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RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION #1925 - CLAYTON AND LOIS CLAUS
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), CRS, as amended, did determine 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 #1925, does not come within the purview of the
definition of the terms, "subdivision" and "subdivided land", and
WHEREAS, the request for Recorded Exemption #1925 was submitted by Clayton and
Lois Claus, 3759 Weld County Road 36, Platteville, Colorado 80651, for property which is
located in part of the SE114 of Section 3, Township 3 North, Range 68 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 58 acres and 28 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 #1925 submitted
by Clayton and Lois Claus be, and hereby is, approved conditional upon the following:
1. A Weld County septic permit is required for any proposed home and shall be
installed according to the Weld County Individual Sewage Disposal System
(ISDS) regulations.
2. Prior to recording the plat:
A. The applicant shall submit proposed building envelopes for both Lot A
and Lot B to the Department of Planning Services for review. After
approval by the Department of Planning Services, the proposed building
envelopes shall be delineated on the plat.
B. All accesses shall be delineated on the plat. In addition, the plat shall
show a joint access easement located on the property line between
Lots A and B to be used for the benefit of said Lots A and B, and for the
benefit of the lot created by SE #576 and Lot B of RE #1860. Said
access easement shall be dedicated on the plat for the use as shown
thereon utilizing the language set forth in Section 11.7.1.12.5 of the Weld
County Subdivision Ordinance.
961569
i; PL-j CL4-445 RE1925
•
RE #1925 - CLAYTON AND LOIS CLAUS
PAGE 2
C. The following note shall be placed on the plat:
I) All proposed or existing structures will or do meet the minimum
setbacks for the zone district in which they are located.
D. The applicant shall provide to the Weld County Department of Planning
Services staff evidence of the transfer of irrigation water, or rights or
shares thereof, to and for the benefit of both Lot A and Lot B in amounts
sufficient for a full season's irrigation for growing crops thereon. Such
transfer may be by deed, reservation, grant, dedication, or other legally
sufficient mechanism of transfer.
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 9th day of September, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
4.00"'r.ons„ WELD COUNTY, COLORADO
)4,41141/tik_ trA_Je
, ida444
Barbara . Kirkmeyer, C it
l • ;��°
issi 'AMM -:•, anty Clerk to the Board
,0® �`-• org . Baxter, Pr Tem
`Aft Deputy CI-i to the Board
Dale K. Hall
AP V AST ORM.
Constance L. Harbert
Z ,
unty Attorn
W. H. We ster
961569
RE1925
0 •
Clayton Claus
3759 WCR 36, Platteville. CO 80651
September 9, 1996
Weld County Commissioners
915 10th Street
Greeley, CO 80631
Dear Commissioners:
As you are aware from a previous April appearance this year, I am in the process of selling our
family cow/calf farming operation. This is mainly because the profit base has deteriorated due to
the encroachment of the City of Mead on to ground previously rented for farming; and additionally,
because of the inherent problems we have caused our neighbors due to noise, odors, inconsistent
hours, not to mention the huge liability to us that comes with farming within city limits.
Like any other citizen,I believe I should receive fair market value for my farm. However,the current
market value of my land exceeds the income-producing potential of its current use as a cow/calf
operation. Therefore, it has become necessary for me to break my farm down into smaller stand-
alone units that can be purchased by separate individuals.
I am requesting the approval of this recorded exemption to allow me to separately sell a 28 acre and
a 58 acre stand-alone parcel of ground. The revenue from the sale of this land will be used partially
to off-set some losses accrued during the recent slump in the cattle market, but mainly to purchase
replacement properties more suitable to cow/calf operations and other properties as necessary for my
estate planning.
I believe that this request is compatible with the intent of the recorded exemption process since the
split I am requesting will not affect the agricultural productivity of the parcel as a whole. The
boundary is a common road so no new access and/or roads are required. The 28 acre parcel's source
of irrigation water is from the Parmelee Reservoir; while the source for the 58 acre parcel is obtained
directly from the Highland Ditch. The soils on this parcel are good soils,but in my opinion, are not
prime soils. This is because of the slope on these soils and the fact that the soils are very susceptible
to erosion and therefore, cannot be considered "Prime." I should also point out that no referral
agencies contacted had any objection to the division as proposed, including the City of Mead. Since
this parcel does lie within the development bounds of the City of Mead(who had no objection to the
recorded exemption)this should be given a great deal of weight as you make your decision.
EXHIBIT
Ii �A,
• •
Weld County Commissioners
September 9, 1996
Page 2
Your approval of the recorded exemption this year in April was very much appreciated. It has
allowed my son to reduce his debt load and relocate his farming operations. It has also allowed
better long-range estate planning for me and my wife. Through that recorded exemption, a 75 acre
lot was created with the possibility of one building permit being issued. The approval of this request
will make available one more possible building permit above what is now available. This is not in
any way excessive, nor can it be called trying to create a subdivision.
I do not consider myself to be a developer interested in subdividing my land into small residential
lots. I do not want that risk at this time in my life. I do, however,consider myself a citizen of Weld
County with property rights. As such, I wish to sell my farm, within recognized guidelines and
limitations, so that I can keep part of my family in the farming business and at the same time plan
for a decent retirement for me and my wife.
Thank you for your consideration of my request.
Sincerely
Clayton C aus
961.569
LIND, LAWRENCE & OTTENHOFF
ATTORNEYS AT LAW
THE LAW BUILDING
1011 ELEVENTH AVENUE
P.O. BOX 326
GREELEY,COLORADO 80632
GEORGE H.OTTENHOFF TELEPHONE
KENNETH F.LIND (970)353-2323
KIM R.LAWRENCE (970)356-9160
TELECOPIER
JEFFREY R.BURNS (970)356-1111
November 6, 1996
Weld County Planning Dept.
Bruce Barker
Weld County Attorney NOV 0 8 1996
P .O. Box 1948
Greeley, CO 80632
Re : Recorded Exemption No. 1925 (Claus)
Dear Bruce,
Enclosed is a copy of a Quitclaim Deed which I have prepared
which I believe comports with the requirement of condition 2 (d)
concerning the above referenced Recorded Exemption. Water rights
are not normally conveyed by deed, however, due to the language in
2 (d) "for the benefit of both Lot A and Lot B", it was my opinion
that a deed transfer was necessary even though Mr. and Mrs . Claus
already own the above referenced water rights .
Additionally, the 2 (d) condition requires that the water be
sufficient for a full season' s irrigation for growing crops . The
above water rights do meet that requirement and I can provide you
the following information: Ish Reservoir historically deliver 5%
acre feet of water per share (5 x 5% = 27 . 5) . Ish Reservoir is
delivered through the Highland Lake Lateral Ditch Company and that
is why the deed includes the shares of Highland Lake Lateral .
Highland Ditch historically delivers 29 acre feet per share (3 x 29
= 87) . The PaLmelee Reservoir provides an average of 72 acre feet
per year . The Parmelee Reservoir is located upon lands owned by
Claus and the entire reservoir is owned by Claus . Parmelee
Reservoir receives its water through the Highland Ditch Company and
Claus then utilizes the Parmelee Reservoir water for irrigation
purposes .
The total irrigatable land of Lot A and Lot B is approximately
74 acres . The above referenced water rights will provide
approximately 2 . 52 acre feet of water per acre which is more than
needed for the irrigation of these two parcels .
F:\KFL\CLAUS\BARKER.LTR
Bruce Barker
Weld County Attorney
November 5 , 1996
Page 2
Please review the form of the deed and if you have any
requested modifications or if you need additional information,
please call me . The mylar plat has been delivered to the
Department of Planning Services and is ready for recording pending
your review of the deed and this information. Assuming that the
deed and information is adequate, we will deliver the signed deed
to the Department of Planning Services (along with the recording
fees) so that the plat and deed can be simultaneously recorded.
Very truly yours,
LIND, ,7CE TENHOFF
Ken th F . Lind
KFL/cg
Enclosure
pc : Department of Planning Services
Clayton and Lois Claus
F:\KFL\CLAUS\BARKER.LTR
QUITCLAIM DEED
o'
THIS DEED, Made this /D- d of November, 1996, between
CLAYTON C. CLAUS and LOIS J. CLAUS --f the County of Weld and
State of Colorado, grantors, andCLAYTON C. CLAUS and LOIS J.
CLAUS, whose legal address is 3759 Weld County Road 36, Platteville
80651, of the County of Weld, and State of Colorado, grantees,
WITNESSETH, That the grantors, for and in consideration of
the sum of TEN DOLLARS ($10 . 00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, hereby sell and quitclaim unto the grantees all the
right, title, and interest of the grantors in and to the following
real property, together with improvements, if any, in the County of
Weld and State of Colorado :
Lot "A" of Recorded Exemption No . 0 25 pursuant to the
plat recorded on November 15 , 1996 in Book 1577 as
Reception No . Z S'. O'] (q and located in part of the
Southeast Quarter (SE14) of Section Three (3) , Township
Three (3 ) North, Range Sixty-eight (68) West n£ the 6th
P.M. This conveyance includes the following water rights
which are for the benefit of Lot "A" as follows : One (1)
share of the capital stock of Highland Ditch Company; One
(1) share of the capital stock of the Ish Reservoir
Company; and Four (4 ) shares of the capital stock of
Highland Lake Lateral Ditch Company.
IN WITNESS WHEREOF, The grantors have executed this deed on
the date set forth above .
ri...„...,_ i ) L( {_2J (ill �'c�
CLAYT C. CLAUS L S J. CLAIt
STATE OF COLORADO )
ss .
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this
/D - day of November, 1996 by Clayton C. Claus and Lois J. Claus .
WITNESS my hand and official seal .
My comm -.::.....‘,xpires : /�. aOGb
r:oL SCHA N
F
AST) .
I Notary P lic
I •
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My Can 06/17/2000
QUITCLAIM UED�
THIS DEED, Made this /O tG d y 9f November, 1996 , between
CLAYTON C. CLAUS and LOIS J. CLAUS biT the County of Weld and
State of Colorado, grantors, and CLAYTON C. CLAUS and LOIS J.
CLAUS, whose legal address is 3759 Weld County Road 36 , Platteville
80651, of the County of Weld, and State of Colorado, grantees,
WITNESSETH, That the grantors, for and in consideration of
the sum of TEN DOLLARS ($10 . 00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, hereby sell and quitclaim unto the grantees all the
right, title, and interest of the grantors in and to the following
real property, together with improvements, if any, in the County of
Weld and State of Colorado :
Lot "B" of Recorded Exemption No . Jcf 2S pursuant to the
plat recorded on November 15 , 1996 in Book 15"77 as
Reception No. 252071 1 and located in part of the
Southeast Quarter (SE1/,) of Section Three (3) , Township
Three (3) North, Range Sixty-eight (68) West of the 6th
P.M. This conveyance includes the following water rights
which are for the benefit of Lot "B" as follows : Two (2)
shares of the capital stock of Highland Ditch Company;
Four (4) shares of the capital stock of the Ish Reservoir
Company; and Eight (8) shares of the capital stock of
Highland Lake Lateral Ditch Company.
IN WITNESS WHEREOF, The grantors have executed this deed on
the date set forth above .
ezz„,
CLAYTO C. CLAUS L I J. '21,Ad-.
STATE OF COLORADO
ss .
COUNTY OF WELD
The foregoing instrument was acknowledged before me this
/d-day of November, 1996 by Clayton C. Claus and Lois J. Claus .
WITNESS my hand and official seal .
My commission expires : 94%‘—Ate / 7i .z000
Q.... ••• . Notary P lic
��'••�'oT ARC o ,,$
F:\KFL\CLADS\f•TER.QCD �•
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• •
RECORDED EXEMPTION CRITERIA CHECKLIST
Staff Use
1. What is the SCS soil classification for this site? Fes`,i.,
Yes No N/A
2. Will the proposed configuration of the site make future farming practices 2. Lot A ,o/ o o
less efficient? 11.3 Lot B ,af o o
3. Will either of the lots be used for agricuttural production? 11.3 3. Lot A o vra o
Lot B b o ❑
r •
4. Is the applicant willing to place a conservation easement or some other 4. Lot A o „41 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 ,,o' ❑ 0
as cited in Ordinance 180? 11.3.13.4 Lot B ,,E1/ ❑ ❑
6. Will the site utilize existing housing? 11.3.6 6. Lot A o ,,d o
Lot B o ,,S' ❑
•
7. Will the applicant designate a building envelope on either lot? 11.3.8 7. Lot A o ,mod u Lot B o v❑
8. Is the in-house use water supply sufficient in terms of quality, quantity and 8. Lot A „Et' a a
dependability? 11.3.4 Lot B �d ❑ ❑
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 t ❑
permit. 11.3.4
10. Has irrigation water been removed from the site? If so,when 10. Lot A ❑ ❑
11.3.4 Lot B ❑ X ❑
11. Is the proposed land division consistent with current or future land use patterns? 11. ❑ a
11.3.9/11.3.10/11!3.11
12. This application does not create lots which would make further land divisions 12. o ,ii" a
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 -ar ❑
recorded exemption. 11.8.8 Lot B o La' ❑
14. How many recorded exemptions are adjacent to this parcel or Section ?
When were they created? T.), r,•?/ p IDA PcL-.j T „ (-0, :�T
f, I-I,; \ - ; /)I A ) ,f, 1')e.iJ^._I 7?C 1.1 f f f h•i.
11.3.9111.3.10111.3.11
Ye No N/A
15. Are surrounding parcels larger than the minimum lot size? 11.3.10 15. 6. o
16. Are there unique physical characteristics on this site?11.3.13.8 16. Lot A ❑ ,r' o
Lot B o Vd ❑
•
S
Yes No N/A
17. Is the site in compliance with the zone district regulations and applicable Weld 17. Lot A ;Q ❑ ❑
County Health Department requirements? 11.15 Lot B o ❑
..........
Engineered Sewage System(s)
Yes No N/A
❑ ❑ ❑
18. Does this request comply with the Weld County Comprehensive Plan or 18. Comp Plan o ❑ ❑
applicable Intergovernmental Agreements 11.19 IGA ❑ ❑
IGA
19. What is the proposed use of the site?
Lot A VL>IDE J TI tl
Lot B r. ,$ r-
20. Did the referral agencies recommend approval of this request? 20. Yes No N/A
If no, why not? ❑ ❑
21. What impact, if any,will this land division have on adjacent properties?
STAFF USE ONLY
Date Received
Size of Parcel
Legal Description
Location
APPROVED-BOARD OF COUNTY COMMISSIONERS HEARING:
Date
STAFF APPROVED:
Date
F
STAFF SUMMARY
Case Number: RE-1925
Planner: Chris Goranson
Applicant's Name: Clayton Claus
Request: Application for a recorded exemption to split an 86 acre parcel into two lots
of 28 acres and 58 acres, more or less.
Legal Description of Property: Part of the SE4 of Section 3, T3N, R68W of the 6th
P.M., Weld County, Colorado.
Location: North of and adjacent to WCR 36; west of and adjacent to I-25.
Proposed Use: residential development, possible limited agricultural use
Proposed Lot size: Lot A = 28 acres, more or less
Lot B = 58 acres, more or less
Proposed Water Supply: Both lots are proposed to be serviced by Little Thompson
Water District water taps.
Proposed Sewage Disposal: Septic systems are proposed for both lots.
Access: Two accesses are existing off of WCR 36. One access is proposed as a joint
access for both Lot A and Lot B. This access also serves another
residential lot to the north. Another access exists on the east end of the
property.
Staff Recommendation:
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS
REQUEST BE DENIED FOR THE FOLLOWING REASONS:
1. It is the opinion of the Department of Planning Services's staff that the applicant has
not shown compliance with the Agricultural Goals and Policies of the Weld County
Comprehensive Plan, as amended:
A) A. Goal 1 : Preserve prime farmland for agricultural purposes which foster
the economic health and continuance of agriculture.
961569
• •
The applicant has demonstrated no desire to continue farming on this piece of
property. The recorded exemption, if approved, would create two smaller
parcels, both less than the minimum lot size in the A District that would not be
viable farming operations on their own. The applicant has not demonstrated any
interest in building envelopes, or conservation easements.
B) A. Goal 3 Discourage residential, commercial, and industrial development
which is not located adjacent to existing incorporated municipalities.
While the subject property is approximately 1/2 mile from the Town of Mead,
there has not been a cohesive attempt to develop the subject property in the
most efficient manner possible. It is the opinion of the staff that planning issues
regarding residential development on the property have not adequately
addressed the original agricultural uses.
In 1996, a 298 acre tract (more or less) was divided by deed into three parcels,
tract #1 was approximately 90.73 acres in size, tract #2 was 82.23 acres in size,
and tract #3 was approximately 124.748 acres in size. From these three
remaining parcels, three additional lots were created. On April 24, 1996, the
Board of County Commissioners approved a recorded exemption in conjunction
with a subdivision exemption on tract #2 resulting in three lots, two of which had
residences. It was later determined by staff that a 4 acre parcel on the northeast
corner of tract #1 could be excepted because it was severed by a deeded right-
of-way. Within the process of a year, the original 298 acre tract had been
severed into six lots. With the approval of this recorded exemption, that number
would become eight.
When the applicant first approached the county about potential development of
the property, the subdivision processes were discussed and provided as options
should the applicant decide to create more than the two lots through the
recorded exemption process. It is staffs opinion that the resulting splits are an
evasion of subdivision regulations in the interest of creating residential lots, with
little or no interest in protection of the agricultural use of the property. Any
subdivision of land within the county that results in the creation of two or more
lots when the majorityof the lot sizes are less than the minimum lot size in the
respective zone district (80 acres in the A (Agricultural) District) should be
subject to additional requirements and considerations covered by the subdivision
processes. Adequate standards that should have been addressed through the
subdivision process have not been addressed nor reviewed by the applicant.
The purpose of the subdivision procedures in part are to review the type of costs
associated with residential development (including economic and
environmental.) Without preparation for future land use patterns, it is impossible
to anticipate locations for schools, parks, and traffic circulation systems that will
9061569
•
require additional improvements each time someone decides to develop.
Approval of this recorded exemption will result in an increase of urban sprawl
and row-type development, which is indeed consistent with the area. However,
consistency of this type only makes the situation more incompatible rather than
compatible.
2. The submitted materials are not in compliance with the application requirements of
11.4.2.1 through 11.4.2.6 of the Weld County Zoning Ordinance, as amended:
A) Section 11 .4.2.3 of the Weld County Subdivision Ordinance, as amended:
Consistency with the intent of the district the recorded exemption is located
within as expressed in the Weld County Zoning Ordinance.
Agriculture in Weld County is considered a valuable resource which must be
protected from adverse impacts resulting from uncontrolled growth, including
residential land uses. The A District is intended to provide areas for the conduct
of agricultural activities and related activities, including agricultural production
without the interference of other incompatible residential land uses, like
uncontrolled residential development.
B) Section 11 .4.2.4 of the Weld County Subdivision Ordinance, as amended:
Consistency with the purpose of Section 1.3 of this Ordinance.
This request does not result in a well-planned subdivision and does not
establish any guidelines for design and improvement, nor does it assist orderly
and integrated development. Agriculture on the site is not preserved by this
request and is not promoted to its most productive agrarian use.
C) Section 11.4.2.5 of the Weld County Subdivision Ordinance, as amended:
Compliance with the recorded exemption standards set forth in Section 11.8 of
this Ordinance.
Section 11.8.10 states that the recorded exemption shall not evade the
statement of purpose as set forth in Section 1.3 of this Ordinance. It is staffs'
belief that the recorded exemption attempts to evade Section 1.3 of the Weld
above under Section 11.4.2.4
County Subdivision Ordinance, as explained ,
letter B.
96:1.59
0 •
ADDITIONAL AND NEW LANGUAGE FOR
CONDITIONS OF APPROVAL FOR RE-1925
Additional language for Condition 2.a.:
2. b. In addition,the plat shall show a joint access easement located on the property
line between Lots A and B to be used for the benefit of said Lots A and B, and for
the benefit of the lot created by SE-576 and Lot B of RE-1860. Said access easement
shall be dedicated on the plat for the use as shown thereon utilizing the language set
forth in Section 11.7.1.12.5 of the Weld County Subdivision Ordinance.
New language for Condition 2.d.:
2. d. Provide to the Weld County Department of Planning Services staff evidence of
the transfer of irrigation water, or rights or shares thereof,to and for the benefit of
both Lot A and Lot B in amounts sufficient for a full season's irrigation for growing
crops thereon. Such transfer may be by deed,reservation,grant,dedication, or other
legally sufficient mechanism of transfer.
C:\WPWIN60\WPDOCS\RE 1925.BTB
961.363
•
CONDITIONS OF APPROVAL
Clayton Claus
RE-1 925
1. A Weld County Septic Permit is required for any proposed home septic system,and shall be
installed according to the Weld County Individual Sewage Disposal Regulations.
2. Prior to recording the plat:
a. The applicant shall submit proposed building envelopes for both Lot A and Lot B to the
Department of Planning Services for review. After approval by the Department of Planning
Services, the proposed building envelopes shall be delineated on the plat.
b. All accesses shall be delineated on the plat. a a L{ t L 6 #
c. The following note shall be placed on the plat: All proposed or existing structures will
or do meet the minimum setbacks for the zone district in which they are located in.
w cZ1 LA
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 Board of County Commissioners. The applicant shall be responsible for paying the
recording fee.
961.363
•
RECORDED EXEMPTION FIELD CHECK
CASE NUMBER: RE-1925 DATE OF INSPECTION:08-14-96
APPLICANT'S NAME: Clayton Claus
LEGAL DESCRIPTION: Pt. SE4 of Section 3, T3N, R68W
LOCATION: North of and adjacent to WCR 36: west of and adjacent to 1-25.
LAND USE: N: subdivision !NW)
E: 1-25
S: agricultural production. residences
W: agricultural production, residences
ZONING: N E S W
Unsafe Conditions:
Inadequate sight distance (500' clear view @ 55 mph)
Setbacks/structure from access
Bridge location from access (less than 200')
Weeds
Landscaping
Inadequate distance from road intersection or railroad crossing
X None observed at time of inspection
ROAD SURFACE:gravel
Requested Engineering to inspect site - Y N Date:
Comments: The ground appears to be excellent for farming, and was in wheat. Ground has gentle slope
towards the middle leading north down to the south. Building envelopes would be a necessity if the lots
were allowed: there does not appear to be very much variation in the quality of the ground, except for a
very small portion of proposed Lot A. If so, the building envelope should not be placed any farther to the
north than the adjoining Lot A of the westerly recorded exemption.
Chris Goranson, Current Planner
•
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
O GREELEY, COLORADO 80631
•
COLORADO
July 19, 1996
Clayton Claus
3759 WCR 36
Platteville, CO 80651
Subject: RE-1925 - Located in part of the SE4 of Section 3, T3N, R68W of the 6th P.M., Weld County,
Colorado.
Dear Mr. Claus:
Your recorded exemption application is being processed at this time. If it is determined that the application
meets the approval criteria of the Weld County Subdivision Ordinance, you will be notified that the recorded
exemption is approved. If the staff determines that the application does not meet the approval criteria, you
will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will
be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider
your application and make a final decision on the recorded exemption.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three
miles of the property in question or if the property under consideration is located within the comprehensive
planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials
to the Town of Mead Planning Commission for its review and comments. It is recommended that you and/or
a representative be in attendance at the Town of Mead's Planning Commission meeting to answer any
questions the Commission members may have with respect to your application. Please call Kelly Smith at
(970) 535-4477, for further details regarding the date, time, and place of this meeting.
If you have any questions concerning this matter, please call me.
Sincerely,
Chris Goranson
Current Planner
JACK SCEINEIDER
2137 21st Avenue, Greeley, CO 80631
Home Phone, (970)353-5694 FAX (970)356-8043
November 1, 1996
Chris Goranson, Current Planner
Weld County Department of Planning Services
1400 N 17th Avenue
Greeley, CO 80631
RE: Recorded Exemption 1925
Dear Chris:
I am submitting this Plat for recording. The resolution under which this was
approved calls for transfer of some water stock to these parcels. We are in the
process of transferring water to these parcels and this should be completed within
the next few days. I will be bringing the recorded document to you when this
transaction is completed.
Sincerely
jf,0)1‘- 1
ack Schneider
Representative for Clayton Claus
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ADMINISTRATIVE REVIEW FLOW SHEET
CASE# RE- IaP5-
APPLICANT: Clayton Claus
REQUEST: recorded exemption
LEGAL: Part of the SE4 of Section 3, T3N, R68W
LOCATION: North of and adjacent to WCR 36; west of and adjacent to 1-25.
PARCEL NUMBER: /2O7- C7 — 01
Date By
Application Received 07-15-96
Application Completed 7-/5_"ff,
Referrals listed '7- 969
File assembled 7/ �(4,
Letter to applicant mailed `�011 Io1C9 I ,?
Vicinity map prepared
Referrals mailed 11010(61C:
Chaindexed -1 (72 1q
Field check by DPS staff g /q_ ci&
Administrative Review decision: .
History card completed
,k) Q 1 '' ��G 10^-^) Date By
COMMISSIONER HEARING DATE 5_ 9 96
Surrounding property owners notified
Air photo and maps prepared r 9
CC action:
CC resolution received
History card completed
Recorded on maps and filed /74- (1/I( 7 1 .. ? 1 C t yx,
Overlay Districts
( I."
Zoning ,t f.e tQ2�
Airport Yes No 2o1 03 "`-1 n �4
Geologic Yes No �� �CX2--
Flood Hazard Yes No O
Kok 5 111 S \p
•
APPLICATION FOR RECORDED EXEMPTION
Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631
Phone (970) 353-6100, Ext. 3540, Fax# (970) 353-6312
FOR PLANNING DEPARTMENT USE ONLY: 7 - -` -
APPLICATION FEE "/`-1: i RECORDING FEE
CASE NUMBER RECEIPT NUMBER r
ZONING DISTRICT APPLICATION CHECK BY '<-7
TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures).
! (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: See Attached Exhibit "A" TOTAL ACREAGE: 86 Acres
Has this property been divided from or had divided from it any other property since August 30, 1972?
Yes No x
Is this parcel of land under consideration the total contiguous land owned by the applicant?
Yes No x
Does the parcel of land under consideration lie in any of the following Overlay Districts?
Flood Hazard: Yes—No x ;Airport: Yes_No x ; Geological Hazard: Yes No x
FEE OWNERS OF PROPERTY:
Name: Clayton Claus Home Phone# 970-587-4324
Address: 3759 WCR 36 Work Phone# 970-587-4324
City/State/Zip Code Platteville, CO 80651
Name: Lois Claus Home Phone# 970-587-4324
Address: 3759 WCR 36 Work Phone# 970-587-4324
City/State/Zip Code Platteville, CO 80651
Water Source: Larger Parcel Little Thompson WD Smaller Parcel Little Thompson WD
Type of Sewer: Larger Parcel Septic/Leach Field Smaller Parcel Septic/Leach Field
Proposed Use: Larger Parcel Agriculture/Res Smaller Parcel Atriculture/Res
Acreage: Larger Parcel 58 Acres Smaller Parcel 28 Acres
Existing Dwellings: (Yes or No) No (Yes or No) No
Existing Dwelling Address (if applicable): vacant Land
Larger Parcel Vacant Land
Smaller Parcel vacant Land
I hereby state that all statements, proposals,or tans submitted with this application are true and correct to the
best of my know) ge.a County Panning Dept,.
Signature: Owner or Authorized Agent
J U L 15 1996
R 'EIVED 5
961.5 9
•
Recorded Exemption Questionnaire
for
The Clayton and Lois Claus Property
Responses to Recorded Exemption Questionnaire pertaining to land in the S11%2 of Section 3,
Township 3 North Range 68 West of the 6th P.M., Weld County, Colorado.
1. See Exhibit A, a letter from Little Thompson Water District showing that two additional water
taps can be made available. The proposed Lot A irrigation water is provided through the
Parmelee Reservoir. The irrigation water available to Lot B may include, but is not limited to
water stock in the Highland ditch Company, Highland Lake Lateral Ditch Company and the
Ish Reservoir. Both lots have and will continue to have adequate irrigation to meet the
evaportransporation rates of crops under normal growing conditions.
2. Lot A and B are of sufficient size and the soils are acceptable to enable septic tank/leach
field systems to be installed under Weld County Health Department Guidelines.
3. The property is currently being used as the farm ground to support a cow/calf operation. Lot
A and B will be approximately 27.6 acres and 58.5 acres respectively. None of the land is
considered prime according to the Weld County Comprehensive Plan due to the erodability
of the soils. There currently are no improvements or oil well production facilities on the
property.
4. I am requesting approval of this recorded exemption to facilitate the sale of my property. It is
no longer practical to maintain a cow/calf farming operation within the urban growth of the
Mead area. The boundary split shown on the Map Exhibit "C" and the Boundary Map, is the
best option as Lot A is irrigated from one source of irrigation water while Lot B's water comes
from another. Also, the road separating the two lots is a recorded easement. If homes are
built on these lots, not more than 1 acre of land would be lost to each building site on the
total of 86 acres of non-prime land available. There is a need for small acreage farms as
evidenced by the numerous homes on acreages along WCR 7 and east along WCR 36 near
this proposed site (See Exhibit Maps "B" and "C" that shows various surrounding land
owners in the immediate area).
5. Both Lot A and B are within three-fourths of a mile of the city limits, southwest and northwest
of Mead. Access to the lots will be from WCR 36 east of WCR 7. The present use of the
area is agricultural with residential acreage development occurring to the northwest and high
density housing development to the southwest (See Exhibit Map "B").
6. I am not aware of any adopted "municipal plan" and/or "intergovernmental agreements" that
this proposal would affect.
7. The existing area has several rural acreages as seen along the east side of WCR 7 and also
along the south side of WCR 36 near this property. This proposal would be completely
compatible and will fit in well with the development of the surrounding area (See Exhibit
Maps "B" and "C").
Responses to Recorded Exemption Questionnaire (Continued) Page 2
8. The existing Weld County zoning is agricultural and would fit in well with the immediate area
of small acreages and small farms (see Exhibit Maps "B" and "C"). The proposed use would
be compatible with existing ordinances and the comprehensive plan as it would be the same
use as the existing area.
9. This would be an orderly development as there is no change from the current use. It is still
agricultural and would encourage the continuation of rural family living.
The property is adjacent to existing domestic water, power and propane gas service is
available.
The property will be regulated by Weld County, State and other governmental agencies in
regards to adequate standards.
Since the proposed uses are compatible with the surrounding area, the interest of the public,
homeowner and subdivider are considered to be safeguarded.
This proposal does follow the procedures and standards for recorded exemptions and
thereby secures equitable handling of the plan.
The absence of wooded terrain negates the possibility of injury from fire. Although tl'iis
possibility exists as with any other residence that can be damaged by fire, the close
proximity to the Mead and Berthoud Volunteer Fire Departments would be a great benefit to
the property owners.
There would be minimal effect on agricultural production and would be offset by the
possibility of improving their appearance of existing improvements.
This is an irrigated farm, and there will be water available in sufficient amounts to farm the
property.
The likelihood of families living on the property raising farm animals would be an
enhancement of the rural beauty that exists now.
Again, the property will continue to be used in an agricultural manner. Therefore, there
should not be any changes in erosion, sedimentation, etc.
There is very little likelihood of enough surface being hard surfaced or build on to increase
runoff. In any event, any construction would require a building permit, thereby notifying the
county of such increase in flooding possibilities. The property is not located in any known
flood plains.
There are not any extremely steep slopes that would encourage mud slides.
The Mead School District has a new facility within one and one-half miles and would
probably not locate a facility on this land.
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S 10
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Public Works Department
933 North 11th Avenue, P.O. Box 758, Greeley, Colorado
Phone: (970) 356-4000, Ext. 3750
1. Applicant Name Clayton C. Claus & Lois Claus Phone 970-587-4324
Address 3759 WCR 36 City Plattefille State CO Zip80651
2. Address or location of access 3759 WCR 36, Platteville, Co 80651
Section 3 Township 3 North Range 68 West
Subdivision Block Lot
Weld County Road# 36 Side of Road North N S E or W
Distance from& number of intersecting 3/4 Mile East of WCR 7
3. Is there an existing access to the property? Yes X No # of accesses 2
4. Site Sketch:
IN A
L__
yL ~-`-- (, I T
L c )/Y/-i/r ,3
I' L
I i _ I N '
lc..
CP,cCe3
i
5. Proposed use: iJl t 1}4)
_ Permanent x Residential/Agricultural — Industrial
_ Temporary _ Commercial _ Subdivision _ Other
OFFICE USE ONLY
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement: Culvert Size Length
Other Comments:
Installation authorized Information Insufficient
Special Conditions
Reviewed by: Title:
7
MEMORANDUM
,icto aing
WineeTO: case file RE-1925 September 16, 1996
COLORADO From: Chris GoranscL-, urrent Planner
SUBJECT: Referral from Longmont SCD
This referral was stapled to another planners referral by accident, and was not found until after
the application had been heard by the Board of County Commissioners. Therefore, it was
never included as part of the case.
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
III I ik. 1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
DATE: July 19, 1996 CASE NUMBER: RE-1925
TO WHOM IT MAY CONCERN:
Enclosed is an application from Clayton Claus for a Recorded Exemption. The parcel of land is described
as part of the SE4 of Section 3, T3N, R68W of the 6th P.M., Weld County, Colorado. The location of the
parcel of land for which this application has been submitted is north of and adjacent to Weld County Road 36;
west of and adjacent to 1-25.
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would b preciated. Your prompt reply will help to facilitate the processing
of the application. Please reply b August 1996, so that we may give full consideration to your
recommendation. Please call Chris Go arrson, Current Planner if you have any questions.
Check the appropriate boxes below and return to our address listed above.
1. We have reviewed this request and find that it
does/does not comply with our Comprehensive Plan for the following reasons.
2. We do not have a Comprehensive Plan, but we feel this request is/is not compatible with the
interests of our town for the following reasons:
3. We have reviewed the request and find no conflicts with our interests.
4. A formal recommendation is under consideration and will be submitted to you prior to
5. :- Please refer to the enclosed letter.
Signed: G !/ Agency r�i�> j(
Date: • 6 (/
�" JJJ
Longmont Soil Conservation District
9595 Nelson Road, Box D -Longmont, CO 80501 -(303) 776-4034
Date: August 7, 1996
Weld County Department of Planning Services
1400 N. 17th Avenue
Greeley, CO 80631
SUBJECT: Clayton Claus - Case# RE-1925
This request was originally reviewed in February of this year and at that time there was no
conflicts. In reviewing this present request, response number 3 indicates that their is no "prime"
farmland found in either parcel. According to NRCS soils information, Wiley-Colby complex (81
& 82) are considered as "prime". It appears that some misinformation or misinterpretation of the
soils data exists between NRCS files and Weld County.
Other than the above discrepancy, we can foresee no other problems.
Sincerely,
Luke Stromquist, Vice President
Longmont Soil Conservation District
CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT
. REFERRAL LIST
NAME: Clayton Claus CASE NUMBER: RE-1925
REFERRALS SENT: July 19, 1996 REFERRALS TO BE RECEIVED BY: August 9, 1996
COUNTY TOWNS and CITIES
Attorney Ault
X Health Department Brighton
Extension Service Broomfield
Emergency Management Office Dacono
Sheriffs Office Eaton
X Public Works Erie
Housing Authority Evans
Airport Authority Firestone
Building Inspection Fort Lupton
Frederick
STATE _Garden City
Division of Water Resources Gilcrest
Geological Survey 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
X Berthoud F-2 X 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
Nunn F-12 COUNTIES
Pawnee F-22 Adams
Platteville F-13 Boulder
Platte Valley F-14 Larimer
Poudre Valley F-15
Raymer F-2 FEDERAL GOVERNMENT AGENCIES
Southeast Weld F-16 US Army Corps of Engineers
Windsor/Severance F-17 USDA-APHIS Veterinary Service
Wiggins F-18 Federal Aviation Administration
Western Hills F-20 Federal Communication Commission
OTHER SOIL CONSERVATION DISTRICTS
Central Colo. Water Conservancy Dist. Brighton
Panhandle Eastern Pipe Line Co. Fort Collins
Tri-Area Planning Commission Greeley
_X_RE-1J X Longmont
West Adams
COMMISSION/BOARD MEMBER
961.559
0 0
:111 DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
O 1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
DATE: July 19, 1996 CASE NUMBER: RE-1925
TO WHOM IT MAY CONCERN:
Enclosed is an application from Clayton Claus for a Recorded Exemption. The parcel of land is described
as part of the SE4 of Section 3, T3N, R68W of the 6th P.M., Weld County, Colorado. The location of the
parcel of land for which this application has been submitted is north of and adjacent to Weld County Road 36;
west of and adjacent to 1-25.
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing
of the application. Please reply by August 9, 1996, so that we may give full consideration to your
recommendation. Please call Chris Goranson, Current Planner if you have any questions.
Check the appropriate boxes below and return to our address listed above.
1. We have reviewed this request and find that it
does/does not comply with our Comprehensive Plan for the following reasons.
2. We do not have a Comprehensive Plan, but we feel this request is/is not compatible with the
interests of our town for the following reasons:
3. We have reviewed the request and find no conflicts with our interests.
4. A formal recommendation is under consideration and will be submitted to you prior to
5. Please refer to the enclosed letter.
Signed: Agency
Date:
1C3
SNeld County Planning Dept. •
J U L 2 6 1996
(IH
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
ill I D O 1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO� , e.„re,„gp,
NI- 2 3 t9961
DATE: July 19, 1996 CASE NUMBER: RE-1925
TO WHOM IT MAY CONCERN:
Enclosed is an application from Clayton Claus for a Recorded Exemption. The parcel of land is described
as part of the SE4 of Section 3, T3N, R68W of the 6th P.M., Weld County, Colorado. The location of the
parcel of land for which this application has been submitted is north of and adjacent to Weld County Road 36;
west of and adjacent to 1-25.
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing
of the application. Please reply by August 9, 1996, so that we may give full consideration to your
recommendation. Please call Chris Goranson, Current Planner if you have any questions.
Check the appropriate boxes below and return to our address listed above.
1. We have reviewed this request and find that it
does/does not comply with our Comprehensive Plan for the following reasons.
2. We do not have a Comprehensive Plan, but we feel this request is/is not compatible with the
interests of our town for the following reasons:
/-
3. We have reviewed the request and find no conflicts with our interests.
4. A formal recommendation is under consideration and will be submitted to you prior to
5. P jse refe the enclose letter.
Signed: t�� / Agency(1),j5 L gulA
Date:
•
1 r 9 )
961.5E
• •
6;0-4
DEPARTMENT PLANNING S
PHONE OF(970) 353-6100, EXT.354ERVICES0
111111k FAX (970) 352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO ^tv panning Dept.
RECEIVED JUL 2 3 1996
JUL 9 1996
Bpi.
Ca uEDDATE: July 19, 1996 CASE NUMBER: RE 19Z5‘°
TO WHOM IT MAY CONCERN:
Enclosed is an application from Clayton Claus for a Recorded Exemption. The parcel of land is described
as part of the SE4 of Section 3, T3N, R68W of the 6th P.M., Weld County, Colorado. The location of the
parcel of land for which this application has been submitted is north of and adjacent to Weld County Road 36;
west of and adjacent to 1-25.
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing
of the application. Please reply by August 9, 1996, so that we may give full consideration to your
recommendation. Please call Chris Goranson, Current Planner if you have any questions.
Check the appropriate boxes below and return to our address listed above.
1. We have reviewed this request and find that it
does/does not comply with our Comprehensive Plan for the following reasons.
2. We do not have a Comprehensive Plan, but we feel this request is/is not compatible with the
interests of our town for the following reasons:
3. We have reviewed the request and find no conflicts with our interests.
4. A formal recommendation is under consideration and will be submitted to you prior to
5. Please refer to the enclosed letter.
Signed: % Agency R.0_,=.c. �J
Date: 7 �� - 9
96:1.5 .9
•
r •
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Public Works Department
933 North 11th Avenue, P.O. Box 758, Greeley, Colorado
Phone: (970) 356-4000, Ext. 3750
1. Applicant Name Clayton C. Claus & Lois Claus Phone 970-587-4324
Address 3759 WCR 36 City Plattefille State CO Zip80651
2. Address or location of access 3759 WCR 36, Platteville, CO 80651
Section 3 Township 3 North Range 68 West
Subdivision Block Lot
Weld County Road # 36 Side of Road North N S E or W
Distance from & number of intersecting 3/4 Mile East of WCR 7
3. Is there an existing access to the property? Yes x No #of accesses 2
4. Site Sketch:
' E
Al
j /1\
1
r� 1 CR. 36.
• yuces5
5. Proposed use: i'�)e'l:'4
Permanent x Residential/Agricultural _ Industrial
Temporary _ Commercial _ Subdivision _ Other
OFFICE USE ONLY
Road ADT . !'- Date q- rBG Accidents Date
Road ADT IRS- Date -Ri Accidents Date W« ro w cot I
Drainage Requirement: Culvert Size Length
Other Comments:
Installation authorized Information Insufficient
Special Conditions
N5� txc�-rLa.)q ►a�s 'Poi Or- bnirn WCie 3L •
N o �),cw AGccssFs glex2 .'r
Reviewed by: Title:
chid Me it. 7-7(.-94.
7
96_ rc59
.r.r'�:.ial
.
•Amok
•
•
Weld County Planning Dept.
AUG 61996
6414 RECEIVED
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
O 1400 N. 17TH AVENUE
•
GREELEY, COLORADO 80631
COLORADO
DATE: July 19, 1996 CASE NUMBER: RE-1925
TO WHOM IT MAY CONCERN:
Enclosed is an application from Clayton Claus for a Recorded Exemption. The parcel of land is described
as part of the SE4 of Section 3, T3N, R68W of the 6th P.M., Weld County, Colorado. The location of the
parcel of land for which this application has been submitted is north of and adjacent to Weld County Road 36;
west of and adjacent to 1-25.
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing
of the application. Please reply by August 9, 1996, so that we may give full consideration to your
recommendation. Please call Chris Goranson, Current Planner if you have any questions.
Check the appropriate boxes below and return to our address listed above.
1. We have reviewed this request and find that it
does/does not comply with our Comprehensive Plan for the following reasons.
2. We do not have a Comprehensive Plan, but we feel this request is/is not compatible with the
interests of our town for the following reasons:
3. We have reviewed the request and find no conflicts with our interests.
4. A formal recommendation is under consideration and will be submitted to you prior to
5. Y Please refer to
the enclosed letter. /�
Signed: 0 ✓1 • Agency GU�i7-10 F.—t -00
Date: i.2—P6
961.5'9
-_.
I--K • •
BERTHOUD FIRE PROTECTION DISTRICT
di .---.N......... Q% Box 570 • 275 Mountain Ave. • Berthoud, CO 80513 • (970) 532-2264
Weld County Planning Dept.
AUG 6 1996
RECEIVED
1
August 5, 1996
Chris Goranson, County Planner
Department of Planning Services
1400 N. 17th Ave .
Greeley, CO 80631
Dear Chris,
The Berthoud Fire Protection District has completed its review of
the Clayton Claus Recorded Exemption. We find no conflict at this
time . However, if Lot A is divided into anything less then the
27 . 6 acres or Lot B is divided into anything less then 35 acres our
Department will need to review the plans for requirements, i .e .
fire hydrants, fire apparatus access, etc .
If you have any questions, please contact my office .
Sincerely,
efi -Al+
Rick Slaby
Assistant Chief
xc Clayton Claus
AN EQUAL OPPORTUNITY EMPLOYER
r—
II Z00'd 0lLt ON X1I 9Z:ZI 96/60/80 •
2. We do not have a Comprehensive Plan, but we fool this request is/is not compatible with the
interests of our town for the following reasons: _
3. t/ We heve reviewed the request and find no conflicts with our interests.
4_ A formal recommendation is under consideration and will be submitted to you prior to
DEPARTMENT 01=PLANNING SERVICES
PHONE (970) 353 61pp, E�CT.35d0
•
FAX (970) 352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
iiiiige, 1400 N. 17TH AVENUE
GREEI EY, COLORADO 80631
COLORADO
DATE: July 19. 1996 CASE NUMBER: RE-1925
TO WHOM IT MAY CONCERN:
Enclosed is an application from Clayton Claus for a Recorded Exemption. The parcel of land is described
as part of the SE4 of Section 3, T3N, R68W of the 6th P.M., Weld County, Colorado. The location of the .
parcel of land for which this application has been submitted is north of and adjacent to Weld County Road 36:
west of and adjacent to 1-25.
The application is submitted to you to review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing
of the application. Please reply by August 9, 1996, so that we may give full consideration to your
recommendation. Please call Chris Goranson, Current Planner if you have any questions. I
Check the appropriate boxes below and return to our address [latest stove.
1. We have reviewed this request and find that it
does/does not comply with our Comprehensive Plan for the following reasons.
2. We do not have a Comprehensive Plan, but we feel this request isfis not compatible with the
interests of our town for the following reasons:
-
3__ We have reviewed the request and find no conflicts with our interests.
4. A formai recommendation is under consideration and will be submitted to you prior to
endos r. •Ca 1 r;
5. P 9
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11) S
CERTIFICATE OF CONVEYANCES WELD COUNTY
STATE OF COLORADO) DEPARTMENT OF PLANNING SERVICES
COUNTY OF WELD)
The LAND TITLE GUARANTEE CO. TITLE INSURANCE or ABSTRACT COMPANY hereby certifies
that it has made a careful search of its records, and finds the following conveyances affecting the real estate
described herein since August 30, 1972.
LEGAL DESCRIPTION:
See attached Exhibit "A"
•
CONVEYANCES (if none appear, so state):
Reception No. 1904291 , Book 978
Reception No. 2208299 , Book 1258
Reception No. 2471676 , Book 1527
Reception No. 2499191 , Book 1554
Reception No. , Book
Reception No. , Book
Reception No. , Book
Reception No. , Book
This Certificate is made for the use and benefit of the Department of Planning Services of Weld County,
Colorado.
This Certificate is not to be constructed as an Abstract of Title nor an opinion of Title, nor a guarantee Title, and
P
the liability of LAND TITLE GUARANTEE COMPANY, is hereby limited to the fee paid for this
Certificate.
In Witness Whereof, LAND TITLE GUARANTEE COMPANY,has caused this certificate to be signed
by its proper officer this 1st day of July , A.D., 19 96 , at 5:00 o'clockP•N.
LAND TITLE GUARANTEE COHPANY
Company
By: �.
Aut oriz S gnature
96 .? 9
II III
EXHIBIT A
ALL THAT PART OF SECTION 3 , TOWNSHIP 3 NORTH, RANGE 68 WEST
OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 3 , AND
CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF
SECTION 3 , AS BEARING NORTH 90 DEGREES 00 MINUTES 00 SECONDS
WEST AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATING
THERETO .
THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST ALONG THE
SOUTH LINE OF THE SOUTHEAST QUARTER 250 . 00 FEET TO THE WEST
RIGHT OF WAY LINE OF INTERSTATE ROUTE 25 AND THE TRUE POINT
OF BEGINNING; THENCE NORTH 0 DEGREES 34 MINUTES 06 SECONDS
EAST ALONG THE WEST RIGHT OF WAY LINE OF INTERSTATE ROUTE 25,
2039 . 04 FEET, THENCE NORTH 89 DEGREES 52 MINUTES 36 SECONDS
WEST, 10 . 22 FEET, THENCE NORTH 55 DEGREES 03 MINUTES 17
SECONDS WEST, 58 . 18 FEET; THENCE NORTH 53 DEGREES 51 MINUTES
12 SECONDS WEST, 125 . 39 FEET, THENCE NORTH 50 DEGREES 15
MINUTES 08 SECONDS WEST, 69 . 78 FEET; THENCE NORTH 45 DEGREES
12 MINUTES 12 SECONDS WEST, 28 . 96 FEET, THENCE NORTH 60
DEGREES 33 MINUTES 28 SECONDS WEST, 64 . 33 FEET; THENCE NORTH
54 DEGREES 47 MINUTES 04 SECONDS WEST, 133 . 04 FEET, THENCE
NORTH 32 DEGREES 45 MINUTES 51 SECONDS WEST, 28 . 42
FEET; THENCE NORTH 3 DEGREES 13 MINUTES 28 SECONDS WEST,
53 . 85 FEET; THENCE NORTH 1 DEGREE 07 MINUTES 31 SECONDS
WEST, 248 . 67 FEET TO A POINT ON THE EAST-WEST CENTER LINE OF
SAID SECTION 3 ; THENCE NORTH 89 DEGREES 52 MINUTES 36
SECONDS WEST, 415 . 12 FEET, ALONG THE EAST-WEST CENTER LINE OF
SAID SECTION 3 ; THENCE SOUTH 00 DEGREES 03 MINUTES 41
SECONDS WEST, 247 . 98 FEET; THENCE SOUTH 59 DEGREES 03
MINUTES 42 SECONDS WEST, 2 . 26 FEET; THENCE SOUTH 88 DEGREES
46 MINUTES 31 SECONDS WEST, 145 . 33 FEET; THENCE SOUTH 00
DEGREES 16 MINUTES 06 SECONDS EAST, 109 . 60 FEET; THENCE
SOUTH 89 DEGREES 02 MINUTES 49 SECONDS WEST, 17 . 20
FEET; THENCE ALONG A CURVE TO THE RIGHT WHO' S CHORD BEARS
SOUTH 02 DEGREES 04 MINUTES 52 SECONDS EAST 82 . 85 FEET AND
WHO' S CENTRAL ANGLE IS 21 DEGREES 31 MINUTES 06 SECONDS AND
WHO' S RADIUS IS 221 . 90 FEET; THENCE SOUTH 08 DEGREES 40
MINUTES 41 SECONDS WEST, 283 . 17 FEET; THENCE SOUTH 03
DEGREES 25 MINUTES 17 SECONDS WEST, 370 . 86 FEET; THENCE SOUTH
01 DEGREES 10 MINUTES 12 SECONDS WEST, 296 . 77 FEET; THENCE
SOUTH 03 DEGREES 30 MINUTES 03 SECONDS WEST, 177 . 10
FEET; THENCE SOUTH 02 DEGREES 52 MINUTES 32 SECONDS WEST,
290 . 77 FEET; THENCE NORTH 72 DEGREES 52 MINUTES 47 SECONDS
WEST, 199 . 48 FEET; THENCE NORTH 67 DEGREES 04 MINUTES 31
SECONDS WEST, 79 . 07 FEET; THENCE NORTH 63 DEGREES 12 MINUTES
29 SECONDS WEST, 135 . 32 FEET; THENCE ALONG A CURVE TO THE
LEFT WHO' S CHORD BEARS NORTH 74 DEGREES 45 MINUTES 19 SECONDS
WEST 88 . 49 FEET AND WHO' S CENTRAL ANGLE IS 23 DEGREES 05
MINUTES 40 SECONDS AND WHO' S RADIUS IS 221 . 04 FEET; THENCE
961.569
4110 •
EXHIBIT A
NORTH 86 DEGREES 18 MINUTES 09 SECONDS WEST, 51 . 37
FEET; THENCE ALONG A CURVE TO THE RIGHT WHO' S CHORD BEARS
NORTH 77 DEGREES 35 MINUTES 24 SECONDS WEST 141 . 31 FEET AND
WHO' S CENTRAL ANGLE IS 17 DEGREES 25 MINUTES 29 SECONDS AND
WHO' S RADIUS IS 466 . 45 FEET; THENCE NORTH 68 DEGREES 52
MINUTES 40 SECONDS WEST, 171 . 08 FEET; THENCE NORTH 72
DEGREES 54 MINUTES 03 SECONDS WEST, 140 . 32 FEET; THENCE ALONG
A CURVE TO THE LEFT WHO' S CHORD BEARS NORTH 83 DEGREES 36
MINUTES 26 SECONDS WEST 69 . 21 FEET AND WHO' S CENTRAL ANGLE IS
21 DEGREES 24 MINUTES 47 SECONDS AND WHO' S RADIUS IS 186 . 26
FEET; THENCE SOUTH 85 DEGREES 41 MINUTES 10 SECONDS WEST,
181 . 36 FEET; THENCE ALONG A CURVE TO THE RIGHT WHO' S CHORD
BEARS NORTH 50 DEGREES 02 MINUTES 31 SECONDS EAST 76 . 49 FEET
AND WHO' S CENTRAL ANGLE IS 88 DEGREES 32 MINUTES 38 SECONDS
AND WHO' S RADIUS IS 54 . 79 FEET; THENCE NORTH 89 DEGREES 24
MINUTES 50 SECONDS WEST, 31 . 00 FEET; THENCE SOUTH 00 DEGREES
35 MINUTES 10 SECONDS WEST, 871 . 80 FEET; THENCE NORTH 90
DEGREES 00 MINUTES 00 SECONDS EAST, 270 . 00 FEET; THENCE
SOUTH 00 DEGREES 35 MINUTES 10 SECONDS WEST, 270 . 00 FEET, TO
A POINT ON THE SOUTH LINE OF SOUTHEAST QUARTER OF SECTION
3 ; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, ALONG
THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 3 , 2107 . 31
FEET, TO THE WEST RIGHT OF WAY LINE OF INTERSTATE ROUTE 25
AND THE POINT OF BEGINNING.
3615 -9
R re.,•,�...i.
+ '~' = • AR1904291 B (•)ySEC 01 904291 09/21/82 09: 1 $6.00 1/002
a
40 F 0404 MARY ANN FEUERSTEIN CIERK & .ORDER WELD CO, CO
CLAYION C. CLAUS
whose address is 3759 Weld County Road 36, Longront
County of Weld ,and State of
Colorado ,for the consideration of TEN DOLLARS AND '
1 HER VALUABLE ODNSIDERATION------ZJOOOet,in hand paid,
hereby sell%)and quit claims)to
CIAYTON C. CLAUS and IOIS J. CLAUS, as tenants in camior
whose address is 3759 Weld County Road 36, Lonctront
County of Weld .and State of Colorado ,the following real
property.in the County of Weld .and State of Colorado,to wit:
•
The real property more particularly described on Exhibit A •
which is attached hereto and incorporated herein by this
reference.
'4'
Actual consideration less than $100.00. :.•
1.
with all its appurtenances.
Signed this 30th day of August .1;) 82.. / /
J'� /
_,/' _ '<�_r_ F '"�%t«.
•
•
STATE OF CO LO R A DO,
iss.
County of Boulder
The foregoing instrument was acknowledged before me this 30th
• day of August . 1',) 82 .by Clayton C. Claus.
•, MY ciOr1�n,'m.ission expires June 6, 1986.
Witnesl;.ns?'hand and official seal
V,OTA
o Address: 2339 Shetman Street ""'Y r.��i�..
fF CP COt�',^ Loncrront, CO 80501 361.
.
2/002
* • ' B 0978 RE , 1904291 09/21 /B2 09 . i2
F 0405 MARY ANN FEUERSTEIN CLERK !. RECOR R•00
4ltLD CO, CO
" EXHIBIT A
The SE' of Section 3, ar.3 the WS of the NE„ of Section 10, all in •
Township 3 North, of Range 68 West of the 6th P.M., Weld county, Colo.;
and 1.6 acres, rtrre or less, in the NFL; of said Section 3, described as
follows: Beginning at a point on the E. and W. center line of said
Section 3, which is 1115 feet west of the Ea corner of said section,
which point is marked by a hard wood stake, thence N. 177 feet to a
stake on the S. bank of what is known as the Mead Lateral Ditch, •
thence westerly along the S. bank of said ditch 604 feet, thence S.
• 245 feet to a stake on the said E. and W. center line of said section,
,thence E. on said center line 516 feet to the point of beginning.
Excepting therefrom parcel of land conveyed by deed recorded in Book
217, page 563, Weld County Records, and excepting rights-of-way as
conveyed by deeds recorded in Rook 200, page 291, and in Book 1038, •
pages 524 and 525 Weld County Records.
Also, all that part of the WS of said Section 3 covered by the Parmelee
Reservoir and more particularly described as follows: Camiencing at •
a point on the E. line of the WS of said Section 3, 2.22 chains N. of •
•
the center of said Section 3; thence S. 42°35' W. 6.70 chains; thence
to the left from last described line 49°50', 3.23 chains; thence to
the left from last described line 36°50', 2.26 chains; thence to the
right fran last described line 15°30', 1.77 chains; thence to the right
from last described line 29°40", 4.18 chains; thence to the left from
last described line 19°45', 2.26 chains to a point on the E. line
of the 1N11 of Section 3, 17.80 chains S. of the center of said Section 3;
thence north on the E. line of said WS of Section 3, 20.02 chains to the
place of beginning.
Except reservations as contained in Patents recorded in Book 36, page 393,
•
and in Book 153, page 40, and in Deeds recorded in Book 153, page 458 and
Book 233, page 16, Weld County Records.
Together with all ditch and water rights in any way connected with or
appertaining to the said ploperty, including 3 shares of the capital
•
stock of the Highland Ditch company, 12 shares of the capital stock
• of the Highlandlake Lateral Ditch Company, 125 acre-feet of water
•
allotted to the said property by the Northern Colorado Water Conservancy
District, and also that certain reservoir, together with all decreed
water rights connected therewith and appertaining thereto, located in
Section 3, Township 3 'North,Rance 68 V% of the 6th P.M., Weld County,
Colorado, as shown of record in Book 206, page 260, Weld County Records.
•r.1 •
•
•
#-� 96 r€ 9
•
AR2208299 B 12%REC 02208299 03/20/90 41041 10. 00 1/002
F 1723 MARL' ANN FEUERSTEIN CLERK & RECORDER WELD CO, Co .
uit Claim alzar
Clayton C. Claus and Lois J. Claus, whose address is 3759 Weld County
Road 36, Platteville 80651, County of Weld, and State of Colorado, for the consideration
of TEN DOLLARS ($10.00), in hand paid, hereby sell and quit claim an undivided one-half
interest to Clayton C. Claus Company, a Colorado general partnership, whose address is
3759 Weld County Road 36, Platteville 80651, County of Weld and State of Colorado and
an undivided one-half interest to Lois J. Claus Company, a Colorado general partnership,
whose address is 3759 Weld County Road 36, Platteville 80651, County of Weld, and
State of Colorado, in and to the following real property, in the County of Weld, and State
of Colorado, to wit:
The SE 1/4 of Section 3, and the W 1/2 of the NE 1/4 of
Section 10, all in Township 3 North, of Range 68 West of
the 6th P.M., Weld County, Colo.; and 1.6 acres, more or
less, in the NE 1/4 of said Section 3, described as follows:
Beginning at a point on the E. and W. center line of said
Section 3, which is 1115 feet west of the E 1/4 corner of
said section, which point is marked by a hard wood stake,
thence N. 177 feet to a stake on the S. bank of what is
known as the Mead Lateral Ditch, thence westerly along the
S. bank of said ditch 604 feet, thence S. 245 feet to a stake
on the said E. and W. center line of said section, thence E.
on said center line 516 feet to the point of beginning.
Excepting therefrom parcel of land conveyed by deed
recorded in Book 217, page 563, Weld County Records,
and excepting rights-of-way as conveyed by deeds recorded
in Book 200, page 291, and in Book 1038, pages 524 and
525 Weld County Records.
Also, all that part of the W 1/2 of said Section 3 covered by
the Parmelee Reservoir and more particularly described as
follows: Commencing at a point on the E. line of the W 1/2
of said Section 3, 2.22 chains N. of the center of said
Section 3; thence S. 42°35' W. 6.70 chains; thence to the left
from last described line 49°50', 3.23 chains; thence to the
left from last described line 36°50', 2.26 chains; thence to
the right from last described line 15°30', 1.77 chains; thence
to the right from last described line 29°40", 4.18 chains;
thence to the left from last described line 19°45', 2.26 chains
to a point on the E. line of the W 1/2 of Section 3, 17.80
chains S. of the center of said Section 3; thence north on the
E. line of said W 1/2 of Section 3, 20.02 chains to the place
of beginning.
Except reservations as contained in Patents recorded in Book
36, page 393, and in Book 153, page 40, and in Deeds
recorded in Book 153, page 458 and Book 233, page 16,
Weld County Records.
1101T.AKCKMAMM • LIONOFFGF:R. P.C. 3134 M. L..a Fa V).• Aw_ Laa...w1_ CO 11.01)1. F1w ()431 774�441 .r (Mn 440-291)
E 1258 REC 02%299 03/20/90 09 : 41 .0 . 00 2/002
F 1724 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Together with all ditch and water rights in any way
connected with or appertaining to the said property,
including 3 shares of the capital stock of the Highland Ditch
Company, 12 shares of the capital stock of the Highlandlake
Lateral Ditch Company, 350acre-feet of water allotted to the
said property by the Northern Colorado Water Conservancy
District, and also that certain reservoir, together with all
decreed water rights connected therewith and appertaining
•
thereto, located in Section 3, Township 3 North, Range 68
W. of the 6th P.M., Weld County, Colorado, as shown of
record in Book 206, page 260, Weld County Records.
with all its appurtenances.
Actual consideration less than $500.00
Signed this I-1 day of _Mr 1 , 1990.
Clayton . Claus
I
Loi J. Claus
STATE OF COLORADO )
ss.
COUNTY OF BOULDER )
The foregoing instrument was acknowledged before me this / ` day of
MC , 1990, by Clayton C. Claus and Lois J. Claus.
My commission expires: q - q • a-
olt f`U(3 L1V o f Witness my hand and official seal.
• •
:; - ° -K ,t LLCIt
Notary Public
•
Hun, SGC10.0004 • L10•11DICE11.. PC. J1)4 Mw),I. N.. A.... L........t. CO NI.L h... IN)I 11114641 .. 13431 4.M1•1J
S 4110
2471676 B-1527 P-274 01/12/96 03:43P PG 1 OF 7
Weld County CO Clerk & Recorder REC DOC
36.00
'4,424 "'76 QUITCLAIM DEED
THIS DEED, Made this 29th day of December, 1995 between
CLAYTON C. CLAUS COMPANY, A COLORADO GENERAL PARTNERSHIP AS TO AN
UNDIVIDED 1/2 INTEREST, AND LOIS J. CLAUS COMPANY, A COLORADO
GENERAL PARTNERSHIP, AS TO AN UNDIVIDED 1/2 INTEREST, of the County
of WeIJ and State of Colorado, grantors. and CLAYTON C. CLAUS and
LOIS J. CLAUS, whose legal address is 3759 Weld County Road 36,
Platteville, of the County of Weld, and State of Colorado,
grantees,
WITNESSETH, That the grantors, for and in consideration of.
the sum of Ten Dollars ($10 . 00) and other good and valucble
consideration, the receipt and sufficiency of which is hereby
acknowledged, hereby sell and quitclaim unto the grantees all the
right, title, and interest of the grantors in and to the following
real property, together with improvements, if any, in the County of
Weld and State of Colorado:
See Exhibit "A" attached hereto and made a
part hereof by reterence.
IN WITNESS WHEREOF, The grantors have executed this deed on
the date set forth above.
Clayton C. Claus Company, Lois J. Claus Company,
a Colorado General Partnership a Colorado General Partnership
By: C1 ,7/C` Zt'NcTi'c `
By: �`t.ir, •
General Fortner General Partner
STATE OF COLORADO )
:;s .
COUNTY OF WELD
The foregoing instrument wac acknowledged before me this 29th
day of December, 1995 by Clayton C. Claus and Lois J. Claus as
General Partners of the Clayton C. Claus Company, a Colorado
General Partnership and Loin J . Claus Company, a Colorado General
Partnership.
WITNESS my hand and official seal . • 1,li
My commission expires:V?J//94:9 -•�+�-
3. C _7Not ,jub it-1l�ruu C
•
2471676 B-1527 P-274 01/12/96 03:43P PG 2 OF 7
ME
Q EXHIBIT \
l� "Tract No. I
All that part of the South Half(Sefi )of Section 3.Township 3 North. Range 68 Wcst of the 6th
Principal Meridian,Weld County, Colorado being more particularly described as follows:
. Beginning at the Southeast corner(SE Con of said Section 3,and considering`the South line of
Section 3 as bearing North 90'00'00" East dnd with ull other bearings contained herein relative
thereof:
S
Thcncc North 0"34'06" East alOnz the East line ofilti. South hair(S' ) of Section 3. 2644.59 feet
to the Fast Quarter Corner(f44 tor)of See'litin 3:
Thence North 89'52'36" West along the North line 4>I'the South 1:ialf(S'/i) of Section 3. 1092.50
feet;
Thence South 0'03'44" West. 247.96 feet.
Thence South 53°45'19" West. 2.43 feet:
Thence North 90'00'00" West. 198.83 feet:
Thence South 9'12'46" East. 118.73 feet:
Thence South 15'20'56" East, 79.68 feet:
Thence South 8'55'43" West.229.71 feet:
Thence South 5'06'54" West, 254.IU feet;
Thcncc South 1.'35'57" West.533.92 feet:
Thence South 4'34'19' West, 121.69 feel.
Thence South 3"05'27" West. 53.77 feet:
"thence South 1'46'4O" West. 133..43 feet:
Thence South 3"09'39" West. 88.59 feet:
Thence South 18'39'44"West, 5.33 feet:
"Thcncc North 72"52'55"West, 199.49 feet:
Thence North 66'47'42" West, 74.08 feet:
Thcncc North 63"30'36" West. 132.41 feet:
Thence North 73'49'05" West, 96.21 leer:
Thence North 86'18'0')" West. 51.37 feet:
Thence North 76'52'55" West. 153.72 feet:
Thence North 68'52'40" West. 158.54 feet:
Thence North 72'54'03" West. 140.32 feet:
Thence North 86'51'59" West. 99.19 feet:
Thence South 85"41'l0" West. 151.01 feet:
Thence North 50'02'3 I" West, 76.50 feet; •
Thence North 89°2450" West. 30.98 feet:
Thence South 0"35'10' wr.t. 871.8I reel;
Thence North 90'00'00" East, 270.00 feet:
t.xhihit A- Page 1
Ti HI. I . I
s •.
2471676 B-1527 P-274 01/12/96 03:43P PG 3 OF 7
Thence South O'35'10" West. 270.00 feet: to a point on the.South line of the South Half(S1)of
Section 3:
Thence North 90°00'00" East along the South line of the South Halt'(S!'a)of Section {, ,Si7.3 t
feet to the Southeast Corner(SE Cor)of Section 3 and the Point of Beginning.
EXCEPT the East 250.01 feet of the South Half(S1/2)of Section 3 as conveyed by Deed recorded
in Rook 1523 at rage 420.
And 1::.(.Tl"r''t'ING therefrom that strip of land us conveyed in Rook 200 Ut Page 291.
Said described parcel contains 90.742 acres. more or less, and is subject to Ay rights-of-way or
other casements as recorded by instruments of record or as now existing on said described parcel
of land.
Together with any and all ditch and water rights. water priorities. and ditch and water right
easements and right-of-way appertaining. belonging to and used upon or in connection with all
the lands above-described. •
•
•
•
Exhibit A - Page 2
•
13i I Ili — • --- - ---
961.5€9
2471676 B-1527 P-274 01/12/96 03:43P PG 4 OF 7
Tract No. 2
All that part of the South Half(5k )of Section 3. Township 3 North, Range 68 West of the 6th
Principal Meridian,Weld County,Colorado being more party Ulurly described as follows:
Beginning at the Southeast corner(SE Cor)of said Section 3 .and considering the South line of
Section 3 bearing North 90"0ff00" East and with till other bearings contained herein relative
thereof:
Thence South 90'00'00" West along the South liar of the South I lair(5':z) of section 1. 2357.31
feet to the True Point of Beginning (T.P.O.B.) .
Thence continuing South 90'00'00" West along said South line 270.0) feet to the South Quarter
Corner (S, Cor) of Section 3:
Thence continuing South 90'00'00" West along said South line 450.00 feet:
Thence North 0'35'10" East 2651.20 feet to a point on the North line of the South tlalf(S!iz)of
Section 3:
Thence South 89'52'36" East along the North line of the South Half(S1/4)of Section 3. 1983.93
feet (said point being North 89'52 36" West 1092.50 feet from the Fast Quarter Corner of
Section 3):
Thnnc`.South 0'03'44" West. 247.96 feet:
Thence South 53°15'19" West. 2.13 feet:
Thence North 90.'00'00"West. 198.83 feet:
Thence South 9°I2'46" Fast. 1 18 73 feet;
Thence South 15'20'56" East.79.68 feet:
Thence South 8'55'43" West. 229.71 feet;
Thence South 5'06'54"West. 254.10 feet:
Thence South 1'35'57" West. 533.92 feet;
Thence South 4'34'19"West. 121.69 feet:
Thence South 3'05'27" West. 53.77 feet:
Thence South I '46'40" West. 133.33 feet:
Thcncc South 3109'39" West. 88.59 feet:
Thence South 1 8'39'44" West. 5.33 feet:
Thence North 72'52'55" West. 199.49 feet:
Thence North 66'47'42" West. 74.08 feet:
Thence North 63'30'36" West, 132.41 feet:
Thence North 73'49'05" West. 96.21 feet:
Thence North 86'18'09" West. 51.37 feet:
Thence North 76'52'55" West. 153.72 feet;
Thence North 68'52'40" West. 158.54 feet:
Thence North 72"54'03" We.t. 140.32 fem.. •
Thence North 86`51'59" West, 99.19 feet.
Thence South 85"4110" West. 151.01 feet:
Thenre North Sfl"fY2.11" Wr't, 7h.40 feel:
Exhibit A - Page 3
"TE I - 96 .569
s . _
2471676 B-1527 P-274 01/12/96 03:43P PG 5 OF 7
Thence North 89'24'50" West, 30.98 feet;
Thence South O'i5' " West, 71. feet:. . . 108 RIf t,
Thence North 901O0OO" East. 2/O.00 feet:
Thence South O"35'10" West, 270.00 feet; to a point on the South line of the South Half(S1)of
Section 3:
and the True Point of Beginning (T.P.O.B.).
Also a track of land Located in the Northeast Quarter (NE; )of Section 3,Township 3 North.
Range 6K West of the 6th P.M., County of Weld.State of Colorado.Described as follows:
Beginning at a point on the East and West center line of said Section 3, which is 1 115 feet West
of the of the East Quarter Corner(EW Coil stake:
Thence North 177 feet to a stake on the South hank of what is known as the Mead Lateral Ditch:
Thence Westerly along the South bank of said ditch 604 feet:
Thence South 245 feet to a stake on the said East and West center line of said Section:
Thence East on said center line 516 feet to the Point of Beginning.
Also all that portion of that tract of land described in a Quit Claim Deed recorded in Book76 at
Page 428 lying within the Northwest Quarter (NWT) of Section 3, Township 3 North, Range 68
West of the 6th P.M., Weld County.Colorado.
Said described parcel contains 82.82 acres. more or less. and is subject to any rights-of-way or
other easements as recorded by instruments of record or as now existing on said describer/parcel
of land.
Together with any and all ditch and water rights, water priorities.and ditch and water right
casements and right-of-way appertaining.belonging to and used upon or in connection with all
the lands above-described.
•
•
Exhibit A - Pace a
H I n •
• 961.569
•
2471676 B-1527 P-274 01/12/96 03:43P PG 6 OF 7
Tract No. 3
All that part of the South Half(S/ )of Section 3.Township 3 North, Range t]ti West of the tith
Principal Meridian, Weld County, Colorado using mote particularly described as follows:
Beginning at the Southwest Corner(SW Cut)of Ses:tion 3,and considering the South line of the
South H:, (3 i)of Section 3 as fearing North 90"00'O0"East and with all other hearings
contained herein relative thereto:
Thence North 90'00'00" East along the South line of the South.Half(Sty:)of Section 3. 2189.50
feet to a point South 90'00'00" West 450.00 feet from the South Quarter Corner(St, Cur)of
Section 3;
Thence North 0'3i'10" East 2651?0 feet to a point on the North line of the South Half(S1) of
Section 3:
Thence North 89'52'36" West 2181.02 feet along the North line of the South Half(S''i)of •
Section 3 to the West Quarter Corner(W C'or)of Section 3:
Thence South 0'46'O5" West along the West He of the South flair(S1/2)of Section 3. 2656.00
feet to the Point of Beginning.
EXCEPT parcel of ground as covered by Deed recorded in Book 206, Page 532, Weld County
Records.
Said described parcel contains t2a.74g acres, more or less and is subject to any rights-of-way or
other casements as recorded by instruments of record or us now existing on said described parcel
cIf lane!,
"Together with any and all ditch and water rights, water priorities, bodies of water and the right to
the use of free water stored in Eckel's Reservoir.and ditch and water right easements and right-
of-way appertaining. belonging to and used upon ur in c.ctnuectiun with all the lands abos•c-
described and upon each and every part thereof, including but not by way of limitation, the
following:
All wells, pumps. pipes. motors or irrigation equipment now or hereafter placed on the above-
described property ineinding a right-of-way 71,'2 feet on each side of the center line of an existing
ditch commencing at the outlet on the South side of Eckel's Reservoir, said reservoir being the
North Reservoir located in the Northwest Quarter (NW%)of said Section 3. at extending in a
Southerly direction to the North boundary lint of the herein described real property, also
including the right to store in and withdraw front said Eckel's Reservoir such amounts of water
as second parties deem necessary or advisable. and including the sole right to the use of the
hcadgatc located at the bridge crossing the Hightctnd Ditch and an undivided one-half t'h)Interest
in all other hcadgatcs located in the West Half(W':) of said Section 3.
ExhiI tt A - Pa!!e S
•
961569
• 111
2471676 B-1527 P-274 01/12/96 03:43P PG 7 OF 7
Tract No. 4
The West Half(W1 )of the Northeast Quarter(Nf is)of Section 10, Township 3 North, Range
68 West of the 6th Principal Meridian, Weld County, Colorado.
EXCEPTING a strip of land conveyed by De Prrcordcd iii 1iook 217 at Page 563.
•
Together with any and all ditch and water rights, water priorities, and ditch iyid water right
easements and right-of-way appertaining, belonging to and used upon or in connection with all
the lands above-described.
•
•
Exhibit A - I'age h
•
961569
r
• •
2499191 E-1554 P-643 07/01/96 04:37P PG 1 OF 2 REC DOC
Weld County CO Clerk & Recorder 11.00
�R2y1c"'" WARRANTYDEED
CLAYTON C. CLAUS and LOIS J. CLAUS, whose street address is
3759 WCR 36, Town of Platteville, County of Weld, State of Colorado
(Grantors) for the consideration of Ten ($10. 00) Dollars, in hand
paid, hereby sell and convey to CLAYTON C. CLAUS and LOIS J. CLAUS
whose street address is 3759 WCR 36 Platteville, CO 80651, the
following real property in the County of Weld, State of Colorado:
See Exhibit "A" Attached Hereto
with all its appurtenances, and warrant(s) the title to the same,
subject to all easements and rights-of-way of whatever character of
record now existing on said premises, including, but not limited to
those for ditches, canals, pipelines, reservoirs, railroads, roads,
telephone lines, utilities, power lines, or any other purpose; to
all mineral, oil, gas and coal reservations, leases, and
assignments of record; and subject to 1996 taxes payable in 1997.
Signed this 25th day of June, 1996.
CLAYTON/C. CLAUS
_y - /n /A , / •
LOIS J. CLAUS
STATE OF COLORADO
ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this
ca?5616- day of June, 1996 by CLAYTON C. CLAUS and LOIS J. CLAUS.
WITNESS my hand and official seal.
My commission expires: `.„Zit/ / 7 a'
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2499191 B-4114 P-643 07/01/96 04:37P PG 2 ilk 2
EXHIBIT "A"
LEGAL DESCRIPTION
All that part of Section 3, Township 3 North, Range 68 West of the 6th Principal Meridian, Weld
County, Colorado, being more particularly described as follows:
Beginning at the Southeast Corner(SE Cor.) of Section 3, and considering the South line of the Southeast
Quarter(SE 1/4)of Section 3, as bearing North 90°00'00" West and with all other bearings contained
herein relating thereto.
Thence North 90°00'00" West along the South line of the Southeast Quarter(SE 1/4) 250.00 feet to the
West right-of-way line of Interstate Route 25 and the True Point of Beginning;
Thence North 0°34'06' East along the West right-of-way line of Interstate Route 25, 2039.04 feet,
Thence North 89°52'36" West, 10.22 feet, Thence North 55°03'17- West, 58.18 feet;
thence North 53°51'12" West, 125.39 feet, Thence North 50°15'08" West, 69.78 feet;
Thence North 45°12'12" West, 28.96 feet, Thence North 60°33'28" West, 64.33 feet;
Thence North 54°47'04' West, I33.04 feet, Thence North 32°45'51" West, 28.42 feet;
Thence North 3°13'28" West, 53.85 feet; Thence North 1°07'31" West, 248.67 feet to a point on the
East-West center line of said Section 3;
Thence North 89°52'36" West, 415.12 feet, along the East-West center line of said Suction 3;
Thence South 00°03'41" West. 247.98 feet; Thence South 59°03'42" West, 2.26 feet;
Thence South 88°46'31" West, 145.33 feet; Thence South 00°16'06" East, 109.60 feet;
Thence South 89°02'49" West, 17.20 feet;
Thence along a curve to the right who's chord bears South 02°04'52" East 82.85 feet and who's central
angle is 21°31'06" and who's radius is 221.90 feet;
Thence South 08°40'41" West, 283.17 feet; Thence South 03°25'17" West, 370.86 feet;
Thence South 01°10'12" West, 296.77 feet; Thence South 03°30'03" West, 177.10 feet;
Thence South 02°52'32" West, 290.77 feet; Thence North 72°52'47" West, 199.48 feet;
Thence North 67°04'31" West, 79.07 feet; Thence North 63°12'29" West, 135.32 feet;
Thence along a curve to the left who's chord bears North 74°45'19" West 88.49 feet and who's central
angle is 23°05'40" and who's radius is 221.04 feet; Thence North 86'18'09" West, 51.37 feet;
Thence along a curve to the right who's chord bears North 77°35'24" West 141.31 feet and who's
central angle is 17°25'29" and who's radius is 466.45 feet;
Thence North 68°52'40" West, 171.08 feet; Thence North 72°54'03" West, 140.32 feet;
Thence along a curve to the left who's chord bears North 83°36'26" West 69.21 feet and who's central
angle is 21°24'47" and who's radius is 186.26 feet;Thence South 85°41"10' West, 181.36 feet;
Thence along a curve to the right who's chord bears North 50°02'31" East 76.49 feet and who's central
angle is 88°32'38" and who's radius is 54.79 feet; Thence North 89°24'S0" West, 31.00 feet:
Thence South 00°35'10" West, 871.80 feet; Thence North 90°00'00" East, 270.00 feet;
Thence South 00°35'10' West, 270.00 feet, to a point on the South line of Southeast Quarter(SE 1/4)of
Section 3;
Thence North 90°00'00" East, along the South line of the Southeast Quarter(SE 1/4) of Section 3,
2107.31 feet, to the West right-of-way line of Interstate Route 25 and the Point of Beginning (POB).
Said described parcel contains 86.237Acres more or less, and is subject to any rights-of-way or other
easements as granted or reserved by instruments of record or as now existing on said described parcel of
land.
SURVEYING CERTIFICATE
I,Jasper Freese, a registered Professional Land Surveyor in the State of Colorado,do hereby certify that
the this Legal Description was prepared under my personal supervision, and that it is an accurate
representation thereof. .
Jasper Freese
Registered Land Surveyor, Colorado Reg. 4392
1523 6th Avenue
Greeley, CO 80631
961.569
LITTLE tOMPSON WATER DISOR1CT
DIRECTORS: Telephone(970)532-2096
Tom Reynolds 835 E.Highway 56
President June 24 , 1996 Drawer G
Leo 8ake1 Berthoud,Colorado 80513
Keith Croonquist
Glenn W.Gibson
Dean Anderson . - \ A
Carey J.Salomonson
James W.Stroh
MANAGER:
Richard H.H.Whiffet
Clayton Claus
3759 WCR 36
Plattville, CO
80651
Dear Mr. Claus:
This letter is in response to a request By Jack Schneider for
a water service commitment for 2 residential lots, in the proposed
recorded exemption described as follows:
PORTIONS OF THE S 2, SEC. 3, T3N, R68W -- WELD COUNTY, CO
We currently have a 2" Dia. water line located along WCR 36
with no additional capacity available Therefore, we will commit to
provide service to these residential lots via one standard
residential 5/8" X 3/4" water tap per lot, with the following
conditions:
1. In August of 1993 the Little Thompson Board implemented a
"system impact" fee of $1000 per lot for all lots to be added
to the system. This is due upon completion of the main line
extension.
2 . All improvements to District facilities required to
provide service will be the financial responsibility of the
developer in accordance with the District Rules and
Regulations. All improvements must conform to District
Specifications .
3 . The installation of a fire hydrant requires payment of a
$2 , 000 fire hydrant fee prior to installation of a hydrant.
4 . In order to provide service to the proposed recorded
exemption you will be required to install a minimum of a 6" •
dia. water line from intersection of WCR 7 and WCR 36 to the
location along WCR 36 where you need the taps. The
installation of this line is your financial responsibility.
411
6 . You will be required to determine the required fire flows
for the recorded exemption and will need to determine if the
proposed line upgrades will be adequate to provide the flows
required for your needs. You may find that you will need to
have an 8" Dia. Line to meet the fire flow requirements.
This commitment will expire one year from the date of this
letter if the taps have not been purchased and installed by that
date. The current fee for the domestic 5/8" X 3/4" tap is $4, 600 . 00
These fees area subject to change without notice.
If you have questions, please contact me in our office.
Regards,
Michael T. Cook P. E.
District Engineer
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