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Home My WebLink About972841.tiff6trig "Pc. COLORADO DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Southgate Inc. Case Number: RE -2067 Planner Shani L. Eastin Legal Description: The S% of Section 22, T4N, R66W of the 6th P.M., Weld County, CO Parcel Identification Number: 1057-22-000005 Larger Lot Size: 52 acres Smaller Lot Size: 1.2896 acres Water Source: well Sewer Source: septic' Meets Criteria Yes No X X X X X X Criteria Checklist 1. Conformance with the Weld County Comprehensive Plan and any adopted municipal plan. 2. Compatible with the existing surrounding land uses. 3. Consistent with the intent of the zone district. 4. Consistent with efficient and orderly development. 5. Complies with Recorded Exemption standards in Section 11.8 of the Weld County Subdivision Ordinance. 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Department of Planning Services has determined through the review, that the standards of Section 11.4.2.1 through 11.4.2.6 of the Weld County Subdivision Ordinance have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of the County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2. Prior to recording the plat, the applicant shall: A. 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. B. All accesses shall be clearly shown on the plat. • C. An Individual Sewage Disposal Sytem Evaluation was conducted by the Weld County Health Deparmtent on July 24, 1997. The metal lid on the septic tank does not meet Weld County regulations. The metal Gd must be replaced with a concrete lid. The applicant shall provide evidence that the lid has been replaced and approved by the Weld County Health Department. D. The following note shall be placed on the plat: Future development may necessitate a larger Lot A than what is displayed on the plat. In addition, a larger lot A would provide additional dilution and attenuation of sewage wastes which may be beneficial to the environment. E. The applicant shall submit a proposed building envelope on Lot B to the Department of Planning Services for review. After approval by the Department of Planning Services, the proposed building envelope shall be delineated on the plat. By 3. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 11.7 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty (60) days from the date of approval by the Department of Planning Services. The applicant shall be responsible for paying the recording fees. ner Date August 21. 1997 vim.=-.% _ - WELD COUNTY, C ORADO O DEPARTMENT OF PINNING SERVICES 1400 N.11TH AVENUE GREELEY,CO 80631 (970) 353.6100 EXT. 3540 • FAX (970) 352-6312 DATE t/ ii 19 C ECEIPT N0: - 01 a49 9 RECEIVED FROM . I O k1 ) I c o 1 A L9 I ` ` IC , NO.. TYPE FEES 4221 -RUSE 4221 . ZPMHIMHZPIZPAD 4221- USR 4221 - SITE PLAN REVIEW 4221-COZ 4221-PUO 4221 - SUBDIVISION 4221 - BOA 4221 - MINOR SUB 4221 - FHDPIGHDP 4221.REPLAT -__ _ r65E0-RECORDING FEE_ =� 1 I 1 I 4430 - MAPS/PUBLICATIONS 4730 - INVESTIGATION FEE 4430 - POSTAGE/HANDLING J =fi%r. l ❑ CASH CHECK NO. r 9 TOTAL `` -f i .` BY - �-0�p7AE�A�''� WHITE - CUST CANARY . FINANCE COPY TELEPHONE ❑ NAME: (-7 % ADDRESS: WELD COUNTY D ARTMENT OF PLANNING SERVICES/BU ING INSPECTION CITIZEN INQUIRY FORM 0 N. 17TH AVENUE, GREELEY, CO 806 1 PHONE: (970) 353-6100 EXT. 3540 FAX: (970) 352-6312 OFFICE FIRST INQUIRY? ❑ YES C0/ NO DATE: 2)- /a -9 1-1 ,,,DA_P yyruce t 1 1 PHONE: TYPE OF INQUIRY: ❑ MHZP ❑ ZPMH ❑ RE ❑ AMENDED RE ❑ SE ❑ AMENDED SE ❑ SITE PLAN REVIEW ❑ REZONING ❑ PUD SKETCH PLAN ❑ PUD DISTRICT ❑ PUD FINAL PLAT PERSONNEL .-Lrehani Eastin ❑ Scott Ballstadt ❑ David Sprague ❑ Dennis Renley ❑ SKETCH PLAN ❑ PRELIMINARY PLAN ❑ FINAL PLAT ❑ RESUBDIVISION ❑ FHDP ❑ GHDP ❑ USR ❑ AMENDED USR ❑ USR MINING ❑ USR MAJOR FACILITY ❑ USR DISPOSAL SITE ❑ Gloria Dunn ❑ Todd Hodges ❑ Kern Keithley ❑ Ed Stoner ❑ Johnny Roberts ❑ Jeff Reif ❑ Monica Daniels -Mika ❑ ❑ MINOR SUB SKETCH PLAN ❑ MINOR SUB FINAL PLAT ❑ ZONING ❑ ADDRESSING ❑ BUILDING PERMIT ❑ SETBACKS/OFFSETS ❑ HOME OCCUPATION ❑ VIOLATION ❑ OTHER LI ❑ Julie Chester ❑ Roger Vigil ❑ George Carroll ITEMS DISCUSSED: c)51 f t n Lc-; rn / t_n n , , OLuit l net) �. l/ 2./ Lt& R i >h/ ec. 341 1 */,Aat g2i -Liza hC g9in /_/Wt JAitt Time Spent 1 vcYrL Staff Membei'slnitials citizen From: SHEBLE MCCONNELLOGUE (VICKY HAMILTON) To: SEASTIN Date: 9/22/97 11:09am Subject: SOUTHGATE, INC THE CONDITION FOR SOUTHGATE, INC. CONCERNING THE SEPTIC TANK LID BEING REPLACED HAS MET OUR DEPARTMENTS CRITERIA FOR APPROVAL. r • From: SHEBLE MCCONNELLOGUE (VICKY HAMILTON) To: SEASTIN Date: 9/11/97 9:17am Subject: SOUTHGATE, INC I SPOKE TO GLENN DROEGEMILLER, THE LAWYER HANDLING RE -2067 ON SEPTEMBER 11, 1997. HE STATED THAT THE METAL LID FOR THE SEPTIC TANK LOCATED AT 15529 WCR 42 HAS BEEN REPLACED WITH A CONCRETE LID. HE IS FAXING ME THE BILL FROM THE CONTRACTER WHO REPLACED IT. THANKS. GLEN DROEGEMUELLER, P.C. ATTORNEY AT LAW 822 SEVENTH STREET • SUITE 350 • GREELEY, COLORADO 80631 • (970) 353-9599 • FAX (970) 353-9597 July 24, 1997 Shari L. Eastin Department of Planning Services Weld County Administrative Offices 1400 North 17th Avenue Greeley, Colorado 80631 RE: RE -2067 a Request for Recorded Exemption by Southgate, Inc. Dear Shani: Accompanying this cover letter please find a photocopy of the registration of an existing well and field inspection report for the domestic water well that services the residential home located on Lot A of the proposed Recorded Exemption. The original registration and field inspection report were sent to the office of the State Engineer of Colorado today. As soon I receive the registration back from the State, I will forward a photocopy of it to you. The purpose of this letter is to demonstrate that the registration request has been submitted. Sincerely yours, aQ,dL Glen Droegemueller GD/al Enclosure WeI.d Count," r� 'dill"i Jr:4A . �rf JUL 2 8 1997 F snumoscouseraellle - =, t:ws � 10/89 OFFICECFtE STATE ENGINEER. atatle .- 4)rnr tfl. aao !0203 AlaMir .23331 003,41664931 MR. tIVsr ucuceissaa REVERSE SIDE REGISTRATION OF. EXISTING WELL 1. WFJL OWNER NAME(S) Southgate, Inc MadingackWen 1725 Circle Drive City, SL 21p Aberdeen, OH 45101 Phone( 937 ) 795-2361 Receipt No. 2. WELL LOCATION: COUNTY Weld OWNERS WEIL DESIGNATION 15529 Weld County Road 42 LaSalle CO 80645 (A4 SW 1/4 dine SE 1/4, Sec 22 Twp. 6 X N. or ❑ (Q4) S., Range 66 (Stine) ❑ E. or fl alp) W 6th PM. Distances from Section Imes 60 Ft from ❑ N. ar r S. Line, 2418 Ft. from lit E. or ❑ W. Line. 3. The well has hi<mtvally been used for the following pmpose(s): Domestic Residential 4. Water from the well was first used beneficially by the original owner for the above described purpose(s) on Early 1920'4• 5. The total depth of this well is 60 feet. . 6. The pumping rate is 15 gallons per minute 7. The average annual amount of water diverted is 1 acre feet & The land area of home lawn and garden litigated from this well is: 3000 ❑ Arne or II Square feet, climbed decried as: 15529 Weld County Road y2 La Sallg. Colorado 80645 _ or as �Subdivision Lots) Block Filing/Unit I (we) have read the statements made herein, !mow the contents thereof; and state that they are true to my (our) knowledge. [Pursuant to Section 24-4-104 (13)(a) CRS., the making of false statements herein constitutes perjury in the second degree and is punishable as a Class 1 misdemeanor.] 9. Name/Title (Please type or prim) ovI117a-f c, 2htc . - 'Tan LC- A/BPS Jr Signature j 4" i 2i y!Z/ ��r Date 7/24/97 FOR OFFICE USE ONLY State �a� By Date rn,.rr...Un n:.. r_ ..m n____ ..n „_ .6OI.43RADD1(D NCRIN UR(:E.S�7 Pleasecon>pretatform in :MK DIV WD Z no(s)- DA Z - _... _ 'P'io - 3n { 159 7 APMICANT•----S,0TI4.4? jN - - - sa,cont d rna ,t41— _ &deCoG#11)61-Ler2 ADORES& I) ZS - W Lswme&p ones -?n, • SctA.Jrz AeD ,J / BtE 4%-oj 4?D -3C3 -- del z phone: _. _737 -795 -7311 EOSIINGJNELLLOCADObt 'SLU 1/Y, 5C 114, Seas Z1 , TYm- 4 A) ,A /4, 14) ,_PA ; VIE hamNt9seclrne, Z'1IB Wsecfne; County. Ate - A (inapt. give (Est & dv'lonewaveltsite — circle type deastingwee: 171/WWE LL, SPRINGL, GALLERY WELL, GRAVEL PIT, OTHER / -- / use? L -4I ts4RM J teeltdRTC- J hownrarydherwrBs we located as thisparrcel2 we they registered? permit/case #(s)? /IbT EST DATE WELL COMMIE'S.) I9Z SDATEOFFIRSTUSE64gb( ZO5 EST. PUMPING RATE /C gpm TOTAL # OF ACRES IN THIS TRACT/PARCEL /1 d ! ACRES addtiohai subd/parrs/ ido_ /6-6-2 9 / 47 M6A LLe-e Co ib 4 USE OF WELL: hoes holdase-in fat1cate howmany) ;;;;—sirglelanu&y.dwelling(s) watering of poultry and/or domestic animals (`domestic animals' world include a few cows, horses, eta) -'— Waterirrg.aflrvestorlrama fans orranch--epprmr lrow.mary.head? 4 Z is this a feed lot? ; how awry head? I (itsi ponanttospeca7yestimatod Itistodcia vrdgarrlem int) kr. • • a f--, - Qlawn and/or -garden fire proeection cony ndai—dnrlangd•san. on ?-(wnkede t Ssm-'arrmentc section) other (write details in 'comments' section) m no WERE THE USES CHECKED ABOVE INITIATED PRIOR TO MAY 8, 1972? NOTE: F ANY CHANGE IN THE HISTORIC USE OF THIS WELL HAS OCCURRED SINCE MAY 8. 1972, please indicate the dates) the use changed and discuss this change/and/or mansion of the cunesu/or proposed use in the 'comments' section d this form (if completing inspection hr NON-EXEMPT USES, use comments section below (include case #, # aces irr. if applicable, etc.)) signed : dated: 7 /il 97 additional comments and/or information: inr get t5 + T7o.-./ £3P 4"/ 6963 Zn/C Iota more room for comments on the back ft• SLE/tp Otttri IliDe COLORADO July 14, 1997 Southgate, Inc. John Alles 1725 Circle Drive Aberdeen, OH 45101 DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1400 N. 17th Avenue Greeley, CO 80631 Phone (970) 353-66100, Ext. 3540 Fax (970) 352-6312 Subject: RE -2067 -A request for a Recorded Exemption for a parcel of land described as the S2 of Section 22, T4N, R66W of the 6th P.M., Weld County, Colorado. Dear Mr. Alles: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of the Weld County Subdivision Ordinance, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria, you will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Gilcrest and La Salle Planning Commission for its review and comments. It is recommended that you and/or a representative be in attendance at the Gilcrest and La Salle Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Linda Symington with the Town of Gilcrest, at 970- 737-2426, and Joan Heckman with the Town of La Salle, at 970-284-6931, for further details regarding the date, time, and place of this meeting. . If you have any questions concerning this matter, please call me. incerely, ni L. Eastin rrent Planner pc: Glen Droegemueller 822 7th Street, Ste. 350 Greeley, CO 80631 Recorded Fxemption Fie Case Number Applicant Legal Description Location? N E S W N F S d Check inspection date. 4 rp ire G fuAa L > i' Stc n , G Wire,J W atuinyrrn t ' 1(blia Comments AL IccC_ /6X i,-79:), mac, O-1-zZ_. ani L. Eastin urrent PI ner 1L • • APPLICATION FLO W!SHEET CASE # RE -2067 APPLICANT: Southgate, Inc. REQUEST: Recorded Exemption LEGAL: The S2 of Section 22, T4N, R66W of the 6th P.M., Weld County, Colorado LOCATION: North of and adj. To WCR 42; Approx. 1/4 mile east of State Highway 85 PARCEL NUMBER: 1057-22-000005 Date By Application Received July 9, 1997 Shani L. Eastin Application Completed July 9, 1997 Shani L. Eastin Referrals listed July 14, 1997 Shani L. Eastin File assembled 'I-- I4-91 Letter to applicant mailed 1-)4-q'i , yra Vicinity map prepared Referrals mailed I - H-1-91 n ' n ( WI J 47 Chaindexed Chaindexed 1 - I , ( - I r \ Field check by DPS staff R- 11- Cl n Administrative Review decision: I k-.)-1- ng SLC- History card completed �QQ� � g-a,-cj'/ �JfD Date By COMMISSIONER HEARING DATE Surrounding property owners notified Air photo and maps prepared CC action: CC resolution received History card completed Recorded on maps and filed Overlay Districts Zoning Airport es No Geologic Yes No Flood Hazard Yes No PARTMENT OF PLANNING SERVICE Weld County Ad trative Offices, 1400 N. 17th Avenue, Gr y, Colorado 80631 Phone (970) 353-6100, Ext. 3540 - Fax # (970) 353-6312 APPLICATION FOR RECORDED EXEMPTION �j Application Fee bReceipt Number 011 Case Number C- ?10(9'1 Recording Fee eceipt Number Zoning District Application Checked By C,/ Planner Assigned to Case OtZ6typets 4; 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. The S. 4- of Section 22, Township Legal Description: 4 N. , Range 66 W of the 6th Total Acreage: 53.2896 ZoningAgricultural P.M. Parcel Number: 1 0 5 7 2 2 0 0 0 0 0 _ (12 digit number - found on Tax I.D. Information or obtained at the Assessor's Office). Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No x Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes X No Does the parcel of land under consideration lie in any of the following Overlay Districts? Flood Hazard: Yes _ No X ; Airport: Yes _ No X ' Geological Hazard: Yes No X FEE OWNERS OF PROPERTY Name: Southgate, Inc. Address: 1725 Circle Drive (937) (937) Home Phone* 795-2361 Work Phone* 795-2361 City/State/Zip Code Aberdeen, OH 45101 Applicant or Authorized Agent: Glen Droegemueller Phone # 353-9599 Address: 822 7th St. , Ste. 350 City/State/Zip Code Greeley, CO 80631 L' Name: Home Phone # Address: City/State/Zip Code Work Phone ft Larger Parcel Smaller Parcel Smaller Parcel Applicable only for 3 -lot Recorded Exemption Water Source Irrigation Well Domestic Well Type of Sewer None Septic Tank Proposed Use Agricultural Residential Acreage 52 1.2896 Existing Dwellings Yes or No No Yes Existing Dwellings Address (if applicable): Larger Parcel None Oi&ffikkilaigiffnlY Planning Deptaller Parcel 15529 WCR 42, LaSalle. CO 80645 Smaller Parcel (applicable only for 3 -lot Recorded Exemption) I hereby state that all statements, pr9tiElp,pr1gr submitted with this application are true and correct to the best of my knowledge. Rev: 1-27-97 ature: Owner or A : orized Agent 5 RECORDED EXEMPTION CRITERIA CHECKLIST Staff Use 1. What is the SCS soil classification �ifor this site? -puti- l l 2 ( _AAA_ LG1G1.tj 11 itj Yes No N/A 2. Will the proposed configuration of the site make future farming practices 2. Lot A 0 ❑ less efficient? 11.3 Lot B ❑ --a- 0 3. Will either of the lots be used for agricultural production? 11.3 3. LotA 0 2- ❑ Lot B a.— 0 0 4. Is the applicant willing to place a conservation easement or some other 4. Lot A o .e' o mechanism on the property to maintain farm production or open space? 11,3 Lot B o 5. Does the application meet the Weld County Public Works Access requirements 5. Lot A _a ❑ ❑ as cited in Ordinance 180? 11.3.13.4 Lot B a- 0 ❑ 6. Will the site utilize existing housing? 11.3.6 6. Lot A .J2-- ❑ ❑ Lot B ❑ .y, ❑ 7. Will the applicant designate a building envelope on either lot? 11.3,8 7. Lot A ❑ -C ❑ Lot B ❑ ❑ 8. Is the in-house use water supply sufficient in terms of quality, quantity and 8. Lot A -a' a ❑ dependability? 11.3.4 Lot B - o ❑ 9. Is water available to irrigate the site for crops, lawns, gardens, and adequate 9. Lot A .a- ❑ ❑ for the maximum number of animal units allowed by right or Special Review Lot B .-a ❑ ❑ permit. 11.3.4 10. Has irrigation water been removed from the site? If so, when 10. Lot A ❑ ❑ ❑ 11.3:4 L/1_2- Lot B ❑ ❑ ❑ Is the proposed land division consistent with current or future land use patterns? 11. y ❑ ❑ 11.3.9/11.310/11.3.11' This application does not create lots which would make further land divisions 12. ,.a" ❑ ❑ possible 11.3.9111.3.10/11.3.11 Neither of the parcels related to this application are part of a previously 13. Lot A ❑ —0- ❑ recorded exemption. 11.8.8 Lot B ❑ -c o How many recorded exemptions are adjacent to this parcel or Section ? When were they created? itt 11.3.9/11.3.10/11.3A1. 15. Are surrounding parcels larger than the minimum lot size? 11.3.10 16. Are there unique physical characteristics on this site? 11.3.13.8 Yes No N/A 15. Jam ❑ 0 16. Lot A ❑ ❑ Lot B 0 a— ❑ • .4 Yes No N/A 17. Is the site in compliance with the zone district regulations and applicable Weld 17. Lot A p- o ❑ County Health Department requirements? 11.3♦5 Lot B ig. o o Engineered Sewage System(s) Yes No N/A 18. Does this request comply with the Weld County Comprehensive Plan or 18. Comp Plante o ❑ applicable Intergovernmental Agreements 11.19 IGA ❑ ❑ _ac IGA 19. What is the proposed use of the site? Lot A d en -1-w( E Lot B pelts pvseizz Zt0 im 20. Did the referral agencies recommend approval of this request? If no, why not? 21. What impact, if any, will this land division have on adjacent properties? STAFF USE ONLY -- — -- --- -- Date Received Size of Parcel Legal Description Location APPROVED -BOARD OF COUNTY COMMISSIONERS HEARING: Date STAFF APPROVED: Date 20. Yes No N/A 0 0 • • RESPONSE TO RECORDED EXEMPTION QUESTIONNAIRE FOR RECORDED EXEMPTION APPLICATION ON BEHALF OF SOUTHGATE, INC. This information is being provided for a Recorded Exemption request for property located in the South half of Section 22, Township 4 North, Range 66 West of the 6th P.M. County of Weld, State of Colorado. (1). The domestic water supply to service Lot A of the proposed Recorded Exemption is provided by a domestic well for which the pumping rate is estimated to be 15 gallons per minute, which has been continuously used since the early 1920's. The applicant has not filed an application for registration with the State of Colorado, but will do so if required by Weld County. The irrigation water for Lot B of the proposed Recorded Exemption is provided by one adjudicated irrigation well, known as Idles well No. 1-10482 which was registered in Case No. W4684 in Division 1 of the State Water Court of Colorado as that ruling was affirmed on July 26, 1974 (a copy of which is being submitted with this application). (2). Lot A of the proposed Recorded Exemption is served by a septic tank which is adjacent to the residential home located on that lot. Lot B of the proposed Recorded Exemption would not require any septic tank at this time because it is proposed that Lot B would be used for agricultural purposes. It is believed by the applicant that the septic tank was built in the early 1920's. At the time of this application the septic tank has not been permitted by Weld County but the applicant is proceeding with a permit and inspection and will provide the results of the inspection upon its receipt from the Weld County Health Department. (3). The present use of Lot A of the proposed Recorded Exemption is for residential purposes. There is a single family two bedroom home that is located on Lot A that was built in the early 1920's. On Lot A in addition to the residential building, there is a metal garage which is approximately 20 feet wide and 50 feet long which can be used as a storage facility. There is also an abandoned milk barn which is approximately 15 feet wide and 40 feet long which could also be used for storage purposes. The present use of Lot B of the proposed Recorded Exemption is for agricultural purposes. In 1997 the crop being grown on this property is ensilage corn. The A.S.C.S. soil survey indicates that the entire soil of the property for Lots A and B is identified as Julesburg Sandy Loam, 1-3% slope soil. This soil is ideal for irrigation and this land could be classified as "prime agricultural land" under existing Weld County land use designations. It is not anticipated that the present use of the property will be altered if this Recorded Exemption is approved. Lot A is being created to allow the sale of existing residential improvements and adjacent storage buildings. Lot B will continue to be used for agricultural purposes. (4). The reason for the proposed Recorded Exemption is to allow the applicant to have greater flexibility in the potential sale of the property once these procedures have been completed. Lot A of the proposed Recorded Exemption is being created to offer a site for a rural lifestyle to a purchaser seeking such a site in Weld County. Lot B of the proposed Recorded Exemption is being • • created to be used for agricultural purposes and is a large enough parcel to continue in agricultural production. It is not anticipated by the applicant that the use of Lot B will change. (5). The proposed size of Lot A is 1.2896 acres and will be located in the Southwest corner of the existing property. The proposed size of Lot B is approximately 52 acres and makes up the balance of the ownership of the applicant. It is the applicant's belief that each of these acreages complies with procedural rules for Recorded Exemptions. (6). There are no unique physical characteristics on the site. (7). To the best of the applicants belief all existing structures do meet minimum set back and offset requirements for the agricultural zone district. (8). The applicant is not willing to place a conservation easement on the property to maintain farm production or open space. (9). A building envelope will not be designated on either Lot A or Lot B by the applicant. (10, 11, 12). The applicant believes this proposal is consistent with the Weld County comprehensive plan. Because of the location of the property, the proposed plan will have little or no impact upon any municipality nor will it have any adverse impact on Weld County. No additional residential construction sites will be created as a result of the approval of this Recorded Exemption. This Recorded Exemption will not take "prime agricultural land" out of production. Other than the setting of property pins, it is the applicants believe that the no fundamental change will occur on the property subject to this application. The applicant believes this proposal is consistent with any municipal plan or any other intergovernmental agreement because the applicant is unaware of a municipal plan or any other intergovernmental agreement which affects the property. The applicant also believes that the proposed use will be compatible with existing surrounding land uses because the area is predominantly devoted to agriculture, and the proposed uses do not change the predominant use of the area which remains agricultural. Both Lots A and B are immediately adjacent to the Southgate residential subdivision, but the uses on the north, east, and south properties adjacent to the proposed Recorded Exemption Lots A and B remains agricultural. Account R4410786 N Owner Nameless ■ SOUTHGATE INC CIO JOHN W ALLES 1725 CIRCLE DR ABERDEEN OH 45101 Year 1997 District 0104 Apr Dist St A Parcel Number 105722000005 MH Space Sequence Street No 15529 Dir No# Street Name 42 Type CR Location City 1 ? Location Zip 00000 Acct Type Agricultural Lagt WELD BACode Business Name Map No 1376 Administration 1 Names 2 Situs Address 3 Mobile Home 4 Tract/Section 5 Condominiums 6 Block & Lot 7 Book & Page/Sales 8 Miscellaneous 9 Tax Items 10 Pre/Succeed 11 Remarks 12 Tax Sale 13 Special Assessments 14 Mines Appraisal 1 Realware 2 Personal Property 3 Protest 4 Building Permits 5 Value Tracking 6 Oil & Gas Master 7 Railroads ,k'S 2,06,7 1/<0-t- - MASTER 1 2 3 Twn? Blk/Lot I Condo? 80.153 He? Sales? Legal Description 17162 PT S2 22 4 66 BEG 1188'W OF SE COR W TO UPRR R/W NELY ALG R/W TO N LN SE4 E TO PT 1188'W OF NE COR SE4 S2640' TO BEG EXC 8.5A SOUTHGATE SUB (2R) %15529 WCR 42% Version 19970506000 V. Date 06 -MAY -97 V. Time 07:38 PM ID SQL Appl RWAM Land Actual 46876 Land Assessed 13590 Land AC/SF 106.000 Impry Actual - 56380 Imp Assessed 6550 Square Feet 2985 Exempt Actual 0 Exempt Assess 0 New Version 19970916000 Total Actual 103256 Total Assess 20140 CBOE Protest Current Year Prior Year Next Year Update Prior Version Go To Imaging Next Version View Images Clerk's Doc's Print Images Clear Exit T A X T R x 4 5 A LEGALDATA EQUENC IVERSTART 1 21 19960313000 9999999999 VEREND REFERRAL LIST NAME: Southgate, Inc. CASE NUMBER: RE -2067 REFERRALS SENT: July 14, 1997 REFERRALS TO BE RECEIVED BY: August 4, 1997 COUNTY TOWNS and CITIFS Attorney Ault X Health Department _ Brighton Extension Service _ Berthoud Emergency Management Office _ Dacono Sheriff's Office _ Eaton X Public Works _ Erie Housing Authority _ Evans _ Airport Authority _ Firestone Building Inspection _ Fort Lupton Frederick STATF _ Garden City Division of Water Resources X 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 X La Salle FIRE DISTRICTS _ Lochbuie Ault F-1 _ Longmont Berthoud F-2 _ Mead Briggsdale F-24 Milliken Brighton F-3 _ New Raymer Eaton F-4 _ Northglenn _ Fort Lupton F-5 Nunn Galeton F-6 _ Pierce _ Hudson F-7 _ Platteville Johnstown F-8 Severance X La Salle F-9 _ Thornton Mountain View F-10 _ Windsor Milliken F-11 Nunn F-12 cOt1NTIFS Pawnee F-22 _ Adams _ Platteville F-13 _ Boulder Platte Valley F-14 _ Larimer _ Poudre Valley F-15 Raymer F-2 FEDERAL GOVERNMFNT AGFNCIFS 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 Central Colo. Water Conservancy Dist. Panhandle Eastern Pipe Line Co. _Tri-Area Planning Commission SOIL CONSERVATION DISTRICTS Brighton Fort Collins X Greeley Longmont West Adams COMMISSION/BOARD MEMBER Ile RECEIVED JUL l 5 1997 t(ft lURe COfAAAD0 0 C i9S7 _Weld eld County Referral July 14,1997 The Weld County Department of Planning Services has received the following item for review: Applicant Please Reply By Project Southgate, Inc. August 4, 1997 Recorded Exemption Case Number RE -2067 Planner Shani L. Eastin Legal The 52 of Section 22, T4N, R66W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to Weld County Road 42; approximately 1/4 mile east of State Highway 85. Parcel Number 105722000005 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Current Planner associated with the request. CI We have reviewed the request and find that it does / does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. ▪ See attae 4et+:es co .l1cQrs.: 407- '4'.7 751E /, 28 ACR€ P2cEL 1 8/75AN ex/sr/x.)4 k' T 4 c,rcLE0R/vr fofE,oa"ES5 Comments: ,$o7rr Ac CeS,s Po, r -s ,QRC LACED To .5 -6 -PVC E/THFP 7l'E ,eFSy4Er✓. ; n'14:4:9 ad" Am; /28!2'JOo,JEo /1/ ux gme ii ,. ' g/Nc( U S ro Foe .5-Ta ' <7 u e ., ,LoT25 / /5 467,v& GS ED Fog .I4.R/ 4,r-Tri Kr3C M[.lapoSNS. I./o Roo 1 /o.iaL_ AccE55Ec GR.aeJ7ED To E/76/CZ P/32cEc.. Signature Agency Pud,l��_ t•..)a,oeQA S-5-91 Date *Weld County Planning Dept. ♦1400 N. 17th Ave. Greeley, CO. 80631 4(970) 353-6100 ext.3540 *070)352-6312 tax Road File 4 42. RE: ZO&7 Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department 933 North I Ith Avenue, P.O. Box 758, Greeley, CO 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970) 352-2868 Applicant Name Southgate. Inc. Address 1725 Circle Drive Date: 3 5 - 7 T Phone 937-795-2361 City Aberdeen State OH Zip 45101 Address or location of access Section 22 Township 4 North Range 66 West Subdivision None Block Lot Weld County Road 4 42 Side of Road North Distance from nearest intersection approximately 600 feet 3. Is there an existing access to the property? Yes h No 4 of accesses 4. Proposed Use: 0 Permanent ❑ Temporary ® Residential/Agricultural ❑ Industrial ❑ Commercial ❑ Other ❑ Subdivision •****t*Sire*♦**it t**t*t**t**♦tit t******a*rt*******************.*****.*******.*************t*****taint*** 5. Site Sketch Legend for Access Description: ARG = Argricultural RES = Residential O&G = Oil & Gas D.R. = Ditch Road 5 0O'(kyale OFFICE USE ONLY: /4. zir.it-Road 40. ADT /SS Date it/ 9,:o Accidents /6 Date ys,_ Road US & ADT /4 Soo Date i 94 s Accidents " i a-- Dat/r3's99- 1 -i9Scf Drainage Requirement Culvert Size Length 3-- tS Special Conditions U5E EXt377rJGt RCCe55 PoiA-T6- _ncr ESS ES (yl2.A J t Eb Am AOOtTtptJ4l ******************** it* ***********************************************rtt*************n************* ****** ❑ Installation authorized ❑ Information Insufficient Reviewed By: Tide: 7 8 8 8 8 8 S. S 8 8 8 8 Road File # RE: Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department 933 North I Ith Avenue, P.O. Box 758, Greeley, CO 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970) 352-2868 I . Applicant Name Southgate . Inc . Address 1725 Circle Drive Date: Phone 937-795-2361 City Aberdeen State OH Zip 45101 2. Address or location of access Section 22 Township 4 North Range 66 West Subdivision None Block Lot Weld County Road # 42 Side of Road North Distance from nearest intersection approximately 600 feet 3. Is there an existing access to the property? Yes 4. Proposed Use: ❑ Permanent ❑ Temporary Residential/Agricultural ❑ Subdivision No # of accesses ❑ Industrial ❑ Commercial ❑ Other *fit************4***4***4**4*******4*4****4*4*4*4****5************4****4*44*44****4*4*4****4*5**4*44******* 5. Site Sketch Legend for Access Description: ARG = Argricultural RES = Residential O&G = Oil & Gas D.R. = Ditch Road Cotta it.Do N-tr' i �5 S otlft15ai4; wi �c-tSc(tutS.t,iM Loc.? 42 Lcc.Z 33 UI WPC *************4444*4444******4************************************44*44*454******4*4*4***4*4**4*4*4*4****4*t OFFICE USE ONLY: Road ADT Date Road ADT Date Drainage Requirement Accidents Accidents Date Date Culvert Size Length Special Conditions 4***************************4*5******4*4*4*4*4*4*********4**********4***************4444♦**********4******* ❑ Installation authorized ❑ Information Insufficient Reviewed By: Title: 7 • • Ott Wi�OG COLORADO MEMORANDUM TO: Shani Eastin, W.C. Planning DATE: July 23, 1997 FROM: Sheble McConnelti`rgue, W.C. Health Department CASE NO.: RE -2067 NAME: Southgate, Inc. Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1) A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal Regulations. 2) An Individual Sewage Disposal System Evaluation was conducted on July 24, 1997. The metal lid on the septic tank does not meet Weld County regulations. The metal lid must be replaced with a concrete lid. The proposed acreage for Lot A currently does not meet current Weld County Health Department policy. We would encourage the applicant to increase the acreage of Lot A to 2.5 acres. However, in the event the applicant cannot or chooses not to increase the lot size, please place the following note onto the plat. Note: Future development may necessitate a larger Lot A than what is displayed on the plat. In addition, a larger Lot A would provide additional dilution and attenuation of sewage wastes which may be beneficial to the environment. SM/vh2485 r,uu 1997 or Att4; lURe COLORADO Weld County Planning Dept. • Weld County Referral AIX211997 RECEIVED July 14,1997 The Weld County Department of Planning Services has received the following item for review: Applicant Southgate, Inc. Please Reply By August 4, 1997 Project Recorded Exemption Case Number RE -2067 Planner Shani L Eastin Legal The S2 of Section 22, T4N, R66W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to Weld County Road 42; approximately 1/4 mile east of State Highway 85. Parcel Number 105722000005 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Current Planner associated with the request. We have reviewed the request and find that it does / does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. See attached letter. - Comments: Signature Agency deide5:7 ,2//k/c7 ere,azi 1.1 dl1 6-71.aer Date Weld County Planning Dept. +1400 N. 17th Ave. Greeley, CO. 80631 +(970) 353-6100 ext.3540 +(970) 352-6312 fax WIND COLORADO 1997 uountV PlanninQ DeWeld County Referral JUL 2 8 1997 ED July 14,1997 The Weld County Department of Planning Services has received the following item for review: Applicant Please Reply By Project Legal Location Southgate, Inc. August 4, 1997 Recorded Exemption Case Number RE -2067 I Planner Shani L. Eastin The 52 of Section 22, T4N, R66W of the 6th P.M., Weld County, Colorado. North of and adjacent to Weld County Road 42; approximately 1/4 mile east of State Highway 85. Parcel Number 105722000005 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Current Planner associated with the request. We have reviewed the request and find that it does / does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature Agency n o-1 l/e _7122222_ Date OWeld County Planning Dept 01400 N. 17th Ave. Greeley, CO. 80631 0(970) 353-6100 ext.3540 0(970) 352-6312 fax ■ TOO'd 9L6L* SJ. L6:60 L6/EZ/60 JUL 2 3 1997 Weld County Referral July 14,1997 The weld County Depanment of Planning Services has received the following item for reviowt Applicant Southgate, Inc. Case Number RE -2067 Please Reply Ry August 4, 1997 Planner Shani L. Eastin Project Recorded Exemption Legal The 52 of Section 22, T4N, R66W of the 6th P.M.. Weld County, Colorado. Location North of and adjacent to Weld County Road 42; approximately 1 /4 mile east of State Highway 85. Parcel Number 105722000005 The application is submitted to you for review and. recommendation. Any comments or recommendation you consider relevant to this request would beappreciated. Please reply by the above listed date so that wo may give full consideration to your recommendation. Any response not received before or on this date may be doomed to be a positive response to the Department of Planning Service$. If you have any further questions regarding the application, please call the Current Planner associated with the refe.ost. We have reviewed the request and find that it does / does not comply with out Comprehensive Plan We have reviewed the request and find no conifirxs with our interests. ❑ Son attached letter. Comments! Signature Agency / Snedief �r e Pr o-PPce� 1o.o "2/23/r7 Date *Weld COtxdV Planning Dept *tennis I 7th A.O.. ra..et.y, Cn arv.3t 4.(97n) 353.4100 e,d.3540 440701 352 6312 car[ •• N COLORADO JUL 2 3 1997 Weld County Referral July 14,1997 The Weld County Department of Planning Services has received the following item for review: Applicant Southgate, Inc. Please Reply By August 4, 1997 Project Recorded Exemption Case Number RE -2067 Planner Shani L. Eastin Legal The S2 of Section 22, T4N, R66M/ of the 6th P.M., Weld County, Colorado. Location North of and adjacent to Weld County Road 42; approximately 1/4 mile east of State Highway 85. Parcel Number 105722000005 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Current Planner associated with the request. ❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan Er We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature Agency w.azt b ,6 0 Date +Weld County Planning Dept. +1400 N. 17th Ave. Greeley, CO. 80631 4(970) 353-6100 ext.3540 4(970) 352-6312 fax SOIL SURVEY OF WELD COUNTY, COLORADO, SOUTHERN PART United States Department of Agriculture, Soil Conservation Service. in cooperation with the Colorado Agricultural Experiment Station 12 i1—Bresser sandy loam, 0 to 1 percent slopes. This is a deep, well drained soil on terraces at elevations of 4,700 to 4,800 feet. It formed in alluvium deposited by the South Platte River. Included in mapping are small areas of soils that have sand and gravelly sand in the lower part of the substratum. Typically the surface layer is grayish brown sandy loam about 11 inches thick. The subsoil is brown and yellowish brown sandy clay loam about 19 inches thick. The sub- stratum to a depth of 60 inches is loamy sand. • Permeability and available water capacity are moderate. The effective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion hazard is low. This soil is used almost entirely for irrigated crops. It is suited to all crops commonly grown in the area includ- ing corn, sugar beets, beans, alfalfa, small grain, potatoes, and onions. An example of a suitable cropping system is 3 to 4 years of alfalfa followed by corn, corn for silage, sugar beets, small grain, or beans. Few conservation prac- tices are needed to maintain top yields. All methods of irrigation are suitable, but furrow ir- rigation is the most common. Barnyard manure and com- mercial fertilizer are needed for top yields. Windbreaks and environmental plantings are generally suited to this soil. Soil blowing, the principal hazard in establishing trees and shrubs, can be controlled by cul- tivating only in the tree row and by leaving a strip of vegetation between the rows. Supplemental irrigation may be needed at the time of planting and during dry periods. Trees that are best suited and have good survival are Rocky Mountain juniper, eastern redcedar, ponderosa pine, Siberian elm, Russianolive, and hackberry. The shrubs best suited are skunkbush sumac, lilac, and Siberi- an peashrub. Wildlife is an important secondary use of this soil. Ring-necked pheasant, mourning dove, and many non - game species can be attracted by establishing areas for nesting and escape cover. For pheasants, undisturbed nesting cover is essential and should be included in plans for habitat development, especially in areas of intensive agriculture. This soil has good potential for urban and recreational development. Lawns, shrubs, and trees grow well. The only limiting features are the rapid permeability in the substratum and the resulting hazard of ground water con- tamination from sewage lagoons. Capability class I ir- rigated. 30—Julesburg sandy loam, 1 to 3 percent slopes. This is a deep, well drained soil on terraces at elevations of 4,700 to 4,800 feet. It formed in alluvium deposited by the South Platte River. Included in mapping are some leveled areas and small areas of soils that have a loamy sub- stratum. Typically the surface layer of this Julesburg soil is brown sandy loam about 12 inches thick. The subsoil is brown and pale brown sandy loam about 15 inches thick. The substratum to a depth of 60 inches is loamy sand and sand. Permeability is rapid. Available water capacity is moderate. The effective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion hazard is low. This soil is used almost entirely for irrigated crops. It is suited to all crops commonly grown in the area, includ- ing corn, sugar beets, beans, alfalfa, small grain, potatoes, and onions. An example of a suitable cropping system is 3 to 4 years of alfalfa followed by corn, corn for silage, sugar beets, small grain, or beans. Land leveling, ditch lining, and installing pipelines may be needed for proper water application. All methods of irrigation are suitable, but furrow ir- rigation is the most common. Barnyard manure and com- mercial fertilizer are needed for top yields. Windbreaks and environmental plantings are generally suited to this soil. Soil blowing, the principal hazard in establishing trees and shrubs, can be controlled by cul- tivating only in the tree row and by leaving a strip of vegetation between the rows. Supplemental irrigation may be needed at the time of planting and during dry periods. Trees that are best suited and have good survival are Rocky Mountain juniper, eastern redcedar, ponderosa pine, Siberian elm, Russian -olive, and hackberry. The shrubs best suited are skunkbush sumac, lilac, and Siberi- an peashrub. Wildlife is an important secondary use of this soil. The cropland areas provide favorable habitat for ring-necked pheasant and mourning dove. Many nongame species can be attracted by establishing areas for nesting and escape cover. For pheasants, undisturbed nesting cover is essen- tial and should be included in plans for habitat develop- ment, especially in areas of intensive agriculture. This soil has good potential for urban and recreational development. Lawns, shrubs, and trees grow well. The only limiting feature of this soil is the rapid permeability in the substratum, which causes a hazard of ground water contamination from sewage lagoons. Capability subclass lie irrigated. SOUTHGATE, INC. (ALLES) McRAE 8 SHORT, INC. (/97106 8 8 8 8 888 8 3 8 8 8 S.. • N CERTIFICATE OF CONVEYANCES WELD COUNTY DEPARTMENT OF PLANNING SERVICES STATE OF COLORADO) COUNTY OF WELD ) Order No. WQ41431 The WELD COUNTY TITLE COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972: LEGAL DESCRIPTION: SEE ATTACHED EXHIBIT A CONVEYANCES (If none appear, so state): Book 587 Reception No. 1508710 / Book 846 Reception No. 1767915V Book Reception No. Book Reception No. Book Reception No. Book Reception No. Book Reception No. Book Reception No. Book Reception No. Book Reception No. Book Reception No. Book Reception No. Book Reception No. 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 WELD COUNTY TITLE COMPANY is hereby limited to the fee paid for this Certificate. In Witness Whereof, WELD COUNTY TITLE COMPANY has caused this Certificate to be signed by its proper officer this 2ND day of JUNE , 1997 at 7:00 A.M. WELD COUNTY TITLE COMPANY By: W4, Authorized Signatory s EXHIBIT A That part of the South Half of Section 22, in Township 4 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado, described as follows: Beginning at a point 1188 feet Section 22; thence running along the South line Union Pacific Railroad Company; thence running in a Northeasterly direct Union Pacific Railroad Company to the No said Section; thence running East on the North line of which is distant 1188 feet West from the Quarter of said Section; thence running South 2640 feet, more or EXCEPT all that part of said land lying County of Weld, State of Colorado. distant West of said from the Southeast corner of said Section to the right of way of The ion following the right of way of the rth line of the Southeast Quarter of said Southeast Quarter to a point Northeast corner of said Southeast less, to the Point of Beginning, in Southgate, a subdivision of the Lcs'oot 587 P patented 09110 Ne._1.5O82.1-O._- WARRANTY DEED - CORPORATION $outhg@te Inc.._--.-._......_...__....__....._....._.._.._...........__, - __.°____ duly organized and existing under and by virtue of the laws of the State of Colorado, for and in consid- eration of.. --- Ten other good and valuable considerations and Dollars in hand paid, does hereby sell and convey to , e- Elizabeth Alles 0 of the County of 1- N-eIS(-m In - and State of Colorado, the following real property ----•----••-••-- rt Weld and State of Colorado, IQ situate in the County of — .44, to -wit: All that part of the S 1/2 of Section 22, Township 4 North, Range 66 West of the 6th o . P.M., described as follows: Beginning at a point 1188 feet W. of the SE corner of o o said Section 22; thence W. to the Union Pacific Railroad Company right-of-way; thence 0 o Northeasterly along the right-of-way of the Union Pacific Railroad Company to the N. o line of the SE 1/4 of said Section 22; thence E. to a point which i distant 1188 feet W. from the NE corner of said SE 1/4 of said section; thence S. 2640 feet, more or less, to • cis the point of beginning, excepting therefrom that certain parcel described as follows: .-,o Commencing at the SW corner of said Section 22; thence North 90°00'00" East along the • South lino of said Section 22 a distance of 1,992.43 feet to a point on the easterly right- of-way line of the Union Pacific railroad, said point being the True point of beginning; thence North 41°44'00" East along the Union Pacific Railroad right-of-way a distance of • , 1,509.68 feet; thence South 48°16'00" East 140.00 feet; South 41°44'00" West 140.00 feet; South 46°03'00" East 73.49 feet as measured along the chord of a curve to the - right having a radius of 950.00 feet; South 46°10'00" West 82.59 feet; South 43°51'20" '. East 5.89 feet; South 46°33'20" West 77.44 feet; South 39°30'40" West 60.50 feet; �o South 47°08'00" West 85.71 feet; South 40°13'20" East 17.00 feet; South 48°38'40" West 73.72 feet; South 39°07'40" West 60.95 feet; South 49°46'46" West 79.68 feet; South 35°54'00" East 60.35 feet; South 24°08'00" East 120.35 feet; South 08°02'40" East 120.35 feet; North 90°00'00" West 80.00 feet; South 00°00'00" East 220.00 feet to a r point on the South line of said Section 22; thence North 90°00'00" West along the i-• South line of said Section 22 a distance of 733.85 feet to the True Point of Beginning; o i Containing 53 acres, more or less, Torgeth,er with all water rights and all wells and equipment used for the irrigation of said with all its appurtenances, and warrants the title to the same, subject to (1) 1967 taxes due and payable in 1968, and future assessments of Northern Colorado Water Conservancy District; (2) Rights of way or other easements as granted or reserved es weds, by instruments of record or as now existing on said premises; (3) Any limitations, conditions and exceptions contained in instruments of record which in any way relate to or burden the above bargained premises; (4) That certain Amortization Mortgage hair r Qftthe d7]` l 7Laandr of WWW.iirtcth�7ty Witchita, Ka sas, recorded under 'jf� QVIT.�E5 WHL�EQF sa, corpfra6on 6'aslcAauaeTs orporaf Rahn to be hereunto subscribed by its President, and its corporate sale to be hereunto affixed, and attested by its Secretary this !P -.t .1 day of 5-3 0 saT7'p$.1�' C, ';; R hS�: ccr iocr l�� r� mo %51'G7�= mEly n. ��e.Zit-0 A.D. 19..6.2. 1r,6F`(tngf3Sea..I!14,- i ... "rr . n1r4NFiffh _ N o ..tit... :N S71CTg,A1 COLORADO COUSIT-z OF ss. Secretary , I r ..;i Presid i e I g I c. The foregoing instrument was acknowledged before me this A.D. 1967 by Willard Alles of 11 President, and £1izahetb..Alles *1I: $tG matez Inc.o _ I I ,. ciT• ?. ' At aSS my hand and official seal. ... My c pission Expiresziy boaha:ss'V;; e.pues Jeptember 13, 1971 Y7L i.t-'17 - x /J ^: 1121Vi%n(/'•rZ.,,.......Y1+.�. Notary n , +r .,.... C" 4, 50r✓�� as Secretary of a corporation. C‘: g4,V Recorded at / �pC.�C Cock_L—M SEP ?' i )978 Reception No 17V915 MARLANN FFOERSTFIN Recorder. No L' NV THIS DEED. Made this /6' day of September .19 78, between Elizabeth Alles of the County of Weld Colorado. of the first part. and Southgate, Inc., a Colorado Corporation whose legal address is c/o Willard J. Alles, P.O. Box 5P, Gilcrest, CO 80623 ofthe County of Weld and etateof Colorado, ofthe second part. WITNESSETII. That the said party ofthe first part,for and in consideration ofthe sum of Other Cood and Valuable Considerations and Ten and no/100 DOLLARS. to the paid party of the first part In hand paid by the said part y of the second part, the receipt whereof is hereby confessed and acknowledged, has remised. released. sold. conveyed and QUIT CLAIMED, and by these presents does remise. release.sell.convey and QUIT CLAIM unto the said part y of the second part,itS helm, successors and assigns, forever, all the right. U'k. interest, claim and demand which the said party of the first part ha s in and to the following described lot or parcel of land situate. lying and being in the County of Weld and State of Colorado. to wit: That part of the South Half (S1/2) of Section Twenty-two (22), in Township Four (4) North, Range Sixty-six (66) West of the 6th P.M., County of Weld, State of Colorado, described as follows: Beginning at a point 1188 feet distant West from the Southeast corner of said Section Twenty-two (22); thence running along the South line of said Section to the right of way of The Union Pacific Railroad Company; thence running in a Northeasterly direction following the right of way of the Union Pacific Railroad Company to the North line of the Southeast Quarter (SE1/4) of said Section; thence running East on the North line of said Southeast Quarter (SE1/4) to a point which is distant 1188 feet West from the Northeast corner of said Southeast Quarter (SE1/4) of said Section; thence running South 2640 feet, more or less, to the Point of Beginning, EXCEPT all that part of said land lying in Southgate, a subdivision of the County of Weld, State of Colorado. and state of also known as street and number TO HAVE AND TO HOLD the same. together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever. of the said part y of the first pa rt. elt her in law or egalty. to the only proper use. benefit and behoof of the said party of the second part, its heirs anti assigns forever. IN WITNESS WHEREOF. The said party of the first part has and seal — the day and year first .bows written. J—[/� /� v �Jh -C[ `/ ISEALI a et Al es Signed, Sealed and Delivered in the Presence of STATE OF COLORADO. County of Weld The foregoing instrument was acknowledged before me this 19 78.by Elizabeth Alles. My commission expires hereunto set her hand — __ISEALI ISEALI [SEAL) ry1 day of • 19 g , Witness my hand and official sea. September Notary Public. No.933,QUIT CLAIM OTTO.—Copyright Pptra,.dm.A euldbMoe Co. iubtn stout Si,.., nerves. rnmrW. ii575.5550-14s N IN THE WATER COURT IN AND FOR WATER DIVISION I, STATE OF COLORADO CASE NO. W-4684 1 wtLC. CO. JUN 2 7 1974 LUIS 1:i0 LENDER IN THE MATTER OF THE APPLICATION FOR ) WATER RIGHTS OF ) FINDINGS AND RULING ELIZABETH ALLES ) OF THE REFEREE AND DECREE OF THE WATER COURT IN Weld County ) THIS CLAIM, having been filed with the Water Clerk, Water Division I, on June 27, 1972 and the Referee being fully advised in the premises, does hereby find: All notices required by law of the filing of this application have been fulfilled, and the Referee has jurisdiction of this application. No statement of opposition to said application has been filed, and the time for filing such statement has expired. All matters contained in the application having been reviewed, and testimony having been taken where such testimony is necessary, and such corrections made as are indicated by the evidence presented herein IT IS HEREBY THE RULING OF THE WATER REFEREE: 1. The name and address of the claimant: Elizabeth Alles Route 2, Box 168 LaSalle, Colorado 80645 2. The, name of the structures: Well No. 1-10482 Well No. 2-30069 The legal description of the structures: Well No. 1-10482 is located in the SW: of SE; of Section 22, Township • North, Range 66 West of the 6th P.M., Weld County, Colorado, at a point 107? feet North and 2400 feet West of the SE Corner f said Section 22. Well No. 2-30'.' is located in the SWa of SEa of Section 22, Township 6 Nor.. Range 66 West of the 6th P.M., Weld County, Colorado, at a po 31 feet North and 2052 feet West of the SE Corner of said Sect 7 8 22 Case No. W-4684 Page 2 4. The source of water: Groundwater 5. The date of appropriation: Well No. 1-10482: December 31, 1934 Well No. 2-30069: March 14, 1967 6. The amount of water: Well No. 1-10482: 2.0 cubic feet per second Well No. 2-30069: 0.11 cubic feet per second 7. The use of the water: Well No. 1-10482: Irrigation of 53 acres in SE4 of Section 22, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado. Well No. 2-30069: Domestic. DATED this .27 S0 day of �Ccrzt� THOMAS Water , 1974. R'N, R. eree, Division I THE COURT DOTH FIND: NO PROTEST WAS FILED IN THIS MATTER. THE FOREGOING RULING IS CONFIRMED AND APPROVED, AND IS HEREBY MADE THE JUDGMENT AND DECREE OF THIS COURT. Dates / ---- ao /41 DED'` D C Water Judge, Division 7823 FILEC :n DISTRICT COURT, WATER DIVISION NO. 1, COLORADO N0V 25 P 1 . 3 7 Case No. 86CW158 (W-4684) int' C?.Wh:L(: CCUfr WELD COUNTY COLD. FINDINGS AND RULING OF THE REFEREE AND DECREE OF THE WATER COURT IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF ELIZABETH ALLES, IN WELD COUNTY THIS CHANGE having been filed with the Water Clerk, Water Division 1, on June 6, 1986 and originally filed on June 27, 1972 in Case No. W-4684 and the Referee being fully advised in the premises, does hereby find: All notices required by law of the filing of this application have been fulfilled, and the Referee has jurisdiction of this application. No statement of opposition to said application has been filed, and the time for filing such statement has expired. All matters contained in the application having been reviewed, and testimony having been taken where such testimony is necessary, and such corrections made as are indicated by the evidence presented herein, FINDINGS OF FACT Alles Well Nos. 1-10482 and 2-30069 were incorrectly identified in the original application and all supplemental data as being located in T6N. These wells are in fact located in T4N. IS HEREBY THE RULING OF THE WATER REFEREE: 1. The name and address of the Claimant: Elizabeth Alles PQB 59 Gilcrest, CO 80123. 2. The name of the structure(s): Alles Well No. 1-10482 and Alles Well No. 2-30069. l7tS� ©2- 33F48 86CW158 (W-4684) Alles Page 2 3. The legal description of the structure(s): Alles Wells were decreed in Case No. W-4684 as being in Section 22, T6N, R66W of the 6th PM.. Correct locations are changed herein: Ni,.)/S(A)/SE Alles Well No. 1-10482 is located in the SW1/4 SE1/4 of Section 22, T4N, R66W of the 6th PM, Weld County, at a point 1175 feet N and 2250 feet W of the SE Corner of said Section 22. E/SL/ Alles Well No. 2-30069 is located in the SE1/4 SW1/4 of Section 22, T4N, R66W of the 6th PM, Weld County, at a point 220 feet North and 2700 feet West of the SE` Corner of said Section 22, a/k/a Lot 5, Block 3, Southgate. 4. The source of water: Groundwater. 5. The date of appropriation: Alles Well No. 1-10482: December 31, 1934 and Alles Well No. 2-30069: March 14, 1967. Both as decreed in W-4684 dated August 20, 1974. 6. The amount of water: Alles Well No. 1-10482: 2.0 cubic feet per second; Alles Well No. 2-30069: 0.11 cubic feet per second. 7. The use of the water: Alles Well No. 1-10482: Irrigation of 53 acres in the W1/2 SE1/4 of Section 22. Alles Well No. 2-30069: Domestic for 32 residential lots including irrigation of lawns and gardens and commercial sites, all in I. Southgate Subdivision. 8. This change was made to correct the location of the wells to their actual location. The wells have always operated at this changed location for the purposes decreed herein. No retained jurisdiction is necessary pursuant to CRS 37-92-304(6). 9. In no event shall this ruling and decree be subsequently construed as a plan for augmentation or as having relieved applicant of 1 the need for same, or as in any other manner entitling applicant to pump said (additional) well without regard to the priority system. Dated: Anernaibil ots /9f6 �w.ty iV /-r,Qi4O RAYMO,b≥t S. LIES N Wate Referee Water Division No. 1 X33¶4,'2 86CW158 (W-4684) Alles Page 3 THE COURT FINDS: NO PROTEST WAS FILED IN THIS MATTER. THE FOREGOING RULING IS CONFIRMED AND APPROVED, AND IS HEREBY MADE THE JUDGMENT AND DECREE OF THIS COURT. Dated: DEC 2 4 1986 ROB RT A. 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