/07/95 SIGNATURE: ILK, )11A1 Environmental Protection Specialist 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 in connection with either its examination of the property or in the report. This inspection was conducted solely for the purpose of detecting health hazards observable at the time of inspection, and 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. Water sample reports reflect the bacteriological quality of the water supply at the time the sample was taken. 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. DEPARTMENT OF HEALTH 191517 16 AVENUE COURT IGREELEY,COLORADO 81331 �O LOAN APPROVAL ADMINISTRATION (970)353-0586 � COMMUNITY HEALTH (970)353-0639 COLORADO FAX (970)356-4966 CLOSING DATE: 12/15/95 REQUEST NO: 95-146/1724 FAX FEE ($2.00) : N/A DATE RECEIVED: 11/28/95 NEW LOAN FEE $90.00: 11/28/95 TO WHOM IT MAY CONCERN: Review and inspection report regarding water and the sewage disposal system for an existing dwelling: SEND TO: Greg zadel REALTOR NO. : (303) 833-3012 P.O. Box 90 OWNX11 NO.: 857-4282 (H) PICK-UP: Firestone, Colorado 80520 OWNER NO.: (W) FAX TO: FAX NO. : (303) 833-3054 INFORMATION: Address: 6747 WCR 19, Fort Lupton, Colorado Age of Septic: 1970 Legal: PT: NE4 PT: SEC: 33 TWN: 02. N RNG: 67 W Subdivision: N/A LOT: BLK: FLG: Property Owner: Suckla Farms Original Owner: Same Tank Pumped on: 11/16/95 By: Carlson Sanitation Service Licensed: Yes PERMIT ON RECORD: Name: Suckla Farms, Inc. Permit No. : G-700624 S.O.E. : No Bathrooms: 2 Bedrooms: 4 Total Acres: 24 Date of Final Inspection: 01/18/71 Water Supply: Central Weld Well Permit No. : N/A Tank Capacity: 1000 gallons Field Size: 660 Square feet INSPECTION FINDINGS: Date of Inspection: 12/04/95 Soil Conditions: Dry xxx Saturated Snow-covered Residence: Occupied xxx Vacant Sewage Disposal System: Satisfactory xxx Other Bacteriological Water Test: Acceptable xxx Other COMMENTS: Field extends north of fence line.h DATE: 12/07/95 _ SIGNATURE: CUM ;VILI v Environmental Protection Specialist 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 in connection with either its examination of the property or in the report. This inspection was conducted solely for the purpose of detecting health hazards observable at the time of inspection, and 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 saturetir.n may be of questionable value to potential buyers due to adverse conditions. Watec sample reports reflect the bacteriological quality of the water supply at the time the sample was taken. Evaluations based on Statements of Existing (S.0.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. • alf.#te., DEPARTMENT OF HEALTH 1517 16 AVENUE COURT WligGREELEY, COLORADO 80631 ® LOAN APPROVAL ADMINISTRATION (970)353-0585 HEALTH PROTECTION (970)353-0635 COLORADO• COMMUNITY HEALTH (970)353-0339 FAX (970)356-4966 CLOSING DATE: 12/15/95 REQUEST NO: 95-147/1725 FAX FEE ($2.00) : N/A DATE RECEIVED: 11/28/95 NEW LOAN FEE $90.00: 11/28/95 TO WHOM IT MAY CONCERN: Review and inspection report regarding water and the sewage disposal system for an existing dwelling: SEND TO: Greer Zadel REALTOR NO. : (303) 833-3012 P.O. Box 90 OWNER NO. : 857-4282 (H) PICK-UP: Firestone, Colorado 80520 OWNER NO. : (W) FAX TO: FAX NO. : (303) 833-3054 INFORMATION: Address: 6707 WCR 19, Fort Lupton, Colorado Age of Septic: 1921 Legal: PT: NE4 PT: SEC: 33 TWN: 02 N RNG: 67 W Subdivision: N/A LOT: BLK: FLG: Property Owner: Suckla Farms Original Owner: Same Tank Pumped on: 11/16/95 By: Carlson Sanitation Service Licensed: Yes . PERMIT ON RECORD: Name: Suckla Farms, Inc. Permit No. : G-959127 S.O.E. : Yes Bathrooms: 1 Bedrooms: 2 Total gores: 240 Date of Final Inspection: N/A - Water Supply: Central Weld Well Permit No. :_ N/A Tank Capacity: 500 gallons Field Size: 800 Square feet INSPECTION FINDINGS: Date of Inspection: 12/04/95 Soil Conditions: Dry xxx Saturated Snow-covered Residence: Occupied xxx Vacant Sewage Disposal System: Satisfactory Other See Comments Bacteriological Water Test: Acceptable xxx Other COMMENTS: The total tank capacity is 500 gallons undersized. The absorption field appears to be in the south drive area. The tank capacity must be increased to a total capacity of 1OOO gallons. A repair permit is required prior to any alterations to the system. Vehicular traffic may cause excellerated deterioration of the absorption field. DATE: 12/07/95 SIGNATURE:41 t-Ith )iVI AL Environmental Protection Specialist 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 in connection with either its examination of the property or in the report. This inspection was conducted solely for the purpose of detecting health hazards observable at the time of inspection, and 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. Water sample reports reflect the bacteriological quality of the water supply at the time the sample was taken. Evaluations based cn 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'. CIVas CENTRAL WELD COUNTY, WATER DISTRICT August 5, 1998 Richard L. &Elizabeth A. Wilson 6707 Weld Co. Rd. 19 Ft. Lupton, CO 80621 RE: Water Service Dear Mr. & Mrs. Wilson: This letter is in response to your request for water service to serve the following property described as follows: Part of NYz of Section 33, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado. Water service can be made available to the above described property. Submitted herewith is the cost for two (2) 5/8" Taps on Weld Co. Rd. 19 between 14 & 16. Tap fee -2-5/8" @$5,100.00 $10,200.00 Rebate 2 @ $2,000.00 4.000.00 TOTAL DUE $14,200.00 The above quoted fee is good thru August 24th, thereafter the Tap fee will increase by $2,000.00. Before proceeding with the meter sets, the above "Total Due" will have to be paid in advance, and the appropriate documentation completed for the application for water service. The District requires a 30 day notice for a tap installation. This property has been petitioned into Northern Colorado Water Conservancy District. If you have any questions regarding the above,please contact this office. Sincerely, CENTRAL WELD COUNTY WATER DISTRICT J W. Za / en�anager JWZ/ls , 2235 2nd Avenue • Greeley, Colorado 80631 • (970) 352-1284 • John W. Zadel, General Manager Hello