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'�F151 cg E E km EB18HE8 `bJEEEEEEEE€EEEEEEH a`s� 8$.61,$8 IRE $x° a gg 9C9(9 3.9ir0 Y / 995161 Ni Cr rSO l a • • 0 DEPARTMENT SERVICES RECORDED EMPTION COLORADO ADMINISTRATIVE REVIEW Applicant: William Schneider Case Number: RE-2430 Planner JAC Legal Description: Part of the SE4 of Section 2, T4N, R66W of the 6th P.M., Weld County, CO. Parcel Identification Number: 105702000088 • Lot C Size: n/a Lot B Size: 14 +/-acres Lot A Size: 3 +/-acres Water Source: Central Weld County Water District Sewer Source: Septic System Meets Criteria Criteria Checklist Yes No X 1. Conformance with the Weld County Comprehensive Plan and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 11.8 of the Weld County Subdivision Ordinance. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Department of Planning Services has determined through the review, that the standards of Section 11.4.2.1 through 11.4.2.6 of the Weld County Subdivision Ordinance have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of the County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2. Prior to recording the plat: A. Due to the prime agricultural soils on Lot B, the applicant shall submit a proposed building envelope to the Department of Planning Services for review. Upon approval by the Department of Planning Services, the building envelope shall be delineated on the plat. art -3 I as- • • B. A 30-foot wide joint access easement extending across SE-758 from Weld County Road 35, for the benefit of Lot A, shall be clearly shown on the plat. Lot B shall obtain it's own access, south of the Union Pacific Railroad Right of Way and not utilize the joint access across Lot A and the Subdivision Exemption lot, as originally proposed. The applicant shall submit to the Department of Planning Services a recorded copy of an access agreement signed by all owners of property which is crossed by the access. The access shall be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and Recorders reception number. The joint access easement shall be dedicated for the use as shown utilizing the language set forth in Section 11.7.1.12.5 of the Weld County Subdivision Ordinance. C. In accordance with Weld County Public Works Ordinance #180, Lots A and B shall be granted one residential/agricultural access. No circle drives or additional accesses shall be granted. The access will be placed in such a location to have adequate sight distance in both directions and not below the crest of a hill or where physical obstructions are present. These roads will be graded and drained to provide all weather access. D. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Public Works Department to determine if a culvert is necessary at any approved access point. If a drainage culvert is required, a 15-inch CMP is the County minimum size. If the applicant chooses to place a larger culvert, please contact the Public Works Department to adequately size your culvert. E. The applicant shall contact the Union Ditch Company (Gary Alles, President @ 970/339-5272) and make a good faith effort to address the concerns of the Ditch Company. Evidence of such efforts shall be submitted to the Department of Planning Services. If such agreement includes an access and/or maintenance easement, such easement shall be delineated on the plat and an easement certificate utilizing the language set forth in Section 11.7.1.12.5 of the Weld County Subdivision Ordinance shall be included. F. The applicant shall attempt to address the requirements of the Town of LaSalle as stated in a referral response received March 8, 1999, and submit evidence of such efforts to the Department of Planning Services. G. The applicant shall indicate on the plat, type of right-of-way or easement, dedicated, private or by a deed to provide adequate access to the parcel. Section line accesses are considered private lanes with no county maintenance. H. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (Ordinance 89, as amended), the required setback is measured from the future right-of-way line. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Staff supports this application for Recorded Exemption however subsequent Recorded Exemptions on adjacent properties will raise the issue of compliance with the intent of the Recorded Exemption process.Approval of this Recorded Exemption does not guarantee approval of future applications on adjacent properties. 4) Prior to the issuance of a building permits on Lots A and B of the recorded exemption, the applicant for the building permit shall be required to submit to the Department of Planning Services, evidence that the lots have an adequate water supply of sufficient quality, quantity and dependability. 5) Prior to the release of building permits on Lot A and B, the applicant will be required to submit a recorded deed describing the lot upon which the building permit is requested with the building permit application. The legal description on such deed shall include the lot and recorded exemption number. 411 6) Should noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Ordinance 169A. 7) RIGHT TO FARM COVENANT • Weld County is one of the most productive agricultural counties in the United States. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off-site impacts, including noise from tractors and equipment; dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved"out of the way" of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 3,700 miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 3. Any proposed subdivision adjacent to or contained within this recorded exemption may be considered to be urban scale development. Urban scale infrastructure may be required. 4. 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 C ' _ Date March 26. 1999 Julie A. Chester + Current Planner rs DEPARTMENT OF PLANNING SERVICES WIlD PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 C. WELD COUNTYADMIN1555 N.ISTRATIVE COLORADO 7THVENUE GRE COLORADO September 28, 1999 Jack Schneider 1212 8th Avenue Greeley, CO 80631 Subject: Buildable site located in part of Section 2, T4N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. Schneider: This letter is in reference to your letter dated September 28, 1999 and our conversation on the same day, regarding the buildability of a site with the dimensions stated in your letter(58' X 750'). The setbacks would be 20'from the property line on the east side of the parcel, and a minimum of 3' or 1'for every 3' of building height. With the example of an 18' building height, 46'would be left for the width of the building. This is an adequate, buildable site in regard to setbacks and offsets, however, it may not be the most desirable configuration of a lot. (Please see enclosed drawing for example). If I can be of further assistance, please feel free to contact me at the above address or telephone number. Sincerely, Julie A. Chester Lead Planner pc: RE-2430, SE-758 Enclosure 0 r► Jack Schneider 2137 21st Avenue, Greeley, CO 80631 Home Phone: (970)353-1063 FAX: (970)356-8043 September 28, 1999 Weld County Planning and Zoning Department 1400 North 17`° Avenue Greeley, CO 80631 Dear Planner: I have a question for which I would appreciate some clarification. On property I own,there has been a doubt raised that a site with the following parameters would be "buildable" within the Weld County; Zoning Ordinance. The parcel's dimensions are 58' x 750'. As an example,could a 1,200 square foot house with the dimensions of 20'x 60',and a maximum height of 18' be built on this site? It is my belief that by building the home 6' from one of the lengthwise boundaries (the minimum allowed by County regulations), and placing the home lengthwise with the lot would allow 32' set-back from the front of the home to the other boundary. As long as all other County requirements are met,would the county permit a home to be built on this site? Thank you for clarifying this issue. S.ncerely, try) Jack Schneider , • -,:,N 6, 0 c ,,t -. . _ - -=c: .---i• — _5 ___3cli ---el (1-- ---- ______ _\___g___y 4 ,.mac 3 FAX TRANSMISSION WELD COUNTY PLANNING DEPARTMENT 1 555 N. 17TH AVENUE GREELEY, CO 80631 970-353-6100 X3540 FAX: To: Jackie Johnson Date: May 27, 1999 Fax #: 352-3165 Pages: 4, including this cover sheet. From: Julie A. Chester, Lead Planner Subject: Schneider RE-2430 COMMENTS: Here are the letters you requested. No charge this time, however, a new policy in the office $1.25 per page for copies (even faxed). Thanks. Julie • • 416Ce* MEMORANDUM wineTO: Board of County Commissioners May 7, 1999 COLORADO From: Julie A. Chester, Lead Planner/ SUBJECT: Change to Conditions of Approv tfil:RE-2430 On March 25, 1999, the Department of Planning Services' staff approved Recorded Exemption 2430, with conditions. A portion of one of the conditions of approval (2.B.), cannot be met by the applicant. More specifically, Lot B of the Recorded Exemption needed to obtain it's own access along the Union Pacific Railroad Right-of-way and also cross the railroad tracks to the parcel. Historically this parcel has utilized this access, however, there was never an access easement agreement in place. The applicant was not able to obtain this easement agreement and is requesting an alternative access. The applicant is requesting to cross the SE lot and Lot A of RE- 2430 (see map with application) and construct a new road for all three lots with only one access to WCR 35. Jay Freese, Surveyor for the applicant, has indicated that there is adequate space between the Union Ditch and the Railroad right-of-way to construct a road to serve all three lots. This change is contrary to what was originally approved by staff and it was determined that the Board of County Commissioners should evaluate this change. Staff is requesting the Board consider the change of the access for RE-2430. Thank you for your consideration in this matter. Freese Engineering ENGINEERING CONSULTANTS MAILING ADDRESS:BOX 913 JASPER"JAY"FREESE OFFICE:1523 6th Avenue REGISTERED PROFESSIONAL ENGINEER GREELEY, COLORADO 80632 REGISTERED LAND SURVEYOR PHONE:(970)352-0100 May 5, 1999 Ms Julie Chester Weld County Planning Department 1555 North 17th Avenue Greeley, Colorado 80631 SUBJECT: Proposed Recorded Exemption Part of the Southeast Quarter, Section 2,Township 4 North,Range 66 West. On May 4,I made a physical inspection of the proposed Recorded Exemption site. At the narrowest point of the Recorded Exemption the Union Ditch is approximately 18 feet wide. Allowing for a 40 foot right- of-way this would leave a requirement of 11 feet on the south side of the ditch. My measurements indicate that there will be adequate space to construct a 30 foot access road to Lot"W of the Recorded Exemption and not infringe upon either the 40 foot ditch right-of-way to the north or the 150 foot right-of-way of the Union Pacific Rail Road to the south. If yo ' e ' [bens please contact me. Res 11 su. r., 4t4 e • Weld County Planning Dept. r.tk? 05 1999 RECEIVED JF: 1999-20 Jack Schneider 2137 21st Avenue, Greeley, CO 80631 Home Phone: (970)353-1063 FAX: (970)356-8043 April 29, 1999 O Mr. Gary Alles,President Union Ditch Board 26285 WCR 47 Greeley, CO 80631 RE: RE 2430—Requests from Weld County Planning and Zoning Department Dear Mr. Alles: Thank you for organizing the April 28, 1999 afternoon meeting with the Union Ditch Board members at my farm site. It was helpful for me to explain and for everyone to visualize what effect Weld County's granting me the right to have one additional agricultural-zoned acreage on my farm would have on the operation of the Union Ditch. At the same time, everyone could see that the placement of my access road will not interfere with its ability to deliver water, but in fact, may enhance your ability through easier access to parts of the ditch where there is now no access by road at all. I heard no one voice any concerns that the Ditch Company would be losing its ability to maintain the ditch or that I would infringe on any of the water rights of the Company. I did hear a couple of the members on the Board voice the desire to demand that a fence be built along my agricultural- zoned land. I would have no problem with that if it is the Ditch Company's policy that all agricultural-zoned land next to the ditch be fenced and then is fenced. I have noticed,however,that some farms do have fences, while many do not, even where the ditch goes through the farm yard! Rather than having a policy of demanding that fences be placed on agricultural-zoned land, and in an attempt to protect the Union Ditch Company from having to assume responsibility for safety issues surrounding the ditch,it would seem to me to make more sense that the responsibility should be placed on each landowner by their being allowed a choice of either installing a fence or not. I would suggest that the Union Ditch Board pass a resolution to the effect that all the agricultural- zoned farm land that has boundaries on the ditch be granted permission to build a fence at their discretion next to the ditch right-of-way. That way,it makes the landowners responsible for fencing and each agricultural landowner along the ditch can determine whether a fence would be an asset or liability on his land. Gary Alles, President Union Ditch Board April 29, 1999 Page 2 With that in mind, this letter is to formally request that at the next Board meeting, you obtain permission from the Union Ditch Company for me to have the right to build a fence next to the ditch right-of-way. I would further request that this permission run with the land for my benefit, and for the benefit of my heirs, and assigns forever. Thank you for your consideration of this matter. Sincerely, /Jack Schneider 4: Julie Chester, Weld County Planning and Zoning Department Enclosure Jack Schneider 2137 21st Avenue, Greeley, CO 80631 Home Phone: (970)353-1063 FAX: (970)356-8043 April 21, 1999 Julie Chester Current Planner Weld County Planning and Zoning Department RE: RE 2430—Requesting a change in Condition of Approval Dear Ms. Chester: I have run into a problem while attempting to meet Condition of Approval Item No.2b which states in part, "Lot B shall obtain its own access, sough of the Union Pacific Railroad Right of Way and not utilize the joint access across Lot A and the Subdivision Exemption lot as originally proposed." I have contacted the owner of the land directly south of this property, Mr. Collin Halfwassen, Principal in Agricultural Products, Inc., 777 E. Wisconsin Avenue, Suite 3380, Milwaukee, WI 53202-5302, Telephone 217-351-8261. He has stated that he is unwilling to give me a recorded right-of-way for access to my property. I have further requested that Mr. Halfwassen provide me with a letter denying access, however, I have not yet received this letter. In order to avoid lengthy and costly court litigation to force this issue, it is my preference to build a road south of the Union Ditch to provide access to Lot B of my property. Therefore, I am requesting that I be allowed to access Lot B through the internal road as originally requested For your information,I measured the narrowest point between the Union Ditch right-of-way and the Union Pacific Railroad right-of-way to be 55 feet. This would allow room for the proposed 30 foot road/utility easement. After discussions with Bucklin Equipment,it is my understanding that a stable structurally sound road can easily be established on the proposed area. Sincerely, n Ore-JP-- Jack Schneider J Jack Schneider ® 2137 21st Avenue, Greeley, CO 80631 Home Phone: (970)353-1063 FAX: (970)356-8043 April 21, 1999 OekMr. Gary Alles, President Union Ditch Board 26285 WCR 47 Greeley, CO 80631 RE: RE 2430 requests from Weld County Planning and Zoning Department Dear Mr. Alles: As a follow-up to our telephone conversation of April 20, 1999 regarding the concerns of the Union Ditch,I am writing this letter of understanding. I am also including a statement to me from the Weld County Planning and Zoning Department requesting that I address your concerns. Further,by this letter,I am formally inviting you and your Board members to visit my property any time during the next week (April 26 through April 30, 1999) to further our discussion of the concerns you have voiced. I will be happy to meet with you and your board members any time during daylight hours during that week. It is my understanding that the concerns of Union Ditch are as follows: (a) a fear of people dumping "stuff'in the ditch;and(b)that you do not want buildings erected that would interfere with the ditch company's ability to clean the ditch. I am enclosing a copy of the deed by which the Union Ditch purchased a 40'strip across my land for the purpose of maintaining and operating your ditch, together with"a strip of land on the north side thereof,and as narrow as possible,being sufficient to hold the dirt removed and to be removed from said ditch." As far as I can tell, the ditch company has always stayed within their boundaries and there has been no need to access the ditch from the south side. If something has changed, I am willing to discuss your needs south of the ditch at the proposed meeting next week. As far as I can see,the ditch company's concerns can be very easily resolved. Having been raised on an irrigated farm, I fully understand the plight of the farmer with regard to ditches. I can assure the ditch company that the historic ability to maintain the Union Ditch and its water rights will not be changed at all by my proposal. • • Gary Alles, President Union Ditch Board January 18, 1997 Page 2 I look forward to meeting with you and the other Board members as soon as possible to address your fears and concerns. Please contact me at either 352-1212 or 353-1063 to set a time for the proposed meeting at my property site. Thank you for your consideration of this matter. Sincerely, Jack Schneider c: Julie Chester,Weld County Planning and Zoning Department Enclosure FAX TRANSMISSION WELD COUNTY PLANNING DEPARTMENT 1400 N. 1 7TH AVENUE GREELEY, CO 80631 970-353-6100, EXT 3540 E-MAIL ADDRESS: I:JCHESTER@CO.WELD.CO.US FAX: 970-352-63 12 To: Jackie Johnson Date: March 24, 1999 Fax#: 352-3165 Pages: 3, including this cover sheet. From: Julie A. Chester, Current Planner Subject: Schneider RE-2430 COMMENTS: Here are the two referrals you have requested. If you need anything further, please let me know. Thanks. WITWER, OLDENBURG, BARRY & BEDINGFIELD, LLP ATTORNEYS AT LAW 522-7TH STREET.SUITE 760 STOW L.WITWER.JR. CHARLES A. KAROWSKY R.SAM OLDENBURG GREELEY, CO 80631 RETIRED JOHN J. BARRY JEFFREY T. BEDINGFIELD (970)352-3161 JACQUELINE JOHNSON FACSIMILE(970)352-3165 PATRICK M.GROOM Weld eld County Planning Dept February 26, 1999 MAR p 1 1999 REctivE "` Julie Chester Weld County Department of Planning Services 1400 North 17`"Avenue Greeley, CO 80631 Re: Schneider RE/SE Part of SE 1/4 52, T4N, R66 W Dear Julie: I am writing this letter because I was unable to schedule an appointment with you before I left on vacation, and I was not sure of your time frame with regard to the above referenced land use application. The purpose of the letter is to identify a number of issues which should preclude the administrative approval of the application. We represent Miller Feed Lots, Inc. ("Miller"), whose property is located directly south and east of the proposed subdivision exemption and recorded exemption. Miller strongly objects to application for numerous reasons. First, the prevailing winds, particularly in the summer months, blow from the feedlot across the Schneider parcel. The planning staff and the County Commissioners are well aware of the problems that arise when urbanization occurs around existing agricultural operations. Miller is extremely concerned that permitting development at this site could affect its ability to operate the feedlot. Regardless of the care used by Miller to control dust and odor, it is impossible to completely eliminate either. The construction of three new residences on this parcel will inevitably lead to complaints about the feedlot. Second, it is possible that this application is preliminary to a request for a more intensive development. The Schneiders purchased the parcel together with an additional parcel lying north of the Union Ditch on December 18, 1998, for Eighty Nine Thousand Nine Hundred Dollars ($89,900.00). Four days later,they deeded the property lying north of the Union Ditch to Curtis L. Radman by quit-claim deed for nominal consideration. It appears highly likely that once the door is opened for residential development, the county will be asked to approve an even more intense WITWER, OLDENBURG, BARRY &BEDINGFIELD, LLP Julie Chester Page 2 February 26, 1999 development to the north,thereby increasing the potential problems for Miller's operations. Indeed, when Jim Miller first inquired about Mr. Schneider's intentions for the property, there was an indication that a significant number of homes were anticipated. In addition, the proposed access to the parcel does not appear to meet county standards. The application shows a long road located along the south side of the Union Ditch. There does not appear to be any consideration given to the Ditch right of way, and it is not clear that there is sufficient room for an adequate and safe road at the narrowest portion between the Ditch and the railroad, considering the right of way of each. Furthermore,there is a concrete ditch at that narrow portion, and the applicant has not indicated how the road would cross it, nor has the applicant addressed the design problems created by the terrain. Miller owned this parcel at one time and would dispute the applicant's assertion that it is not prime agricultural land. It is also inaccurate to represent that lots as proposed by the application can function as "mini-farms". With no water available for irrigation,the potential for erosion and weeds is great. Finally,the proximity of the Union Ditch on the north and the railroad on the south make this parcel a poor choice for residential development. For all of the above reasons, Miller Feedlots, Inc. urges you not to give administrative approval of these applications for a subdivision and recorded exemption. Yours very truly, WITWER, OLDENBURG, BARRY& BEDINGFIELD, LLP Jacqueline Johnson vle pc: Jim Miller • • 47-et DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1400 N. 17th Avenue Greeley, CO 83541 Phone (970) 353-6100, Ext. 3540 Fax(970) 352-6312 ik COLORADO February 10, 1999 William Schneider do Jack Schneider 2137 21st Avenue Greeley, CO 80631 . Subject: RE-2430 - Part of the SE4 of Section 2, T4N, R66W of the 6th P.M., Weld County, Colorado. Dear Mr. Schneider: • 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 LaSalle Planning Commission for its review and comments. It is recommended that you and/or a representative be in attendance at the LaSalle Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Town of LaSalle at 970-284- 6931, for further details regarding the date, time, and place of this meeting If you have any questions concerning this matter, please call me. Sincerely, u7r ( Julie Chester Planner FIELD CHECK inspection date: 3/12/99 CASE NUMBER: RE-2430 APPLICANT: William Schneider LEGAL DESCRIPTION: Pt of the SE4 of Section 2, T4N, R66W of the 6th P.M., Weld County, Colorado LOCATION: West of and adjacent to Weld County Road 35, approximately 1/2 mile south of WCR 394 Zoning Land Use N A (Agricultural) N Several residences, Union ditch, Ag, oil and gas E A (Agricultural) E 2 residences, Ag S A (Agricultural) S Feedlot (Miller), Oil and gas, Ag W A (Agricultural) W Ag COMMENTS: The property is vacant land. There is a large feedlot to the south- east (Miller Feedlot, no USR) It appears to be a natural split. L-7/ () (We Jude A. Chester, Lead Planner EL�� APPLICATION FLOW SHEET COLORADO APPLICANT: William & Cheryl Schneider CASE #: RE-2430 REQUEST: Recorded Exemption LEGAL: Part of the SE4 of Section 2, T4N, R66W of the 6th P.M., Weld County, Colorado LOCATION: West of and adjacent to WCR 35, approximately ''A mile from WCR 394 PARCEL ID #: 105702000088 ACRES: 19 acres Date By Application Received 02/05/99 JAC Application Completed 02/05/99 JAC Referrals listed 02/09/99 JAC Design Review Meeting (PUD) n/a File assembled i G 2 � IIJ^ Letter to applicant mailed an Li - Vicinity map prepared Referrals mailed Chaindexed Field check by DPS staff 3/all Administrative Review decision: n p9t M" 3/2( q �( Date By County Commisioners Hearing Date (if applicable) Surrounding property owners notified Air photo and maps prepared _ ) _ W CC action: CC resolution received Recorded on maps and filed '1 ( (ICI Overlay Districts Zoning Agricultural Airport Yes No_x_ Geologic Yes No_x_ Flood Hazard Yes No_x_ Panel#080266-0750C 'EPARTMENT OF PLANNING SERVI —` ��g g Dept, Weld County .Al,t,.�trative Offices, 1400 N. 17th Avenue, Phone (970) 353-6100, Ext. 3540 - Fax#(9 J " 1 APPLICATION FOR RECORDED EXEMPTION FEB R 5 1999 _� e-_- Application Fee c7Qf 6 . !o 1 Receipt Number 0; GC Recording Fee Receipt Number t Application Checked By ( Planner Assigned to 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 Weldpounty oard of Couniv Commissioners. P cwt t% Sc ,y" , Sectc .tZLilia..�.: ?4Nj Rc"6�bb u Legal Description:` 5e� At'h <ke ) S Total Acreage: IR Zoning Parcel Number: L a E 1 01ODOO 0 D 0 0 o 0 (12 digit number- found on Tax I.D. Information or obtained at the Assessor's Office).<1 1 e 570aooclo3=2 Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No X Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes X No Does the parcel of land under consideration lie in any of the following Overlay Districts? Flood Hazard: Yes _ No y( ; Airport: Yes_ No X ; Geological Hazard: Yes_ NoX FEE OWNERS OF PROPERTY 1A11\,avv• 3 Sckwe, p 3j3-gt4 DJ 2. Name: C'\AO„ \ A Sckcne,r�r.- Home Phone##153 -35� Address: 5-.I "3 -J "11 s+ A J k-i-qu{' City/State/Zip Code Gvee\e� Co.C . 3631 Applicant or Authorized Agent: -3tAc.K Sc1.v'.c‘ (,-,/-(,-,/- Phone # 15).- I2-IZ Address: 2i 37 215}AJkKue. City/StatelZip Code Coved-el Cr: C1(,-3 Name: Home Phone# Work Phone# Address: City/State/Zip Code Larger Parcel Smaller Parcel Smaller Parcel 5'c' Ai+ Applicable only for 3 lot Recorded Exemption Water Source C.W0 LA-) D CLJCtt' O / I C"JCU3 +E I Type of Sewer Seek""k./ ld.c114'.Id c€pLc/ IeacL ri.I J S e P'�,c / 1eacL fk(t Proposed Use 14004e/w .4-8 us-t FL., + ," kkrc I-Le 4,44 Atr t.0 Acreage ". Ig,9vo.F5 s.: 34Caes -.', 3Ac2ES Existing Dwellings N O No 1`f 0 Yes or No Existing Dwellings Address (if applicable): Larger Parcel TI/'t Smaller Parcel it ['4" Smaller Parcel (applicable only for 3-lot Recorded Exemption) (- f/4 I hereby state that all statements, proposals, or plans submitted wit his application are true and correct to the best of my knowledge. Rev: 1-27-97 ature: Owner or Authorized 5 • • Question Answers for Requested Recorded Exemption and Subdivision Exemption Request for Adjustment of Property Lines 1. (a) See letter from Central Weld County Water District stating that three water taps are available to be purchased to serve the property with water. (b) Irrigation water. There are currently no water rights with any of the proposed lots. 2. None of the proposed lots have septic systems. The soil survey shows that Julesburg Sandy Loan soil on these parcels are generally favorable for septic tank and absorption fields. 3. The land is currently used for alfalfa production. Irrigation water is only available by renting water from neighbor if he has excess. None of the land is considered prime according to the Weld County Comprehensive plan due to the erodability of the soils. There are currently no animal confinement facilities on these parcels. There are no oil well structures, and property will probably never have any because of the location on the section. The property lies just south of the Union Ditch and North of the Union Pacific Railroad. 4. Each lot will be used as a mini-farm with alfalfa growing potential and/or pasture for grazing. There are currently two separate parcels of land. The subdivision exemption requested is to adjust the lot line of the smaller parcel so that the lot is 2.5 to 3.0 acres in size and is aligned in such a way that only one access is required to WCR 35 for all of the lots. The requested recorded exemption removes a three acre parcel that is separate from the larger parcel of 14 acres. Each parcel can function on its own as a mini-farm in this alignment. This request improves the functional use of the land and creates parcels of land that can be effectively utilized as agricultural zoned acreage. This request, if approved, can help meet the demand of Ag zoned acreage without hindering prime agriculture of Weld County. The owner is willing to put a deed restriction on the lots created by this request that states that these lots cannot be further subdivided until the year 2075 or until the land is annexed, whichever occurs first. Request for Recorded Exemption in Conjunction with Subdivision Exemption Page 2 5. The property is located west of LaSalle on WCR 35 north of Union Pacific Railroad spur line and south of the Union Ditch. The size of the existing parcels are approximately 19 acres and 1 acre. The surrounding area is currently mainly utilized for agricultural production, with several smaller acreages to the north on WCR 35 and also on WCR 394. 6. The reason for the current configuration is that the lateral of the Union Ditch forms the northerly boundary while WCR 35 is the east boundary and the Union Pacific Railroad forms the southern boundary. The land in question sets above the flood plain of the South Platte River. 7. The anticipated newly constructed homes will meet minimum set-back requirements of Ag zoned property. 8. When considering the current vegetative growth and the size of each proposed lot, this area would not be conducive to a conservation easement. 9. Since Lot A, B and SE are approximately 3, 3, and 14 acres respectively with limited agricultural use, and when considering set-backs from the road on the east and the irrigation ditch on the north, a building envelope on these parcels may not be required. 10., 11., and 12.The proposal, to the best of our knowledge,is consistent with Weld County Comprehensive Plan and Municipal Plan in that it will not have an impact on "prime" agricultural land and it fits well into the surrounding area. The area has available municipal water, natural gas, telephone and electric service. Many of the farms in the area have converted their existing farm yard to rural acreages. There are already several acreages in the area, to the north on WCR 35 and several small Ag zoned acreage on WCR 394 with all the services in place. 13. This request for a recorded exemption in conjunction with a subdivision exemption is consistent with efficient and orderly development as defined in the Weld County Subdivision Ordinance, Section 1.3 in that: (a) Through the application and review process the county and applicable municipal planners with the applicant shall contact, collect and discuss issues to ensure that: 1) orderly and integrated development occurs; Request for Recorded Exemption in Conjunction with Subdivision Exemption Page 3 2) health, safety and general welfare issues are satisfied; 3) it will conform to subdivision requirements of the county and municipalities (if applicable) through contact with agencies so that all standards are met, which will safeguard the interest of public, the homeowner and subdivider; 4) the county and municipality do have guidelines and procedures during the application process to ensure equitable handling,and to meet safeguards,design standards, and so forth. (b) The applicant to the best of his knowledge believes that: 1) This property does not have any wooded terrain nor is it in the flood plain nor does it have any other geologic hazards known to be a deterrent to an agricultural zoned acreage. Wind erosion could be a problem but can be easily controlled by keeping vegetation cover on open areas (the land is currently planted to alfalfa). There is no natural vegetation currently on the property as it is currently used for minimal farming. There is no water rights with the property, only a verbal agreement with the neighbor to utilize water. 2) The proposal, if granted, will not harm the agrarian use of the area nor will it contribute to the pollution of surface and subsurface water. 3) The approval will not affect the future development of schools and parks in this area. 1 ici P 0 c R ue;�-eJ ", �i RecarckecQ t`�e�,p1-1(t w Sub diU1SZK cr�4iov� � - ova Q II - A- pc vt- at- 'e SE'/y 04 Sechm Z —Tow psi," ifIRaekbe 6j, LA) o4- ite G*"f?N). Lib/ o Q 'Ili.. N of_ IA. P.ritD Evccp pavtl�r.b �tb ton�C H 04 1xr.i0K `Di}•-Ia , 0i4 k Conval rccor)ed 2ra?p5 g5kAta36I1b9 ok3o71 ?% 'id Qrogos< � pr°r°��c Ion (�ccc5 ,, .. itT3 I-tit 2-5,3.0 acs ,E .A Pct iils EX: :tt IS b° RpP , bkt t crce tc Co.\ath.leA-a0 naivete c,- tioutiro''✓� '- , IW? @ ivt R 79 P939 ce11voe�cil To I (12/e2' 414 lit t°r f0. 6D ceals rtcwcitJ ocf.2y,tin! ak3rs5, Pl. 3133. /Pint rl till H 6K 37W ? i,31 tf SCOJC, ( lit = 37 S A ' 37s REFERRAL LIST NAME:William Schneider CASE NUMBER: RE-2430 REFERRALS SENT: February 10, 1999 REFERRALS TO BE RECEIVED BY: March 3, 1999 COUNTY TOWNS and CITIES Attorney Ault _X Health Department Brighton Extension Service Broomfield Emergency Management Office Dacono Sheriff's Office Eaton Public Works:_XDon Carroll Ron Broda Erie _Housing Authority Evans Airport Authority _Firestone Building Inspection Fort Lupton Frederick STATE Garden City Division of Water Resources Gilcrest Geological Survey Greeley Department of Health _Grover Department of Transportation Hudson Historical Society Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey Division of Wildlife: _X LaSalle West of I-25 (Loveland) Lochbuie East of 1-25 (Greeley) Longmont Division of Minerals/Geology Mead FIRE DISTRICTS Milliken Ault F-1 New Raymer Berthoud F-2 Northglenn Briggsdale F-24 Nunn Brighton F-3 _Pierce Eaton F-4 Platteville Fort Lupton F-5 Severance Galeton F-6 Thornton Hudson F-7 _Windsor Johnstown F-8 _X La Salle F-9 Mountain View F-10 COUNTIES Milliken F-11 Adams Nunn F-12 Boulder Pawnee F-22 Larimer Platteville F-13 Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES Poudre Valley F-15 US Army Corps of Engineers Raymer F-2 USDA-APHIS Veterinary Service Southeast Weld F-16 Federal Aviation Administration Windsor/Severance F-17 Federal Communication Commission Wiggins F-18 Western Hills F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER Fort Collins Central Cob.Water Conservancy Dist. _X Greeley Panhandle Eastern Pipe Line Co. Longmont _X School District RE-1 West Adams Ginny Shaw(MUD) _X Ditch Company-Union COMMISSION/BOARD MEMBER • • RECEIVED FEB 1 1 1999 fl(Clitl 6AllePUBLIC WELD 1 9 PT Weld County Referral February 10, 1999 C Weld County Planning Dept. • COLORADO MAR 02 1999 The Weld County Department of Planning Service has re ived the_f� g item for review: D Applicant William Schneider R E CaseG Number mb RE-2430 I Please Reply By March 3, 1999 Planner Julie Chester i . Project Recorded Exemption Legal Part of the SE4 of Section 2, T4N, R66W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to WCR 35, approximately % mile from WCR 394 Parcel Number 1057 02 000088 I The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application. please call the Planner associated with the request. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. ,41 See attached letter. Comments: Signature i a .yt.�p .—" 1 c1 l Agency tz_kiii•c ; al CyyoJj j' Date +Weld County Planning Dept. •:1400 N. 17th Ave.Greeley, CO. 80631 4(970)353-6100 ext.3540 +(970)352-6312 fax tir, „\. 6r, MEMORANDUM ' TO: Julie Chester, Planner DATE: March 1, 1999 CFROM: Donald Carroll, Engineering Administrator COLORADO SUBJECT: RE-2430; William Schneider The Weld County Public Works Department has reviewed this proposal; the following requirements are recommended to be a part of any approval: COMMENTS: WCR 35 is designated on the Transportation Plan Map as a local paved road which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (Ordinance 89, as amended), the required setback is measured from the future right-of-way line. REQUIREMENTS: In accordance with Section 10.5.10 of the Weld County Subdivision Ordinance (Ordinance 173, as amended), the flag lot configuration will be avoided where possible. The minimum width of a flag lot shall be 30 feet. The right-of-way or easement shall be a graded and drained road to provide all weather access. The applicant shall indicate, on the plat, type of right-of-way or easement, dedicated, private, or a deed to provide adequate access to the parcel. Section line accesses are considered private lanes with no county maintenance. Both Lot A and Lot B shall share a joint access point. Pursuant to Ordinance 169A, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. cc: RE-2430 plan8 Weld County Planning Dept. MAR 02 1999 RECEIVED Road File# .3_6- RE: -2V3-o Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: 3 - l- q 1 q 933 North 11th Avenue, P.O. Box 753, Greeley, CO 30632 Phone: (970)356-4000, Ext. 3750 Fax: (970)352-23\\63 I. Applicant Name --1ACA< c Y1e+2ev Phone 3S1- I2)"7353-569y Ll -j 1 Address ` ( i '-e U-Q city r 1 State(..1> Zip tC63 1 \ � F� 11 3. Address or ff oca[io44 of access G,(Jp✓oq L4-3;e�) �2 W i �e SL L1t1 39y ow Woe. 3 S Su i+ Save ol du t64 DA-1-t Section perTalt'S ry '2.— To«'nthip Range (p to Subdivision Block Lot Weld County Road 4 3> Side of Road West Distance from nearest intersection NI .So,}L.44.rg 1??y 3. Is there an existing access to the property? Yes x( No = of accesses 4. Proposed Use: `4 Permanent Residential'Asricultural O Industrial O Temporary O Subdivision O Commercial O Other ***.**.**.i*i**iii*****i*}*:........*...********i.......*.:.f.***ii*i***i****i*}*.**iii********ii*:*.....s 5. Site Sketch "fy - y,, Legend for Access Description: r a- 7 ARG= Argricultural " s&`�'' RES = Residential T �'� , Met O&G= Oil & Gas �J D.R. = Ditch Road /C/R ES Access / i tnf re• 1/44.04��O. y . g.6.)47C P"f(r4") 1 ' 91 OFFICE USE ONLY: Road 35 ADT / 7 7 Date / 'IQl/ Accidents Date Road 34, ADT ('& Date t 44/ Accidents //S Date Drainage Requirement Culvert Size Length Special Conditions ki***f**************f*******************f**k**************ii**********************w*******i*aa****.*****k}* O Installation authorized O Information Insufficient Reviewed By: Title: 7 Z.----.. l'(ii Referral Weld County WIiJD € February 10, 1999 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant William Schneider Case Number RE-2430 Please Reply By March 3, 1999 Planner Julie Chester Project Recorded Exemption Legal Part of the SE4 of Section 2, T4N, R66W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to WCR 35, approximately 1/2 mile from WCR 394 Parcel Number 1057 02 000088 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. ❑U/Vye have reviewed the request and find that it does/does not comply with our Comprehensive Plan �Y We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: \ Signature .�— pR• la "net Agency Date +Weld County Planning Dept. •?1400 N. 17th Ave.Greeley,CO.80631 •(970) 353-6100 ext.3540 •:•(970)352-6312 fax Ottattpi,' MEMORANDUM TO: Julie Chester DATE:Februaryl7, 1999 r • FROM: Sheble McConnell g e, Health Department COLORADO SUBJECT: Schneider, William CASE: RE - 2430 Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed home septic system(s) and shall be installed according to the Weld County Individual Sewage Disposal Regulations. sm/267 Weld County Planning Dept. FEB 18 1999 RECEIVED • • • Weld County Referral •• l February 10, 1999 COL . RADO The Weld County Department or Planning Services has received me tollowing item for review: • Applicant William Schneider Case Number Nr-2430 Please Reply Oy March 3, 1999 Planner Julie Chester • Project Recorded Lxernptlon Legal Pau t of the 3l 4 0l Section 2, T4N, RS8W of the dtn P.M., Weo County, Colorado, Lucaliorr West of and adjacent to WOK 3b, approximately yx mite from WCR 394 Pato&Number 1057 02 OOOOa8 • The application Is submitted to you for review and recommendation, Any comments or recommendation you consider relevant to urin request would be appreciated. Please reply by the move listed pate so that we may give full consideration to your recommendation. Any response not received before Or on this date may be deemed to be a positive response to are Department of Planning Services. It you have any further questions regarding the application, please call the Planner associated with the request. �,U 144t have reviewed the repaest and find that It does/does not comply with our Comprehensive Plan 164 We nave reviewed Mu request and find no conflicts with our Interests. Li Sue attached letter. Commonla: • Signature / . .p [ /' 1."")V1 � cr.- j_07 Agency / rite /'ro7c c7'�c� .L")S 1 Date OWotd County Pianniny Goat. 4.1c(1U N. t tin/WC.Greeley,t:V. 80631 F(970)353-6100 ext.3640 4(970)352-6312 tax • 02/15/99 14:58 TX/RX NO.4507 P.001 Road File 4 RE: Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: 933 North t lth Avenue. P.O. Box 758. Greeley, CO 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970) 352-2868 1. Applicant Name 5A C1< cc-Nnoe 1. etr Phone 351— IaI')-1353--Salty' Address '11 31 i i " Av-ev,.v-k City Cp eO;t1 State Cu Zip TC:.l 3 ?. Address or locates of r{ppi cn it%ei-6 `,2 W, (c St...tytn J 3efq 0. (..O(/), 3 5-L,Su S•1 s,.ui tJ au,6,1 D,irh Section ! Tow Ship V Range (pi,. Subdivision Block Lot Weld County Road 4 3 7 Side of Road West Distance from nearest intersection 'h & %t..4(-4-KR IN / 3. Is there an existing access to the property? Yes X No 4 of accesses 4. Proposed Use: ^g' Permanent % Residential/Agricultural 0 Industrial 0 Temporary 0 Subdivision 0 Commercial 0 Other ***.*.>.....*.•*********<***._._*...******..._,.,,.*.**....*.*.***.*************************************** 5. Site $1347 Legend for.Access Description: ARC= Argricultural '!E"' RES = Residential � � � Wale O&G= Oil & Gas H eL R�S D.R. = Ditch Road PE� . s cCp tne re. 40.4 ,/\\ - 0 it I. u . 6 Vill'' *r ******************************.************.****************.************************************.********* OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ***..*************************eeeee*******.**************************************************************** 0 Installation authorized 0 Information Insufficient Reviewed By: Title: 7 6 ris Odd County Manning Dept, Weld County Referral 1 FEB z 6 1999 C. - February 10, 1999 COLORADO �+ The Weld County Department of Planning Services has received the following item for review: Applicant William Schneider Case Number RE-2430 • Please Reply By March 3, 1999 Planner Julie Chester • Project Recorded Exemption • Legal Part of the SE4 of Section 2, T4N, R66W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to WCR 35, approximately '/2 mile from WCR 394 • Parcel Number 1057 02 000088 ` The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. (� j Comments: SE Lr Aga 44,;.J.67.,;.J.67 /_e; �} �-"ce..� 5 (sou 6.:4( 4 .etrra ")L.tr red 4 u �. � ;:.t L, ( -., lLk `R.R.�t.e. ,./gtnaka`.a`.t' —tAt„VE C At l -rill,- a !ir-.;:.p,.y /.�:.-N,.v<«J +4rY..Fs.,.;r�.+":t..i-,cx r \ t c %.C,..... r Signature ) -t 1 q 747 Agency (t3la 5 CO Date •}Weld County Planning Dept. •>1400 N. 17th Ave. Greeley, CO. 80631 4(970)353-6100 ext.3540 ÷(970)352-6312 fax 4.-1 tannin Weld County P gild County Referral MAR 0 8 1999 C. February 10, 1999 COLORADO RECEIVED The Weld County Department of Planning Services has received the following item for review: Applicant William Schneider Case Number RE-2430 I Please Reply By March 3, 1999 Pinner Julie Chester Project Recorded Exemption Legal Part of the SE4 of Section 2, T4N, R66W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to WCR 35, approximately % mile from WCR 394 Parcel Number 1057 02 000088 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. SSee attsabx4bstter. £!nnerue . - -Comments: � � q , 1�r�c /a Ay�4 (c > el /4fi.�.0 2 1Y.o n. J--6, a4td. et. ti5— u, e , J 5 `.. • D : fcc L yffm ,s Signature j P 5/99? ✓ Agency 460v.tau J).zi • te 33 7_3 27,22ate :•weld County Planning Dept. +1400 N. 17th Ave. Greeley,CO. 80631 :•(970)353-6100 ext.3540,f +(970)352-6312 fax 'il A6ajom,...n..A Xieca )A2, 0 eted:__. y Lcs t t 2 �G 'td{ j n ^ .cLJ, `' ./LAC'"�tY "L _ -U..ldt--e / of n'-4..-- tag : �r. c y4y z 2-4v (YGLv 6t!T-12 (-via 114l at) t) /LgJ wtt. -de/4✓/j X+�L,W 2r=tK. o ("6 Zt d J C Z.Z'n C a..., . C` I;71 • La__ ... .r &.. k , ,,i,45, f 1 Weld coot,/ Planning Deft ^(ter Weld County Referral rt.it G tiVED February 10, 1999 COLORADO The Weld County Department of Planning Services has received the following item for review: ase u ber RF 2430 Applicant �"v'iiiidm Schneider __.. �1_nl. ... Please Reply By March 3, 1999 Planner Julie Chester i Project Recorded Exemption t Legal Part of the SE4 of Section 2, T4N, R66W of the 6th P.M., Weld County, Colorado. x Location West of and adjacent to WCR 35, approximately '/ mile from WCR 394 Parcel Number 1057 02 000088 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan a We have reviewed the request and find no conflicts with our interests. U See attached letter Comments: Town of LaSalle requests that the owner put a deed restriction on the lots created by this request that states these lots cannot be further subdivided until the year 2075 or until the land is annexed, whichever occurs first. Signature l C,t � -77115 /1. , �f 7 Date Agency 2'[N� /lei' Yu (r L' •:Weld County Planning Dept. 91400 N. 17th Ave.Greeley,CO.80631 C.(970)353-6100 ext.3540 4(970)352-6312 fax • • • • Order No. 8512674 SD CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD • The TRANSNATION TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a described herein since August 30, 1972, and the most recent reful search of its records,and finds the d eedgrecorded priors to Augus affectingt 30,the real LEGAL DESCRIPTION: SEE EXHIBIT "A" ATSATCHED HERETO CONVEYANCES (if none appear, so state): • • Reception No. 14 .Book 568 Book 623 Reception No. 221007O / Book 1260 Reception No. 2210070 .Book 1363 • Reception No. 2315022 ,Book 1482 • Reception No. 2428640 • ,Book NONE — Reception No. 2662095 JJJ ,Book Reception No. Book Reception No. The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate yf is not to E constructed INSURANCE of TitleCOMPANY,is hereby limited to he fe paid Title for this the liability of Certificate. ' In Witness Whereof, TRANSNATION TITLE INSURANCE COMPANY, has caused this certificate to 14th da of c r 19 98 , at 7.00 A rao be signed by its proper officer this Y . • • • TRANSNATION TITLE INSURANCE COMPANY Company By: oS•Q 1►0O►L Authorized Signature • • g PI' 31 / , &1 Roc No. 149k44-4 _._.i 14,4,, dlw•Wi '-�'.: '- LAIW DEED ' -, The Opdyke Agency, Inc„ a Colorado corporation, whose prin— cipal office address is 1018 8th Avenue, Greeley, Colorado, for the consideration of Ten Dollars (310.00) and other good and valuable too.. i sideratione, in hand paid, hereby sells and quitclaims to Miller Feed o , i,. Leta, Inn„ a Colorado corporation, whose poet office address is 1001 ,x9f,u 1, r' 10th Avenue, Greeley, Colorado, the following real property situate in r•' `_ the County of Weld and State of Colorado, to—wit: 0 Beginning et a point where the north line of the Union Pacific Railroad Ce pany'r r.ght—of— way intersects the east line of the SEt of Sec. ,) ' x'- 1, T. 4 N., R. 66 W of the 6th P.M., thence r r' running west along the north line of said right-111 71 y of—way 750 feet, thence north 58 feet, thence Ira s - �• r'.. east 750 feet, thence south 58 feet to the place -- - - of beginning, the same containing:one acre, more IT or lets; r with all its appurtenances. Signed this 31st day of Way, 1966. 'h OPDYKE AGENCY, INC. �'*i : At test: A l ' :^<i:4;.w....;'° y� /`1 Pre demo ,7 '-, i' �`+' S cre ry •e. _ ',, $ATE MY CALONADO ) � 4 n n. ss F , = yv x4 kt j L cc gric -GREELEY AND COUNTY OP WELD ) r �. iliBrleir The foregoing inet:us-int was acknowledged before me this 31st day of May, 1966, by Thos. S. 0pdyee, as President, and Mabel 0. ;g • - Opdyke, as Secretary, of the Opdyke Agency, Inc., a corporation. n ✓ Witness my hand end official seal, ;V� -.... ('%14' Commission expires; t /""' U Fc ? ��d ) . e l),Cr.>y7 ✓✓,% Notary blic C . .\ v : *.,a...'�.J "I /, 3 .' v - - /Ss ,r � yryry M/ YJ_!:An. h d 1•fi ' tratrSir r • _ T {ns . ' - .. f S he t ,:a • Pr. • '°°e623 • made 12 �,.hk ( v APR , „ dal ,Mq 'et .;" 1545200 naptdee N. neeerd Syi. , Tuns DEED, Ned.this 2nd day of arch , In the year of em Lard one tmewod eine 3Odnd sad aen¢4y - r ._ - between Lo n & Sons, a Co-Partaenhip consisting Of N - `r te'. _._n Love, LeRoy Robert Lo , Jack M LOT.Le 1 William N x a j stem n Lon Cetn of •.• ' Weld -lt'"- '`. "wad:nets Miller Dote a A_ r 1 (� Coof Celoredo,orado aCorp see antoration Vert.ad T L r ,1�.. a l ' a wryeedots,oraebs,reaIceped sod is S a��)t'f!'a _ ' existing under and by elrtoe of the laws of the Bede of NbColorado of the,erred parts wz'h FITNyaSEPN. That the *aid soft Lae h ,f�set port, f cod In eemiden!kn - •`w — d Ogg HUNDRED SEYENTI THOUSAND `S170,�.uu) Ina noja u— '"D0LL.AR6, lathe self Vert Sell of st Mt part Is heed held by the,old party of the,Hood pert,IM re-riot stand h hereby antlered Red,dnowbdted,he n Routed,bullhead,sold and toner-- w sad br the.- preen.•.do ':'�' ' - r•,'I,barralu,seR,coney and peanrm,wile ab Wd party M the second p••..:-.•eewwenn need ae.ir,-fora..,, '' . ...fenewlag descrlbd bet or panel of lead,slant*,bins and belay I ha erri -b M Weld elf ebb of Colorado.lyl.ltt " 'pgggnx 'Y' �' d. rrtt .ew�lea ero The )E 1/4 of Section 11, Township 4 North, Range 66 West of the 6th P.M., ' County of Weld, State of Colorado, EXCEPT that portion described as follows: -n v Deplaning at the Northeast corner of the South Half of the Northeast Quarter O ' o' said Section 11; thence West along the North line of the South Half of the u `' Northeast Quarter of said Section 11, 150 feat, thence South and parallel with i i `, '+ the East line of said Section 11, 168 feet? thence East 150 feet to the East = {tC - - line of said Section ll, and thence North along the East line of said Section„,,-,„_" _ 11, 168 feet to the point of beginning ,°.i+ - I PARCEL ill ;" , t i3tx :. � rx The SE 1/4 of Section 2, Township 4 North,Range 66 West of the 6th P.M. I ''` — County of Weld, State of Colorado, EXCEPT that portion asarded to the Union '� --..: • Pacific Railroad Company by Decree of Condemnation reeerded Noramber 22, 1909 • __._... C-' in Book 314, Page 23, records of.Weld County, Colorado, described as follow a strip of land being 75 feet in width on either side of a center line crossing -" It the East line of said Section 2 at a point 1892.5 feet North of the Southeast sea corner thereof and extending on a tangent Westerly to intersection frith the West e --I line of said Section 2 at a point 1588.5 feet North of the Southwest corner therofI ,`•., and except that Fart conveyed to the Great Western Sugar Company by deeds recorded • • October 24, 1912, in Book 365, Page 373, and recorded April 3, 1913 in Beek 374, Page 439, records of Weld County, Colorado, described as follows:s tdegineing to o at a point where the North line of the Union Pacific.Railroad Company's right of- et - - ,-, say intersects the East line of the said Southeast Quarter; thence running West o -- c along the North line of said right of say. 750 feet: thence North 58 feet; thence . a East 750 feet; thence South 58 feet to the place of beginning,land except that _ portion previously conveyed to Sped Chips,-Inc., a Colorado Corporation by Deed • recorded in Beek 612 at Reception No. 1534117. described as follows, a:.„ S Coaneing at the Southeast Corner (SE Cor) of said Section 2 aid considering ' .�.. the East line of the Southeast Quarter(SE 1/4) of Said Section 2, to boar North - cL 01°36'48" Wert and with an other bearings contained herein being relative thereto,tt..• fits Than North O1°36'48" West along the East line of the Southeast Quarter _+h (SE 1/4) of said Section 2, 96775 feet to the True Point of BettemEI Thence South 88°28'56" West, 148.31 feet; 4 Thence North 01°52'04" Vest, 128.06 feet; t Y, -' 'r Then North 89°06'56" West, 174.01 feet? _.____ Then North 00°53'04" East, .. 63.98 feet; Thence South 88°23'12" West, 300.02 feet? t Tbn North 01°36'48° West, 109.97 feet? ° , Thence North 88°23'12" East, 619.96 feet to a point on the East line of the Southeast Quarter (SE 1/4) of said Section 2f .. �.•7 wf�, the . < Tin^ <..- South 01°)61481 East along the sass line of the Southeast Quarter(Si ll4) , y4;1, of • naotien 2, 309,78 feat to the Trot Point of leglninge'ezeept riestbf use: -'., net for bounty read.„Together with 31 shares of the Capital stock ' of ' • •mare Independent Ditch Cevpasyr'`ktf+ f ' rP*',. r;:. ;,1. re � 3 , `,!."(.3:1 'ter:4 k9- 9K M '1 I tat° gd9:5'4" �t'I ;t99944,9 *a. 9 +3 >;994 spa '9'94,"t tat.- r #;;;9:91,::;{ t n 3 Ott 444 tr,,,, .. 623 n -' 1 , X0,` yLwr¢ #" • t z J�5 ...+ k s,�y •. r -..z 7 i `' TOGCfatt.tll.a W•lnr!ar w Y,KI a .. . 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" 11005 .y ANN FEUERSTEIN CLERK & RECORD D CO, CO Recorded at _— F 10 NY 1, dR2210070 �Wa�i . c� ar�#y`Tleed d ` '1S' THIS DEED is a e i nveymce of the real properly described below,'abiding any named end other to theirunces Itne 1.4 "properly')bons the mbinclual IS).corpomtwnl5).partnershipls),Or other entity les)named below as GRANTOR to the m0lweuelll) trI V. 1.4 Or emnylies)named below as GRANTEE. V Oa . except The GRANTOR hereby n01seas and conveys y e lace for y to the GRANTEEthe yoar of this Deco and the Inc GRANTEE GRANTOR willpay 12)arty easements and except for 0)the lien of the general properly mineral lmeresl 12)any of record and rights-el-way shown of record 131 any patent reservations and exceptions(4)any outstandingmatters m IS) any protective covenants and restrictions snow^of record,and(6)any additional matters shown below under Additional Warranty Exceptions The Specific Terms of This Deed Are: me ra.na Grantor (Give newels!and oeceis,of residence. I The spouse of the owner grantor an es in this need to release homestead rsg N 1 grantors as husband end wile.) MILLER FEED LOTS, INC., a Colorado Corporation Grantee: (Give nitrate)and addreuteal statement of address including evadable rose or strati number is remand) AGRICULTURAL PRODUCTS, INC. 3380 First Wisconsin Center Milwaukee, WI 53202 Form of Co-Ownership ill mere ale two or more oremees named they will be considered to Mkt es tenants in cd^mon untie[me sorts in :11; Kent tenancy or word,of the same meaning are added us the space below) Property Deaeriplion: (include courtly end state I ir See Exhibit "A" attached hereto and incorporated herein by reference as though fully set forth, all in Weld County, Colorado. k.,. y Propert ddress:y Various #:. Consideration: Ohdn en a gilt any amount eophonance 5 abeconsideration lot ondeedw,n be presumed untie+mncemey+nv,+ 'writhed es a 911.in any eels this conveyance rs absolute final end unand onal) ., Reservations-Rea W cti0ne: iii restrictingGRANTOR intends to 5 right in the interest trest m i p en rOpy Or to convey yleon Dthe ma M heown ,or r15GRANTOR is make ornate I..C N ° p assumes:o Additional Warranty Exceptions: :Include deeds of trust being end Diner mailers ism coverers.bore.) 0 See Exhibit "5" attached hereto and incorporated herein by reference as though r%•� 8 fully set forth. =v E crested by the 0,95101 on March 30, l9 90 .. ... f¢m li:. Sign Clause foe Corporation.panenlrlp or escalation. Signature Clause for IndMdualistS.1 MILLER FEED LOTS, INC., a Colorado Corporation nrV,, rpe ._ 1 eN .mw. (0/0,700,/\p2, /Fannenn p p1 Association p or l,� ya L I rr !G t er _ F (President) t1 e 1(g4 ettary) ..r...r STATE OF CULOR Y&. I ss. p CQUNTY QIA RR��]YY] '� day of +/J .t9 /O T to n alrLmel�1 was acknowledged acute we he wer?: Miler, as President, and Norman M. Dean a erretary, of Trier Feed Lots Inc., ls'_ yColorsd `�65 oration. ,n-L f .,ylTNE.56 rut Dee an of seal. yyEA,d.pwenY p .e O,Y r /9 q.,2p Wen rpuw Tic Oa . Wt: sTATE VfDr C ) as r.i couacelirafr I .,9 ine foregoingm vu a Iw+s acknowledged Mlote me tun day of By' s pMgenl or w[e Meath end>acnlarY or p I•name individual G'anons'or l Grantor is Corporation.Partnership or Association then th 'gners es assistant secretary d corpo al tin,or as partner's)of partnership Of as authonted member's)of assoclelan 1 WITNESS my hand and others!seal. Retry Nb11e �y, lay mm Won ea per _ f Y_ a teal UPDATE LEGAL FORMS V ` ' 0035 t3 Greeley Colorado 80632 I.r, 0031350-i�l tee .a fee r ill y, 3 i Ir^ %e ii EXHIBIT "A" TO WARRANTY DEED FROM "' MILLER FEED LOTS, INC. a Colorado Corporation, Grantor TO AGRICULTURAL PRODUCTS, INC., Grantee -_ ,,As 1260 REC 02210070 04/06/90 08:be >30.00 2/006 r F 1019 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ;t Parcel 1: G -- The Southeast Quarter (SE±) of Section 15, Township 4 North, Range 64 West of 1U the 6th P.M., County of Weld, State of Colorado. _ Parcel 2: The Southeast Quarter (SEi) of Section 14, Township 4 North, Range 65 West of the 6th P.M.,. County of Weld, State of Colorado. 1s' Parcel 3: The Northeast Quarter (NEi) of Section 11, Township 4 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. ... EXCEPT that portion described as. follows: BEGINNING at the Northeast corner of u the South Half of the Northeast Quarter (NEI) of said Section 11; THENCE West .:. along the North line of the South Half (Si) of the Northeast Quarter (NEi) of said Section 11,-150 feet;- THENCE-.South-parallel-with the-East line-of said-Section-li,- 168 feet; THENCE East 150 feet to the East line of said Section 11; THENCE North along the East line of said Section 11, 168 feet to the point of beginning. EXCEPT a portion of the South Half of the Northeast Quarter lS1/2 y NE1/41 of Section 11, Township 4 North, Range 66 West of the 6th P.M., 7qy County of Weld, State of Colorado, more particularly described as follows: +4 �fCommencing_-p the Northeast Corner (NE Carl of Section 11_ Township 4 ._. North, Range 66 West of the 6th P.M., and assuming the East line of =1 Section 11. to bear South 00 deg. 00' 00" East and all other bearings k contained herein being relative thereto; thence South 00 deg. 01' 51' East, a distance of 1610.45 feet; thence South 69 deg. 59', 49" West, a distance of 318.30 feet; thence North 00 deg. 00' 11" West, a distance of 59.00 feet to the True Point of Beginning; thence North 00 deg. 00. 11" west, a distance of 197.40 feet; thence South 89 deg. 59' 49" West, a distance 273.83 feet; thence south 00 deg. 00 ' 11" East, a distance of 197.40 feet: thence North 89 deg. 59' 49" East, a distance of 271.83 feet to the True Point.of Beginning. __ ' Parcel 4: The Southeast Quarter (SEi) of Section 2, Township 4 North, Range 66 West of the r5, 6th P.M., County of Weld, State of Colorado. 1. EXCEPT that portion awarded to the Union Pacific Railroad Company by Decree of Condemnation recorded November 22, 1909 in Book 314 at Page 23, records of Weld County,Colorado, described as follows: A strip of land being 75 feet in width on either side of a center line crossing the East line of said Section 2 at a point rill 1892.5 feet North of the Southeast corner thereof and extending on a tangent Westerly to intersection with the West line of said Section 2 at a point 1588.5 feet North of the Southwest corner thereof; and t.+.. EXCEPT that part conveyed to the Great Western Sugar Company by deeds recorded October 24, 1912, in Book 365 at page 373, and. recorded April 3, 1913 is ,V/11 Book 374, page 439, records of Weld County, Colorado, described as follows: ,is.-:, BEGINNING at a point where the North line of the Union Pacific Railroad Company's ?: right of way intersects the East line of the said Southeast Quarter (SE}); TEENCE running West along the North line of said right of way, 750 feet; THENCE North 58 feet; THENCE East 750 feet; THENCE South 58 feet to the place of beginning, and EXCEPT that portion previously c. nveyed to Spud Chips, Inc., a Colorado Corpora- r tion by Deed recorded in Book 615 at Reception No. 1534117, described as follows: M.`.c COMMENCING at the Southeast Corner of said Section 2 and considering the East "Jv line of the Southeast Quarter (SEi) of said Section 2, to bear North 01°36'48" West along the East line of the Southeast Quarter (SE}) of said Section 2, r , e.` 967.75 feet to the True Point of Beginning; THEENCE South 88°28'56" West, 148.31 f .' feet; THENCE North Ol°52'04" West, 128.06 feet; THENCE North 89°06'56" West, 174.01 feet; THENCE North 00°53'04" East, 63.98 feet; THENCE South 88°23'12" West, 300.02 feet; THENCE North 01°36'48" West, 109.97 feet; THENCE North 88°23'12" East, 619.96 feet to a point on the East line of the Southeast Quarter (SE}). of said Section 2; THENCE South 01°36'4B" East along the East line of the Southeast Quarter (SEi) of said Section 2, 309.78 feet to the True Point of "x°- Beginning. EXCEPT right of way on the east of county road. £ "_ ,1s ' 5 F iN ztvq :i dV2,..,. - ..w. T:IZ I ,p C rr. ' atni""We.n1S` .vt w ma-miuu:.+ar _ i . •C 02210070 04/06/50 08:58 a3'0 3/006 " FEUERSTEIN CLERK & RECORDER WELD CO, CO S 1260 RE „ : F 1020 MARY ANN 7 . Parcel 5: That portion of the Southeast Quarter (SEi) of Section 11, Township 4 North, Range 66 West of the 6th P.M. in the County of Weld, State of Colorado, more . A particularly described as follows: )' £. Considering the East line of the Southeast Quarter (SE}) of said Section 11 as Yk bearing North with all bearings contained herein relative thereto. #.'.. BEGINNING at the Southeast corner of said Section 11; THENCE along the East line ��(( a:. of said Section 11 North 1037.00 feet to the Southeast corner of that certain i tl parcel of land described in deed recorded in Book 527, Reception No. 1449127 >r" records of said County; THENCE along the Southerly line of said described land yi�. &� North 64°49'00" West 575.50 feet; THENCE North 50°40'00" West 283.00 feet to the rs true point of beginning; THENCE continuing along said Southerly line North ,, '_i 72°19'00" West 600.00 feet; THENCE South 51°13'00" West 382.80 feet; THENCE i -- - - South-89°38'00" West 450:80 feet; thence South 78°26'00" West 300.00- feet; THENCE .--. a. , South 85°00'00" West 300.95 feet more or less to the West line of the Southeast Quarter (SEW) of said Section; THENCE along the West line of said Southeast FY Quarter (SEI) North 0°02'58" West 1316.58 feet more or less to the North line of e of said'" heast ; said r (SESoutheast Qunorth °53'29" East THENCE2526.39 f et; THENCE n South 2°15'9" East Quarter (SE}) ' 244.54 feet; THENCE South 10°51'21" West 114.94 feet; THENCE South 6°30'28" West 282.78 feet; THENCE South 21°28'59" West 141.65 feet; THENCE South 73°39'47" West 113.95 feet; THENCE South 34°05'19" West 228.54 feet; THENCE South r>t,• 60°41'27" West 327.24 feet; THENCE South 19°32'27" East 24.29 feet more or less , to the true point of beginning. ."t Parcel 6: ',- '4; ); All of Section 19, Township 4 North, Range 64 West of the 6th P.M., County of Weld, State of. Colorado, EXCEPT the following described parcels: BEGINNING at the Northeast Corner of said Section 19 and considering the East line of said Section 19 to bear South 00°03'49" East with all other bearings contained ?:. herein being relative thereto; THENCE South 00°03'49" East along the East line of said Section 19, a distance of 2901.26 feet; THENCE South 89°25'16" West, 1432.28 feet to a point on the existing East right of way line of the Neres Canal; 4 THENCE Northerly along said existing East right of way line by the following 19 courses: 85.99 feet along the arc of a curve to the left whose radius is 165.51 feet; ,S Central angle is 29°46'00" and chord bears North 00°48'03" West, 85.02 feet; North n`. 15°41'03" West, 203.56 feet; North 13°33'27" West, 327.82 feet; 116.43 feet along the arc of a curve to the right whose radius is 417.59 feet, central angle is 15°58'31" and chord bears North 05°34'12" West, 116.06 feet; North 02°25'04" East, 210.42 feet; 71.82 feet along the arc of a curve to the left whose radius is 347.95 feet, central angle is 11°49'32" and chord bears North 03°29'42" West, 71.69 feet; North 09°24'23" West, 131.35 feet; 75.33 feet along the arc of a curve to the right whose radius is 62.15 feet, central angle is 69°26'41" and chord bears North 25°18'52" East, 70.80 feet; North 60°02'13" East, 127.61 feet; North 46°50'18" East, ' ' 103.00 feet; North 20°25'21" East, 71.56 feet; North 02°36'34" East, 101.44 feet; . r " ' North 07°20'17" West, 403.47 feet; 179.47 feet along the arc of a curve to the left whose radius is 252.83 feet, central angle is 40°40'20" and chord bears North 27°40'27" West, 175.73 feet; North 48°00'37" West, 521.65 feet; .130.29 feet along the arc of a curve to the right whose radius is 142.68 feet, central angle is �, 52°19'16" and chord bears North 21°50'59" West, 125.81 feet; North 04°18'39" East, 106.20 feet; 102.93 feet along the arc of a curve to the left whose radius is 198.08 feet, central angle is 29°46'28" and chord bears North 10°34'35" West, c 101.78 feet; North 25°27'49" West, 63.82 feet to a point on the North line of said Section 19; THENCE North 88°54'01" East along the North line of said Section 19 a distance of 1,951.04 feet to the Point of Beginning. CC.dMENCING at the Northeast Corner of said Section 19 and considering the East. �',. FW tc B 1260 C 02210070 04/06/90 08:56 73• 41006 - %I: se'' ,' F 1021 MARY ANN FEUERSTEiN CLERK & RECORDER WELD CO, CO 4 } line of said Section 19 to bear South 00°03'49" East with all other bearings cones ° line of her East along the East ein Se o relative distanceoofT2801.26HENCE Sfeet; THENCE 9"South 89°25'16' West, C 1432.28 feet to a point on the existing East right of. way of the Neres Canal,-said point being the True Point of Beginning; THENCE North 89°25'16" East, 203.57 feet; THENCE South 17°10'09" West, 78.44 feet; THENCE South 51°37'15" West, 182.39 feet; THENCE South 22°26'19" West, 205.51 feet; THENCE South 48°19'05^ West, 258.23 feet; THENCE South 07°46'34" West, 241.36 feet; THENCE South 89`06'04" +'- West, 165.04 feet to the existing East right of- way of the Neres Canal; THENCE along said existing East right of way by the following 7 courses: 95.59 feet along , 3' 42°12'35"o and chord bears North right North l0°05'02" Wets 9 93.44 feetf North e11°01'16"glEast%.S 180.71 feet; 111.16 feet along the arc of a curve to the right whose radius is Centraln`14 nd 107.19 feet; North 64°211'47"isE East, feet;2028.46achord North 37°41'32" 131.84 feet along the am of a r� curve to the left whose radius is 199.57 feet, Central angle is 37°51'05" and chord i. ` bears North 45°26'15" East, 129.46 feet; North 26°30'42" East, 285.30 feet; 35.90 e - ^ter ---- ---feet along -the 5"am and -a North ftwhose radius is feet, central angle is 12°25'45" and chord bears North 20°1150" East, 83 35. feet to the Tone " ? Point of Beginning. '44"i ' ' Water stock irri ation wells and other property: ,.' (a) The following water stock is included: +- �`.^ (1) 54.85 shares of the capital stock of The Farmers Reservoir and Irrigation Company. '>u'. `^�� (2) 52 shares of the capital stock of Farmers Independent Ditch ;t(, • ,,,,,,,4.: ... r Company. 1 AK '1 ,r^ (b) The following irrigations wells are included: -; (1) Love Well No. 1-11891 (Case No. W-4209) S ' ;{ "a (2) Love Well No. 2-11892 (Case No. W-4209) ,. (3) Love Well No. 3-11693 (Case No. W-4209) , a=f (4) Love Well No. 4-11894 (Case No. W-4209) 4 (5) Love Well No. 5-11895 (Case No. W-4209) ',`.^1... (6) Love Well No. 6-11896 (Case No. W-4209) , ; .,: (7) Love Well No. 7 (Case No. W-4209) (8) Headley Well No. 1-11897 (Case No, W-4209) ' ' s (9) Well No. 1-12192 #2 (Case No. W-3772) (10) Herbst Well No. 2-11319 (Case No. W-4463) .'''..:21.1. T4 (c) All fixtures are included, including the following: All irrigation wells, pumps, pivot sprinklers and related equipment situate on the above real property. d1 (d) All water and water rights, both tributary and nontributary, whether 4,t adjudicated or unadjudicated, and all ditches and ditch rights, water wells and well "K rights, state engineer fillings, well registration statements and well permits,- ; reservoirs and reservoir rights, which are used on or are appurtenant to or located on or underlying, the real property described above, including, but not limited to, those specific water rights listed above. 4. ` i . a- fP 3- '`lA . x,.d..9F .r i1. s B 12�REC D 210070 04/06/90 08;58 000 5/006 F 1022 MARY .ANN FEUERSTEIN CLERK S RECORDER WELD -CO, CO I, - ` EXHIBIT "B' TO WARRANTY DEED FROM ,y^ `r.''�"'�" MILLER FEED LOTS, INC., a Colorado Corporation,- Grantor, to AGRICULTURAL PRODUCTS, INC., Grantee (Additional Warranty Exceptions) Without increasing or diminishing the printed warranty exceptions in the second paragraph of this Warranty Deed, the following constitute "additional ��+� warranty exceptions" Y , (1) Mineral grants, deeds, reservations and exceptions included in the µm following instruments - :titi ,* 6. :437,c:47;1,7, (a) Instrument recorded May 13, 1978, in Book 766 . underm Reception No. 1668430. :9.117,-.11.-.6-.: f (b) Instrument recorded April 8, 1983, in Book 993 under ' ---Reception No. 1922979.- ---- --- -- d*4 ' „..6 (c) Instrument recorded April 10, 1972, in Book 677 under Reception No. 1599298. tY' (d) Instrument recorded July 29, 1987,. in Boo k 1165 under Reception No. 2108717. .4.4 % (e) Instrument recorded April 26, 1978, in r Book 830 under , , Reception No. 1751627. - (f) Instrument recorded June 2, 1975, in .Book 740 under a .�' Reception No. 1661694. 'mot r - (g) Instrument recorded February 14, 1985, in Book 1058 under w Reception No. 1998788. .. (h) Rights of any railroad, including Union Pacific Resources ' Company, to oil, gas, coal and other minerals created by s. e. recorded instruments. " :x; (2) Oil, gas, mineral and other leases now of record and any and all easements and rights-of-way for pipelines, access, reworkin , development,pted explore- . tion and other rights to the surface and sub-surface as may be g ; d=- t666�� in such leases now of record, which leases are not specifically identified herein. gre,.} (3) Rights-of-way for all existing roads, highways, ditches, utilities, F 8 , reservoirs, canals, pipelines, power lines, telephone, water, railroads, and rights-of- ri way and easements therefor ,�f-f„ (4) The following rights-of-ways and easements: 66: (a) Right-of-way to Home Light and Power Company by instru- I-. 4r'� ment recorded May 21, 1955, in Book 1419 at Page 542. k , (b) Right of-way granted to Energy Pipeline Company by instru- went recorded October 28, 1984, in Book 1047 under Reception No. 1896689. (c) Easement granted to Spud Chips, Inc. in instrument recorded 4“,L March 3, 1970, in Book 621 under Reception No. 1543264. 'ii' + (d) Right-of-way granted to Panhandle Eastern Pipeline Company „s e..... , 4u , by instrument recorded January 25, 1977, in Book 788 under n irk,. Reception No. 1709705. a 3 (e) Right-of-way granted to Associated Natural Gas, Inc. by 4f cv. instrument recorded . October 10, 1983, in Book 1009 under V/- Iy , Reception No. 1943074. 7 t+' er k (f) Right-of-way granted to Natural Gas Associates by instru- i, c�r "J* meet recorded February 23, 1984, in Book 1021 under Reception (ttjrtfah .ttt,:44, .t ire' 6/006 •. a;�.,, B 1260 REC 02210070 04/06./90 08:58 j3 ELD CO, CO. 1,1 F 1023 MARY ANN FEUERSTEIN GLEBE 6 REC0RDE . No. 1956975. '-" . - (g) Assignment of easements and rights-of-way granted to Gas -„ - #' Associates by instrument recorded June 4, 1964, in Book 1032 under Reception No. 1969199. (h) Right-of-way granted to Associated Natural Gas, Inc. by ` - instrument recorded January 5, 1988, in Book 1181 under 11 r -,, Reception No. 2126848. t . (i). Agreement for right-of-way easements and license granted to ' # Associated Natural Gas, Inc. by instrument recorded January 5, 3 1988, in Book 1181 under Reception Nos. 2126852 and 2126853, Panhandle Si ` (j) Notice of general description of area served by Eastern Pipeline Company concerning underground facilities by � - - instrument recorded June 26, 1986, in..Book 1117 under Reception % ij r; ar,u -�" No. 2058722. __. _—_._ —____. --: E i, (k) Right-of-ways granted to Home Light and Power Company by instrument recorded April 12, 1955, in Book 1416 at Page 181 and by instrument recorded February 24, 1955, in Book 1412 at4. a `. Page 475. (1) Right-of-way granted to Poudre Valley. Rural Electric Association by instrument recorded June 12, 1980, in Book 905 - , ' _. a under Reception No. 1827280 and Reception No. 1827281. 9 .7 7-- (m) Right-of-way granted to Hennie S. Hill by instrument %tz `3^ recorded April,10, 1922, in Book 656, at Page 422.. _ r ., ., (n) The Neres Canal and rights-of-way therefor, as evidenced by ry Iir � .,; '- map filed January. 21, 1910, as Reception No. 150437. . { ''.4 -1.: ; * '. (o) Right-of-way granted to Hennie S. Hill by instrument �t, i. April 10, 1922, in Book 656 at Page 422. r(p) The Neres Canal and rights-of-way therefor, as evidenced by i map filed January 21, 1910, as Reception No. 150437. rxt;b� - (q) Rights-of-way and easements for ditches or drain ditches ; created.by the following instruments: y" 5kf Date of Recording Book page No. �,w*'"`. r Grantee t ; The Lower Latham 97 97 *y} - it .. Ditch Company July 21,.18917 >. 307 407 A'= ,• Union Ditch July 3,1909 a .e .� :' r McMillan Seep 270 445 , it January.26, 1310 3 and Drainage ' in , { (r) Right-of-way Contract for Colorado-Wyoming Gas Company � , ' instrument recorded February 25, 1949, in Book 1242 at Page 497. (s) Right-Of-way granted to Union Pacific Railroad by instrument e: i s ',. recorded November 22, 1909, in Book 314.at Page 23. l''':-.41-- (5) Surface Owner's Agreements recorded May 23, 1988, in Book 1197 t w under Reception Nos. 2142115, 2142116, 2142117 and 2142119. r4 S . (6) Leases and tenancies which have been accepted by g rantee and Y for which rents, deposits and other payments will be adjusted as of closing• 7r9 (7) Restrictions, reservations and exceptions set forth in recorded �� instruments. “) - s" • rm.-wean No._ Rtc.nda. B�3 REC 02315022 12/17/92 12:4'— �O.DO 1/002 AR2315022 = F 0503 MARY ANN FEUERSTEIN CLERK S Y,-.CORDER WELD CO, CO - WAR I' NT DEED TENS DEED.Made this days' DECEMBER .19 92 ,ha.. -: MILLER FEED LOTS, INC. 1 e corporation duly u .laird and existing a '. •iv virtue of the laws of the Suite • of COLOR,.-i0 ,gr.smr,an.' AGRICULTU;;AL PRODUCTS, Ifi a •` .hose legal address is 3380 First `• ,'ens in Center ' • Milwaukee, 53202 of the said •Musty of HELD and State of Colorado,grace: • Rc.:TIl.That the grantor for um- -.undermine of the m of CONVENIENCE DEED - NO - - COgtSIDERATI0N DDII Maio the receipt eel nSeQy of nick s hereby acknowledged,In granted,begun,.- .44 sad conveyed,and by these presage doer grin,bargain,sell,ceev y ad cotta, unto the grantee,his heirs end wipe foevo..1111,c reed property together with improvements,If any.situate,lying and being Is the said county or Weld and State artbd e of Colorado d as follows: SEE ATTACHED LEGAL DESCRIF. -H • a u known by need end number u: • . i tA,E i HER v: Ssingular ll and the berdhu an eaas and appurtenance.thereto belonging,or u anywdse appertaining,and the reversion .. and reversion, n• dated remelaic a,rent,,nuts and proles thereof,and all the mate,right,title,intam,claim and demand what. soeva of the grans-,.,aha in law or equity,n'.in and to the above bargained premier,with the herdiumeou end Wprmenas>. TO HAVE AND '.0 HOLD the said premise.above bargained and described, with the appurtenances,unto the grantee.his heirs tad assign forever. A:....the grantor,for Itself,and Its cc tors,don covenant,grant,bargain,sad agree to and with the grantee,his helm • end adgn., On at:r.time of the esecJag end delivery of then presents. be is well poised of the premises above conveyed,bas good, - sur d la,perfect, absolute and mum„r inheritance,In law,I.fee simple, and hat good right,fuland l power lawful authority m - gran, bargain, sell and convey the sun b mosse.and form as dorsaid, and that the use are free and clear from all forma and other O� grew,bargains,sales,Ikea,taxes,amen=rus.encumbreaeea sod restriction of whatever dad or nature sorer,except The greater shall and will WARRANTY Afi1:tr.kcVFA DEFEND the sbvvsbrPieed premWa b the quid and peaceable po cnios . of the grantee,bat heirs and assigns,again*an o.ed every person or persons lawfully claiming the whole or any part thereof. The singular • number dull include the plural,the plural the fi ful a,and the use of any gender shall he applicable to all gender. IN WITNESS WHEREOF,The grantor h.,caused its corporate name to be hereunto aubteribed by its Trakker,and is corporate*eel to be hereunto.rsilad,sneered by its Secretary,the day and year fu*above Ar ore. ( MILLER FEED LOTS, INC. - 1 .-) . • • vA f. '� J S E. MILLER ti s.y, n '.-n'. x: . ggC.�-�)1l tto '.m o -- 03 40 The foregringinmuma was acknowledged` -t,.pee //Jll day of DECEMBER Oi°dd,)3'12•>..'a.,\ by JAMES E. MILLER, PRESI' 5 MILLER FEED LOTS, INC., A COLogM%-•\g 17 '.,s CORPORATION ,/ • ; • 1! COI i My commission expires Warren my bed and ornelal seal. [%' �fl VJOC ' . • i)1ay`S3, /sqv `n ,i[a /e 4.3x, '., .'y'v'\l, II • liotary Public nmu')d - mw,TS.:caw,lee . N.Ns.fnepaa • . Na,tl!WAY.1NiT MUD 1i.e,a'la) _ 4 • F � ` k 2 7Jf�ir � .tf 1 + i I. F J REC 02315022 12/17/92 12:41 $10.00 2/002 F 4 MARY ANN FEUERSTEIN CLERK & R!. ORDER WELD CO, CO EXHIBIT A That part conveyed to the Great Western Sugar Company by deeds recorded October 24, 1911 in Book 365 at page 373, and recorded April 3, 1913 in Book 374, page 439, records of Weld County, Colorado, descried as follous: BEGINNING at a point where the North hat of the Union "acific Railroad Company's right of way inter-us the East line the said Southeast Quarter(SE/);THENCE running West ong the North line of said right of way, 75e feet; THENCE orth 58 feet;THENCE East 750 feet;THE'`:;E South 58 feet t„ the place of beginning. • • • • • .V tamp ee lM..• Atr.:. 2423640 F.-1482 P-312 03/02/95 03:59P PO 1 Cl t 0 00C Skid County CO Clerk a Recorder S.00 4.00 AR2e26640 WARRANTY DEED TNu DEED.Wank 1ST •b a MARCH .h 95 .Races AGRICULTURAL PRODUCTS. INC. ..apasaa See ap'teed end.aYaiq=Se rd by wires.4 Se fl..1M Ae, e ass,r1 EDWRD I. CAIOTLIIC AND KELLY A. M ERLIIRI, AS JOINT TERAW'S . Naawysµai 19729 VCR 2531 , Platteville, Co 80651 _„ as. said Cesge ea are.fc4asa.peers " Wit NASAL.N.Tal S.par for r Is.w.iJe,els eta ear d TORTE TICOSAID `4a wt 00/100 (940,000.00) DOltall.the ne& awlatW..'q drt+.tY Rt beady ocrearged.Yes preed,area wadserea6.s4 by IS pie 4.e,par R.Wa at.either at se Oa k y^ ere Mpare.hh ha.ad arias hraw..Aa.d pap.r,arbor MO awe arra.Reg......a.4te4 ewf lae,ia said Ce.+y et WELD W Sam.4 Curra dacha r Fie.: All of the land lying North of the Onion Pacific Railroad Right of Nay by • Decree of Condemnation recorded Naves*er 22, 1909 in Nook 314 at peg. 23, in the Southeast Quarter (1/4) of Section 2, Township 4 North, Range SS West. of the 6th P.N., County of weld, State of Colorado. Incept any ssa sane or right .- of rays for Union Ditch. 6 Seller hereby reserves 1001 of any oil. gas I other mineral rights which Seller now owns, if any. m 1a..r by sea W...tan a: VACANT LAND , TOGETHER S..e W rya.a boalleirda ad.q..ree tare bele•a1g•or r serer,,- ...I•R•s.ad M,.+errs ea anni.eh rear of..side.is Yaa s4 pale area,awl i Mar,apt W,.art dr.at Sad Ma .area eta peace.abet i la ar ray..t.irtrdaalma torpid pair aM the ta.4iar.b rod gpre rra TO HAVE AND TO ROt.D the Sd paths den berms W 4.a.af.Ma the eppwrass,era the gab W 1s...et rips teen. A.t the paara,fa bet al be..aura.4.s saesd,no,tenet W se is ea Sib S yam M Feb sod arias_ as et M tre of aria ea aeon edam pasts.le le era rind ea perira rem raaget.M pad. rat.paled.Sets ad l.it.iM.re Yb.Lws.i he.N f e.rear.r M a••t apt A4 year r MT4 ear"a par,aria• sell sod rag Mew i as rod In a eferrald,W 4 M roe re M or ear sea d loss wises, per..Mara.dr.Pa as..serves,+cobras W.rrieF—of.aver.Wed smear era..earl V GENERAL TAXES FOR 1995. RATABLE IN 1996. AND IICEPf • RESTRICTIONS. RESERVATIONS, RIGHTS or HURT, AID EASnmrl'S or RECORDS. The par rat ad eV WARRANTY AND FOREVER DEFEND the e&..apirt pairs i a rig W percale pee vere et the pieta lY heirs sod eda epic d as envy Tense eepees awfully Aida a.ar.er soy peal Seed.The rear a' eadateael abide de plea.M par the gather.W the as of way p.da.tat be ayiweNs to ell par . DI WITNESS WHEREOF.The parr ace rrd be erase ma le be roar..Lathed be be Prank r be camas ear be area a rued..read by M Sea .ey.a dg and roe Pa,h..t errs. Ass: AGRICULTURAL PROM:'3. INC. . By,, br iAgrel U" \ P'.' r_tr!l sw 4, , VOIDER S. CHRISTIANS17r . . . Stare COLORADO ) J` Canary [ et WELD )\_7t.'C. / \`'.___J j The hnpii rear+.w..da.edpd Mon re sir 1ST red MKS .M 55. IT DONNA S. CHRISTIA2 SU. ASSISTT1tT up..esi.a.T_TT sea I t U •'�1eTA_ 1 �l 4 aweM/CAA,.4 aw e.WAIN, 40.'*ben ea aswm MIDRaeesi..* 266211111121/ 99 W 111111 III tIIII IIII IIII • 0,.1 j 2662096 12/21/1998 6P Weld County CO 1 of 2 R 11.00 0 8.99 JP Sukl Tsukamoto WARRANTY DEED THIS DEED, Made this 18th day of December, 1998 between Edward F. Campling and Kelly A. Campling of the County of Weld and State of Colorado, grantor, and William J. Schneider and Cheryl A. Schneider whose legal address is 2137 21st Avenue, Greeley, Colorado 80631 of the County of Weld and State of Colorado, grantees: WITNESS that the 100 ($89,900.00), and in Dollars,consideration receipt and sufficiency of whichAis NINE HUNDRED AND ed 00/100, hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy in common but in JOINT TENANCY, all real property, together with improvements, if any, situate, lying and being in the county of Weld and State of Colorado, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF also known by street and number as Weld County Road 35, LaSalle, Colorado YTOGETHER with all is singular inin bandditaments and the reversion and reversions, remainder thereunto and belonging, or in anywise appertaining remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in CA and to the above bargained premises, with the hereditaments and appurtenances. Lh. C` 1 (� TO HAVE AND TO BOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents,bsoluteeand indefeasible estatepof inherremises itance, in conveyed, has good, ands,, perfect, law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes eiond rights and years; except amrd restricti ons, covenant e,, conditions, reservatns and The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the date set fo th above. Edward 7 /d F. Camplin Kr/A. Cr, 9 STATE OF COLORADO 1 } es. The foregoing instrument was acknowledged before County of Weld } me this 18th day of December, 1998 by Edward F. Campling and Kelly A. Campling itness my hand and official seal. My commission expires August 9, 1999 ;, eu...!tip c1 'r� t��l : V NOTARY PUBLIC y .� ):, (/", ;a;• 1113 Tenth Avenue s / Of�1 Greeley, Colorado 80631 No. 921A. Re ,`3i85 _ ;COi `'t',a?ATE O� / ESCROW NO. : 8045445 DATE December 17 1998 "EXHIBIT A" LEGAL DESCRIPTION PARCEL 1: All that part of the SE1/4 of Section 2, Township 4 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado, lying North of the Union Ditch. PARCEL 2: All that part of the SE1/4 of Section 2, Township 4 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado, lying North of the Union Pacific Railroad right of way by Decree of Condemnation recorded November 22, 1909 in Book 314 at Page 23. EXCEPTING THEREFROM that part conveyed to The Great Western Sugar Co. by deeds recorded October 24, 1912 in Book 365 at Page 373 and April 3, 1913 in Book 374 at Page 439. ALSO EXCEPTING THEREFROM that part lying North of the Union Ditch. PARCEL 3: A part of the SE1/4 of Section 2, Township 4 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado, described as follows: Beginning at a point where the North line of the Union Pacific Railroad Company's right of way intersects the East line of the said SE1/4; thence running West along the North line of said right of way, 750 feet; thence North 58 feet; thence East 750 feet; thence South 58 feet to the Place of Beginning. Name and address of person creating newly created legal description (38-35-106.5, C.R.S.) William J. Schneider 1212 8th Ave. Greeley, _CO 80631 AIM 11111 ��10111111111111111111111111111111 IIII 2662095 12/21/1998 04:36P Weld County CO 2 of 2 R 11.00 D 8.99 JR Sukl Tsukemoto aWe CENTRAL WELD COUNTY WATER DISTRICT December 23, 1998 Jack Schneider 1212 8'h Avenue Greeley, CO 80631 RE: Water Service Dear Mr. Schneider: This letter is in response to a request for water service to serve the following property described as follows: Pt of SEY Section 2, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado. Water service can be made available to the above described property, provided all requirements of Central Weld County Water District, Northern Colorado Water Conservancy District and the U. S. Bureau of Reclamation are satisfied. Please note that you are responsible for confirming that this property has met the requirements of Northern Colorado Water Conservancy District and the Bureau. Central Weld cannot issue a tap until all requirements are satisfied. Central Weld County Water District requires that contracts be consummated within one (1) year from the date of this letter, or this letter shall become null and void unless extended in writing by the District. Sincerely, CENTRAL WELD COUNTY WATER DISTRICT W. Za General Manager JWZ/ca 2235 2nd Avenue • Greeley,Colorado 80631 • Phone(970)352-1284 • Fax(970)353-5865 John W.Zadel,General Manager • • CLERK TO THE BOARD PHONE (970)356-4000, EXT.4218 FAX: (970)352-0242 P.O. BOX 758 GREELEY,COLORADO 80632 COLORADO STATE OF COLORADO) ss COUNTY OF WELD ) I, Donald D. Warden, Clerk to the Board of County Commissioners, in and for the County of Weld, State of Colorado, do hereby certify that the attached Recorded Exemption, Case Number RE-2430-William Schneider, is the original case, as received in the Clerk to the Board of County Commissioners, 915 10th Street, Greeley, Colorado 80632, which includes the Planning Commission file. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County at Greeley, Colorado, this 21st day of June, 1999. 4.,;1 \ !t x4 /1 !' tfi1l.S:I/: 1 * CLERK 0 THE BOARD 41, `VQ\ y -1 DEPUTY CLERK TO THE BOARD . r pU CuNC\ • i � � Hello