HomeMy WebLinkAbout960549.tiff r `
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RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION #1833 - MOODY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on December 27, 1995, the Board of County Commissioners considered
Recorded Exemption #1833, pursuant to its authority under Section 30-28-101(10)(d), CRS, as
amended, at which time said matter was continued to January 10, 1996, then again to January 31,
1996, then again to February 14, 1996, then again to March 27, 1996, and
WHEREAS, on March 27, 1996, the Board of County Commissioners did determine, at a
meeting held in the Chambers of the Board, that a certain parcel of land, to be divided into two
parcels, as shown on the plat known as Recorded Exemption #1833, does not come within the
purview of the definition of the terms, "subdivision" and "subdivided land", and
WHEREAS, the request for Recorded Exemption #1833 was submitted by J. Gale Moody,
do A. Bruce Johnson, 801 8th Street, Suite 220, Greeley, Colorado 80631, for property which is
located in part of the SW% of Section 5, Township 6 North, Range 65 West of the 6th P.M., Weld
County, Colorado, being more particularly described in the plat which shall be provided by the
applicant and known as Exhibit "A", said plat to be recorded, and
WHEREAS, this request is to divide the property into parcels estimated to be approximately
2 acres and 76 acres.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the hereinabove described parcel of land be, and hereby is, exempt from the
definition of the terms, "subdivision" and "subdivided land".
BE IT FURTHER RESOLVED by the Board that Recorded Exemption #1833 submitted by
J. Gale Moody be, and hereby is, approved conditional upon the following:
1. A Weld County septic permit is required for any proposed home and shall be installed
according to the Weld County Individual Sewage Disposal System (ISDS)
regulations.
2. Prior to recording the plat:
a. the plat shall show a thirty (30)-foot joint access easement on Lots A and B
leading to an access point onto Weld County Road 39. Said access
easement shall be dedicated on the plat for the use as shown using the
language set forth in Section 11.7.1.12.5 of the Weld County Subdivision
Ordinance.
960549
RE1833
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RE: RE#1833 - MOODY
PAGE 2
b. the following note shall be placed on the plat:
NOTE: 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.
3. Lot B shall be allowed to maintain two existing accesses from Weld County Road 72.
No additional accesses shall be allowed to Lot A or Lot B.
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 days from the date
of approval by the Board of County Commissioners. The applicant shall be
responsible for paying the recording fees.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 27th day of March, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COLORA O
JutylerktheBoard _
• aBarba J. Kirkmeyer, CClerk to the Board BaxterProem Dale K. Hall
APPRO D AS TO FO (.--62.<2
270;.-7--..• i
/� Constance L. Harbert I /
nfy Atttorn �/� / J exi �l
W. Web er
960549
RE1833
CONDITIONS OF APPROVAL
RE-1833
J. Gale Moody
1. AWeld County septic permit is required for any proposed home septic system and shall
be installed according to the Weld County Individual Sewage Disposal regulations.
2. Prior to recording the plat:
a. the plat shall show a thirty (30)-foot joint access easement on Lots A and B
leading to an access point onto Weld County Road 39. Said access easement shall
be dedicated on the plat for the use as shown using the language set forth in
Section 11.7.1.12.5 of the Weld County Subdivision Ordinance.
b. the following note shall be placed on the plat: All proposed or existing structures
will or do meet the minimum setback and offset requirements for the zone district
in which the property is located.
3. Lot B shall be allowed to maintain two existing accesses from Weld County Road 72. No
additional accesses shall be allowed to Lot A or Lot B.
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 Ordiance. The plat shall be submitted within sixty (60) days from the date of
approval by the Board of County Commissioners. The applicant shall be responsible for
paying the recording fees.
960549
STAFF RECOMMENDATION
RE-1833
J. Gale Moody
The Department of Planning Services' staff recommends denial for the following reasons:
1) The proposal does not comply with the intent of the A(Agricultural) zone district as set
forth in the Weld County Comprehensive Plan, specifically Goal 1 and Policy 1; Goal 4
and Policies 4.1.1, 4.1.2, 4.1.4 and 4.1.6; and Goal 7.
2) The proposal is not consistent with Section 1.3.1 and 1.3.10 contained in the Statement of
Purpose, Weld County Subdivision Ordinance.
The request to divide 2 acres from the parcel does not promote or enhance continued
agricultural production within Section 5. Four residences exist directly west on an
adjacent property. The six recorded exemptions previously approved along with three
deeded ditch rights-of-way have already divided Section 5 into a number of buildable
parcels which are under the 80-acre minimum lot size.
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COLORADO STAFF SUMMARY TO TI
Case Number: RE-1833
Applicant's Name: J. Gale Moody
Legal Description of Property: Part of the SW4 of Section 5, T6N, R65W
Location: East of and adjacent to Weld County Road 37 and north of and
adjacent to Weld County Road 72
Zone District: Agricultural
Urban Growth Boundary area: Town of Eaton
Proposed Use: Sell Lot A with farm machine shed to tenant farmer; Lot B
remains irrigated farmground
Total Number of Acres: 78 acres: Lot A--2 acres; Lot B--76 acres
Water Supply: North Weld County Water District proposed for both lots
Proposed Sewer: Individual septic systems proposed for both lots
Access: Lots A & B share existing access from WCR 39; Lot B has 2
existing accesses from WCR 72
Soil Classifications: #51 & #52 (Otero Sandy Loam)--prime farmland if
irrigated with an adequate supply of water
Referral responses: Michael Shay of West Greeley Soil Conservation District has
concerns in allowing additional residences at this location, due to the presence of prime
agricultural soils on and surrounding the site.
Comments: 8 acres of the site will be deeded to the Eaton Cemetery for expansion of
this use. Staff approved Subdivision Exemption #563 on December 14, 1995, allowing
a boundary adjustment along the north boundary of this parcel.
960549
WELD COUNTY DEPARTMENT OF PLANNING SERVICES/BUILDING INSPECTION
CITIZEN INQUIRY FORM
1400 N. 17TH AVENUE, GREELEY, CO 80631
PHONE: (970) 353-6100 EXT. 3540 FAX: (970) 352-6312
❑ TELEPHONE U OFFICE FIRST INQUIRY? ❑ YES ❑ NO DATE:
NAME: ll g( r-e s-e_c Lc-L PHONE:
ADDRESS: R 1 U9. 33
TYPE OF INQUIRY:
❑ MHZP ❑ SKETCH PLAN ❑ MINOR SUB SKETCH PLAN
❑ ZPMH ❑ PRELIMINARY PLAN ❑ MINOR SUB FINAL PLAT
❑ RE ❑ FINAL PLAT ❑ ZONING
❑ AMENDED RE ❑ RESUBDIVISION ❑ ADDRESSING
❑ SE ❑ FHDP ❑ BUILDING PERMIT
❑ AMENDED SE ❑ GHDP ❑ SETBACKS/OFFSETS
❑ SITE PLAN REVIEW ❑ USR ❑ HOME OCCUPATION
❑ REZONING ❑ AMENDED USR ❑ VIOLATION
❑ PUD SKETCH PLAN ❑ USR MINING ❑ OTHER
❑ PUD DISTRICT ❑ USR MAJOR FACILITY ❑
❑ PUD FINAL PLAT ❑ USR DISPOSAL SITE ❑
PERSONNEL
❑ Keith Schuett ❑ Shani Eastin ❑ Gloria Dunn ❑ Todd Hodges
❑ Chris Goranson ❑ Susan McMullen U Ed Stoner U Roger Vigil
❑ Ken Schlueter ❑ ❑ ❑
ITEMS DISCUSSED:
ifE /7 /i / �t3 � /9`l
(c6uvtl.
S 7 / q75
fE i, / 779
r / / I /r' 7y
gE / ses
Time Spent Staff Member's Initials
citizen
S.
WELD COUNTY DEPARTMENT OF PLANNING SERVICES/BUILDING INSPECTION
CITIZEN INQUIRY FORM
1400 N. 17TH AVENUE, GREELEY, CO 80631
PHONE: (970) 353-6100 EXT. 3540 FAX: (970) 352-6312 '-
CI TELEPHONE U OFFICE FIRST INQUIRY? Li /YES ❑ NO DATE: /` / 96
NAME: gl&t.c1
PHONE:
ADDRESS:
TYPE OF INQUIRY:
❑ MHZP ❑ SKETCH PLAN ❑ MINOR SUB SKETCH PLAN
O ZPMH O PRELIMINARY PLAN ❑ MINOR SUB FINAL PLAT
0 RE I0 FINAL PLAT p ZONING
❑ AMENDED RE ❑ RESUBDIVISION 0 ADDRESSING
❑ SE p FHDP ❑ BUILDING PERMIT
p AMENDED SE ❑ GHDP O SETBACKS/OFFSETS
❑ SITE PLAN REVIEW 0 USR O HOME OCCUPATION
0 REZONING 0 AMENDED USR p VIOLATION
p PUD SKETCH PLAN ❑ USR MINING ❑ OTHER
❑ PUD DISTRICT O USR MAJOR FACILITY ❑
❑ PUD FINAL PLAT 0 USR DISPOSAL SITE ❑
PERSONNEL
p Keith Schuett ❑ Shani Eastin ❑ Gloria Dunn p Todd Hodges
❑ Chris Goranson 0 Susan McMullen 0 Ed Stoner 0 Roger Vigil
❑ Ken Schlueter 0 0 0
ITEMS DISCUSSED:
' 1 , U
-S ( -, r
a.,_ " O6, 6.--- 4,c__1 /
Time Spent Staff Member's Initials
citizen
a Kit IlDDEPARTMENT OF PLANNING SERVICES
Wi PHONE (303)353-6100,EXT.3559
FAX (303)351-0978
WELD
O COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 80631
fax transmittal
to: A. Bruce Johnson
fax: 352-8761
from: Ben Patton, Planner
date: June 12, 1998
re: RE/PUD withdrawl; status of parcel
pages: 2
NOTES:
SERVICE,TEAMWORK,INTEGRITY,QUALITY
f • •
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3559
WIERFAX (970) 352-6312
C. WELD COUN REDMI NISTRATIVE OFFICES
Y400 N. 17TH
AVO ENUE
COLORADO
June 12, 1998
A. Bruce Johnson
801 8th St., Ste. 220
Greeley, Colorado 80631
Mr. Johnson:
Recently you submitted to the Weld County Department of Planning Services (DPS) a letter
requesting withdrawl of Recorded Exemption#1833 and S-421 (Sketch Plan for a PUD application)
on behalf of Don Magnuson. Mr. Magnuson is recognized as the fee owner of the 75.3 acres in
Section 5, Township 6 North, Range 65 West upon which all or part of these two applications would
have been placed. As of this date, Weld County does officially recognize the withdrawl of the two
applications referenced above.
In addition, to facilitate a transfer of title for the aforementioned 75.3 acre lot, you have asked DPS
staff to reaffirm the status of this parcel.
Upon review of the necessary information, staff has determined that the 75.3 acres in question is
a legal, buildable lot. This conclusion was reached through a review of the case files pertaining to
the discontinued applications referenced above, as well as property research files. If you have any
further questions regarding this matter please contact me at the above address.
Sincerely,
Ben Patton
Planner
June 9 , 1998
Weld County Planning
P t r-n : ti en n Pi i- -
RE: RE 1833
Ben:
t•,c 1 by I;71 P M•� r rr - `'e- .t- r.r.t' ? ! r1�l is '' l1 •'•11
Apc{ cat w on - made ,y J . .. nc��. -
in Section 5 , T6N . R65W which was approve on March ?1 J u.:. ir.
REl 833 .
Atter rnlrchasing th property. Dona id d aT o eat-lnt to !.n•..•.r+•• • :
presented sketch plans tor estate lots which were numbered 5-421 .
Due to the current contract status nr the property to kohlch these
two application are applicable , there is no longer a need to
pursue these o i , cat. .ons .
+ - �� ♦ • try he rere� .
+Z"-' Y'PfYll*yCt l n(3 that 1' !'{ h. r • � ::nr. ! rat�.rin ". .. • ,
t^. the comt+ietion or tre contract to Don arle .IoAnn Wi !.rs.
4Q)6 ,L
Don Magnuson
• •
. •
DEPARTMENT OF PLANNING SERVICES
liD PHONE (970)353-6100,EXT.3540
FAX (970)352-6312
C. WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY,COLORADO 80631
COLORADO
April 7, 1997
Mr. and Mrs. Dent
1145 29th St. Rd.
Greeley, CO 80631
• Subject: A parcel west of and adjacent to the Eaton Draw,north of and adjacent to WCR 72,east of and
adjacent to WCR 39. Otherwise being known as part of the SW4 of Section 5,T6N,R65W of the
6th P.M.,Weld County, Colorado.
Dear Mr. and Mrs. Dent:
The parcel as described above and consisting of approximately 2.69 acres,more or less,is considered a
buildable, legal lot. The parcel is separated by a deeded right-of-way on the east side, and by county
roads to the south and west,as was recognized during the processing of RE-1795 as a separate buildable
parcel. However,the property is located within the 100 year floodplain, as defined on the FEMA map
community-panel number 080266 0488 C. A Flood Hazard Development Permit would be required for
any kind of construction,building,etc. I have included a copy of both the FEMA map as well as a copy of
the Flood Hazard Development Permit procedural guide. Should you have any additional questions,I may
be reached at the above address and telephone number.
Sincerel ,
Chris Goranson
Current Planner
pc: case files RE-1795,RE-1915,property research file
enclosure: FHDP,FEMA map 080266 0488 C
a . bruce
* JO
HNSON & ASSOCIATES 801 8th Street — Suite 220
LAND RESOURCE SPECIALISTS Greeley, Colorado 80631
(303) 356-6110
January 29, 1996
Board of County Commissioners
915 10th Street
Greeley, CO 80631
Dear Commissioners:
With the consensus of Current Planner Gloria Dunn, County Attorney Bruce Barker and
applicant J. Moody, I am requesting a continuance of RE 1833 for two weeks to allow
time for the aforementioned parties to further evaluate the various ideas discussed at the
January 9, 1996 meeting. Mr. Moody has been out of state on various business matters
and will return today.
Thank you for your consideration of this matter!
Sincerely,
yr
A. Bruce Johnson
ABJ/sc
Colorado.Nebraska-Wyoming • Farm & Ranch • Water 96(1�3549
Appraisals • Sales • Exchanges • Minerals • Consulting �7
a . bruce
JOHNSON & ASSOCIATES 801 8th Street — Suite 220
LAND RESOURCE SPECIALISTS Greeley, Colorado 80631
(303) 356-6110
January 9, 1996
Board of County Commissioners
915 10th Street
Greeley, CO 80631
Dear Commissioners:
With the consensus of Current Planner Gloria Dunn, County Attorney Bruce Barker and
applicant J. Moody, I am requesting a continuance of RE 1833 for three weeks to allow
time for the aforementioned parties to further evaluate the various ideas discussed at
today's meeting.
Thank you for your consideration of this matter! Thank you.
Sincerely,
A. Bruce Johnson
ABJ/sc
Colorado-Nebraska-Wyoming • Farm & Ranch • Water 960549
Appraisals • Sales • Exchanges • Minerals • Consulting
•
DEPARTMENT OF PLANNING SERVICES
PHONE (303)353-6100,EXT.3540
FAX (303)351-0978
WELD COUNTY ADMINISTRATIVE OFFICES
WI C. 1400 N. 17TH AVENUE
GREELEY,COLORADO 80631
COLORADO
December 18, 1995
J.Gale Moody
clo A.Bruce Johnson
801 8th Street,Suite 220
Greeley,CO 80631
Subject RE-1833
Dear Mr.Moody:
I have scheduled a meeting with the Board of County Commissioners on Wednesday, December 27, 1995, at
9:00 a.m.to consider your application. This meeting will take place in the County Commissioners' Hearing
Room,first floor,Weld County Centennial Center,915 Tenth Street,Greeley,Colorado. It is recommended that
you or a representative be in attendance to answer any questions the Board of County Commissioners might
have with respect to your application.
The Department of Planning Services' staff will make a recommendation concerning this application to the
Board of County Commissioners. It is the responsibility of the applicant to call the Department of Planning
Services'office a few days before the date of the Commissioners'hearing to obtain the recommendation.
If you have any questions concerning this matter,please feel free to call me.
Respectfully,
Glori Dunn
Cu:tit
Service,Teamwork, Integrity,Quality
r, Ittef
sDEPARTMENT OF PLANNING SERVICES
PHONE (303) 353-6100, EXT.3540
' FAX (303) 351-0978
WELD COUNTY ADMINISTRATIVE OFFICES
C. GREELEY,COLORADO 8 631400 N. 17TH 1
COLORADO
November 16, 1995
J. Gale Moody
A. Bruce Johnson
801 8th Street, Suite 220-I
Greeley, CO 80631
Subject: RE-1833, located in part of SW4 of Section 5, T6N, R65W of 6th P.M., Weld County,
Colorado.
Dear Mr. Moody:
Your recorded exemption application is currently being processed and will be completed following
review of the proposal by referral agencies and Department of Planning Services. 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 Town of Eaton's Planning Commission for
its review and comments. It is recommended that you and/or a representative be in attendance
at the Town of Eaton's Planning Commission meeting to answer any questions the Commission
members may have with respect to your application. Please call Gary Carsten, at (970) 454-
3338, for further details regarding the date, time, and place of this meeting.
If you have any questions conceming this matter, please call me.
Sincerely,
lor' Dunn
Current Planner
9605119
liba . bruce
JOHNSON & ASSOCIATES 801 8th Street — Suite 220
LAND RESOURCE SPECIALISTS Greeley, Colorado 80631
(303) 356-6110
(303) 352-8761 Fax
November 13, 1995
Department of Planning Services I'
14OO N. 17th Avenue
Greeley, CO 8O631 r NOV 1 4 1994
TO WHOM IT MAY CONCERN:
Please send all correspondence with applicant to:
A. Bruce Johnson
8O1 8th Street, Suite 22O-I
Greeley, CO 8O631
Telephone : (303) 356-6110
Who is my agent in this matter. If you need any further
information, he will try to accommodate your reasonable requests .
1 . Attached is a complete application (plus five copies) for a
Recorded Exemption on property currently owned by J. Gale Moody,
the applicant in this matter. Subject land shall be that portion
of the SW 1/4 of Section 5, Township 6 North, Range 65 West of
the 6th P.M. , Weld County, Colorado, lying between the Gale
Lateral (W.D. 4-5-1917) and the McClellan Ditch (W.D. 9-10-1887)
excluding the Subdivision Exemption simultaneously submitted.
Included in the application package are the following.
a) A recorded exemption application form;
b) A copy of my deed is attached to the Certificate of
Conveyance from Transamerica Title Services;
c) Letter from North Weld County Water District indicating
availability of water service .
d) Included is the completed Recorded Exemption
Questionnaire;
e) A map drawn to scale on an 81/2 x 11 inch paper as
required by the Recorded Exemption Procedural Guide .
Colorado-Nebraska-Wyoming • Farm& Ranch • Water [[ �C
Appraisals • Sales • Exchanges • Minerals • Consulting 96 L.PO :.`J
a
Department of Planning Services
Page Two
November 13, 1995
2 . As mentioned above, Transamerica Title Services ' Certificate
of Conveyance form and related deeds are included in this
application.
3 . Enclosed is a check in the amount of $990 payable to the
Department of Planning Services for the required non-refundable
application fee. The recording fee will be submitted after
approval with the Recorded Exemption Plat . Said plat shall be
prepared according to Section 11-7 of the Subdivision Ordinance.
Thank you for your assistance in this matter.
Sincerely,
oody
Attachments Application
Transamerica Title Company Certificate of
Conveyance and Deed
North Weld Water District Letter
Recorded Exemption Questionnaire
Map
Check for Application Fee
960543
RECORDED EXEMPTION FIELD CHECK
CASE NUMBER: RE-1833 DATE OF INSPECTION: November 30, 1995
APPLICANT'S NAME: J. Gale Moody
LEGAL DESCRIPTION: Part of the SW4 of Section 5, T6N, R65W
LOCATION: East of and adjacent to Weld County Road 39 and north of and adjacent to Weld
County Road 72
LAND USE: N: Eaton Cemetery, agricultural production
E: Gale Lateral, agricultural production
S: Agricultural production, residence
W: McLellan Ditch, agricultural production, 4 residences, feedlot
ZONING: N A E A S A W A
Road ADT Date Accidents Date
Road ADT Date Accidents Date
UNSAFE CONDITIONS:
Inadequate sight distance to west (500' clear view @ 55 mph)
Setbacks/structure from access
Bridge location from access (less than 200' )
Weeds
Landscaping
Inadequate distance from road intersection or railroad crossing
x None observed at time of inspection
TOTAL # ACCESSES IN MILE
State Highway Weld County Road _72 Weld County Road 39
_ Residences 4 Residences I' Residences
Other structures 4 Other structures Other structures
Agricultural _5_ Agricultural 6 Agricultural
Commercial 2 Commercial __J Commercial
ROAD SURFACE
WCR 39 Paved WCR 72 Gravel Unimproved
Requested Engineering to inspect site - Y N x Date:
96'549
COMMENTS: One access to Lots A and B was observed from Weld County Road 39; it appears
that an access easement will be required across Lot B for the benefit of Lot A. Two
accesses were observed from Weld County Road 72 to Lot B. Lot A is vacant ground except
for an existing agricultural building which appears not to be in use. Lot B is in
agricultural production. East and west boundaries of Lot B are McLellan and Gale
Ditches. No residences on either lot. The ground drops in elevation southwest of Lot
B and the McLellan Ditch; otherwise, the land is fairly flat.
Gloria Dunn, Current Planner
960549
ADMINISTRATIVE REVIEW FLOW SHEET (j'
/ // CASE# RE ///15 5
APPLICANT:i 6 !P A O d CI
n (,
REQUEST: �C
LEGAL: If .rl o y -/Cps-
LOCATION: EeLa. a cc` - .A woe 521 Al .� F a c>/72C z--.7` A &X
�i 7
Date By
Application Received /7- /c- C/ - GULL
Applicant complete // �(/-�j� 61/0
Referrals listed -/11_/S -9f CAO
File assembled 1110, 5
Letter to applicant mailed
Vicinity map prepared
Referrals mailed ( (0_9 c "Ede
Field check by DPS staff //'` i o/5 C
Administrative Review decision:Ju r ,.� -I —TS 6-/b
History card completed
Date By
COMMISSIONER TEARING DATE L ) _ l 'f✓l
Surrounding P '.r ity owner notified
Air; -' n uaj r ,,.vc! 1 . 21- IS
CC 4,c:don: /Lj r r-vc c( S C7 - 2_7 G3 — /
a17 I iL,c
(\4 A
CC resolution received ' 10
History card completed /hail
Recorded on maps sr id filed . I
APPLICATION FOR RECORDED EXEMPTION
Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631
Phone (970) 353-6100, Ext. 3540, Fax# (970) 353-6312
FOR PLANNING DEPARTME
990-
NTUSE ONLY:
APPLICATION FEE 9 9u RECORDING FEE
CASE NUMBER Kt /fj 333 RECEIPT NUMBER 0.Ig90.149,4ZONING DISTRICT APPLICATION CHECK BY
TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures).
I (we), the undersigned hereby request that the following described property be designated a recorded
exemption by the Weld County Board of County Commissioners.
That portion of the Southwest 4, Section 5, Tcwnship 6 North, Range 65 West
LEGAL DESCRIPTION: of the 6th P.M., Weld County, Colorado, lying between the MtCellan Ditch and
�� the Gale Lateral (W.D. 9-10-1887 & W.D. 4-5-1917 respectively), except tor
TOTAL ACREAGE: ""c+ acres more or less the total less 8± acres Subdivision Exemption less 2±
acres Lot A.
Has this property been divided from or had divided from it any other property since August 30, 1972?
Yes_ No X (Subdivision Exemption simultaneously submitte
Is this parcel of land under consideration the total contiguous land owned by the applicant?
Yes X No (Because of Deeded Ditches)
FEE OWNERS OF PROPERTY:
Name: J. Gale Moody (Please contact A. Bruce JohnsonHome Phone#
Address: 801 8th Street. Suite 220. Work Phone# (970) 356-6110
City/State/Zip Code Greeley. Co 80631
Name: Home Phone#
Address: Work Phone#
City/State/Zip Code
Water Source: Larger Parcel Proposed NWGWD Smaller ParceINWCWD tap proposed
Type of Sewer: Larger Parcel Proposed Septic ISIS Smaller Parcel Existing septic system
Proposed Use: Larger Parcel Farmland Smaller Parcel Farm shop
Acreage: Larger Parcel 76i Smaller Parcel 2±
Existing Dwellings: (Yes or No) No (Yes or No) Yes - Shed
I hereby state that all statements,proposals,or plans submitted with this application a true and correct to the
best of my knowledge. '
Signature. r Authorized Agent
A. Bruce Johnson
960549
RECORDED EXEMPTION QUESTIONNAIRE
1 . Explain the reason for the proposed recorded exemption and
how each proposed lot will be used.
The reason for the proposed recorded exemption is to split
the existing building ( farm machinery shed) from the farm.
Lot A of the proposed recorded exemption will be the
existing building (shed) and Lot B will be the existing
farm. Applicant owns other farmland in the Eaton area and
does not need the shed nor wishes to maintain nor secure it .
The long term tenant farmer wants to purchase said shed. He
farms this land plus six other farms in the neighborhood and
wants to establish a "home base" for his farm machinery.
2 . Describe the location, size and present use of the area
where each proposed lot will be created.
Lot A of the proposed RE is located near 35190 WCR 39 which
is adjacent to WCR 39 north of WCR 72 1/3 mile more or less .
It is approximately 2 . 00 acres in size and triangle in shape
with the dimensions being approximately 400 feet north and
south and approximately 500 feet east and west. This site
is the present shed and waste area around the shed due to
field size and shape and the McClellan Ditch.
Lot B is the balance of the SW1/4 of Section 5, Township 6
North Range 65 West lying between the McClellan Ditch and
the Gale Lateral, except the 8+ acres in Subdivision
Exemption simultaneously submitted. It will be
approximately 76 acres more or less . It will remain an
irrigated farm. Lot A will not reduce the farmable acreage .
3 . Explain how the proposal is consistent with the Weld County
Comprehensive Plan and any adopted municipal plan, if
applicable.
The proposal is consistent with the Weld County
Comprehensive Plan which allows for Recorded Exemptions via
the subdivision ordinance 173 and as amended in Ordinance
173-A effective August 10, 1993 . The building is allowed to
be split from farmland which allows the farmland to remain
in tack. Section 11 .2 explains the exemptions and is in
compliance with Section 11 . 8 . This land does lie within 3
miles of the Town of Eaton, in fact, adjacent to the
annexation strip (South end of Eaton Cemetery) . Lot A will
remain rural farm machinery shed (agriculture zone) and Lot
B will remain irrigated farmland (agriculture zone) which
96054
both are consistent with the Comprehensive Plan Exemptions .
Subject property will have a subdivision Exemption
Application simultaneously submitted, according to Section
11 . 4 of the Subdivision Exemption. Two lots are proposed
from these joint applications . One lot will have 2+ acres
and the shed; the other lot has no house or other buildings .
The Subdivision Exemption will be merged into the existing
cemetery. This Subdivision Exemption is also consistent
with the Subdivision Ordinance reference "Subdivision
Exemption used for adjustment of property lines between two
contiguous parcels . " The two Eaton Cemetery lots will merge
via a merging Deed creating one parcel .
4 . Explain how the uses permitted will be compatible with
existing uses surrounding the proposed recorded exemption.
The neighborhood is primarily irrigated farmland with
farmsteads . The property to the North is an irrigated farm
and Eaton Cemetery. The land to the East is irrigated
farmland. To the South is irrigated farmland and residence.
To the West is irrigated farmland with residences .
5 . Explain how the proposal is consistent with the intent of
the zoning district it is located within.
This Lot A and Lot B is in the agricultural district which
allows lot sizes greater than one (1) acre, and this
application complies . Historic and proposed uses are the
same (agriculture) . A zoning change is not applicable nor
desirable at this time. There is other agricultural zone
land between subject land and the Town of Eaton.
6. Explain how the proposal is consistent with efficient and
orderly development.
The proposed Recorded Exemption and Subdivision Exemption is
not part of an approved Recorded Exemption within the past
five (5) years (actually never) . The proposed is not part
of an approved subdivision or recorded subdivision plat or
unincorporated community and does not evade the requirements
and statement of purposes as set forth in Section 1 . 3 of the
Weld County subdivision Ordinance .
7 . Explain how adequate provision for the protection of the
health, safety, and welfare of the inhabitants of the
neighborhood and the County will be accomplished.
The water supply for Lot A and Lot B has North Weld County
Water District water available (see letter included in this
application package) . Its quality, quantity and
960549
S
dependability is proven. The Subdivision Exemption will be
included with the existing Eaton Cemetery and its water
supply.
Lot A has its successful operating septic system. Lot B, if
needed shall comply with the Weld County Health Department
Individual Sewage Disposal System (ISDS) permit
requirements .
A thirty foot joint access exists and will be jointly used
by lots A and B Recorded Exemption. Access to the
Subdivision Exemption will be through Eaton Cemetery from
WCR 39 (See Plot Plan Map) .
This proposed Recorded Exemption application complies with
the Weld County Zoning Ordinances, Section 50, Overlay
District Regulations . It is not in the airport location,
approach, transitional, horizontal or conical zones .
Geologic Hazard layers do not appear present nor in an
overlay. Neither Lot A nor the Subdivision Exemption lot
are in a flood plain. Lot B has sufficient drainage and is
available to handle irrigation and rainwater through normal
ditches present on the subject property. No Planned Unit
Development District exists for subject property.
Existing rights of way are present for existing county roads
servicing said properties . If wider reservations are
reserved, they will be noted on the Mylar Plot which will be
recorded. Utility rights of ways are also present along
subject property for electricity, water and telephone.
The economic welfare of the community will be enhanced by
owner occupied buildings, through higher taxes, and the
buildings are also normally remodeled and upgraded.
QLUI!49
RECORDED EXEMPTION QUESTIONNAIRE
RE 1833
1. Water Supply Statement. The original application included the North Weld County Water
District letter of service for both Lots A and B. Lot B will continue to be irrigated as in the past
by the existing center pivot with water supplied by irrigation wells and Larimer and Weld (Eaton
Ditch) Irrigation water. Lot A has not been irrigated for at least 30 years since the machine shed
was installed on a patch of waste land. Lot A will not have any irrigation water for there is no
land to irrigate.
2. Sewage Disposal. As stated in the original application an ISDS will be used on Lot B in
compliance with the Weld County Health Department. Lot A has an existing septic system.
3. Proposed Use of the Property. Lot B will remain an irrigated farm. Lot A will probably
become a rural residence at some time to go with the farm machine shed currently located on the
property. Both are compatible with the Agricultural Zone District. No additional land will be
removed from production. The soil is Class VI, non irrigated, for Lot A and Class TILE, irrigated,
for Lot B.
4. Reason. The original application stated the reason for this Recorded Exemption
Application was to sell the waste land and farm machine shed to the tenant farmer. This would
reduce the nuisance and maintenance expense to the owner and also reduce debt.
5. Location, Size and Use. Location, shape and size are displayed on the plot map. The use
was explained in paragraph three above.
6. Municipal Plan Consistency. The original questionnaire stated that this application does
not fall into a municipal plan or intergovernmental agreement. However, it is within three miles of
the Town of Eaton and Eaton has no objection.
7. Surrounding Land Use. The original questionnaire described the surrounding land use as
being the same as this proposed Lot A and Lot B. The use is irrigated farmland and rural
residences with related buildings.
8. District Intent. This application does not remove prime irrigated farmland from
production. Lot B will remain as it always was - agriculture (irrigated farmland). The waste area
will become Lot A and become useful as a farm shop for the tenant farmer and allow at some
future date a rural residence which both are allowable in the agriculture district.
9. Subdivision Ordinance Section 1.3.
(a) The Recorded Exemption process is orderly and integrated into the planning
process while accomplishing one's private rights to increase agricultural efficiencies and
productivity, i.e., reduced maintenance and reduce debt from the sale of this facility to the tenant
which has much more need than the owner.
960549
(b) Compliance with Health Department septic regulations, controlled access,
reduction in weed areas, and adding to rural living all promote health, safety and general welfare
of the residents of Weld County.
(c) The area is outside municipal subdivisions and is allowable in the county under this
Recorded Exemption process.
(d) The Town of Eaton has been contacted and has no objection to this application.
(e) This is not a subdivision and its design enhances the agriculture district by its
location.
(f) The safeguards are limited and controlled access. The lot location is as far
removed from the agriculture activity as possible and "clusters" new homes, when desired, near
existing homes.
(g) The recorded exemption process is a uniform process.
(h) There is no wooded area located in the neighborhood.
(i) As described in this application, quality of life, operational efficiency and
agricultural production all win with this proposal.
0) The irrigation water will remain with the irrigated farm land as historically used.
Irrigated land is not dried up.
(k) Natural vegetation was removed from this entire parcel before the turn of the
century. The agricultural production will remain and provide the normal seasons of farming.
(1) This land has some slope, but with the existing soil type (rapid permeability) water
erosion is nil. Wind erosion will be controlled by the farming practices allowable by the
Consolidated Farm Services.
(m) Flood control was not an issue historically and is not a factor for either Lot A or
Lot B.
(n) The soil type at this site is conducive to building.
(o) Terrain and soil type nearly eliminate any risk from land or mud slides.
(p) Discussion on schools and parks are not appropriate for this application.
960549
7-18-95
RECORDED EXEMPTION CRITERIA
Q£ it '3 t k 54: Sec S EXAMPLES Staff Use
,C�`'` di Yes No
1. What is the SCS soil classification for this site. 1 ❑ ❑
I-3Po ca 3' Scco4 iyy' f -4.-7`(P-390, 000.414, .c. C6-4:41 —
2. Will the proposed conti uiation of the site make future farming ractices less 2. Lot A ❑ ❑
efficient? No . c7L --Iiu1--Y- ,wt.I%i,�.e' Jn2 -LG Lot B O O
115.3 ,LitAA wk. 2—ntrOi,6e-w . .1. F1 _.•,..4 �` „.reQ
3. Will either of the lots be used for agricultural production? &O 3. Lot A O O
115.3 'd-r?-'1 L; Gt.•:DtG'--n£An,-?tw. ..c-44-,-* ry_,5(44tvact-i+ti- Lot B O O
4. Is the applicant willing to place a conservation easement or some\ 4. Lot A ❑ O
other mechanism on the property to maintain farm!production or open Lot B ❑ ❑
space? `-T •-va —vi-e-7 or L-n-ctctP IA-0 14 +` irk-C-14/1iLet-
1143 ✓✓
5. Does the application meet the Weld County PublicWorks Access requirements as 5. Lot A O O
cited in Ordinance 180? €. tt CEt4C44 Gwlf.0,,A,.-44I,G-vi 4-0-e alt,
t Lot B ❑ ❑
11.8.3", 4,4 tt e, '^tomv-e 9 6-e `Lisle u/ „er ,/— e$0 Al�1 6
6. Will the site utilize existing housin ? I-a-L M�� Q/1�' ""`mod. 1177-11-1— 6. Lot A O O
11.5.4 - E e a itt /,LA ty,'-r-t e,,(-44- t ,fz+r tke...-, Lot B O O
�ihe G'7. Will the applica t designate a building.e vclopcun tither lot? —I--Gae 7. Lot A O O
M5.379'04 -vi'0 -44-a-1—tv`-',lz^ TCtA ctiti.i.d &Lint. LotB O O
8. Is the in-house use water supply sufficient,in terms of quality, quantity and Lot A O O
dependability? At Lt"C V'b Lo 44,?k 8.it lee � te • Lot B O O
11.8.1
9. Is water available to irrigate the site for crops,lawns,gardens,and adequate for 9. Lot A ❑ O
the maximu number m of animal units allowed by right or Special Review Lot B ❑ ❑
permit? - .8n CA 4r---2�.u-<ti. ec-s-o z= ��04 ri U�if/ ,
114.3 • t-1 A J4 d eic, et d -Kt awl -t:ti�''t:y a- N".
VV 10. Lot A O O
10. Has irrigation water been removed from the site?„,--24,6) Lot B O ❑
11.3.3
If so,When Yes No
1L O O
11. Is the proposed land division consistent with current or future land use
patterns? vt
115.2 Yes No
12. O O
12. This application does not create lots which would make
pfurther land divisions
possible. . i4e U C� t vw / ,'•[�r,vt.*unn� apt 113.4/11.5.2 J ✓
960549
•
• 0
Yes No
13. Neither of the parcels related to this a plication are part of a previously 13. Lot A ❑ 0
recorded exemption. C Lot B ❑ ❑
113.4
14. How many recorded exemptions are adjacent to this parcel?
113.2
When,and why were they created?
Yes No
15. Are surrounding parcels lar per than a miftimum lot ize?�Z,O-L.
tk,c 5 15. 0 0
11.5.2 e 9--ta T.c �o G1- 2ea.44P d-�3-u
J 16. Lot A ❑ 0
16. Are there unique hysjcal characteristics on this site? 6.00 -du -C7 'LI_Jz Lot B 0 0
11.5.4 'The,." -o-�--41- a.u11c9l --rc_z �
A)V_ Yes No
17. Lot ❑ ❑
17. Is the site in compliance with the zone district regulations and applicable Weld Lot B 0 0
County Health Department requirements? (Q4
113.3
Engineered Sewage System(s)
Yes No
15. Does this request comply with the Weld County Comprehensive Plan or 18. Comp Plan O O
applicable Intergovernmental Agreements? .Q IGA 0 0
1.51
IGA
19. What is the proppsed use of the site? r.,
et
Lot A JC�ufel --t-C454-e+ti.z �//",�t+u,44 '/p
Lot B 2-i--(--C- &d-&A ft.-s44,2
2 t s44,t l st.inji
20. Did the referral agencies recommend approval of this request?
Yes No
If no,why not? 20. 0 0
Staff Use Only
Date Received
21. What impact,g any,w�ill this land division have on adjacent properties? / Size of Parcel
_
j a..4.1 ,,,,,„_.„.L� i t U l/irk
I ? Legal
Location
113.2 Approved-Board of County Comndsm en Hear
Date
Staff Approved
Date
9605451
RECORDED EXEMPTION CRITERIA CHECKLIST
Staff Use
1. What is the SCS soil classification for this site? #51, 52: Otero Sandy Loam Yes No
2. Will the proposed configuration of the site make future farming practices 2. Lot A ❑ ❑
less efficient? 11.3 Additional small parcel and residence does not enhance
agricultural production Lot B x ❑
3. Will either of the lots be used for agricultural production? 11.3 Lot B 3. Lot A ❑ x
LotB x ❑
4. Is the applicant willing to place a conservation easement or some other 4. Lot A ❑ x
mechanism on the property to maintain farm production or open space? 113 Lot B ❑ x
5. Does the application meet the Weld County Public Works Access requirements 5. Lot A x ❑
as cited in Ordinance 180? 11.3.13.4 Lot B x ❑
6. Will the site utilize existing housing? 11.3M not applicable--no residences 6. Lot A ❑ ❑
on either lot Lot B ❑ ❑
7. Will the applicant designate a building envelope on either lot? 11.3.8 7. Lot A ❑ x
Lot B ❑ x
8. Is the in-house use water supply sufficient in terms of quality, quantity and 8. Lot A x ❑
dependability? 11.3.4 Lot B x ❑
9. Is water available to irrigate the site for crops, lawns, gardens, and adequate 9. Lot A ❑ ❑
for the maximum number of animal units allowed by right or Special Review Lot B x ❑
permit. 11.3:4 Lot A--public water only
10. Has irrigation water been removed from the site? If so, when? not applicable 10. Lot A ❑ ❑
11:3.4 Lot B ❑ ❑
Yes No
11. Is the proposed land division consistent with current or future land use patterns? 11. ❑ x
11:3.9/11:3.10/11.3.11 Land division and additional residence not consistent
due to potential interference with agricultural production on and adjacent to site.
Yes No
12. This application does not create lots which would make further land divisions 12. ❑ x
possible 11.3.9/11.3,10/11.3.11
13. Neither of the parcels related to this application are part of a previously 13. Lot A ❑ x
recorded exemption. 11.8.8 Lot B ❑ x
14. How many recorded exemptions are adjacent to this parcel? Section ?
When, were they created? None adjacent. Six recorded exemptions approved
in Section 5 previously; five in the 1970's, one in 1985. One RE adjacent to this
parcel denied by the Board in Oct., 1995.
113.9/11.3.10111.3.11
Yes No
15. Are surrounding parcels larger than the minimum lot size? 11.3.10 15.
To the east--yes. Some smaller created by deeded rights-of way for ditches. ❑ ❑
16. Are there unique physical characteristics on this site'? 11.3.13,8 16. Lot A ❑ ❑
Parcel size and configuration created byGale and McLellan Ditches (deeded
rights-of-way. Lot B a
960549
•
17. Is the site in compliance with the zone district regulations and applicable Weld 17. Lot A x ❑
County Health Department requirements? 11.3,5 Lot B x ❑
Engineered Sewage System(s)
Yes No
❑ x
18. Does this request comply with the Weld County Comprehensive Plan or 18. Comp Plan o x
applicable Intergovernmental Agreements 11.3,9 IGA ❑ ❑
Does not comply with Goal 4 (enhance highest level of agricultural productivity)
and Goal 7 (protect agricultural land from urban uses that may encroach and
hinder productivity).
19. What is the proposed use of the site?
Lot A existing farm machine shed, residence
Lot B agricultural production
20. Did the referral agencies recommend approval of this request? 20. Yes No
If no, why not? ❑ ❑
Weld County Public Works& Health Departments, Eaton Fire Protection District
and Town of Eaton indicated "no conflict". West Greeley Soil Conservation
District has concerns in development of prime farmground.
21. What impact, if any, will this land division have on adjacent properties?
Potential negative impact on agricultural practices of adjoining land. Could
encourage additional recorded exemption requests near this site.
STAFF USE ONLY
Date Received 11/13/95
Size of Parcel 78 acres
Legal Description Part of the SW4 of Section 5, T6N, R65W
Location Southeast of the Town of Eaton city limits, across WCR 39
BOARD OF COUNTY COMMISSIONERS HEARING Date December 27, 1995, 9:00 a.m.
960549
.
all, lib
REFERRAL LIST
NAME: J. Gale Moody CASE NUMBER: RE-1833
REFERRALS SENT: November 15, 1995 REFERRALS TO BE RECEIVED BY: December 1, 1995
COUNTY TOWNS and CITIES
Attorney Ault
X Health Department _Brighton
Extension Service _
_ Broomfield
_Emergency Management Office Dacono
Sheriffs Office X Eaton
X Public Works _Erie
_Housing Authority Evans
_
_Airport Authority Firestone
_
Building Inspection _Fort Lupton
_Frederick
STATE _Garden City
Division of Water Resources Gilcrest
_
_Geological Survey _Greeley
Department of Health _Grover
_Department of Transportation _Hudson
_Historical Society Johnstown
_
Water Conservation Board _Keenesburg
Oil and Gas Conservation Commission _Kersey
La Salle
FIRE DISTRICTS Lochbuie
_Ault F-1 Longmont
_
_Berthoud F-2 Mead
_
_Briggsdale F-24 Milliken
_
Brighton F-3 _New Raymer
X Eaton F-4 _Northglenn
_Fort Lupton F-5 Nunn
_
Galeton F-6 _Pierce
Hudson F-7 _
_ Platteville
Johnstown F-8 _
_ Severance
La Salle F-9 _Thornton
Mountain View F-10 _
_ Windsor
Milliken F-11
_
Nunn F-12 COUNTIES
_
Pawnee F-22 Adams
_
_
Platteville F-13 _
_ Boulder
_Platte Valley F-14 Larimer
_
_Poudre Valley F-15
_Raymer F-2 FEDERAL GOVERNMENT AGENCIES
Southeast Weld F-16 US Army Corps of Engineers
_
Windsor/Severance F-17 _
_ USDA-APHIS Veterinary Service
Wiggins F-18 _Federal Aviation Administration
Western Hills F-20 _Federal Communication Commission
OTHER SOIL CONSERVATION DISTRICTS
Central Colo. Water Conservancy Dist. _
_ Brighton
_Panhandle Eastern Pipe Line Co. Fort Collins
Tri-Area Planning Commission X Greeley
X Eaton McLelland Ditch Company
X Eaton Ditch Company Longmont
West Adams
COMMISSION/BOARD MEMBER
960549
11/20/95 09:50 FAX 001
•
r Igor)C rrot l d T g.a r &..c -
f
(rile (1-1;r3
DEPARTMENT OF PLANNING SERVICES
PHONE (970)353-6100
*..G FAX (970)352-6312
IngeO WELD COUNTY ADMINISTRATIVE OFFICES
COLO
RADO
' > 1400 N. 17TH AVENUE
COLORADO GREEI EY, COLORADO 80631
November 20, 1995
CASE NUMBER: RE-1833
TO WHOM IT MAY CONCERN_
Enclosed is an applicatioi from J. Gale Moody for a Recorded Exemption- The parcel of land is
described as part of the 1./1/4 of Section 5, TEN, WW1 of the 6th P.M., Weld County, Colorado_
The location of the parcel of land for which this application has been submitted is east of and
adjacent to Weld County Road 39 and north of and adjacent to Weld County Road 72.
This application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request wo ild be appreciated. Your prompt reply will
help to facilitate the processing of the application and will ensure prompt consideration of your
recommendation. Please reply by December 1, 1995, so that we may give full consideration to your
recommendation. Please Call Gloria Dunn, Current Plainer, if you have any questions about the
application.
Check the appropriate boxes below and return to our address listed above.
1. We have reviewed this request and find that it does/does
not) comply with our Comprehersive Plan for the following reasons.
2• We do not have a Comprehensive Plan, but we feel this request
(is/is not)compatible with the interests of our town for the following
reasons:
3- 4/2 We have reviewed the request and find no conflicts with our
interests
4. A formal (recommendation is under ccnsideration and will be submitted to you
prior to:
5. Please refer to the enclosed letter-
Signed. le..1_i-c f 'J ,,"cd tY Agency: j")Agency: , ,t,Z_6
Date:
960549
s • •
WELD COUNTY ROAD ACCESS TNFORYLATTON SHEET
Weld Counry Public Works Department Date: //— 13 —1S-
933 North 11th Ave.
P.O. Box 758
Greeley, CO 80632
(303)356-4000 EXT. 3750
1. Applicant Name J. 6a le /t/aely Phone (30 3) 772 - (/7 9r
Address �y/ t -S1-.ik--2zO/City C✓eelpp' State'eo Zip cfO(o31
2. Address or location of access
Section S Township b i(/, Range (o._CG{/,
Subdivision Block Lot
Weld County Road 4 39 Side of Road Eas 4- N S E or W
Distance from & number of intersecting road 73 w,; (e_ AI a4 t,JC ,Q. 71
3. Is there an existing access to the properry? Yes X No_4 of accesses / (wok"- -to /Dove
Qrese441- A-c es
4. Site Sketch c ---- I
C—
v
dclY2,>7
OZ Uv NR cQ
C.+
��3 v
OFFICE USE ONLY •
Road 39 ADT 431- as s
Date 5 o Accidents I Date
t-i y-59
Road 74 ADT 1349 Date `9' 8 Accidents / Date
5. Proposed use:
lg. Permanent pl, Residential/Agricultural 0 Industrial
❑ Temporary 0 Commercial O Subdivision
❑ Other
Drainage Requirement Culvert Size Length
Other Comments •
❑ Installation authorized O ' Information Insufficient
Special Conditions 4 Thtr� 'co+}_ tOt it,+ ace.: u,�',\\ 1O4 fin,nt17 usec,
L_ L �S e E .o o v .te
Reviewed by: Title:
960543 . ?„4
Ilit S •
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Public Works Department Date: 1 ' 13 —7-C
933 North l lth Ave.
P.O. Box 758
Greeley, CO 80632
(303)356-4000 EXT. 3750 /
1. Applicant Name J. 67L re /t/a84 phone (30 3> 772 - 117 yr
Address cc-z9/ eau;- , 7-2-of City C✓ee %Py State Co Zip&D(o3 /
2. Address or location of access
Section ,T Township b Ai, Range 6-Chi,
Subdivision Block Lot
Weld County Road R 39 Side of Road eas4- N S E or W
Distance from & number of intersecting road %3 v,1; le H. of c 0 C I. 7Z
3. Is there an existing access to the property? Yes_Y_No R of accesses / (0,0,4 -4o )(A0 ve.
/resell-(- f�eces�
• 4. Site Sketch c v -zl
.ko
0 d as m O1
�C i
OFFICE USE ONLY •
Road ADT Date Accidents Date
Road ADT Date Accidents Date
5. Proposed use:
❑ Permanent O Residential/Agricultural C Industrial
❑ Temporary O Commercial C Subdivision
❑ Other
Drainage Requirement Culvert Size Length
Other Comments •
❑ Installation authorized O ' Information Insufficient
Special Conditions
Reviewed by: Title: 960549
mEmoRAnDum
WIiDc. To Gloria Dunn Date November 29, 1995
COLORADO Weld County Planning
From Trevor Jiricek, Supervisor, Environmental Protectio
Subject: Case Number: Re-1833 Name: Moody, J. Gale
PT SW4, Section 05, Township 06 North, Range 65 West
Environmental Protection Services has reviewed this proposal; the following
conditions are recommended to be part of any approval:
1. The Environmental Protection Service Divison of the Weld County Health
Deaprtment was unable to locate a septic permit for the septic system
which is serving the shed on lot A. Any existing septic system(s) which is
not currently permitted through the Weld County Health Department will
require an I.S.D.S. Evaluation prior to the issuance of the required
septic permit(s) . In the event the system(s) is found to be inadequate,
the system(s) must be brought into compliance with current I.S.D.S.
regulations.
TJ/rb-1720
960549
• •
tidit, 0 ._ ,
DF`PART E1,TT%F PLANNING SERVICES
\\ON PHONE (970) 353-6100
FAX (970) 352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
O GREELEY, COLORADO 80631
•
COLORADO
November 16, 1995
CASE NUMBER: RE-1833
TO WHOM IT MAY CONCERN:
Enclosed is an application from J. Gale Moody for a Recorded Exemption. The parcel of land is
described as part of the SW4 of Section 5, T6N, R65W of the 6th P.M., Weld County, Colorado.
The location of the parcel of land for which this application has been submitted is east of and
adjacent to Weld County Road 39 and north of and adjacent to Weld County Road 72.
This application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Your prompt reply will
help to facilitate the processing of the application and will ensure prompt consideration of your
recommendation. Please reply by December 1, 1995, so that we may give full consideration to your
recommendation. Please call Gloria Dunn, Current Planner, if you have any questions about the
application.
Check the appropriate boxes below and return to our address listed above.
1. We have reviewed this request and find that it does/does
not) comply with our Comprehensive Plan for the following reasons.
2. We do not have a Comprehensive Plan, but we feel this request
(is/is not) compatible with the interests of our town for the following
reasons:
3. We have reviewed , the request and find no conflicts with our
interests.
4. A formal recommendation is under consideration and will be submitted to you
prior to:
5. Please ref to the enclosed letter. EATON FIRE PROTECTION
�2J DISTRICT
Signed: /.�E C ''I Agency: N, PCl RIX 5R2
Date: //- 2 2 —q' ; EATON, CO 80615
960549
394 DEPARTMENT OF PLANNING SERVICES
DEG PHONE (970) 353-6100
FAX (970) 352-6312
C. WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
November 16, 1995
CASE NUMBER: RE-1833
TO WHOM IT MAY CONCERN:
Enclosed is an application from J. Gale Moody for a Recorded Exemption. The parcel of land is
described as part of the SW4 of Section 5, T6N, R65W of the 6th P.M., Weld County, Colorado.
The location of the parcel of land for which this application has been submitted is east of and
adjacent to Weld County Road 39 and north of and adjacent to Weld County Road 72.
This application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Your prompt reply will
help to facilitate the processing of the application and will ensure prompt consideration of your
recommendation. Please reply by December 1, 1995, so that we may give full consideration to your
recommendation. Please call Gloria Dunn, Current Planner, if you have any questions about the
application.
Check the appropriate boxes below and return to our address listed above.
1. We have reviewed this request and find that it does/does
not) comply with our Comprehensive Plan for the following reasons.
2. We do not have a Comprehensive Plan, but we feel this request
(is/is not) compatible with the interests of our town for the following
reasons:
3. X We have reviewed , the request and find no conflicts with our
interests.
4. A formal recommendation is under consideration and will be submitted to you
prior to:
as r H enclosed letter.
TOWN OF EATON
igned: Agency: 223 First Street
Date: Ealvn, CO 80615
54g05/3.51
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• • Order No. 8510715 my
WELD COUNTY
CERTIFICATE OF CONVEYANCES DEPARTMENT OF PLANNING
SERVICES
STATE OF COLORADO )
COUNTY OF WELD
The TRANSAMERICA TITLE INSURANCE or ABSTRACT COMPANY
hereby certifies that it has made a careful search of its records, and finds the
following conveyances affecting the real estate described herein since August 30,
1972.
LEGAL DESCRIPTION:
All that part of the SW1/4 of Section 5, Toomship 6 North, Range 65 West of
the 6th P.M. , County of Weld, State of Colorado, lying East of the McClellan
Ditch and West of the Gale Lateral.
CONVEYANCES (if none appear, so state) :
Reception No. 2200778 , Book 1251
Reception No. 24613881 , Book 1516
Reception No. , Book
Reception No. , Book
Reception No. , Book
Reception No. , Book
Reception No. , Book
Reception No. , Book
This Certificate is made for the use and benefit of the Department of Planning
Services of Weld County, Colorado.
This Certificate is not to be construed as an Abstract of Title nor an opinion
of Title, nor a guarantee Title, and the liability of TRANSAMERICA
TITLE INSURANCE COMPANY is hereby limited to the fee paid for
this Certificate.
In Witness Whereof, TRANSAMERICA TITLE INSURANCE COMPANY
has caused this certificate to be signed by its proper officer this 2nd day
of November , A.D. , 1995 . at 7:00 A.M. o'clock.
TRANSAMERICA TITLE INSURANCE COMPANY
COMPANY
By: LJQ.�RLQ (' hum-
AUTHORIZED
SIGNATURE
d
AR2200776 B 1251 NEC 02200778 12/20/89 14:09
F 1946 MARY ANN FEUERSTEIN CLERK 6RECORDER WELD CO, CO
WARRANTY DEED
Gr.lmon.l. I. R. BOOTH EQUIPMENT COMPANY
•
"how address is P. 0. Box 72, Lucerne, CO 80646
•County of Weld .State of
Colorado ,for the consideration of
other valuable consideration and
Ten and 00/100 dollars.in hand paid.hcrrby sells)
and conveys)Co BOOTH LAND AND LIVESTOCK COMPANY
whose legal address is p. 0. Box 72, Lucerne, CO 80646
County of Weld .and State of Colorado
the following real property in the County of Weld ,and state of
Colorado.to wit:
Property described on Exhibit "A", hereto attached and by reference incorporated
herein.
Together with all buildings, structures, other improvements, appurtenances and
rights appurtenant thereto; all water and water rights, ditch and ditch rights,
reservoir and reservoir rights appurtenant to or used in connection with said
property.
1
also known by street and number as
with all its appurtenances,and warrant(s)the title to the same,subject to
•
1989 real property taxes, exceptions and reservations of record.
•
Signed this /3' day of utter . .191,
,',I I. R. $00TH EOUIPfff.NT COMP ;.• ran C. Booth), President
STATE OF COLORADO.
is.
,,, County of Nod 11
GV rJ/C,`•
Phisttie going inteinrnenl was acknowledged before me Ibis /3' day of pll/^mars- .19 ei
♦,y'. hN;'friA, r Booth, as President of I. R. Booth Equipment Company, a
Refor$,4a,cprpotation. ,j
Myct 9o�lSy,s�olq'Lsprl�s /''._9� . Witness my hand and official cal.
7F CJ`
")M•
f 1
*If in tki tr.inwn'COY rod..
1197.Nev.11.115. wt..m..IS 11l•O IN.n,99•99
C)
F`1_ k.JMd M1YnM't.1111 W••Y,Dew,.RI 10201—1011:91 Uro—aN
a. - • # _
ss
B 1251 REC 02200778 12/20/89 14:09 .10.00 2/002
F 1947 MARY ANN FEUERSTEIN CLERK b RECORDER WELD CO, CO
EXHIBIT "A"
The Southwest Quarter (SW1/4) of Section Five (5) , Township Six
(6) North, Range Sixty-five (65) West of the 6th P.M. , County
of Weld, State of Colorado, EXCEPT parcel of land a8 conveyed by
instrument recorded in Book 530 under Reception No. 1451543,
Weld County Records, described as follows:
A tract of land located in the SW1/4 of Section 5, Township 6
North, Range 65 West of the 6th P.M. , more particularly
described as follows:
Considering the West Line of said Section 5 as bearing North 0
Degrees East and Beginning at the West Quarter Corner (W1/4 Cor)
of said Section 5;
thence South 88 Degrees 04' East, 858.60 feet;
thence South 0 Degrees East, 164.00 feet;
thence North 88 Degrees 04' West, 858.60 feet;
thence North 0 Degrees East, 164.00 feet to the Point of Beginning.
Part of the West Half of the Southeast Quarter (W1/2 SE1/4) of
Section Five (5) , Township Six (6) North, Range Sixty-five (65)
West of the 6th P.M. , County of Weld, State of Colorado, being
more particularly described as follows:
Beginning at the Southeast Corner (SE Cor) of Section 5,
Township 6 North, Range 65 West of the 6th P.M., and assuming
the South Line of said Section 5 to bear North 85 Degrees 39'
09" West, and with all other bearings contained herein relative
thereto;
thence North 85 Degrees 39' 09" West, 1593.72 feet to the True
Point of Beginning;
thence North 02 Degrees 25' 09" West, 660.00 feet;
thence South 85 Degrees 39' 09" East, 298.32 feet;
thence North 00 Degrees 03' 29" West, 2118.81 feet;
thence North 87 Degrees 11' 31" West, 1323.30 feet;
thence South 00 Degrees 07' 03" East, 2740.72 feet;
thence South 85 Degrees 39' 09" East, 1051.66 feet to the True
Point of Beginning.
• • .
• r
•
CO
2461388 8-1516 P-1567 10/27/95 03:20P PO 1 OF 2
118246136A weld County CO Clerk a Recorder REC DOC
WARRANTY DEED 11.00 98.50 ,
Grantor, I.A. BOom A SON, INC., also known as I.R. Boothe a Inc., a Colorado
corporation, and BOOTH LAND AND LIVESTOCK COMPANY, a Colorado General
Partnership, whose address is 33071 Highway 15, P. 0. Box 73, Lucerne, County of
Weld, State of Colorado, for the consideration of other valid consideration and
Ten Dollars, in hand paid. hereby sell(m) end convey(s) to J. Gale Moody, chose
legal address is 11021 Yellowstone Road, Longmont, Colorado 10501, County of
Boulder, and State of Colorado, the following reel property in the County of
Weld, and State of Colorado, to wit,
,
Description of property on ndtibit *A. attached hereto end by
reference incorporated herein, ,
also known by street and number as 20514 Weld County Road 75, Raton, Colorado,
and 35190 Weld County Road 39, Eaton, Colorado, with all its appurtenances, and
warrants the title to the same, subject to all mineral reservations and
conveyances, patent reservations, oil and gas leases, and easements and rights
of way of record; easements and rights of way established by user all other
exceptions and reservatione of record; and 1995 real property taxes.
•
Signed this 24th day of October, 1995..
2. R. l00TR S SON. INC..
e..9‘..0
�^ a/k/a I. R. BOOTIE a INC..
(� a Colorado Corporation
- . -
ASSIST, Gary S. Bo t . President
2rk C. Booth, Secretary
r1o1 I1{a SO loom LAND AND LIVESTOCK COMPANY.
' t. 6 m Colorado General Partnership
aid
)M)�tfi .x•,• i 7 t Boeth a+Land and
• (T e•7 y141r Livestock Compempany, a Colorado
‹., 1 U 1:eLYI General Partnership, Its Partner
,l.
_ e} Gary S. th. Partner
t-, 1......
T •
' ' •
i`r 3 BY
a C. Boo Partner
:.�' SSA.-R 0➢ COLORADO ) ..
•-•-._ I es.
• COUNTY Or LABINER ) - • - .
ts.;
' - The foregoing instrument was acknowledged before me this 24th day of
October, 1995, by Gary S. Booth and Mark C. Booth, President and Secretary,
respectively, of X. R. BOOM a SON. INC., a/k/a 2. R. Boothe a Inc., a Colorado
''t;. corporation. .. ..
r n hand and official seal
.. . _ (OAREL `
. �i • ��'
{ BLOCU L p Notary Public
i H
Co //./5 / 7
I mmiaeio ....treat
'r,-O COtvc
STA:TY O •LORADO )
se,
COUNTY OF LARIMIR ) '
e
•
The foregoing instrument was acknowledged before me this 24th day of
October, 1995, by Gary S. Booth and Nark C. Booth, Partners of Booth Brothers
Land and Livestock Company, a Colorado General Partnership, Partner of BOOTH LAND
AND LIVESTOCK COMPANY. • Colorado General partnership.
`y toe's my hand and official seall..'/nJ/ 7
�pSpRY P(/B�r4 L • V/ C Notary P e
f 1 DAAELLA L• ' p
$N`- StO$ ss n:. .ires, //',5J• 1 7
O
'M.a' rr'��fFOF COIOt.-
,
•
•
• • '
2461388 B-I516 P-1567 10/27/95 0J:20P PO 2 OP 2 •
j0IBIT •A'
JOOTR LAND AND LIVESTOCK CQMPANyi
?ARM It
The SW1/4 of Section 5, Township 6 North, Range 65 West of the
6th P.N., County of Weld, State of Colorado.
EXCEPT • parcel of land as conveyed by instrument recorded in
Book 530 as Reception No. 1451543, described as follows, A tract of
land located in the SW1/4 of Section 5, Township 6 North, Range 65 1 Nest of the 6th P.M., more particularly described as follows Considering the Nest line of said Section 5 as bearing North 00• e
East and. Beginning at the Meet quarter corner of said Section 5,
thence South 88.04' last 158.60 feet. thence South 00' last
164.00 feet. thence North 88.04' West 855.60 feet, thence North 00'
last 164.00 feet to the Point of Beginning.
7ARCl, 2,
Part of the W1/2 of the 511/4 of Section 5, Township 6 North,
•
Range 63 West of the 6th P.M., County of Weld. State of Colorado,
being more particularly described am follows
Beginning at the Southeast corner of Section 5, Township 6 North,
Range 65 Meat of the 6th P.M., and assuming the South line of said
Section S to bear North 85.39.02• West, and with all other bearings
contained herein relative thereto, thence North S5'39'09• West -
1593.72 feet to the True Point of Beginning; thence North 0275.09•
West 660.00 feet, thence South 85'39.09• Eut 290.32 fest; thence
North 00.03'29• Nest 2118.01 feet, thence North 07'11'71• West
1323.30 feet, thence South 00.07'03• last 2740.72 feet; thence South
05'39'09° last 1051.66 feet to the True Point of Beginning.
TOGITNIR WITH eight (8) •hare of the capital stock of The Larimer • Meld
Reservoir Co., four (4) shares of the capital stock of The Larimer • Weld
Irrigation Company; four (4) shares of the capital stock of For Par Lateral
Company, four (4) shares of the capital stock of Gale Lateral Company; one (1)
W. - irrigation well, Permit No. 312RD; together with any non-adjudicated wells
located on the above-described property; together with two (2) wastewater return
ponds, one (1) North Weld County Water Dietrict water tap, and together with all rights, title, and interest of Grantor in and to the Bouslog Pumping Plant and
the appropriation of water therefor as established by Decree of Court, copy of
which is of record in Book 1371, Page 346 of the Weld County Records.
.
I.R. BOOTH • SON. INC., ....
PARCEL Is
The 11/2 of the 1211/4 of Section 20, Township 7 North, Range 65 Nest
of the 6th P.M., County of Weld, State of Colorado.
..3.. ALSO
Lots A and B of Recorded laamption No. 0709-28-1-RE1797, recorded
October 19, 1995, in Book 1516 as Reception No. 2460176, described
as follows
The 11/2 of the 1111/4 of Section 20, Township 7 North, Range 65 Meat
of the 6th P.M., County of Weld, State of Colorado.
EECEPTrNo TBIREFROM • parcel of land conveyed by Deed recorded
December 30, 1935, in Book 986 at Page 580.
TOCMTMER WITH all rights, title, and interest of Grantors in and to water rights,
irrigation wells, and related improvements of whatever kind or nature, associated
with said Lot B, including, but not limited to, the Base Pumping System No. I as
adjudicated by Decree of the Larimer County District Court in Civil Action
No. 11217, September 10, 1953 (but excluding any water rights which are evidenced
by shares of stock in mutual ditch companies).
MINERAL R1SERVATION:
Applicable to both Z.A. Booth • Son, Inc. and Booth Land and Livestock Company
properties
Reserving, however, unto Grantors en undivided one-half (1/2) interest in iId-to
all oil, gas—and other minerals owned by Grantors on the date of execution of
this Warranty Deed, together with the right of ingress and egress for the •
exploration, development, and production of such minerals. This reservation
shall specifically include fifty percent (50%) of the reversionary interest of •
Grantors arising from Deed recorded in Book 1290, Page 306 of the records of the
Clerk and Recorder's Office of Weld County, Colorado. The reservation of this
paragraph shall not apply to sand and gravel.
. . •
WARRANTY DEED £
THIS DEED, Made this 7th day of May, 1996 between
J. Gale Moody
of the County of Boulder and
State of Colorado, grantor, and 0
Donald O. Magnuson and Jeanette R. Magnuson 0
whose legal address is 404 Cottonwood, Eaton, Colorado 80615
n
of the County of Weld and State of Colorado, grantees:
rt
WITNESS that the grantor for and in consideration of the sum of FOUR HUNDRED TWENTY
THOUSAND AND 00/100, ($420,000.00) Dollars, the receipt and sufficiency of which is Q°
hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents ml
does grant, bargain, sell, convey and confirm unto the grantees, their heirs and m
assigns forever, not in tenancy in common but in JOINT TENANCY, all real property, p
together with improvements, if any, situate, lying and being in the County of Weld R•
and State of Colorado, described an follows: to
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
also known by street and number as vacant land, , Colorado
TOGETHER with all and singular the hereditaments and appurtenances thereunto
belonging, or in anywise appertaining and the reversion and reversions, remainder and
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
and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto the grantees, their heirs and assigns forever. And the grantor,
for himself, his heirs and personal representatives, does covenant, grant, bargain, F,
and agree to and with the grantees, their heirs and assigns, that at the time of the H
ensealing and delivery of these presents, he is well seized of the premises above
\f conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in c
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
GO free and clear from all former and other grants, bargains, sales, liens, taxes,
`r\ assessments, encumbrances and restrictions of whatever kind or nature soever, except
general taxes for 1996 and subsequent years; except easements, restrictions, c
covenants, conditions, reservations and rights of way of record, if any;
except Deed of Trust in favor of First National Bank, Custodian for the benefit
of Charles T. Collopy I.R.A. to secure $125,000.00 dated December 14, 1995, recorded
December 22, 1995 in Book 1524 as Reception No. 2468828 which grantee(s) are not assuming
and the liability remains the responsibility of the grantor;
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 a]
gender shall be applicable to all genders.
IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above.
Lojcbg_tir
J. Gale Moody by Timothy . Hasler
as his attorney-in-fact
STATE OF COLORADO }
} ss. The foregoing instrument was acknowledged before me
County of Larimer } this 7th day of May, 1996
by Timothy W. Hasler as attorney-in-fact for J. Gale Moody
Witness my hand and official sq../
My commission expires November € azto
oe, e .
NOTARY PUBLIC 'wry
No. 921A. Rev. 3-85
2490195 B-1546 P-824 05/09/96 04:00P PG 2 OF 2
EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE WARRANTY DEED BETWEEN J. GALE
MOODY ("GRANTOR") AND DONALD O. MAGNUSON AND JEANETTE R. MAGNUSON ("GRANTEES")
LEGAL DESCRIPTION
PARCEL 1:
The SW1/4 of Section 5, Township 6 North, Range 65 West of the
6th P.M. , County of Weld, State of Colorado,
EXCEPT a parcel of land as conveyed by instrument recorded in
Book 530 as Reception No. 1451543, described as follows: A tract
of land located in the SW1/4 of Section 5, Township 6 North, Range
65 West of the 6th P.M. , more particularly described as follows:
Considering the West line of said Section 5 as bearing North 00°
East and, Beginning at the West Quarter corner of said Section 5,
thence South 88°04' East 858.60 feet, thence South 00° East
164.00 feet, thence North 88°04' West 858.60 feet, thence North
00° East 164.00 feet to the Point of Beginning.
EXCEPT a parcel of land conveyed in Warranty Deed recorded
October 27, 1995, in Book 1516 as Reception No. 2461391.
EXCEPT a parcel of land conveyed in Warranty Deed recorded
November 29, 1995, in Book 1520 as Reception No. 2465548.
EXCEPT a parcel of land conveyed in Warranty Deed recorded
January 10, 1996, in Book 1526 as Reception No. 2471338.
PARCEL 2:
Part of the W1/2 of the SE1/4 of Section 5, Township 6 North,
Range 65 West of the 6th P.M. , County of Weld, State of Colorado,
being more particularly described as follows:
Beginning at the Southeast corner of Section 5, Township 6 North
Range 65 West of the 6th P.M. , and assuming the South line of said
Section 5 to bear North 85°39'02" West, and with all other
bearings contained herein relative thereto: thence North 85°39'09"
West 1593.72 feet to the True Point of Beginning; thence North
02°25'09" West 660.00 feet; thence South 85°39'09" East
298.32 feet; thence North 00°03'29" West 2118.81 feet; thence
North 87°11'31" West 1323.30 feet; thence South 00°07'03" East
2740.72 feet; thence South 85°39'09" East 1051.66 feet to the True
Point of Beginning.
(Vacant land, no street address assigned)
TOGETHER WITH three (3) shares of the capital stock of The Larimer & Weld
Irrigation Company, four (4) shares of the capital stock of The For Far
Lateral Company, and four (4) shares of the capital stock of Gale Lateral
Company; and
TOGETHER WITH all rights, title, and interest of Grantor in and to the
following:
1. The easement and irrigation well reserved by Grantor in that
certain Warranty Deed in which Grantor was grantor and Donald Raymond Dent and
Barbara Anne Dent were grantees, recorded October 27, 1995, in Book 1516 as
Reception No. 2461391 of the Weld County, Colorado records. Said irrigation
well is known as the Bouslog Pumping Plant, Subterranean Water Well Priority
#312 S.W. and shall include all rights, title, and interest of Grantor in and
to existing pumps, motors, pipelines, and other irrigation equipment relating
to said well as reserved by Grantor in the above-described Warranty Deed.
2. The easement, existing pipeline, and any related equipment
reserved by Grantor in that certain Warranty Deed in which Grantor was grantor
and Colleen M. Dierks, Harold D. Martin, and Shirley M. Martin were grantees,
recorded November 29, 1995, in Book 1520 as Reception No. 2465548 of the Weld
County, Colorado records.
The printed portions of this Toms have been approved by
the Colorado Real Estate Commission. (CDS3.9.95)
THUS FORM ItAS IMPORTANT LEGAL CONSEQUENCES AND TIIE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING.
VACANT LAND/FARM AND RANCH
CONTRACT TO BUY AND SELL REAL ESTATE
April 14 .19 98
Don L. and JoAnn 'Willms •
I. PARTIES AND PROPERTY. -
buyp1sllBuyer],Ls joint tenants/tenants in common)
agrees to buy,and the undersigned seller(s)[Seller],agrees to sell,on the terms and conditions set forth in this contract,the following described real
estate in the County of Weld ,Colorado,to wit: that portion of the SW; , Sec
5 T6N, R65W of the 6th P.M. , Weld County Co. , lying west of the Gale
Lateral refernced in Warranty Deed dated 4-15-1917 (Book 474 page 394
Reception # 249561) and that portion lying east of' .the McClellan Ditch
described in warranty deed dated 9-10-1887 (book 68 page 338 ) consistint
of approximately + 75 . 3 acres
knownasNo. vacant land •
Surat Address City State Zip
together with all interest of Seller in vacated streets and alleys adjacent thereto,all easements and other appurtenances thereto,all improvements
thereon and all attached fixtures thereon,except as herein excluded(collectively the Property).
2. INCLUSIONS/EXCLUSIONS. The purchase price includes the following items(a)if attached to the Property on the date of this con-
tract:lighting,heating,plumbing. ventilating,and air conditioning fixtures,TV antennas,water softeners,smoke/fire/burglar alarms,security
devices,inside telephone wiring and connecting blocks/jacks•plants,mirrors,floor coverings,Intercom systems,built-in kitchen appliances,sprinkler
systems and controls,built-in vacuum systems(including accessories),and garage door openers including —0— remote controls;(b)if on the
Property whether attached or not on the date of this contract:storm windows,storm doors,window and porch shades,awnings,blinds,screens,
curtain rods,drapery rods,fireplace inserts,fireplace screens,fireplace grates,heating stoves,storage sheds,all keys and(c)
40% interest in 1 irrigation well known- as .Bouslog Pumping Plant
Subterranean Water Well priorty #312 S.W. , motor, pump and parcels ,
pipeline and all equipment relating to delivery of pump water to be -•
used on said property
(d)Water Rights. Purchase price to include the following water rights:
1, share of the capital stock of the Larimer & Weld Irrigation Co. 1
share of the capital stock of the Gale Lateral Co. 40% interest in
the Bouslog pumping plant as described above . 1 share of the Capital
Stock of the FOR FAR Lateral Co.
(e)Crowing Crops. With respect to the growing crops Seller and Buyer agree as follows:
all growing crops (alfalfa ) in 1998 shall be property of buyer subject
to lease back to seller see Sec. 21
•
water slip assignment
The above-described included items(Inclusions)are to be conveyed to Buyer by Seller by bill of sale,
deed or other applicable legal instrument(s)at the closing,free and clear of all taxes,liens and encumbrances,except as provided in Section 12.The
following attached fixtures are excluded from this sale: NONE ,
250 , 000
payable in U.S.dollars by Buyer
PURCHASE PRICE AND TERMS. The purchase price shall bei Da YuYte as
follows:(Complete the applicable terms below.)
(a)Earnest Moony.
$ 5 , 000 intheformof a percnna1 check ,as earnest money deposit and pan payment of the purchase
price payable to and held by A. Bruce Johnson & Associates Ltd. ,broker,in its trust
amount on behalf of bosh Sellern�d0Buyer.Broker is authorized to deliver the earnest money deposit to the closing agent,if any,at or before closing
The balance of S ZZ 77 r —(purchase price less earnest money)shall be paid as follows:
°)Casts at 245",0001ot
$ ,plus closing costs,to be paid by Buyer at closing in funds which comply with all applicable Colorado laws,which
include cash,electronic transfer funds,certified check,savings and loan teller's check,and cashier's check(Good Funds).Subject to the provisions of
Section 4,if the existing loan balance at the time of closing shall be different from the loan balance in Section 3,the adjustment shall be made in
Good Funds at closing or paid as follows:
(c)New Loan.
The loan shall be amortized over a period of years at approximately S per
including principal and interest not to acted %per annum,plus,if required by Buyer's lender,a
of the estimated annual real estate taxes,property insurance premium,and mortgage insu mtum.If the loan is an adjustable interest rate or
graduated payment loan,the payments and interest rate initially shall n t e figures set forth above.
Loan discount points,if any,shah be paid to lend ng and shall not exceed %of the total loan amount.Notwithstand-
ing the loan's interest rate,the first loan discount points shill be paid by
and the balance,if paid by .
tierefx-nes-te exceed %of theaeanamw-••re Page 1 of 4 ar
No. CB.S3-9-95. VACANT SAND/FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE lona!
.ld)Assumption. NONE
• h S>_= by Buyer's assuming and agreeing to pay an existing loan in this approximate amount,presently payable at
• S per including principal,interest presently at %per
annum, and including escrow for the following as indicated: El real estate taxes, ❑property insurance premium. O mortgage insurance premium, and
.Buyer agrees
to pay a loan transfer fee not to exceed S .At the time of assumption,the new interest rate shall not exceed %per annum
and the new payment shall not exceed S principal and interest,plus escrow,if any.
Seller 0 shall 0 shall not be released from liability on said loan.If applicable,compliance with the requirements for release from liability shall be evidenced
by delivery at closing of an appropriate letter from lender.Cost payable for release of liability shall be paid by
in an amount not to exceed S
(e)Seller or Private Third-Party Financing.
S NONE by Buyer executing a promissory note payable to:
on the note form as indicated:(Check one box only.)
❑ (UCCC-Ho thhult R.n)NmtJ-91 O Nib tl•I 1.O O
..cured by a(lrl]nd,etc) deed or butt encumbering the Properly,using the form as indie.ud:(Cheek only one bee.)
❑ auks Put-on-sale(TDT1.7.96) O 6editwonhy(TD 73.7.96)
❑ Aanimalo-Ha es.OR'asap 767-%) O
The promissory note shall be amortized on the basis of years,payable at S per
including principal and interest at the rate of %per annum.Payments shall commence
and shall be due on the day of each succeeding •If not sooner paid,the balance of principal and
accrued interest shall be due and payable alter closing.Payments O shall O shall not be
increased by of estimated annual real estate taxes,and O shall O shall not be increased by of estimated annual property
insurance premium.The loan shall also contain the following terms as indicated:If any payment is not received within calendar days after its due date,a late charge of
%of such payment shall be due-Interest on lender// disbursements under the deed of trust shall be %per annum.Default interest
rate shall be %per annum.
.Buyer may prepay without a penalty except
a�hi�B'dUHC7V1Yt)s'fY' '
(a)Loa plleatloo(.). If Buyer is to pay all or part of the purchase price as set forth in Section 5 by obtaining a new loan or if an existing loan is not to be
released at closin , uyer,if required by such lender,shall make written application within calendar days from acceptance of this contract.Buyer shall
cooperate with Seller at ender to obtain loan approval,diligently and timely pursue same in good faith,execute all documents and furnish all information and
documents required by the ten and,subject to Section 3,timely pay the costs of obtaining such loan or lender consent.
(b)Loan Approval. If Buyer is ay all or part of the purchase price by obtaining a new loan as specified in Section J,this contract is conditional upon lender's
approval of the new loan on or before— ,19 .If not so approved by said date,this contract shall terminate.
(e)Existing Loan Review. If an existing lo is not to be released at closing;Seller shall provide copies of the loan documents(including note,deed of trust,
modifications)to Buyer within— calendar from acceptance of this contract.This contract is conditional upon Buyer's review and approval of the
provisions of such loan documents. Buyer consents to the visions of such loan documents if no written objection is received by Seller from Buyer within
calendar days from Buyer's receipt of such docu Is.If the lender's approval of a transfer of the Property is required,this contract is conditional
upon Buyer's obtaining such approval without change in the terms of s t loan,except as set forth in Section S. If lender's approval is not obtained on or before
,19—,this contract shall be ter ' atcd on such date.If Seller is to be released from liability under such existing loan
and Buyer does not obtain such compliance as set forth in Section 3,this contract ni terminated at Seller's option.
(d)Assumption Balance. If Buyer is to pay all or part of the purchase price by assum, n existing loan and if the actual principal balance of the existing loan at
the date of closing is less than the amount in Section J and the amount of cash required from Buy t closing is increased by more than S
then Buyer may terminate this contract effective upon receipt by Seller of Buyer's written notice of ter ' cation.
(e)Credit Information. If Buyer is to pay all or part of the purchase price by executing a promissory a in favor of Seller or if an existing loan is not to be
released at closing,this contract is conditional upon Seller's approval of Buyer's financial ability and ereditwon s ss,which approval shall be at Seller's sole and
absolute discretion.In such case:(I)Buyer shall supply to Seller on or berme ,19 ,at Buyer's expense,information and
documents concerning Buyer's financial,employment and credit condition;(2)Buyer consents that Seller may verify Buyer's ncial ability and creditworthiness;
(3)any such information and documents received by Seller shall be held by Seller in confidence, and not released to others exec to protect Seller's interest in
this transaction;(4)if Seller does not provide written notice of Seller's disapproval to Buyer on or before ,19
Moo c-11-•wvi•re thisc ditionrif-Seller-0ees-preWile+wiN•.,..et:e.of disapprove yecen-or-before-sai4ilaerthis-eontraet shalkermin
5.APPRAISAL PROVISION. (Check only one box)This Section 5I_I shill shall not apply.
If this Section 5 applies,as indicated above,Buyer shall have the sole option and c colon to terminate this contract If the purchase price exceeds the Property's
valuation determined by an appraiser engaged by n/a . The contract shall terminate by the Buyer causing the Seller to receive written
notice of termvgtion and a copy of such appraisal or written notice from lender which confirms the Property's valuation Is less than the purchase price,on or
before n/a (Appraisal Deadline). If Seller does not receive such written notice of lamination on or before the appraisal deadline,Buyer
waives any right to terminate under this section.
6. COST OF APPRAISAL Cost of any appraisal to be obtained after the date of this contract shall be timely paid by buyer
7. NOT ASSIGNABLE. This contract shall not be assignable by Buyer without Seller's prior written consent.Except as so restricted,this contract shall inun
to the benefit of and be binding upon the heirs,personal representatives,successors and assigns of the panics.
8. EVIDENCE OF TITLE. Seller shall furnish to Buyer,at Seller's expense,either a current commitment for owner's title insurance policy in an amoun
equal to the purchase price or at Seller's choice,an abstract of title certified to a current date,on or before April 21 , 1998
(Title Deadline).Ira title insurance commitment is furnished,Buyer may require of Seller the
copies of instruments(or abstracts of instruments)listed In the schedule of exceptions(Exceptions)in the title insurance commitment also be furnished to Buyer a
Sellers expense.This requirement shall pertain only to instruments shown of record in the office of the clerk and recorder of the designated county or counties.Th
title insurance commitment,together with any copies or abstracts of instruments furnished pursuant to this Section 8,constitute the title documents(Title Doct
ments).Buyer,or Buyer's designee,must request Seller,in writing,to furnish copies or abstracts of instruments listed in the schedule of exceptions no later tha
5 calendar days after Title Deadline.If Seller furnishes a title insurance commitment,Seller will pay the premium at closing and have the title insuranc
policy delivered to Buyer as soon as practicable after closing. .
9. TITLE,
(a)Title Review. Buyer shall have the right to inspect the Title Documents or abstract.Written notice by Buyer of untnerchantability of title or of any oth,
unsatisfactory title condition shown by the Title Documents or abstract shall be signed by or on behalf of Buyer and given to Seller on or before 5 calends
days after Title Deadline,or within five(5)calendar days after receipt by Buyer of any Title Document(s)or endorsement(s)adding new Exception(s)to the tit
commitment together with a copy of the Title Document adding new Exception(s)to title.If Seller does not receive Buyer's notice by the date(s)specified above,Buy
accepts the condition of title as disclosed by the Title Documents as satisfactory.
• No. CRS)-9.95. Page 2 of 4-
• (b)Matters Not Shown by the Public Records. Seller shall deliver to Buyer,on or before the Title Deadline set forth in Section 8,true copies of all lease(s)and
. survey(%)in Seller's possession pertaining to the Property and shall disclose to Buyer all easements,liens or other title maven not shown by the public records of
which Seller has actual knowledge.Buyer shall have the right to inspect the Property to determine if any third party(s)has any right in the Property not shown by the
public records(such as an unrecorded easement,unrecorded lease,or boundary line discrepancy).Written notice of any unsatisfactory condition(s)disclosed
9b"y Seller
or revealed by such inspection shall be signed by or on behalf of Buyer and given to Seller on or before April28 19 2ff
If Seller does not receive Buyer's notice by said date,Buyer accepts title subject to such rights,if any,of third parties of which Buyer has actual knowledge.
(c)Special Taxing Districts. •SPECIALTAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED
FROM ANNUAL TAX LEVIES ON TIM TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISE FOR
INCREASED MILL LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT TIE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN TIIE INABILITY
OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES.BUYER SHOULD INVESTIGATE TIIE DEBT FINANCING
REQUIREMENTS OF TIE AUTHORIZED GENERAL OBLIGATION INDEBTEDNESS OF SUCH DISTRICTS,EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH
INDEBTEDNESS,AND TIE POTENTIAL FOR AN INCREASE IN SUCH MILL IE.VIFS.
In the event the Property is located within a special taxing district and Buyer desires to terminate this contract as a result,if written notice is given to Seller on or
before the date set forth in subsection 9(b),this contract shall then terminate.If Seller does not receive Buyer's notice by the date specified above,Buyer accepts the
effect of the Property's inclusion in such special taxing district(s)and waives the right to so terminate.
(d)Right to Cure. If Seller receives notice of unmerchantability of title or any other unsatisfactory title condition(s)as provided in subsection(a)or(b)above,
Seller shall use reasonable effort to correct said unsatisfactory title condition(%)prior to the date of closing,If Seller fails to correct said unsatisfactory title condition(%)
on or before the date of closing,this contract shall then terminate;provided,however,Buyer may,by written notice received by Seller,on or before closing,waive
objection to said unsatisfactory title condition(s).
10. INSPECTION. Seller agrees to provide iticyc/t�o/h(6r/ as is condition (vacant land) ,with a Seller's Property
Disclosure form completed by Seller to the best of Seller's current actual knowledge.Buyer or any designee,shall have the right to have inspection(%)of the physical
condition of the Property and Inclusions,at Buyer's expense.If written notice of any unsatisfactory condition,signed by or on behalf of Buyer,is not received by Seller
on or before n a ,19—(Objection Deadline),the physical condition of the Property and Inclusions shall be deemed
to be satisfactory to Buyer.If such notice is received by Seller as set forth above,and if Buyer and Seller have not agreed,in writing,to a settlement thereof on or before
n/a ,19 (Resolution Deadline),this contract shall terminate three calendar days following the Resolution Deadline;
unless,within the three calendar days,Seller receives written notice from Buyer waiving objection to any unsatisfactory condition.Buyer is responsible for and shall
pay for any damage which occurs to the Property and Inclusions as a result of such inspection.
II. DATE OF CLOSING. The date of closing shall be June 15 ,19 98 ,or by mutual agreement at an earlier date.The hour
and place of closing shall be as designated by Security Title Co.
12. TRANSFER OF TITLE. Subject to tender or payment at closing as required herein and compliance by Buyer with the other terms and provisions hereof,
Seller shall execute and deliver a geed and sufficient General Warranty deed to Buyer,on closing,conveying the Property free and
clear of all taxes except the general taxes for the year of closing,Os%pfiyp(/
.Title shall be conveyed free and clear of all liens for special improvements
installed as of the date of Buyer's signature hereon,whether assessed or not;except(i)distribution utility easements(including cable TV),(ii)those matters reflected
by the Title Documents accepted by Buyer in accordance with subsection 9(a),(iii)those rights,if any,of third parties in the Property not shown by the public records
in accordance with subsection 9(b),(iv)inclusion of the Property within any special taxing district,and(v)subject to building and zoning regulations.
13. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before closing from the proceeds of this transaction or
from any other source.
Id. CLOSING COSTS,DOCUMENTS AND SERVICES. 'Buyer and Seller shall pay,In Good Funds,their respective closing Costs and all other items
required to be paid at closing,except as otherwise provided herein.Buyer and Seller shall sign and complete all customary or required documents at or before closing.
Fees for real estate closing services shall not exceed S 150 and shall be paid at closing by 50% Buyer , 50% Seller
The local transfer tax of %of the purchase price shall be paid at closins
by n/a Any sales and use lax that may accrue because of this transaction shal
Kbewhen due by
IS. RORATIONS. General taxes for the year of closing,based on the taxes for the calendar year immediately preeeeding closing,rents,water and sewn
charges„Iown s association dues,and interest ntinymplwn(s),if any,and •
tJ^-^"'aLn"�'"� C� �� �gel shall be prorated to date of dosio
16. POSSESSION. Possession of the Property shall be delivered to Buyer as follows: at time of closing and delivery
of the deed
subject to the following lease(s)or tenancy(
See section 21
.If Seller,after closing,fails to deliver possession on the date herein specified,Seller shall be subject
eviction and shall be additionally liable to Buyer for payment of S 1 5 0 per day from the date of agreed possession until possession is dclivcm
17. CONDITION OF AND DAMAGE TO PROPERTY Except as otherwise provided in this contract,the Property and Inclusions shall be delivered in tl
condition existing as of the date of this contract,ordinary wear and lean excepted.In theevrnl the Property shall be damaged by fire or other casualty prior to time
closing,in an amount of not more than ten percent of the total purchase price.Seller shall be obligated to repair the same before the date of closing.In the event sue
damage is not repaired within said time or if the damages exceed such sum,this contract may be terminated at the option of Buyer.Should Buyer elect to carry o
this contract despite such damage,Buyer shall be entitled to credit for all the insurance proceeds resulting from such damage to the Property and Inclusions,n
exceeding,however,the total purchase price.Should any Inclusion()or service(:)fail or be damaged between the date of this contract and the date of closing or tl
date of possession,whichever shall be earlier,then Seller shall be liable for the repair or replacement of such Inclusion(s)or service(s)with a unit of similar sire,a
and quality,or an equivalent credit,less any insurance proceeds received by Buyer covering such repair or replacement.The risk of loss for any damage to grown
crops,by fire or other casualty,shall be borne by the party entitled to the growing crops,if any,as provided in Section 2 and such party shall be entitled to so
insurance proceeds or benefits for the growing crops,if any.
18. TIME OF ESSENCE/REMEDIES. Time is of the essence hereof.If any note or check received as earnest money hereunder or any other payment d
hereunder is not paid,honored or tendered when due,or if any other obligation hereunder is not performed or waived as herein provided,there shall be the followi
remedies:
(a) IF BUYER IS IN DEFAULT:
(:beck one box only.) •
�U (1) Specific Performance. t• .
/ \ Seller may elect to treat this contract as cancelled,In which case all payments and things of value received hereunder shall be forfeited and retained on beh
of Seller,and Seller may recover such damages as may be proper,cc Seller may elect to treat this contract as being In full forte and effect and Setter shall ID
the right to specific performance or damages,'or both. i •
❑(2) liquidated Damages.
All payments and things of value received hereunder shall be forfeited by Buyer and retained on behalf of Seller and both parties shall thereafter be relet
from all obligations hereunder.It is agreed that such payments and things of value are LIQUIDATED DAMAGES and(except as provided in subsection
are SELLER'S SOLE AND ONLY REMEDY for Buyer's failure to perform the obligations of this contract.Seller expressly waives the remedies of spec
performance and additional damages. -
(b) IF SELLER IS IN DEFAULT:
Buyer may elect to treat this contract u cancelled,in which case all payments and things of value received hereunder shall be returned and Buyer n
recover such damages as may be proper,or Buyer may elect to treat this contract as being in full force and effect and Buyer shall have the right to spec
performance or damages,or both. i,
(c) COSTS AND EXPENSES.
_! Anything to the contrary herein notwithstanding,in the event of any arbitration or litigation arising out of this contract,the arbitrator or court shall aw
to the prevailing party all reasonable( costs" and expenses,including attorney fees.
No. CRS7-9-95. Page 3 of 4_j11--o
iii tri
•
• .f. hn n.u,. s navnea Inn run e, rvownnsanomg any termination of this contract,Buyer and Seller agree that,in the event of any controveny regarding
the earnest money and things of value held by broker or closing agent,unless mutual written instructions are received by the holder of the earnest money and things of
' value,broker or closing agent shall not be required to take any action but may await any proceeding.or at broker's or closing agent's option and sole discretion,may
interplead all panics and deposit any moneys or things of value into a court of competent jurisdiction and shall recover court costs and reasonable attorney fees.
20. ALTERNATIVE DISPUTE RESOLUTION: MEDIATION. If a dispute arises relating to this contract, and is not resolved, the parties and broker(s)
Involved in art dispute(Dlspsttams)dull find proceed In good faith to submit the mance to mediation, The Disputants will Jointly appoint an acceptable mediator
and will share equally In the cost of such mediation. In the event the attire dispute is not resolved within thirty(30) calendar days from the date written notice
requesting mediation Is sent by one Disputant to the ottes(s), the mediation,tmless otherwise agreed,shall terminate. This section shall not alter any date In this
contract,unless otherwise agreed.
21.ADDMONAL PROVISIO (The language of provisions addltlonalr� �y not bean roved by the to Estate Commisslon).
la. Seller a re d farm alfalfa , ee `S° 0.
g (water , cut, bale; stalking) and split
50-50 with buyer. Hay shall be stacked , on S edge of property.' This
lease shall expire Dec 31, 199.
i.ety a wiz es�u," c L� Y e. / �J -cv�� (' Tau
As per Se ers contract with . previous owner, seller agrees to construe
a ' el ' er water to the Martin Property, The Route shall be
buyers and location $10 ,000 shall be escrowed at closin,
in event s ler has not c ted pipeling at time of closing.
•
is that seller give buyer first right of refusal on
remaining pro erty east when it sells.
/Q, / O a-c4v. z — /O o
wae
1 e , /o 3/ /4-61-ti-coup-x,.
22. RECOMMENDATION OP LEGAL COUNSEL By signing this document, Buyer and Seller acknowledge that the Selling Company or the Listing
Company has advised that this document has important legal consequences and has recommended the examination of title and consultation with legal and tax or
other counsel before siring this contract.
• 23. TERMINATION. In the event this contract is terminated,all payments and thing,of value received hereunder shall be returned and the parties shall be
relieved of all obligations hereunder,subject to Section 19,
24. SELLING COMPANY BROKER RELATIONSHIP. The selling broker, A. Bruce Johnson & Associates Ltd.
,+a441 -sakapeneas have been engaged as Sellers agent
Selling Company has previously disclosed in writing to the Buyer that different relationships an available which include buyer agency,seller agency,subagency,or
transaction-broker. ,,.///
25. NOTICE TO BUYER. Any notice to Buyer shall be effective when received by Buyer,or,if this boa Is checked �Q when received by Selling Company.
26. NOTICETO SELLER. Any notice to Seller shall be effective when received by Seller or Listing Company. / •
27. MODIFICATION OF TIIIS CONTRACT. No subsequent modification of any of the terms of this contract shall be valid,binding upon the parties,or
enforceable unless made in writing and signed by the panics.
IS. ENTIRE AGREEMENT. This contract constitutes the entire contract between the panics relating to the subject hereof, and any prior agreements
pertaining thereto,whether oral or written,have been merged and integrated Into this contract.
29. NOTICE OF ACCEPTANCE:COUNTERPARTS. This proposal shall expire unless accepted In.writing,by Buyer and Seller, as evidenced by their
signatures below,and the offering party receives notice of such acceptance on or before April 16 .19 98 (Acceptance Deadline).if
' accepted,this document shall become a contract between Seller and Buyer.A copy of this document may be executed by each party,separately,and when each party
has executed a copy thereof, copies taken together shall be deemed to be a full and complete contract between the panics.
•
•
��n lT . ��L��+2 (�ilf 'CYf+f .
h"' Don L. Willms h""r JOA /Willms
•
. Date of Buyer's signature April 14 ,19 98 Date of Buyer's signature April 14 , 19 Q8_
•
Buyer's Address 2930 Memorial Dr. Siouix City, IA 51103
•
kuaDonald 0. Magnuson s' Jeanette R. Magnuson
Date of Seller's signature ,19— Date of Seller's signature ,19
a,
Seller's Address 404 Cottonwood, Eaton, CO 80615
The undersigned Braked')acknowledges receipt of the earnest money deposit specified in Section 3,and Selling Company confirms its Broker Relationship as set
forth in Section 24.• _
Selling Compay A. Bruce John n & Associates, Ltd. 801 8th St. , Suite 220 Greeley, CO 8063:
thine and Adlrru
/0s O? / . April ' 14 19 98
5" ' L1 d D. Kindsfa er D^a
•
Listing Company A. Bruce Johnson'& Associates, Ltd. 801 8th St. . Suite 220 freeley, re 80631
• Name and Address
By: . April 14' . 19 98
"Wr Lloyd D. Kindcfatcr ate
NOTE:Closing Instructions should be signed at the time this contract Is signed.
•
No. CBSJa-f1. Page 4 of 4
Tle.rI.ta lochs@ st Ale r..bunt Me..11,.E 4
by he Carina Raid touts C.ul.le..PCP 40-1.14)
7111s VOW IIAS IMPORTANT LEGAL CONSEQUENCES AND Tilt PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL MORE SIGNING.
COUNTERPROPOSAL
April 15 19 98
RE: Proposed contract to buy and sell the following described real estate in the County of Wald
Colorado,to wit: Part SW 1/4 Section 5, Township 6 North, Range 65 West
of the 6th P.M.
known as No. Vacant Land (West portion of Magnuson Farm)
Sued Addis, Cu, Stall ljp
dated April 14 , 19 98 ,between f7lnald 0. Magnuson and Jeanette
R. Magnuson ,Seller,and non T. Wi l lms and .To Ann Ni 1 lms
Buyer.
The undersigned accepts the proposed contract,subject to the following amendments:
• The following are offered as clarification and additions to subject
contract:
a) The following shall be added to paragraph 21 (la) . Buyer shall
pay the normal Landlord (Lessor) expenses for the 1998 crop and
receive the normal Landlord share of the crop. This is believed
to be 50% of the hay production and/or 1/3 of any other crop as
the crop share. Landlord to pay all water assessments, well elect-
ricity, 50% of the bailing costs (customary rates) , all 1998
Real Estate taxes due in 1999.Seller as tenant is willing to cooper-
ate with Buyer in mutually agreeable changes in lease terms to meet
buyers long term crop plans.
b) The following shall be added to paragraph 21 (lc) : In theevent
Magnusons decide to sell any of the remaining property, they will
first contact Willms. Willms will have two weeks to enter into a
• satisfactory purchase contract before Magnusons place the property
on the open market.
c) Specs ha thy reserve an esssrent fir the ecistircj irrigation well pipeli e and
tie existing ditch system cr any rgala nreTt strintures, tap carry irrigation water
to t1L reminim prC erty it tIe cast.
d) It is the intact of the Bayecs and/or eel lens to perticifette in a I3a1 Estate
D i-en Lreer the IRS are 1031. 'The otter party cytw, to co: to witlrut any
aUliticnal eq:Eni. cr.
liability.
e) Fax mpies are xrni-ahle as originals in this tmrtsa ticn.
All other terms and conditions shall remain the same.This counterproposal shall expire unless accepted in writing, by
Buyer and Seller, as evidenced by their signatures below, and the offering party to this document receives notice of such
acceptance on or before Puri], 17 , 19 98 . If accepted,the proposed contract,as amended
hereby,shall become a contract between Seller and Buyer.
Etna1d 0. M3c�9,em sir, Jeanette R. T
'J2C!/J/A.t
Dale of Seller's signature 1y]11 15 ,19 98 Date of Seller's signature P{X1l 15 , 19
Seller's Address 404 Cbttrnccd F≥tat OD 80615
Sun' Dm L. Winne
°un' Jo Pm Wi]]rrs
Dale or Buyer's signature Pi rl l ,19 Dale of Buyer's signature Pp-11 , 19.28_
Buyer's Address 7930 r.tn rial Pritan City. I1L 51103
N.B.When this counterproposal form is used,the proposed contract is not to be signed by the party initiating this counter-
proposal.This counterproposal must be securely attached to the proposed contract.
No.CP40.1.94. COUNTEIPROPOSAL
• L L�
J�LLv C
•
Tr'And pin I••••elAY 11.-b..IM V I•-•r
Ir W Wow awe la..YC.--u.r.IO .b W
TIM loan IW naro[TM YC4 CO+aoern'aera sieMTll hMn3/!MILDCO PLY IaLLLSMSIY On TYY Count molt LCMSC
COUNTERPROPOSAL
April 15 .19 98
RE PionduetunM to bey and sell the folladng dnalbed nil putt is the County of 691e
Cotende,w wit: Part 5141 Section 5, 'lbwnehip 6 North, Range 65 WeCt
of the 6th P.M.
tuwwnu NO. Reran txnl Rotor rrrrti enfrr o gmf Mwtecn Tabun%
Nolo..
M w
dared Ar.rl1 14 •19_9S_..brtwroe rrxsi IA n h9sgnnevnn anti 7a4,M•fw
R jlegnunnn .Sailer.end Sarin Y. tat lit. AM ;In Item W111m.
.Du ye r.
The uidenlned aaapu the woofed metnn,nsb)a110 the following amendments:
• The following are offered as clarification and additions to subject
contract:
a) The following shall be added to paragraph 21 (le). Buyer shall
pay the normal Landlord (Lessor) expenses for the 1998 crop and
receive the normal. Landlord share of the crop. This is believed
to be 501 of the hay production and/or 1/3 of any other crop as
the crop share. Landlord to pay all water assessments, well elect-
ricity, 501 of the bailing costs (customary rates), all 1998
Real Estate taxes due in 1999.Seller as tenant is willing to cooper-
ate with dryer in mutually agreeable changes in lease tsrmm to meet
buyers long term crop plans.
b) The following shall be added to paragraph 21 (lc): In the event
Magnusons•deride to sell any of the rlareining property, they will
first contact willns. Nines will have two weeks to enter into a
satisfactory purchase contract before Magnuson place the property
on the open market. ...1�..�:...
c) 5&3 fart/mete at tonne nt for rte misting irrigation tell pipelire and
ate existing ditch system cr any replxslet start-see,ee, to entry—,marim tote
m tte rendntnq property m the rest
a) It is de intert of tie Liners and/or Sellers to prtird tyre in a Hell State
' semen tin IRS tale 1rri1, DC otter party agrazein to tdit)rut wry
aiiittal screw or)
es originals
e) Roc cops are coca table as originals to this Learnt. '
AU other terms and tonditio.s shad rrmeia the tame.nth coyeterpr000ul shall apire unless accepted in writing,by
Buyer and Seller.U evidenced by their dwule.in below,and the offering piny to this document reecho notice of net:
aneestaea seer before Pail 17 Ireecrpled.the Droposa contractor s merde4
hem*.1 /
hall homeee aeanDaubet between Seller and Duy
ww Dead a ticym71 LL?% .1aReCE P. D9gua:it ,11
Due el$dh,i iwlt.M Peril 5 ITS Doe ofkiefs denturel
1549
•
taw,A,d1ro. 401
0xmxtt P,tn. CM 433615_ 9/m Titifee-le-tA_^^ Don L. Wins , wr' Part 131111;
Dw,el Dunn noon—.Rhin /10 .Ir J8 Deli d pyre),imaere Arrhl /Ci .It Si
emn.wdnu. 741(1.Pa rr',.l rrieu RiCari c C5 hi_ LA 511111
•
NR When Mk Wunumropnv Perm i,tad,the proposed centnet is net to be dined by the party initialing this cut nitr.
proposal.This eoueterpropoul mun be teruecly attached to the ptouoted coning,.
N.crest•tl. COVMrr)NrM.L
as T07PL RAGE.01 ca
APR 16 '98 10:12 2522610 PAGE.01
WEST GREELEY SOIL CONSERVATION DISTRICT
4302 W. 9TH STREET ROAD
GREELEY, COLORADO 80634
(970) 356-6506
♦11/1/1/1/11/1111111/1111111/1111/1111/11111111/1/11/1111111
November 28, 1995
Gloria Dunn, Current Planner
Department of Planning Services
Weld County Administrative Offices
1400 N. 17th Ave.
Greeley, CO 80631
Gloria:
The West Greeley Soil Conservation District has completed its review of the request for a
recorded exemption, case number RE-1833. The district regrets the development of prime
agricultural land and is concerned that the exemption of a two acre parcel for agricultural use
could result in the parcel being sold as a home site in the near future. This could have a negative
effect on the agricultural practices on the adjoining land, possibly resulting in further urban
development in the immediate area.
Sincerely,
Michael Shay
District Manager
960549
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rBY�'' `% b 604i�52� �
t (l0 8) 4'44014/54• r a
I
2 Miles i
i
A 5000Feet 10000Feet ,
3000 2000 1000 0 Scale 1:24 000
r„
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Ya1 �
WELD COUNTY, COLORADO, SOUTHERN PART N0. 3 L- 183,3 t
e4
7.a 2
TayJ
p!
•
W D COUNTY, COLORADO, SOUTHERN PART." 35
and switchgrass decrease and blue grama, sand dropseed, should be grown at least 50 percent of the time. Contour
and sand sage increase. Annual weeds and grasses invade ditches and corrugations can be used in irrigating close
the site as range condition becomes poorer. grown crops and pasture. Furrows, contour furrows, and
Management of vegetation on this soil should be based cross slope furrows are suitable for row crops. Sprinkler
on taking half and leaving half of the total annual produc- irrigation is also desirable. Keeping tillage to a minimum
tion. Seeding is desirable if the range is in poor condition. and utilizing crop residue help to control erosion. Main-
Sand bluestem, sand reedgrass, switchgrass, sideoats Lathing fertility is important. Crops respond to applica-
grama, blue grama, pubescent wheatgrass, and crested tions of phosphorus and nitrogen.
wheatgrass are suitable for seeding. The grass selected The potential native vegetation on this site is
should meet the seasonal requirements of livestock. It can dominated by sand bluestem, sand reedgrass, and blue
be seeded into a clean, firm stubble, or it can be drilled grama. Needleandthread, switchgrass, sideoats grama,
into a firm prepared seedbed. Seeding early in spring has and western wheatgrass are also prominent. Potential
proven most successful. production ranges from 2,200 pounds per acre in favora-
Windbreaks and environmental plantings are generally ble years to 1,800 pounds in unfavorable years. As range
suited to this soil. Soil blowing, the principal hazard in condition deteriorates, the sand bluestem, sand reedgrass,
establishing trees and shrubs, can be controlled by cul- and switchgrass decrease, and blue grama, sand dropseed,
tivating only in the tree row and by leaving a strip of and sand sage increase. Annual weeds and grasses invade
vegetation between the rows. Supplemental irrigation the site as range condition becomes poorer.
may be needed at the time of planting and during dry Management of vegetation on this soil should be based
periods. Trees that are best suited and have good survival on taking half and leaving half of the total annual produc-
are Rocky Mountain juniper, eastern redcedar, ponderosa tion. Seeding is desirable if the range is in poor condition.
pine, Siberian elm, Russian-olive, and hackberry. The Sand bluestem, sand reedgrass, switchgrass, sideoats
shrubs best suited are skunkbush sumac, lilac, and Siberi- grama, blue grama, pubescent wheatgrass, and crested
an peashrub. wheatgrass are suitable for seeding. The grass selected
Wildlife is an important secondary use of this soil. should meet the seasonal requirements of livestock. It can
Ring-necked pheasant, mourning dove, and many non- be seeded into a clean, firm sorghum stubble, or it can be
game species can be attracted by establishing areas for drilled into a firm prepared seedbed. Seeding early in
nesting and escape cover. For pheasants, undisturbed spring has proven most successful.
nesting cover is essential and should be included in plans Windbreaks and environmental plantings are generally
for habitat development, especially in areas of intensive suited to this soil. Soil blowing, the principal hazard in
agriculture. establishing trees and shrubs, can be controlled by cul-
Rapid expansion of Greeley and the surrounding area tivating only in the tree row and by leaving a strip of
has resulted in urbanization of much of this Otero soil. vegetation between the rows. Supplemental irrigation
This soil has excellent potential for urban and recrea- may be needed at the time of planting and during dry
tional development. The only limiting feature is the periods. Trees that are best suited and have good survival
moderately rapid permeability in the substratum, which are Rocky Mountain juniper, eastern redcedar, ponderosa
causes a hazard of ground water contamination from pine, Siberian elm, Russian-olive, and hackberry. The
sewage lagoons. Lawns, shrubs, and trees grow well. shrubs best suited are skunkbush sumac, lilac, and Siberi-
Capability subclass IIIe irrigated, IVe nonirrigated; an peashrub.
Sandy Plains range site. Wildlife is an important secondary use of this soil.
52—Otero sandy loam, 3 to 5 percent slopes. This is a Ring-necked pheasant, mourning dove, and many non-
deep, well drained soil on plains at elevations of 4,700 to game species can be attracted by establishing areas for
5,250 feet. It formed in mixed outwash and eolian nesting and escape cover. For pheasants, undisturbed
deposits. Included in mapping are small areas of soils that nesting cover is essential and should be included in plans
have loam and clay loam underlying material. Also in- for habitat development, especially in areas of intensive
eluded are small areas of soils that have sandstone and agriculture.
shale within a depth of 60 inches. Rapid expansion of Greeley and the surrounding area
Typically the surface layer of this Otero soil is brown has resulted in urbanization of much of this Otero soil.
sandy loam about 10 inches thick. The underlying material The soil has excellent potential for urban and recreational
to a depth of 60 inches is pale brown calcareous fine development. The only limiting feature is the moderately
sandy loam. rapid permeability in the substratum, which causes a
Permeability is rapid. Available water capacity is hazard of ground water contamination from sewage
moderate. The effective rooting depth is 60 inches or lagoons. Lawns, shrubs, and trees grow well. Capability
more. Surface runoff is medium, and the erosion hazard is subclass Tile irrigated, VIe nonirrigated; Sandy Plains
low range site.
This soil is used almost entirely for irrigated crops. It 53—Otero sandy loam, 5 to 9 percent slopes. This is a
is suited to the crops commonly grown in the area. deep, well drained soil on plains at elevations of 4,700 to
Perennial grasses and alfalfa or close growing crops 5,250 feet. It formed in mixed outwash and eolian
960549
K I.ival.ing only in the Isis. row and by leaving a strip of -and switchgrass decrease and blue grama, sand drops
h vegetation between the rows. Suppntal irrigation and sand sa'crease. Annual weeds and grasses in'
may be needed at the time of plan Li and during dry the site as r condition becomes poorer.
II periods. Trees that are best suited and have good survival Management of vegetation on this soil should be b;
✓ are Rocky Mountain juniper, eastern redcedar, ponderosa on taking half and leaving half of the total annual pro
s pine, Siberian elm, Russian-olive, and hackberry. The tion. Seeding is desirable if the range is in poor condi
e shrubs best suited are skunkbush sumac, lilac, and Siberi- Sand bluestem, sand reedgrass, switchgrass, side
d an peashrub. grama, blue grama, pubescent wheatgrass, and cre
:1 Wildlife is an important secondary use of this soil. wheatgrass are suitable for seeding. The grass sele
e Ring-necked pheasant, mourning dove, and many non- should meet the seasonal requirements of livestock. It
n game species can be attracted by establishing areas for be seeded into a clean, firm stubble, or it can be dr
s nesting and escape cover. For pheasants, undisturbed into a firm prepared seedbed. Seeding early in spring
n nesting cover is essential and should be included in plans proven most successful.
Windbreaks and environmental plantings are gene
for habitat development, especially in areas of intensive
suited to this soil. Soil blowing, the principal bazar
e agriculture.
d Rapid expansion of Greeley and the surrounding area establishing trees and shrubs, can be controlled by
n has resulted in urbanization of much of this Otero soil. tivating only in the tree row and by leaving a stri
vegetation between the rows. Supplemental in-ig:
e This soil has excellent potential for urban and recrea-
r tional development. The only limiting feature is the may be needed at the time of planting and during
periods. Trees that are best suited and have good sur
r- moderately rapid permeability in the substratum, which
causes a hazard of ground water contamination from are Rocky Mountain juniper, eastern redcedar, ponds
Hpine, Siberian elm, Russian-olive, and hackberry.
e sewage lagoons. Lawns, shrubs, and trees grow well.
shrubs best suited are skunkbush sumac, lilac, and Si
3, Capability subclass Its irrigated.
51—Otero sandy loam, 1 to 3 percent slopes. This is a an peashrub.
Wildlife is an important secondary use of this
- deep, well drained soil on plains at elevations of 4,700 to
d 5,250 feet. It formed in mixed outwash and eolian Ring-necked pheasant, mourning dove, and many
if deposits. Included in mapping are small areas of soils that game species can be attracted by establishing area;
err nesting and escape cover. For pheasants, undistu
have loam and clay loam underlying material.
nesting cover is essential and should be included in I
T. Typically the surface layer is brown sandy loam about
p 12 inches thick. The underlying material to a depth of 60 for habitat development, especially in areas of inter
inches is pale brown calcareous fine sandy loam. agriculture.
Rapid expansion of Greeley and the surrounding
a Permeability is rapid. Available water capacity is
if moderate. The effective rooting depth is 60 inches or has resulted in urbanization of much of this Otero
n more. Surface runoff is slow, and the erosion hazard is kk This soil has excellent potential for urban and re
tional development. The only limiting feature is
it low.
This soil is used almost entirely for irrigated crops. It e moderately rapid permeability in the substratum, v
it is suited to all crops commonly grown in the area. Land causes a hazard of ground water contamination
'.0 leveling, ditch lining, and installing pipelines may be i. sewage lagoons. Lawns, shrubs, and trees grow
needed for proper water application. F Capability subclass IIIe irrigated, IVe nonirrig
is All methods of irrigation are suitable, but furrow ir- ` Sandy Plains range site.
it rigation is the most common. Barnyard manure and com- [� 52—Otero sandy loam, 3 to 5 percent slopes. Thi:
[ deep, well drained soil on plains at elevations of 4,7
is mercial fertilizer are needed for top yields.
In nonirrigated areas this soil is suited to winter wheat, r 5,250 feet. It formed in mixed outwash and e
it barley, and sorghum. Most of the acreage is planted to l deposits. Included in mapping are small areas of soils
I- winter wheat. The predicted average yield is 28 bushels ; have loam and clay loam underlying material. Als
s, per acre. The soil is summer fallowed in alternate years eluded are small areas of soils that have sandstone
3 to allow moisture accumulation. Generally precipitaiton is shale within a depth of 60 inches.
e, too low for beneficial use of fertilizer. l Typically the surface layer of this Otero soil is b
- Stubble mulch farming, striperopping, and minimum til- sandy loam about 10 inches thick. The underlying ma
le lage are needed to control water erosion. Terracing also ! to a depth of 60 inches is pale brown calcareous
may be needed to control water erosion. I sandy loam.
Permeability is rapid. Available water eapacit
r- The potential native vegetation on this range site is !
m dominated by sand bluestem, sand reedgrass, and blue moderate. The effective rooting depth is 60 inch(
more. Surface runoff is medium, and the erosion hazz
r- grama. Needleandthread, switchgrass, sideoats grama,
and western wheatgrass are also prominent. Potential loµ'
This soil is used almost entirely for irrigated crol
y production ranges from 2,200 pounds per acre in favorer- �.
n ble years to 1,800 pounds in unfavorable years. As range is suited to the crops commonly grown in the
1- condition deteriorates, the sand bluestem, sand reedgrass, I Perennial grasses and alfalfa or close growing
i
960549
. BOARD OF DIRECTORS
ERNESr TIGGES ant- NORTH WELD COUNTY WATER DISTRICT
GARY SIMPSON
ERNEST ROSS fin& ''p HIGHWAY 85 • LUCERNE, COLORADO 80646
W.M. McKAY
CHARLES ACHZIGER 2•111 Ifri% LYLE NELSON, MGR.
P.O. BOX 56 • PHONE 356-3020
November 9 , 1995
RE: Water Service
Dear Sirs,
This letter is in response to your inquiry regarding water service to the
following described property:
W1 SW1 of Section 5-6-65W
1. Water service is presently being provided to the above described
property.
X
2. Water service can be made available to the above described property
provided all requirements of the District are satisfied.
If contracts have not been consummated with North Weld County Water District
within one year from the date of this letter, this letter shall become null and
void.
Additional comments:
Sincerely,
North We d Coun Wa er istrict
L e Nelson
Manager
A. Bruce Johnson
960549
•
RECORD OF PROCEEDINGS . FEB 2 6 193F
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 14, 1996
TAPE #96-05
The Board of County Commissioners of Weld County, Colorado, met in regular
session in full conformity with the laws of the State of Colorado at the regular
place of meeting in the Weld County Centennial Center, Greeley, Colorado,
February 14, 1996, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair Pro-Tem and on roll call the
following members were present, constituting a quorum of the members thereof:
Commissioner Barbara J. Kirkmeyer, Chair- EXCUSED
Commissioner George E. Baxter, Pro-Tem
Commissioner Dale K. Hall
Commissioner Constance L. Harbert
Commissioner W. H. Webster
•
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Carol A. Harding
Finance and Administration Director, Don Warden
MINUTES: Commissioner Webster moved to approve the minutes of the Board of County
Commissioners meeting of February 12, 1996, as printed. Commissioner Hall
seconded the motion, and it carried unanimously.
ADDITIONS: Chair Pro-Tem Baxter added Reading of Ordinance#189 by Tape immediately
following Approval of Consent Agenda.
CONSENT AGENDA: Commissioner Harbert moved to approve the consent agenda as printed.
Commissioner Webster seconded the motion, and it carried unanimously.
READING OF
ORDINANCE BY
TAPE: CONSIDER READING ORDINANCE #189 BY TAPE: Commissioner Harbert
moved to read Ordinance#189 by tape. The motion, which was seconded by
Commissioner Hall, carried unanimously.
PUBLIC INPUT: John Folsom, who lives in Casa Grande Estates, spoke to the Board as a
followup to a letter he sent dated February 1, 1996, regarding annexations in the
southwest portion of the County. He questions the legality of poling and
flagpoling of annexations which are creating a checkerboard pattern across a
large area of the County and are being completed without regard to the impact
on municipal services, roads, and schools. Mr. Folsom asked the Board for a
960182
BC0016
motion of reconsideration regarding the Dollaghan Annexation to the Town of
Firestone. Commissioner Hall responded that the Board has discussed this and
Chair Kirkmeyer has agreed to contact the Mayor of Firestone regarding Mr.
Folsom's concerns. Commissioner Hall also stated the Board has a meeting
scheduled with the Firestone Town Council on February 19, 1996, and
requested Mr. Folsom meet with Lee Morrison, Assistant County Attorney, to
identify all the issues he is concerned about. Bruce Barker, County Attorney,
stated the meeting on February 19, 1996, is a public meeting, and Mr. Folsom
is welcome to attend. It will be held at the Firestone Town Hall at 6:00 p.m.
WARRANTS: Don Warden, Director of Finance and Administration, presented the following
warrants for approval by the Board:
All Funds $ 268,118.13
Commissioner Webster moved to approve the warrants as presented by Mr.
Warden. Commissioner Harbert seconded the motion, which carried
unanimously.
BIDS: PRESENT 1996 SHOT ROCK - PUBLIC WORKS DEPARTMENT: Pat
Persichino, General Services Director, presented the one bid received and
stated the bid will be considered for approval on February 28, 1996.
PRESENT SIGN FACING MATERIAL, SIGN BLANKS, AND FIBERGLASS
REFLECTORS - PUBLIC WORKS DEPARTMENT: Mr. Persichino presented
the bids received from 12 vendors. Said bid will be considered for approval on
February 28, 1996.
PRESENT BITUMINOUS PAVEMENT MIX AND ASPHALT-PUBLIC WORKS
DEPARTMENT: Mr. Persichino presented the bids received from four vendors.
Said bid will be considered for approval on February 28, 1996.
APPROVE EARTHWORK FOR WELD BUSINESS PARK - PUBLIC WORKS
DEPARTMENT: Mr. Persichino recommended the acceptance of the low bid
from Bucklen Equipment Company. Commissioner Webster moved to approve
said bid, in the amount of 740 per cubic yard. Commissioner Hall seconded the
motion, which carried unanimously.
RECONSIDER BELLY DUMP TRACTOR DOUBLE HOPPER TRAILER -
PUBLIC WORKS DEPARTMENT (01/31/96): Mr. Persichino stated the bid
from Maxey Truck and Trailer, in the amount of$22,381.00 was approved on
January 31, 1996; however, the vendor does not make a double hopper trailer,
therefore, Maxey Truck and Trailer cannot honor the bid. He requested said bid
be rejected and Intermountain Wholesale be awarded the bid. Commissioner
Harbert moved to reconsider said bid, Commissioner Webster seconded the
motion, and it carried unanimously. Commissioner Hall moved to reject the
previous award to Maxey Truck and Trailer and to accept the bid from
Intermountain Wholesale, in the amount of$27,000.00. Commissioner Webster
Minutes, February 14, 1996 960182
Page 2 BC0016
•
seconded the motion, which carried unanimously.
BUSINESS:
NEW: CONSIDER SIX AGREEMENTS FOR SAMPLING AND ANALYSIS OF
POLLUTANT DISCHARGE BY HEALTH DEPARTMENT WITH VARIOUS
ENTITIES AND AUTHORIZE CHAIR TO SIGN: Judy Nero, Health Department,
stated said agreements are in accordance with the County's established fees,
and the term of said agreements is January 1, 1996 through December 31,
1996. Commissioner Harbert moved to approve said agreements and authorize
the Chair to sign. Seconded by Commissioner Hall, the motion carried
unanimously.
CONSIDER TWENTY-FIVE AGREEMENTS FOR SAMPLING AND ANALYSIS
OF DRINKING WATER BY HEALTH DEPARTMENT WITH VARIOUS
ENTITIES AND AUTHORIZE CHAIR TO SIGN: Ms. Nero explained said
agreements are in the same format as the 1995 contracts and the term of each
agreement is January 1, 1996, through December 31, 1996. Commissioner
Webster moved to approve said agreements and authorize the Chair to sign.
Seconded by Commissioner Hall, the motion carried unanimously.
CONSIDER CONTRACT RENEWAL LETTER NO. 2 FOR TUBERCULOSIS
OUTREACH CONTRACT BETWEEN HEALTH DEPARTMENT AND
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT,
DISEASE CONTROL AND ENVIRONMENTAL EPIDEMIOLOGY DIVISION,
AND AUTHORIZE CHAIR TO SIGN: Ms. Nero stated this is the contract which
is necessary to help fund TB followup within the County as we continue to follow
several active cases per year, as well as contact persons exposed but not
requiring treatment. Term is February 1, 1996, through January 31, 1997.
Commissioner Harbert moved to approve said contract and authorize the Chair
to sign. Seconded by Commissioner Hall, the motion carried unanimously.
CONSIDER PURCHASE OF SERVICES AGREEMENT FOR LABORATORY
TESTING BETWEEN HEALTH DEPARTMENT AND LARIMER COUNTY
HEALTH DEPARTMENT AND AUTHORIZE CHAIR TO SIGN: Ms. Nero stated
this agreement provides specific testing for the Larimer County Health
Department, and the agreement is in effect for the period January 1, 1996,
through December 31, 1996. Commissioner Webster moved to approve said
agreement and authorize the Chair to sign. Seconded by Commissioner Hall,
the motion carried unanimously.
CONSIDER CONTRACT FOR IMMUNIZATION PROGRAM BETWEEN
HEALTH DEPARTMENT AND COLORADO DEPARTMENT OF PUBLIC
HEALTH AND ENVIRONMENT AND AUTHORIZE CHAIR TO SIGN: Ms. Nero
stated the total immunization contract has been reduced by $68,337.00 from
last year's contract. It provides immunizations for children aged birth to two
years. To accommodate the decrease, the number of activities will be restricted
and will only be addressed as funding permits. Commissioner Harbert
Minutes, February 14, 1996 960182
Page 3 BC0016
• •
questioned whether the Children's Clinic would still receive funding, however,
Mr. Warden stated it would not since Congress did cut back on the funding.
Commissioner Hall moved to approve said contract and authorize the Chair to
sign. Seconded by Commissioner Harbert, the motion carried unanimously.
CONSIDER CHANGE ORDER LETTER NO. 1 FOR CANCER PREVENTION
AND CONTROL PROGRAM BETWEEN HEALTH DEPARTMENT AND
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT,
PREVENTION DIVISION, AND AUTHORIZE CHAIR TO SIGN: Ms. Nero said
the amount of this contract is reduced $8,105.00, to a funding level of
$10,366.00 for the period August 1, 1995, through July 15, 1996. She said the
Colorado Department of Public Health and Environment has assured the Health
Department this reduction in funding is temporary and full funding will be
obtained. Commissioner Webster moved to approve said change and authorize
the Chair to sign. Seconded by Commissioner Harbert, the motion carried
unanimously.
CONSIDER APPOINTMENT AND REAPPOINTMENT TO BOARD OF
TRUSTEES FOR NORTH COLORADO MEDICAL CENTER: Chair Pro-Tem
Baxter stated LaRue Mondt is being considered for reappointment and Lori
Briscoe is being considered for appointment to replace Ken Lind on said board.
Both terms expire January 12, 1999. Commissioner Hall so moved, and
Commissioner Webster seconded. The motion carried unanimously.
EMERGENCY ORDINANCE NO. 189, IN MATTER OF AUTHORIZING
ISSUANCE OF COUNTY'S GENERAL OBLIGATION LIBRARY BONDS FOR
BENEFIT OF AND ON BEHALF OF WINDSOR-SEVERANCE LIBRARY
DISTRICT: Mr. Warden announced the tape was near the end. Mr. Barker
stated this is the Windsor/Severance Library Bond issue for the purpose of
purchasing personal and real property. He stated the County issues the Bonds
for, and on behalf of, the Library District; however, it does not create a debt
obligation for the County. He stated this is requested as an Emergency
Ordinance in order to take advantage of volatile municipal bond rates at the
present time. Don Diones, Executive Vice President of Bigelow and Company,
stated his firm is underwriting this issue. He explained a favorable election was
held last fall, with 72 percent in favor of the bond issue. A total of$1,655,000
will be issued with a 20-year payback. The Windsor/Severance Library District
received a "AAA" rating, and the bonds were offered for sale last week. At this
time, approximately 30 are left. Upon approval of this issue, his firm with
complete the sale of those bonds. Responding to Commissioner Webster, Mr.
Diones stated the interest is 5.15 percent. There was no public input offered.
Mr. Barker noted Section 30 of the Ordinance addresses the emergency nature
of said Ordinance. Commissioner Hall moved to approve Ordinance #189 on
an emergency basis. Seconded by Commissioner Webster, the motion carried
unanimously.
PLANNING: CONSIDER RE#1833-MOODY(CONT. FROM 01/31/96) [PLANNER DUNN]:
Gloria Dunn, Department of Planning Services, stated the applicant is present
Minutes, February 14, 1996 960182
Page 4 BC0016
and would like to request another continuance. Bruce Johnson, applicant,
stated he has been swamped with work and has not had the opportunity to give
this matter the required attention. He stated he has met with Planning staff
several times and is looking for a way,to resolve the concerns. He requested
continuance to March 27, 1996. The Commissioners questioned whether he will
be ready to proceed at that time, and Mr. Johnson assured the Board he would
either proceed at that time or drop the request entirely. Commissioner Harbert
moved to continue RE #1833 to March 27, 1996, at 9:00 a.m. Seconded by
Commissioner Webster, the motion carried unanimously.
CONSIDER RE#1840 -WAGNER [PLANNER EASTIN]: Mr. Barker advised
the applicant of his right to request a continuance of this matter with only four
Commissioners present; however, Chris Wagner, applicant, requested the
matter be heard today. Shani Eastin, Department of Planning Services,
presented staffs recommendation for denial based on the loss of prime
farmland for agricultural purposes, which evades the goals of the
Comprehensive Plan, and stated the proposal does not meet the criteria for
achieving orderly and efficient development as required by the Subdivision
Ordinance. Ms. Eastin stated this parcel lies within the Urban Growth
Boundary of the Town of Mead; however, no response was received from the
town. Lot A has two existing accesses and the proposed buyer intends to raise
horses on that parcel, as well as live there. Responding to Commissioner
Harbert, Ms. Eastin stated the proposed buyer intends to have approximately
12 horses, and noted the request is for 25 acres; however, the applicant is
willing to move the western boundary of Lot A west to the boundary of the entire
parcel to reduce problems in accessing that portion of the parcel. Mr. Wagner
stated he grew up on this farm which he now owns with a brother and a sister.
Since both siblings live out of state and he lives on a nearby farm, the house is
not used. He explained they tried renting it for several years; however, that has
not been successful. Mr. Wagner said he does farm 1,400 acres all together,
and he explained the fields are too small on Lot A to be farmed along with his
other land, since he works 55 to 60 acre fields with 12-row equipment instead
of the ten acres Lot A is broken into. Responding to Commissioner Hall, Ms.
Eastin stated Lot A would have to remain less than 34.9 acres with the west line
extended to the edge of property. Mr. Wagner stated it would not exceed 32
acres. Commissioners Baxter and Webster questioned the water supply, since
Mr. Wagner does not intend to sell water rights with the land. Mr. Wagner
explained Lot A has always been planted in small grains, such as barley and
winter wheat, because there is adequate sub-irrigation to support those crops.
He will enter into a contract to rent water to the buyer of Lot A if it is necessary.
Mr. Wagner also explained the slope of the land and the direction of adjacent
irrigation provide tailwater to this parcel. Byron Ford, proposed buyer, stated it
will be three or four years before he can farm this land full time; however, in the
meantime Mr. Wagner has agreed to continue farming it. Eventually he will
plant it in alfalfa or grass, but until then he will have horses fed on hay. In
response to Commissioner Harbert, Mr. Wagner stated he does agree with the
proposed Conditions of Approval and he agrees with the addition of Condition
#3 requiring a contract for lease of water for a period of at least seven years.
Minutes, February 14, 1996 960182
Page 5 BC0016
• f .
Ms. Eastin proposed Condition of Approval #3 to read: "Prior to recording the
plat the applicant shall submit evidence of a seven-year lease agreement for
irrigation water for Lot A to the Department of Planning Services. Said water
shall be sufficient in quantity to irrigate all of Lot A for a full season." Mr. Barker
stated a Condition is not necessary for the change to the west boundary, the
motion for approval can be made with the understanding that the west boundary
be extended. Commissioner Harbert moved to approve RE#1840 with the two
proposed Conditions of Approval, as well as the addition of #3 regarding
evidence of water availability, with the understanding that Lot A shall be
extended to the western boundary of the entire parcel. Seconded by
Commissioner Webster, the motion carried unanimously.
RESOLUTIONS AND
ORDINANCES: The resolutions were presented and signed as listed on the consent agenda.
Ordinance#189 was approved on an emergency basis.
Let the minutes reflect that the above and foregoing actions were attested to
and respectfully submitted by the Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 10:10 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
•,may •.—. •.� FXC:I ism
Barbara J. Kirkmeyer, C air
sr.,� t le to the Board
„GI
` 1.1� � 7 orge, . Baxter, Pr -Tem
L t' o the Board
Dale K. Hall
Aonstance L. Harbert
11 114 PI tgfr g ITT
W. H. Webster
Minutes, February 14, 1996 960182
Page 6 BC0016
•
RECORD OF PROCEEDINGS
MINUTES
BOARD OF SOCIAL SERVICES
WELD COUNTY, COLORADO
FEBRUARY 14, 1996
TAPE #96-05
The Board of County Commissioners of Weld County, Colorado, met in regular
session as the Board of Social Services in full conformity with the laws of the
State of Colorado at the regular place of meeting in the Weld County Centennial
Center, Greeley, Colorado, February14, 1996, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair and on roll call the following
members were present, constituting a quorum of the members thereof:
Commissioner Barbara J. Kirkmeyer, Chair- EXCUSED
Commissioner George E. Baxter, Pro-Tem
Commissioner Dale K. Hall
Commissioner Constance L. Harbert
Commissioner W. H. Webster
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Carol A. Harding
MINUTES: Commissioner Webster moved to approve the minutes of the Board of Social
Services meeting of February 12, 1996, as printed. Commissioner Hall
seconded the motion, and it carried unanimously.
•
WARRANTS: Carol Harding, Finance and Administration, presented the warrants for approval
by the Board in the amount of $488,832.88. Commissioner Hall moved to
approve the warrants as presented by Ms. Harding. Commissioner Harbert
seconded the motion, which carried unanimously.
Let the minutes reflect that the above and foregoing actions were attested to
and respectfully submitted by the Acting Clerk to the Board.
960183
BC0016
0 1
There being no further business, this meeting was adjourned at 10:15 a.m.
BOARD OF COUNTY COMMISSIONERS
/u�G.2G ! WELD COUNTY, COLORADO
•SkSu Fxr`iisFn
Al; eAva
Barbara J. Kirkmeyer, C it
_ CI k to the Board
C • e -.7> A
/, Boa eorge,E! Baxter, Pr -Tem
let o the Board
Dale K. Hall
Constance L. Harbert
Al
W. H. Webster
Social Services Minutes, February 14, 1996 960183
Page 2 BC0016
RECORD OF PROCEEDINGS JAW 5 19961
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 27, 1995
TAPE #95-48
The Board of County Commissioners of Weld County, Colorado, met in regular
session in full conformity with the laws of the State of Colorado at the regular
place of meeting in the Weld County Centennial Center, Greeley, Colorado,
December 27, 1995, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chairman and on roll call the following
members were present, constituting a quorum of the members thereof:
Commissioner Dale K. Hall, Chairman
Commissioner Barbara J. Kirkmeyer, Pro-Tem
Commissioner George E. Baxter
Commissioner Constance L. Harbert- EXCUSED
Commissioner W. H. Webster
Also present:
County Attomey, Bruce T. Barker
Acting Clerk to the Board, Carol A. Harding
Finance and Administration Director, Don Warden
MINUTES: Commissioner Webster moved to approve the minutes of the Board of County
Commissioners meeting of December 20, 1995, as printed. Commissioner
Kirkmeyer seconded the motion, and it carried unanimously.
ADDITIONS: There were no additions to the agenda.
CONSENT AGENDA: Commissioner Baxter moved to approve the consent agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
PUBLIC INPUT: No public input was offered.
952516
BC0016
•
WARRANTS: Don Warden, Director of Finance and Administration, presented the following
warrants for approval by the Board:
General Fund $ 715,810.78
Payroll Fund $ 17,738.02
Handwritten Warrants:
General Fund $ 12,941.70
Payroll Fund $ 1,480,118.43
Commissioner Webster moved to approve the warrants as presented by Mr.
Warden. Commissioner Baxter seconded the motion, which carried unanimously.
BIDS: There were no bids to present.
BUSINESS: CONSIDER 1996 DANCE HALL LICENSE FOR JUNE M. FAUDOA, DBA LA
GARRA: Bruce Barker, County Attorney, stated June Faudoa indicated to him
she has been concerned about kids drinking in the parking lot at various times.
She explained, because of those incidents, she now closes during the evening
hours, except for special events. Responding to Chairman Hall, Mr. Barker
indicated it would be best for the Board to grant the license for the entire year
than to approve it conditional upon certain hours of operation. In that manner,
Ms. Faudoa would be required to use her best judgement about incidents which
may arise. Commissioner Webster moved to approve said dance hall license.
The motion, which was seconded by Commissioner Kirkmeyer, carried
unanimously.
CONSIDER 1996 DANCE HALL LICENSE FOR RAFFERTY'S, INC., DBA
RAFFERTY'S: Commissioner Webster moved to approve said license.
Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
CONSIDER INTERGOVERNMENTAL AGREEMENT CONCERNING
REPLACEMENT OF THE EAST COUNTY LINE ROAD/WELD COUNTY ROAD
1 BRIDGE OVER COAL CREEK WITH THE COUNTY OF BOULDER,
COLORADO, AND AUTHORIZE CHAIRMAN TO SIGN: Mr. Barker explained
• said agreement is in reference to the placement of a bridge over Coal Creek, and
he indicated Boulder County has approved the project. Drew Scheltinga, County
Engineer, stated Boulder County has signed the agreement, and the project has
been bid out, but not awarded. The low bid received was $141,198.00, which is
very close to the estimated $140,000.00. Commissioner Kirkmeyer moved to
approve said agreement and authorize the Chairman to sign. Seconded by
Commissioner Baxter, the motion carried unanimously.
Minutes, December 27, 1995 952516
Page 2 BC0016
CONSIDER SEVEN AGREEMENTS CONCERNING IMPROVEMENTS TO
WELD COUNTY ROAD 19 WITH VARIOUS INDIVIDUALS AND AUTHORIZE
CHAIRMAN TO SIGN: Mr. Barker stated personnel from Western States Land
Services, Inc. have explained this project to the various landowners and they
have secured signed agreements from all seven of the concerned individuals.
He explained the company will also secure Deeds of Dedication from the
landowners after Board approval of the agreements. Commissioner Kirkmeyer
moved to approve said agreements and authorize the Chairman to sign.
Seconded by Commissioner Webster, the motion carried unanimously.
CONSIDER AGREEMENT CONCERNING ' IMPROVEMENTS TO WELD
COUNTY ROAD 7 WITH ESTHER SWINK AND AUTHORIZE CHAIRMAN TO
SIGN: Mr. Barker stated this was handled in the same manner as the preceding
item of business, and the agreement is ready for Board approval. Western
States Land Services, Inc. will then obtain the Deed of Dedication from the
landowner. Commissioner Baxter moved to approve said agreement and
authorize the Chairman to sign. The motion, which was seconded by
Commissioner Webster, carried unanimously.
CONSIDER AGREEMENT AND QUIT CLAIM DEED WITH LYLE'S
CONSTRUCTION COMPANY, INC., AND AUTHORIZE CHAIRMAN TO SIGN:
Mr. Barker stated this is in reference to a building in Fort Lupton, located in the
Union Pacific Railroad right-of-way, which was transferred by Treasurer's Deed
to Weld County on December 16, 1983. The transfer was pursuant to a Tax Sale
Certificate held by Weld County for taxes due on the property from 1977 to 1983.
Mr. Barker explained that, since 1977, Lyle's Construction Company, Inc. has
either occupied the building or leased the building to others. For some reason
Weld County did not realize ownership of the building had transferred and Lyle's
Construction Company was incorrectly exercising control over the building until
Roland Froid of the Assessor's Office discovered the discrepancy in November
1995. In speaking to Lyle Picraux, owner of Lyle's Construction Company, Inc.,
Mr. Barker determined that in November of 1983 Mr. Picraux redeemed the taxes
on two buildings located on the railroad right-of-way. The first building was metal
and the second building was the wood building which is under discussion. Mr.
Picraux paid the sum of$2,929.30, and his understanding was that the amount
was for both buildings. To resolve the problem, Mr. Barker recommends the
most equitable solution would be for Lyle's Construction Company to pay an
additional sum of $2,895.47 which would bring the taxes up to date. In
exchange, the County will transfer ownership to Lyle's Construction Company by
Quit Claim Deed. Commissioner Baxter moved to approve said agreement and
Quit Claim Deed, and to authorize the Chairman to sign the necessary
paperwork. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
Minutes, December 27, 1995 952516
Page 3 BC0016
• •
PLANNING: SECOND READING OF ORDINANCE NO. 147-C, IN MATTER OF
AMENDMENTS TO COMPREHENSIVE PLAN (12/06/95): Commissioner
Kirkmeyer moved to read by title only. The motion, which was seconded by
Commissioner Baxter, carried unanimously. Mr. Barker read the title of
Ordinance No. 147-C into the record. There was no public testimony given.
Commissioner Kirkmeyer moved to approve Ordinance No. 147-C on second
reading. Commissioner Baxter seconded the motion, which carried unanimously.
CONSIDER RE #1833 - MOODY: Gloria Dunn, Department of Planning
Services, stated this is the first Recorded Exemption to be considered under the
new Comprehensive Plan and Subdivision Ordinance. She reviewed the staff
summary, staff recommendation and checklist for the record and indicated staff
is recommending denial of said request. Ms. Dunn noted the parcel lies within
the urban growth boundary area of the Town of Eaton, and a Subdivision
Exemption was staff-approved on December 14, 1995, allowing a boundary
adjustment along the north boundary of this parcel to increase the size of the
Eaton Cemetery. She stated the proposed use for Lot A, which is the site of an
existing equipment shed, is to sell to an individual who currently leases farmland
in the area for agricultural purposes. Lot B would remain as farmland. Ms. Dunn
noted staffs recommendation for denial is based upon the goals set for
preserving prime farm land, maintaining the highest level of agricultural use for
farm land, and prohibiting encroachment on the agricultural activities of a parcel.
Responding to Commissioner Kirkmeyer, Ms. Dunn stated it was the applicant's
choice to have the Subdivision Exemption and Recorded Exemption done in
conjunction with each other, and she explained the original parcel was 86 acres.
With eight acres being subtracted for the Eaton Cemetery boundary adjustment,
which was staff-approved, 78 acres remain in the parcel for which a Recorded
Exemption is being requested. Chairman Hall also questioned whether a
separate parcel is created if the contract to purchase the eight acres, which was
staff-approved, falls through. Discussion ensued concerning this issue, with Ms.
Dunn stating the plat shows only a boundary adjustment, not a separate parcel,
while Mr. Barker agreed with Commissioners Kirkmeyer and Hall that a third
parcel is actually created. Chairman Hall then clarified with Ms. Dunn that staffs
main reason for recommendation for denial is that it creates an additional building
site, as well as the possibility of removing prime farm land on Lot B in the future
for a residential site. Chairman Hall informed the applicant's representative, with
only four Commissioners present and in case of a tie vote, the absent
Commissioner will listen to the tapes of today's meeting and cast the tie-breaking
vote. Bruce Johnson, real estate broker who is representing Mr. Moody, stated
he is aware of the tie-breaking procedure. He then clarified that proposed Lot A
currently has an equipment shed on it and the tenants who are proposing to
purchase Lot A are currently leasing approximately 1,000 acres of farm land in
the area and wish to use Lot A as their home base for storing equipment. They
presently live in houses on other farms under their lease; therefore, they
presently have no need for a house on Lot A. Mr. Johnson also stated a
residence is not planned for Lot B, and the intent is to leave Lot B as farmland.
He discussed the difficulty of doing a boundary adjustment whereby property is
actually being transferred; however, the title company will not process the
transfer because a legal lot has not been created, thereby making it necessary
to do the Subdivision Exemption before the purchase can be completed. He said
Minutes. December 27, 1995 952516
Page 4 BC0016
the contract to purchase has recently been completed, and Mr. Moody is ready
to consummate that deal. He stated there is no deed available, only the plat
shows the line adjustment; therefore, a third lot is not created. Mr. Johnson also
pointed out Lot A is not presently being irrigated because of the shed, and impact
to agriculture is minimal because a farm tenant will be the one purchasing Lot A
for use, and Lot B will still be farmed. Responding to Chairman Hall, Mr. Johnson
explained the reason for the shape of Lot A is the location of the shed, as well as
allowing access along the ditch to proposed Lot A, which will also be for the
benefit of Lot BI. Mr. Johnson reiterated presently there is no need for additional
houses, even though the process does allow two buildable lots. Discussion
ensued regarding the concerns of staff and the Board for the potential of
additional building sites where only one is currently allowed. However, with the
approval and completion of the Subdivision Exemption boundary adjustment, the
remaining 78 acres would be under the minimum lot size, thereby requiring a Use
by Special Review Permit in order for a residence to be built. By approving a
Recorded Exemption, the parcel would no longer fall under the rules for a
minimum lot size since the Recorded Exemption would actually create the two
buildable lots. Discussion centered on whether a condition could be required
restricting future residential sites on Lot B of the requested Recorded Exemption;
however, with Mr. Moody not in attendance to agree to any conditions or future
building restrictions, it was deemed inappropriate to attach conditions at this time.
Mr. Johnson reiterated the intent is not to build any residences, however, he does
agree both Lot A and Lot B would be buildable sites. Commissioner Kirkmeyer
pointed out that Mr. Moody has appeared before this Board a number of times,
always stating his intent is to continue the agricultural use of his properties;
however, he continues to divide off small parcels which he sells, and he keeps
adding buildable lots to what was originally there. Mr. Barker referred to Section
11.5.2 of the Subdivision Ordinance, which identifies the conditions that may be
attached, and he recommended the approach of a Conservation Easement which
could restrict the construction of a residence for a certain number of years, such
as for a ten-year period. He offered the opinion that the Board cannot keep the
owner from building a residence; however, it can restrict the timing. After further
discussion and noting the applicant's response on the questionnaire concerning
building envelopes and Conservation Easements, Commissioner Kirkmeyer
moved to continue this matter to January 10, 1996, at 9:00 a.m. to allow Mr.
Barker to meet with the applicant and his representative to work out the details
of whether this can be approved with some restriction on building sites.
Commissioner Webster seconded the motion, which carried unanimously.
CONSIDER REQUEST FOR RELEASE OF WARRANTY COLLATERAL IN
AMOUNT OF $2731.34 FOR PLEASANT VIEW ACRES MINOR SUBDIVISION,
S #340 - ALVIN GEIST, PRISTINE INV., J/V: Ms. Dunn stated Alvin Geist,
President of Pristine Investments, has requested the release of said collateral.
She noted all improvements have been completed; the Public Works Department
has inspected the improvements, and both Public Works and the County
Attorney's Office recommend release of said collateral. Commissioner Webster
moved to approve said request. Seconded by Commissioner Baxter, the motion
carried unanimously.
Minutes, December 27, 1995 952516
Page 5 BC0016
RESOLUTIONS AND
ORDINANCES: The resolutions were presented and signed as listed on the consent agenda.
Ordinance No. 147-C was approved on second reading; however, it will not be
published since the intent of the Board when this matter was tabled on December
6, 1993, was to deny this revision of the Ordinance because all matters were
being incorporated into the total rewrite of the Comprehensive Plan, Ordinance
No. 147-G.
Let the minutes reflect that the above and foregoing actions were attested to and
respectfully submitted by the Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 10:10 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD3OUNTY, C LO O
4-)c- 414417
CelEST-f.-:}
11 Dal K. Hall, Chairman /
dCounty GI to the Board •
�/v C
(5,4, Barb a J. Kirkmeyer, Tem Q
BY: t',714 Yom( k- I t'W
Deputy Clerkly the Board •
George Baxter
FXC:I ISFr1
Constance L. Harbert
/// fiU &/a 4;
W. H: Webster
Minutes, December 27, 1995 952516
Page 6 BC0016
RECORD OF PROCEEDINGS
MINUTES
BOARD OF SOCIAL SERVICES
WELD COUNTY, COLORADO
DECEMBER 27, 1995
TAPE #95-48
The Board of County Commissioners of Weld County, Colorado, met in regular
session as the Board of Social Services in full conformity with the laws of the
State of Colorado at the regular place of meeting in the Weld County Centennial
Center, Greeley, Colorado, December 27, 1995, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chairman and on roll call the following
members were present, constituting a quorum of the members thereof:
Commissioner Dale K. Hall, Chairman
Commissioner Barbara J. Kirkmeyer, Pro-Tern
Commissioner George E. Baxter
Commissioner Constance L. Harbert- EXCUSED
Commissioner W. H. Webster
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Carol A. Harding
MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of Social
Services meeting of December 20, 1995, as printed. Commissioner Webster
seconded the motion, and it carried unanimously.
WARRANTS: Carol Harding, Finance and Administration, presented the warrants for approval
by the Board in the amount of $22,854.95. Commissioner Baxter moved to
approve the warrants as presented by Ms. Harding. Commissioner Webster
seconded the motion, which carried unanimously.
Let the minutes reflect that the above and foregoing actions were attested to and
respectfully submitted by the Acting Clerk to the Board.
952516
BC0016
There being no further business, this meeting was adjoumed at 10:15 a.m.
BOARD OF COUNTY COMMISSIONERS
LD COUNTY DO
A a t (
J.'•`' r Dale K. Hall, Chairman
r
`rreeld" unty Clerk to the Board
,` garbar J. Kirkmeyer, Pr -Tem (�
Deputy. erl(b the Board � �,
George ?Baxter
FXClIsm
Constance L. Harbert
I) /V) _LW
W. H. Webster " (
Minutes, December 27, 1995 952516
Page 2 BC0016
RE: ORDINANCE NO. 173-C
PAGE 65
The Board shall hold a public hearing to consider the recorded exemption
application and to take final action thereon, if the planner has determined the
application has not met the standards of Section 11.4.2.1 through 11.4.2.6. The
Board's decision shall consider the recommendation of the planner, referral agency
responses, the application case file, and facts presented at the public hearing. The
Board shall approve the recorded exemption application unless it finds the
applicant has not met one or more of the standards of Section 11.5.1 through
11.5.6. The applicant shall demonstrate:
11.5.1.1 Conformance with the Weld County Comprehensive Plan Urban
Growth Boundary Policies and Goals and an adopted
intergovemmental agreement(s) when the recorded exemption
application is located within a specified Intergovernmental boundary
area(s).
11.5.1.2 Compatibility with the existing surrounding land uses.
11.5.1.3 Consistency with the intent of the district the recorded exemption is
located within as expressed in the Weld County Zoning Ordinance.
11.5.1.4 Consistency with the purpose of Section 1.3 of this Ordinance.
11.5.1.5 Compliance with the recorded exemption standards set forth in
Section 11.8 of this Ordinance.
11.5.1.6 Adequate provision for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and the County.
11.5.2 The approval by the Board of County Commissioners may be conditioned or
restricted to carry out the intent of Section 1.3 of this Ordinance and include, but
not limited to, designation of building envelopes, creation of conservation
easements or other legal mechanisms to encourage agricultural uses of the parcels
and to maintain irrigation water for the parcels, and the utilization of existing
housing stock. Conditions of approval shall be met prior to recording the plat and
restrictions may be enforced by means of notes on the plat.
11.6 Recorded Exemption Resolution
11.6.1 A resolution setting forth the decision of the Board shall be drafted and signed. A
record of such action and a copy of the resolution will be kept in the files of the
Clerk to the Board. The Board shall also authorize the Chairman to sign the plat
required in Section 11.7 of this Ordinance.
11.7 Recorded Exemption Plat
952050
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RE: ORDINANCE NO. 173-C
PAGE 69
11.7.1.12.5 Easement Certificate example:
This certificate shall be used when any easement crosses any of the proposed lots
of the Recorded Exemption. The plat shall also identify the benefitted lot and
purpose of the easement.
I (we) do hereby dedicate,for the benefit of the property(ies)shown or described hereon,
easements for the purposes shown or described hereon.
(Signature) (Signature)
ill) Recorded Exemption Standards — A recorded exemption application shall comply with all
of the following standards:
11.8.1 The water supply for both lots as proposed by the recorded exemption application
is adequate in terms of quality, quantity, and dependability.
1t8.2 An adequate sewer service is available to serve the uses permitted on both
proposed lots. The sewer service shall comply with the requirements of the
applicable zone district and the Weld County Health Department.
11.8.3 An adequate legal access exists for both proposed lots to a public road. All
accesses shall be in accordance with Section 3 of the "Weld County Public Works
Policies", Ordinance No. 180, as amended.
11.8.4 The proposed recorded exemption will comply with the Weld County Zoning
Ordinance, Section 50, Overlay District Regulations.
11.8.5 The minimum size of any lot proposed is not less than one (1) acre, except where
smaller lot sizes are allowed in the zone district or where exempted by the Board
of County Commissioners.
11.8.6 The decision to approve a recorded exemption may be conditioned to mitigate
impacts or address concems of referral agencies. Existing or future public rights-
of-way shall be dedicated or reserved in conformance with the Weld County
Comprehensive Plan and any adopted intergovernmental agreements, or master
plans of affected municipalities.
11.8.7 The recorded exemption application shall include the total contiguous land
ownership, except in the A (Agricultural) district. In the A (Agricultural) district
when a contiguous ownership equals at least twice the minimum lot size (160
acres), a portion of the lot equal to the minimum lot size (80 acres) may be used
in the recorded exemption application.
952050
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RE: ORDINANCE NO. 173-C
PAGE 70
11.8.8 The proposed recorded exemption is not part of an approved recorded exemption
within the last ten (10) years.
11.6.9 The proposed recorded exemption is not part of an approved subdivision or
recorded subdivision plat or unincorporated community legally filed prior to adoption
of any regulations controlling subdivisions.
11.8.10 The proposed recorded exemption does not evade the statement of purpose as set
forth in section 1.3 of this Ordinance.
11.9 Recorded exemption correction
11.9.1 The Board or planner may approve a correction to a recorded exemption. The
correction shall only address technical errors where such correction is consistent
with the approved plat and application.
11.10 Amendments
11.10.1 Any change to a previously approved recorded exemption which is not a correction
as defined in Section 11.9 of this Ordinance, shall be processed as a new recorded
exemption, if eligible.
BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence,
clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such
decision shall not affect the validity of the remaining portions hereof. The Board of County
Commissioners hereby declares that it would have enacted this Ordinance in each and every
section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that
any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be
declared to be unconstitutional or invalid.
BE IT FURTHER ORDAINED by the Board this Ordinance shall become effective in
accordance with the terms of Article III, §3-14(2) of the Weld County Home Rule Charter, except that
the provisions of sec.11.8.8 shall not be applied to prohibit the approval within ten years (10) but no
less than (5)five years of one additional application for a recorded exemption on a parcel which has
been a part of a recorded exemption which was approved or had an application pending as of
October 25, 1995.
952050
ORD173
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