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Home My WebLink About981314.tiff F. / ` — m ,, _ 17.,/ 1 „\i„,....:::.__,/ mo Ii7 / yam D o°=_,E as '° maua@ II,// r a39% o ° ;t Y V ''I, c E inc-Oo j�...sii $! 1MI ,04161 a153 4 - Uq 6m1 o a;i; ,.mll? - S p:7618 Lg1aa cj na ° oavc1;LE Em ,N o v w. U U o$°18 v u — p Wcm cm $n c o ,4 : 1i:E : : ;I • $aw 2 '-'o mop° ° ,'•Lv�" , m -t _ Y$oa` 3 o° g hF r •j:ii.. ‘V1• .tom U J J O O c 2 m • jPm5' a g -FNJ �Ub S In �1 N EEE a,°I %a N `N h "�: I g w — �ry1 L •°N Pooh► �!}unoo PI°M €e g E I I E'— •O6'll£t - - - 3..94.4Z.ZON - - - J L 2-m- < a I m Z ev S� 1 v�ul.\a8 �../ I ma' I LL d0 I °«E ° c°. a Y.. -• o m I ow m , Q„ w Cr 3p 8 r Q ` I I 0 .188 6m• a, g O OW U w O *o1 8- 8 1 $o ;u'c`. , u E'o O c 3 __low K n 1 `a'c% oc°,_ oo io O IL. rc Tr n 3 I I i°fW ✓°ET ,' m '' - a m ZF o N 0, So .�mF o mo c°m° o i N ZO N. 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I Li.. g -I I— %g W igi Cr 1 , �: I I ; n -,,g irl .4l'60£l �; - M,$l.11..ZOS I _a_ mJ .00 58 VI I x 1OI o z�UN \� of ao6 8 ° $ e. � se J= U — vs g4, =m44� ..NE —R8CO R E.12 ps 1 hi � ,0 Z 1 1 FI LE CONTAINS OVERSIZED MAP PLEASE SEE ORIGINAL FILE L L/ iiiiiii IIIII IIIIII IIIIII Ilit 1111 1111111 III IIIII liii IIII 2648454 10/22/1998 01:36P Weld County CO 1 of 1 R 6.00 D 0.00 JA Suki Tsukamoto WARRANTY DEED THIS DEED, Made this 21st day of October ,19 98 , between BRUNELLO, LLC, A COLORADO LIMITED LIABILITY COMPANY of the County of Larimer and State of Colorado grantor,and BRUNELLO, LLC, A COLORADO LIMITED LIABILITY COMPANY whose legal address is 2229 Iroquois Drive, Fort Collins, CO 80525 of the County of Larimer and State of Colorado ,grantee: WITNESSETH,That the grantor,for and in consideration of the sum of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION-------------- D.F. DOLLARS,(*********10.00 ), exempt the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld , and State of Colorado, described as follows: South 1/2 of the Southeast 1/4 of Section 17, Township 9 North, Range 67, West of the 6th P.M. , County of Weld, State of Colorado. • also known by street and number as Vacant Land 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 grantee, his heirs and assigns forever. And the grantor,for himself,his heirs and personal representatives,does covenant,grant,bargain and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in 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 as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable posses- sion of the grantee,his heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above. BRUNELLO, LLC, A COLORADOLIMITED LIABILITY COMPANY By: � Y ` Title: By: Title: STATE OF Colorado )ss. COUNTY OF Larimer The foregoing instrument was acknowledged before me this 21st day of October , 19 98 ,by Thomas T. Smith as Manager an. John D. Nelson as Manager - 1YFP,►``�t My Commission expires: 10/02/00 W' e s my hand and offic'• IfeIi *LLC, A COLORADO LIMITED LIABILITY '' �!, !�^ i COMPANY otary Public i I i IV )�� WARRANTY DEED(for Photographic Record) (ASSUMPWD) RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION #2225 - BRUNELLO, LLC, JOHN NELSON/TOM SMITH 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, the Board of County Commissioners, pursuant to its authority under Section 30-28-101(10)(d), C.R.S., as amended, determined at a public 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 #2225, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land", and WHEREAS, the request for Recorded Exemption #2225 was submitted by Brunello, LLC, % John Nelson and Tom Smith, 2229 Iroquois Drive, Fort Collins, CO 80525, for property which is located in part of the S' of SE% of Section 17, Township 9, Range 67 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 45.15 acres and 34.00 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 #2225 submitted by Brunello, LLC be, and hereby is, approved conditional upon the following: 1. A Weld County septic permit is required for the proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (ISDS) regulations. 2. Prior to recording the plat: A. In accordance with Ordinance#180, as amended, Lots A and B shall be granted one joint residential/agricultural access from the section line right- of-way for Weld County Road 104. Said joint access shall be by joint easement located on both lots, clearly shown on the plat and dedicated thereon for the use as shown, using the language in Section 11.7.1.12.5 of the Weld County Subdivision Ordinance. Additionally, Lot A shall be granted one residential/agricultural access from WCR 17 on its north side. No circle drives or additional addresses shall be granted. The applicant shall pay for 25% of the costs of improving the WCR 104 section line right-of-way to the appropriate County standards for an all-weather roadway. 981314 ,44 / RE2225 RE#2225 - BRUNELLO, LLC, % JOHN NELSON/TOM SMITH PAGE 2 B. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Public Works Department to determine if a culvert is necessary at any approved access point. C. The applicant shall provide to the Department of Planning Services, a recorded deed for the property described in the legal description above. D. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the Zone District in which the property is located. 2) Any future structures on site must obtain the appropriate zoning and building permits. 3) Prior to the release of buildings permits on Lots A and B, the applicant shall submit evidence to the Department of Planning Services that the lot has an adequate water supply of sufficient quality, quantity and dependability. 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 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 29th day of July, A.D., 1998. BOARD OF COUNTY COMMISSIONERS WEL COUNTY, COLORADO ATTEST: 'fe,A '�► Q • ' ft'�' * ' Constance L. Harb rt, C air Weld County Clerk to ty() h= .,.r--�: �- '` �q ��j�� ♦ W. H. Webster, ro-Tem BY: :_%/. . A►flia:!. 5,1trk Deputy Clerk to thnl/1 7 EXCUSED DATE OF SIGNING (AYE) George E. Baxter APPR AS TO RM: 4_ k�i/4I%%S, `� all ty tt y EXCUSED DATE OF SIGNING (AYE) Barbara J. Kirkmeyer 981314 RE2225 INVENTORY OF ITEMS FOR CONSIDERATION Applicant Brunello, LLC Case Number RE-2225 Submitted or Prepared Prior to At Hearing Hearing 1 Planning Commission Resolution n/a 2 Staff Comments (2 pages) X 3 Department of Planning Services field check form X 4 Letter to the Applicant Scheduling before the BCC X 5 Letter to Applicant X 6 Recorded Exemption Criteria Checklist(2 pages) X 7 Application (4 pages) X 8 Referral list X 9 West Greeley Soil Conservation District referral received 5/11/98 X 10 Larimer County referral received 5/5/98 X 11 Weld County School District referral received 4/27/98 X 12 Weld County Public Works Dept. referral received 4/30/98 X (3 pages) 13 Weld County Health Department referral received 4/28/98 X 14 8 1/2 X 11 maps submitted by applicant(2 pages) X 15 Certificate of Conveyance (3 pages) X 16 Deed (4 pages) X 17 Private well permits (2 pages) X C\vk wy;Yt�-�- I hereby certify that the 17 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office. Julie A. Chester ❖ Current Planner STATE OF COLORADO ) COUNTY OF WELD ) T SUBSCRIBED and SWORN TO BEFORE ME THIS n( day ofy___ 19 SEAL J 'aCiOri-AAM OTARY PUBLIC MY COMMISSION EXPIRES ! 67007 Staff Comments Good Morning, Julie Chester, Department of Planning Services V) )" r2)43-L-4 ,77i kt.„}pG6/4 This is/Recorded Exemption 2225 for Brunello, LLC ,T of this property is the same as the prev--o„s u ecorde Exemption (RE-2211) pai tment of Planning Services staff has the same-concerns-as--with- us ease. The Department of Planning Services is recommending denial of RE-222 =- = 's s __. _ �•-��_....::may y_i -� C� c, . av-t- applicantsi present today and'I would be glad to address any questions at this time. Aaol`" 11111l DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION COLORADO Conditions of Approval This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of the County. 1 A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2. Prior to recording the plat: A. In accordance with Ordinance Weld County Public Works Ordinance#180, Lots A and B shall be granted one residential/agricultural access from the section line where Weld County Road 104 should be. No circle drives or additional accesses shall be granted. B. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Public Works Department to determine if a culvert is necessary at any approved access point. C. The applicant shall provide to the Department of Planning Services, a recorded deed for the property described in the legal description above. D. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. 2) Any future structures on site must obtain the appropriate zoning and building permits. 3) Prior to the release of building permits on Lots A and B, the applicant shall submit evidence to the Department of Planning Services that the lot has an adequate water supply of sufficient quality, quantity and dependability. 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. By Date July 29, 1998 Julie A. Chester ❖ Current Planner ,_ _, Preliminary „0---H,:,,:, Illik DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION COLORADO , Conditions of Approval 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: VA. In accordance with Ordinance Weld County Public Works Ordinance#180, Lots A and B shall be granted one residential/agricultural access from the section I. e wherp.,Weld County Road 104 should be. o cir.e drives or additional accesses shall be granted. 1 L.f- r— _ "r • 1/B. All approved accesses shall be clearly shown on the plat.i The applicant shall contact the Weld Coun ' Publicor Works Department to determine if a culvert is necessary at any approved access point. n C. The applicant shall provide to the Department of Planning Services, a recorded deed for the property described in the legal description above. D. The following notes shall be placed on the plat: ✓1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. 1/2) Any future structures on site must obtain the appropriate zoning and building permits. ✓3) Prior to the release of building permits on Lots A and B, the applicant shall submit evidence to the Department of Planning Services that the lot has an adequate water supply of sufficient quality, quantity and dependability. 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 D artment of Planning Services. The applicant shall be responsible for paying the recording fees. - - — Aettilt-Lf1 iThi\ai 1,-6T-A ,.... By Date Jul 29. 1998ii' co- b) . � 1 0 P b Julie A. Chester •'• Curren tanner � W 07/15/98 13:33 FAX 0 002 arft; Preliminary T DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION COLORADO ADMINISTRATIVE REVIEW Applicant Brunello, LLC Case Number RE-2225 I Planner. Julie Chester Legal Description: S2/SE4 of Section 17, T9N, R67W of the 6th P.M_, Weld County, CO. Parcel Identification Number: 0453170000040 Lot C Size: n/a Lot B Size: 45.15+/_acres Lot A Size: 34.00+/-acre s Water Source: Private wellMOW Sewer Source: Septic Meets Criteria Criteria Checklist X 1. Conformance with the Weld County Comprehensive Plan and any adopted municipal plan_ X 2, Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district X 4. Consistent with efficient and orderly development. X 5_ Complies with Recorded Exemption standards in Section 11.8 of the Weld County Subdivision Ordinance. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Department of Planning Services has determined through the review,that the standards of Section 11,4.2.1 through 11.4.2.6 of the Weld County Subdivision Ordinance have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of the County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2. Prior to recording the plat A. In accordance with Ordinance Weld County Public Works Ordinance#180, Lots A and B shall be granted one residential/agricultural access from the section line where Weld County Road 104 should be. No circle drives or additional accesses shall be granted. B. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Public Works Department to determine if a culvert is necessary at any approved access point. 07/15/98 13:33 FAX 003 C. The applicant shall provide to the Department of Planning Services, a recorded deed for the property described in the legal description above_ D. The following notes shall be placed on the plat 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. 2) Any future structures on site must obtain the appropriate zoning and building permits. 3) Prior to the release of building permits on Lots A and B, the applicant shall submit evidence to the Department of Planning Services that the lot has an adequate water supply of sufficient quality, quantity and dependability. 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_ By Date July 15, 1996 Julie A. Chester + Current Planner COMMENTS ��7 so- EXHIBIT 09N DEPARTMENT OF PLANNING SERVICES PHONE (970)353-6100,EXT.3540 O FAX(970)352-6312 E-mail address: I:Jchester@CO.Weld.CO.US WELD COUNTY ADMINIS 1'RATIVE OFFICES COLORADO 1400 N. 17TH AVENUE GREELEY,COLORADO 80631 July 2, 1998 Board of County Commissioners ``.4, Weld County Centennial Center 915 10th Street c-) to Greeley, CO 80631 ''� rn t`a Subject: Recorded Exemption 2225 Dear Commissioners: rv.y Brunello,LLC has requested a Recorded Exemption to occur on part of the S2/SE4 of Section 17,Township 9N,Range 67W of the 6th P.M.,Weld County,Colorado. The 80 acre parcel is located approximately seven miles from Nunn,Colorado;north of and adjacent to Weld County Road 104,which is not maintained by the County. The parcel of land under consideration is the total contiguous land holdings of the applicant. Based upon submitted information, referral agencies, and the governing mechanism of the County, the Department of Planning Services' staff recommends this request be denied. The applicant is requesting to divide this parcel into two parcels. The staff believes the applicant has evaded the intent of the recorded exemption process by creating multiple lots without utilizing the appropriate subdivision process. The result is an entire section which has been inundated with piecemeal development. Staff has the following concerns: 1. The applicant has not demonstrated that this application is consistent with efficient and orderly development. This is the third request for a Recorded Exemption in the section,one of which has been submitted by this applicant,creating eight total lots: ► Recorded Exemption 2119, Greg Reeves and Patty Deplazes, Submitted on October 20, 1997 and approved on November 25, 1997,created three buildable lots,accessing onto WCR 104,which is not maintained by the County,utilizing private wells and septic systems. ► Recorded Exemption 2211,Greg Reeves and Patty Deplazes,Submitted on March 30, 1998,applying to create three lots,directly west of and adjacent to the above referenced Recorded Exemption(RE- 2119),accessing onto WCR 104,which is not maintained by the County,utilizing private wells and septic systems. ► Recorded Exemption 2225,Brunello LLC, Submitted on April 6, 1998, applying to create two lots, directly east of and adjacent to the above referenced Recorded Exemptions(RE-2119 &RE-2211), accessing onto WCR 104,which is not maintained by the County, utilizing private wells and septic systems. This property was owned by Greg Reeves and Patty Deplanes less than one year ago. 2. The conflict between rural and urban activities is evident in this request. When an urban growth pattern is established without regard to long range comprehensive planning the outcome lacks the essential elements of long term desirability. Higher costs are incurred by providing many public services to urban sprawl areas. As urban areas develop and expand they inadvertently influence surrounding areas. These areas are either converted to urban uses themselves or are in direct conflict and competition with agricultural areas. 3. The applicant has failed to comply with the A(Agricultural)zone district intent. This parcel is located outside of an Urban Growth Boundary Area. Continued division of this parcel emphatically opposes the intent of the A (Agricultural) zone district. The potential to interfere and encroach upon the agricultural activities of this area is evident. The A(Agricultural)zone district was established to promote and maintain agriculture as a vital support element for Weld County Citizens,and not to be continually decreased for residential development. The Agricultural zone policies discourage the conversion of agricultural land for residential uses within an area located outside of an urban growth boundary. The intent is to eliminate incompatibilities that exist and minimize costs to Weld County tax-payers. Instead of applying for and adhering to the appropriate subdivision regulations the applicant has chosen to subdivide the land without regard to the long term impacts of the divisions. By doing so,the applicant has not been required to pay for the cost of public services and improvements that his current proposed divisions are producing. The Department of Planning Services' staff is concerned with this lack of consistency with the Comprehensive Plan and Subdivision Ordinance. Specifically,the Department of Planning Services' staff recommendation of denial for this request is based upon the application's inconsistency with Section 1.3 of the Weld County Subdivision Ordinance,which ensures orderly and efficient subdivision development within the county,and conflicts with A.Goals 1,3,4, 6, 7,and 9 of the Comprehensive Plan,which define appropriate development goals and policies within the Agricultural zone district. Scattered residential development in rural areas necessitates an increased demand for roads and bridges,police and fire protection,education facilities, utilities and other services. The cost of providing services and the conflicts between rural and urban land uses can be reduced if development is encouraged within urban growth boundary areas or are adjacent to existing municipalities. The Department of Planning Services' staff requests that the Board of County Commissioners consider the application and determine if the standards of Sections 11.2 through 11.8 of the Weld County Subdivision Ordinance have been met and adhere to the goals and policies of the Weld County Comprehensive Plan. Respectfully submitted, /11-11 Julie A. Chester Current Planner pc: RE-2225 Monica Daniels-Mika,Director, Department of Planning Services Lee Morrison,Assistant County Attorney 4 I ollp :-...0. ;TR n APPLICATION FLOW SHEET COLORADO APPLICANT: Brunello,LLC CASE #: RE-2225 REQUEST: Recorded Exemption LEGAL: S2/SE4 of Section 17, T9N, R67W of the 6th P.M., Weld County, Colorado LOCATION: North of WCR iand West of WCR 17 PARCEL ID#: 04531700000 ACRES: +/- 79.15 Date By Application Received 04/06/98 JAC Application Completed 04/06/98 JAC Referrals listed 04/20/98 JAC File assembled — -q c I Letter to applicant mailed i / P Vicinity map prepared �v Referrals mailed `400g8 tiC Chaindexed 1 I J� c - Field check by DPS staff �/ v ` r L....Administrative Review decision: 1Ak u.A 51I/ 9 / to By County Commisioners Hearing Date(if applicable) p'/q" c a 4 Surrounding property owners notified &,,'YAir photo and maps prepared �/Z I CC action: /q/ C .V4a—• CC resolution receive Recorded on maps and filed Overlay Districts \(4 ti--F' Zoning Agricultural \\ Airport Yes No_x_ \O\ \,\./\ Geologic Yes No_x_ \v Flood Hazard Yes No_x_ v G Panel#FP 080266-0325C rr}}, / elVj ?sk\ FIELD CHECK inspection date: 5/12/98 CASE NUMBER: RE-2225 APPLICANT: Brunello, LLC LEGAL DESCRIPTION: S2/SE4 of Section 17, T9N, R67W of the 6th P.M., Weld County, Colorado LOCATION: North of and adjacent to Weld County Road 104 ............................. .... Zoning Land Use N A (Agricultural) N Farmed, plowed fields, wheat E A (Agricultural) E Ag, alfalfa S A(Agricultural) S Ag, alfalfa W A(Agricultural) W Ag, plowed fields COMMENTS: • On site: The entire E2 of the property is being farmed. (Wheat) There are no structures on site. Currently it is vacant farm ground. / - Julie A. Chester, Current Planner EXHIBIT 3 i0/15/98 08:25 FAX 970 352 2888 WELD PUBLIC WORK IJ 004 • BRLINELLO LLC 2229 Iroquois Or. Fort Collins, CO 80525 October 14, 1998 Mr.Frank Harapen. Weld County Public Works Department Greeley, CO 80632 Dear Mr. l iampca, We have finished construction on.WCR 104 be inning at WCR 17 and continuing wed for a distance of one-fourth(v)mile. Construction was completed,as required by Resolution.77/5 and the road rnsint ..T+unr--agreement between Weld County and Bru nollo LLC. We are requesting Einal inspection by Weld County. L7pon approval,we ask that Weld County take over this road fox full rrinimesmrice,according to the Road Maintenance Agreement approved by the Weld County Commissioners on October 7, 1998. Respectfully submitted. . LLC • D..Nelson • • an •a iaca P72 Ol.8 'bN XH.4 N311IN 031.1d3HS NJ 8£:£0 TAM $841-L00 10/15/98 08:32 TX/RX NO.2830 P.004 John D . Nelson, Ph.D., P.E. 3201 Wedgewood Ct., Fort Collins, Colorado 80525 Ph. (303) 226-6466 Weld County Planning Dept. June 30, 1998 Julie A. Chester JUL 0 81998 Current Planner Department I Department of Planning Services Weld County Administrative Offices 1400 N. 17th Avenue Greeley, CO 80631 RE: RE-2225-S2SE4 Sect 17 T9N,R67W,6PM,Weld County,CO Dear Ms. Chester: Through my conversation with you last week, I understand that the application for the above RE has been scheduled for a hearing with the Board of County Commissioners, and that an application for a recorded exemption on the West half of Section 17 has also been scheduled for the same hearing. I own a parcel of land in Section 17 (N2SE4)which is adjacent to both of the parcels under consideration. I also am a member of Brunello LLC the owner of S2SE4 of Section 17. I am unable to attend the hearing and my associate, Tom Smith,will represent my opinions at the hearing. If the RE on the West Half of Section 17 is approved, I believe that the traffic usage on the ROW for WCR 104 would be excessive. My associate and I are willing to submit an alternative plan for a RE that would have access to the proposed parcels only from WCR17. However,even with only four parcels of land in the west half of Section 17, I believe that the traffic on the ROW for WCR104 will be excessive. I also am concerned with the proposed plan for development of the West Half of Section 17. I am currently in the process of designing and building a house and out-buildings on my tract of land and intend to move there. I will graze cattle on the 80 acres that I own. I am opposed to the clustering type of development that is proposed for the west half, and believe that this type of subdivision development will not be conducive to the rural atmosphere that exists there. I will be out of town until July 10, 1998. During that time any questions you have of me can be directed to my associate, Tom Smith. Sincerely, John D.Nelson JDN/jd rs 1 DEPARTMENT OF PLANNING SERVICES 1111 PHONE (970)353-6100,EXT.3540 O FAX(970)352-6312 E-mail address:I:Jchester@CO.Weld.CO.US WELD COUNTY ADMINISTRATIVE OFFICES COLORADO 1400 N. 17TH AVENUE GREELEY,COLORADO 80631 June 29, 1998 • Brunello, LLC 2229 Iroquois Drive Ft. Collins, CO 80525 Subject: RE-2225 Legal Description: S2/SE4 of Section 17, T9N, R67W of the 6th P.M., Weld County, Colorado Dear Mr. Smith and Mr. Nelson: This letter is to inform you that the above referenced Recorded Exemption has been reviewed by the Department of Planning Services and it has been determined that the application does not meet the standards of Section 11.4.2.1 through 11.4.2.6. This application is scheduled before the Board of County Commissioners on July 8, 1998 at 9:00 a.m. The Board of County Commissioners meet at the Centennial Center, located at 915 10th Street, on the first floor. The staff recommendation will be available twenty-four hours prior to the public hearing. If you need any further information,please feel free to contact me at the above address,telephone number or e-mail address. Sincerely, Julie A. Chester Current Planner • pc: RE-2225 4 EXHIBIT 1 0 DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices '4*al I I I 1400 N. 17th Avenue Greeley, CO 80631 Phone (970) 353-6100, Ext. 3540 Fax (970) 352-6312 COLORADO April 20, 1998 Brunello, LLC Tom Smith 2229 Iroquois Drive Fort Collins, CO 80525 Subject: RE-2225 - S2SE4 of Section 17, T9N, R67W of the 6th P.M., Weld County, Colorado. Dear Applicant: 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. If you have any questions concerning this matter, please call me. Sincerely, Gam/ Julie A. Chester Current Planner EXHIBIT I T . ", ..., . kLii-_,-- RECORDED EXEMPTION CRITERIA CHECKLIST Staff Use 1. What is the SCS soil classification for this site? }C--/ VL',0I Yes No N/A 2. Will the proposed configuration of the site make future farming practices 2. Lot A c[ ' o o less efficient? 11.3 Lot B .yi o o I 3. Will either of the lots be used for agricultural production? 113 3. Lot A o c4 o Lot B o ,Er o I4. Is the applicant willing to place a conservation easement or some other 4. Lot A o zr , o mechanism on the property to maintain farm production or open space? 113 Lot B o V o IY 5. Does the application meet the Weld County Public Works Access requirements 5. Lot A o p o as cited in Ordinance 180? 113134 Lot B ❑ V ❑ 6. Will the site utilize existing housing? 11 3.6 6. Lot A o ❑ Lot B o o 7. Will the applicant designate a building envelope on either lot? 11.3.8 7. Lot A o Q" o Lot B o J o 8. Is the in-house use water supply sufficient in terms of quality, quantity and 8. Lot A o V o dependability? 113.4 Lot B o V o 9. Is water available to irrigate the site for crops, lawns, gardens, and adequate 9. Lot A o �j " o for the maximum number of animal units allowed by right or Special Review Lot B o E: ❑ permit. 113.4 10. Has irrigation water been removed from the site? If so,when 10. Lot A o >{" o 11.3.4 LotB o .6' o 11. Is the proposed land division consistent with current or future land use patterns? 11. o ❑ 11.3.9/11,3:.10/11 3.11 .................................................. ................................................... 12. This application does not create lots which would make further land divisions 12. o ,p/' ❑ possible 11_3 9/11 3 10111 3 11 13. Neither of the parcels related to this application are part of a previously 13. Lot A o -t o recorded exemption 11:8.08 - Lot B o d o 14. How many recorded exemptions are adjacent to this parcel or Section ? When were they created? n "y" LAN,��7 J.� \ 11.39/11 310/11311 1 Yes No N/A 15. Are surrounding parcels larger than the minimum lot size? 11 3_10 15. ❑ ,..� ❑ 16. Are there unique physical characteristics on this site? 11.3.1 Lot A ❑ 0 EXHIBIT Lot B ;❑ 0 ❑ K j1/4.,Q..91 ‘ Cince0-4/•icii CO Vz No N/A 17. Is the site in compliance with the zone district regulations and applicable Weld 17. Lot A a o County Health Department requirements? 11'<35 Lot B. a ❑ .......:.... Engineered Sewage System(s) Yes No N/A ❑ ❑ ❑ 18. Does this request comply with the Weld County Comprehensive Plan or 18. Comp Plan a ❑ applicable Intergovernmental Agreements 139 IGA a 6� IGA • 19. What is the propos use, of the s'te? Lot A Lot B 20. Did the referral agencies recommend approval of this request? 20. Y( No N/A If no,why not? a ❑ 21. What impact,if an ,will this land division have on%adjacent/properties? A _ 0 t Ap4 — 1 ;o ��e, i/vL ) U.P,� b�2-tti 1fi vt�( U — i cm Ito _" A_��t 1 uL e_QUO V STAFF USE ONLY- �'J` c`� '`3 U�bx c.�-f Date Received 41 f l Size of Parcel 30 0 t-`-Q--'3 Legal Description ` S a" I S I+ ` — Location 1 v V. � 1 � j w vJ-\- �F-� ( APPROVED-BOARD OF COUNTY COMMISSIONERS HEARING: 4), ' Date STAFF APPROVED: Date APPLICATION .4,, DEPARTMENT OF PLANNING SERVIC' _,.IJ County Planning Dept, Weld County Administrative Offices. 1400 N. 17th Avenue. Greeley, Colorado 80631 Phone (970) 353-6100, Ext. 3540 - Fax # (970) 352-6312 APPLICATION FOR RECORDED EXEMPTION APR 0 6 1998 Application Fee 0 -' Receipt Number UZJ 7 c7 4 1 7. ,a&Y,=, i a9 Recording Fee • PV eceipt Number Zoning Distnct Application Checked ByAi Planner Assigned to Case Jr_ 9 90 TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures). I (we), the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners. Legal Description: SL(2 0fz '> 1/ I vF 4• ►1-1'197Total Acreage: 19. L5 t Zoning 4G4.i6... Parcel Number: 0 ti s 3 1 0 0 0 0 0 y (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 X No Is this parcel of land under consideration the total contiguous land owned by the applicant? il Yes No x Does the parcel of land under consideration lie in any of the following Overlay Districts? Flood Hazard: Yes No X ;Airport: Yes_ No X ; Geological Hazard: Yes_ No X m ERP y 3�5 C"FEE OWNERS OF R RT Se--01-,eun, LLL Home Phone# yt32.55A, Work Phone# ZZ6-5Sr l Address: 2ZZ`1 Iet:,62vo1,S D2wG City/State/Zip Code . )Z.,T COLA-r►sS + CO 'g,oczc Applicant or Authorized Agent: jot1.14 D. IJuvo Phone# LZ -Too IAddress: 3Z uJe;DGE wonp C,T. City/State/Zip Code FT cou-Los , Le, 43o5Z5 AGEur .�Dlatne: Iow, T. S rU Home Phone# It$Z-55198 Work Phone# 2210-55/1 Address: Z2.2�9 leoo.'Oc, PLA vE City/State/Zip Code ro r etc,i,u5 GD 8oszs Larger Parcel Smaller Parcel Smaller Parcel Apolicable only fcr 3-Ict Recorded Exemption Water Source WEU-, 1r)El-1- 4/1 Type of Sewer SEPrtL SEPr« A)`A Proposed Use gesv,D -1.1-r-LAB 'NG Acreage LIS. LS ± 3H,00 t p/A Existing Dwellings • Yes or No /Jo /Jo 1,444 Existing Dwellings Address (if applicable): Larger Parcel NIA Smaller Parcel M/4 Smaller Parcel (applicable only for 3-lot Recorded Exemption) Nlp I hereby state that all statements, proposals, or plans submitted with t,is application ye true and correct to the best of my knowledge. # w- EXHIBIT , ii �)IAA-u �.— ANA Rev: 1-27-97 Signature: Owner or grorized Agent 0 INTERMILL LAND SURVEYING, INC. 1301 N. Cleveland Avenue Loveland, Colorado 80537 (970)669-0516-Fax(970)635-9775 1. Water Supply Statements Domestic water will be provided by wells on both Lots A and B.(see attached well permits).No irrigation structures exist on the property at the present time. 2. Sewage Disposal Statement Lot A and Lot B will utilize Inividual Sewage Disposal Systems.Both septic systems will be installed in compliance with requirements and regulations of the A(Agricultural)Zone District and the Weld County Health Department at the time construction is approved. 3. Description of Property Use At the present time the land is being used to grow hay. The ground is not considered prime agricultural farm ground. The land is fairly dry and consists of poor soils.No outbuildings or principal residences exist on the property.No livestock graze the property and no commercial production facilities exist on the land either. 4. Reason for R.E./Lot Use Explanation The reason for our proposal to create two buildable sites for a future homeowner. The smaller lot,Lot A, will be approximately 34.00 acres in size,Lot B,the larger lot,will be approximately 45.15 acres.Lot A and Lot B will be used for the residential/agricultural preferences of the future owners. 5. Location,Size,&Present Use of Area The property is located in Weld County approximately 8 miles northwest of the town of Nunn on Weld County Road No. 17 and Weld County Road No. 104.Located within Section 17,Township 9 North,Range 67 West of the 6th P.M. the land is approximately 79.15 acres in size and is presently being hay farmed with no existing residences on the property. 6. Unique Physical Characteristics A small creek runs north-south across the property. 7. Setback and Offset Statement All proposed structures are to meet the minimum setback and offset requirements as regulated within the Agricultural Zone District.There are no existing structures on the property. 8. Conservation Easement Statement The applicants do not wish to place a conservation easement on the property at this time. 9. Building Envelope Statement If required by the county the applicant will designate a building envelope on Lots B when final approval of the Recorded Exemption is confirmed. 10. Weld County Comprehensive Plan Consistency Our proposal is consistent with the comprehensive plan in many ways. It is conserving prime farmland for the agricultural purposes of the county.The project is not large enough to be considered urban in scale and with the town of Nunn within range,public services,such as fire and rescue are readily available. 11. Compatibility w/Surrounding Land Uses The proposed residential/agricultural uses of this property will coincide with surrounding small residential acreages and farm/ranch houses. 12. Consistency w/Intent of District This proposal will not interfere with agricultural work,production or activities which will make it consistent with the Agricultural Districts intent. Uses by Right with the A District allows residential units and farming activities. 13. Consistency w/Efficient and Orderly Development While safeguarding the interests of the public with a new development that does not take away from the natural beauty of the county. With the safety of fire and rescue,and the conveniences of utilities, such as water wells electricity and telephone. Without hindering any of the surrounding fanning operations by keeping existing irrigation for the needs of the existing farms and ranches and preserving all of the surrounding farm producers, the proposal will be content with efficient and orderly development as defined in the Weld County Subdivision Ordinance, Section 13. Intermill Land Surveying -Registered in Colorado& Wyoming- 1301 N. Cleveland Ave. Loveland, Colorado 80537a' ('� rhs 970 669-0516 !IAA ,' ►�\ Fax (970) 635-9775 • ' Job No: P-98-4027 Date: 04-02-98 To: Weld County Planning Department 1400 North 17th Avenue Greeley, CO 80631 Attention: Planning RE: Brunello,LLC Recorded Exemption Remarks: Please confirm the following included items: One(1)original Recorded Exemption Packet Nine(9)copies of original RE.Packet One(1)Recorded Exemption Fee for$990.00 if all items are present then please review the proposed Recorded Exemption. If you should have any questions or concerns please feel free to contact us. Sincerely, INTERMILL LAND SURVEYING,INC. Jason Allee Project Coordinator • REFERRAL LIST1111 NAME:Brunello,LC CASE NUMBER RE-2225 REFERRALS SENT: April 20, 1998 REFERRALS TO BE RECEIVED BY:May 11, 1998 COUNTY TOWNS and CT11LS Attorney Ault X Health Department _Brighton Extension Service Berthoud Emergency Management Office _Dacono _Sheriffs Office j 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 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 X Nunn F-12 COUNTIES Pawnee F-22 Adams Platteville F-13 Boulder / Platte Valley F-14 X Latimer Poudre Valley F-15 Raymer F-2 FEDERAL GOVERNMENT AGENCIES _Southeast Weld F-16 US Army Corps of Engineers Windsor/Severance F-17 USDAAPHIS Veterinary Service Wiggins F-18 _Federal Aviation Administration Western Hills F-20 _Federal Communication Commission OTHER SOIL CONSERVATION DISTRICTS X School Dist.RE-9 ✓ _Brighton Panhandle Eastern Pipe Line Co. Fort Collins z EXHIBIT Tri-Area Planning Commission X Greeley V Longmont West Adams Weld CountyReferral O April 20, 1998 • COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Brunello, LLC Case Number RE-2225 Please Reply By May 11, 1998 Planner Julie A. Chester Project Recorded Exemption Legal S2SE4 of Section 17, T9N, R67W of the 6th P.M.,Weld County, Colorado. Location North of Weld County Road 104 and west of Weld County Road 17 Parcel Number 0453 17 000040 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. ('.nmmentc• Signature Agency Date +Weld County Planning Dept. +1400 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +(970) 352-6312 fax REFERRALS W/O COMMENTS Q (8": ‘, Weld CountJ' Referral i Planning Dept. county April 20, 1998 COLORADO• MAY 11 1998 r's3 gL"06--1 ,--1vED .4 ,, t_.-,-,.,n).?' .3=1 The Weld County Department of Planning Services has received the following item for review: Applicant Brunello, LLC Case Number RE-2225 Please Reply By May 11, 1998 Planner Julie A. Chester Project Recorded Exemption Legal S2SE4 of Section 17, T9N, R67W of the 6th P.M., Weld County, Colorado. Location North of Weld County Road 104 and west of Weld County Road 17 Parcel Number 0453 17 000040 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 (r We have reviewed the request and find no conflicts with our interests. +, ❑ See attached letter. Cam mvntc• i Signature 4,0.44440.2 rf r/ge Agency Ir , " oat ,, r Date EXHIBIT +Weld County Planning Dept. +1400 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +( 9 1 o '•44:*44 tii0;i1( 1641. Weld County Planning Dept. MAY 0 5 1998 Weld Coun 1 ' e errd IIDcE1VED ?p • • '98 • COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Brunello, LLC Case Number RE-2225 Please Reply By May 11, 1998 Planner Julie A. Chester Project Recorded Exemption Legal S2SE4 of Section 17, T9N, R67W of the 6th P.M., Weld County, Colorado. Location North of Weld County Road 104 and west of Weld County Road 17 Parcel Number 0453 17 000040 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 I does not comply with our Comprehensive Plan gik We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. • ('nmmrntc• Signature Agency �� Date 411 +Weld County Planning Dept. +1400 N. 17th Ave.Greeley,CO.80631 +(970) 353-6100 ext.3540 44(97( EXHIBIT 10 y d 4'. C ,......,k it) iiiil Weld County PlanninWeld Couny Referral APR 2 7 199 VII pO 8 April 20, 1998 COLORADO RECEIVED The Weld County Department of Planning Services has received the following item for review: Applicant Brunello, LLC Case Number RE-2225 Please Reply By May 11, 1998 Planner Julie A. Chester Project Recorded Exemption Legal S2SE4 of Section 17, T9N, R67W of the 6th P.M., Weld County, Colorado. Location North of Weld County Road 104 and west of Weld County Road 17 Parcel Number 0453 17 000040 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 ziWe have reviewed the request and find no conflicts with our interests. Eli See attached letter. Cammvntc• Signature CI X 0 Agency W ,ee- Dat +Weld County Planning Dept. +1400 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +( EXHIBIT I 1U REFERRALS W/COMMENTS _... _r , ..._ ce, MEMORANDUM 'Ott 111101 TO: Julie Chester, Current Planner DATE: April 28, 1998 p Wilpe, FROM: Don Carroll, Engineering Administrator gl COLORADO SUBJECT: RE-2225; Brunello, LLC The Weld County Public Works Department has reviewed this proposal; the following requirements are recommended to be a part of any approval: COMMENTS: WCR 17 is designated on the Transportation Plan Map as a local gravel road and is maintained by Weld County. The applicant is indicating access from the section line where WCR 104 would be to Lot B, the 45.1-acre residential/agricultural parcel. I was unable to find any dedication on this section line easement in the Weld County Clerk to the Board road records for easements on section lines. REQUIREMENTS: The applicant needs to supply a 30-foot easement across Lot A to serve Lot B or supply documentation that there is right-of-way access at this location. Both access points should be placed in such a location to have adequate site distance in both directions and not below the crest of a hill. If a culvert is required at either location, a 15-inch CMP is the county minimum size. If the applicant chooses to place a larger culvert, please contact our office. cc: Commissioner Webster RE-2225 We'd County Planning Dept. plan26 APR 3 Of 1998 RECEIVED 1 EXHIBIT i \ ?"" • RECEIVED APR 2 1 1998 Jrto' Referral Weld CaunWA gc.)u n" ' R APR 3 0 1998 April 20, 1998 • COLORADORECEIVED The Weld County Department of Planning Services has received the following item for review: Applicant Brunello, LLC Case Number RE-2225 Please Reply By May 11, 1998 Planner Julie A. Chester Project Recorded Exemption Legal S2SE4 of Section 17, T9N, R67W of the 6th P.M., Weld County, Colorado. Location North of Weld County Road 104 and west of Weld County Road 17 Parcel Number 0453 17 000040 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. CaSee attached letter. • Cnmmrntr Signature "414' 06-0 - 4 - '2 C5- 9 6 Agency P (k.)s 14,; Date +Weld County Planning Dept. +1400 N. 17th Ave.Greeley,CO.80631 +(970) 353-6100 ext.3540 +(970) 352-6312 fax Road File= 17 RE: 3.ar Other Case No. A.PPEINDa B WELD COUNTY ROAD ACCESS LrFOR_ti ATION SHEET Weld County Public Works Department Date: 4- . 1- et e, 933 North 11th Avenue.P.O.Box 758. Greeley. CO 80632 Phone: (970)356-4000.Ext. 3750 Fax: (970) 352-2368 1. Applicant Name JOu.N tJEI!-rop / Tow. 4w•11-N : $4,,,otu.o Lt.L Phone ZZ3.Iwo/22t, - Sst Address "Mo 1 A we-rtar-I W aY i -pvt.s JFK- Pavr av City : x C044.4 t..s State Cc Zip eos-2-5- 2. Address or location of access — Section tI Township 90J Ranee Ill W Subdivision — Block — Lot — y Weld County Road # 174o44 Side of Road MtzsT4JogniDistance from nearest intersection 3. Is there an existing access to the property? Yes No X #of accesses a 4. Proposed Use: ® permanent ® Residential/Azricultural CI Industrial l7 Temporary CI Subdivision CI Commercial 0 Other ,, ********************************************************************************************************** 5. Site Sketch t Legend for Access Description: r Wt..tt,. tot, i A ARG= Argricultural ' L _ _ 1_ _A — , �a �, _ RES = Residential rMar ,_ O&G= Ott& Gas towe,nJg 40.7411 r �� D.R. = Ditch Road I I 1 —t~ J II 3 d 1 I 4s.ts_AcZes Po- geS I I . tzr A (�- a� _ 3M•o z Ar,2 II- -.t-- —1 _ P. ......._____1....( APPAGzar j Pi ?ZS p1.c..K.•l01 (uvr tO P11t AQPRox1wATe L.oL-ATioo of PeoPa €P Auk4.St;S OFFICE USE ONLY: Road 17 ADT eV9 Date /g977 Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions Installation authorized D Information Insufficient Reviewed By: Tide "r 7 MEMORANDUM 1 TO: Julie A. Chester, W. C. Planning DATE: April 27, 1998 O FROM: Sheble McConnellogue, W. C. Health Department • COLORADO CASE NO.: RE-2225 NAME: Brunello, LLC Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1) A Weld County Septic Permit is required for the proposed home septic systems and shall be installed according to the Weld County Individual Sewage Disposal Regulations. SM/vh3745 Weld County Planning Dept. APR 2 8 1998 RECEIVED EXHIBIT 13 • MAPS 0.5.17) O\ ed before me this day of , .3nuNgtLc, ,(C - 72Z5 ____ e' 5 - I 7 -4-- Rga,95 '7-2 El we_ )04 _.),Lo i A- = ao y 5Ia4SWCK /) 7-285 wc, - 001 =ICATE i ng.4 l 5Q 4................11000.11MINNINO .....,. ......)8s, ) ,50 _.,,........ .....5a8o ---, - _ a...10-0._ . 71<,:„ . '4,::), .7)17),0 - , sioners 7/5'. ,A,,e.._5 1 - ',WEL li# 0y5,3- /7-axt),Z kJ, ;( ,1 i t , ,' t( ( i'd t I )) xfq (4-4-,c, ((i q.._; ( / cam/ ( C , 77.i.Ca. f:7k)t1),2 e4'‘- 1 1i •s' 4 6 "46441410 6KW0 '3q-,I ., 1 , -, ,�,- , (\-, i . oI k.t... `' \ .I - 004 pri .t....A.„„\5 I ------J._ ,) =-�-��5 20 > ,\ 21 Y MAP n ) )) ,F. ..., Z000 l.J ` �. I • ' ,--J7'_:\S . .., ) ) ''1, - SHEET NO. NO. OF SHEETS PROJECT NO. $., EXEMPTION 17-9-67, Weld County, CO P-98-4027 1 111. UM 0-4 C:\Drawing\Rea—Ex\P-4027.Dwg .+Rr -sr co H t0 i q,73 r J <C I (_) CO OTh J F- alOLf C7 I L al w a\ <r V a--4 a, n 6. U -1 Q " UI 41 O O\ U Q c) O W ¢ oj f— © I H i O LW 0 pp U J IL ix _J Q toacoCo `, (17 u, co co Iv Q U Q J o !n N N N U' I W U N O O J 117 a If) O d N gib- ',Clip", \I Co` `W\', �5£ " a,o\ vocal Tai o.a g '"' LT eflM\�`3 pasodo.id /-,...E, 3 iL, WV\ k.D 5n W i , 0U 0 ! - i . r,js . a....4 F E E .1 Z :N ;ot, • I— d'°' d 5 at I O -E,u i'+� ,id dC i t O LL U O +, • .4 U (11 a U H. F. 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" - _-_ -.11:1 ... ,:x.� -- ,�, •.":,.. :•. ,.'. ate. . :,'..A.c'-'.4t'„E,.i!..,...!.:--:,.:::::',,..--:»••.••#,!.1...4 .74,1 -..: • -.. ,y _ .° _ C' _ _. +�-- - - ., . ' . c•• ,i • R' t it t x- : a r*kw°k eat w,t� x ',..T.-7,3‘.71/4;,,,.:-..-4,4744-;;,4-4%*1.4.,1,;,:,141.]::kz4,;Nt,w.i:0,.,-.,,....,Alt-li*-27,k. . . - • - i 3 NI1p•jsiT ,.e - ysa is + Li-MA' 5 34 .00 . _ ip .1' -gi .'- .. .-.,•,„-•.1,..v.''•,,,,,,',•4:•'-,.,..',4•••.'i..••7-....,:,1 ,,.,, _ .;;...,srk 41..''''‘''''''''''''''.:7'.' °.1 f • - .+ �" . r:. y I. f a Z g 4�t ;' �.- EXHIBIT i £ I `( # r . (i? Road File 1 RE: Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: 933 North 11th Avenue.P.O. Box 758, Greeley, CO 80632 Phone: (970)356-4000,Ext. 3750 Fax: (970) 352-2868 li 1. Applicant Name ,lou.N t3etsrog.t / Tow, 4w.try : ?- J€LW LLL Phone ZZ3'9boo(ZZt. - SStt Address 3430i puto&. .rio/J Wqy/ 3t.t,s JFY- ?AliwAv City Se.T COLANIs State Co Zip oostS 2. Address or location of access — Section II Township qrJ Range to"y t i Subdivision — - Block — 1 Weld County Road # i i 0 Side of Road Lot ThylaraDistance from nearest intersection 3. Is there an existing access to the property? Yes No X #of accesses D 4. Proposed Use: ® Permanent ® Residential/Agricultural ❑ Industrial 0 Temporary 0 Subdivision 0 Commercial 0 Other ********************************************************************************************************** 5. Site Sketch Legend for Access Description: I l ARG= Argricultural v►.[,• tot., J L ___ a RES = Residential • i "'\► O&G= Oil& Gas �uw,rnVg goAoS ifR v 1 r .. :! - D.R. = Ditch Road I .i • J II 1 1 N I , Lb1 1. -�4F — )_ APp4C.c Jr PA-t.ES W.c...K,.101 (,.DT i.') Pot APPRox4w.ATC Lot-Arr,oN of PP.o'o' D Acc-Zs 56s OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation authorized ❑ Information Insufficient Reviewed By: Title: 7 ,4 , , I . ,4 . .N • I , i • r 1 1 1 I --T----IN r) cD cc I N I N X) 1 N 1 I N N ro 1 I 1 --T......_I---I —..I---L---I--- 1 fort 71 N N Il re) 1 N N 1 O 1 7 J r 1 I .co r.r, I co 0) c i N I . ' 1 r 0, N N r) R„-ty,,z'i^.a""...r4,,c.,'. .,34--n'roka.''L n�£.+..v" ..zy-Au`Fax. --VI -,X Av",,cre..:s,,,,,,KT L-_,I• ,!"+ vet.o 04 1 N 1 in 1 co 1 No N -;r,) 1 10 co -----L--- .—L 1 rt---r-- ---L-- ---r—...—.... 1 o, 0 a LID 1 N 00 I rn o� In N I ao I-__� L —1 co N re) N Nn (0 . N N) N N N) r1 �, 1--- I- - K) ID I 1n N N CU N N N to N N N I I I L. - �� r— N mot' �O p N O 0 N N N N) O in N Cu -P+-. r J , 03 In Nt °3°) N N N N 0) CD I- HOIL L N N N N — In ID P+ FS NN N P7 1n QO IV IW L T I 1 5 T x3A r — rn O I CD N 00 01 ( N oo 0 PO i Anna 0 .xaugauI CO 'Cl"" nj CO O COd' O O a) Cr''' ti `� `� O O O O O O ) N T d !_ T le N \V •... I / 0- r 1 4.: \V . •\., I / i r - , I ' 1 ---1---'r----• I N co N M N r 1 N 1 co in to N II ti ; r ; ——T—----—,�—— —I---L--i——— — I N N. a' 1 r) N - N 1�►� I M r N N 1� 4 r I 1 33 --J---.1-------1--I -i - 1 I N N N N Po 1 in 1 co 1 N N - ---1"-- I ao -sm.GmumEE U .J.3,. I., rt...--F.... ---I.---S---r....-- co 0 .- r co I N CO I 0) 0 .- CO j N I 00 i 1 CO I N N N r N r) N N 1.4) 1 rf) In H-- r 6 so . • ! N N Pr) tO in N r N to N 1 f7 N N N r N N M) 1 1 1 L Cr� r- r Is. o In N N M I 0 0 O inN N M7 CY II I N 0 CO In 'N N O) co 111 �TxaY N N N L 1 O oo N N i in ao a 1x N N N N U U ', 1 0 I .- co N oo 0) 0 .- co ( CD • CO �' }un 00 a�ueZ 0) Cr) O c0 CO NI' N O a0 1., .� ^ p O O O O O ) N 0 T 9N 0 T 8N 0 x__{� 0 0 0 .1t- co L , . . _....e' ......- (")-(.. 2e7 .) . NI- i LZ e 3 M ii(i) 01 `D 0 C__,• 0 ,./. H , Q 0 ,_<,, C9 CD i a d •r. N s H 1 vld u a a 4- ----> • o J--, O a t. m T CK i CA U m �- L U • J a a 3 +' D I O U7 S wa: < N CC a-. a, ,..0 L L a~ o ofU d C J a a Q 0 I a • I- 0 L _J I J a a N U ON a N .--i a N N I- O I 1- ° L L W O ST U _I CI-CY J a c O a 1 U '^ /W. V/ 1 . . J ,off\ ,N O\ t:, \ ,iTIN =`cis pooeI 1ano_1J ,` LT eJM \ ; __________ _.;: r.................7. 3 oasodo.id A 3 H tV m in b(7p n_ - - ;` WdN �d� - E It\ E - ssa• 0� a a a '4 w'" il. a tv F— a� . a a o, E 5 a O E-O ` N J, y,U ai CI >D O 1. 0_U O w U 4 U Culimel it Cu �/) 9 ski 9X V `e a'u im:Nw 5I a0/1 i ) O Sd J N E vp• CU bt• L via CZ IX ai x CrN Qom=I I-- 6 . `r oo a >, CY o CO C� QN / U w .--, CTSd 3 p u) r• L F' U U L�J e` ET eiJM 0 CU \.. \ 1 W IX • DEED 410 CERTIFICATE OF CONVEYANCES WELD COUNTY DEPARTMENT OF PLANNING SERVICES STATE OF COLORADO) COUNTY OF WELD ) Order No. WR45110 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: All of Section 17, Township 9 North, Range 67 West of the 6th P.M. , Weld County, Colorado. CONVEYANCES (If none appear, so state) : Book 544 Reception No. 1465599 Book 1390 Reception No. 23. 39467 Book 1636 Reception No. 2582383 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 11th day of MARCH, 1998 at 7 : 00 A.M. WELD CO TY TITLE COMPANY By: WO0&) Authorized Signatory EXHIBIT 5 a,'S.,, ,-.,:..r_r.. I � H 1390 REC 02339 07/01/93 16:09 $5.00 1/ F 0350 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, J , A Rd 3 3 94 6 7 WARRANTY DEED STATE OOCUM RARY FEE THIS DEED, Made this 30th day of June, 1993 between Date Deaver Grain Co., Inc., a Nebraska Corporation $ 4 U •0041PeowilirlIFF4R1404"grnelof the County of Box Butte, State of Nebraska , grantor, and Greg R. Reeves and Patty Deplazes Pierce 80650 whose legal address is 16058 Weld Ccunty Road 96, Nunn, coloredo 80448 of the County of Weld and State of Colorado, granteen: WITNESS that the grantor for and in consideration of the sum of ONE HUNDRED FORTY FOUR THOUSAND AND 00/100, ($144,000.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantees, their heirs '•*tom. - tand ogethergns with improvements not , ifnancy in any, situate, lyingon but in andoint being inn the all County o Wd property, and State of Colorado, described as follows: All of Section 17, Township 9 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado also known by street and number as Deaver Farm, Eaton, Colorado 80615 TOGETHER with all and singular the hereditaaents 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 bereditnments 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, and agree to and with the grantees, their heirs and assigns, that at the time of the unsealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, ments, encumbrances and restrictions of whatever kind or nacure simmer, except general taxes for 1993 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable po ion of the grantees, their heirs and assigns, against al:. and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WI B••WEERSOF the grantor has executed this deed on the date set forth above. `''' A1 �t ,•— Deaver Grain Co., Inc., a Nebraska Corpo /Lt-io/n/, //// 4a .in • ,• F•• .... •9$ Patrick Jo 1 Deaver, Vice President STATE OF NSWONEE.o R Al S�� ) a ) ss. The foregoing instrument was acknowledged before me County of Msieh�u�`r) this 30th day of June, 1993 by Deaver Grain Co., Inc., a Nebraska Corporation by Patrick Joseph Deaver, as Vice President Witness my hand and official seal. My commission expires July 10, 1995 45011111Lf,r4tillnif�slh SON My Ce �� oC . • mm1.Exp. 5197! • NOTARY PUBLIC 1113 Tenth Avenue No. 921A. Rev. 3-85 Greeley, COLORADO 80631 �� N seeosded at p' ,Y �t[., _ e' --.1 '° 544 won No...... 146 599 _ ATN>lropi1 Recorder. ,.'to': „ . ;` RECORDER'S STAMP , 'S - -o THIS DEED, Made this 1St day of June , n ns i I`'i rI 1965 ,between RICHARD K. HART !,/e ' ` •1 t of the ; ' .I '' , O County Of Weld and State of Colo. :,i rsc]o,of the first park and DEAVER GRAIN CO., INC. 0 a corporation organized and oe existing under and by virtue of the laws of the State of Nebraska , N�2. .Vi c, of the second part: mrH O c WITDIEg9ETH,That the said party of the first Dark for and fn eonaideration of the sum •• Ten Dollars and ether good and valuable considerations •e '- "` `". i" to the said party of th • e first part in hand paid by the said party of the second part, the receipt wh. • :" z=y ' cis hereby confessed and acknowledged,haS granted,bargained,sold and conveyed,and by these presents do es 1� a:.4.„ ft 1 grant,bargain,sell,convey and confirm,unto the said party of the second part,its successors and assigns fo 0 s i all of the following described lot or parcel of land,situate,lying and being in the 111111: 111111111'• . ti County of Weld and State of Colorado,to wit: • All of Section 17, Township 9 North, Range 67 West of the 6th P.M. , EXCEPT all oil, coal and other minerals hereto— fore reserved by the Union Pacific Railroad Company, and EXCEPT easements in place or of record, particularly a right—of—way for power transmission lines; RESERVING, however, unto the grantor, his heirs, personal repre— sentatives and assigns, one—half of all oil, gas and ' , other minerals, if any, not heretofore reserved. 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 said party of the first part,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 said party of the second part, its successors and assigns forever. And the said party of the first part, for him eel f, his heirs, executors, and administrators,does covenant,grant,bargain and agree to and with the said party of the second part, its successors and assigns, that at the time of the ensealing and delivery of these presents, he i s well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance,in law,in fee simple,and ha s good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form as aforesaid,and that the same are free and clear from _ alI former and other grants,bargains,sales,liens,taxes,assessments and encumbrances of whatever kind or nature soever, except taxes for the year 1965, payable in 1966. and the above bargained premises in tho quiet and peaceful possession of the said party of the second part, its successors and assigns,against all and every person or persons lawfully claiming or to claim the whole or any part thereof,the said party of the first part shall and will WARRANT AND FOREVER DEFEND. , IN WITNESS WHEREOF, The said party of the first part has hereunto set his hand and seal the day and year first above written. L, c �l�> / f Signed,Sealed and Delivered in the Presence of ta.S--: EAL]Richard K.` Hart. [SEAL] i [SEAL] STATE OF COLORADO es. I City and County of Denver The'Mret9jng instrument was acknowledged before me this 1st day of June lo•'\6,SFbyR4 jt.�o}iard K. Hart of > ff, mberczbjres August 6, 1968. 'C4s : � yITNES$my anct and official seal. i• u t1 .. O= _ ,/�-,,/ Notar7 PuWfie. No. 052. WARRANTY Darn TO CORPORATION—For all ry nph no owan,.lne Company,11941E Stout alrM Denver,OnlenAe I AP 4111 3 D Prepared by: R A M E HASLER, FONFARA AND MAXWELL LLP Attorneys at Law 0 Post Office Box 2267 Fort Collins, CO 80522 WARRANTY DEED DEED, made this 1st day of December, 1997, by and bet eei DREG R. REEVES and PATTY DEPLAZES, whose mailing address, for p -s Deed, is 16053 Weld County Road 96, Nunn, Colorado 80648 ("Grantors") , and BRVNELLO, LLC, a Colorado Limited Liability Company, the mailing address of which, for purposes of this Deed, is 2229 Iroquois Drive, Fort Collins, CAC) Colorado 80525 ("Grantee") . � r(( WITNESSETH: (:1/ That Grantors, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, to Grantors in hand paid by Grantee, the receipt of which is hereby confessed and acknowledged, have granted, bargained, sold, and conveyed, and by these presents do hereby grant, bargain, sell, convey, and cunfirm unto Grantee, its successors and assigns, forever, the real property, together with all improvements, if any, eituate, lying, and being in the County of Weld, State of Colorado, which is legally described as follows (the "Property") : Township 9 North, Rance 67 West of the 6th P.M. : Section 17: El/2; County of Weld, State of Colorado. TOGETHER with all and singular the heredita.tents and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all estate, right, title, interest, claim, and demand whatsoever of Grantors, either in law or equity, of, in, or to the Property, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the Property above bargained and described with the appurtenances unto Grantee, its successors and assigns, forever. And Grantors, for themselves and their heirs, personal representatives, and assigns, do covenant, grant, bargain, and xigree to and with Grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents they are well seized of the Property; have good, sure, perfect, absolute, and indefeasible estate of inherit*ncc, in law, in fee simples and have good right, full power, and lawful 2582383 8-1636 P-1287 12/03/1997 03:46P PG 1 OF 4 REC DOC Weld County CO JA Suki Tsukaaoto Clerk S. Recorder 21.00 22.29 (HFMI 11/24/97) 11 EXHIBIT 16I/ • f I AME 6 9 2 authority to grant, bargain, sell, and convey the same in manner and form as aforesaid; and that, except as hereinafter provided, the same are free from all former and other grants, bargains, sales, liens, taxes, assessments, and encumbrances of whatever kind or nature soever; and Grantors do hereby warrant the title to the same, subject to all easements and rights-of-way in place or as now existing or of record; protective covenants of record, if any; any restrictions, reservations, or exceptions contained in any United States or State of Colorado Patents of record; all zoning and other governmental rules and regulations; general property taxes for the current year; and expressly subject to all of the following: Leases and Tenancies: None. Mineral Exceptions or Reservations: Those of record. Mortgages or Deeds of Trust: None. tetained Property. The parties hereto acknowledge that the Property (i.e., the real property being conveyed to Grantee by this Warranty Deed) adjoins a parcel of land which is owned by, and' being retained by, Grantors' (the "Retained' Property"-) . The legal description of the Retained Property is the West 1/2 of Section 17, Township 9 North, Range 67 West of the 6th P.M. , Weld County, Colorado. Reservation of Easements. Grantors hereby except and reserve unto themselves, their heirs, personal representatives, assigns, and invitees, forever, the following easements and rights-of-way: 1. First Easement. A non-exclusive, perpetual easement and right-of-way (the "First Easement") over and across the most northerly thirty feet (30') of the Property and the most southerly thirty feet (30') of the Property (the "First Easement Property") . The First Easement shall entitle Grantors to use the First Easement Property (i) for the installation, construction, repair, maintenance, and use of access roads providing vehicular, pedestrian, and equestrian access from Weld County Road 17 to the Retained Property, and (ii) for the installation, construction, repair, maintenance, and use of utility lines, which may be aboveground. Grantee shall not construct any obstruction on, across, or at tli boundaries of the First Easement Property. 2. gecond Easement. A non-exclusive, perpetual easement and right-of-way (the "Second Easement") over and across the real property which is described as follows (the "Second Easement Property") : 2582383 B-1636 P-1287 12/03/1997 03:46P PG 2 OF 4 (HF&M 11/24/97) - 2 RAME Beginning at the southeast corner of Section 17, thence 0693 north along the eastern section line thirty (30) feet to the true point of beginning, thence north twenty (20) feet, thence westerly and parallel to the south section line to a point fifty (50) feet north of the south quarter corner, thence south twenty (20) feet, thence easterly and parallel to the south section line to the true point of beginning; and Beginning at the northeast corner of Section 17, thence south thirty (30) feet along the east section line to the true point of beginning, thence south twenty (20) feet, thence westerly and parallel to the north section line to a point fifty (50) feet south of the north quarter corner, thence north twenty (20) feet, thence easterly and parallel to the north section line to the true point of beginning. All located in Section 17, Township 9 North, Range 67 West of the 6th P.M., Weld County, Colorado. The Second Easement shall entitle Grantors to use the Second Easement Property for the installation, construction, repair, maintenance, and use of utility lines, which may be aboveground. Grantee shall not construct any obstruction on, across, or at the boundaries of the Second Easement Property. All provisions of the First Easement and Second Easement, including the benefits and burdens thereof, shall be deemed to run with the Property and the Retained Property. Grantors, for themselves and their heirs, personal representatives, and assigns, do covenant and agree to and with Grantee, its successors and assigns, that Grantee, its successors and assigns, shall and may lawfully and at all times hereafter peaceably and quietly occupy, possess, and enjoy the Property hereby granted, or intended so to be, with the appurtenances, without the lawful hindrance or molestation of Grantors, their heirs, personal representatives, and assigns, or of any other person whomsoever, by or with their consent, privity, or procurement. IN WITNESS WHEREOF, Grant s have executed this Warranty Deed the day and year first abo written. 3 A/1,'" GREG R-:1 REEVE 3.1e& / -1 41.5e NATTY EPLAZ S (HF811 11/24/97) - 3 - 2582383 8-1636 P-1287 12/03/1997 03:46P PG 3 OF 4 1111 • ZAME STATE OF COLORAT;? ) ) 6 94 ' as. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this 1st day of December, 1997, by GREG R. REEVES and PATTY DEPLAZES. WITNESS my hand and official seal. My commission expires: g. 0-„?00D -'oV�i�^�' Notary Public s1'1Bl�v' fJ,• 2582383 B-1636 P-1287 12/03/1997 03:46P PG 4 0r 4 (HF&M 11/24/97) - 4 UTILITIES 1 ?:�3PF 1 A PRIME 970 22B ir-...:-.-„_,__e.:01--'1998 Fc-m No. OFFICE THE STATE ENGINEER ;'` -' COLORADO DIVISION OF WATER RESOURCES `•8 Centennial Bldg., 1313 St:a'rnAr:St., c rv4r, ,oio•'tt�� C2C5 (303) 666-3581 S � L C WELL PERMIT NUMBER 206533 - . APPLICANT DI I CNrr. 62 E^1'D 3 DES. BASIN MD Lot: Stock: Filing; Subdiv: APPROVED WELL LOCATION WELD COUNTY CR=GOR`? M PEEVES FATTYDEPLP,ZES SW 1/4 . SE 1/4 Section 17 16058 WOR 96 Twp 9 N RANGE 67 W 6th P.M. NUNN CO 80648- DISTANCES PROM SECTION LINES (970)897-2 39 500 Ft. from South Section Line PERMIT TO CONSTRUCT A WELL2_100 Ft. from East Section Line —1 ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDmONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water rigr;t from seeking relief in a civil court action. 2) The construction, of this well shall be in with the Water Well Construction Rules 2 CCP. 402-2, unless I approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Ar grove.' pursuant to CRS 37-92-6022(3)(b)(4)(A) as the only well on a tract of land of 40 acres described as ;he SW 1, SETA, Sec. 17, Twp, 9 N, Rng. 67 W, 6th P.M., Weld County. 4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside up to 3 single family dwellings, the irrigation of not more than one acre of home gardens and !awns, and the watering of domestic animals. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The return flow;; from the use of the well must be through an individual waste water- disposal system of the non-Cvaparati•,e type where the waterreturned is to the same stream system in which the well is located. 7) This well shall t✓ ' cohstru,teu no more than 200 feet from the location specified on this permit. 72. 227- //—/,-9j EXHIBIT I ____Lt____ A.PPRO`!ED 1 P ,„ s:.te c - :— 3-72g. .�s_Ce�pt N;,. 0422,030 7 -E !SSUEn N O V "'r EXPiRATION DATENOV8 ' _ r �,iT 1 :f� —_?I— _ 2gt="1 F .O�1 PRUDENTIALPRIME =+%o — _ ---- a Form OFFICE OF THAITATE ENGINEER u'':^,` 2$ . COLOP DO .. 1313DIVISION OF WATER RESOURCES 815 Cor 9!- tal e'C�.. 1313 Sherman St.,Oorp�vr, � `.c ado SU O3 (303) 866-3551 LI C WELL PERMIT NUMBER 206534 i AFPLi::A T IDIV. 1 CN T r`. 62 WD 2 DES- BASIN MD T - - _-1 Lot: Block: Fi;ir-y: Subdiv: APPROVED WELL LOCATION WELD COUNTY GREGORY R REEVES 43. FATTY DEFL ZE SE 1'4 SE 1/4 Section 17 16058 WCR 95 Twp 9 N RANGE 67 ,Ai 6th P.M. NUNN CO 80648- DtSTANCES FROM SECTION LINES (970)897-2439 1 000 Ft. from South Sectic n Line 500 Ft. from East Section Line PERMIT TO CONSTRUCT A WELL ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL �: This well shah be used in such a wayas to cause no material njury to existing water ri9i� i ts. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Res 2 C'CR 402-2, unless approval of a variance has beengranted bythe State Boardof of ,. i C -, Examiners _ Water Well �,0!'::,.`ucti and Pump Installation Contractors in accordance with Rule 16. 3) Approved pursuant to CR5 317-92-602(3)(b)(I1)(A) as the only well on a tract of land of 40 acres d?scribed as the SE _/{, SE y.•a, Sec. 17, Twp. 9 N, Rng. 67 W, 5th P.M., Weld County. =•) The use of ground water from; this well is limited to fire protection, ordinary household purposes inside up to 3 single family dwellings, the irrigation of not more than one acre of home gardens and fawns, and the watering of domestic animals_ 5) The maximum pumpirc rate sriall not exceed 15 GP*'it, 6) The return few from the use of the well must be through an individual waste water disposal system of the r on-evaporat"v'e type where the water is returned to the same stream system in whi^h the well is located. I 7 This .e she'. be constructed not mc-e than 200 feet from the location specified on this permit, rii•�- /!/7-97 C. t . APPROVED //7 .42_ i • � "'� 72-7 ". _ ___________,,,„ ,.,,,,_-_, �'ff:tD ___ S...=ry:nafrt 1 �j f UGC J'. 1 r. 042302-,� ISSUED ❑ Ey _ _ i�AAAE SSUE� NOV .997 _XPlFA T ION DATE )4 0Y I .� 1;399 To: Board of County Commissioners Weld County. Colorado Connie Herbert, Chair From: Tom S ' John Neis Brunello, LL 2229 Iroquois Drive Fort Collins, CO 80525 Date: July 7, 1998 RE: In June we met with Julie Chester of the Planning Services Department and subsequently are modifying our application to meet criteria of the Weld County Subdivision Ordnance for a recorded exemption. Our application includes two changes: 1. The exemption will be changed so that both properties will be accessed from Weld County Road 17 which is an improved gravel road. Neither parcel will require access from Weld County Road 104 which has not been improved. 2. The property will be divided along a natural creek bed which provides for an exemption that takes into account the topography of the land. Please see the attached exhibit which shows the approximate location of the property lines and the resultant acreages. EXHIBIT a piz a . 0 0 f r ! wr.e r .}• 0'4v 4 � ^ia1r �'y,B.n awl a r K. :.• ram.,.S. 1':.i".r' „,;„",Ml,.+s----,A it a• IN,1 w r*�4 6' 1 4r , �'"i4�4: f w l il r f" ;,Jri '"'V+I" artrt{ t•-r i ¢^..2"• -',1 �� Yaw ' • [.;.:. 11. r r� r 4, 0;24.� , r• 1� ,. • 1NI ° rif) ;'•;!..• 4..41 „...1., . . ,.. .7 ., �'P elpW *ir r• o•+r i' G..�I.t,• 1 } 2y P l�w,r +T p aft 0„,HP c..,�,t.... . i ?y1 r 1 a i 4�P' r*�"31�*!+T -31•� `ji , , ry N+k',tIi IPI w :• '.(i ,•)(Al :•a•r 4;:.'rt IF ell r TT• .'2 ..,,-elel '- "PNff I^P'-.I' 'p1� Y4t'yt,L. r 1 F.qw L'k i I +4 t t . •.*t • F, M rJ6,IJrry y 4"7 d1.r•,',i t- •:��w ,r�••w•r..' ? f t • 1•� � � �I r I'Sk�P+<•I'9'� ,1, �w"•�x�J r �^N1 k, f'�'�P't+ry Y, � P• + "ti^' w "ar" " 4 b ,'1. pkM19 t F f. wh 66:. tw w▪ 1"I"Y1 c"'' r' ` p ,;: r 9x1 If,e riir ''.F. r,tf • M I I� V2/..w�Y'i w ,r1,,yT t.: 4 'r t; {.•'r .., w 1 .i i ,•' .. " Tura 1 Nt S,k S�'f+ t d .91 A • ,l'p� ,� ri f Sar.•,r' .r 9*. 7 Artry � 4; �'w 'e^41, 'nl �FJ�'r I17R%',�r y�y, r+'• ', t'•r�� .? a 4 i� i .'. ,..1.%.,. . i .. ,.....,.[,t. M. Iw ...tr w,r t . + • r Err Al', • • , 4q. * -01 • "N"4�W1'y',',W1 t 3F t, p 'rrS'.gl';w. -16,,,•nnle .•"'• M ,�I. �d - . Sill. ,0 1P! !,:le10,11rit,:lil?1, r;''',.,,t5.,....:1''v.. tp I A ,'',.."11.„1...„,+:06; . ir,.„;, : ;.• "dry r I j.,, ",.I, ..i.t . and l r 1 w �' f .i«.. 'ty, C`,ti • JwM bNI IMd ., th'"Ma } i�'+*, '•�,,I,,,�„+� ▪ `` I ."*,. 3 's�„ l ; Ptlr l v,.-?e' c _ —c , }g'":: , ,. iO4i4,lw1Ft' ", , r",r'' i,. itro A e l " 1 ;fitIlw u F s " 4 " ? •`� • • • 'w `P' t"�I�L11II �1 ¢ ',W Z . . r: i+ " x4 '' • t I . • . I • •t.'i. • .' pwW^� " r �k , a,nc+r .fi^4,j... ,j ' `i • .1 • ../ ....s 1 h WI Mw . 71, • " 0 ', r y4 fie!" int, d j ?�'+ �r t. {,, • q11,'"I "Ni.14Mii . yx'1r . itX . + 4• 7 � , 'y• 't,, . rI • , ' I r • ' ;At , II ap r1 ,# F .. Vf G• '•S'Y1F ... 'ter 1 r;no-"9 aNPl j4 i-' } John D . Nelson, Ph.D., P.E. 3201 Wedgewood Ct., Fort Collins, Colorado 80525 Ph. (303)226-6466 Weld County Planning Dept. June 30, 1998 Julie A. Chester JUL 0 81998 Current Planner Department of Planning Services REGLIvED Weld County Administrative Offices 1400 N. 17th Avenue Greeley, CO 80631 RE: RE-2225-S2SE4 Sect 17 T9N,R67W,6PM,Weld County,CO Dear Ms. Chester: Through my conversation with you last week,I understand that the application for the above RE has been scheduled for a hearing with the Board of County Commissioners, and that an application for a recorded exemption on the West half of Section 17 has also been scheduled for the same hearing. I own a parcel of land in Section 17 (N2SE4)which is adjacent to both of the parcels under consideration. I also am a member of Brunello LLC the owner of S2SE4 of Section 17. I am unable to attend the hearing and my associate,Tom Smith,will represent my opinions at the hearing. If the RE on the West Half of Section 17 is approved, I believe that the traffic usage on the ROW for WCR 104 would be excessive. My associate and I are willing to submit an alternative plan for a RE that would have access to the proposed parcels only from WCR17. However,even with only four parcels of land in the west half of Section 17, I believe that the traffic on the ROW for WCR104 will be excessive. I also am concerned with the proposed plan for development of the West Half of Section 17. I am currently in the process of designing and building a house and out-buildings on my tract of land and intend to move there. I will graze cattle on the 80 acres that I own. I am opposed to the clustering type of development that is proposed for the west half, and believe that this type of subdivision development will not be conducive to the rural atmosphere that exists there. I will be out of town until July 10, 1998. During that time any questions you have of me can be directed to my associate, Tom Smith. Sincerely, John D.Nelson - JDN/jd = EXHIBIT ! ' REQUEST BY BRUNELLO LLC (Tom Smith and John Nelson) • Recorded Exemption for 34+ and 45+ acre parcels in Tract 4 of East Half of Section 17 (T9N, R67W, 6PM). • Shared access for both parcels off of WCR 104. • Alternative access for East parcel off of WCR17 because of presence of dry wash which can run significant amounts of water during storms. • We are willing to bring in WCR104 from WCR17 to shared access in accordance with Weld County standards. This is a distance of 1155 feet (0.22 mi.). EXHIBIT I Li • CLIENT JOB NO. PAGE OF PROJECT DATE DATE CHECKED DETAIL COMPUTED BY CHECKED BY O 1 1 17 RY 1\1\1"... VJAS)-1 f 0 ki NI ® A A ED\ 4,b 4 44 , n 34+,4c.` - VVC/2 / o It SS / ZG ¢O.0' S�c�-‘0,.1 \ 7 CLIENT PAGE OF [ 0 PROJECT JOB NO. DATE DATE CHECKED DETAIL COMPUTED BY CHECKED BY I k Ar Ak...-r�-cz. to 1 \ A.,GGs-SS CA' R ) 3 4--,4 c , �T G( 08/24/98 06:20 FAX 970 352 2868 WELD PUBLIC WORK 0 006 AGR BEMENT FOR ROAD IMPROVEMENTS FOR WCR 104 THIS • GREEMENT is made and entered into this day of b and between Brune LLCM 2229 raquois Drive,Fort Collins, Colorado, $0525, Larimer Court , devcloper RE-2225 hereinafter`rer d to as Dev z Brunello and etl� County of We d, State of C orado,- g e Board of County ommissio ersn o et f 1 County, Colo :do, hereinafter re err o as County, with offices located at 915 Tenth Street, Greeley, Colo .do, 8063 . WI I SSETH: WHE AS,the Developer has obtained approval for a RE-2225,hereinafter referred to as the Dcvelopm-nt, and WHE' AS, WCR 104 will be improved by Brunello, LLC for the first 1,320 feet west of the interseetio I of WCR 17 NOW, HEREFORE, in consideration of the mutual promises and covenants contained herein, the p: ' es hereto agree as follows: 1. RM e term of this Agreement shall be from the date first written above to the completion of road improvements 2. !: _ M ONS OF THE COUNTY Upon completion of the road improvements and the filing of a State of Substantial Compliance, the developer may request in writing that the County Engineer inspect the road and recommend that the Board of County Commissioners accept it for maintenance by the County. If the County Engineer finds that the road is constructed according to county standards,he shall recommend acceptance of the road for full maintenance. Upon receipt of a positive unqualified recommendation from the County Engineer for acceptance of the road,the board of County Commissioners shall accept said road as public facilities and County property,and shall be responsible for the full maintenance of said road including repair. :. The standard of review shall be based upon Section 20 of Weld County Ordinance 180 which reads in relevant part as follows: Before a public road can be accepted by the Board of Weld County Commissioners for maintenance,the road must meet the following minimum conditions: 08/24/98 06:27 TX/RX NO.2125 P.006 08/24/98 06:20 FAX 970 352 2868 WELD PUBLIC WORK Z 007 20.1 The ro shall be surveyed to determine right-of-way lines. 20.2 The wi.th of the right-of-way cannot be less than thirty(30)feet wide_ The road shall serve a mini du urn of three legal lots, two or which must have taxable improvements. Properties abu ".= the intersection of the road under consideration for acceptance and an existing publiel, -maintained road do not count toward the required three lots_ 20.3 The m'nimum road width shall be 18 feet or meet the minimum design guidelines for the anticip.,ted traffic. (See Appendix"E") 20.4 The rod must be adequately graded and drained. 20.5 A mini um of two inches of crushed rock must be provided on the traveled surface, or if recess. , additional material may be required to support anticipated traffic loads_ 20.6 The ro cannot be fenced or gated., but if there are cattle in the area, a cattle guard can be installe. in accordance with the County cattle guard policy_ 3. •BLIGATIONS OF TT-TE DEVELOPER Developer agrees that no recording of the plats is to occur until the work is performed and accepted by the County which work is to be performed by October 15, 1998. . In Ithe alternative, Developer may post collateral in a form acceptable to the Board and in accordance with the Weld County POLICY REGARDING COLLATERAL FOR IMPROVEMENTS_ In order to establish the amount of Collateral required,the Developer shall submit quotes from at least three reputable road contractors for consideration. Except for the negligence of the County,Developer shall indemnify and save harmless County, its successors, assigns, employees, and agents from any damage or loss sustained by them or any of them arising by reason of Developer's negligence with respect to the installation of improvements to the right-of-way. 4. EVER ABILITY any term or condition of this Agreement shall be held to be invalid, illegal, or nenlorceable, this Agreement shall be construed and enforced without such .rOVision to the extent that this Agreement is then capable of execution within the .rwinal intent of the parties hereto. 08/24/98 06:27 TX/RX NO.2125 P.007 08/24/98 06:20 FAX 970 352 2868 WELD PUBLIC WORK a 008 5. NO THIRD PARTY BENEFICIARY ENFOR CEMENT It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than]the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 6_ MQDIFICATrON AND BREAj •'s Agreement contains the entire agreement and understanding between the parties . this Agreement and supersedes any other agreements concerning the subject matter •f this transaction, whether oral or written No modification, amendment,novatian, enewal, or other alteration of or to this Agreement shall be deemed valid or of any i oree or effect whatsoever,unless mutually agreed upon in writing by the undersigned .artics. No breach of any term, provision, or clause of this Agreement shall be •eerned waived or excused, unless such waiver or consent shall be in writing and ..igned by 1 party claimed to have waived or consented. Any consent by any party ereto, or waiver of, a breach by any other party,whether express or implied, shall .of constitute a consent to,waiver,of,or excuse for any other different or subsequent .reach. 7. 0 WARRANTY either County nor Developer, by virtue of their entering into this Agreement and pon their promises to perform the work described herein,make warranties, either xpress or' implied, that the improvement work and/or maintenance of these roads eet standards other than those generally required for counties and cities of the size d type similar to County. 8. :INDIN his agreement shall be binding on the heirs, successors, and assigns of the parties_ 08/24/98 06:27 TX/RX NO.2125 P.008 08/24/98 06:20 FAX 970 352 2868 WELD PUBLIC WORK 0 009 IN'WI NESS WHEREOF the parties hereto have signed this Agreement this day of I , 19 BY: BY: John D.Nelson Tom T. Smith Brunello,LLC (Notary) ATTEST: COUNTY OF WELD, STATE OF COLORADO, by and through the Board of County Commissioners of Weld County BY: Clerk to the Board Constance L. Harbert, Chairman APPROVED AS TO FORM; County Attorney wcr 104_pjg 08/24/98 06:27 TX/RX NO.2125 P.009 Hello