HomeMy WebLinkAbout990526.tiff RESOLUTION
RE: ACTION OF BOARD CONCERNING RECORDED EXEMPTION #2426 - RICHARD
AND ELIZABETH WILSON
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 request for Recorded Exemption #2426 was submitted by Richard and
Elizabeth Wilson, 6767 Weld County Road 19, Fort Lupton, Colorado 80621, for property which
is located in part of the N Y of Section 33, Township 2 North, Range 67 West of the 6th P.M.,
Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, pursuant to its authority under
Section 30-28-101(10)(d), C.R.S., and Section 11.5.1 of the Weld County Subdivision
Ordinance #173-E, 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 #2426 comes within the purview of the definition of the terms, "subdivision" and
"subdivided land",
WHEREAS, this request is to divide the property into parcels estimated to be
approximately 80 acres and 20 acres, and
WHEREAS, after reviewing the Planning staff's concerns and hearing the testimony
presented, and considering this matter the Board determined that said request shall be denied
for the following reasons:
1. It is the opinion of the Board of County Commissioners that this proposal evades
the purpose of the Weld County Subdivision Ordinance as defined in Section
1.3.
2. The Board finds this division would be inconsistent with efficient, orderly and
integrated development pursuant to Section 1.3.1 of the Weld County
Subdivision Ordinance.
3. The Board finds, pursuant to Section 11.5.1.2 of the Weld County Subdivision
Ordinance that this proposal is not consistent with the Weld County
Comprehensive Plan.
4. It is the opinion of the Board that any further division of these lots will increase
the density of the existing linear subdivision inconsistent with Section 11 .5.1.2 of
the Weld County Subdivision Ordinance .
5. The Board finds this proposal increases the need for more urban-type services in
the area.
111111111111111111III11111111IIII 111111III11111liii IIII 990526
2685646 04/08/1999 10:09A Weld County CO RE2426
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DENY RE #2426 - RICHARD AND ELIZABETH WILSON
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the request for Recorded Exemption #2426, submitted by Richard
and Elizabeth Wilson be, and hereby is, denied.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of March, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
Wag? COUNTY, C O DO
iss
ATTEST. 1 / �r / 1}411 +_ /
' �� �" Dale K. Hall, Chair
Weld County Clerk to th7 1060: d :i .
�EXCUSED
4‘ � `ems ' Barbara J. Kirkmeyer, Pro-Tern
BY: 2 , .t n i
Deputy Clerk to the Boar. C *'
-GeorgeE: Baxter
:51:2,P.Rer O FORM: �/ ;,
M. J Geile
Attorney
Glenn Vaad --
11111 111111 III 11111111 I III IIIII I III 11111 It 1111
2685646 04/08/1999 10:09A Weld County CO
2 of 2 R 0.00 D 0.00 JA Sukl Tsukamoto
990526
RE2426
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3559
FAX (970) 352-6312
C. WELD COUNTYADMINISTRATIVE
IE1400 Y I COLORADO 17TH
AVENUE
GREE
COLORADO
February 24, 1999
Richard & Elizabeth Wilson
6767 WCR 19
Fort Lupton, Colorado 80621
RE: Recorded Exemptions#RE-2425, RE-2426, SE-757 and COC for Accessory to Farm being
located in part of the N1/2 of Section 33, T2N, R67W of the 6th PM
Dear Mr. & Mrs. Wilson:
This letter is to inform you that the recorded exemption application referenced above has been
reviewed by the Department of Planning Services and staff recomends that these applications
be heard by the Board of County Commissioners. This application is scheduled before the
Board of County Commissioners on Wednesday, March 17, 1999 at 9:00 a.m. The Board of
County Commissioners meet at the Centennial Center located at 915 10th Street, on the first
floor.
Enclosed please find a copy of the staff recommendation to the Board of County
Commissioners. Also enclosed is a copy of potential conditions of approval should the request
be approved.
Please call me if you have any questions or require further information.
Sincerely,
o allstadt
Planner
pc: Recorded Exemptions #RE-2425, RE-2426, SE-757 files
990526
•
0
(it
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX(970)352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
' C 1400 N. 17TH AVENUE
GREELEY, COLORADO
80631
COLORADO February 24, 1999
Board of County Commissioners
Weld County Centennial Center
915 10th Street
Greeley, CO 80631
Subject: Recorded Exemptions #RE-2425, RE-2426, SE-757 and COC for Accessory to Farm
Dear Commissioners:
Richard and Elizabeth Wilson have requested the aforementioned applications located in Section
33, T2N, R67W of the 6th P.M. The subject parcels are located west of and adjecent to WCR 19;
approximately 180 feet south of WCR 16 and approximately 180 feet east of WCR 17 The parcels
of land in question are designated as prime, prime if irrigated and other land by the USDA.
Staff is requesting that the Board of County Commissioners review these applications due to staff
concerns, past history which includes the Board of County Commissioners' denial of ZPAD-79 and
concerns expressed by the City of Dacono as well as surrounding property owners.
1. RE-2425 in conjunction with SE-757
The City of Dacono indicated in a referral response received February 10, 1999 that RE-
2425 does not comply with their Comprehensive Plan. Staff has the following concerns
pertaining to RE-2425 and SE-757:
A. The applicant discussed this application for recorded exemption in conjunction with
a subdivision exemption on the eastern 88 acre parcel with the Department of
Planning staff prior to submitting these applications, however, the application
materials do not reflect staffs recommended configuration. RE-2425 in conjunction
with SE-757 proposes to create Lot A which would include ZPAD-67 and MHP-498.
The applicant has indicated that the accessory dwelling on Lot A will be justified as
the occupants will be employed at a proposed greenhouse on Lot A. The application
materials also propose that the two older homes be located on the SE lot, leaving Lot
B as a vacant building site. Staff had directed the applicant to separate the two older
homes, one being on the SE lot and the other being located on Lot B (please see
letter dated December 1, 1998 from Scott Ballstadt, Planner). This would essentially
address the issue of multiple houses on one lot and would not create a new building
site. Should the applicant amend the application materials to reconfigure the SE lot,
staff would recommend approval with the attached conditions.
•
RE-2425, RE-2426, SE-757 and COC for Accessory to Farm
Page 2
2. RE-2426
The City of Dacono indicated in a referral response received February 10, 1999 that RE-
2426 does not comply with their Comprehensive Plan. Staff has the following concerns
pertaining to RE-2426:
A. This recorded exemption application on the western 100 acres proposes to create
a 20 acre Lot A in the northwest portion of the site, approximately 180 feet from the
intersection of WCRs 16 and 17. Staff has concerns that the potential cumulative
number of residences created, if all of these applications are approved, would total
eight without utilizing the PUD process. Section 2.21 of the Weld County
Subdivision Ordinance and Section 10.1 of the Weld County Zoning Ordinance
define Urban Scale Development as "developments exceeding five (5) lots...".
A.Goal 7 of the Weld County Comprehensive Plan strives to "Protect agricultural
land from encroachment by those urban uses which hinder the operational efficiency
and productivity of the agricultural uses." However, the applicants have indicated
that they plan to submit a minor subdivision on the 20 acre parcel if RE-2426 is
approved.
3. Certificate of Compliance for Accessory to the Farm
A. Based upon information supplied by the applicant, the Department of Planning
Services and County Attorneys Office determined in October that the approximate
41 acre parcel located south of the FRICO ditch is a separate, legal parcel (please
see letter dated October 6, 1998). The applicant then proceeded to obtain building
permits and moved a stick-built structure onto the parcel. The Certificate of
Compliance proposes an Accessory to the Farm mobile home to be placed on this
parcel as well. The 41 acre parcel is currently in grass and does not contain -
livestock. Due to the low intensity of the farming operation on the 41 acre parcel,
staff has concerns that an Accessory to the Farm mobile home may not be justified
in accordance with Section 43.2.3.1.1 which states, "The MOBILE HOME will be
occupied by persons principally employed at or engaged in the operation of the USE
where the MOBILE HOME is located..." as well as "...the mobile home occupant(s)
is principally employed at or engaged in the farming operation on the subject
property."
The Department of Planning Services' staff requests that the Board of County Commissioners
consider the application and determine if the standards of Section 11 of the Weld County
Subdivision Ordinance have been met and adhere to the goals and policies of the Weld County
Comprehensive Plan.
Respectfully submitted,
<,1�i 6t
Scott Ballstadt
Planner
cc: Richard and Elizabeth Wilson
Monica Daniels-Mika, Planning Director
Weld County Attorneys
c:\apps\re\wilson
I • •
WIDEPARTMENT`PC REORDED EXEMPTION
SERVICES
COLORADO
Applicant: Richard & Elizabeth Wilson I Case Number: RE-2426
Legal Description: Part of the N1/2 of Section 33, T2N, R67W of the 6th P.M., Weld County, CO.
Parcel Identification Number: 1311 33 000036
Lot C Size: n/a Lot B Size: 80 +/-acres Lot A Size: 20 +/-acres
Water Source: Central Weld County Water District Sewer Source: Septic System d �+
Approved with Conditions
This Recorded Exemption is approved with the following conditions:
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. WCRs 16 and 17 are designated on the Transportation Plan Map as local gravel roads which require 60 feet of
right-of-way at full build out. There is presently 60 feet of right-of-way. These roads are maintained by Weld
County.
3 Pursuant to Ordinance 169A, oil and gas, and ditch roads that are necessary for your agricultural operation. No
additional accesses shall be granted The applicant shall contact the oil and gas or ditch owner to obtain. in
writing, permission to utilize their access road for a residential access. (Lots A and B)
4. Prior to recording the plat:
A. The applicant shall submit a deed which has been recorded with the Weld County Clerk and Recorder for
the subject 100 acres to the Department of Planning Services.
B. 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. Pursuant to the definition of SETBACK in the Weld
County Zoning Ordinance(Ordinance 89, as amended), the required setback is measured from the
future right-of-way line
2) Any future structures or uses on site must obtain the appropriate zoning and building permits
3) The Board of County Commissioners support this recorded exemption application, however,
subsequent recorded exemption applications on adjacent properties will raise the issue of
compliance with the intent of the Recorded Exemption process.Approval of this recorded exemption
does not guarantee approval of future applications on adjacent properties.
4) Prior to the release of building permits on Lot A or B, the applicant will be required to submit a
recorded deed describing the lot upon which the building permit is requested with the building permit
application. The legal description on such deed shall include the lot and recorded exemption
number.
RE-2426 Wilson
Page 2
5) Pursuant to Ordinance 169A, if noxious weeds exist on the property or become established as a
result of the proposed development, the applidantllandowner shall be responsible for controlling the
noxious weeds.
6) Prior to the release of building permits on Lot A or 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.
5. 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.
a
Kit
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3559
FAX (970) 352-6312
C. WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
January 22, 1999
Elizabeth Wilson •
6767 WCR 19
Fort Lupton, Colorado 80621
RE: Part of the N112 of Section 33, T2N, R67W of the 6th PM
Dear Ms. Wilson:
The Department of Planning Services has received your applications for two Recorded
Exemptions (RE), Subdivision Exemption (SE) and Certificate of Compliance for an Accessory to
the Farm mobile home.
I have not yet assigned a case number to your cases as I am giving you the opportunity to revise
your Recorded Exemption in conjunction with Subdivision application so that the SE parcel and
Lot B of the RE each include a stick-built home as a principal dwelling. I have discussed this at
length with you, documenting such in my letter of December 1, 1998 (please see attached). I am
giving you this opportunity to revise the application as staff will have strong concerns with the
application as proposed which may result in a recommendation of denial to the Board of County
Commissioners. Section 31.2.1 of the Weld County Zoning Ordinance allows for one (1) single
family dwelling unit per legal lot as a use by right.
Additionally, adequate documentation that the occupant of the mobile home will be principally
employed on the farm was not submitted with the Certificate of Compliance. The Weld County
Zoning Ordinance requires documentation which substantiates the use of accessory farm
dwellings as follows:
43.2.3.1.1 The MOBILE HOME will be occupied by persons principally employed at or engaged
in the operation of the USE where the MOBILE HOME is located. ACCESSORY farm USE of
the mobile home shall be established and revalidated on an annual basis as follows: Evidence
shall be submitted by the applicant or property owner by the first of each year for review and
acceptance by the Department of Planning Services verifying that the mobile home occupant(s)
is principally employed at or engaged in the farming operation on the subject property. The
evidence shall consist of tax records, employment agreements or other documentation as
determined suitable by the Department of Planning Services. Failure to submit the required
documentation may result in cessation of the allowance of the MOBILE HOME for TEMPORARY
ACCESSORY Farm USE.
Elizabeth Wilson
Page 2
Please notify me of your intention to either revise the current application or proceed as
proposed. If I do not hear from you by February 5, 1999 I will proceed as you have currently
proposed, which may result in denial of the application. Please call me if you have any
questions.
Sincerely,
Scott Ballstadt
Planner
cc: property research file
Monica Daniels-Mika, Director
Bruce Barker, Attorney
end: letter dated December 1, 1999
DEPARTMENT OF PLANNING SERVICES
I PHONE (970) 353-6100, EXT.3559
FAX (970) 352-6312
Y,INISTRATIVE OFFICES
C WELD COUNTYLtE C N. 17T AVENUE
80631
COLORADO
December 1, 1998
Elizabeth Wilson
6767 WCR 19
Fort Lupton, Colorado 80621
RE: Part of the N1/2 of Section 33, T2N, R67W of the 6th PM
Dear Ms. Wilson:
This letter is intended to follow up our conversation of Wednesday, November 25, 1998. I
discussed your proposed recorded exemption and subdivision exemption configuration with staff
and it was confirmed that only one residence would be allowed on the SE lot as I informed you
during our conversation
There are currently four residences on the property including a principal residence and
accessory structures permitted through MHP-498, ZPAD-67 and. 9- The configuration
which you propose indicates that the principal dwelling and accessory mobile home will be
located on Lot A, the two older stick-built homes will be located on the SE parcel and Lot B will
be vacant.
Section 31.2.1 allows for one (1) single family dwelling unit per legal lot as a use by right,
therefore staff has determined that the SE parcel shall contain one of the older stick-built homes
and the other shall be located on Lot B as the principal dwelling. You have indicated that you
will submit the appropriate documentation to justify the accessory mobile home on Lot A in
accordance with Section 43 2 3 1 1
Please adjust your recorded exemption and subdivision applications accordingly prior to
submittal. Please call me if you have any questions.
Sincerely, V
9C..Z \fC
Scott Ballstadt
Planner II \�\
cc: property research file
Certified Mail # Z III 357 351 6767 WCR 19
Ft. Lupton, Colorado 80621
December31, 1998
Scott Ballstadt, Planner II Weld County Planning Dept.
Weld County Planning Department
MOO N. 17th Avenue
Greeley, Colorado 80631 JAN 1 3 1999
HEGtI N ED
Dear Mr. Ballstadt:
We received your letter concerning the documentation for our accessory dwellings. I am
enclosing the requested documentation, under protest, first because you are well aware from our
conversations and from previously existing documentation,that the people living here are
primarily engaged in this farming operation. Secondly, because it was only"required"after our
telephone conversation when 1 told you that the Recorded Exemption and Subdivision
Exemption proposals, as you stated Planning would like to see them, are of absolutely no
advantage to us. Finally, the documentation for accessory dwellings has never been "required"
from this farm before, since 1980, and is not required currently from all other farmers who have
accessory dwellings on their properties. This fact was verified in a telephone conversation with
Bruce Barker on December 16, 1998, shortly after your letter arrived.
You told me also in the telephone conversation referenced in your letter that Planning would
have"concerns" if we applied for a Recorded exemption on the 40+ acre parcel created by the
irrigation ditch, which has been in existence since 1915,but which Planning only recently
acknowledged. These "concerns"would be that we are trying to circumvent the Subdivision
regulations, even though Planning knows that is not the case. The first two houses have been
here over 50 years. In 1980, the mobile home accessory dwelling was added. Since then,only
one house has been added to each of two parcels which total 240 Acres!
Planning has further assurance that we are not trying to circumvent the subdivision requirements,
since a minor subdivision on the proposed recorded exemption parcel was one option we
discussed,but which Planning did not approve. Last year's planner, Todd Hodges, suggested
that we put in a minor subdivision on this site. Planning objected to an additional accessory
dwelling at that time, even though stick built accessory dwellings were then allowed by the
Ordinance. A similar stick built accessory,Z-PAD 69, had in fact been approved the previous
year by the Planning Department, under the same Ordinance. In 1995, when we first contacted
them,the Planning Department told us to apply for each accessory dwelling separately, then in
1996, when we applied for the second,asked why we hadn't applied for both together.
Every Z-PAD prior to ours had been approved, with very little documentation required,
including multiple stick built and mobile combinations(see Z-PAD 77, spring of 1997). Eery
other farmer got what they said they needed, without having to prove anything,even in large
multiples(see Z-PADS for Philip Anschutz at Equus and for National Hog Farms) Accessory
dwellings on farms have ALWAYS been approved, based on the farmers' assessments of their
needs. If you would like further documentation, see George Baxter's comments on the transcript
of the April 30, 1997 hearing before the Weld County Commissioners regarding Z-PAD- 79.
In addition, you and I have discussed the possibility of a minor subdivision in the northwest
corner of our property-an option you said Planning staff tentatively approves. This again
illustrates Planning's awareness that we are not attempting to circumvent any regulation, but
rather Hying to find a way to accomplish our farm's goals that is agreeable to the current group
of planners. Since the Ordinance is written with the intention of allowing people these
exemption uses of their property, we believe Planning should attempt to assist people to use the
process as written, rather than looking for some interpretation that precludes it. That individual
interpretation and assignment of intent leads to inconsistency and unfairness and makes the
process burdensome and oppressive. That is not the intent of the Ordinance.
Attempting to force us into a land division which will increase our taxes, give us awkward
parcels, leave us with an older, 660 square foot dwelling as the main house on the SO+ Acre
main parcel,and not give us even one additional building site is an abuse of the process Planning
is supposed to be consistently and fairly implementing in Weld County.
Our intent is now, and has always been, to provide suitable housing on this family farm for our
young adult children, who want to continue the agricultural business we have started, and to
raise their families in the country. We have made numerous, varied and ongoing attempts to
work with Weld County to that end.
We have had numerous letters and calls to Planning and other Weld County government offices
go ignored and unanswered. We have been subjected to confusing and conflicting suggestions
from different planners. We have been subjected to public humiliation, harassed by unfounded
"complaints" investigations, and have been prohibited from a right and reasonable use of our
property that was legal and allowed under the ordinances all along,all under color of law.
Planning's arbitrary and capricious interpretation of the Weld County Zoning Ordinance and the
process of implementing it has further resulted in a substantial loss of opportunity and income
for us. We were hindered from getting our agricultural business up and running as we had
planned,because some of the people who are crucial to the operation were prevented from living
on site. We have had a groundless, time-consuming,expensive —both to us and the taxpayers of
Weld County— lawsuit filed against us and then dismissed by Weld County, even though we had
changed nothing. We were prevented from accessing our own assets for necessary capital
expenditures by the accompanying!is pendens. Weld County needs to realize the impact of its
decisions on citizens, and to be held accountable for the damage whimsical and inconsistent
interpretation and application of the written regulations causes.
The Zoning Ordinance and Subdivision Ordinance claim to support agriculture, but in practice,
agriculture is discouraged, and expensive,tax revenue producing development projects are
promoted instead. The ordinances should be plainly written,easily understood, consistently
applied,and staff should work WITH the citizen who is vying to use his property in a right and
reasonable manner,rather that looking for a"concern"that is not part of the ordinance.
Our Recorded Exemption and Subdivision Exemption proposals use existing improvements and
divide the land in a reasonable and orderly fashion, within the intent of existing criteria. The
proposed subdivision exemption keeps the original two homes on one parcel,and keeps the
existing agricultural improvements-barn,shop,corrals, granary,etc.-intact. Your proposal would
be difficult to implement within the setbacks, without forfeiting usable existing structures.
Your letter states that there is no"Na " file for the second house, which was built long before
there was a Planning Department. Since it is not on record as a non-conforming use, and since ,
according to the Zoning Ordinance created about 1972, each house must be on its own parcel,
then it must already be on its own separate parcel,just like the 40 acres south of the ditch. That
40 Acres has also been a separate parcel since long before the Planning Department existed,
even though the parcel was only recently acknowledged by the department Putting it on its own
parcel would certainly solve the problem of whether the second house should go on the
Subdivision Exemption or on the main parcel. We will be glad to have the parcel surveyed and
duly recorded, as we are now doing with the land south of the ditch.
There are numerous public records available to you if you wish to research a construction date
for the second house. It certainly precedes the Planning Department. Please provide us with
your statutory and regulatory authority for asking us to provide "evidence". The apparently
questionable state of record keeping in Weld County, and the planners' confusion over what has
already occurred, as evidenced by your earlier letter, is not for the citizens to rectify, but rather
something that should be dealt with within the Planning Department.
We have made repeated and ongoing good faith efforts over the last three years to accomplish a
reasonable goal-provide suitable housing for workers on this farm-while working within the
guidelines and intent of the Weld County Zoning Ordinance. We intend to continue toward our
goal,and we need clear, concise, consistent direction concerning what avenues are open to us
and what the requirements are for each one, something which we have not been given to date.
Expecting citizens to apply for projects that fall within the guidelines of the Zoning Ordinance
only to be turned down on a capricious and arbitrary interpretation of the ordinances and their
"intent" is a flagrant violation of our rights to substantive and procedural due process. We have
already documented a litany of offenses against our civil rights during the course of doing
business with Weld County government, and we intend to pursue whatever legal means arc
available to us to protect and defend ourselves and our property.
Sincerely, '
cc: Bruce Barker
Monica Daniels-Mika
AFFIDAVIT
STATE OF COLORADO )
) ss
County of Weld )
I, James Enos Dowd, being of lawful age and being first duly sworn,
state as follows:
I That I am principally engaged in the family farming operation at this location.
2.. That I live at 6747 WCR 19, Ft. Lupton, Colorado 80621.
Subscribed and sworn to me this Al _day of December, 1998.
My commission expires: /D`/ j-aO
401.
ire
t? Public
AFFIDAVIT
STATE OF COLORADO )
) ss
County of Weld
I, Elizabeth Wilson, being of lawful age and being first duly sworn, state
as follows:
1. That 1 am principally engaged in the family farming operation at this location.
2. That 1 live at 6767 WCR 19, Fort Lupton, Colorado, 80621.
Subscribed and sworn to me this / day of December, 1998.
My commission expires: 10 - `I -a0 O a
o Public
Certified Mail tt Z III357 351 6767 WCR 19
Ft Lupton, Colorado 80621
December31, 1998
Scott Ballstadt, Planner II Weld County Planning Dept.
Weld County Planning Department
1400 N. 17th Avenue JAN 0 4. 1999
Greeley, Colorado 80631
RECEIVED
Dear Mr. Ballstadt:
We received your letter concerning the documentation for our accessory dwellings. I am
enclosing the requested documentation, under protest, first because you are well aware from our
conversations and from previously existing documentation, that the people•living here are
primarily engaged in this farming operation. Secondly, because it was only "required" after our
telephone conversation when I told you that the Recorded Exemption and Subdivision
Exemption proposals, as you stated Planning would like to see them, are of absolutely no
advantage to us. Finally, the documentation for accessory dwellings has never been "required"
from this farm before, since 1980, and is not required currently from all other farmers who have
accessory dwellings on their properties. This fact was verified in a telephone conversation with
Bruce Barker on December 16, 1998, shortly after your letter arrived.
You told me also in the telephone conversation referenced in your letter that Planning would
have "concerns" if we applied for a Recorded exemption on the 40+ acre parcel created by the
irrigation ditch, which has been in existence since 1915, but which Planning only recently
acknowledged. These "concerns" would be that we are trying to circumvent the Subdivision
regulations, even though Planning knows that is not the case. The first two houses have been
here over 50 years. In 1980, the mobile home accessory dwelling was added. Since then, only
one house has been added to each of two parcels which total 240 Acres!
Planning has further assurance that we are not trying to circumvent the subdivision requirements,
since a minor subdivision on the proposed recorded exemption parcel was one option we
discussed, but which Planning did not approve. Last year's planner, Todd Hodges, suggested
that we put in a minor subdivision on this site. Planning objected to an additional accessory
dwelling at that time, even though stick built accessory dwellings were then allowed by the
Ordinance. A similar stick built accessory, Z-PAD 69, had in fact been approved the previous
year by the Planning Department, under the same Ordinance. In 1995, when we first contacted
them, the Planning Department told us to apply for each accessory dwelling separately, then in
1996, when we applied for the second, asked why we hadn't applied for both together.
Every Z-PAD prior to ours had been approved, with very little documentation required, N
including multiple stick built and mobile combinations (see Z-PAD 77, spring of 1997). Every
other farmer got what they said they needed, without having to prove anything, even in large
•
multiples (see Z-PADS fbr Philip Anschutz at Equus and for National Hog Farms) Accessory
dwellings on farms have ALWAYS been approved, based on the farmers' assessments of their
needs. If you would like further documentation, see George Baxter's comments on the transcript
of the April 30, 1997 hearing before the Weld County Commissioners regarding Z-PAD- 79.
In addition, you and I have discussed the possibility of a minor subdivision in the northwest
corner of our property-an option you said Planning staff tentatively approves. This again
illustrates Planning's awareness that we are not attempting to circumvent any regulation, but
rather trying to find a way to accomplish our farm's goals that is agreeable to the current group
of planners. Since the Ordinance is written with the intention of allowing people these
exemption uses of their property, we believe Planning should attempt to assist people to use the
process as written, rather than looking for some interpretation that precludes it. That individual
interpretation and assignment of intent leads to inconsistency and unfairness and makes the
process burdensome and oppressive. That is not the intent of the Ordinance.
Attempting to force us into a land division which will increase our taxes, give us awkward
parcels, leave us with an older, 660 square foot dwelling as the main house on the 80+ Acre
main parcel, and not give us even one additional building site is an abuse of the process Planning
is supposed to be consistently and fairly implementing in Weld County.
Our intent is now, and has always been, to provide suitable housing on this family farm for our
young adult children, who want to continue the agricultural business we have started, and to
raise their families in the country. We have made numerous, varied and ongoing attempts to
work with Weld County to that end.
We have had numerous letters and calls to Planning and other Weld County government offices
go ignored and unanswered. We have been subjected to confusing and conflicting suggestions
from different planners. We have been subjected to public humiliation, harassed by unfounded
"complaints" investigations, and have been prohibited from a right and reasonable use of our
property that was legal and allowed under the ordinances all along, all under color of law.
Planning's arbitrary and capricious interpretation of the Weld County Zoning Ordinance and the
process of implementing it has further resulted in a substantial loss of opportunity and income
for us. We were hindered from getting our agricultural business up and running as we had
planned,because some of the people who are crucial to the operation were prevented from living
on site. We have had a groundless, time-consuming, expensive --both to us and the taxpayers of
Weld County-- lawsuit filed against us and then dismissed by Weld County, even though we had
changed nothing. We were prevented from accessing our own assets for necessary capital
expenditures by the accompanying Its pendens. Weld County needs to realize the impact of its
decisions on citizens, and to be held accountable for the damage whimsical and inconsistent
interpretation and application of the written regulations causes.
The Zoning Ordinance and Subdivision Ordinance claim to support agriculture, but in practice,
agriculture is discouraged, and expensive, tax revenue producing development projects are
promoted instead. The ordinances should be plainly written, easily understood, consistently
applied, and staff should work WITH the citizen who is trying to use his property in a right and
reasonable manner, rather that looking for a "concern" that is not part of the ordinance.
Our Recorded Exemption and Subdivision Exemption proposals use existing improvements and
divide the land in a reasonable and orderly fashion, within the intent of existing criteria. The
proposed subdivision exemption keeps the original two homes on one parcel, and keeps the
existing agricultural improvements-barn, shop, corrals, granary, etc.-intact. Your proposal would
be difficult to implement within the setbacks, without forfeiting usable existing structures.
Your letter states that there is no "NCU" file for the second house, which was built long before
there was a Planning Department. Since it is not on record as a non-conforming use, and since ,
according to the Zoning Ordinance created about 1972, each house must be on its own parcel,
then it must already be on its own separate parcel,just like the 40 acres south of the ditch. That
40 Acres has also been a separate parcel since long before the Planning Department:existed,
even though the parcel was only recently acknowledged by the department. Putting it on its own
parcel would certainly solve the problem of whether the second house should go on the
Subdivision Exemption or on the main parcel. We will be glad to have the parcel surveyed and
duly recorded, as we are now doing with the land south of the ditch.
There are numerous public records available to you if you wish to research a construction date
for the second house. It certainly precedes the Planning Department. Please provide us with
your statutory and regulatory authority for asking us to provide "evidence". The apparently
questionable state of record keeping in Weld County, and the planners' confusion over what has
already occurred, as evidenced by your earlier letter, is not for the citizens to rectify, but rather
something that should be dealt with within the Planning Department.
We have made repeated and ongoing good faith efforts over the last three years to accomplish a
reasonable goal-provide suitable housing for workers on this farm-while working within the
guidelines and intent of the Weld County Zoning Ordinance. We intend to continue toward our
goal,and we need clear, concise, consistent direction concerning what avenues are open to us
and what the requirements are for each one, something which we have not been given to date.
Expecting citizens to apply for projects that fall within the guidelines of the Zoning Ordinance
only to be turned down on a capricious and arbitrary interpretation of the ordinances and their
"intent" is a flagrant violation of our rights to substantive and procedural due process. We have
already documented a litany of offenses against our civil rights during the course of doing
business with Weld County government, and we intend to pursue whatever legal means are
available to us to protect and defend ourselves and our property.
Sincerely,
a Th- -i---
cc: Bruce Barker
Monica Daniels-Mika
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CITIZEN INQUIRY FORM
WELD COUNTY DEPARTMENT OF PLANNING SERVICES/BUILDING INSPECTION
1400 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100 Ext. 3540 Fax: (970) 352-6312
TELEPHONE ❑ OFFICE FIRST INQUIRY? ❑ YES ❑ NO DATE: , -''- i`,
NAME I L i 2 ,-
' \I'; l , i " + ; PHONE: ; f-- : ,'' ,
ADDRESS OR LEGAL DESCRIPTION:
REFERENCE NUMBER:
TYPE OF INQUIRY:
_ MHZP SKETCH PLAN _ MINOR SUB SKETCH PLAN
ZPMH _ PRELIMINARY PLAN _ MINOR SUB FINAL PLAT
,<, RE _ FINAL PLAT _ ZONING
AMENDED RE _ RESUBDIVISION _ ADDRESSING
SE _ FHDP _ BUILDING PERMIT
AMENDED SE _ GHDP _ SETBACKS/OFFSETS
_ SITE PLAN REVIEW _ USR _ HOME OCCUPATION
_ REZONING AMENDED USR _ VIOLATION
_ PUD SKETCH PLAN _ USR MINING _ OTHER
_ PUD DISTRICT _ USR MAJOR FACILITY _
PUD FINAL PLAT USR DISPOSAL SITE
STAFF PERSON: ';;'f •1.. l' r,•
ITEMS DISCUSSED:
r'' .1. t_ _ : :J'v, 4, I' . i.. - ' . ` t d,- i`'
,
I is :_ ,. [rJ l • ..f��<. 'J.: i. `'S',
i
, 1: CI (Li: : . '.. '-' .'i2 ,. •Y "_, (,, i t ,._ , _. i. l� /,'. l ;A;.•i
•
Time Spent: 4r, i'-- ' Staff Member Initials:
citizen.shl
•
MEMORANDUM
0���D From: Scott B Sstadt7P anneS3CC-99-001 files March 17, 1999
TO: RE-2425,
SUBJECT: BCC action on these cases
The Board of County Commissioners approved RE-2425 in conjunction with SE-757 as
proposed by the applicant on 3/17/99. The configuration will allow the two older structures to be
located on the SE lot and the two accessory to farm structures (ZPAD-67 & MHP-498) to be
located on Lot A. Lot B will be a vacant building site. One of the structures on the SE lot will be
designated the principal dwelling and the other shall be established as an NCU. ZPAD-67 will
now be considered the principal dwelling on Lot A, RE-2425, as it is a stick-built structure on a
permanent foundation, and MHP-498 is an Accessory to Farm mobile home which will require
annually updated justification in accordance with Section 43.2.3 of the Weld County Zoning
Ordinance.
The Board of County Commissioners denied RE-2426 on 3/17/99.
The Board of County Commissioners also denied CC-99-001 for an Accessory to Farm mobile
home proposed to be located on the approximate 41 acres south of the FRICO ditch on 3/17/99.
Please see all of the aforementioned files for complete case history.
rit
IlDBUILDING INSPECTION DEPARTMENT
PHONE (970)353-6100,EXT3538
FAX
70)351-0978
C. WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
COLORADO GREELEY,COLORADO 80631
fax transmittal
to: Elizabeth Wilson
fax: 303/833-2727
from: Scott Ballstadt, Planner
date: March 9, 1999
re: letters & RE application form
pages: 5 including this page
NOTES: If you can fill out the application form as soon
as possible I will see if it can be heard with
the other applications. Also, the letter from
the bank which explains that they cannot
accept an SE for financing purposes would be
helpful, if not with the RE application, at least
for the County Commissioners' hearing.
SERVICE TEAMWORK,INTEGRITY,QUALITY
• 111
marzch 9, /999 Weld County Planning Dept.
Weld County Board of .CommtastonenA PP9R Qy 1999
P. 0. Box 758
Grteeley, co. 80632 RECEIVED
Attn: CommtsstonenA
Re; fit 2425 - 'Pt 2426- St 757- Wtlson 's Legal lot W.
We ane verzy concerned wtt/, all then. appltcattons and the concentrated
type of development tahtng place at thts location. We plan to be
przenent /ganch /7, /999 when these will be heard before you.
We ash that you aevtew the testimony of the April 30, /997, Board of
County CommtAAtonen Meeting, 2-PAD #79 Wtlson. Also Planning Staff
necommendatton letten fon dental . Many of the same issues appears tn
minutes as appear tn these appltcattonA, tn san. '96 they had a penmit
fon a Attch 6utld acc. to farm appnoved bases on some- of then ag. tdeaA
Unfortunately all that has matentalt3ed to houses, Goys, and auto
aepata activates, comtng and going all ntyht long .
In neadtng appltcattonA 1 nee mone expanaton plans; all LABOR 10tNSIVt
ongantc wheat, oagantc hay, hen/A , gneenhouae laequtatng Apltf Ahtftn,
the ntght chew to in tnatntn9l, cattle head, elk head, almost forget
them chtchenn. ' hen the newest , btggeAf , and Auae to get them anothen
temp. acc. to faam, 1/ORSt BOARDING . lhat 's a majon people need.
fon a fact they 'ne going to need one mone pennon fon weed control,
aA aevenal of us netghbonA ane going to aAh that they contaol canada
thtafles.
We ane not opposed to theta ag. ideas but very troubled because the
houAeA have been given, the people ane here, but yet eveny ag. acttvttt.
ane attll tn planning atagea. We ane also concern that the houses
appear not to be Atngle-family dwelltnyA, but have many people Ataytng.
(Utlnon 'A have Aatd on necoad evenyone pays towands the paopenty, thuA
none houses, mone people????
• •
One of the. app.Ltcattona appeana to be a cnctitve way to take a 30 gn.
old dtlaptddted. fnailen acc. temp. (aim and make Lt a penm. dwelling,
6g aplLttLng pnopenttea on neclaa.tfytng an. /9aktng all (Lve homey
unden aepaate title, thL. Ls mtnon aubdtvtdtr►g and not the intent of
uae Ln the agatcultune 3one dtatntct, in mg 'batted undenatandtng of
jontng. lhLa looha 'the a amohe and mtaaon act becauae adequate
documentation of (aim uae cannot be paeaented to Weld ctg.
In anawena to queation; la Lt conatatent wtth exidttng land uae. . . •
ABSOLU%LLY NO% ---- Lompaftble wtth aunnoundLng pnopenttea. . . .
ABSOLO/LLY N0% ----Pnomote4 health, aafelg and gene/ca.( welfane of
neatdenta of county----ABSOLUltL9 NO! . . .
In oun letten dated tan. 3/, /997 neguandtng Z7'AU #79 Wtlaon contatn
thta laat panagnaph;
/ hies negueat La bayed on expan4Lon planes of a non-extating (aim
openatton and will neault Ln a pooalg planned, oveapopulafed
4u6-dtvt4ion. We aak /on dental of thta penmtt . We aak (on
nemoval of the othen acc. uae-temp. dwell ng, an 5oning neg.utnea
because of cenaatton of uae.
lhanh You fo Yuan Lonatd nation,
/
L'/ / ca /j Gaz,Wit,
/homaa L. + Lana L . Spunling 111
6648 W.C. 2d. /9
Ft. Lipton, CO. LJ062/
303-633-3/32
•
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MAR 0 9 1999 )
iVED
From: BRUCE BARKER
To: NORTHDOMAIN.NORTHPOST(AJOHNSON)
Date: 2/9/99 2 :26pm
Subject: Dacono: Elizabeth Ann and Richard Lee Wilson -Reply
She left me a message before lunch. I called her back to let her know that
the only court action that is still pending is the original ZPAD denial from
April, 1997, that is still in the Court of Appeals. Bruce.
>>> ANNE JOHNSON 02/09/99 01:28pm >>>
Dacono City Councilwoman, Mary Gavin just contacted me concerning prior issues
between Weld County and Elizabeth Ann and Richard Lee Wilson. Ms. Gavin would
like to know if the Wilsons and the County have resolved issues. I did not
know what to tell her, so, the question is for you. Please let me know what I
can tell Ms. Gavin. (303) 833-2781. Thank you.
a DEPARTMENT OF PLANNING SERVICES
e
(fit; Weld County Administrative Offices
1400 N. 17th Avenue
Greele353-610,, OE 806310
Phone(970)353-6100, Ext.3540
Fax(970)352-6312
111 C.
COLORADO
February 3, 1999
Richard and Elizabeth Wilson
6707 WCR 19
Ft Lupton, CO 80621
Subject: RE-2426- Part of the N2 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado.
Dear Mr. and Mrs. Wilson:
Your recorded exemption application is being processed. If it is determined that the application meets the
approval criteria of the Weld County Subdivision Ordinance, you will be notified that the recorded exemption
is approved. If the staff determines that the application does not meet the approval criteria, you will be notified
and asked to appear before the Board of County Commissioners at a public hearing. You will be informed
of the hearing date prior to the hearing. The Board of County Commissioners will then consider your
application and make a final decision on the recorded exemption.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three
miles of the property in question or if the property under consideration is located within the comprehensive
planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials
to the Dacono, Firestone, and Frederick Planning Commission for their review and comments. It is
recommended that you and/or a representative be in attendance at the Dacono, Firestone, and Frederick
Planning Commission meeting to answer any questions the Commission members may have with respect to
your application. Please call City of Dacono at 303-833-2317; Town of Firestone at 303-833-3291; and Town
of Frederick at 303-833-2388, for further details regarding the date, time, and place of these meetings.
If you have any questions concerning this matter, please call me.
Sincerelyy,,, 1, -
Scott Ballstadt
Planner
• •
1 DEPARTMENT OF PLANNING SERVICE
I PHONE (970) 353-6100, EXT.355
II II FAX (970) 352-631
C. WELD COUNTY ADMINISTRATIVE OFFICE
1400 N. 17TH AVENU
GREELEY, COLORADO 8063
COLORADO
December 15, 1998
Elizabeth Wilson
6767 WCR 19
Fort Lupton, Colorado 80621
RE: Part of the N1/2 of Section 33, T2N, R67W of the 6th PM
Dear Ms. Wilson:
This letter is intended to follow up our phone conversations of December 8 and 15, 1998. The
Weld County Zoning Ordinance requires documentation which substantiates the use of
accessory farm dwellings as follows:
43.2.3.1.1 The MOBILE HOME will be occupied by persons principally employed at or engaged
in the operation of the USE where the MOBILE HOME is located. ACCESSORY farm USE of
the mobile home shall be established and revalidated on an annual basis as follows: Evidence
shall be submitted by the applicant or property owner by the first of each year for review and
acceptance by the Department of Planning Services verifying that the mobile home occupant(s)
is principally employed at or engaged in the farming operation on the subject property. The
evidence shall consist of tax records, employment agreements or other documentation as
determined suitable by the Department of Planning Services. Failure to submit the required
documentation may result in cessation of the allowance of the MOBILE HOME for TEMPORARY
ACCESSORY Farm USE.
There are currently four residences on the property including a principal residence, a non-
conforming dwelling and accessory structures permitted through MHP-498 and ZPAD-67. My
previous letter of December 1, 1998, mistakenly indicated that one of the existing structures was
permitted by ZPAD-79, when in fact ZPAD-79 was actually denied by the Board of County
Commissioners. Since MHP-498 and ZPAD-67 were approved for accessory farm uses, staff
requests that you submit evidence in accordance with Section 43.2.3.1 1 to substantiate these
uses by Thursday, December 31, 1998. If you are unable to submit such evidence, the recorded
exemption and subdivision applications which you had been contemplating may provide you with
an alternative.
Elizabeth Wilson • •
Page 2
•
Also, I have been unable to locate evidence that a Non-Conforming Use (NCU) file has been
established for the non-conforming structure. Please provide evidence to the Department which
documents a construction date so that I may establish an NCU file for this structure. The Weld
County Assessor's office may be of assistance to you,in obtaining such evidence.
Please call me if you have any questions.
Sincerely,
Scott Ballstadt
Planner II
cc: property research file
Monica Daniels-Mika, Director
Bruce Barker, Attorney
• •
a
Kit
DEPARTMENT OF PLANNING SERVICE'
PHONE (970) 353-6100, EXT.3551
FAX (970) 352-631:
C. WELD COUNTYADM1400 N.INISTRATIVE
COLORADO
TH VENUE
GREELEY,
COLORADO
December 1, 1998
Elizabeth Wilson
6767 WCR 19
Fort Lupton, Colorado 80621
RE: Part of the N1/2 of Section 33, T2N, R67W of the 6th PM
Dear Ms. Wilson:
This letter is intended to follow up our conversation of Wednesday, November 25, 1998. I
discussed your proposed recorded exemption and subdivision exemption configuration with staff
and it was confirmed that only one residence would be allowed on the SE lot as I informed you
during our conversation tba%\1 4)
There are currently four residences on the property including a principal residence and
accessory structures permitted through MHP-498, ZPAD-67 and ZPAD-7 The configuration
which you propose indicates that the principal dwelling and accessory mobile home will be
located on Lot A, the two older stick-built homes will be located on the SE parcel and Lot B will
be vacant.
Section 31.2.1 allows for one (1) single family dwelling unit per legal lot as a use by right,
therefore staff has determined that the SE parcel shall contain one of the older stick-built homes
and the other shall be located on Lot B as the principal dwelling. You have indicated that you
will submit the appropriate documentation to justify the accessory mobile home on Lot A in
accordance with Section 43 2 3.1.1
Please adjust your recorded exemption and subdivision applications accordingly prior to
submittal. Please call me if you have any questions.
Sincerely, V
9CA) \J\
Scott Ballstadt
Planner II
cc: property research file
V
I
From: SCOTT BALLSTADT
To: CENTDOMAIN.CENTPOST(LMORRISON)
Date: 10/6/98 6 : 58am
Subject: Liz Wilson -Reply -Reply
thanks - i agree
»> LEE MORRISON 10/05/98 04:54pm »>
I reviewed the receipt from FRICO and it is sketchy but it does appear to
indicate that the court ordered a condemnation for the Bull Canal right of way
and the money was paid by the ditch company and, therefore two lots were
created
Lee
>>> SCOTT BALLSTADT 10/04/98 04:29pm >>>
i am putting a fax from ms wilson in the mail for monday - the fax is from
FRICO and ms wilson wants staff to consider this a fee split - it is not a
recorded document but it appears as if the ditch company condemned the
property in 1917 - i told ms wilson i would get back to her
C14L1. s , ��L-s - l,� 2 �c � L��` I
•
DEPARTMENT OF PLANNING SERVICE:
PHONE (970) 353-6100, EXT.355!
FAX (970) 352-631:
II p C
WELD COUNTY ADMINISTRATIVE OFFICE;
1400 N 17TH AVENUE
GREELEY, COLORADO 8063'
COLORADO
October 6, 1998
Elizabeth Wilson
6767 WCR 19
Fort Lupton, Colorado 80621
RE: Part of the N1/2 of Section 33, T2N, R67W of the 6th PM
Dear Ms. Wilson:
Thank you for fax received 9/29/98 pertaining to the FRICO ditch. Staff has reviewed the
information you have provided with the County Attorney's office. Based on this information it
appears that the court ordered a condemnation for the Bull Canal right-of-way and staff has
determined that this created two separate legal parcels.
Please call me if you have any questions
Sincerely,
Scott Ballstadt Ip ���
Planner II rum�(f� OF fJ
cc: property research file I v 6A
rt;t7-st;
. DEPARTMENT OF PLANNING SERVICE
C
PHONE (970) 353-6100, EXT.355
FAX (970) 352-631;WELD COUNTY ADMINISTRATIVE OFFICE.
1400 N. 17TH AVENUE
GREELEY, COLORADO 8063'
COLORADO
October 5, 1998
Elizabeth Wilson
6767 WCR 19
Fort Lupton, Colorado 80621
RE: Part of the N1/2 of Section 33, T2N, R67W of the 6th PM
•
Dear Ms. Wilson:
Thank you for fax received 9/29/98. When.we originally spoke about your subdivision options,
you indicated that you were interested in a minor subdivision on the far west edge of your
property and a recorded exemption in conjunction with a subdivision exemption to separate
existing improvements on the east side of your property.
Your fax now indicates an additional minor subdivision as well as a recorded exemption in
conjunction with a subdivision exemption all on the eastern edge of your property. Staff would
consider such a proposal an attempt to evade the Subdivision Ordinance. The Weld County
Subdivision Ordinance defines urban and non-urban scale development as follows:
Non-Urban Scale Development - Developments comprising of five or less residential lots,
located in a non-urban area as defined by the Weld County Comprehensive Plan, not adjacent
to other PUD's, subdivisions, municipal boundaries or urban growth corridors. Non-Urban Scale
Development on public water and septic systems shall have a minimum lot size of one (1) acre
and an overall density of two and one-half (2-1/2) acres per septic system. Non-Urban Scale
Development proposing individual, private wells and septic systems shall have a minimum lot
size of two and one-half(2-1/2) acres per lot.
Urban Scale Development - Developments exceeding 5 lots and/or located in close proximity to
existing PUD's, subdivisions, municipal boundaries, or urban growth corridors and boundaries.
All urban scale developments shall pave the internal road systems of the development.
The minor subdivision process can be used to propose five lots. The additional adjacent
recorded exemption and subdivision exemption lots which you are proposing would be
considered towards the total lots created, exceeding the five lot maximum. This would
necessitate an urban scale PUD proposal and would require urban services to be provided.
Additionally, staff cannot recommend approval of an urban scale PUD outside of an urban
growth boundary area or an area where urban infrastructure is available. You may, however,
propose a five-lot minor subdivision and incorporate the existing structures into the such
subdivision.
G
Elizabeth Wilson • •
Page 2
I have forwarded your documentation from FRICO to the County Attorney's office for assistance
in determining whether or not this constitutes a fee split. I will contact you as soon as I receive a
response.
Please call me if you have any questions.
erely,
Scott Ballstadt
Planner II
cc: Monica Daniels-Mika, Planning Director
property research file
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F
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■ Snout,
9outh 27th Ant•Ir'��CO 80801
Tab■ pMnt 303.888.7373•FA%303-b64k6077
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CO
TELECOPIEA TRANSMISSION
LAX ( 303) 659-6077
TO: 2/pX
FROM, /r /a- 0
RE: ALP -dAf- 627
DATE: 6,.2Qe48'
DOCUMENT SNIT TO FAX NUMBER, 733- 670I
NUMBER OF PAGES INCLUDING THIS PAGE : `3
PLEASE CONFIRM RECEIPT : NO YES
If any problems occur with reception or not all pages in
this transmission are received, please call (303) 659-7373
and ask for A4 rai •
COMMENTS: . 2 A.- , u.:•,4t4t"O Je"/ �� �
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09/29/98 14:48 TX/RX NO.2614 P.002
WILD KU5' F,A6E 0
•
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KNOW ALL MEN BY THESE PRESENTS, That for and in
consideration of the payment to as of the sum of Fite
Hundred &inety-three Dollars end Twenty-seven Cents
($698.87), the receipt whereof is hereby acknowledged,
' I, L. Z. MULFORD do hereby release and discharge THE
PASSERS RESERVOIR AND IRRIGATION COMPANY and ALVA SHAW,
as Reoeirer of said o. om y: roa�m ��aI.��ny,•rr��awvn��d�all olaima sad �1 I,
demands of every Yin tape rn"and `parbio�bl.q for t �V
i any olaims or demands arising out of or in any way in-
• cident to that pertain condemnation suit in the Distriot
Court of Weld County, Colorado, entitled "The Farmers
Reservoir and Irrigation Company r. L. K. Mulford,"
No. 2284, and I do hereby **knowledge settlement and
. satisfaction in full of said condemnation suit and of
any olaims or demands which I may have or assert, or
ever have had or asserted relating to any alleged un-
lawful 000npanoy or p ion of the premises involved
in said condemnation suit by the said The Farmers Reser-
voir and Irrigation Company or its Reoeirer at arty time.
IN WITNESS WHEREON, x have hereunto set my hand and
seal this 16th day of February . 1917.
(St m)
Pn A /!flQRCa YIN WW4
Mr11.! (u Ch.Ofl nut O4-/17_Mu
09/29/98 14 :48 TX/RX NO.2614 P.003 ■
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54
r
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353 6100, EXT.3559
11- FAX (970)352 6312
�. WELD COUN GREEY ME1400 N.Y COLOINISTRATIVE OFFICES
7TH COLORADO
80631
COLORADO
August 7, 1998
Elizabeth Wilson
6767 WCR 19
Fort Lupton, Colorado 80621
RE: Part of the N1/2 of Section 33, T2N, R67W of the 6th PM
Dear Ms. Wilson:
This letter is intended to follow up on our conversation of August 6, 1998. Enclosed please find
copies of the Recorded Exemption and Subdivision Exemption procedural guides which outline
the appropriate County processes.
If you are able to locate a deed for the FRICO ditch right-of-way, I would be glad to take it to a
staff meeting to determine whether or not that portion of your property is a separate, legal parcel.
You should be aware that by sending you these documents the Department of Planning
Services is not guaranteeing approval of these applications. Once you have completed the
application materials, including required attachments, I will review them to verify that they are in
order.
Please call me if you have any questions. r C ,
Sincerely, - f vim+
Scott Ballstadt • (�
Planner II . `�
cc: property research file *
`�\A\
V
I
• •
FIELD CHECK inspection date: 99
CASE NUMBER: / t 757 { � W'
APPLICANT: v\j,LA0.3
LEGAL DESCRIPTION: PC P2 33-2- '(-4
LOCATION: of and adjacent to Weld County Road (R d' Ljeys(-1 (xi- 4- MQ\ To WC,1
....................................... .
Zoning Land Use
N A(Agricultural) N /)` T2C-4 (Dn t'L kl-
E A (Agricultural) E Av
S A (Agricultural) S A (2
W A(Agricultural) w A 6.
COMMENTS:
6)(6- i Nv, Ft°),-k 5 -e P e:t PNl- -B U G S
�cctit--00A4—
Scott Ballstadt, Planner II
lik0Wl 03 6( 1 (jGIIN\C, If�stP` ktc c l31 OI'" P/k(LA-c,S
�PtiC�� SUCH (S� Orr"
gitt‘
' APPLICATION FLOW SHEET
COLORADO
APPLICANT: Richard & Elizabeth Wilson CASE #: RE-2426
REQUEST: Recorded Exemption on 100 acres
LEGAL: Part of the N2 33-2-67
LOCATION: West of and adjacent to WCR 19 & south of and adjacent to WCR 16
PARCEL ID #: 1311 33 000036 ACRES: 100
Date By
Application Received 1/20/99*field JAC
check 1/29/99
Application Completed 2/2/99 SB
Referrals listed 2/2/99 SB
Design Review Meeting (PUD)
File assembled 3.- CJG
Letter to applicant mailed (}Jj /Z
Vicinity map prepared Li/}�
Referrals mailed 3-Qq u
Chaindexed f 3-qq
Field check by DPS staff
icdrntrristrative-Review -3111 119 @CL
Date By
County Commisioners Hearing Date(if applicable)
Surrounding property owners notified
Air photo and maps prepared / C; ���
CC action:
CC resolution received
Recorded on maps and filed
Overlay Districts
Zoning A_
Airport Yes No_X_
Geologic Yes No_X_
Flood Hazard Yes_ No_X_
Panel#080266 0864C
EPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices, 1400 N. 17th Avenue, Greeley, Colorado 80831
Phone(970) 3538100, Ext. 3540-Fax*(970)353-8312
APPLICATION FOR RECORDED EXEMPTION
Application Fee 99b- iti) Receipt Number 0 •/ $1-- Case Number
Recording Fee excipt Number Zoning District {St
Application Checked By Plannnnerr Assigned to Case $.0
TO BE COMPLETED BY APPLICANT: ( rintor type fully except for required signatura0.'C County Planning De
I (we), the undersigned hereby request that the following described property be designated a recorded
exemption by the Weld County Board of County Commissioners. / Aflat
JAN 2 0 1999
Legal Description: if W y 81 N Ui i/ S 3 i / ;1)4/4 Total Acreage: _Sy'
Parcel Number / 3 / L 3 j 0_12 a. o"i L=(12 digit number found on Tax rtignantE C
obtained at the Assessor's Office).
Has this property been divided from or had divided from it any other property since August 30, 1972?
Yes_ No_
Is this parcel of land under consideration the total contiguous land owned by the applicant?
Yes No
Does the parcel of land under consideration Ile in any of the following Overlay Districts?
Flood Hazard: Yes_- No Sis.; Airport Yes_ No)4,_; Geological Hazard: Yes` No jy
FEE OWNERS OF PROPERTY / s ,,;
30 3
Name:1: ,c/ 1 L. -fir J. , th A- Home Phone* F's 7> ,Work Phone# S
Address: 1,1 LI 1 W124 / `1 City/State/Zip Code // � c.> ;.1"n C
Applicant or Authorized Agent: ch..: Lc), /c Phone# k_,'> -1 7 .?
Address: ..54,--en.c c City/State/Zip Code
Name: Home Phone* Work Phone#
Address: City/State/Zip Code
Larger Parcel Smaller Parcel Smaller Parcel
Applicable d Ex onlyemptio for 3-lotn R
Water Source e.e n f7 n-! a /.1 C! ,aw-a.-/
Type of Sewer C/I
Proposed Use G;,,�",
Acreage 51._> '_ ,] t/
Existing Dwellings
Yes or No
Existing Dwellings Address(if applicable):
Larger Parcel Smaller Parcel
Smaller Parcel(applicable only for 3-lot Recorded Exemption)
I hereby state that all statements, proposals, or plans submitted with this application are true and correct to
the best of my knowledge.
/_ ,171- —
Rev: 1.27-B7 Signature: Owner or Authorized Agent
din IND d 61/450 1'31 5
RECORDED EXEMPTION QUESTIONAIRF
ITEMS REQUIRED FOR SUBMITTAL
1. Water supply statements addressing the following:
a. Domestic use. The statement will include evidence that a water supply of sufficient quality, quantity and
dependability will be available to serve all proposed lots. A letter from a water district, municipality, or a well
permit are examples of evidence for domestic use.
b. Irrigation water. The statement will include the type and quantity of irrigation water to the site, whether
irrigation water has been removed from the site and, if so, when.
2. A statement explaining that the proposed lots will have an adequate means for the disposal of sewage in compliance
with the requirements of the underlying zone district and the Weld County Health Department. A copy of the septic
permit or a letter from the sewage disposal facility must accompany the application.
3. A description of how the property is being used. When the parcel(s) is located in the agricultural zone district, the
description shall include approximate acreage of prime and nonprime farmland as defined in the Weld County
Comprehensive Plan, number and types of livestock and any existing improvements such as the principal residence,
labor home, mobile home, manufactured home, barn, outbuildings, irrigation ditches, and oil well production facilities
on the property.
4. The reason for the proposed recorded exemption with an explanation how each lot will be used.
5. A description of the location, size, and present use of the area where the proposed new lot(s) will be created.
6. A statement describing any unique physical characteristics on the site, if applicable.
7. A statement indicating that all proposed or existing structures will or do meet minimum setback and offset
requirements for the zone district in which the property is located.
8. A statement indicating whether the applicant is willing to place a conservation easement on the property to maintain
farm production or open space.
9. A statement indicating whether a building envelope will be designated on any of the lots.
10. A statement explaining how the proposal is consistent with the Weld County Comprehensive plan and any adopted
municipal plan, and any approved intergovernmental agreement(s), if applicable.
11. A statement explaining how the proposed uses will be compatible with existing surrounding land uses.
12. A statement explaining how the proposal is consistent with the intent of the district it is located within as expressed
in the Weld County Zoning Ordinance, as amended, and the Weld County Comprehensive Plan.
8
13. A statement explaining how the proposal is consistent with efficient and orderly development as defined in the Weld
County Subdivision Ordinance, Section 1.3; as defined below:
Assist orderly and integrated development.
Promote the health, safety, and general welfare of the residents of the County.
Ensure conformance of land subdivision plans with the public improvement plans of the County and its
various municipalities.
Ensure coordination with public municipal improvement plans and programs.
Encourage well-planned subdivisions by establishing adequate standards for design and improvement.
Safeguard the interest of the public, the homeowner, and the subdivider.
Securing equitable handling of all subdivision plans by providing uniform procedures and standards.
Preventing loss and injury from fire in wooded terrain.
Preserve agricultural land and promote its most productive agrarian use.
Ensure irrigation water currently associated with a farm or rural unit of land will be retained for agricultural
uses.
Preserve natural vegetation and cover and promote the natural beauty of the County.
Prevent and control erosion, sedimentation, and other pollution of surface and subsurface water.
Prevent flood damage to persons and properties and minimize expenditures for flood relief and flood control
projects.
Restrict or regulate building in flood hazard overlay district areas, shoreland, areas covered by poor soils or
in areas poorly suited for building or construction.
Prevent loss and injury from land slides, mud flows, and other geologic hazards.
Provide adequate space for future development of schools and parks to serve the population.
9
Wilson 303-833-0707
RECORDED EXEMPTION QUESTIONNAIRE
I. Water:
a. Domestic water-Central Weld water is in the road on WCR 17.
b. Irrigation- none. At one time, prior to us owning it, the quarter section was irrigated but
this parcel is out of reach of the pivot system.
2. Sewage Disposal--would be by septic system. Test not yet done, soils charts indicate good
drainage.
3. Usage-Both parcels are currently being farmed. Larger parcel consists of dryland. RE parcel
is and always has been dry land, out of reach of pivot system still in place but unused. Larger
parcel was at one time irrigated by a pivot sprinkler which we repaired, but have been unable to
use. Oil storage tank batteries which long predate our ownership restrict irrigation access to
some parts of the larger parcel, and shortage of available irrigation water is a consideration from
year to year. We currently use the land and adjoining tower parcels for wheat production.
4. We plan to continue farming the larger parcel. The proposed RE will be agriculture also,
with the intent of rezoning it for a minor subdivision of 4-5 acre parcels.
5. Proposed RE is in the northwest quarter of the northwest quarter of Section 33, Range 67W,
Township 2N. The larger parcel is approximately the remainder of the northwest quarter of
Section 33, except the tower parcels. They are located at the corner of WCR 17 and WCR 16,
beginning at a point 180 feet from the center of each roadway.
6. The land on the proposed RE itself has no unique characteristics. It is slightly higher in
elevation than the land east of it and therefore wheat planted on it tends to blow out. 'The denser
use of homesites and pasture grass would probably improve the land.
7. All proposed structures would meet the required setbacks. There are no existing structures on
either parcel.
8. Applicants do not wish to place a conservation easement on the property.
9. A building envelope will not be designated on the lots.
10. The proposal is consistent with the Weld County Comprehensive plan, and with the
intergovernmental agreements with Frederick, Firestone and Dacono. The proposal preserves
and continues the traditional agricultural use of the bulk of the property, while providing small
acreage parcels on the least desirable and most easily accessible parcel of the land. These small
acreages are hard to find for persons wishing to live in the country and work at agricultural
pursuits. Central Weld Water is available, and the soil, which is sandy, should easily support the
septic systems. the new RE would use an existing oil company access road. The larger parcel
Wilson 303-833-0707 REQuestionnaire p.2
also has an oil company access road.
I I. The surrounding land use is agricultural/residential in all directions. The parcels along
WCR 16 from WCR 17 to WCR 19 are small acreage parcels similar those we hope to create on
the proposed RE.
12. The Weld County Zoning Ordinance and the Weld County Comprehensive Plan encourage
the continued agricultural use of farmland, and the orderly, reasonable growth and development
of new housing. Our parcels support those goals, proposing to continue farming the larger parcel
and by improving the quality of a small parcel of minimal farm ground by more intensive
agricultural/residential use which will probably include planting of pasture grass. The proposal
creates several small, affordable parcels of land for persons who wish to live and raise a family
in the country, and to be close to farming jobs. The proposal encourages ownership and
involvement in the agricultural community. It also increases the tax base for the County.
13. This proposal is consistent with the orderly growth and development of Weld County, as
defined in the Subdivision Ordinance, conforming with all elements listed in Section 1.3.
It integrates large and small acreages. It promotes the health, safety and welfare of residents of
Weld County by providing much needed small acreages where families can live and have
agricultural pursuits like raising animals for 4H and FFA projects, which encourages the next
generation to get interested in farming, ensuring our agricultural future.
The nearest municipalities are expanding mainly in the direction of the highways, but services
like schools, shopping, recreation are within a couple of miles from this site. All parcels would
use one, existing road which opens onto WCR 17.
There is no wooded terrain, and the new proposal would help prevent erosion of existing soil,
which is very difficult under current use. That in turn promotes the well being of all citizens.
The best agricultural land will continue to be used as farmland. There is no irrigation water
currently being used on either parcel The one share owned by the applicants is used on another
parcel more suited to flood irrigation. Drainage is provided by barrow pits where necessary on
both parcels, and the impact of even the proposed future use would not be negative.
The soil on the proposed RE would support the native pasture grasses commonly used on small
parcels,and would benefit from such a use. The parcel is not a risk for the geological hazards
such as land slides and mud flows. Current ownership of the 180 foot strip on the north and west
of the parcels by Public Service Co. is a guarantee of open space in that area, since no building is
allowed on the tower property. Allowing the adjoining landowners of the proposed lois to use
the strip for farming or grazing promotes weed control and beautification of the open area.. The
natural beauty of this county is enhanced by the variety of land uses, and small agricultural
acreages contribute to that in a positive way.
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a
• REFERRAL LIST
NAME: Richard and Elizabeth Wilson CASE NUMBER: RE-2426
REFERRALS SENT: February 3, 1999 REFERRALS TO BE RECEIVED BY: February 23, 1999
COUNTY TOWNS and CITIES
_Attorney Ault
_X_Health Department Brighton
Extension Service Broomfield
Emergency Management Office _X_Dacono
Sheriffs Office Eaton
Public Works:_X_Don Carroll_X_Ron Broda Erie
Housing Authority Evans
Airport Authority _X_Firestone
Building Inspection Fort Lupton
_XFrederick
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
_X_Oil and Gas Conservation Commission Kersey
Division of Wildlife: LaSalle
_West of 1-25 (Loveland) Lochbuie
East of 1-25(Greeley) Longmont
Division of Minerals/Geology Mead
FIRE DISTRICTS Milliken
Ault F-1 New Raymer
Berthoud F-2 Northglenn
Briggsdale F-24 Nunn
Brighton F-3 Pierce
Eaton F-4 Platteville
_X Fort Lupton F-5 Severance
_Galeton F-6 Thornton
Hudson F-7 _Windsor
Johnstown F-8
La Salle F-9
Mountain View F-10 COUNTIES
Milliken F-11 Adams
Nunn F-12 Boulder
Pawnee F-22 Larimer
Platteville F-13
Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES
Poudre Valley F-15 US Army Corps of Engineers
Raymer F-2 _USDA-APHIS Veterinary Service
Southeast Weld F-16 Federal Aviation Administration
Windsor/Severance F-17 Federal Communication Commission
Wiggins F-18
Western Hills F-20 SOIL CONSERVATION DISTRICTS
Brighton
OTHER Fort Collins
Central Colo.Water Conservancy Dist. Greeley
_X_Public Svc. _X_Longmont
XSchool District RE-8 West Adams
Ginny Shaw(MUD)
_ _Ditch Company COMMISSION/BOARD MEMBER
�'"' • • RECEIVED
FEB 0 9 1999
WELD COUNYY
• PUBLIC WORKS ljEP1`
Weld County Referral
e County Planning Dept.
February 3, 1999
COLORADO• FEB 15 1999
The Weld County Department of PRACCIVafrelled the following item for review:
Applicant Richard and Elizabeth Case Number RE-2426
Wilson
Please Reply By February 23, 1999 Planner Scott Ballstadt
Project Recorded Exemption on 100 acres
Legal Part of the N2 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado.
Location West of and adjacent to WCR d and south of and adjacent to WCR 16
Parcel Number 1311 33 000036
_ o
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
10 See attached letter.
Comments:
Signature ` `Q 0 _ cl -
Agency AA.hJ.4� ^^^O��� ��(J"` ' Date
:•Weld County Planning Dept. 4-1400 N. 17th Ave.Greeley, CO. 80631 .(970)353-6100 ext.3540 c.(970)352-6312 fax
MEMORANDUM
iTO: Scott Ballstadt, Planner DATE: February 9, 1999
CFROM: Donald Carroll;Engineering Administrator
COLORADO SUBJECT: RE-2426; Richard and Elizabeth Wilson
The Weld County Public Works Department has reviewed this proposal; the following requirements are
recommended to be a part of any approval:
COMMENTS:
WCR 16 and WCR 17 are designated on the Transportation Plan Map as local gravel roads which require 60 feet
of right-of-way at full build out. There is presently 60 feet of right-of-way. These roads are maintained by Weld
County. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (Ordinance 89, as
amended), the required setback is measured from the future right-of-way line.
REQUIREMENTS:
Pursuant to Ordinance 169A, oil and gas, and ditch roads that are necessary for your agricultural operation. No
additional accesses shall be granted.
The applicant shall contact the oil and gas or ditch owner to obtain, in writing, permission to utilize their access road
for a residential access. (Lots A and B)
cc: RE-2426
planl3
Weld County Planning Dept.
FEB 15 1999
RECEIVED
Road File#
RE:
Other Case No.
APPENDIX B
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Public Works Department Date: / - /
933 North l lth Avenue, P.O. Box 758, Greeley,CO 80632
Phone: (970)356-4000, Ext. 3750 Fax: (970)352-2868
•
I. Applicant Name AC,�i,4,-,-t < f//r,t% y, L-t1A ., Phone Yv 3 P2 3 - c7 7 a 7
Address 6.9 7 to d-An. City Er/ +j,�� State4_Zip 319
2. Address or location of access Go/r v a 7' �/e-Ct. /6 .4 wa.G/7
Section 3 3 Township c.R A> Range 6 7 c, )
Subdivision ,/o- Block Lot
Weld County Road # /7 Side of Road 6' Distance from nearest intersection Soo'
3. Is there an existing access to the property? Yes X No #of accesses / 7
�v n./ .0-1/
4. Proposed Use:
j8( Permanent t Residential/Agricultural ❑ Industrial
❑ Temporary 0 Subdivision ❑ Commercial ❑ Other
5. Site Sketch x i J t rn
Legend for Access Description: JF
ARG = Argricultural 4$ w ,
RES = Residential we 7
O&G= Oil&Gas
D.R. = Ditch Road
i 009
C
I In
OFFICE USE ONLY:
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
0 Installation authorized 0 Information Insufficient
Reviewed By: Title:
7
•
Road File#
RE:
Other Case No.
APPENDIX B
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Public Works Department Date: / - / So 9
933 North 11th Avenue, P.O. Box 758, Greeley,CO 80632
Phone: (970)356.4000, Ext. 3750 Fax: (970)352-2868
1. Applicant Name d 'c.4es. -.c Phone 3o3 let? - 07o7
Address G'>G -7 W d-# i9 City/or Asyo.i.-.t State _zip Y0L
2. Address or location of access eo�v o c •f W a G/7
Section 3.3 Township, a Range L 7 c.✓
Subdivision n/7,o- Block Lot
Weld County Road # /y Side of Road t _ Distance from nearest intersection .9vo- "it-
3. Is there an existing access to the property? Yes)_ No___ #of accesses 7
-rev o:/ crtI7
4. Proposed Use:
X Permanent t Residential/Agricultural ❑ Industrial
O Temporary ❑ Subdivision ❑ Commercial ❑ Other
5. Site Sketch
£x it t,.�.s t�
Legend for Access Description; o idJA
ARG = Arg Residential i • s
RES Residential
O&O= Oil&Gas 'v
D.R. = Ditch Road
IOO9
7.
C
—1 l r----
OFFICE USE ONLY:
Road I, ADT / I Date I '7 v Accidents / Date 1I- 97
Road I1 ADT 84 Date I 4 a (a Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
❑ Installation authorized O Information Insufficient
Reviewed By: Title:
7
(* iti ; \
MEMORANDUM
TO: Scott Ballstadt DATE:February 9, 1999
FROM: Sheble McConnellogt Health Department
•
COLORADO SUBJECT: Wilson, Richard& Elizabeth
CASE: RE - 2426
Environmental Protection Services has reviewed this proposal;the following conditions are recommended
to be part of any approval:
1. A Weld County Septic Permit is required for the proposed home septic system(s)and shall be installed
according to the Weld County Individual Sewage Disposal Regulations.
sm/262
Weld County Planning Dept.
FEB 15 1999
RECEIVED
YX • •
fi5 S,F 4+ at�hµx
p'
•
41•11 Weld County Referral
�
C. February 3, 1999
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Richard and Elizabeth Case Number RE-2426
Wilson
Please Reply By February 23, 1999 Planner Scott Ballstadt
Project Recorded Exemption on 100 acres
Legal Part of the N2 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado.
Location West of and adjacent to WCR 19 and south of and adjacent to WCR 16
Parcel Number 1311 33 000036
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request
U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
Signature P\I\
.8 , 1, )
Agency �3 a Date
•>Weld County Planning Dept. +1400 N. 17th Ave.Greeley,CO.80631 4(970)353-6100 ext.3540 <1970)352-6312 fax
'9i9r 09_46. C!TY •DRCONO 19703526312
NO.037 DO:
ti
jte x;
;r 6 - ,:a
1
ty Ae= --r- - Weld County Referral
February 3, 1999
COLORADOe
The Weld County Department of Planning Services has received the blowing item for review
r
Applicant Richard and Elizabeth Case Number RE-2426
Wilson
Please Reply By February 23, 1999 Planner Scott Ballstadt
Project Recorded Exemption on 100 acres
Legal Part of the N2 of Section 33, T2N, R67W of the 6th P-M., Weld County, Colorado.
Location West of and adjacent to WCR 19 and south of and adjacent to WCR 16
Parcel Number 1311 33 000036
The application is submitted to you for review and recommendation_ Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
SWe have reviewed Me request and find that it igiest/does not comply with our Comprehensive Plan
0 We have reviewed the request and find no conflicts with our interests.
0 See attached letter.
Comments:
Signature , �� � � . a -9-99
Agency ,/f Pate
*Weld County Planning Dept. 01400 N. 17th Ave.G ,CO.60631 0(970)353-6100 ext.3540 0(970)352-6312 fax
02/18/99 08:57 TX/RX NO.4557 P.001 0
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CFEB 2 3 1999 February 3, 1999
COLORADO RECEIVED
The Weld County Department of Planning Services has received the following item for review:
Applicant Richard and Elizabeth Case Number RE-2426
Wilson
Please Reply By February 23, 1999 Planner Scott Ballstadt
Project Recorded Exemption on 100 acres
Legal Part of the N2 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado.
Location West of and adjacent to WCR 19 and south of and adjacent to WCR 16
Parcel Number 1311 33 000036
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
❑, We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
/
�fd We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
Signature ,a 7 d� /_ �' _ eft
Agency �'� Date 1
•:Weld County Planning Dept. 01400 N. 17th Ave.Greeley,CO.80631 4(970)353-6100 ext.3540 •:(970)352-6312 fax
yy4V •
'(zt Sqt ;? 1 c2, v
�TtT.o�41 . �i ,S;
Id Count Referral
Weld County Planning y
111 II C. FEB 10 1999 February 3, 1999
COLORADO E' tVED
The Weld County Department of Planning Services has received the following item for review:
Applicant Richard and Elizabeth Case Number RE-2426
Wilson
Please Reply By February 23, 1999 Planner Scott Ballstadt
Project Recorded Exemption on 100 acres
Legal Part of the N2 of Section 33, T2N, R67W of the 6th P.M., Weld County, Colorado.
Location West of and adjacent to WCR 19 and south of and adjacent to WCR 16
Parcel Number 1311 33 000036
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
Liz We have reviewed the request and find no conflicts with our interests.
U See attached letter.
Comments:
Signature L /(11/
' --"V �-/1v ; — ,r—
Agency ,Cf J ,OX a 42 -�-/A")F ,/) Vc Date
tWeld County Planning Dept. 41400 N. 17th Ave.Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)352-6312 fax
T00'd 6T9Z'ON X21/X1 RV:PT 86/6Z/60
AUC-20-88 THU_ 08:44 API FR I CO FAX H0. 8598077 • P. 03
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11
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_ E/CEPTED H
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EXHIBIT A
INTEREST CALCULATION OF Revised
OWNERS INTEREST Royalty interest
SUCKLA/DI UNIT#1,&2 S/2NW/4-33-T2N-67W
Suckla Farms 47.999/80 acres*100%interest*12.5%royalty interest 0.074998438
Suckla Farms 26.551/80 acres*50%interest`12.5% royalty interest 0.020742969
Richard& Elizabeth
Wilson 26.551/80 acres*50%interest*12.5% royalty interest 0.020742969
0.116484375
SUCKLA/A/UNIT#1, & 2 N/2NE/4-33-T3N-67W
Suckla Farms 69.09/80acres*50% interest"12.5% royalty interest 0.053976563
Richard& Elizabeth
Wilson 69.09/80 acres'50% interest'12.5% royalty interest 0.053976563
0.107953125
SUCKLA UNIT IC/#2&3 S/2NE/4-33-T2N-67W
Suckla Farms 80/80 acres*50% interest'12.5% royalty interest 0.0625
Richard& Elizabeth
Wilson 80/80 acres'50% interest*12.5% royalty interest 0.0625
0.125
SUCKLA IGI UNIT#1 &2 N/2NW/4-33-T2N-67W
Suckla Farms 64.38/80 acres*50%interest'12.5% royalty interest 0.050296875
Richard& Elizabeth 64.38/80 acres*50% interest*12.5% royalty interest 0.050296875
Wilson
0.10059375
Page 1
•
CERTIFICATE OF CONVEYANCES WELD COUNTY
STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES
COUNTY OF WELD
The Security Title Guaranty 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, and the most recent deed recorded prior to August 30, 1972.
LEGAL DESCRIPTION:
Part of the North Half of Section 33, Township 2 North, Range 67 West of the 6th
P.M. , County of Weld, State of Colorado
•
CONVEYANCES (if none appear, so state):
Reception No. 2471670'J ,Book 1527
Reception No. 1512809 $ ,Book 591
Reception No. 1512808 ,Book 591
Reception No. 1512807 \ ,Book 591
Reception No. ,Book
Reception No. ,Book
Reception No. ,Book
Reception No. Book
The 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
the liability of Security Title Guaranty COMPANY, is hereby limited to the fee paid for this
Certificate.
In Witness Whereof, Security Title Guaranty COMPANY, has caused this certificate to
be signed by its proper officer this 14th day of January , 19 99 , at 8:00 a.m..
n
.. '..:ey, 0! oc i:31
Company
Byah/149 - 10 -
Authorized SignatJ .,—
ure
1 I L _ 11 wtARRANTI DEW ---- I lI
5 6 aat,aliw
I3112PitY. Nab ion 4ah ap.e JAnua Iy IN. •h
Mwaea ttWRla Fw mil• Inn., a Fa1MMn rn rp near tone
•.or waaYw left sWSy. ..l wail rakes nen l tiow ate.4 the Yea.40 'Ars '
the.4 Calm nit" ,.4 a4. line t•nn•tail Ml• Ina♦.J L. I
L�f1' Waimea and R 4 ltaweth A. WI faun
' J whew loyal akhwn 4707 $11.1.1 C" y Ronal 1•. lone Lupton, Colorado M0S21
o(Ihe County of Weld .and Sale of Cc'lr tado .al the attend fan:
mr,,EJSERH.Thal the said pany.d ow Irt part l.r ail in nn,kk•rdion,f the tem,.l THREE. HUNDRED r 11`1'Y
'i H:VSAND AND NC/100 _
dj• IRILI.ARS,(SlSO.0011.00 I
to itin hand fad by the said gusher of the own./fart.the malt whites/ n hereby wain.-I cal minor.kdpnl,hat gloated.9l he:tined.hold•ad autveycd.and by the.' nna 4w. rent,bar
M F Fan..ell,cent') and u4rlinn,uuto tlr vial pal In.of the
neural pad.not m tenancy in mmman bud in joint elect.the Janie, of th.m.their town and the hen and wsipns of inch
_ .wvivar turwer,all the following dc.adtd kr(al at panel(al of land.Nuac,bird and hang m the County of Weld
,rid State of Colorado.to wit•
`1
Ste Exhibit "A"
2471670 8-1527 P-268 01/12/96 03:O8P PG 1 OP 2 RI= 170C
Weld Ca ritY CO Clark A Recorder 11.00 35.00
to
Cr
I aria known by anti anti owa+en ea a-. . - -
C a .: Ltrt: n.n.4n RnR]I
TOGETHER with all and ur.pn Yr the hnJu:a,rrnt.and ;1:a ter..r.;c•the/curio hi.nFnoF..r v.anywise appertaining.and
91 lb:reversion and mtr.d.e m
•.rcan,k ralri
aril;ann •.trot n• • rrJ;t.•:n•d d Al
• there i.and the e•trtr..irk Idle. imac.t
claim and demand s.ta.neavr of the.ad pan'.4 the ties No c4h.- a:.a.•.-path.of.n.ad I•,the el.er Iaerreed pero...-..
f) I i with Q,e bcn/Mamonta:cal acTuffcracc
TO H11'F.4NP To H(II.0 Mw*aid(rra.r.e.re..r•.- r i aJ d:vr\•J .u:h r1.,.s
F ry`rirn>-p. vl..titan.,Jr.•.•I:
Ibc••nod pad.the sun-nar of•beat L4er augn_ail the h t..n!anwm of scat sin ore linter And the laid
aM1 flit Melt aft nb te.i.“.ce and.......pa.doge antna.t r0.1:.w a.4 el arm i. Icy b the i
'# a ♦ F aN ash the and Nate.4 Ix.none
wet the anion t4 het,llaer..wean al the hem Si anti a an et.armor.tM ate the ante of doe mealier and drhrny
- "V.,l of roger pasta it is waft wand of ne passe.Anne.new.at.a J nt a pa an.tan.a.d...tion and edraol- i...Lee.4 I
UL e6entaea a taw.n fee net and ha pod riche I.0 pen Si feetd meaty a peen hare tell and:ATM The ta.e a
r to am ad fates.hesea_t el Se air•.e w tee ant•low Ina. .M Maw ad.4tm pat>.aeaa.aaka.tn.t...
lQ mean.'--let ad ranee.of admen►S n aeaer s e,v.enema far roar.far the
.r an tar.we pa turret -s1 aI4. In
d (( ape ln7 he^.�....st•Qwls�•t,kGQraq re lee.o;antes..due J rhl.4i •1a. Rspvl %tea d I n$
$e.>11se nnatural7 I1 aF )Oateo[r siitt lft(lar .el er/r Int(Yclaanr\. •1• a:inch la was fed lth il
ti arertLeiro[t_ 1as1^G-"iln-on .Tera67~atlos. a line L{!a Faints clink. •oot .Jacobi:
r .f.::. <ia Toe♦ e••11 0.4. o Fran rjAh ekkli:
!'af . M•^`...1ca�S neat '.•wal T a ,:ran era
de aten v to Lai,W a4 ..t..h e-r.s.e,na-a.M J roe•.neater w row al Y-i.11,.t�.re n b olds the
e
a►.k w an M tarsi_.ha ail ea WAI()4fl AM•HIt41.T R l*fl-M)
The safda wain dial i.:lak Sc pia 4 4 p.r.i Se este:.-..:ten on.•.4 an naa;a.a tw claw-isle L-a:,pair..
IN ta1Thts.N III:XF.OW. the.a1 pet, a4 At seat Fat cared et.. l
I'^ Tebta!nee t.he s•xe.s..•tat nt..I r.r 4.
A.•Pnlaidlnt w1 la.oTj.eA Ka'M la t<r{,.> a'•:rj Y.L'.L1'ha f.
l Se �ki law athow Inner
e to e
�•11 tills:Lr.e .:_ - ; I
''Stir.
•
I• 'D•— . .f:,4,?rtI ••`•al.ri. -` .1a.514 {
E'r i •a r:rat t:i.-.:t ._..
• ...
'dint i.. inrk;a, jertrtnrr �I
• I Cant?KT IT .tC.\.M7
ILa Many gem wa..,ivafdpJ L4..c m a.- a•n 14 .ht
Flank J. }call.. as freatd.Lt anal Ed lth C. cut\'a a Je a a,: v ea\Ja Ina..a1, S
_J.pa.. A Ca.la•redo C'o:pear at Lou
��. •.11e( -
/O I hay Cates earner ;n.a+ a
t ante n ( ni t i -rJ //� {{
• • . onto W aal.ilaa:.r1 �.�\ ` ` 1
1 a-:. . A) -'e.,r.a, a
__ .'.Ct ... -- _ .._ _— __ _ _ .. .. ..
•
•
•
• 2471670 13-1527 P--268 01/12/86 03:08P PO 2 3► 2
Exhihit "A" -
The tea ;i3 at tors Inn 11 '.,vntdtii, 7 North, Range x7 Weal o1 II.. ._
nth Y N. except the North ieo• nod -nceot thy W--i 1n0• anal oleo
except pats nt the Not thwunt ptt. t for (NW1/4) nt tart inn !1, 'Darnall 1p ;1
North. Mantle to Wee% vl thy vtit • .el., 4euiity vt Weld. :late of Cvivi ndv,
Wring Snot ltreti nat
Beginning at the W1/4 Cornet of said Section JJ: then. - Nvlth
89'.73'0S' Kant on an nsaumed boating along the East-West. centerline of maid
Section +1. * dlet•n • et 180.01 feet to the True Point of Beginning: thence
North 00'00.00' East parallel tr the West lino of said Norlhwent
Quarter of Section 3J and along
the East R.J.H. lane at A 1B0.Ott foot R.O.W. t..i TIib;jr. wi•ii ra CongNny• n
distance of 1500.00 tee;: thence North 89'23'45' East parallel with matt!
Gast-West Centerline et Se:tivn %J. a distance o: 9Jt..Ut teat: than:. South
32.41'19' East, a diatom:iv of 1416.40 feet: tier:e South 00'00'0n• Peer.
Parallel with said West line of the Northwest lid of Se:tfon 33. n dletnnr. ..(
299.86 feet to • point on satd Fast-West Cente: l:ne of Section 3J: Clams. South
89'37'45' West Along said Cast•west Centeril;i- of S-ectlt•n J3. a dietetic• ut
1%00.00 feet to the True Point of Beginning,
County of Weld.
Slate ut Colorado.
Together with the tnllnwtn4 Water tteht.;
:entail Weld County Water Merritt water taps and 2 shore,. of Startle) Initial/en
eel all water, wart' right.. ditch. dlt�h rights. aortae. taring. riser., etntese
tights well pelests. t.ee:v.nr, and reaer.ofr rights appurtenant to the a►nee-
descrthed real lropertc.
UTr .
•
7
Y -[n • acft� .' :I1- ::
.. .
:• ° : ' L.at w J% .'-. FED ?' f4�t,
nr}
. . r w 15 e„� a nm
a.* n
rt
g. l `• .:HLL IEOL'lf"L!E made this Aide,•of January, 196d, by and
between Elizabeth T.': 10�► ar-hscgtrir of `the Lute of Irving T.
;,; I Ludlow, also kaovn at Irving Ludlow pand,ae I'. T. 'Ludlow, deceased,
v „Grantor, end.Goals Farms, Inc., a corporation organised and existing I.
under and by virtue of the laws of the State of Colorado, Grantee: `
vnnssrra TEAT, WEnnAS, Grantor L..the.aoali/bed Executrix
:under the Last Will and Testaent of the abovN-na Edicidsnt, which.I
was admitted to probate on January 30, 1967, by the.Dirtri.ot,Conit__
h, in and for the County of boulder, State of..Colorado,.Esietelio. 11374;
and - . _ .,
e WHEII4o^, Article Four of said Last Will and Testament
o provides in part as follows:
AaICT= YOUR
r
6 • • ArrolRlx6RI.G: LzaGvros. . .
I.haraby nominate, aonatitute.and.appoint q,wife, Elisabeth
I T. .I.udlw,.aa.Lecutrizof thie,.q.Last Will.and_Testapsnt.
il In tbupevnc o; het failure, retuaal or inability:to perform.
".,
I Dominate, constitute and appoint The Longmont National lank,
Longmfli it Colorado, to serve in,ber.stead. No party.named
hereto *pall be required.ta tarnish bond to secure the
faithfuijerformanoe-of bar or its .duties as such legal
representative. - '
* * *
I further sxprese}y direct that mylegal representative shall
have the same posers as have been-granted to the Trustees
.> - under the tans and provisions of the' IL91TC T. LUDIAW TRUST.
Such powers shall he exercisable ,by q legal representative
without the necessity of application to the Court.
* e *
j AM) Article Light (General Powers and Duties of the Trustees) of the
,.I Irving T. Ludlow Trust dated November 19, 1962, as amended by First .
Amendment to Declaration of-Trust of Irving T. Ludlow dated October 13,
1964, provides in part as fondest
ANTICLE EIGHT
GLI{UAL POWLEJ AND DVTIES OF THE TLASTEESS
•s
To the extent the _me do not conflict with the General
Instructive/ and Limitatioes.datailed in Article Seven, q
Trustees shall possess as to the trust estates created or
provided.tor by this trust the following additional powers
and duties;
Section 54. •To take full charge and control of the e -
property.otrust
the estates; to possess, manage, control, k "Qli
sell, transfer, assign, grant, convey, exchange, lease, rent,
1
•
3Go• 4/
t
t:
1312809
le
a'- F
. ` option,
abandon, mortgage, pledge, or otherwise encumber or Y
0.!!7.•0tA11.nf•xbs-prcrs�rt .•Ctf l,ttmtatsua,, i!
Mwor6tet405.P!tr!1-ebstioit 45 al !' tit°5! tharafoi,
" dear itfonaraad ucb
poses sea Ns lute eodufdtiit(C and fortune armor._, _
OriiiragNotiye of the life or duration of the trust, s
%:` ther,e�?�e�,a{�tf�,r'yt$,.�JtYrietereetjol,the.:�F�r�O]st}:ye�s�t,a�t�!siafa¢
{� . to; tOnso�MCis a$ daliter,.Sa thi44flt k and
c itos Fiwments{e!ce!f 7')Pfeil:W. fad:to aerilksile
Ofpock-prvport7,.all of the,panssthat;natma4 pa3ppps
tit e--cise in relation tharoto'if it yaws their own.
towal lor,a , TT Z, pursuant to the power contained in said Will,
4,9vasi4aratiop,:receipt of.which is hereby acknowledged,
tba•-yrrantor_•dosa)pet►b7•,sall E4d.00aysy.unto.the,•0csntee►;pmkIxterme,
Itepo tti tpooeset endapast*n_ forewet, a lS
sm4 tlfatw,of,gis• sa3d..Ttwl{;i r g 10 �J ! ^,tie, aa"C1
'sod a I. T. Ludlow); ae if sold al_ er- •
in and to the folel�esta by �a� L and liable*,being lordaand State
real estate situate, lying balag
in the County of Wald and 8u[e b! Colorado, to-wit:
Aa.undirided ooertixrrih (1/4) interest in.sod.to:
„'„ Mil ¢wth„Nali.(l}) of„Section T Srty tbra MT ,
.u�.�,.. ., oe (+� igrth..,,gapgi aar,tial7- ah 467$
6tthh.P.M., together with all ditch sad
,', ''•: water rights
. .•• �. "•igh appertaining to said premises; wept
`r.:,:�. ,;.p -•a11-Passweats, eactabrances and rights-of-way of
.:r; �-'-•{ rsco$ •aaditscept ter that certain parcel cowered
y.:3.'^'4 1 . to Public, Servioa„Coppaii,p! Co1Orado,.b4kN4'tlpord.d
:y44:e.ic} octM4t-24,..1966, Pagsption lb. 1496274i4 lo*iki;.374.
i•a TG Yitpi�R1 20 DJiD•Zffi , with all thi_'pPes '
,cYl - , tharwnto b!l�taging;;,or tp,agprsee sppp_rtatatog, tcyr,,,�.atpFppatuuse, benefit
• ; and a�&of thsl acid•Oraatea,, its.successors ab3 asst 4_�.___
v:,•..-, ' t~ except eeseesata and rights-of-way of record; and except'all ral
-;;. .- taxes and assessments for 2946 payable Jaanary 1 1969; and except mineral
' ; .:.' l>it
' reservation in t Deed recorded May LS, 1E , in look 97 at Page 490.
•�
,. It CUSS W8ttt07, the said @actor, a tzecutrix of said,,^ �_. �.. tatate as aforesaid, has hereunto set her hand and seal the day and
• --; year first bsreinabors.pritten.
' 4(dirbath T. ow as utriz .
of the tatati'oi.'Tit•': Itwiau T. Ludlow,
also known.as ;riiiag•Ludlow and as
I. T. Ludlow,,,deceased.
cowmpo
- N ) as.
-_.._ CITE AM COOTS Or i )
1 `t T• a ' . `..
iA •
foregoing instrument was acknowledged before as this �y
•F fir' •. , 1961, by Eliaa$tb,T. Lnd}ow as tracutriz of the
•
J.} ,. 7. Ludlow, also known'as Irving Ludlow and as
.-• �tod and offsc 1 ;sai -
..:} to /•t"' i Notary'Public
'. • `.
.nor : .
it - � �� ,,,,; '!1'. fE/ 7 . ..�<� . _. .-� .
' ' T� Kwi:r �/676 �.- managers sun 1 t.�r ,
4 t Jaauaer
lialI � sy(di 7r�t, �C Ii L. Ori!lith, foserly E-.
nna�NNC"iff�N:h and as Ida Ifraace4r joa, •
_re1t . Arapahos ilea tce. f,
'1 � 4 d r&W M W guck7.4. 8'asa `j.' _ '. �.
Y • , „
'+.� sett.W il. i WI' e atdi h..leeset r arb•f Colorado,
.1.: .f am rear pre ; r
•
t- ' wi L.
r sold pen eta. art pert, r ad I--`• et he a .t•
Y,9 ann noon AIL VALUAZNa CONSIDERATION oa A TIN (61O.00) DOW.a
., r Se amid party d tar pert*bead
add*We eleld raw Of am weed*eletsiese
: at II
I r 4.' a'o la hr•adk —i a 4,S. l sold ad drew*al rem peers tea
••t mow ad try d A.der wr W ea
a a a.�4 awned let w D..l a .aloe fret.
F-.i' o Draw d r Id awed d bat dteseti tstr ad tees.r r
lei Sale d Odeev,le Wu ,
IAa undivided one-half (1/2) interest in and to:
j The North Belt (l� >th
IP
) of Section irq._th�a (33) in
j Township Two (2), North, taaga Sixty-seven (67)
Nest of the 6th P.NL, together with all ditch and
water rights appertaining to said praises; except
all eesaents, enctabrances and rights-of-way of
record; alas except for that certain parcel co
y to Public Service �4w
Company of Colorado by Deed
recorded October 24, 1966, Reception No. 1496279,
Zook No. 574 and except mineral reservation in UPRR Deed recorded May 13, 1891, in Zook 97 at Page 490.
TOM/I a.a a W ass*a..
yesdieway riaseet'aaef.W r annals al ra"adaa p�m*Ir e.W weese.r...e and**h't'.a*r et*met..
S.•'�a het,baeeet,t*V W tend.!desert.d rams Wow W web aerr.Q W a
• esweatr..C.Iad*r has erperiwr+ata.r.rW,W a a se rerrwet+r**.
TO EAU MD TO fla r W A.e*u n...area*W a•ese.t ya'°^v _
her N We
r es*pear d her Fmk
ano lb me.�.i lei ripe raves.Awl r soil wny et art.he
�sold f , It Ile S.,lea rimente etw-Mel .eras wet,►ewes W w t al**
e pawn* she was a w`*.da t ate. W owls. sot r r err a r rle.�a lea Winn t
nl • . wren.11J.dbr.,is In.**e whelk ad re rain obeys lead,yak ipiaer al lit wakes
*Me White .*le
lirI ad pea Sawa sell al dew le a*sores W Serer dardt W sot r ale we bee al�*
�a r4.*►maw era lees;rimer*W maws of.tom. *w
sores, Inept for a1 general taxes and assessments tar 1968 payable 1
of January
1969; and Except for all easements and rights-of-ray
..season eartmtiewes*a e essemesel flaw la ere law a d wrdd wrW..eta.ad pc mer awed pat,Ile
el ear pa.so er parrs S. !Way y r*it r*We or
Wends rpen et r Sisold pe err pert rime eelnm rnasilfr♦na loaves DoamD. 4 prat
IX RIDS 1172.107.She W nay at the aM pen le■ hi/left des !
W ill OMaw ad nnes art,Jen.des ` r hmmf
E.:: SA.
� Ida aacu pat _ps�d
run Or OOLoIADo,
1 CITI' s oerw d DENSER a
•n.f.rdw4 lance 9taea apOw*!wi Shane la rhre aw d January to 68 .tv lraa nownts
and a Ida l""� ith, formerly known a Ida Prances Griffith
err !. f
@�v ail
( > a J
wren' am eat u
ep
TT•r'.• fP Oh Commission wins March 4 196E "" +^'
n.M. ..r•ett 111111111•••,near a...�rr+tees rrrre.,ya.�or..
9
1
I .
•
w,, . . ,our �...�.. I I'y-.�A ' fit -1
l • Ai •+.�YNW 4
r6.'':.. 1V i
+ 7 1
,.,.r u'i V:Nai►+la -�T'•-:• ?.. ... . -fir d 11I, ;b i r I
( January n" w r i , 'laden"d
as Ld.•t mid q%tight il. ) ' , s I.l '
rise i. I ` i I PS laIUM ISCI01p1L Jt, :a /ationa1 • j(,;
r' •
a`j e, r socl5tlpp of kgaisioat,-:Oolorso,. 41i "' '
` r:
? ,
. I :fati • : - L Otatt.d? gall . �
1 sit.tt tto ed part,oat Ban�. knc ,
r: ;- a QorpOrat organised 4Dd radar
ant-.r rt • 1'71 virto4of t'. lamp of'ill•r I tap* of -
v mart rra4 tM ga Tart l jet{ le us Owl pet,tafad taal
J! sil m atu•Ira .I
other *Ooll and minable consideration and Till ($10.190)'--- Than'
i :'< w a M ma piny at Mar Cot port, a lad ad bp to omit at Spsalsl part, due
`;,;i,:,: maof too twlpt•1•.t Si MoMeshytoawl ad advwl ad,ba■ Emma, s a ad—.•. a.
. I : nlw r ' . , . V adows in or at potty d
• a ' ao sat mat. its
.Rs,
its aka la..o,all a kMLW 6a9it lot a pad
' ••••:` •
1 . et ad,Ga s,War as 1a4Ia the Coital?et Wald a l
.et. . atw d GIS,s•wb,
r• An undivided one-fourth (1/4) interest in and tot
'Aoh
lt
:1- r
The forth Half (Hy) of Section Thirty-three (33) in
•" Township Two (2), North, Range Sixty-strum (67)
.. am:
West of the 6th P.K., together with all ditch and
:•u� ' water rights appertaining to stid'pra:aca; exoeac
••`' , , , all sae mats, encumbrances and rights-of-wry of _
record; end except for that certain parcel gptoreyed
{%F to Public BerriesCompanybyOpany of Colorado Deed
• recorded October 24, 1966, Reception Na: 1496279,
Ito" book gook Sc. 374; end except mineral reservation in LWRR
11' Dad recorded May 13, 1891, in lock 97'at Page 490.
.}(.
A Pa Tama vita EN ad agar G.1amaiman awl appirtllao lab,►,6atta ark..q.I
al--,. •Dp•wlaa,g,ad S.tarts ad.. dr..waled.a.aahlw rasa,bus W pal a... I
.1.r.+, J'I r d Si titi+t atM ant,Tad at at Of en.i Ile at"MY i Oa
'• th.- Jean a law or egad•,at,to ad to S. Nostra tra palm, -►t lamaarso i $
at 4jetnooti Ti San ad Ti Had ON Wd paw.fen l•4.t•.d at d..aG12.t IL
r •pparlmano. s Snckla Tarta, Inc., •
J.."7
to.`. tl.add pat 7 at ti..wad pot, its macaw)
y ►dn at ram Mn.
Ad Go ad The Longmont National Bank, frusta,
r^'• name,
datam pa tor it.at its /e Uf"fan y •
,• . / ,goof,dsasuocepgp�p�ink bona eaan to al flit the soli pets 1 i So.,, nttd part its / MS W apt at sine 1�,1a1CJttmis.la S.gat ad pared'- •
. ,e.; p.aad a i aa3d part d tla anal pal, its / '•`--tioa magma,goad e8 so1
a n soma et pads tablm or s.Wa S.ado i a part Groot.y,Gomd or made a
..at I aat pal at Si ant part a RAXZANT AND POBIPll DLTIIw. �
NI waaaa RS>[007,Tim said piety et W wart pan ana st its •
' l e r ' ad sd S.dap al Ca Awn pit .n aroma o
::r' I i THEIpI Path]
.;.' _i IlOB
' ( a ' . Cashier 87 - - s ent
_..._ IalALI ei
s satsi•t 27 OP D0WRADO ) .
Gaga- Boulder 11.
" . I �t:i far • er ■ reesj.awentt and lira dart January as
''' • Jana' . oral Bank, a
/y(...;ftt, r• y .. ..
r 2%;tortsce
• W' �•• • .Tee leer .L. inmate+.`•.....:r . ''�
or nil.° b° II
dimigiggM ylra•Y.1 an Y,�
Kan .•mat raaaarr •era►-a.rwarsa„W•..�.sow.err►a ate...r.a►
1 $ .
EASEMENT
KNOW ALL MEN BY THESE PRESENTS: That, PUBLIC SERVICE COMPANY
OF COLORADO, a Colorado corporation, whose address is 1225 Seventeenth
Street, Denver, Colorado 80202 (Grantor), for the sum of Five Hundred Dollars
(S500.00) and other good and valuable consideration in hand paid, does hereby
grant, bargain, sell and convey to Richard L. Wilson, whose address is 6767 WCR
19, Ft. Lupton, Colorado 80621, (Grantee), its successors and assigns, a non-
exclusive easement to construct, maintain, alter, repair, replace, reconstruct,
inspect; operate and remove a four (4) access roads, together with related
appurtenances on, over, under and across the following described premises
located in the County of Weld, State of Colorado, to wit:
The North 180.00 feet of and the West 180.00 feet of the North '/ of
Section 33, Township 2 North, Range 67 West of the 6th P.M., County of Weld,
State of Colorado. Subject to existing county roads.
This grant of easement is subject to the following conditions:
1 . The use of the premises shall be for above stated purposes only. No buildings,
structures, signs or wells shall be erected, placed or permitted to remain on the
premises.
2. Grantor reserves the right to place utility facilities in, under, over and across
said Easement which do not interfere with Grantee's use of the premises.
3. Grantor shall, at all times, have the right of access by a reasonable route to the
Easement and along and upon the same for the operation and maintenance of
its utility facilities.
4. The easement herein granted is subject to the lien of Grantor's Indenture, and
to its termination by the Indenture Trustee upon the occurrence of an event of
default under the Indenture.
5. Grantee agrees, to the extent permitted by law, to save, indemnify and hold
Grantor harmless from and against all claims and liability for damages, loss or
expense caused by any injury or death to any person or damage to property if
the same shall in any way be connected with or result of the exercise by
Grantee of the rights granted herein, or the existence, operation, use or
maintenance of the roadway herein permitted.
6. This Easement is issued subject to any prior licenses, easements, or leases
granted by Grantor for facilities of other parties.
7. In case of the permanent abandonment of this Easement, all right, privilege and
interest herein granted shall end, cease and terminate.
8. Grantee and its agents, employees, and contractors shall comply with all
Federal, State and local hazardous materials laws including but not limited to
the Comprehensive Environmental Response, Compensation and Liability Act,
the Resource Conservation and Recovery Act, the Solid Waste Disposal Act
and Sections 25-15-101 , et. seq., 25-16-101 , et. seq., 25-07-101 , et. seq.,
and 25-8-101 , et., seq. of the Colorado Revised Statutes. Grantee shall not
use, generate, store or dispose of any hazardous substance on, under or about
the premises except in full compliance with any applicable hazardous materials
laws. If the presence of hazardous substances arises out of Grantee's use or
occupancy of the premises, Grantee shall be responsible for all actions, legal or
administrative proceedings, demands, claims, judgments, damages, penalties,
fines, costs, liabilities, or expenses including, but cot limited to personal injury,
property damage, diminution in property values and remediation of
contamination.
9. Each of the four new access roads is to be installed no closer than fifty (50)
feet to any electric transmission tower. Written approval from PSCo is required
prior to any removal or addition of soil along the ROW.
EXECUTED this 15111-
day of MA/1
PUBLIC SERVICE C MP NY OF COLORADO
By: 9. en,McKee
Steep&laid Rights.New Century Services
Title: Avant tor Public Sane Company ofCdoedo
STATE OF COLORADO
1ss.
CITY AND COUNTY OF DENVER 1
The foregoing iiattrument was acknowledged before me this/ day toy pus.
M cf , 1292°n by AAcp'dc xis 6 /6.5 as •Cile
rirrG- 1 /A,vifi ,Gi{rs for Public Service Company of Colo d
TINOTNY k
My Commission expired'.Yc0mmissialExPifes March 21.2A01 KNOWLTON
Witness my hand and official seal. S•'•.,•�.�.,,
OF co'0Q
Notary P is
Re: SEPTIC SERVICE
Per: Vicky at Weld County Health Department, Environmental Services Division
Septic Service is available to both parcels. Permits should be applied for after RE is approved
and just before beginning to build, otherwise permits may expire before construction begins.
Soils maps and septic use on surrounding properties indicate there will be no problem with
septic service here.
• •
CWi
CENTRAL WELD COUNTY WATER DISTRICT
August 5, 1998
Richard L. &Elizabeth A. Wilson
6707 Weld Co. Rd. 19
Ft. Lupton, CO 80621
RE: Water Service
Dear Mr. &Mrs. Wilson:
This letter is in response to your request for water service to serve the following property described
as follows:
Part of NV2 of Section 33,Township 2 North, Range 67 West of the 6th P.M., Weld County,
Colorado.
Water service can be made available to the above described property. Submitted herewith is the
cost for two(2) 5/8" Taps on Weld Co. Rd. 19 between 14 & 16.
Tap fee-2-5/8" @$5,100.00 $10,200.00
Rebate 2 @ $2,000.00 4.000.00
TOTAL DUE $14,200.00
The above quoted fee is good thru August 24th, thereafter the Tap fee will increase by $2,000.00. •
Before proceeding with the meter sets, the above "Total Due" will have to be paid in advance, and
the appropriate documentation completed for the application for water service. The District
requires a 30 day notice for a tap installation. This property has been petitioned into Northern
Colorado Water Conservancy District.
If you have any questions regarding the above,please contact this office.
Sincerely,
CENTRAL WELD COUNTY WATER DISTRICT
AJW. Za eneral Manager
JWZ/ls
2235 2nd Avenue • Greeley, Colorado 80631 • (970) 352-1284 • John W. Zadel, General Manager
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