The URL can be used to link to this page

Browse Search

Home My WebLink About962475.tiff DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant Jake and Dorothy Altergott Case Number RE-1960 Legal Description E%, SW%and SE% of Section 22,T6N, R67W of the 6th P.M., Weld County, Colorado Parcel Identification Number 0807-22-000012 Larger Lot Size 216.2 acres more or less Smaller Lot Size 8.3 acres more or less Meets Criteria Criteria Checklist Yes No X 1. Conformance with the Weld County Comprehensive Plan and P any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3 Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 11.8 of the Weld County Subdivision Ordinance. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions 1. The Department of Planning Services has determined through the review,that the standards of Section 11.4.2.1 through 11.4.2.6 of the Weld County Subdivision Ordinance have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of the County. 2. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (ISDS) regulations. 3. Prior to recording the plat,the applicant shall: A. The Environmental Protection Services Division of the Weld County Health Department was unable to locate septic permits for the septic systems serving the three homes involved in this application. Any existing septiasystem(s)which is not currently permitted through the Weld County Health Department will require an I.S.D.S. Evaluation prior to the issuance of the required septic permit(s). In the event the system(s) is found to be inadequate,the system(s) must be brought into compliance with current I.S.D.S. regulations. B. The following note shall be placed on the plat: 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. C. The applicant shall submit evidence to the Department of Planning Services that two of the three homes on Lot A existed prior to zoning and have been continual habitable structures. The Department of Planning Services shall review the submitted information and determine if a non-conforming use file can be established for these uses. 96 071/75— • • D. The plat shall be amended to show a 30 foot right-of-way from the center line of Eastman Park Drive. The applicant shall also show an additional five feet reservation for future right-of-way from the existing 30 foot right-of-way. E. The plat shall be amended to show Lot A not including the water main line from the City of Greeley. 4. All access shall be clearly shown on the plat. 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. By I • LA Date December 20, 1996 Shani L. Eastin O 'Trent Planner • WELD COUNTY COLORADO . DEPARTMENT OF PLANNING SERVICES 1400 At 17TH AVENUEGREELEY,CO (970)353-6100 EXT.3540.FAX( FAX(970)352.6312 DATE 1 RECEIVE Al 1 RECEIPT N0: 0 0 5 7 4 NO. TYPE 4221-RE/SE 4221-ZPMH/MHZP/ZPAD FEES 4221•USA 4221-SITE PLAN REVIEW 4221-COZ 4221 POD 4221-SUBDIVISION 4221 BOA 4221-MINOR SUB 4221•FHDP/GHDp 4221-R ,T_ s56i-RECORDING FEE _ 4430-MAPS/PUBLICATIONS 4730-INVESTIGATION FEE 4430-POSTAGE/HANDLING 0 CASH CHECK NO• Z 03 .OO BY TOTAL WHITE-CUSTOMER C ARY-FINANCE COPY WELD COUNTY IRTMENT OF PLANNING SERVICES/BIDING INSPECTION CITIZEN INQUIRY FORM 1400 N. 17TH AVENUE, GREELEY, CO 80631 PHONE: (303) 353-6100 EXT. 3540 FAX: (303) 352-6312 TELEPHONE ❑ OFFICE FIRST INQUIRY? ❑ YESS 'NO DATE: / _ j c/ 1-1 NAME: L—/-(1-,At2L /S\-Lc_r\-e! PHONE: ADDRESS: TYPE OF INQUIRY: ❑ MHZP ❑ SKETCH PLAN ❑ MINOR SUB SKETCH PLAN ❑ ZPMH ❑ PRELIMINARY PLAN ❑ MINOR SUB FINAL PLAT ❑ RE ❑ FINAL PLAT ❑ ZONING ❑ AMENDED RE ❑ RESUBDIVISION ❑ ADDRESSING ❑ SE ❑ FHDP ❑ BUILDING PERMIT ❑ AMENDED SE ❑ GHDP ❑ SETBACKS/OFFSETS ❑ SITE PLAN REVIEW ❑ USR ❑ HOME OCCUPATION ❑ REZONING ❑ AMENDED USR ❑ VIOLATION ❑ PUD SKETCH PLAN ❑ USR MINING ❑ OTHER ❑ PUD DISTRICT ❑ USR MAJOR FACILITY ❑ ❑ PUD FINAL PLAT ❑ USR DISPOSAL SITE ❑ PERSONNEL ❑ Keith Schuett _.a-Shani Eastin ❑ Gloria Dunn ❑ Todd Hodges ❑ Sharon White ❑ Barry Kramer ❑ Jeff Reif ❑ Roger Vigil ❑ Dave Sprague ❑ Ken Schlueter ITEMS DISCUSSED: __,L-t"L__CLE &lit c't_ - &t', Aa_,/ } LF ,__IJA.C' fI 1/11.,(_2 — —IL Li ) j SLl L r� -I_11 rn . _2-r) cA C}9" A (t AJ —jI= -J9toO atict_Li' ,JVAI i"i ?, il"Qi n C,e�) cob ( `( V kb • l Sc4a(CX I r co _ _LS ,i6aA_L_l a u , Q D rain, . 1 .O k-e I (ct) ,_1'1 LIEU _CL.n C`--L-EL-1, ,(/‘ (Q-'LugcEF k o ICuL_-. �. O Li-ze--' rf , . .5±.021L- , a n tL L• cinf_i a _ILL) ya(a_c_tii • i r t t_ ya_`=1 C%r-`-4 , Eat_ \CPi 0.2- ttieC t__Litt L_ , a i i' t L 1Ac 1Ctt-The kDIc L/ I . Time Spent I C1O H c 0 Staff Memberslnitials - WELD COUNTY •RTMENT OF PLANNING SERVICES/BSNG INSPECTION CITIZEN INQUIRY FORM 1400 N. 17TH AVENUE, GREELEY, CO 80631 PHONE: (303) 353-6100 EXT. 3540 FAX: (303) 352-6312 LEPHONE ❑ OFFICE FIRST INQUIRY? ❑ YES C3-NO DATE: /- 3 -�/� NAME: / Lt /�l /� �-L L l- i� PHONE: ADDRESS: TYPE OF INQUIRY: ❑ MHZP ❑ SKETCH PLAN ❑ MINOR SUB SKETCH PLAN ❑�PMH ❑ PRELIMINARY PLAN ❑ MINOR SUB FINAL PLAT �t1' RE ❑ FINAL PLAT ❑ ZONING ❑ AME.NDED RE ❑ RESUBDIVISION ❑ ADDRESSING �i ❑ FHDP ❑ BUILDING PERMIT ❑ AMENDED SE ❑ GHDP ❑ SETBACKS/OFFSETS ❑ SITE PLAN REVIEW ❑ USR ❑ HOME OCCUPATION ❑ REZONING ❑ AMENDED USR ❑ VIOLATION ❑ PUD SKETCH PLAN ❑ USR MINING .J OTHER ❑ PUD DISTRICT ❑ USR MAJOR FACILITY G ❑ PUD FINAL PLAT ❑ USR DISPOSAi SI FE PERSONNEL ❑ Keith Schuetthani Eastin ❑ Okra Dunn ❑ Tcdd Hodges ❑ Sharon White ❑ Barry Kramer ❑ Jeff Reif ❑ Roger Vigil ❑ Dave Sprague ❑ Ken Schlueter ITEMS DISCUSSED: L .l , f 2.`!`-Z C__L ) / rC�it' L_C( G1 c/ tr-Nit en to , t - ) >U. ' / co- o rnC' 4-Lcs n_LI P 1rlcLCL-L%..%ai. 7/ / Adv.t i15` £ - JAc `-- k Cii1LLr t—r- is _Lt/ 4_. Lo-6 LL/es t1 L C�A_LLe U r1 ;tn (Li2±" 6riCL LLI rte" LC9— Sr �' ' �� irrO<-O- L2 , i--Y1 LC CrL'�?Q LC C / ? f ' J GtCIL i t /AO Ca Q 6 V ,iLCJL � 0 Time Spent 1C Ln Staff Members Initials <Y JAN-13-1997 0900 P.01 Po ax Note 7671 "m® f/1.7 I To x €�h r'{Ttrtimr rct x 4 t Co.11ept. � rMAU I-i D- c'.'P-' AO Pax F'�# MENT OF HEALTH Pax* �G�-ls�� Falk argil."(p cLJd'' 151716 AVENUE COURT i �rzrELEY,COLORADO 80631 1 ; ADMINISTRATION (970) s53-0586 V HEALTH PROTECTION (970)363-0635 COMMUNITY HEALTH (970)353-0639 COLOR R , TA I FAX (070)356-4966 January 13r 1997 97 II i i I Jacob and Dorothy Altergott 9535 WCR 6 Windsor, Colorado 80550 I RE: Jacob and Dorothy Altergott ISDS No. : 96-082 Permit: No. : SE-9600157 1 Dear Mr. ard Mrs. Altergott: I On January 7, 1997, an evaluation of the ex sting individual septic disposal system at 9535 1/2 weld County Road 66, Winds , Colorado; Section 22, Township 06 North, range 67 West, was conducted by Tro Swain. There is mot enough information available t determine if the septic system identified above is of sufficient size to act date the structures(e) served by this system. This Department recommends that the system be brought into compliance with current regulations. A repair ermit must be obtained and a site evaluation. must be conducted prior to any alt rations to the system. I The existiirg individual septic disposal system is of sufficient size and capacity to adequa€ely handle the proposed load. Th's evaluation is based on a final treatment rapacity for a 2 bedroom resi ce. Be advise , 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 pro rty or in the report. This insp ction was conducted for the purpose of determining compliance with current r lations and for detecting health zards observable at the time of inspection This does not constitute a warren y that the system is without flaw or that itiwill continue to function in the fu re. Inspections requested during periods ofi snow cover and high soil saturati may be of questionable value to potential buyers due to adverse conditions. luations based on Statements of Existing (S.o.E_) relies on information the ps perty owner provides, under oath, indicating current status of the system and representing to the best of his/her knowledge the system is not failing to function properly. If we can be of any further assistance. pleale contact our office at 353-0635. :-If/771-2:11r i cerely /1/ I c.," 7:91Altitt67 Troy was Environme tal Protection Specialist ! Wa1,.1 County Planning Dept. TS/rb-164 Enclosure (1) JAN 1 7 ' cc: Weld County Planning Department 01/13/97 08:53 TX/RX NO.6004 P.001 II JAN-13-1997 09:01 P.03 I • • 41441tQ I DEPARTMENT OF HEALTH 1517 16 AVENUE COURT GREELEY,COLORADO 80631 O ADMINISTRATION(970)353-0586 lig HEALTH PROTECTION(970)353-0635 COLOR - COMMUNITY HEALTH (970)353-0639 COLOR , O FAX (970)3W04966 January 9, 1997 I I 1 Jacob and Dorothy Altergott 9535 WCR sp Windsor, Colorado 80550 I RE: Jacobland Dorothy Altergott ISDS No. : 96-081 Permit No. : SE-9600155 _ • Dear Mr. and Mrs. Altergott: On January 7, 1997, an evaluation of the ex'sting individual septic disposal system at 9481 weld county Road 66, Colors ; Section 22, Township 06 North, Range 67 W at, was conducted by Troy Swain. There is 4ot enough information available to determine if the septic system identifiedi above is of sufficient size to acc4nmodate the structures(s) served be this system. This Department recommends 'that the system be brought into complianceiwith current regulations- A repair permit must be obtained and a site evaluation) must be conducted prior to any alterations to the system_ Theexisti 'g individual septic disposal system is of sufficient size and capacity to adequately handle the proposed load. This evaluation is based on a final treatment rapacity for a _2_ bedroom resider: e_ Be advised, neither the County of Weld nor any of its agents or employees undertake ;or assume any liability to the o r of the above property, to any purchaser Of the above property or to any le ding agency making a loan on the above property or in the report- This inspection was conducted for the purpo a of determining wmplianee with current regulations and for detecting health zards observable at the time of inspections. This does not constitute a warren y that the system is without flaw or that it will continue to function in the £u re. Inspections requested during periods of l snow cover and high soil saturati may be o₹ questionable value to potential buyers due to adverse conditions. aluations based on Statements of Existing (8.0.n.) relies on information the pr perry owner provides, under oath, indicating current status of the system and r resenting to the best of his/her knowledge the system is not failing to funct' n properly. If we can pe of any further assistance. pleas contact our office at 353-0635. 333, Sincerely, I Troy Swai i Environme tal Protection Specialist i TS/rb-164 1 1 + sl( t �' I'! ill ii ,,;p t. Enclosure (1) cc. Weld 'County Planning Department i .... 1 1 I 01/13/97 08:53 TX/RX NO.6004 P.003 III JAN-13-1997 09:01 • ' P.04 6i DEPARTMENT OF HEALTH .114 a t 1 r 1517 16 AVENUE COURT f GREELEY,COLORADO 80631 il 1 i p IO ADMINISTRATION (970)353-0586 HEALTH PROTECTION (970)353-0635 �y COMMUNITY HEALTH (970)363-0639 COLOR DO FAX(970)3564966 1 January 9,1 1997 Jacob and )vrothy Altergott 9535 WCR 6 Windsor, lorado 8D550 tE: Sac and Dorothy Altergott ISDS No. : 96-080 Perm' No. : SE-9600158 . Dear Mr. d Mrs. Altergott: On Januar 7, 1997, an evaluation of the existing individual septic disposal system at 9535 Weld County Road 66 the greet house located at this Address, Colorado; 'Section 22, Township 06 North. Ran a 67 West, was conducted by Troy Swain. There is loot enough information available t determine if the septic system identifies above is of sufficient size to ac ommodate the structures(s) served by this s stem. This Department recommends that the system be brought into compliant with current regulations. A repair ermit must be obtained and a site evaluation must be conducted prior to any al erations to the system. • The existing individual septic disposal syst is of sufficient size and capacity to adequa4ely handle the proposed load_ Th s evaluation is based on a final treatment capacity for a _ bedroom resince. Be advised, neither the County of Weld no any of its agents or employees undertake! or assume any liability to the o er of the above property, to any purchaserlof the above property or to any 1 ding agency making a loan on the above property or in the report. This inspe¢ction was conducted for the purpo a of determining compliance with current regulations and for detecting health hazards observable at the time of inspectio . This does not constitute a warranty that the system is without flaw or that 1 will continue to function in the fu mre. Inspections requested during periods o snow cover and high soil saturation may be of questionable value to potential;buyers due to adverse conditions. Evaluations based on Statements of Existing s.o.s.) relies on information the p erty owner provides, wader oath, indicating current status of the system and r presenting to the best of his/her knowledge the system is not failing to function properly- If we can be of any further assistance, plea a contact our office at 353-0635. s incerelli „....-1,4 4----:"--- Troy Swami F Environm tat Protection Specialist 'r!n f •1i°•' VII tiMil ,pi.. TS/rb-1648 Rnclosur (1) ] ; ; cc: Wel County Planning Department TOTAL P.04 01/13/97 08:53 TX/RX NO.6004 P.004 II • • ROCKY MOUNTAIN CONSULTANTS, INC. R C Premiere Building 825 Delaware Ave., Suite 500 Longmont, CO 80501 (303) 772:-5282 Weld Cou li;� ��"I ring Dept. Metro (303) 665-6283 FAX (303) 665-6959 E-mail rmclong@rmii.com January 13, 1997 JAN 1 4 1997 Ms. Shani Eastin Weld County Department of Planning Services Weld County Administrative Offices 1400 N. 17th Avenue Greeley, CO 80631 Dear Shani: Enclosed please find a map illustrating the location of the following houses: 1. the gray house at 9481 Weld County Road 66 (RE Lot A) 2. the green house at 9535 Weld County Road 66 (RE Lot A) 3. the white house at 9535/ Weld County Road 66 (RE Lot A) 4. the brown house at 9695 Weld County Road 66 (SE Lot 1). Please call me if you need any additional information for your review. Thank you for your assistance. Sincer$y, ROCk Y Mr tUNTAIN CONSULTANTS, INC. Danna Brand Planning Technician H:\2862006\HOUSEADD.WPD CIVIL AND ENVIRONMENTAL ENGINEERING • PLANNING 3 rs.jo.00s .ttttgt / / / // I / (�/I I� / / I0 N . _ . H3JJG MYl_ _ _ _ _ _ _ e-7 • i 111•• 10 TI � � F- .IY � N 9 (J`J `Clc(1 t 1 \N cl 1L I III ti 11 11 a1 a + T iti,o s J g /7 ` }ia7L G — ;V: 6 i *II 111. AL a .,L b 4) • n < —n R e - -4-- ‘czit1111 tJ 3 _ N N 13 — — • — ..9� . . I". a _____ ----- . ._. . J MEMORANDUM 'ilk TO: RE-1960 Case File January 7, 1997 COLORADO From: Shani L. Eastin, Current Planner SUBJECT: Configuration of Lot A The Department of Planning Services staff had concerns with the irregular shape of Lot A. After reviewing Condition of Approval #3E staff determined that the irregular parcel shape would be allowed to remain part of Lot A. The reason for the irregular shape is that Lot A receives domestic water from the City of Greeley, who has a water main line running across Lot B. In order for the applicant to continue to be served by the City of Greeley, the city is requiring contiguity with the existing main, thus the reason for the odd shape parcel. Staff had concerns that this odd shape would or could be justification for a future land split in the future. The applicant had indicted that they would not be using the parcel in that fashion. They indicated that they would place a note on the plat to that effect. SERVICE,TEAMWORK,INTEGRITY,QUALITY ~ • • ROCKY MOUNTAIN CONSULTANTS, INC. R M C Premiere Building 825 Delaware Ave., Suite 500 Weld County Planning Dept. Longmont, CO 80501 (303) 772-5282 Metro (303) 665-6283 FAX (303) 665-6959 January 3, 1997 JAN 0 6 1997 E-mail rmclong@rmii,com Ms. Monica Daniels-Mika Weld County Department of Planning Services Weld County Administrative Offices 1400 N. 17th Avenue Greeley, CO 80631 Dear Monica: Thank you for completing the review of the Altergott Recorded Exemption and Subdivision Exemption requests. As we discussed, SE Lot 1 is under contract and the anticipated closing is at the end of next week. We have contacted the Weld County Health Department regarding the I.S.D.S. Evaluation of the existing septic system and anticipate that the inspection on SE Lot I can be completed and the SE Plat ready for recording by Tuesday or Wednesday. The Plat will reflect the 30' Right-of-Way for Eastman Park Drive, as well as, the 5' reservation as requested. A check for the recording fees will be provide with the mylar of the plat. It is my understanding that the Subdivision Exemption Plat can be recorded exclusive of the Recorded Exemption once the conditions of approval have been satisfied. I have spoken to Doris Biehl at the City of Greeley regarding the water service to Lot A of the Altergott Recorded Exemption (RE-1960). It is my understanding that the City of Greeley water service policy requires that the parcel receiving water service must be contiguous to the water main and that the ongoing provision of water service to the proposed Lot A is contingent on that connection. The "flag" lot configuration presented in the recorded exemption request represents that physical connection to the property. We will retain a permanent access and utility easement for the benefit of Lot B, on and across the portion of Lot A that extends to make the connection to the water main. This will allow for the continued agricultural production on the larger parcel. We may also want to add a note to the RE Plat that calls out the purpose of the connection and precludes future division of the larger parcel based on the configuration of the smaller lots. We can also reconfigure Lot A to eliminate the flag if that is your preference. It is essential to the Altergotts that the City of Greeley will continue to provide water service to the existing homes on Lot A, once the Recorded Exemption has been completed - we will cooperate in any resolution of this issue that will provide for continued service. CIVIL AND ENVIRONMENTAL ENGINEERING • PLANNING • • RMC page 2 Ms. Monica Daniels-Mika January 3, 1997 The existing homes on the RE Lot A were all constructed prior to the issuance of building permits in Weld County and have been continual habitable structures since they were built. Mr. Altergott has indicated that the dates of construction are as follows: (Please refer to the numbers on the sketch) 1 - Westernmost home - 1924 2 - Mr. and Mrs. Altergott's home - 1959 3 - House in rear - 1880 We are also following up with the Weld County Health Department regarding the I.S.D.S. Evaluation of the septic systems that serve the existing homes. Thank you for your assistance. Please let me know what the final resolution regarding the water line connection for Lot A so that we can prepare the Recorded Exemption Plat for recording. Sincerely, ROCKY MOUNTAIN CONSULTANTS, INC. Barbara Brunk Landscape Architect cc: Shani Eastin H:\2862_006\RESOLUTI.WPD ^rnJti��IIw�. \' 11 11 III II 11 i s%� /'n ' , W ill L ( 2. ge1§ itN0 l_ Tcy / 117- AI v2_ R 'C QI It 1 .----�` n k �' H i / Q !k ` itaLi � /U VNt �` _\q.S a / I .9 / I �5 . ,,c , J N a al N9 1 �- l �� NI.If Wt+A d t, mo_ 1 — I §z4/ i c., a _ i, .a 3.tL10.005 / StTt9i _ . 111;//// S § � Q / & I I / I t N ♦ : W H0.I0 Mr _ _ -^ % k l N E,_, IL. It T� n7 nb ' sr 1/)..7e N S AJ a _11 II li 0 .. R(� SS JI -a j I n2 tiS p U) ill lilt I I. e {gyp t `\ ,,� L a E N li E I.1N tc5Y 1, ra B v gil B O it r Q to, i I ts ..r., r v__ A 7, • I • • i ceD t s vtu COY, lie/Lc( 6cy\‘-t 5 � (A)-t PLCLe_, jcALO4 Cl01,1'ID iiritfi - .1v4 bw -e(2- UYIii MC (4 4 __GOiDtiexA° is (c) Existing Loan Review. IOMITTINAPPLICABLEJ III (d) Assumption Balance. [OMITTED-INAPPLICABLE] (e) Credit Information. (OMITTED-INAPPLICABLE] 5. APPRAISAL PROVISION. (Check one box only.)This Section 5 ® shall O shall If this Section 5 applies, as indicated above, Buyer shall have the sole option and elction to terminate this ot apply. thiscontract if the purchase price exceeds the l'ropert9s valuation determined by an appraiser engaged by piirrhn¢ar'¢ 1 amour The caaroct shall terminate by the Buyer causing the Seller to receive mitten notice of termination and a copy of such appraisal or written notice from lender which confirms the Property's valuation is less than the purchase price, on or before llarnmhnr 97 1 qqr;(Appraisal deadline). If seller does not teethe such written notice of temnination on or before the appraisal deadline, Buyer waives any right to terminate tinder this section. 6. COST OF APPRAISAL. Cast of any appraisal to be obtained after die date of this contract shall be timely paid by ruirrha¢ar 7. NOT ASSIGNABLE. This contract shall not be assignable by Buyer without Sellers prior written consent. Except as so restricted, this contract shall inure to the benefit of and be binding upon the heirs,personal representatives,successors and assigns of the parties. R. EVIDENCE OF TITLE. Seller shall furnish to Buyer, at Seller's expense, either a current commitment for owner's title insurance policy in an amount equal to die purchase price or at Seller's choice,an abstract of title certified to a current date, en or before Nnrramha r 1 1 1 q OF (Title Deadline). If a title insurance commitment is furnished, Buyer may require of Seller that copies of instruments (a abstracts of instruments) listed in the schedule of exceptiaus (Exceptions) in the title insurance commitment also be furnished to Buyer at Seller's expense. This requirement shall pertain oily to instruments shov,n of record in the office of the clerk and recorder of the designated county or counties. The title insurance connnitntent, together with any copies or abstracts of instruments furnished pursuant to this Section 8. constitute the title documents (Title Documents). Buyer, or Buyeer's designee, must request Seller, in writing, to famish copies or abstracts of instruments listed in the schedule of exceptions no Inter than 7 calendar days alter Title Deadline. If Seller furnishes a title insurance commitment,Seller will pay the premium at closing and have the title insurance policy delivered to Buyer ns soon as practicable alter closing. 9. TITLE. (a) Title Review. Buyer shall have the right to inspect the Title Documents or abstract. Written notice by Buyer of tmmerchanability of title or of any other unsatisfactory title condition shown by the Title Documents or abstract shall be signed by or on behalf of Buyer and given to Seller on or before --2 calendar days after Title Deadline, or within live (5) calendar days after receipt by Buyer of any Title Documents) or aulotsentcn(s) adding new Exceptiom(s) to the title commitment together with a copy of the Title Document adding new Exception(s) to title. If Seller does not receive Buyer's notice by the date(s) specified above, Buyer accepts the condition of title as disclosed by the Title Documents as satisfactory. (h) Mailers Not Shown by the Public Records, Seller shall deliver to Buyer, al or before the Tide Deadline set forth in Section 8, true copies of all lease(s) and survey(s) in Seller's possession pertaining to the Property and shall disclose to Buyer all easements, liens or other title mallets not shown by the public records of Which Seller has actual knowledge. Buyer shall have the right to inspect the Property to detemnine if any third part y(s) has any right in the Property not shone by the public records (such as an unrecorded easement, unrecorded lease, or boundary line discrepancy). Written notice of any unsatisfactory condition(s)disclosed by Seller a revealed by such inspection stint be signed by or on behalf of Buyer and given to Seller or or before hinrnnhn r OS 1 q4F . If Seller does not receive Buyer's notice by said date, Buyer accepts title subject to such rights,if any,of third parties of which Buyer has actual knowledge. (r) Special Taxing Districts. SPECIAL TAXING DLS11tlC'p 5I AV BE SIMIE T TO GENERA I, OfLIGA1ION INDEBTEDNESS '111 AT IS PAIN/ In It E:V FNUES PRODUCED FROM ANNUAL TAX LEV WS ON TOE TAXABLE P1tOPERtl' wrl'l1IN MICR 111SIPICTS. P1tOPFRiY OWNERS IN SUCH DISTRIC18 al:U HE PLACED AT RISK FOR INCREASED MILL LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT TIIE, SERVICING OF SOCK DEBT /YIIF.IIE (IR(I 6,IS1'AN(IFS ARISE RF:SFILTING IN 111E INAtl,tTV OF S0CII A DLstttl(r TO 1/ISCIIARGE SUCH INI/Fll'fTIINESS WillIO11T Stint AN INCREASE IN MII.1, TEAM'S. 11111ER S111111LI) INVESTR:AI E 'I1IE ItEllr FINANCING REQ11IItEaIEN'I'S OF'ills; A(I'11IORI7ED GENERAL OBLIGAtION ENDEDTEDNESS OF SU('ll DISTRICTS, EXISI'INC MILL LEVIES OF MICR IIIS'MICT SERVICING SUCH INDEIIIEDNESS, AND 111E POTENTIAL FOR AN INCREASE IN Still MILK LEVIES.In e located al taxing d Buyer desires notice die given event toUnSellerolo�ah before the date setforth)in subsection 9ct(b),h this contract shall(o then minate this terminae. If Seller t as a does not reli if ve Buyers notice by the date specified above, Buyer accepts the effect of the Property's inclusion in such special taxing district(s) and waives the right to so terminate. (d) Right to Care, If Seller receives notice of hmmerdhantability of title or any other unsatlsfn dory title conditlon(s) as provided in subsection (n) or (b) above, Seller shall use reasonable effort to correct said unsatisfactory title condition(s) prior to the date of closing. If Seller fails to correct said unsatisfactory title condition(s) co or before the date of closing, this contract shall then terminate; provided, however, Buyer may,by written notice received by Seller,on or before closing,waive objection to said unsatisfactory title condition(s). 10. INSPECTION. Buyer or any designee, shall have the right to have inspectiah(s) of the physical condition of the Property and Inclusions, at Buyer's expense. If written notice of any unsatisfactory condition, signed by or on behalf of buyer, is not received by Seller at or before Nnramhar 14 1 49 (Objection Deadline), the physical condition of the Property and Inclusions shall be deemed to be satisfactory to Buyer. If such notice is received by Seller as set forth tire, and if Buyer and Seller have not agreed, in writing, to a settlement tremor on a before NPramhar 1 h, 1 qqf (Resolution Deadline), this contract shall terminate three calendar days following the Resolution Deadline; unless, within the three calendar days, Seller receives written notice from Buyer waking objedim to any unsatisfactory condition. Buyer is responsible for and shall pay for any damage which occurs to the Property and Inclusions as a result of such inspection. 1 I. DATE OF CLOSING. The date of closing shall be lams ry 1 B, 1 qq7 date. The hour and place of closing shall be designated by r n 1 rhaa 1 1 Ran lean E.rar i t't ,or by mutual agreement at an earlier 12. TRANSFER OF TITLE. Subject to tender or payment at closing as required herein and compliance by Buyer with the other terns and prohisions hereof, Seller shall execute and deliver a good and sufficient °anara 1 ma rranly deed to Buyer, on closing, tomeying the Property free and clear of all taxes except the general taxes for the year of closing, and except none Title shall be conveyed free and clear of all liens for special improvements installed as of the date of Buyer's signature hereon, whether assessed or not; except (i) distribution utility easements (including cable TV), (ii) those matters reflected by the Tide Documents accepted by Buyer in accordance with subsection 9(a), (iii) those rights, if any, of third parties in the Property not shown by the public records in accordance with subsection 9(b),(iv)inclusion of the Property within any special taxing district,(v)subject to building and zoning regulations. 13. PAYMENTS OF ENCUMBRANCES.Any encumbrance required to be paid shall be paid at or before closing from the proceeds of this transaction or from any other source. 14. CLOSING COSTS,DOCUMENTS AND SERVICES.Buyer and Seller shall pay in Good Funds, their respective closing cents and all other items required to be paid al closing, except as otherwise provided herein. Buyer and Seller shall sign and complete all customary or required documents at or before closing. Fees for real estate closing services shall not exceed $ 1 nn nil and shall be paid at closing by 1 /7 Pnrrha¢ar and 1/9 ¢altar be paid at closing by 11 16, . The load transfer tax of n/n %of the purchase price shall because of this transaction shall be paid when due by ^/n My Sala and use lax that may accrue 15. PROBATIONS. General taxes for the year of closing, based on the taxes for the calendar year itnmediately preceding closing, rents, water and sewer diarges,owner's association dues,and interest on continuing loan(s),if any,and The printed portions of thle form,except(ilale&ed)(dlffeantlatd)additions,have bean approved by the Colorado Real Estate Commission, CRs2-9-9s. COMMERCIAL CONTRACT TO BUY AND SELL REAL ESTATE [NEW LOAN] Printed(tom RealFAST Forms for Windows, Version 4.51(4,4), Copyright Rea1FAST Software Publishing Inc., 1996 Registration LCOCOL223833 Prepared by-Administrator,Administrator,NEW HORIZONS&ASSOCIATES INC. Buyers) al J3 11/91196 15:65:55 Page 2 014 -l Saller(s) f 1 Dec`30-96 04: 24P • P.01•Weld County Planning Dept. DEC 3 01996 CITY OF GREELEY FAX TRANSMITTAL H TO: .mil 1t 0. vu- EcurilL COMPANY: W cQ ce C f PI a n n n 5 4 ip+- PHONE: FAX PHONE: • 3 5 6 3 1 Z_ FROM: : e 1, f ) Y S 1 fit NUMBER OF PAGES (including cover sheet): If you do not receive all pages call: (970) `) 8 � COMMENTS OR INSTRUCTIONS: City of Greeley, Water and Sewer Department, 1000 10th Street. Greeley, CO 80631, (970) 350-9812, FAX (970) 350-9805 12/30/96 16:30 TX/RX NO.5904 P.001 WATER & SEWER DEPARTMENT \ City of 1000 10TH STREET, GREELEY, COLORADO 80631 (303) 350-9812 Greeley ! e/d L'nbtnty December 30, 1996 piannin 9 Dept. JAN02 7997 Ms. Shani Eastin t Weld County Dept. of Planning Services Weld County Administrative Offices 1400 N. 17th Avenue Greeley, CO 80631 RE: Altergott Recorded Exemption Dear Ms. Eastin: City policy stipulates that water taps become part of the property when installed; and taps may not be bought or sold among property owners nor transferred to another property (parcel or lot). See the enclosed policy statement. This policy is designed to forestall property owners with a tap from creating their own little water supply companies and serving other properties. Since Mr. Altergott wishes to continue receiving water service from two water taps on our transmission mains, the parcels receiving the service must be adjacent to the water main. Our policy does not permit water service to properties which are not adjacent to the water source. Please call me at 350-9810 if you have any questions or concerns about this requirement. Sincerely, Doris Biehl Water and Sewer Permit Technician Enclosure 2 POLICY STATEMENTS GOVERNING THE SALE OF WATER AND SEWER TAPS 1. Water and sewer taps become part of the property when installed; therefore taps may not be bought or sold among property owners nor transferred to another property. 2. Plant investment fees can only be collected for specific lots; taps may not be purchased without a location or address assigned. 3. Plant investment fees should not be collected unless a tap can be physically installed. Taps may only be purchased for lots which are adjacent to water and sewer mains. Main extensions may be required for which the developer/owner must provide approved engineered drawings. 4. Taps previously sold, but not installed, may only be installed to the property of the purchaser and become part of the property should it be sold later. Taps may not be transferred and installed on the property of others. (Note: for G-L shareholders, entitlement to taps may only be assigned to others who are assignees of specific G-L contracts.) 5. Reimbursement may be made for taps previously purchased but not yet installed. Reimbursement will be for the amount paid at the time of purchase, including any labor and materials fees paid. City ordinance prohibits refunds for any taps already installed; however, credit may be applied toward the purchase of a larger tap for the same property. If credit for an existing tap is applied toward the purchase of a new tap, the existing tap must be abandoned as current policy stipulates. 6. Taps sold for multiple family structures must meet MLUS guidelines; a condominium declaration or a similar binding agreement must be submitted to the Water and Sewer Dept. by the owners of such structures. Specifically, the bill paying entity must be identified within the document. 7. Each residential structure (building) as defined under the MLUS policy must have a separate water tap, meter, and sewer tap. We do not install individual meters for customers who receive water service from a master water tap. 8. Purchasers of water taps must comply with the maximum number of units as stated in the Water and Sewer Board rate resolution. For example, the maximum number of units allowed on a one-inch water tap are four. We do not calculate PIF for multi- family units on a per unit basis. • Water and Sewer Policies Revised December, 1995 1 POLICY STATEMENTS CONTINUED: 9. Treat a 5/8-inch water tap as a 3/4-inch for fee credit when a customer applies for a larger tap. Abandonment of the 5/8-inch water tap is required at the point of connection on the main. The property owner can usually save money if the abandonment of the existing tap and the installation of the new tap can be done in the same trench in the right-of-way. Although we do charge a fee to drill new taps on the main, we do not charge a fee to abandon taps. The property owner is encouraged to coordinate the installation and abandonment of taps with Water Distribution. 10. The minimum tap size decades ago was 5/8-inch; now it is 3/4-inch. Therefore, treat a 5/8-inch water tap like a 3/4-inch unless a property owner proposes to serve more than one dwelling unit with the 5/8-inch tap. In this situation no additional PIF would be due to serve two units; however, the city charges a drilling fee (L & M) to install a new 3/4-inch tap on the main. The property owner must abandon the 5/8-inch water tap at his/her own expense. (It is important to remember that maximum guidelines insure adequate pressure for all units.) 11. Everyone pays raw water unless excepted by ordinance (see pp. 14-46 through 14-49, Greeley Municipal Code.) Exceptions are rare; however, those exceptions most often applicable are as follows: Residential users: Property which was subdivided and plats accepted by the Greeley Planning Commission prior to 1961 are excepted from providing raw water unless the property is further subdivided AND an additional tap or taps are requested. Nonresidential users: Property excepted by ordinances will still be subject to the base annual allotment which is based on the size of the water tap requested. A raw water surcharge is accessed on all water used above the base annual allotment each year. Approved: Frank Stephens Water and Sewer Director Water and Sewer Policies Revised December, 1995 2 T00'd 9069'ON Ill 6S:80 96/TE/ZI 9661 T g 030 FAX eg 6uiu inld A4U!Iwo P M COLDWELL BANKER EVERITT &WILLIAMS 1295 MAIN ST., BLDG 1 WINDSOR, CO 80550 Date /a 3/- 96 • Number of pages incruaing cover sneet 3 To: f/ From ?14•di 44/ ` O,s71nf2 • Phone Phone 970-686-2223 Fax Phone 3$"-R — ,3 / Z Fax Phone 970-686-1042 CC: • REMARKS: ❑ Urgent O For your review O Reply ASAP ❑ Please comment eon/ z.) ally 21,7-5,� ZOO'd 906S'ON X. 6S:80 96/TE/ZT . number of years, The owner of the property has actively cunaucted his business th zciium, att with no objection or issues raised by the City, Mr. Green is currently in the Fag of phial and ruing the subject property and it conjunction withtaa.pros is relying on be City's dilation to provide water for pahase by the owner of the Nip. In addition, he has requested batsit house be identified as being on a separate legal lot Apparently, your department has posed a objection to that request. In addition past to his rights (as a successor owner) to purchase water from the City, lie will bereques ng such right with respect to the approximately 2 lo he is intending CP 15.1 9661 I C 336 ,LUU u-uut•!d rat.uno3 PIN irdnasRi tit u1Pl,i £0/ZO 'd Z601 989 0L6 '0N Hd.3 NOSQNIM N3NNd8 113114100 Wd 69:60 3f11 96-IE-03Q ■ ' ZOO'd 906S'0N y 69:80 96/iE/Zi • ISAACSON, ROSENBAUM, WOODS & LEVY, P.C. ATTORNEYS Si COUNSELORS AT LAW suns ssoo 633. I,TH STTIRET SWCVN 0 ROSENBAUM MARE a GRUEM(IN PATRICIA HUE KELLEY DEN VEIL COLORADO 80202.7622 CART A.MOODS GARY A.KLEIMAN JULIE L SWEGIFMAN SAMUEL L.LEFT JULI L LAPIN THERESA I..CORRADA TELEPHONE MEIN C.WRIGHT PEEDERICI(5-UU SIth JOHN G.SPIEGLEMA,I Rieman D.OREENOARD JOHN VOOtHEES JOHN A.CHANIN (JOJ) 392-.3636 EDWARD Z RAMEY TERESA N.ENGLAND LILA L.SEAL WILLIAM W SU.URS EIN JIMMIE 1 ZALLAPS TELSODIT LAWRENCE J.DONOVAN.IL LISA J.MUTSCHLRR -- (3031 E92-3151GAM LOEOw JOSEPH CACHET u] SANDY GAIL MADLY JAMES R SHIPMAN LOUIS 0.ISAACSON(1 1.10.10101 I LAWRENCE L RUETER RICHARD L ROENEEW CHARLES ROSENBAUM Uwi.NNJ) JUNATMAN N.RPIRLER DAVID I..RWMM" J.W V[L N.OOLflDE 0 v.,n.i n) RICHARD G NATJIAN DAVID P.GOOi5P1 JOSEPH 1.STOLLAR(i,r.uwl Undersigned's Personal Pin No. P03)2954280 August 29, 1996 CoIY Ms. Doris Biehi, Water and Sewer Permit Technician Greeley Water and Sewer Department 1000 10th Street Greeley, Colorado 80631 Dear Ms. Biehl: On behalf of Rocky Mountain Trust ("RMT"), Rusty Green has asked that I contact you regarding a difference of interpretation by your department and him of a Right of Way Agreement entered into in November of 1932 between the City of Greeley("City") and the then- owner of a parcel of property which is currently under contract to RMT. As I believe you are aware, RMT has under contact certain property currently owned by Mr. and Mrs. Altergott. Their predecessors in interest entered into an agreement with the City in 1932 which allowed the City to locate its major water supply line under their property. In exchange for this valuable right, the owners of this property, for themselves and their successors, received the right to: (1) purchase water from the City; (2) install service lines to two houses with a meter for each house; and (3) install a hydrant for each house. Subsequent to the construction of the initial two houses, two additional houses were constructed and there now exist four houses on the Property. These houses are currently occupied and have existed on the subject urooerty for a £00'd 9069'ON X. 69:80 96/T£/ZT • ISAACSON, ROSENBAUM, WOODS & LEVY, P.C. August 29, 1996 Page 2 to create on the subject property. I understand that one of your objections to Mr. Green's request is that City ordinances do not provide for the provision of such water or services to this property. I am fairly confident that those ordinances post date the subject agreement and hence would not supersede the rights created by it. As I understand it, the objection is based on the belief that there are only two valid taps existing with respect to this property_ Mr. Green has offered to purchase the nerntrry additional taps (since he concurs that only two taps were included as part of the consideration for the Right of Way), but that offer has been rejected. Mr. Green asked that I write to you to reinforce the point which I know he has previously made on this issue. Namely, that the 1932 Right of Way which the City entered into, specifically provides that water may be purchased by the owner of this property. Granting this right, without the corresponding right to purchase taps to enable the use of the purchased water, is an insupportable position. Rocky Mountain Trust, "as the successor owner of this property, is entitled to purchase water from the City by virtue of the Right of Way and this right is still enforceable and valid despite the passage of time. It intends to pursue this right. Mr. Green has advised me that he is meeting with representatives from your department early next week. I trust that they will reach an amicable resolution of this matter. However, if they fail to do so, rest assured that RMT will pursue any and all legal remedies available to it to enforce its rights under the Right of Way, including bringing this matter to the attention of the City Council and commencing judicial proceedings, should that prove necessary. In addition, I am advised that the City has threatened to disconnect two of houses from the existing water taps. Any attempt to take this action will be met with immediate response flout RMT and the property owner, including seeking an injunction. I look forward to hearing that this matter has been resolved to everyone's satisfaction. Very truly yours, 7 /1-74) / . • S ' COO'd 906s'ON y 69:80 96/TC/ZT • SaudY Gal 01, SGN:m» cc: Rusty Green £0/£0 'd ZP01 989 0L6 '0N Xdd N0S0NIM N3NNd8 113M0100 WV 69:60 311,E 96-t£-030 • i T00'd 068S'ON X. 0S:ST 96/LZ/ZT • OP 19g FA)C COLDWELL BANKER EVERITT&WILLIAMS 1295 MAIN St, BLDG 1 WINDSOR, CO 80550 Date /d7Al Number of pages including cover sheet S-1/�/✓/ p / dr✓len 2*LD t.'% P-'C'A4- Phone 3 Phone 970-686-2333 Fax Phone 3S 7 --6,3 / Z Fax Phone 970-686-1042 CC: F?Er.1ARKS: ❑ Urgent O For your review © Reply ASAP ❑ Please comment No -Ln✓,fK 44ve Copy ar /y32- gj� � 0/ w4y e5Rg3,er„ i ‘s, Aja ,s , • TOO'd 068S'ON X OS:ST 96/2.3/31 • t Weld County Planning Dept• DEC 2 7 1996 'lig ED E0/10 'd et,ot 9R9 0L6 '0N XH.l N0SQNIM N3NNUR 11362100 Wd 0S,60 IH 96-LZ-03Q . ZOO'd 06BS'ON X. OS:ST 96/LZ/ZT • number of years. The owner of the property has actively conducted his business'therefrom, all with no objection or issues raised by the City, Mr, Green is mmtly in the process of platting and rezotig the subject property and inconjuncction with bat pro�s is relying on the City's obligaüon to provide water for purchase by the owner of the Property, In addition, he has requested that each house be identified as being on a separate legal lot Apparently, your department has posed an objection to bat request, U addition pursuant to his rights (as a attar owner) to purchase water from the City, hewi1 berecl sting such right with respect to the approximately 2 lots he is intending Weld coun1V planning Dept• DEC 2 '7 1996 J d� £0/ZO 'd 3P0i 989 us '0N 414 NOSQNIM N3NNd8 113X4100 Wd 05:170 INS 96-L3-03Q £00'd 068S'ON y4III OS:ST 96/LZ/ZT • \'.: '1 ( ` ' 7'�/1 Sandy Gail 010' SON:gbnc cc; Rusty Green ' Winning Dept. CEO L 7 •996 £0/£0 'd Z60I 9R9 OL6 '0N XH.d NOSQNIM 83NNli8 113M0100 Wd 09:ti0 INd 96—LZ-030 • • 300.d 068S'ON OS:Si 96/LZ/Zi Weld r ''Inning Dept. 0EC271996 ISAACSON, ROSENBAUM, WOODS 6t LEVY, P.C. AITORNEYS St COUNSELORS AT LAW SUITE taco AIR. 17TH STREET STANTON D.ROSENBAUM MARK 0-GRIMM( PATRICIA HILL KELLEY DENVER. COLORADO 8 0202-3 62 2 OMIT A-WOODS Gan A.RAMAN JULYS L 5PLEGLRMAN SAMUEL L.LEVY JOLI E.LAPIN THELRSA L.CORRADA nranIONR SIFTER O.WRIGHT REDERICK B.SICHUAN JOHN C.SPIEGLEMAN RICHARD D.GREENGARD JOHN vOORHIES 70101 A.CIANIN (303) 29244U EDWARD T.UAMEY TERRSA N.RNGLAND LDd L.SEAL WILLIAM V.SILBHESTEEI JBHPRET 7-EALLAPS TELECOPr LAMRENCE 7.DONOVAN.71. LISA I.MUTBCJRER (3011 292.3152 GARY tW2oW JOSEPH CACHET III SANDY GAIL NYHOLM IAM4 P.SHIPMAN LOOM G.ISAACSON 11,m znJ) LAWaENC81t-MAMARiCHaRD k w1WlWD G11ARLES M#)4f9�YM Urot-tn,t JONATHAN H.STEELER DAVi L.RUOSMAN SAMUEL M.GOIDBERC(net,nll RICHARD L NATHAN DAVID L GODWIN JOSEPH J.STOLLAR(Hw„1.) Undersigned's Personal Far No. (303)185.6280 August 29, 1996 Cofl7 Ms. Doris Biehl, Water and Sewer Permit Technician Greeley Water and Sewer Department 1000 10th Street Greeley, Colorado 80631 Dear Ms. Mehl: On behalf of Rocky Mountain Trust ("RMT"), Rusty Green has asked that I contact you regarding a difference of interpretation by your department and him of a Right of Way Agreement entered into in November of 1932 between the City of Greeley ("City")and the then- owner of a parcel of property which is currently under contact to RMT. As I believe you are aware, RMT has wider contract certain property currently owned by Mr. and Mrs. Altergott. Their predecessors in interest entered into an agreement with the City in 1932 which allowed the City to locate its major water supply line under their property. In exchange for this valuable right, the owners of this,property, for themselves and their successors, received the right to: (1) purchase water from the City; (2) install service lines to two houses with a meter for each house; and (3) install a hydrant for each house. Subsequent to the construction of the initial two houses, two additional houses were constructed and there now exist four houses on the Property. These houses are currently occupied and have existed on the subject nrnTrrty for R 'MI E00'd 068S'ON le 0S:Si 96/LZ/ZI T°,nning Dept, CECti7196 ISAACSON, ROSENBAtJM, Woons & LEVY. P.C. August 29, 1996 Page 2 to create on the subject property. I understand that one of your objections to Mr. Green's request is that City ordinances do not provide for the provision of such water or services to this property. I am fairly confident that those ordinances post date the subject agreement and hence would not supersede the rights created by it. As I understand it, the objection is based on the belief that there are only two valid taps existing with respect to this property. Mr. Green has offered to purchase the necessary additional taps (since he concurs that only two taps were included as part of the consideration for the Right of Way), but that offer has been rejected. Mr. Green asked that I write to you to reinforce the point which I know he has previously made on this issue. Namely, that the 1932 Right of Way which the City entered into, specifically provides that water may be purchased by the owner of this property. Granting this right, without the corresponding right to purchase taps to enable the use of the purchased water, is an insupportable position. Rocky Mountain Trust, -as the successor owner of this property, is entitled to purchase water from the City by virtue of the Right of Way and this right is still enforceable and valid despite the passage of time. It intends to pursue this right. Mr. Green has advised me that he is meeting with representatives from your department early next week. I trust that they will reach an amicable resolution of this matter. However, if they fail to do so, rest assured that RMT will pursue any and all legal remedies available to it to enforce its rights under the Right of Way, including bringing this matter to the attention of the City Council and commencing judicial proceedings, should that prove nerpasary_ In addition, I am advised that the City has threatened to disconnect two of houses from the existing water taps. Any attempt to take this action will be met with immediate response front RMT and the property owner, including errk1ng an injunction. I look forward to hearing that this matter has been resolved to everyone's satisfaction. Very truly yours, �/j 1.2/19/98 TRU 10:42 FAX 970 6686 180 TOWN OF WINDSOR 01001 • To. !`tet./14.A From: u d� Ei 7%,ii Of tar. . FAX Date: /24 Q7yJ .,w Number of Pages: /_ ( re Get221b tf Phone: (� derta-4-- 4 Fax: Telex: Remarks: Wed County Planning Dept. DEC 1 9 1996 1 3 / 1/4 32 \VT/ 6 � WINDSOR Town of Windsor t � �� 30l Wa/nutStreet 3Y �,, Windsor, CO SO55O � Phone: 970-606-7476 COLD rr. f Tax: 970-606-7100 12/19/96 09:46 TX/RX NO.5836 P.001 Shani L. Eastin, W.C. Planning DATE: November 20, 1996 Trevor Jiricek, W.C. Health Department Altergott, Jake and Dorothy, SE-622 and RE-1960 The Environmental Protection Division of the Weld County Health Department has reviewed SE-622 and RE-1960, submitted by Jake and Dorothy Altergott. We have also contacted the applicant in an effort to locate any septic permits for any of the septic systems currently serving the four (4) homes involved in these applications. After review of these applications, we recommend the following condition to be part of any approval: 1) The Environmental Protection Division of the Weld County Health Department was unable to locate septic permits for any of the septic systems currently serving the four (4) homes involved in these applications. Any existing septic system(s)which is not currently permitted through the Weld County Health Department will require an I.S.D.S. evaluation prior to the issuance of the required septic permit(s). In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with current I.S.D.S. regulations. tj\505 12/19/96 THU 10:45 FAX 970 68180 TOWN OF WINDSOR 005 WELD COUNTY ATTORNEY'S OFFICE ii(C-crteN.,\er, PHONE: (970)356-4000, EXT. 439I FAX: (970)352-0242 P.O.. BOX 1948 915 TENTH STREET Weld County Planning Dept. GREELEY, COLORADO 80632 �• Writer's Ext.: 4395 1 1996 COLORADO DEC 9 October 29, 1996 y, y4 Joseph P Plummer,AICP Director of Planning Town of Windsor 301 Walnut Street Windsor, Colorado 80550 RE: Right-of-Way Dedications Dear Mr Plummer: I have received a copy of your letter of October 17, 1996 questioning the road right-of-way dedication procedures of Weld County in relation to certain recorded exemptions.I do not know the particulars of the cases but can provide you general information on the problems associated with requiring right of way dedications which information was a factor in the decisions. Any such dedications have to comply with currently developing law particularly the case of Dolan v. City of Tigard, 114 S. Ct. 2309(1994), see also Seaver Meadows v. Larimer County, 709 P2d 928 (1985). Dolan requires that there be an essential nexus(connection)between the condition sought to be imposed on a developer and a legitimate state interest,and a rough proportionality between the condition and the nature and extent of the development impact to be remedied. Where the recorded exemption will create only one additional building site, it is difficult to contend that this impact justifies widening the right-of-way to an urban standard without compensating the landowner. There is no question that roads are a legitimate governmental interest but the burden of increasing capacity should be shared by all of the new lots causing the demand for widening not simply placed on the party who happens to own land adjacent to the roadway. Where the development has a localized impact, such as turning traffic into a commercial site,the County has and will consider imposing conditions to require turn lanes or similar improvemnts when justified. Where the impacts are not localized,more sophisticated approaches such as road impact fees or local improvement districts utilizing asssessments or sales taxes to finance bonds 12/19/96 09:46 TX/RX N0.5836 P.005 12/19/96 TAU 10:45 FAX 970 68180 TOWN OF WINDSOR 01006 • would have to be considered. This office would review any proposals you may submit for comment to the Planning Department including any which might allow the Town and County to work more closely together to fairly apportion the costs of development. Please consult with your attorney on these issues and, if acceptable to Mr Frey, please feel free to contact regarding further information on these matters. Very truly yours, 1.... Lee D. Morrison Assistant County Attorney LDM/ xc: Board of County Commissioners,Planning,John Frey ect O10 r ., 80%'C) 19 \C)* b MAWPFILES\PLANNING\W INDSOR.W PD 12/19/96 09:46 TX/RX NO.5836 P.006 • i ROCKY MOUNTAIN CONSULTANTS, INC. RMC Premiere Building 825 Delaware Ave., Suite 500 Longmont, CO 80501 (303) 772-5282 Metro (303) 665-6283 FAX (303) 665-6959 E-mail rmclong@rmii.com November 6, 1996 Ms. Shani Eastin ! !d rac } I,, Dept. Weld County Department of Planning Services Weld County Administrative Offices 1400 N. 17th Avenue NOV 0 8 1996 Greeley, CO 80631 Re: Altergott Recorded Exemption Legal Dear Shani: One of the legals that we gave you in the Altergott Recorded Exemption Request was labeled incorrectly. It was titled Altergott Property -- After Recorded Exemption rather than just Altergott Property -- Recorded Exemption. This is the legal description forthe recorded exemption request after the subdivision exemption is approved (assuming that it is approved). I apologise for the confusion. I have enclosed a copy of both legals to avoid further confusion. Please call me if you have any questions. Sinc rely, RO Y MOUN AI ONSU ANTS, INC. Danna . rand Natural Resources Planner CIVIL AND ENVIRONMENTAL ENGINEERING • PLANNING • • ALTERGOTT PROPERTY -- RECORDED EXEMPTION A TRACT OF LAND BEING THE E1/2, SW1/4 AND SE1/4 SECTION 22, T6N, R67W, 6TH P.M., WELD COUNTY, COLORADO BEING MORE PARTICULARLY DESCRIBED AS: CONSIDERING THE LINE BETWEEN THE SE CORNER AND THE SW CORNER OF SAID SECTION 22 TO BEAR NORTH 89°25'07" EAST, AND ALL BEARINGS BEING RELATIVE THERETO: BEGINNING AT THE SW CORNER E1/2 SW1/4 SAID SECTION 22; THENCE NORTH 89°24'55" EAST, 1304.39 FEET TO THE S1/4 CORNER SAID SECTION 22; THENCE NORTH 89°25'24" EAST, 1303.31 FEET TO THE SE CORNER W112, SE1/4 SAID SECTION 22; THENCE NORTH 89°25'18" EAST, 1303.26 FEET TO THE SE CORNER SAID SECTION 22; THENCE NORTH 00°07'54" WEST 2643.43 FEET TO THE E1/4 CORNER SAID SECTION 22; THENCE SOUTH 00°11'08" EAST, 2635.48 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER (SE COR.) OF SAID SECTION 22 AND ASSUMING THE SOUTH LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER (E1/2 SE1/4) OF SAID SECTION 22 AS BEARING SOUTH 89°25'18" WEST WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: THENCE SOUTH 89°25'18" WEST ALONG SAID SOUTH LINE A DISTANCE OF 913.94 FEET TO THE TRUE POINT OF BEGINNING: THENCE SOUTH 89°25'18" WEST ALONG SAID SOUTH LINE A DISTANCE OF 389.32 FEET TO THE EAST SIXTEENTH CORNER COMMON TO SECTIONS 22/28-T6N-R67W; THENCE SOUTH 89°25'24" WEST ALONG THE SOUTH LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER (W1/2 SE1/4) OF SAID SECTION 22 A DISTANCE OF 229.55 FEET; THENCE NORTH 00°34'36"WEST A DISTANCE OF 189.80 FEET; THENCE NORTH 06°51'09" EAST A DISTANCE OF 96.68 FEET; THENCE NORTH 00°35'29" EAST A DISTANCE OF 378.11 FEET; THENCE NORTH 89°25'20" EAST A DISTANCE OF 252.83 FEET; THENCE SOUTH 40°30'27" EAST A DISTANCE OF 538.78 FEET; THENCE SOUTH 00°34'42" EAST A DISTANCE OF 250.55 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED TRACT CONTAINS 224.49 ACRES MORE OR LESS EXCLUDING RIGHTS-OF-WAY RESERVED FOR COUNTY ROAD PURPOSES ALONG THE SOUTH 30 FEET OF SAID TRACT AND THE CHICAGO BURLINGTON AND QUINCY RAILROAD LOCATED IN THE NE1/4, SE1/4 SAID SECTION 22. SAID TRACT IS SUBJECT TO RIGHTS-OF-WAY AS RECORDED IN THE WELD COUNTY RECORDS AS FOLLOWS: BOOK 459, PAGE 461 (CHICAGO, BURLINGTON AND QUINCY RAILROAD) BOOK 1547, PAGE 612 (EASEMENT AGREEMENT FOR A SEEPAGE AND DRAIN DITCH) BOOK 938, PAGE 601 (ROW FOR AN UNDERGROUND WATER LINE) SAID TRACT IS ALSO SUBJECT TO EASEMENTS AND/OR RIGHTS-OF-WAY AS NOW EXIST WHETHER RECORDED OR UNRECORDED. alb ALTERGOTT PROPERTY -- BEFORE LEGAL A TRACT OF LAND BEING THE E1/2, SW1/4 AND SE1/4 SECTION 22, T6N, R67W, 6TH P.M., WELD COUNTY, COLORADO BEING MORE PARTICULARLY DESCRIBED AS: CONSIDERING THE LINE BETWEEN THE SE CORNER AND THE SW CORNER OF SAID SECTION 22 TO BEAR NORTH 89°25'07" EAST, AND ALL BEARINGS BEING RELATIVE THERETO: BEGINNING AT THE SW CORNER E1/2 SW1/4 SAID SECTION 22; THENCE NORTH 89°24'55" EAST, 1304.39 FEET TO THE S1/4 CORNER SAID SECTION 22; THENCE NORTH 89°25'24" EAST, 1303.31 FEET TO THE SE CORNER W1/2, SE1/4 SAID SECTION 22; THENCE NORTH 89°25'18" EAST, 1303.26 FEET TO THE SE CORNER SAID SECTION 22; THENCE NORTH 00°07'54" WEST 2643.43 FEET TO THE E1/4 CORNER SAID SECTION 22; THENCE SOUTH 00°11'08" EAST, 2635.48 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED TRACT CONTAINS 232.12 ACRES MORE OR LESS EXCLUDING RIGHTS-OF-WAY RESERVED FOR COUNTY ROAD PURPOSES ALONG THE SOUTH 30 FEET OF SAID TRACT AND THE CHICAGO BURLINGTON AND QUINCY RAILROAD LOCATED IN THE NE1/4, SE1/4 SAID SECTION 22. SAID TRACT IS SUBJECT TO RIGHTS-OF-WAY AS RECORDED IN THE WELD COUNTY RECORDS AS FOLLOWS: BOOK 459, PAGE 461 (CHICAGO, BURLINGTON AND QUINCY RAILROAD) BOOK 1547, PAGE 612 (EASEMENT AGREEMENT FOR A SEEPAGE AND DRAIN DITCH) BOOK 938, PAGE 601 (ROW FOR AN UNDERGROUND WATER LINE) SAID TRACT IS ALSO SUBJECT TO EASEMENTS AND/OR RIGHTS-OF-WAY AS NOW EXIST WHETHER RECORDED OR UNRECORDED. • S ALTERGOTT PROPERTY -- AFTER LEGAL A TRACT OF LAND BEING THE E1/2, SW1/4 AND SE1/4 SECTION 22, T6N, R67W, 6TH P.M., WELD COUNTY, COLORADO BEING MORE PARTICULARLY DESCRIBED AS: CONSIDERING THE LINE BETWEEN THE SE CORNER AND THE SW CORNER OF SAID SECTION 22 TO BEAR NORTH 89°25'07" EAST, AND ALL BEARINGS BEING RELATIVE THERETO: BEGINNING AT THE SW CORNER E1/2 SW1/4 SAID SECTION 22; THENCE NORTH 89°24'55" EAST, 1304.39 FEET TO THE S1/4 CORNER SAID SECTION 22; THENCE NORTH 89°25'24" EAST, 1303.31 FEET TO THE SE CORNER W1/2, SE1/4 SAID SECTION 22; THENCE NORTH 89°25'18" EAST, 1303.26 FEET TO THE SE CORNER SAID SECTION 22; THENCE NORTH 00°07'54" WEST 2643.43 FEET TO THE E1/4 CORNER SAID SECTION 22; THENCE SOUTH 00°11'08" EAST, 2635.48 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER (SE COR.) OF SAID SECTION 22 AND ASSUMING THE SOUTH LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER (E1/2 SE1/4) OF SAID SECTION 22 AS BEARING SOUTH 89°25'18" WEST WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: THENCE SOUTH 89°25'18" WEST ALONG SAID SOUTH LINE A DISTANCE OF 913.94 FEET TO THE TRUE POINT OF BEGINNING: THENCE SOUTH 89°25'18" WEST ALONG SAID SOUTH LINE A DISTANCE OF 389.32 FEET TO THE EAST SIXTEENTH CORNER COMMON TO SECTIONS 22/28-T6N-R67W; THENCE SOUTH 89°25'24"WEST ALONG THE SOUTH LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER (W1/2 SE1/4) OF SAID SECTION 22 A DISTANCE OF 229.55 FEET; THENCE NORTH 00°34'36"WEST A DISTANCE OF 189.80 FEET; THENCE NORTH 06°51'09" EAST A DISTANCE OF 96.68 FEET; THENCE NORTH 00°35'29" EAST A DISTANCE OF 378.11 FEET; THENCE NORTH 89°25'20" EAST A DISTANCE OF 252.83 FEET; THENCE SOUTH 40°30'27" EAST A DISTANCE OF 538.78 FEET; THENCE SOUTH 00°34'42" EAST A DISTANCE OF 250.55 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED TRACT CONTAINS 224.49 ACRES MORE OR LESS EXCLUDING RIGHTS-OF-WAY RESERVED FOR COUNTY ROAD PURPOSES ALONG THE SOUTH 30 FEET OF SAID TRACT AND THE CHICAGO BURLINGTON AND QUINCY RAILROAD LOCATED IN THE NE1/4, SE1/4 SAID SECTION 22. SAID TRACT IS SUBJECT TO RIGHTS-OF-WAY AS RECORDED IN THE WELD COUNTY RECORDS AS FOLLOWS: BOOK 459, PAGE 461 (CHICAGO, BURLINGTON AND QUINCY RAILROAD) BOOK 1547, PAGE 612 (EASEMENT AGREEMENT FOR A SEEPAGE AND DRAIN DITCH) BOOK 938, PAGE 601 (ROW FOR AN UNDERGROUND WATER LINE) SAID TRACT IS ALSO SUBJECT TO EASEMENTS AND/OR RIGHTS-OF-WAY AS NOW EXIST WHETHER RECORDED OR UNRECORDED. V\cam ALTERGOTT PROPERTY - afIkR RECORDED EXEMPTION A TRACT OF LAND BEING THE E1/2, SW1/4 AND SE1/4 SECTION 22, T6N, R67W, 6TH P.M., WELD COUNTY, COLORADO BEING MORE PARTICULARLY DESCRIBED AS: CONSIDERING THE LINE BETWEEN THE SE CORNER AND THE SW CORNER OF SAID SECTION 22 TO BEAR NORTH 89°25'07" EAST, AND ALL BEARINGS BEING RELATIVE THERETO: BEGINNING AT THE SW CORNER E1/2 SW1/4 SAID SECTION 22: THENCE NORTH 89°24'55" EAST, 1304.39 FEET TO THE S1/4 CORNER SAID SECTION 22; THENCE NORTH 89°25'24" EAST, 1303.31 FEET TO THE SE CORNER W1/2, SE1/4 SAID SECTION 22; THENCE NORTH 89°25'18" EAST, 1303.26 FEET TO THE SE CORNER SAID SECTION 22; THENCE NORTH 00°07'54" WEST 2643.43 FEET TO THE E1/4 CORNER SAID SECTION 22; THENCE SOUTH 00°11'08" EAST, 2635.48 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER (SE COR.) OF SAID SECTION 22 AND ASSUMING THE SOUTH LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER (E1/2 SE1/4) OF SAID SECTION 22 AS BEARING SOUTH 89°25'18" WEST WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: THENCE SOUTH 89°25'18" WEST ALONG SAID SOUTH LINE A DISTANCE OF 913.94 FEET TO THE TRUE POINT OF BEGINNING: THENCE SOUTH 89°25'18" WEST ALONG SAID SOUTH LINE A DISTANCE OF 389.32 FEET TO THE EAST SIXTEENTH CORNER COMMON TO SECTIONS 22/28-T6N-R67VV; THENCE SOUTH 89°25'24" WEST ALONG THE SOUTH LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER (W1/2 SE1/4) OF SAID SECTION 22 A DISTANCE OF 229.55 FEET; THENCE NORTH 00°34'36" WEST A DISTANCE OF 189.80 FEET; THENCE NORTH 06°51'09" EAST A DISTANCE OF 96.68 FEET; THENCE NORTH 00°35'29" EAST A DISTANCE OF 378.11 FEET; THENCE NORTH 89°25'20" EAST A DISTANCE OF 252.83 FEET; THENCE SOUTH 40°30'27" EAST A DISTANCE OF 538.78 FEET; THENCE SOUTH 00°34'42" EAST A DISTANCE OF 250.55 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED TRACT CONTAINS 224.49 ACRES MORE OR LESS EXCLUDING RIGHTS-OF-WAY RESERVED FOR COUNTY ROAD PURPOSES ALONG THE SOUTH 30 FEET OF SAID TRACT AND THE CHICAGO BURLINGTON AND QUINCY RAILROAD LOCATED IN THE NE1/4, SE1/4 SAID SECTION 22. SAID TRACT IS SUBJECT TO RIGHTS-OF-WAY AS RECORDED IN THE WELD COUNTY RECORDS AS FOLLOWS: BOOK 459, PAGE 461 (CHICAGO, BURLINGTON AND QUINCY RAILROAD) BOOK 1547, PAGE 612 (EASEMENT AGREEMENT FOR A SEEPAGE AND DRAIN DITCH) BOOK 938, PAGE 601 (ROW FOR AN UNDERGROUND WATER LINE) SAID TRACT IS ALSO SUBJECT TO EASEMENTS AND/OR RIGHTS-OF-WAY AS NOW EXIST WHETHER RECORDED OR UNRECORDED. 0 ALTERGOTT PROPERTY -- SE LOT 1 A PARCEL OF LAND BEING PART OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION TWENTY-TWO (22), TOWNSHIP SIX NORTH (T6N), RANGE SIXTY- SEVEN WEST (R67W) OF THE SIXTH PRINCIPAL MERIDIAN (6TH P.M.) COUNTY OF WELD, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER (SE COR.) OF SAID SECTION 22 AND 14 ASSUMING THE SOUTH LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER (E1/2 SE1/4) OF SAID SECTION 22 AS BEARING SOUTH 89°25'18" WEST WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: THENCE SOUTH 89°25'18" WEST ALONG SAID SOUTH LINE A DISTANCE OF 913.94 FEET TO THE TRUE POINT OF BEGINNING: THENCE SOUTH 89°25'18" WEST ALONG SAID SOUTH LINE A DISTANCE OF 389.32 FEET TO THE EAST SIXTEENTH CORNER COMMON TO SECTIONS 22/28- T6N-R67W; THENCE SOUTH 89°25'24" WEST ALONG THE SOUTH LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER (W1/2 SE1/4) OF SAID SECTION 22 A DISTANCE OF 229.55 FEET; THENCE NORTH 00°34'36" WEST A DISTANCE OF 189.80 FEET; THENCE NORTH 06°51'09" EAST A DISTANCE OF 96.68 FEET; THENCE NORTH 00°35'29" EAST A DISTANCE OF 378.11 FEET; THENCE NORTH 89°25'20" EAST A DISTANCE OF 252.83 FEET; THENCE SOUTH 40°30'27" EAST A DISTANCE OF 538.78 FEET; THENCE SOUTH 00°34'42" EAST A DISTANCE OF 250.55 FEET TO THE TRUE POINT OF BEGINNING. SAID DESCRIBED PARCEL OF LAND CONTAINS 7.634 ACRES, MORE OR LESS AND IS SUBJECT TO ANY RIGHTS-OF-WAY OR OTHER EASEMENTS AS GRANTED OR RESERVED BY INSTRUMENTS OF RECORD OR AS NOW EXISTING ON SAID DESCRIBED PARCEL OF LAND. B:PROPDES.LEG S ilb -16:;) DEPARTMENT OF PLANNING SERVICES Ks: PHONE (970)353-6100, EXT.3540 352-63 FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES • Wilk 1400N. 17THAVENUE GREELEY, COLORADO 80631 COLORADO November 1, 1996 Jake and Dorothy Altergott 9535 Weld County Road 66 Windsor, CO 80550 Subject: RE-1960, located in E2SW4 and the SE4 of Section 22, T6N, R67W of the 6th P.M., Weld County, Colorado. Parcel Number: 080722000012 Dear Mr. and Mrs.Altergott: 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 City of Greeley and Town of Windsor's Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the City of Greeley and Town of Windsor's Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call City of Greeley at(970) 350-9780 and Joe Plummer with the Town of Windsor, at(970)686-7180, for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. 'iScerely, ( ( / A Shani L. Eastin Current Planner • pc: Barbara Brunk Rocky Mountain Consultants, Inc 825 Delaware Avenue Longmont, CO 80501 ROCKY MOUNTAIN CONSULTANTS, INC. RMC Premiere Building 825 Delaware Ave.. Suite 500 Longmont, CO 80501 (303) 772-5282 Metro (303) 665-6283 FAX (303) 665-6959 E-mail rmclong@rmii.com October 24, 1996 Ms. Shani Eastin Weld County Department of Planning Services Weld County Administrative Offices 1400 N. 17th Avenue Greeley, CO 80631 Dear Shani: Enclosed you will find the fees and application materials for a recorded exemption and a subdivision exemption for Jake and Dorothy Altergott's property. Please call me if you need any additional information for your review. Thank you for your assistance. Sincerely, ROCKY MOUNTAIN CONSULTANTS, INC. � g , p Barbara Brunk Landscape Architect H:\2862_006\COVERLTR.WPD CIVIL AND ENVIRONMENTAL ENGINEERING • PLANNING • • FIELD CHECK inspection date:Dec. 16, 1996 CASE NUMBER: RE-1960 APPLICANT: Jake and Dorothy Altergott LEGAL DESCRIPTION: The E2, SW4 and SE4 of Section 22, T6N, R67W of the 6th P.M., Weld County, Colorado LOCATION: North of and adj. to Eastman Park Drive (WCR 66); approx. '/a mile east of Highway 257 Zoning Land Use N A (Agricultural) N Agricultural Production E A (Agricultural) E Agricultural Production, Kodak S I-I (Industrial) S Agricultural Production, Kodak W Town of Windsor W Town of Windsor COMMENTS: The subject property accesses onto Eastman Park Drive which is paved and maintained by the Town of Windsor. Proposed Lot A currently has three homes located on the property. Proposed Lot B has no homes and is in various stages of agricultural production. • hani L. Eastin,, t rent Planner MIEMIEMENIAPAMAIIONIFLOWISHEEMMOINIIII CASE#RE-1960 APPLICANT: Jake and Dorothy Altergott REQUEST: Recorded Exemption LEGAL: E2, SW4 and SE4 of Section 22, T6N, R67W of the 6th P.M., Weld County, CO LOCATION: North of and adjacent to Eastman Park Drive (WCR 66); approx. 1/2 mile east of Highway 257 PARCEL NUMBER: 0807-22-000012 Date By Application Received Oct. 24, 1996 Shani L. Eastin Application Completed Oct. 24, 1996 Shani L. Eastin Referrals listed Oct. 30, 1996 Shani L. Eastin File assembled Letter to applicant mailed j H-`A(p Vicinity map prepared Referrals mailed 11-1 Chaindexed (l-A_ck� Field check by DPS staff 'Z, lit-clip F-1 F- Administrative Review decision: o pipit prb✓z 12A c_q(� C History card completed/� n q7 Date cite (J lX 3- q / Date By COMMISSIONER HEARING DATE Surrounding property owners notified Air photo and maps prepared CC action: CC resolution received History card completed Recorded on maps and filed 1 -21-C(') l (oo I Overlay Districts 22 �£ (g I��CA � G uC 4_ri Zoning Airport Yes No ✓ I ok s 35 cocaGeologic Yes No ✓ (i Flood Hazard Yes_G No ter' 0 0AAD - exob LO e) DEPARTMENT OF PLANNING SERV Weld County Aistrative Offices, 1400 N. 17th Avenue, ley, Colorado 80631 Phone (970) 353-6100, Ext 3540 - Fax#(970) 353-6312 APPLICATION FOR RECORDED EXEMPTION Application Fee (;7 Receipt Number (... t ase Number PC.,- I c! W U Recording Fee Receipt Number Zoning District Application Checked By k Planner Assigned to Case Sb 6 TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures). I (we), the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners. Legal Description: E1/2 SW1/4 and SE1/4 Section 22. T 6 N, R 67 W Total Acreage: 224.5 Acres Parcel Number 080 72Z 000 012 (12 digit number-found on Tax I.D. Information or obtained at the Assessors Office.) Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No X Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes 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 Name:Jake and Dorothy Alteraott Home Phone#(970) 686-2959 Address:9535 Weld County Road 66 Work Phone# N/A City/State/Zip Code Windsor, Colorado 80550 Name: Home Phone# Address: Work Phone* City/State/Zip Code Water Source: Larger Parcel: N/A Smaller Parcel:Gity of Greeley Water Dept. Type of Sewer. Larger Parcel N/A Smaller Parcel: Septic Systems Proposed Use: Larger Parcel Agriculture Smaller Parcel: Residential Acreage: Larger Parcel +/-216.2 Acres Smaller Parcel: +/- 8.3 Acres Existing Dwellings: (Yes or No) No Existing Dwellings: (Yes or No)Yes Existing Dwellings Address (if applicable): Larger Parcel Smaller Parcel 9535 Weld County Road 66, Windsor Colorado 80550 ��/��/� I hereby stattj�yd{)M�tcJb Sfl \,f rQ l�tor plans submitted wit t p icatfo � e do ct to the best o` tyl nowledge. (- 77� !!,/ 0CT 2 4 1996 S gnature: Owner Authorized A nt E:AtzA ' . • I RECORDED EXEMPTION CRITERIA CHECKLIST Staff Use 1. What is the SCS so' sification for this site? � _. . s , _♦ 4.tM. t_DIkM 32 0LNE/ FtNE • IN+` a I Yes No N/A 2. Will the proposed configuration of the site make future farming practices 2. Lot A o ❑ less efficient? 11.3 Lot B o .. fr. ❑ 3. Will either of the lots be used for agricultural production? 11.3 3. Lot A 4Y ❑ o Lot B .6— ❑ ❑ 4. Is the applicant willing to place a conservation easement or some other 4. Lot A o -Er' o mechanism on the property to maintain farm production or open space? 91,3 Lot B o tea-' o 5. Does the application meet the Weld County Public Works Access requirements 5. Lot A ❑ ❑ -e as cited in Ordinance 180? 11.3.13.4 Lot B o ❑ pr' 6. Will the site utilize existing housing? 11 3.6 6. Lot A ,.a-' ❑ ❑ Lot B o .ate' o 7. Will the applicant designate a building envelope on either lot? 11.3,8 7. Lot A o .era o Lot B o ,.a' o 8. Is the in-house use water supply sufficient in terms of quality, quantity and 8. Lot A •y-' ❑ 0 dependability? 11.3A Lot B ..):I— ❑ ❑ 9. Is water available to irrigate the site for crops, lawns, gardens, and adequate 9. Lot A ,yam 0 ❑ for the maximum number of animal units allowed by right or Special Review Lot B D-' ❑ 0 permit. 11.3.4 10. Has irrigation water been removed from the site? If so, when 10. Lot A ❑ F ' ❑ 11.3;4 Lot B ❑ ❑ 11. Is the proposed land division consistent with current or future land use patterns? 11. ❑ ❑ 11.3:9/11,3.19/11.3.11 12. This application does not create lots which would make further land divisions 12. ❑ ❑ possible 11,3.9111.3,10/11.3.11 13. Neither of the parcels related to this application are part of a previously 13. Lot A ❑ ,...-a^ ❑ recorded exemption. 11.8!',8 Lot B o ❑ 14. How many recorded exemptions are adjacent to this parcel or Section ? When were they created? ?.E` B6 S' ( ti-t4 'it') 11.3,9/11.3.10/11.3,11 Yes No N/A 15. Are surrounding parcels larger than the minimum lot size? 11,3.10 15. ❑ _er' ❑ 16. Are there unique physical characteristics on this site? 11.3.13.8 16. Lot A ❑ •d' 0 LotB 0 ❑ • • J Yes No N/A 17. Is the site in compliance with the zone district regulations and applicable Weld 17. Lot A o ❑ County Health Department requirements? 11.3:5 Lot B ❑ ❑ Engineered Sewage System(s) Yes No 2 18. Does this request comply with the Weld County Comprehensive Plan or 18. Comp Plan o ❑ ❑ applicable Intergovernmental Agreements 11.3.9 IGA ❑ ❑ ❑ IGA 19. What is/t'he- proposed use of the site? Lot A K1tt1Anl1 r thca J Lot B 20. Did the referral agencies recommend approval of this request? 20. Yes No N/A If no,why not? ❑ ❑ ❑ 21. What impact, if any,will this land division have on adjacent properties? STAFF USE ONLY Date Received Received Size of Parcel Legal Description Location APPROVED-BOARD OF COUNTY COMMISSIONERS HEARING: Date STAFF APPROVED: Date a PROPOSAL FOR ALTERGOTT RECORDED EXEMPTION RECORDED EXEMPTION QUESTIONNAIRE ITEMS REQUIRED FOR SUBMITTAL 1. A water supply statement The existing homes are currently served by the City of Greeley Water Department. The applicant contacted the City about water service and they have agreed to continue to serve the two residential lots with existing improvements. These improvements consist of one home on lot and three homes and assessory buildings on the other lot. Water supply for the larger parcel has not been determined at this time. It is our understanding that this lot will not be eligible for a building permit until an adequate water supply is provided. However, water service may be through permitted wells. Attached is a copy of the Statements of Account for Municipal Services. 2. A sewage disposal statement The existing homes are served by septic systems. It is our understanding that they dispose of sewage in compliance with Weld County Health Department standards. 3. A description of how the property is being used The property consists of approximately 205 acres of irrigated farmland and 20 acres of existing residences and farm-related buildings. There are approximately 25 head of cattle on this property. Please see the plat for an illustration of existing improvements: • There are 3 residences on this property: - the western-most house was built in 1924, the Altergotts are currently renting this home to the person who farms the land; - Mr. and Mrs. Altergott's home, which was built in 1959; and - the northern-most homestead, which was constructed around 1890 and is the Altergott's son's home. There is a small, detached garage southwest of this homestead. • There is 1 barn on the property directly north of the western-most residence. • There are 4 sheds on the property. They are clustered near the barn. 4. Reason for proposed recorded exemption with an explanation of how each lot will be used The Altergott family has farmed this property for over 100 years. Mr. and Mrs. Altergott have farmed and raised cattle on this property since 1916. This exemption would enable the Altergotts to sell the existing residences separately from the farmland. The Altergotts are also planning on selling the 216 acre parcel of farmland to finance their retirement. This land will remain in production until it is developed at some time in the future. 41/4 411. Page 2 Recorded Exemption Questionnaire Altergott Proposal 5. A description of the location, size, and present use of the area where the proposed new lot will be created See plat for an illustration of the location and size of the area where the proposed new lot will be created. The new lot will contain the three residences and associated sheds and barn discussed in question 3. 6. Place this note on 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 agreements. This proposal is consistent with the currently adopted Windsor Comprehensive Plan which shows this property as residential. According to County Attorney Lee Morrison, there are no intergovernmental agreements between the Town of Windsor and Weld County regarding land use. 8. A statement explaining how the proposed uses will be compatible with existing surrounding land uses. We are not proposing to change the land uses. We are trying to subdivide off the existing improvements so that the Altergott family can sell the residences individually and retire. In the immediate future, these houses will be surrounded by agricultural land. However, it is likely that future development in the area will occur as this property is in the Town of Windsor's planning area. 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. This proposal is consistent with the intent of recorded exemptions as stated in the Weld County Subdivision Ordinance, "the recorded exemption is a subdivision process used to divide a lot, not located in an approved subdivision, into two separate lots. Examples . . . include . . . separating existing improvements from agricultural land" (Ordinance 173C, page 69). This exemption will allow the Altergotts to sell the agricultural land as one large parcel so that the land can remain in production. However, this property is in close proximity to the Town of Windsor, Kodak, and a Budweiser canning plant. We anticipate that it may developed in a more urban manner in the future. This is consistent with Urban Growth Boundaries section of the Weld County Comprehensive Plan: "Efficient and orderly land development and the preservation of agricultural land require that urban type development take place in or adjacent to existing municipalities" (1995, page 3-1). SID 0111 Page 3 Recorded Exemption Questionnaire Altergott Proposal 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. This proposal is consistent with efficient and orderly development in the following ways: • It assists in orderly and integrated development by enabling the landowner to separate the existing improvements from the agricultural land so that the latter may be sold as one large parcel. • It safeguards the interest of the public, the homeowner and subdivider by allowing the homeowner/subdivider to separate existing improvements from the agricultural land. • It ensures that the irrigation water currently associated with the farm will be retained for agricultural uses as long as the property remains in agricultural production. • Since we are only proposing to move the property lines on this property, we do not anticipate causing erosion, sedimentation or any other pollution of surface and subsurface waters. • Since we are only proposing to move the property lines, we do not anticipate causing loss and injury from land slides, mud flows, or other geologic hazards. ALTERGOTT RECORDED EXEMPTION PROPOSAL 11.8 Recorded Exemption Standards 11.8.1 The water supply for both lots as proposed by the recorded exemption application is adequate in terms of quality, quantity, and dependability. The existing homes are currently served by the City of Greeley. They will continue to be served by Greeley unless an alternative water supply is provided. Water supply for the larger parcel has not been determined at this time. It is our understanding that this lot will not be eligible for a building permit until an adequate water supply is provided. However, water service may be through permitted wells. 11.8.2 An adequate sewer service is available to serve the uses permitted on both proposed lots. The sewer service shall comply with the requirements of the applicable zone district and the Weld County Health Department. The existing homes are served by septic systems. It is our understanding that these systems comply with Weld County Health Department standards. 11.8.3 An adequate legal access exists for both proposed lots to a public road. All accesses shall be in accordance with Section 3 of the "Weld County Public Works Policies", Ordinance, Section 50, Overlay District Regulations. Both lots will use the existing access points onto Eastman Park Drive. These are shown on the map. 11.8.4 The proposed recorded exemption will comply with the Weld County Zoning Ordinance, Section 50, Overlay District Regulations. This proposal is not in the Airport Overlay District, the Geologic Hazard Overlay District, nor the Planned Unit Development Overlay District. A portion of the property lies within the 100-year floodplain however the existing structures are outside of the floodplain. 11.8.5 The minimum size of any lot proposed is not less than one (1) acre, except where smaller lot sizes are allowed in the zone district or where exempted by the Board of County Commissioners. The proposed lot sizes are approximately 216.2 acres and 8.3 acres. 11.8.7 The recorded exemption application shall include the total contiguous land ownership, except in the A (Agricultural) district when a contiguous ownership equals at least twice the minimum lot size (160 acres), a portion of the lot equal to the minimum lot size (80 acres) may be used in the recorded exemption application. The Altergotts own 232 contiguous acres. This proposal is for 224.5 acres. The remaining 7.5 acres are part of a concurrent subdivision exemption application. • S fir► Page 2 Recorded Exemption Standards Altergott Recorded Exemption Proposal 11.8.8 The proposed recorded exemption is not part of an approved recorded exemption within the last ten (10) years. There has not been an approved recorded exemption within the last ten (10) years on this property. 11.8.9 The proposed recorded exemption is not part of an approved subdivision or recorded subdivision plat or unincorporated community legally filed prior to adoption of any regulations controlling subdivisions. This property is not part of an approved subdivision or recorded subdivision plat or unincorporated community legally filed. 11.8.10 The proposed recorded exemption does not evade the statement of purpose as set forth in Section 1.3 of this Ordinance. This proposal is consistent with efficient and orderly development in the following ways: It assists in orderly and integrated development by enabling the landowner to separate the existing improvements from the agricultural land so that the latter may be sold as one large parcel. It safeguards the interest of the public, the homeowner and subdivider by allowing the homeowner/subdivider to separate existing improvements from the agricultural land. It ensures that the irrigation water currently associated with the farm will be retained for agricultural uses as long as the property remains in agricultural production. Since we are only proposing to move the property lines on this property, we do not anticipate causing erosion, sedimentation or any other pollution of surface and subsurface waters. Since we are only proposing to move the property lines, we do not anticipate causing loss and injury from land slides, mud flows, or other geologic hazards. 4141 REFERRAL LIST NAME: CASE NUMBER: COUNTY TOWNS and CITIES Attorney Ault wealth Department Brighton Extension Service Broomfield _Emergency Management Office Dacono Sheriffs Office Eaton ublic Works Erie Housing Authority Evans Airport Authority Firestone Building Inspection Fort Lupton Frederick STATE _Garden City Division of Water Resources Gilcrest _Geological Survey ✓treeley _Department of Health • Grover Department of Transportation Hudson _Historical Society Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey La Salle FIRE DISTRICTS Lochbuie Ault F-1 Longmont Berthoud F-2 Mead Briggsdale F-24 Milliken Brighton F-3 New Raymer Eaton F-4 Northglenn Fort Lupton F-5 Nunn Galeton F-6 Pierce Hudson F-7 Platteville Johnstown F-8 Severance La Salle F-9 Thornton Mountain View F-10 ✓Gwndsor Milliken F-11 Nunn F-12 COUNTIES Pawnee F-22 Adams Platteville F-13 Boulder Platte Valley F-14 Larimer _Poudre Valley F-15 Raymer F-2 FEDERAL GOVERNMENT AGENCIES Southeast Weld F-16 US Army Corps of Engineers • L.- "Windsor/Severance F-17 .USDA-APHIS Veterinary Service Wiggins F-18 Federal Aviation Administration Western Hills F-20 Federal Communication Commission OTHER SOIL CONSERVATION DISTRICTS Central Colo. Water Conservancy Dist. Brighton Panhandle Eastern Pipe Line Co. Fort Collins ✓c reeley Longmont West Adams COMMISSION/BOARD MEMBER S S REFERRAL LIST NAME: Jake and Dorothy Altergott CASE NUMBER: RE-1960 REFERRALS SENT: November 1, 1996 REFERRALS TO BE RECEIVED BY: November 22, 1996 COUNTY TOWNS and CITIES Attorney Ault X—Health Department Brighton Extension Service Broomfield _Emergency Management Office Dacono Sheriffs Office Eaton X—Public Works Erie Housing Authority Evans Airport Authority Firestone Building Inspection Fort Lupton Frederick STATE Garden City Division of Water Resources Gilcrest Geological Survey _X_Greeley Department of Health Grover Department of Transportation Hudson _Historical Society Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey La Salle FIRE DISTRICTS Lochbuie Ault F-1 Longmont Berthoud F-2 Mead Briggsdale F-24 Milliken Brighton F-3 New Raymer Eaton F-4 Northglenn Fort Lupton F-5 Nunn Galeton F-6 Pierce _Hudson F-7 Platteville Johnstown F-8 Severance La Salle F-9 Thornton Mountain View F-10 _X Windsor Milliken F-11 Nunn F-12 COUNTIES Pawnee F-22 Adams Platteville F-13 Boulder _Platte Valley F-14 Larimer Poudre Valley F-15 Raymer F-2 FEDERAL GOVERNMENT AGENCIES Southeast Weld F-16 US Army Corps of Engineers _X Windsor/Severance F-17 USDA-APHIS Veterinary Service Wiggins F-18 Federal Aviation Administration Western Hills F-20 Federal Communication Commission OTHER SOIL CONSERVATION DISTRICTS Central Colo.Water Conservancy Dist. Brighton _Panhandle Eastern Pipe Line Co. Fort Collins Tri-Area Planning Commission _X_Greeley Longmont West Adams COMMISSION/BOARD MEMBER • re' st-ist Weld County Planning Dept. NOV 0 6 1996 DEPARTMENT OF PLANNING SERVICES PHONE (970)353-6100, EXT.3540 ' FAX (970) 352-6312 y. s ' WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE O GREELEY, COLORADO 80631 • COLORADO RE-1960 /SE_62z Parcel Number: 080722000012 TO WHOM IT MAY CONCERN: Enclosed is an application from Jake and Dorothy Altergott for a Recorded Exemption. The parcel of land is described as E2SW4 and the SE4 of Section 22,T6N, R67W of the 6th P.M., Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north and adjacent to Eastman Park Drive(WCR 66); approximately 1/2 mile east of Highway 257.. For a more precise location, see legal. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by November 22, 1996, so that we may give full consideration to your recommendation. The failure of any agency to respond within 21 days may be deemed to be a favorable response to the County. Please call Shani L. Eastin, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. T We have reviewed the request and find no conflicts with our interests. dEC 37'eCIA`. 'o.,O, r' , / (eo- Access) 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed le r. • Signed: 3> -4 enµCRRP Agency: ()ILL (119:29 , Date:Date: I1 5-9{O • APPENDEx B WEL OUNEY ROAD ACCESS INFORMA N SFIEET Weld County Public Works Depachuent Date: t1-5- 9(. 933 North 1 lth Ave. P.O. Box 758 Greeley, CO 80632 O70)356-4000 EXT. 3750 (970)352-2868 (FAX) I. Applicant Name tctcc Au-rt tzc o-rr Phone 970 coe(o-.)qS 9 Address q'35 Wet O6, City vb t-Joso2 State co Zip 5O55O 2. Address or location of access Section ZZ Township 60 Range co-7 Subdivision Block Lot Weld County Road # L(o Side of Road bJcernl CS E or W Distance from & number of intersecting road 3. Is there an existing access to the property? Yes_No # of arrrsses ***********************************************4********************************** 4. Site Sketch h Lai. A _Ili5C (J=4srMA nl PARK DelvE) 'A-Ice (°c. kociAK ********************************************************************************** OFFICE USE ONLY Tow hi or z-r- oPY Road 106, ADT N1iti'rxntz Date Accidents et Date 9- e "t- o- t4-e4 M iur 17, Road 67 '36 7 ADT 57 CC Date ( `I 9 0 Accidents 3- Date_3-'t"'y 2-'t- pf 5. Proposed use: ❑ Permanent ❑ Residential/Agricultural ❑ Industrial O Temporary 0 Commercial ❑ Subdivision ❑ Other , ********************************************************************************** Drainage Requirement Culvert Size Length Other Comments ❑ Installation authorized 0 Information Insufficient Special Conditions EAkpf*t.( PAR y1/4/A6 SY TA-E- Tov.)tJ Or YJINDsOra_ a v.ina oe_ 444D JAC sSO'LX ONI nve2 Po 1 art s . — Reviewed by: Title: • • WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department 933 North 11th Avenue, P.O. Box 758, Greeley, Colorado Phone: (970) 356-4000, Ext 3750 1. ApplicantName J MtFLTq- 1T Phone 970• (oar 495' Address ' 535 lag—(etc City WILILY—DR- State Co Zip 2. Address or location of access Section 2 Z. Township &nu Range 6.-7 u) Subdivision Block Lot — Weld County Road#' (a& Side of Road (N,S E or W Distance from&number of intersecting , P'X 13w' W EAt-r OF ' H 257 3. Is there an existing access to the property? Yes ✓ No #of accesses 4 4. Site Sketch: ee A1TI-tH ) �A l f1PP 1✓P�TMAL1 Pbgic DRIVE 71 l � 5.Proposed use: Permanent 'Residential/Agricultural _ Industrial Temporary _ Commercial _ Subdivision _ Other OFFICE USE ONLY Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Other Comments: _ Installation authorized _ Information Insufficient Special Conditions Reviewed by: Title: 7 E $ _I\` $ • ' 961S 48' NOO11'06'w (I _ �. Iii H- r_ / a 31*�I ( WI v T ' p / i 4 : 1/2 0 7 .c—i, , 0 � . �� / 0 a�) - E X Ij I I r y\ P p • `�i i R I I •\ t ��1 b c, • 5 >tf IDI r 5 V 17- \• r/ (' I, R" I4 o l" M \. Xt E /P LAW DITCHtry ea $ /r ea & L' I V` =1 �74 I I k. I � N I i I % id, 2643.43' 800'0754"E / / _,,// / S • Gjor— , DEPARTMENT OF PLANNING SERVICES Weld County Planning Dept. PHONE (970) 353-6100, EXT.3540 IDWELD COUNTY ADMINISTRATIVE OFFICES C NOV 1 3 1996 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 • 1 9 3.'+�� 2-za� a .�' lwa .L � COLORADO s RE-1960 Parcel Number 080722000012 TO WHOM IT MAY CONCERN: Enclosed is an application from Jake and Dorothy Altergott for a Recorded Exemption. The parcel of land is described as E2SW4 and the SE4 of Section 22, T6N, R67W of the 6th P.M., Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north and adjacent to Eastman Park Drive(WCR 66); approximately 1/2 mile east of Highway 257.. For a more precise location, see legal. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by November 22, 1996, so that we may give full consideration to your recommendation. The failure of any agency to respond within 21 days may be deemed to be a favorable response to the County. Please call Shani L. Eastin, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: Agency: Ais 7✓ 'J Date: H s a DEPARTMENT OF PLANNING SERVICES • PHONE (970) 353-6100, EXT.3540 FAX (970)352-6312 VI D WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE O GREELEY, COLORADO 80631 • COLORADO RE-1960 Parcel Number: 080722000012 TO WHOM IT MAY CONCERN: Enclosed is an application from Jake and Dorothy Altergott for a Recorded Exemption. The parcel of iand is described as E2SW4 and the SE4 of Section 22,T6N, R67W of the 6th P.M.,Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north and adjacent to Eastman Park Drive(WCR 66); approximately 1/2 mile east of Highway 257.. For a more precise location, see legal. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by November 22, 1996, so that we may give full consideration to your recommendation. The failure of any agency to respond within 21 days may be deemed to be a favorable response to the County. Please call Shani L. Eastin, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. X Ple refer to the enclosed letter. )�� Sig ed: Agency: /�'U^ -��`-� Date: /2-/ - y(p 8 12/19/96 THU 10:44 FAX 970 6180 TOWN OF WINDSOR 14]003 a lb rs t" \ Weld. Planning Dept. DEPARTMENT OF PLANNING SERVICES DEC 1 9 1996 PHONE (970)353-6100,EXT.3540 FAX (970)352-6312 *w WELD COUNTY ADMINISTRATIVE OFFICES O % h1 1400 N. 17TH AVENUE GREELEY,COLORADO 80631 COLORADO ' November I, 1996 Case Number:SE-622 TO WHOM IT MAY CONCERN: Enclosed is an application from Jake and Dorothy Altergott for a Subdivision Exemption used in conjunction with Recorded Exemption#1960. The parcel of land is described as located in the E2 SW4 and the SE4 of Section 22,T6N, 1267W of the 6th P.M.,Weld County,Colorado. The location of the parcel of land for which this application has been submitted is north of and adjacent to Eastman Park Drive(WCR 66);approximately I2 mile east of Highway 257_ For a more precise location,see legal. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by November 22, 1996,so that we may give full consideration to your recommendation. The failure of any agency to respond within 21 days may be deemed to be a favorable response to the County. Please call Shani L.Eastin,Current Planner,if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1._ We have reviewed this r&luest and find that it does/does not comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan,but we feel this request is/is not compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to 5. X Please refer thenilosed letter. Sign . • _/ agency v` Olt; AL Date: /2—/5+—9(, 12/19/96 09:46 TX/RX NO.5836 P.003 IN WINDSOR • ' ,,,li . Town of Windsor 301 Walnut Street •Windsor, Colorado 80550 • 970-686-7476 • Fax: 970-686-7180 COLO TO: Ms. Shani L. Eastin, Weld County Current Planner FROM: Joseph P. Plummer, AIC �t Windsor Planning Director I ` DATE: December 19, 1996 SUBJECT: Weld County Referrals RE-1960 and SE-622 - Jake and Dorothy Altergott Recorded Exemption and Subdivision Exemption At the December 18, 1996 planning commission meeting, the Windsor Planning Commission voted to make a favorable recommendation for approval of the above- cited applications, subject to the Applicant dedicating either five (5) feet of right-of- way in addition to the existing 30-foot right-of-way along the entire length of the Applicant's property on the north side of Eastman Park Drive or additional right-of-way along the entire length of the Applicant's property on the north side of Eastman Park Drive to within twenty-five (25) feet of the closest residence on the property, whichever results in the greater right-of--way dedication. Additionally, these right-of-way dedications shall be coordinated with the Windsor Town Engineer, Mr. Dennis L. Wagner, and it should also be noted that the Applicant's representative has agreed to both of these conditions concerning these right-of-way dedications. Thank you for your patience concerning this recommendation, and if you have any questions concerning this recommendation of this memorandum, please feel free to contact me at 686-7476. pc: Robert G. Frank, Chairman Windsor Planning Commission Dennis L. Wagner, Windsor Town Engineer Rusty Green, Applicant's Representative • • ,,t::.: dept. DEPARTMENT OF PLANNING SERVICES NOV 1 3 1�90 PHONE (970)353-6100, EXT.3540 I FAX (970) 352-6312 ELD COUNTY ADMINISTRATIVE OFFICES C• 1400 N. 17TH AVENUE --�- '�"'""'� """' GREELEY, COLORADO 80631 COLORADO RE-1960 Parcel Number: 080722000012 TO WHOM IT MAY CONCERN: Enclosed is an application from Jake and Dorothy Altergott for a Recorded Exemption. The parcel of land is described as E2SW4 and the SE4 of Section 22,T6N, R67W of the 6th P.M.,Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north and adjacent to Eastman Park Drive(WCR 66); approximately 1/2 mile east of Highway 257.. For a more precise location, see legal. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by November 22, 1996, so that we may give full consideration to your recommendation. The failure of any agency to respond within 21 days may be deemed to be a favorable response to the County. Please call Shani L. Eastin, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. _ P ease refer to the enclosed letter. • Signed: Agency: Date: O M i f M NOV 5 1996 By OFFICE OF COMMUNITY DEVELOPMENT , De(�t. City of -1100'10TH STREET,GREELEY,COLORADO 80631 (970)350-9780 FAX(970)350-9800 Greeley iJ iSS3 November 8, 1996 Shani L. Eastin Weld County Department of Planning Services 1400 N. 17th Avenue Greeley, CO 80631 Subject: RE-1960 and SE-622 Jake and Dorothy Altergott Dear Shani: Thanks for the opportunity to review this combination RE/SE. The City of Greeley Planning staff has reviewed the application for a recorded exemption and a subdivision exemption from Jake and Dorothy Altergott located 1/2 mile east of Highway 257 and north of WCR 66 and wish to forward the following comments to you. Resolution 7, 1985, by the City of Greeley Planning Commission gave administrative review authority to the Greeley Planning staff for review of recorded exemptions. The subdivision exemption, as used with the recorded exemption, is essentially the same as a recorded exemption, since a separate parcel is created. The resolution indicates we cannot recommend approval on any application where the overall gross density exceeds one dwelling unit per 20 acres outside the 2010 growth ring. Since this application would create the potential for three buildable lots on 232.13 acres, and two of those parcels already has existing residences, we can recommend approval of the request based on Resolution 7. We would not encourage the further subdivision of these lots. Additionally, we noted Lot A of the recorded exemption is oddly shaped. It may be difficult to incorporate this lot into future development in the area because of its shape. Thanks for the opportunity to review this request! Sincerely, ct Grd Thof ipson Planner II J 1 •3.tS,L0.00$ / •,Sttf9Z I / / I iii // N / m _ '� � $ H0110 Mdl N/ 11. 2 il - , j I Q •/+ n _ 3, , , KIWI ir,1 < I .-- g $ I RI �. 4pi ; / �� , I I I 1 / • b % , «I ,,3 X B i ! OF G 41 \-r-i„f I I p Lli [C_ G\ --- ! - i 9 I I v- / q u H Vr\ '1n 1:-i? B "- r� �- �Ll I _n s. : 3 IIN 1t, IA.90,'LOON ,9f Si' 9L . Iv' 0 \ t, •i / 3.151O.005 X1T19L ' I 1 p'1 Iig N ♦ pi. 1.6 8 '1' H31IO MY _ cr ; § al Hr U. 01"/ —�• I 111 D t� IL rJ . .4. to n� . • rV�- ; � :ft" L N 9tJJ m , ] \.f in `� - - —ir •O it < , 0 1;,DIC'a Eli -Pi il F� y q 9 �F) \ r C G \ gl 1 7 ( li-c) a Ili ,)'a 'N' m dP A� coif ti - § IL -� - . 1u.). Q '-1 J W S O Z �h T A Y V rN Ili --- • .- ---• - -�.saluIDl • mamma . -. . Paz S - . __. . al • j, r,.* CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO) DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD) Order No. 726 Altergott The HOMESTEAD TITLE CO. 'TITLE INSURANCE or ABSTRACT COMPANY hereby certifies and finds the following that it has made a careful search of its records, 9 conveyances affecting the real estate described herein since August 30, 1972. LEGAL DESCRIPTION: The East Half of the Southwest Quarter (E1/2SW1/4) and the Southeast Quarter (SE1/4) of Section Twenty-two (22); Township Six (6) North, Range Sixty-seven (67) West of the Sixth Principal Meridian, excepting however, a strip of land 33 feet wide and 80 rods long off the North side of 'the E1/2SW1/4 of said Section as described in Book 181 at Page 477 of the records in the office of the County Clerk and Recorder of Weld County, Colorado CONVEYANCES (if none appear, so state): Reception No. 1475169 `1/ , Book 553 Reception No. 2253166 , Book tans Reception No. , Book Reception No. , Book Reception No. • , Book Reception No. , Book Reception No. , Book Reception No. , Book This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be constructed as an Abstract of Title nor an opinion of Title, nor a guarantee Title, and the liability of nnMTNTrAn TTTTF rn COMPANY, is hereby limited to the fee paid for this Certificate. • In Witness Whereof, nntarcmr.AT) 'r yl u en, COMPANY,has caused this certificate to be signed by its proper officer this 4eh day of October ,A.D., 19 96 , at 7:45 A.M. o'clock. HOMESTEAD TITLE CO. Company • Authorized Signature • :; / 5 pj p72,p0Y 5 ' ' q' ,si Fa 353 V Ya .t. $ it I••••• i . _ WARRANTY DEED IN JOINT TENANCY - .�� a. KNOW ALL MEN BY THESE PRESENTS, That Harry Altergott sad - . ! Flora Altergott, of the County of Weld and State of Colorado, c for the consideration of Ten Dollars mcd other valuable considers- , tions in band paid, hereby sell and convey to Jake Altergott and "„y Dorothy M. Alter ott, of the County ofWeld and State of•Colorado is joint tenancy and it is declared that the property is conveyed " in joint tenancy, to the said Jake Altergott and Dorothy M. • G Altergott, the survivor of them, their assigns, and heirs and . assigns of such survivor, the following real estate and property, ' - 0 o situate in the County of Weld and State of Colorado, to-wit: 4 The East B:!M of the Southwest Quarter a1813) and . the Southe t Quarter (SE}) of Section Twenty-two fon' - u. (22), ,Township Six (6) North, Range Sixty-seven (67) West of the Sixth Principal Meridian, excepting, mhowever, a strip of land 33 feet wide and 80 rods -- ---- long off the North side of the E-}SW} of said Section as described in Book 181 at Page 477 of the records in the office of the County Clerk and Recorder of • Weld County, Colc:ado, together with all- its appurtenances, and warrant the title to the • same, subject, however, to the following: 1. 1966 taxes payable in 1967. ' 2. Inclusion within the Northern Colorado Water Conservancy ' District. 3. A Right of Way for Teller Lateral as described in Book - 200 at Page 535 of the Weld County records. 4. A Right of Way for water line to the City of Greeley by _ contract recorded in Book 938 at Page 601. 5. An Easement Agreement with the Great Western Sugar Company recorded in Book 1547 at Page 612 of the Weld County records. • 6. Rights of Way for roads, ditches and power lines as now • located upon said premises. . _ 7. Patent reservations contained in deed recorded in Book 1395 at Page 108 of the Weld County records. 8. A reservation to the grantors of the mineral rights owned by them. .y in , •eldmared:tags 29th day of October, 1965. f. =ate'-3>:_- :Anon.n-i- '1��y-//� weeMO tonrnr:ar_ e • � NY•e•�s Imp' _Ma SOW= n Aitergo t •. Tiara Aitergott I STATE OF COLORADO ) SS OF WELD ) a�' , "4•.,6The foregoing instrument was acknowledged before me this 29th . 'wig{ October, 1965, by Harry Altergott and Flora Altergott. ; t?,a`t ITNESS my hand and off clal ,weak. p/� . `% .commission expires: �a ,/0 ‘ � C`'L4✓2 - `w�f'et"ti4 ; Ro ary c S *R225311.6 B 1301 AEC 02253166 06/13/91 09;57 x10.00 1/002 P 1698 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO QUIT CLAIM DEED THIS DEED, Made this eriilay of rn —,�, I , 1991,between MICE ALTERGOTT and DOROTHY M. AL2'ERGOTT (Also Known As DOROTHY ALTERGOTT) grantors, and MICE ALTERGOTT and DOROTHY ALTERGOTT, As Trustees for the JACOB AND DOROTHY ALTERGOTT LOVING* TRUST, dated April 8, 1991,whose street address is 9535 Eastman Park Drive,Windsor, County of Weld, State • of Colorado, grantee, WITNESSETH, That the grantors, for no consideration but the convenience of the parties has remised, released, conveyed and QUIT CLAIMED, and by these presents does remise, release, convey and QUIT CLAIM unto the grantee, his heirs and assigns forever, all the right, tide, interest, claim and demand which the grantor has in and to the real property together with improvements, if any,situate, lying and being in the County of Weld, and the State of Colorado, described as follows: • The East Half of the Southwest Quarter (EL/2SW1/4) and the Southeast Quarter (SEl/4) of Section Twenty-two (22),Township Six(6) North, Range Sixty-seven (67) West of the Sixth Principal Meridian, excepting, however, a strip of land 33 feet wide and 80 rods long off the North side of the E1/2SW1/4 of said Section as described in Book 181 at page 477 of the records in the office of the County Clerk and Recorder of Weld County, Colorado. All water rights and ditch and ditch right used in the irrigation of the East Half of the Southwest Quarter (#1/2SW1/4) and the Southeast Quarter (SE1/4) of Section Twenty-two (22), Township Six(6) North, Range Sixty-seven (67) West of the Sixth Principal Meridian, including all of Grantors interest in and to a certain water deed and memorandum of agreement dated June 12, 1905 and recorded June 16, 1905 in Book 228 at Page 187 of the Weld County records which water rights consist of the right to two cubic feet of water per second of time during the irrigation season. Said water to be delivered from said Lake Supply Reservoir through the measuring weir in Section 21,Township 6 North, Range 67 West of the 6th P.M.,together with a strip of land 33 feet wide and 80 rods long off the North side of the E1/2SW1i4 of said Sec.22 as described in a deed recorded in Book 181 at Page 477 of the recurds in the office of the County Clerk and Recorder in Weld county, Colorado Subject, however, to the following: 1. A right of way for Teller lateral as described in Bouk 200 at page 535 of the Weld County records. 2. A right of way for water line to the City of Greeley by contract recorded in Book 938 at Page 601. B 1301 EEC 02253166 06/13/91 09;57 010.00 2/002 F 1699 NARY ANN FBUERSTEIN CLERIC i RECORDER WELD CO, CO 3. An Easement Agreement with the Great Western Sugar Company recorded in • Book 1547 at Page 612 of the Weld County records 4. Rights of way for road, ditches and power lines as now located upon said premises. 5. Patent reservations contained in deed recorded in Book 1395 at Page 108 of the • Weld County records. 6. All outstanding mineral interests of record. TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto belonging,or in anywise thereunto appertaining, and all the estate, right, title,interest and claim whatsoever, of the grantor, either in law or equity, to the only proper use, benefit and behoof of the grantee, his heirs and assigns forever. The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. l .. WITNESS the hands and seals of the Grantors. Attest: dKE ALTERGOTT, urantor DOROTHY AL GOTT, Granybr STATE OF COLORADO ss. COUNTY OF WELD The foregoing quit claim deed was acknowledged before me on '4 -9 1 ,by TAKE ALTERGOTT and DOROTHY ALTERGOTT. Witness my hand and official seal. Notary Public �J :MARTHA K. My commission expires: January 2₹•1995 HORWITZ • • :. f 4 l�i . = .: . Ncy,:g , . ,, 1.014 J �i1V G�CI a /. 4 •‘: , ...• ,irensmi, _ . .... 7. 2. = , , , „ . . : . . ...„ .. ..,, , _ .,itinn '''- 4.114. _ - "‘-lritli : i frie-pi �\ i s.r 2 [tF hit 1 Ilia' s: ,n zi.S..' A y. y Inc T :',E2., , / .,�" � ter' �' u ::2Y. girt' o c it 1. \ 'J. i. Ya*' i T' �.�.1 r w0..:. i x � ,. j :... ii,.. PN IIii.ii: .' _,�{ ` may! ' I .4JI . fL'tt -4 - aAi:li4.4'" •, h I 'Eat ,+a , . • • WELD COUNTY, COLORADO, SOUTHERN PART 11 lli`eeded at the time of planting and during dry periods. cover. For pheasants, undisturbed nesting cover is essen- Trees that are best suited and have good survival are tial and should be included in plans for habitat develop- Rocky Mountain juniper, eastern redcedar, ponderosa merit, especially in areas of intensive agriculture. pine, Siberian elm, Russian-olive, and hackberry. The This sots has good potential for urban and recreational shrubs best suited are skunkbush sumac, lilac, and Siberi- development Increased population growth in the survey ; ,s an peashrub. area has resulted in increased homesite construction. The Wildlife is an important secondary use of this soil. The chief limiting soil features for urban development are the cropland areas provide favorable habitat for ring-necked shrink-swell potential of the subsoil as it wets and dries pheasant and mourning dove. Many nongame species can and the limited ability of this soil to support a load. Septic be attracted by establishing areas for nesting and escape tank absorption fields function properly, but community cover. For pheasants, undisturbed nesting cover is essen- sewage systems should be provided if the population den- tial and should be included in plans for habitat develop- sity increases. Because of the moderately rapid permea- ment. Rangeland wildlife, for example, the pronghorn an- bility of the substratum, sewage lagoons must be sealed. telope, can be attracted by developing livestock watering Lawns, shrubs, and trees grow well. Capability class I ir- facilities, managing livestock grazing, and reseeding rigated. where needed. 9—Ascalon loam, 1 to 3 percent slopes. Few areas of this Ascalon soil are in major growth and This is toa deep,,900 urbanized centers. The shrink-swell potential of the sub- well drained esdil on terraces vim at elevations sitedy theo major rivers feet. It formed in alluvium deposited by rivers soil as it wets and dries is the most limiting soil feature in the survey area. Included in mapping are small areas that must be considered in planning homesites and con- where sand and gravel are within a depth of 60 inches. structing roads. Capability subclass IVs nonirrigated; Also included are small areas of soils that have a clay Sandy Pla' site. `8—As r.,, loam subsoil. . This is a deep, Typically the surface layer of this Ascalon soil is brown well drained soil on terraces at elevations of 4,500 to 4,900 loam about 10 inches thick. The subsoil is brown and yel- feet. It formed in alluvium deposited by the major rivers lowish brown sandy clay loam about 15 inches thick. The in the survey area. Included in mapping are small areas where sand and gravel are within a depth of 60 inches. substratum to a depth of 60 inches is calcareous sandy Also included are small areas of soils that have a clay loam. loam subsoil. Permeability is moderate. Available water capacity is Typcially the surface layer of this Ascalon soil is brown high. The effective rooting depth is 60 inches or more. loam about 10 inches thick. The subsoil is brown and yel- Surface runoff is medium, and the erosion hazard is low. This soil is used almost entirely for irrigated crops. It lowish brown sandy clay loam about 15 inches thick. The substratum to a depth 60 inches is calcareous sandy loam. is suited to all crops commonly grown in the area, includ- ing corn, sugar beets, beans, alfalfa, small grain, potatoes, Permeability is moderate. Available water capacity is high. The effective rooting depth is 60 inches or more. and onions. An example of a suitable cropping system is 3 to 4 years of alfalfa followed by corn, corn for silage, Surface runoff is slow, and the erosion hazard is low. This soil is used almost entirely for irrigated crops. It sugar beets, small grain, or beans. Land leveling, ditch is suited to all crops commonly grown in the area, includ- lining, and installing pipelines may be needed for proper ing corn, sugar beets, beans, alfalfa, small grain, potatoes, water application. and onions. An example of a suitable cropping system is 3 All methods of irrigation are suitable, but furrow ir- to 4 years of alfalfa followed by corn, corn for silage, rigation is the most common. Barnyard manure and com- sugar beets, small grain, or beans. Few conservation prac- mercial fertilizer are needed for top yields. tices are needed to maintain top yields. Windbreaks and environmental plantings of trees and All methods of irrigation are suitable, but furrow ir- shrubs commonly grown in the area are generally well rigation is the most common. Barnyard manure and com- suited to this soil. Cultivation to control competing mercial fertilizer are needed for top yields. vegetation should be continued for as many years as Windbreaks and environmental plantings are generally possible following planting. Trees that are best suited and well suited to this soil. Cultivation to control competing have good survival are Rocky Mountain juniper, eastern vegetation should be continued for as many years as redcedar, ponderosa pine, Siberian elm, Russian-olive, and possible following planting. Trees that are best suited and hackberry. The shrubs best suited are skunkbush sumac, have good survival are Rocky Mountain juniper, eastern lilac, Siberian peashrub, and American plum. redcedar, ponderosa pine, Siberian elm, Russian-olive, and Wildlife is an important secondary use of this soil. The hackberry. The shrubs best suited are skunkbush sumac, cropland areas provide favorable habitat for ring-necked lilac, Siberian peashrub, and American plum. pheasant and mourning dove. Many nongame species can Wildlife is an important secondary use of this soil. The be attracted by establishing areas for nesting and escape cropland areas provide favorable habitat for ring-necked cover. For pheasants, undisturbed nesting cover is essen- pheasant and mourning dove. Many nongame species can tial and should be included in plans for habitat develop- be attracted by establishing areas for nesting and escape ment, especially in areas of intensive agriculture. •W' • COUNTY, COLORADO, SOUTHERN PART 23 Windbreaks and environmental plantings of trees and The potential native vegetation is dominated by blue shrubs commonly grown in the area are generally well grama. Several mid grasses, such as western wheatgrass suited to this soil. Cultivation to control competing and needleandthread, are also present. Potential produc- vegetation should be continued for as many years as tion ranges from 1,600 pounds per acre in favorable years possible following planting. Trees that are best suited and to 1,000 pounds in unfavorable years. As range condition have good survival are Rocky Mountain juniper, eastern deteriorates, the mid grasses decrease; blue grama, buf- redcedar, ponderosa pine, Siberian elm, Russian-olive, and falograss, snakeweed, yucca, and fringed sage increase; hackberry. The shrubs best suited are skunkbush sumac, and forage production drops. Undesirable weeds and an- Siberian peashrub, lilac, and American plum. nuals invade the site as range condition becomes poorer. Wildlife is an important secondary use of this soil. The Management of vegetation on this soil should be based cropland areas provide favorable habitat for ring-necked on taking half and leaving half of the total annual produc- pheasant and mourning dove. Many nongame species can tion. Seeding is desirable if the range is in poor condition. be attracted by establishing areas for nesting and escape Sideoats grama, little bluestem, western wheatgrass, blue cover. For pheasants, undisturbed nesting cover is essen- grama, pubescent wheatgrass, and crested wheatgrass are tial and should be included in plans for habitat develop- suitable for seeding. The grass selected should meet the ment, especially in areas of intensive agriculture. seasonal requirements of livestock. It can be seeded into This soil has good potential for urban and recreational a clean, firm sorghum stubble, or it can be drilled into a development. Increased population growth in the survey firm prepared seedbed. Seeding early in spring has area has resulted in increased homesite construction. The proven most successful. chief limiting feature for urban development and road Windbreaks and environmental plantings of trees and construction is the limited capacity of the soil to support shrubs commonly grown in the area are generally well suited to this soil. Cultivation to control competing a load. Septic tank absorption fields function properly, but vegetation should be continued for as many years as community sewage systems should be provided if the possible following planting. Trees that are best suited and population density increases. Because of the permeability have good survival are Rocky Mountain juniper, eastern of the substratum, sewage lagoons must be sealed. redcedar, ponderosa pine, Siberian elm, Russian-olive, and Lawns, shrubs, and trees grow well. Capability class I ir- hackberry. The shrubs best suited are skunkbush sumac, rigated. lilac, Siberian peashrub, and American plum. '32—Kim loam, 1 to 3 percent slopes.This is a deep, Wildlife is an important secondary use of this soil. The well drained soil on smooth plains and alluvial fans at elevations of 4,900 to 5,250 feet. It formed in mixed eolian cropland areas provide favorable habitat for ring-necked pheasant and mourning dove. Many nongame species can deposit and parent sediment from a wide variety of be attracted by establishing areas for nesting and escape bedrock. Included in mapping are small areas of soils that cover. For pheasants, undisturbed nesting cover is essen- have loamy sand underlying material. tial and should be included in plans for habitat develop- Typically the surface layer is brown and pale brown ment, especially in areas of intensive agriculture. Range- loam about 12 inches thick. The upper 28 inches of the un- land wildlife, for example, the pronghorn antelope, can be derlying material is pale brown loam. The lower part to a attracted by developing livestock watering facilities, depth of 60 inches is pale brown fine sandy loam. managing livestock grazing, and reseeding where needed. Permeability is moderate. Available water capacity is .eeil,ltae good potentint for urban and recreational high. The effective rooting depth is 60 inches or more. development, Increased population growth in the survey Surface runoff is medium, and the erosion hazard is low. area has resulted in increased homesite construction. The In irrigated areas this soil is suited to all crops corn- chief limiting soil feature for urban development and road monly grown in the area, including corn, sugar beets, construction is the limited capacity of this soil to support beans, alfalfa, small grain, potatoes, and onions. An exam- a load. Septic tank absorption fields function properly, but ple of a suitable cropping system is 3 to 4 years of alfalfa community sewage systems should be provided if the followed by corn, corn for silage, sugar beets, small grain, population density increases. Because of the permeability or beans. Land leveling, ditch lining (fig. 6), and installing of the substratum, sewage lagoons must be sealed. pipelines may be needed for proper water applications. Lawns, shrubs, and trees grow well. Capability subclass All methods of irrigation are suitable, but furrow ir- IIe irrigated, IVe nonirrigated; Loamy Plains range site. rigation is the most common. Barnyard manure and com- 33—Kim loam, 3 to 5 percent slopes. This is a deep, mercial fertilizer are needed for top yields. well drained soil on plains and alluvial fans at elevations In nonirrigated areas this soil is suited to winter wheat, of 4,900 to 5,250 feet. It formed in mixed eolian deposits barley, and sorghum. Most of the acreage is planted to and parent sediment from a wide variety of bedrock. In- winter wheat and is summer fallowed in alternate years eluded in mapping are small areas of soils that have to allow moisture accumulation. Generally precipitation is loamy sand underlying material. too low for beneficial use of fertilizer. Typically the surface layer is brown and pale brown Stubble mulch farming, striperopping, and minimum til- loam about 10 inches thick. The upper 28 inches of the un- lage are needed to control soil blowing and water erosion. derlying material is pale brown loam. The lower part to a Terracing also may be needed to control water erosion. depth of 60 inches is pale brown fine sandy loam. • • WELD D COUNTY, COLORADO, SOUTHERN PART 31 attracted by developing livestock watering facilities, establishing trees and shrubs, can be controlled by cul- managing livestock grazing and reseeding where needed. tivating only in the tree row and by leaving a strip of This soil has good potential for urban development. The vegetation between the rows. Supplemental irrigation only limiting feature is the moderately rapid permeability may be needed at the time of planting and during dry in the substratum, which causes a hazard of ground water periods. Trees that are best suited and have good survival contamination from sewage lagoons. The loamy sand sur- are Rocky Mountain juniper, eastern redcedar, ponderosa face layer is a limitation for recreational development. pine, Siberian elm, Russian-olive, and hackberry. The Once established, the lawns, shrubs, and trees grow well. shrubs best suited are skunkbush sumac, lilac, and Siberi- Capability subclass IIIe irrigated, IVe nonirrigated; an peashrub. Sandy Plains range site. Wildlife is an important secondary use of this soil. The 45—Olney loamy sand, 3 to 5 percent slopes. This is a cropland areas provide favorable habitat for ring-necked deep, well drained soil on plains at elevations of 4,600 to pheasant and mourning dove. Many nongame species can 5,200 feet. It formed in mixed outwash deposits. Included be attracted by establishing areas for nesting and escape in mapping are small areas of soils that have sandstone cover. For pheasants, undisturbed nesting cover is essen- and shale within a depth of 60 inches and some small tial and should be included in plans for habitat develop- leveled areas. ment, especially in areas of intensive agriculture. Range- Typically the surface layer of this Olney soil is grayish land wildlife, for example, the pronghorn antelope, can be brown loamy sand about 7 inches thick. The subsoil is yel- attracted by developing livestock watering facilities, lowish brown and very pale brown sandy clay loam about managing livestock grazing, and reseeding where needed. 14 inches thick. The substratum to a depth of 60 inches is This soil has good potential for urban development. The very pale brown, calcareous fine sandy loam. only limiting feature is the moderately rapid permeability Permeability and available water capacity are in the substratum, which causes a hazard of ground water moderate. The effective rooting depth is 60 inches or contamination from sewage lagoons. The loamy sand sur- more. Surface runoff is slow, and the erosion hazard if face layer is a limitation for recreational development. low. Once established, the lawns, shrubs, and trees grow well. In irrigated areas this soil is suited to the crops com- Capability subclass IIIe irrigated, VI nonirrigated; Sandy monly grown in the area. Perennial grasses and alfalfa or Plains range site. close grown crops should be grown at least 50 percent of 46—Olney fine sandy loam, 0 to 1 percent slopes. the time. Close grown crops and pasture can be irrigated This is a deep, well drained soil on smooth plains at eleva- with contour ditches and corrugations. Furrows, contour tions of 4,600 to 5,200 feet. It formed in mixed outwash furrows, and cross slope furrows are suitable for row deposits. Included in mapping are small areas of soils that crops. Sprinkler irrigation is also desirable. Keeping til- have a dark surface layer and some small leveled areas. lage to a minimum and utilizing crop residue help to con- Typically the surface layer of this Olney soil is grayish trol erosion. Maintaining fertility and organic matter con- brown fine sandy loam about 10 inches thick. The subsoil tent is important. Crops respond to barnyard manure and is yellowish brown and very pale brown sandy clay loam commercial fertilizer. about 15 inches thick. The substratum to a depth of 60 The potential native vegetation on this range site is inches is very pale brown, calcareous fine sandy loam. dominated by sand bluestem, sand reedgrass, and blue Permeability and available water capacity are grama. Needleandthread, switchgrass, sideoats grama, moderate. The effective rooting depth is 60 inches or and western wheatgrass are also prominent. Potential more. Surface runoff is slow, and the erosion hazard is production ranges from 2,200 pounds per acre in favora- low. ble years to 1,800 pounds in unfavorable years. As range This soil is used almost entirely for irrigated crops. It condition deteriorates, the sand bluestem, sand reedgrass, is suited to all crops commonly grown in the area, includ- and switchgrass decrease and blue grama, sand dropseed, ing corn, sugar beets, beans, alfalfa, small grain, potatoes, and sand sage increase. Annual weeds and grasses invade and onions. An example of a suitable cropping system is 3 the site as range condition becomes poorer. to 4 years of alfalfa followed by corn, corn for silage, Management of vegetation on this soil should be based sugar beets, small grain, or beans. Few conservation prac- on taking half and leaving half of the total annual produc- tices are needed to maintain top yields. tion. Seeding is desirable if the range is in poor condition. All methods of irrigation are suitable, but furrow ir- Sand bluestem, sand reedgrass, switchgrass, sideoats rigation is the most common. Barnyard manure and com- grama, blue grama, pubescent wheatgrass, and crested mercial fertilizer are needed for top yields. wheatgrass are suitable for seeding. The grass selected Windbreaks and environmental plantings are generally should meet the seasonal requirements of livestock. It can suited to this soil. Soil blowing, the principal hazard in be seeded into clean, firm sorghum stubble, or it can be establishing trees and shrubs, can be controlled by cul- l' drilled into a firm prepared seedbed. Seeding early in tivating only in the tree row and by leaving a strip of spring has proven most successful. vegetation between the rows. Supplemental irrigation Windbreaks and environmental plantings are generally may be needed at the time of planting and during dry suited to this soil. Soil blowing, the principal hazard in periods. Trees that are best suited and have good survival • S 32 SOIL SURVEY are Rocky Mountain juniper, eastern redcedar, ponderosa ble years to 1,800 pounds in unfavorable years. As range pine, Siberian elm, Russian-olive, and hackberry. The condition deteriorates, the sand bluestem, sand reedgrass, shrubs best suited are skunkbush sumac, lilac, and Siberi- and switchgrass decrease and blue grama, sand dropseed, an peashrub. and sand sage increase. Annual weeds and grasses invade Wildlife is an important secondary use of this soil. The the site as range condition becomes poorer. cropland areas provide favorable habitat for ring-necked Management of vegetation on this soil should be based pheasant and mourning dove. Many nongame species can on taking half and leaving half of the total annual produc- be attracted by establishing areas for nesting and escape tion. Seeding is desirable if the range is in poor condition. cover. For pheasants, undisturbed nesting cover is essen- Sand bluestem, sand reedgrass, switchgrass, sideoats tial and should be included in plans for habitat develop- grama, blue grama, and pubescent wheatgrass are suita- ment, especially in areas of intensive agriculture. ble for seeding. The grass selected should meet the &apid expansion of Greeley and the surrounding area seasonal requirements of livestock. It can be seeded into has resulted in urbanization of much of this Olney soil. a clean, firm sorghum stubble, or it can be drilled into a This soil has good potential for urban and recreational firm prepared seedbed. Seeding early in spring has development. The only limiting feature is the moderately proven most successful. rapid permeability in the substratum, which causes a Windbreaks and environmental plantings are generally hazard of ground water contamination from sewage suited to this soil. Soil blowing, the principal hazard in lagoons. Lawns, shrubs, and trees grow well. Capability establishing trees and shrubs, can be controlled by cul- class I irrigated. tivating only in the tree row and by leaving a strip of 47—Olney fine sandy loam, 1 to 3 percent slopes. vegetation between the rows. Supplemental irrigation This is a deep, well drained soil on plains at elevations of may be needed at the time of planting and during dry 4,600 to 5,200 feet. It formed in mixed outwash deposits. periods. Trees that are best suited and have good survival Included in mapping are small areas of soils that have a are Rocky Mountain juniper, eastern redcedar, ponderosa dark surface layer. Some small leveled areas are also in- pine, Siberian elm, Russian-olive, and hackberry. The eluded. shrubs best suited are skunkbush sumac, lilac, and Siberi- Typically the surface layer of this Olney soil is grayish an peashrub. brown fine sandy loam about 10 inches thick. The subsoil Wildlife is an important secondary use of this soil. The is yellowish brown and very pale brown sandy clay loam cropland areas provide favorable habitat for ring-necked about 14 inches thick. The substratum to a depth of 60 pheasant and mourning dove. Many nongame species can inches is very pale brown, calcareous fine sandy loam. be attracted by establishing areas for nesting and escape Permeability and available water capacity are cover. For pheasants, undisturbed nesting cover is essen- moderate. The effective rooting depth is 60 inches or tial and should be included in plans for habitat develop- more. Surface runoff is medium, and the erosion hazard is ment, especially in areas of intensive agriculture. Range- low, land wildlife, for example, the pronghorn antelope, can be In irrigated areas this soil is suited to all crops com- attracted by developing livestock watering facilities, monly grown in the area, including corn, sugar beets, managing livestock grazing, and reseeding where needed. beans, alfalfa, small grain, potatoes, and onions. An exam- Rapid expansion of Greeley and the surrounding area ple of a suitable cropping system is 3 to 4 years of alfalfa !has resulted in urbanization of much of the Olney sdil. followed by corn, corn for silage, sugar beets, small grain, This soil has good potential for urban and recreational or beans. Land leveling, ditch lining, and installing development. The only limiting feature is the moderately pipelines may be needed for proper water application. All rapid permeability in the substratum, which causes a methods of irrigation are suitable, but furrow irrigation is hazard of ground water contamination from sewage the most common. Barnyard manure and commercial fer- lagoons. Lawns, shrubs, and trees grow well. Capability tilizer are needed for top yields. subclass Ile irrigated, IVe nonirrigated; Sandy Plains In nonirrigated areas this soil is suited to winter wheat, range site. barley, and sorghum. Most of the acreage is planted to 48—Olney fine sandy loam, 3 to 5 percent slopes. winter wheat. The predicted average yield is 28 bushels This is a deep, well drained soil on plains at elevations of per acre. The soil is summer fallowed in alternate years 4,600 to 5,200 feet. It formed in mixed outwash deposits. to allow moisture accumulation. Generally precipitation is Included in mapping are small areas of soils that have a too low for beneficial use of fertilizer. dark surface layer and small areas of soils that have Stubble mulch farming, striperopping, and minimum til- sandstone and shale within a depth of 60 inches. lage are needed to control soil blowing and water erosion. Typically the surface layer of this Olney soil is grayish Terracing also may be needed to control water erosion. brown fine sandy clay loam about 8 inches thick. The sub- The potential native vegetation on this range site is soil is yellowish brown and very pale brown fine sandy dominated by sand bluestem, sand reedgrass, and blue loam about 12 inches thick. The substratum to a depth of grama. Needleandthread, switchgrass, sideoats grama, 60 inches is very pale brown, calcareous fine sandy loam. and western wheatgrass are also prominent. Potential Permeability and available water capacity are production ranges from 2,200 pounds per acre in favora- moderate. The effective rooting depth is 60 inches or • • Cl) u1 G 00 in LL1 r 0 0 0 — T 0 I I ■ I I y ,v O OO 'T a a _ '0 2 \ 0 r., ell V, N O _ O E C 0 1 C _. 0 `m C U U 0 c W pp 1- C N . g \ < W NO el O m C 3 1-. P C• r a O u < \ N 2 C m 3 3 e Z O LL W 00 ry O O O oo o > 2 W \ ►eM1 .. F C a ca S .O I-- c•• 1 In C n' N - O n 1 ? 4O v ac y < E � H W O 0 = vli IS'Su z a � Iaw .... SW = VI =Ca < 1p 6. c .- 'O a ,•=7„ m W or- 0 < WWI-1 = S o 11 0 ON CF- W M2 m , O a n C ,s g Cl. l••• JS - JO1► JO ,-� 0 Z ,0 , H 5 a J C W r.I C O M < J M L oo �"I O. m < a -a-_ CO m CO ♦ > omU _ \ I W S. a QO in G z W M1I0 v� wCueJ 9m= 1- d r. I < ¢ "= y o c) w o M 1- < F- J 20≥ f- � M1 ≥ N - : 'm C O y N CO 0 S < O « C�:J �.C O I It% o. 1 U d > UJ 2 IL , H cc a3 3 y a U i M1 COO! M1 III . I J 0 r• 000I '. O d w \ C ry ry a ¢ a E >. I . c 1 C —6 U 8 .- z .0 Z v W O . 4 N H C • r fie' p < W a li H S S O M O 0 C c < \ V1 3 3 ' 3 0 1 C C W O O ry Z IN 0 I i ,_1 SO F— l\ � _ O ' I r x N 1� O Vf 1 O z Y1 = U ! cc i X i 0; L Ey M W p < 0 1 S w e 1 Or his M7 0, le 2S J M Z v a ! < I= �,. �. W W uzM O I SIB I p 1 rrS W .. T_ o _ C W J H a Z d N I 0- J O 1a. J V -c.3 w a -" ,.ol J o W .. w w _ - m s ��N Q �. \ `i MI¢ = d • 0 00 � : N W % WJ GLC7 (n c O io- a !acc 3cn 5Om ,. S < O < t M C m 3 u • • .. Hello