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HomeMy WebLinkAbout720681.tiff _ 397 Thence North 38° 00' 00" West, 9. 74 feet; Thence along the arc of a circular curve to the right having a radius of 1050. 00 feet, a central angle of 15° 15' 20" an arc length of 279. 57 feet and a chord which bears North 30° 22' 20" West, 278. 75 feet; Thence North 00° 14' 02" West, 1818. 91 feet; Thence South 80° 55' 54" East, 20. 00 feet Thence South 00° 14' 02" East, 1416. 80 feet; Thence along the arc of a circular curve to the left having a radius of 950. 00 feet, a central angle of 37° 45' 58", an arc length of 626. 19 feet, and a chord which bears South 19° 07' O1" East, 614. 91 feet; Thence South 38° 00' 00" East, 88. 61 feet to a point on the North Line of said Sonny View Estates; Thence North 89° 44' 08" West along the North Line of Sonny View Estates, First Filing as platted and recorded in the records of Weld County, Colorado, 127. 36 feet to the True Point of Beginning. Said tract contains 1. 781 acres. 6`74 11)96222 � -2` The consideration herein stated is in full compensation for all damages which would be considered and assessed in any award or court verdict in a proceeding under the statutes of Colorado, to condemn said strip of land for public road. Signed and sealed this 231111 day of August , A. D. , 1972. • David A. Fagerberg, Jr. • . June ]. Fagerberg STATE OF COLORADO, ) ) ss. COUNTY OF WELD, ) The foregoing instrument was acknowledged before me this 23rd day of August , A. D. , 1972, by David A. Fagerber3, Jr. and June I. Fagerberg. S I{ Witness my hand and official seal. f.'l;.t;40,Y. ,.rcommission expires: 2"1/4j j 4-4 "/4, otary Public 39S GREELEY, COLORADO, MONDAY, AUGUST 28, 1972 A regular meeting was held by the Board of County Commissioners of Weld County, Colorado, at 10:00 o'clock A. M. , with the following present: GLENN K. BILLINGS COMMISSIONER HARRY S. ASHLEY COMMISSIONER MARSHALL H. ANDERSON COMMISSIONER ANN SPOMER COUNTY CLERK SAMUEL S. TELEP COUNTY ATTORNEY The minutes of the 23rd instant were read, and there being no corrections or objections thereto, same were ordered approved. The following resolution was presented. Hearings were heard as noted. DEDICATION OF PERPETUAL RIGHTS-OF-WAY ARROWHEAD SUBDIVISION FOURTH FILING Section 27, Township 5 North, Range 66 West BE IT RESOLVED, by the Board of County Commissioners of Weld County, Colorado, that it does hereby approve the dedication of the perpetual rights-of- way over the public roads, streets, highways, and easements in behalf of the public in Arrowhead, Fourth Filing, a subdivision in Weld County, Colorado, being a part of the North Half (Ni) of Section 27, Township 5 North, Range 66 West of the 6th P. M. , Weld County, Colorado, and being more particularly described as follows: Commencing at the Northwest Corner (NWCor) of said Section 27, and considering the North Line of said Section 27 to bear South 89°48'40" East and with all other bearings contained herein being relative thereto: Thence South 89°48'40" East, along the North Line of said Section 27, 420.80 feet to the True Point of Beginning; Thence continuing South 89°48'40" East, alona the North Line of said Section 27, 2503.26 feet; Thence South 64°00'00" West, 128.21 feet; Thence along the outer boundary of Lake Arrowhead as platted and recorded in the records of Weld County, Colorado by the following seven (7) courses and distances: South 24°08'30" East, 194.84 feet; North 47°00'00" East, 174.24 feet; North 74°00'00" East, 220.00 feet; South 90°00'00" East, 210.00 feet; South 40°52'10" East, 154.67 feet; South 52°26'30" Fast, 210.00 feet; South 05"53'00" East, 195.00 feet to a point on the outer boundary of the VACATION AND REDEDICATION OF ARROWHEAD FIRST FILING as platted and recorded in the records of Weld County, Colorado; Thence along the outer boundary of said VACATION AND REDEDICATION OF ARROWHEAD FIRST FILING by the following eight (8) courses and distances: South 49°32'30" West, 159.54 feet; Along the arc of a circular curve to the left having a radius of 255.00 feet, and a chord that bears South 80°41'00" East, 246.21 feet; South 70°27'00" West, 352.74 feet; Along the arc of a circular curve to the left having a radius of 260.00 feet, and a chord that bears South 59°57'00" East, 94.76 feet; South 49°27'00" West, 382.72 feet; Along the arc of a circular curve to the right having a radius of 170.00 feet and a chord that bears South 59°34'00" West 59.72 feet; South 69°41'00" West, 355.62 feet; South 20°19'00" East, 942.11 feet to a point on the outer boundary of ARROWHEAD SECOND FILING as platted and recorded in the records of Weld County, Colorado. Thence along the outer boundary of said ARROWHEAD SECOND FILING by the following seven (7) courses and distances: North 90°00'00" West, 346.81 feet; North 83°12'50" West, 674.72 feet; South 90°00'00" West, 860.00 feet; North 00°00'00" West, 990.00 feet; North 09°27'40" East, 60.83 feet; South 90°00'00" West, 310.00 feet; North 00°00'00" West, 887.19 feet to the True Point of Beginning. Said tract of land contains 101.75 acres. • ;r #M i' 3 t r'• s e r h v • •.x� 'k Y • �' a � � ' • ` F'.s ^�G �� 1�,• • eft ta. { ` z} •s r e+ �(]p i f c ti 7J ..' P and , v BE IT RESOLVED, that the accompanying plat is approved for filing and the public roads, street, highways and easements thereon shown are approved, provided however, that the County of Weld will not undertake maintenance of said streets, roads, and rights-of-way until they have been constructed by the subdivider according to specifications and accepted by the County of Weld and BE IT STILL FURTHER RESOLVED, that the subdivider shall furnish a demand note in the amount of $23,163.05 in lieu of a bond as recommended by the Weld County Planning Commission. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote: AYES,a‘tec- /'if�-1(4., - C� it-14-14 BOARD OF C UN OMMISSIONERS WELD COUNTY, COLORADO Dated: August 28,1972 SUBDIVISION AGREEMENT TIIIS AGREEMENT, made and entered into this 19th day of January, 1972 by and between the County of Weld, Colorado, hereinafter called "County", and LA KE ARROWHEAD INC. hereinafter called "Subdivider". WI TN ESS ET H: WHEREAS, Subdivider is the owner of the following described property in the County of Weld, Colorado: See Exhibit attached hereto and by reference made a part hereof. WHEREAS, a final plat of said property, known as ARROWHEAD FOURTH FILING has been submitted to the County for approval; and WHEREAS, it is provided by resolution of the Board of County Commissioners, County of Weld, that no final plat shall be approved unless the subdivider shall have entered into a written agreement with the County to install certain improvements; NOW, THEREFORE, in con—ideration of the foregoing and the acceptance and approval of said final plat, the parties hereto promise, covenant, and agree as follows: 1. Engineering Services: Subdivider shall furnish, at its own expense all enginerring services in connection with the design and construction of the subdivision improvements described and detailed on Exhibit "A", attached hereto and made a part hereof. 1. 1 Said engineering services shall be performed by a Registered Professional Engineer and Land Surveyor in the State of Colorado and shall conform to the standards and criteria for public works as established by the County. 1. 2 Said engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles, estimates, construction supervision, and furnishing necessary material to the County. 1. 3 Subdivider shall furnish drawings and estimates to the County for approval prior to the letting of any con- struction contract. Before acceptance of the installed improvements, Subdivider shall furnish one set of repro- ducible "as-built" drawings and a final statement of construction cost to the County. • 4' 7. 1 , '1 ` f' .I LEGAL DESCRIPTION 11O,ia ,.v Noah Hal! (i ) at Section 27, Township 5 North, Range 66 West of the 6th P.M. , Commencing at the Northwest Corner (NW Cor) of said Section 27, and considering the North Line of said Section 27 to bear South 89°48'40" East ` and with all other bearings contained herein being relative thereto: Thence ` South 89°48'40" East, along the North line of said Section 27, 420.80 feet to the True Point of Beginning; Thence continuing South 89°48'40" East, along the North Line of said Section 27, 2,503.26 feet; Thence South ` _u 64°00'00" West, 128.21 feet; Thence along the outer boundary of Lake Arrowhead as platted and recorded in the records of Weld County, Colorado by the following seven (7) courses and distances: South 24°08'30" East, 194.84 feet; North 47°00100" East, 174.24 feet; North 74°00'00" East, 220.00 feet; South 90°00'00" East, 210.00 feet; South 40°52'10" East, 154.67 feet; South 52°26'30" East, 210.00 feet; South 05°53'00" East, 195. 00 feet to a point on the outer boundary of the VACATION AND REDEDICATION OF ARROWHEAD FIRST FILING y as platted and recorded in the records of Weld County, Colorado; Thence along the outer boundary of said VACATION AND REDEDICATION OF ARROW- HEAD FIRST FILING by the following eight (8) courses and distances: South 49°32'30" West, 159.54 feet; Along the are of a circular curve to the left having a radius of 255. 00 feet, and a chord that bears South 80°41'00" East, 246. 21 feet; South 70°27'00" West, 352.74 feet; Along the arc of a circular curve to the left having a radius of 260. 00 feet and a chord that bears South 59°57'00" East, 94.76 feet; South 49°27'00" West, 382.72 feet; Along the arc of a circular curve to the right having a radius of 170. 00 feet and chord that bears South 59°34'00" West, 59.72 feet; South 69°41'00" West, 355.62 feet; South 20°19'00" East, 942. 11 feet to a point on the outer boundary of ARROWHEAD SECOND FILING as platted and recorded in the records of Weld County, Colorado; Thence along the outer boundary of said ARROWHEAD SECOND FILING by the following seven (7) courses and distances: North 90°00'00" West, 346. 81 feet; North 83°12'50" West, 674.72 feet; South 90°00'00" West, 860. 00 feet; North 00°00'00 ' West, 990. 00 feet; North 09°27'40" East, 60.83 feet; South 90°00'00" West, 310. 00 feet; North 00°00'00" West, 887. 19 feet to the True Point of Beginning. Said tract of land contains 101. 75 acres. 2. Rights-of-Way and Easements: Before commencing the con- struction of any improvements herein agreed upon, Subdivider shall acquire, at its own expense, good and sufficient rights-of-way and ease- ments on all lands and facilities traversed by the proposed improvements. All such rights-of-way and easements shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. r 3. Construction: Subdivider shall furnish and install, at its own expense, the subdivision improvements described and detailed on Exhibit "A", attached hereto and made a part hereof, i 3. 1 Said construction shall be in strict conformance to the drawings approved by the County and the specifications adopted by the County for public works projects. Whenever a subdivision is proposed within three miles of an incorpor- ated community located in the County or located in any adjacent county, the subdivider shall be required to install improvements in accordance with the requirements and standards that would exist if the plat were developed within the corporate limits of that community. If the incorporated ` community has not adopted such requirements and standards at the time a subdivision is proposed, the requirements and standards of the.County shall be adhered to. If both the incorporated community and the County have requirements and standards, those requirements and standards that are t more restrictive shall apply. p: 1`i1 ,� � f.'.�5 �� t:N S � I� � t'y.._f �+�i, ado:c. . 7 Y 1 t • rr `.' .4.''.-)5-'.r �F• - ? ,•6 '.{p"vt,• :,' :.ii',.. t . , y< ) +.y Cr. `J•�^.: .'orb i.,. .v 'L+'*4+4 4‘..'" r ''� kr _ _ S' .. 1.:...4 • . * '••"",-viii •.., t ��� ! :;74 yY .4 ''• -• r' Y1,,', i ���� �r- "-� �/. 'Y .�. �' '. r alt: l?i .� � pp . fie.,f �r V.,, ' t +rf ii . `h"'� 47s v #-a, • ,e,",)::4 ' 1 Y �..,:';i a.. _y • , P 3. 2 Subdivider shall employ, at its own expense, a qualified testing company, previously approved by the County, to perform all testing of materials or ;onstruction that is re- quired by the County; and shall furnish copies of test results to the County. i 3. 3 At all times during said construction, the County shall have the right to test and inspect or to require testing and inspection of material and work at Subdivider's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satis- faction of the County at Subdivider's expense. 4i 3.4 The Subdivider shall furnish proof that proper arrange- ments have been made for the installation of sanitary sewer, 4 water, gas, electric, and telephone services, 3. 5 Said subdivision improvements shall be completed according to the terms of this agreement within the "Time for Completion" appearing in said Exhibit "A'; which time shall commence upon the date of this agreement. The Board of County Commissioners, at its option ',lay grant extension of time of completion upon application by Subdivider. 4. Release of Liability: Subdivider shall indemnify and save harmless the County from any and all suits, actions, or claims of every nature and description caused by, arising from, or on account of said construction, and pay any and all judgments rendered against the County on account of any such suit, action, or claim, together with all reasonable expenses and attorney's fees, incurred by County in defending such suit, action, or claim. All contractors and other employees engaged in construction of the improvements shall maintain adequate workmen's compensation insurance and public liability in- surance coverage. And shall operate in strict accordance with "Occupational Safety and Health Act, " and,'or any regulations imposed by the Industrial Commission of the State of Colorado. 5. Acceptance: Upon completion of said construction according .i to the terms of this agreement, the improvements shall be accepted by the County after written approval is received by it from its duly authorized inspecting agent. Upon such acceptance of subdivision, all assignable improvements shall automatically become public facilities and the property of the County. 5. 1 If desired by the County, portions of the improvements may be placed in service when completed, but such use and operation shall not constitute an acceptance of said portions. 5. 2 The County may, at its option, issue building permits for construction on lots for which the subdivision improvements detailed herein have been started but not completed, and may continue to issue building permits so long as the progress of work on the subdivision improvements throughout the develop- ment is satisfactory to the County; and all terms of this agree- ment have been faithfully kept by Subdivider. 6. Maintenance: During a period of one year from and after the final acceptance of the subdivision improvements, the Subdivider shall, at its own expense, make all needed repairs or replacements due to de- fective materials or workmanship which, in the opinion of the County, shall become necessary. If, within ten days after Subdivider's receipt of written notice from the County requesting such repairs or replace- ments, the Subdivider shall not have undertaken with due diligence to make the same, the County may make such repairs or replacements at the Subdivider's expense. In the case of any emergency, such written notice may be waived. 7. Subdivider shall furnish to the Board of County Commissioners as a guarantee of compliance with this agreement: 1) Cash escrow deposit, or 2) Bank letter of credit, or 3) "Sub Division Bond" issued by surety company authorized to do business in the State of Colorado, or 4) Demand Note signed by qualified obligors acceptable to the Board of County Com- missioners. Amount of any of the above guarantees shall be set by the Board of County Commissioners and amount of guarantee may be adjusted as portions of work are completed and accepted. i k 1*-).:f ty.,4rythfo,1,1...\5 4,, , iv ,,� ,r " y ''4jt...'3 ttJ ;K --'1 1' '1r,A�,^ 8. Successors and Ash: This agreement shall be binding , :.• upon the heirs, executors, personal representatives, successors, and ,• •'. assigns of the Subdivider and upon recording by the County shall be v ` : deemed a covenant running with the land herein described, and shall be 4 ` "Y, binding upon the successors in ownership of said land. u , • . ;• 9. Modification: Subdivider shall pave Cheyenne Drive SSE from the County Road Number 54 to Arrowhead Drive, and Arrowhead Drive from said inter- - section with Cheyenne Drive East, then Northeast to said County Road. The Subdivider '; agrees that after Fifty Pereent (50%) of the Lots in Arrowhead Fourth Filing are sold ,4 ,t and conveyed, Subdivider will pave all remaining roads and Cul-de-Saes within the boon- Y.;. daries of Arrowhead Fourth Filing ,, lo. Reviev/ of Fourth Filing: Subdivider shall present to the Board of County Commissioners from time to time as the Board may require, a statement indicating the percentage of Lots which have been sold and conveyed within the boundaries of Arrowhead Fourth Filing in order to comply with the provisions of $, Paragraph Nine preceeding. r z. ,. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written: f `. a BOARD OF COUNTY COMMISSIONERS ' r t WELD COUNTY, COLORADO I Alizie Adi:� i k P. c-----)L-4 ( I a � 1 aG_ jlit --7 ,� : • —.1,/ t, i ATTEST: • (Inv", Clerk of the B rd b (D o+PulY County Clerk AP ROVE, AS TO F M� c i / /i,,L � r ,, /) . Y. 14-7V _e -0) ounty Attorney LAKE ARR INC. ' (Subdiv er) / /7 ( �Th K. -- ) �r -, (Title) Pre ident ATTEST:- C / > ≥ a / / • r ).Li -1 1, (Title) Secretary k } i 4 -4- '1 I S f .,4 i . , r ,i,o . t,, ..fir S. 9• s,c0 , :„ik..„7.4„ ,.. ...Ai i 1 �1 t August 28, 1972 I hereby certify that pursuant to a notice dated July 26, 1972, duly published July 28 and August 18, 1972, a public hearing was had on a request for a Land Use Permit as requested by Premier Corporation, at the time and place specified in said notice. The evidence presented was taken under advisement. n t ATTEST: Z14.t//r ;..:,7y:"...t, COUNTY CLERK' AND RECORDER HA RMAN AND CLERK TO THE BOARD BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO August 28, 1972 I hereby certify that pursuant t0 a notice dated July 26, 1972, duly published July 28 and August 18, 1972, a public hearing was had on a re- quest for a Land Use Permit as requested by Edward Meyer at the time and place specified in said notice. A motion was made to grant said request. The County Attorney was ordered to draw the proper resolution. -> , ATTEST: fL y,11Y, rt� ".'7 - J Qiuc. COUNTY CLERK AND RECORDER CHAIRMAN ���' � AND CLERK TO THE BOARD BOARD OP COUNTY COMMISSIONERS WELD COUNTY, COLORADO There being no further business for the day, a recess was ordered taken to a future date, subject to call of the Chairman. aAPPV 1�1 "144/ COUNTY CLERK f , ,f,�',_ .c ,1 '� Llet` CHAIRMAN BY:_=; 44,i ' �., Deputy Count Clerk / ���,�d- � p Y Y GREELEY COLORADO WEDNESDAY AUGUST 30 1972 A regular meeting was held by the Board of County Commissioners of Weld County, Colorado, at 10:00 o'clock A. M. , with the following present: GLENN K. BILLINGS COMMISSIONER HARRY S. ASHLEY COMMISSIONER MARSHALL H. ANDERSON COMMISSIONER ANN SPOMER COUNTY-CLERK SAMUEL S. TELEP COUNTY ATTORNEY The minutes of the 28th instant were read, and there being no corrections • or objections thereto, same were ordered approved. RESOLUTION WHEREAS, a public hearing was held on August 28, 1972, in the chambers of the Board of County Commissioners, Weld County, Colo- rado, for the purpose of hearing the petition of Edward E. Meyer, Route 1, Box 140, Greeley, Colorado, requesting permission for ex- pansion of an existing cattle feed lot operation on the following des- cribed property, to-wit: The West half Northeast quarter of the Southeast quarter (WzNE4Sa of Section Two (2), Township Five (5) North, Range Sixty-four (64) West of the 6th P. M. , Weld County, Colorado containg 20 acres more or less, and WHEREAS, the petitioner was present, and WHEREAS, the said requested expansion of an existing cattle feed lot operation is located in an agricultural zone as set forth by the Weld County Zoning Resolution, and WHEREAS, according to Section 3. 3(3)(c) of the Zoning Resolution of Weld County, said cattle feed lot operation or any expansion thereof may be authorized upon the approval of the Board of County Commissioners r\ of Weld County, and r.e.,.._ , �.. P 'rt t.`!.`t DP k '4,+m ce-.�i 7 t '� �,, i„ 3 'y4 ? t ,',. '' • °; q.'..L'IN .� tv, f w 1x''4-i t* , r i• ,-, ti• - - 1c)+� '''' , "'S l,' ,A¢a •' ) '?" ' r� ,4A�1Y* ..YID i 1 ` . :4 �. T.'-.+. �t �h r t4,1,14):,:- I 6 WHEREAS, the Board of County Commissioners heard all the testi- money and statements of those present; has studied the request of the , petitioner and studied the recommendations of the Weld County Planning •� gti ly. Commission, and having been fully informed; '1 A,. NOW, THEREFORE, BE IT RESOLVED, by the Board of County `' Commissioners, that the application of Edward E. Meyer, Route 1, Box 140, Greeley, Colorado, for expansion of an existing cattle feed �' lot operation on the premises indicated above be, and it hereby is granted t under the conditions following: i�: 'Z I. That any water and sanitation facilities to be installed shall be approved by the State Health Department. 2. That petitioner shall proceed with due diligence to expand said cattle feed lot operation and that he shall have up to one year from date hereof to begin construction for the expansion thereof. P 4 2. That when expansion of said cattle feed lot is completed, same • .� shall not contain more than 5, 000 head at any one time. 4. That petitioner shall construct/or seal any lagoon and/or exist- ing lagoons on said premises. f 5. That all applicable subdivision regulations and zoning regulations shall be followed and complied with in accordance with the Zoning Resolutions of Weld County, Colorado. Dated this 30th day of August, 1972, BOARD OF COUNTY COMMISSIONERS f• ATTEST: WELD COUNTY, COLORADO , , .; ,fl � ):l--"�ll� I Cler fhF ;Board'"z ..---,0 _ r By Deputy County Cler Ace r, Cam. it (., APPRO D AKTO FORM:$ 44 i �_ -17 � ,/ .1�� 4 j�ourft " to ne r - cc. . L. liealth, Appint SIGN OIL AND GAS LEASE #574 LEROY BLAYLOCK EXPIRES AUGUST 30, 1977: Whereas, LeRoy Blaylock of P. 0. Box 1222, Dickinson, N. Dakota, has presented this Board with an Oil and Gas Lease covering a tract of land situate in Weld County, Colorado, being more particularly described a$ fO11OWSi Township 9 North, Range 56 West: Section 18: NEtNWt, NWiNSt Contains 80 acres m/1 and • WHEREAS, the Board believes it to be in the best interests of the County to sign said lease. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Weld County, Colorado, that it does hereby accept by signing an Oil and Gas Lease, County #574, with LeRoy Blaylock,. for the described parcel of land listed above, for a period of five years, with a rental of $1.00 and a delay rental of $1.00 per net mineral acre. ,. ii . .. AYES: /� �� c._ r i V _ E BO F C Y MMISS ONERS WELD COUNTY, COLORADO DATED: AUGUST 30, 1972 t'ti:. MB 381 -AV.";' .p! i; Iq!a^v,'n7M n•rM,.Lvq:a at; }' r ,4' 4 9 • } S 'lam .. 'y ,5 ' k �� t ' RESOLUTION WHEREAS, the Weld County Planning Commission by Resolution has recommended to the Board of County Commissioners that the Weld County Subdivision Fee requirements be amended in certain respects; and WHEREAS, said amendment is attached hereto and made a part of this Resolution by reference; and WHEREAS, the Board of County Commissioners approves said amendment in its entirety; NOW, THEREFORE, BE IT RESOLVED, that the Weld County Subdivision Fee Schedule as shown on the attached exhibit, be and the same is hereby adopted, and that said Fee Schedule for processing subdivision plats shall not be considered a part of the new Weld County Subdivision Regulations. The above and foregoing Resolution was adopted on this 30th . day of August , A.D. , 1972. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Z> ATTEST: an,4✓.2 s.L� Cl k of the Board Deputy County Clerk APPROVED AS TO FORM: 7 County Attorney "' -,466 -_ ir -` RELOCATE PORTION OF COUNTY ROAD #35 - SECTION 24, TOWNSHIP 6 NORTH, RANGE 66 ,, ''�:p WEST OF THE 6TH P. M., WELD COUNTY, COLORADO: ,., :q . .,y '` BE IT RESOLVED, by the Board of County Commissioners, Weld County, Colorado that a portion of County Road #35 be relocated in Section 24, Township •• ' 6 North, Range 66 West of the 6th P. M., Weld County, Colorado, said portion is relocated as per attached plat of Sonny View Estates and by Surveryor's Certificate NHPQ 72-1-SUR-B003 as attached and made part of this resolution, and as refer ;4' ` by the following: , <'. 4`•, • County Commissioners Resolution dated 8/23/72 R#1596219 ) Parcel"A" y • Quit Claim Deed 8/23/72 R#1596219 ) M County Commissioners Resolution dated 8/23/72 R#1596220 ) „B" Quit Claim Deed 8/23/72 R#1596220 ) Parcel County Commissioners Resolution dated 8/23/72 R#1596221 ) Quit Claim Deed 8/23/72 R#1596221 ) Parcel "C" Right-of-Way Deed 8/23/72 R#1596222) Parcel "D" Dedication of Right-of-way 1 Sonny View Estates 1st Filing 3/1/72 R#1584876 Dedication of Right-of-Way Seeley Lake Subdivision 2nd Filing 8/23/72 4 ' s Amended plat Sonny View Estates 8/23/72 First Filing The above and foregoing resolution was, on motion duly made and seconded, 4 adopted by the following vote: ' s. s AYESs� �t�c/ %-. icy/ , --A«�� �. .�.� J l / i , / - , / T D 0 C NTY C MMISSIONERS l WELD COUNTY, COLORADO FERMENTED MALT BEVERAGE LICENSE NUMBER 72-19 r� PISINA, FLORINDA TREVINO dbe PISINA'S CAFE EXPIRES SEPTEMBER 10, 1973: , `I WHEREAS, Florinda Trevino Pisina dba Pisina's Cafe of Weld County, Colorado, ! has presented to the Board of County Commissioners of Weld County an application for a County Retail License for sale of 3.2% beer only, and WHEREAS, the said applicant having paid to the County Treasurer of Weld County the sum of fifty dollars ($50.00) therefore, and having produced a State Retail License, for sale of 3.2% beer only outside the corporated limits of any city dr town in the County of Weld at the location described as follows: South 40 feet Lots 15, 16 and 17 Block ..7, Gill, Colorado, Being a part of the SWf of Section 27, Township 6 North, Range 64 West of the 6th P.M. , Weld County, Colorado; NOW THEREFORE, BE IT RESOLVED, that the Board of County Commissioners having examined the said application and the other qualifications of the applicant do hereby grant License Number 72-19 to said applicant to sell 3.2% beer only at F retail at said place, and do hereby authorize and direct the issuance of said license by the Chairman of the Board, attested by the County Clerk and Recorder 1' of Weld County, good for one year from the date of issue unless revoked, according to law, provided, however, that said license shall be issued upon the express condition and agreement that the place where licensee is authorized to sell beer under said license will be conducted in strict conformity to all laws of the State • of Colorado and rules and regulations relating thereto heretofore passed by the Board of County Commissioners of Weld ,County, Colorado, and any violation thereof shall be cause for revocation of the license. r The above and foregoing resolution was, on motion duly made and seconded, adopted by the following votes • t 'il AYES: ,�� A-�_� Vv ,, i.,( a.,, (-1-„. E COMMISSIONERS ►'. WELD COUNTY, COLORADO DATED: August 30, 1972 I • SIGN OIL AND GAS LEASE # 575 E. B. O'HARA EXPIRES AUGUST 30, 1977: WHEREAS, E. B. O'Hara of 812 Patterson Building, Denver, Colorado, 80202, has presented this Board with an Oil and Gas Lease covering a tract of land situate in Weld County, Colorado and being more particularly described as follows: Range 61 West, Township 2 North Section 14: SWiSE4 Section 24: NW4 Range 61 West, Township 3 North Section 1: SISW4: NW SW S'WkNW-1, Section 12: NW-,11- Range 61 West, Township 4 North Section 11: W NE4: NE+NW4: NW4SEl Contains 680 acres more or less and WHEREAS, the Board believes it to be in the best interest of the County to sign said lease. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Weld County, Colorado, that it does hereby accept by signing an Oil and Gas Lease, County #575, with E. B. O'Hara, for the described parcel of land listed above, for a period of five years, with a rental of $1.00 and a delay rental of $1.00 per net mineral acre. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote: AYES: A//Jr- ‘,/ • ;tile f/e THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: AUGUST 30, 1972 RESOLUTION WHEREAS, a public hearing was held on August 14, 1972 in the chambers of the Board of County Commissioners, Weld County, Colorado, for the purpose of hearing the petition of Harry Frank, Route 1, Box 230, Loveland, Colorado, requesting permission for expansion of an existing cattle feed lot operation on the following described property, to-wit: The South 520' of the West 940' of the Northwest Quarter (NW-4-) of Section Eight (8), Township Five (5) North, Range Sixty-seven (67) West of the 6th P. M. , Weld County, Colorado, containing 11. 37 acres, more or less, and WHEREAS, the petitioner was present, and WHEREAS, the said requested expansion of an existing cattle feed lot operation is located in an agricultural zone as set forth by the Weld County Zoning Resolution, and WHEREAS, according to Section 3. 3(3)(c) of the Zoning Resolution of Weld County, said cattle feed lot operation or any expansion thereof may be authorized upon the approval of the Board of County Commissioners of Weld County, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present; has studied the request of the petitioner and studied the recommendations of the Weld County Planning Commission, and having been fully informed; L • NOW, THEREFORE, BE IT RESOLVED, by the Board of County 1 Commissioners, that the application of Harry Frank, Route 1, Box 230, Loveland, Colorado, for expansion of an existing cattle feed lot operation on the premises indicated above be, and it hereby is granted under the conditions following: 1. That any water and sanitation facilities to be installed shall be approved by the State Health Department. 2. That petitioner shall proceed with due diligence to expand said cattle feed lot operation and that he shall have up to one year from date hereof to begin construction for the expansion thereof. 3. That when expansion of said cattle feed lot is completed, same shall not contain more than 1000 head at any one time. 4. That all applicable subdivision regulations and zoning regulations shall be foll owed and complied with in accordance with the Zoning Resolutions of Weld County, Colorado. Dated this 30th day of August, 1972. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORAROv�' ATTEST: ' _ Clerk o££,the B and i3Y:ll r. ti,f,rL.yeputy County Cler APPROVED AS To FORM:__ r ( ! mot t County Alttorne Y RESOLUTION WHEREAS, a public hearing was held on August 14, 1972 in the chambers of the Board of County Commissioners, Weld County, Colorado, for the purpose of hearing the petition of Central Weld Water District, 115 18th Street, Greeley, Colorado requesting approval of site for the construction of a water storage reservoir on the following described property, to-wit: A parcel of land located in the Northwest Quarter (NW-1) of Section 24, Township 5 North, Range 66 West of the 6th P. M. in the County of Weld, State of Colorado, more particularly described as follows: Beginning at the Northwest corner of the Northwest Quarter of said Section 24; thence along the West line of the North- west Quarter of said Section South 1° 28' 00" East 1777. 00 feet; thence South 66° 08' 00" East 166. 90 feet; thence North 62° 40' 00" East 165. 50 feet; thence North 30° 58' 00" East 186. 89 feet to the true point of beginning; thence con- tinuing along the centerline of the Greeley-Loveland Irrigation Company canal North 30° 58' 00" East 17. 21 feet; thence North 41° 00' 15" East 201. 07 feet; thence along the East line of subject parcel North 1° 28' 00" West 324. 06 feet; thence South 88° 32' 00" West 145. 00 feet; thence South 1° 28' 00" East 486. 90 feet more or less to the true point of beginning, and WHEREAS, the petitioner was represented by Dale Olhausen, and WHEREAS, there was no opposition to the request of petitioner for the location of a water storage reservoir, and WHEREAS, the said requested location for a water storage reservoir is located in an agricultural zone as set forth by the Weld County Zoning Resolutions, and WHEREAS, according to Section 3. 3(2) of the Zoning Resolution of Weld County, said location for the water storage reservoir may be authorized on the approval of the Board of County Commissioners of Weld County, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present; has studied the request of the petitioner and studied the recommendations of the Weld County Planning Commission, and having been fully informed, ., .t.Lys..iiur.Yaa+.rrwM�Y.""'d...,. s ,I•. --- NOW, THEREFORE, BE IT RESOLVED, by the Board of County ) Commissioners, that the application of Central Weld Water District, to locate a water storage reservoir on the premises indicated above be, and it hereby is granted under fie conditions following: 1. That any water and sanitation facilities to be installed shall be approved by the State Health Department. 2. That petitioner shall proceed with due diligence to effect said construction of the water storage reservoir and that it shall have up to one year from date hereof to begin the construction of said facility; otherwise, the Board may, for good cause shown, on its own motion, revoke the permit herein granted, 3. Subject to proper fencing and screening of said water storage facility, thus preventing same from becoming an attractive nuisance to children. 4. That the height of said contemplated structure erected on premises shall not exceed the maximum height of 40 feet. • 5. That all applicable subdivision and zoning regulations shall be followed and complied with in accordance with the Zoning Resolutions of Weld County, Colorado. Dated this 30th day of August, A.D. , 1972, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO :,/ ry �� ATTEST: r lrylf�r 6 L(/Q/ Clerk f the Board By: ,% /;,,� ////,. Deputy County Clerk APPROVED AS TO FORM: I / / t � County Atorney RESOLUTION RE: VACATION, ABANDONMENT AND CLOSING OF A PORTION OF A COUNTY ROAD, NUMBER 36 BETWEEN SECTION TWO (2) AND SECTION ELEVEN (11) IN TOWNSHIP THREE (3) NORTH, RANGE SIXTY-SEVEN (67) WEST OF THE 6TH P. M. , WELD COUNTY, COLORADO, ENTERING FROM THE. EAST AND EXTENDING WEST APPROXIMATELY ONE-FOURTH (4) MILE. WHEREAS, a petition has been presented to the Board of County Commissioners, Weld County, Colorado, requesting the closing of a portion of County Road Number 36 between Section 2 and Section 11, in Township 3 North, Range 67 West of the 6th P. M. , Weld County, Colorado, entering from the East and extending West approximately one-fourth mile, being property wholly owned by the aforementioned petitioners, and WHEREAS, no objections to said petition for the closing of said parcel of County Road has been received in the office of the Board of County Commissioners, Weld County, Colorado, and WHEREAS, it appears that the necessity of the public no longer requires this portion of the aforementioned portion of County Road Number 36, and WHEREAS, the Board of County Commissioners, Weld County, Colorado, believes it to be in the best interest of the public and Weld County to approve said petition. • NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners, Weld County, Colorado, that said portion of County Road Number 36 between Section 2 and Section 11 in Township 3 North, Range 67 West of the 6th P. M. , Weld County, Colorado, entering frcm the East and extending West approximately one-fourth mile, be, and it is hereby declared abandoned, vacated and closed, in accordance with the submitted petition. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of August, 1972. BOARD OF COUNTY COMMISSIONERS WELL) COUNTY, COLORADO /14km•� , • . . ATTEST: p v.e o-s��at�J Clerk of thBP and By: ;;,4„.11 6244 „L4 Deputy County Clerk APPRCNED AS TO FORM: �A 1� County Attorney �y� �►ded at o'clock /5 . A U G 31 1972 675 5 sec, No lj:)66fi‘1 .......Ann Sportier, Recordr l QUIT CLAIM DEED THIS DEED, Made this 30th day of August 1972 between WELD COUNTY, a municipal corporation and a political sub- division of the State of Colorado, by the BOARD OF COUNTY COMMISSIONERS, o for the respective interests of the COUNTY OF WELD and the STATE OF COLORADO, of the first part, and THE PRESENT OWNERS, of the second '.,'1 .—� part; NI �1 WITNESSETH, That the said party of the first part, and in consideration of the sum of other valuable consideration and Ten Dollars ($10. 00), to said party of the first part in hand paid by the said parties of the second part, the receipt of which is hereby confessed and acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED unto the said parties of the second part, all the right, title, interest, claim and demand which the said party of the first part has in and to the following described real estate situate, �{ lying and being in the County of Weld and State of Colorado, to-wit: M A sixty (60) foot wide road right of way being thirty (30) feet on each side of the section line between Section Two (2) and Section Eleven (11) in Township Three (3) North, Range Sixty-seven (67) West of the 6th P. M. , Weld County, Colorado, entering from the East and extending West approximately one-fourth (i) mile, being a part of County Road Number 36 as now constructed and as shown on recorded map or plat thereof. • To Have and To Hold the same, together with all and singular the appur- tenances and privileges hereunto belonging or in anywise thereunto appertain- ing, and all the estate, right, title, interest and claim whatsoever, of the • said party of the first part, either in law or equity, to the only proper use, benefit, and behoof of the said parties of the second part, their heirs and assigns forever. SIGNED AND DELIVERED this 30th day of August , A. D. , 1972, by WELD COUNTY, a municipal corporation and a political subdivision of the STATE OF COLORADO by the BOARD OF COUNTY COMMISSIONERS, for its respective interests. • _ _.. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO •6;,2- • ATTEST: I ,. ,_(4;71,44, iii-vrcw° 1,74i//(11 LX/ i— ('t�ufJt3� Cler B y 1).191.1•y County Clerk • • .( •S AvTE OF COLORADO) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 30th day of August , 1972, by Glenn K. Billings, Harry S. Ashley and Marshall H. Anderson as the BOARD OF COUNTY COMMISSIONERS and Wilma Adams as Deputy County Clerk for Weld County, a municipal cor- .poratioVrAild a political subdivision of the STATE OF COLORADO by the BOARD --OAF IirtI!Y COMMISSIONERS, for its respective interests. U B V.WI8TESS my hand and official seal. NIl2-commissirn expires: ly-a4(& \7 �Votar Public y RESOLUTION WHEREAS, the Weld County Planning Commission by Resolution has recommended to the Board of County Commissioners that Weld County adopt new County Subdivision Regulations; and WHEREAS, said recommended Subdivision Regulations are attached hereto and made a part of this Resolution by reference; and WHEREAS, the Board of County Commissioners approves said Subdivision Regulations in their entirety; NOW, THEREFORE, BE IT RESOLVED, that the new Weld County Subdivision Regulations as shown on the attached exhibit, be and the same are hereby adopted. BE IT FURTHER RESOLVED, that the old County Subdivision . Regulations be of no further legal force and effect on and after the date hereof. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on August 30th, 1972, THE BOARD OF COUNTY COMMISSIONERS WET.D COUNTY, COLORADO [/ ATTEST: J+ of the Board By'_- t/�L' �.1�.�.�, Deputy County Clerk APPROVED AS TO FORM: 6-t ( • - County Attorney a ; A OFFICIAL r4! _ }�. • SUBDIVISION REGULATIONS I WELD COUNTY, COLORADO 1, I I 0 ADOPTED AUGUST 30, 1972 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO TABLE OF CONTENTS SECTION PAGE ADOPTION RESOLUTION 1 . TITLE , AUTHORITY , JURISDICTION AND PURPOSES 1 2 . DEFINITIONS 5 3 . PROCEDURES FOR SUBMISSION OF SUBDIVISION PLANS 11 4 . SKETCH PLAN 14 1 ' 5 . PRELIMINARY PLAN 16 ' 6 . FINAL PLAT 25 ' 7 . CONFORMANCE WITH EXISTING LAWS 36 8 . DESIGN STANDARDS 37 9 . MINOR SUBDIVISIONS 53 10 . UTILITIES AND IMPROVEMENTS 55 11 . IMPROVEMENTS AGREEMENT SC '-2 . VARIANCES 57 13 . VIOLATIONS AND PENALTIES ca 1� . VALIDITY 59 RESOLUTION WHEREAS , the Weld County Planning Commission by Resolution has recommended to the Board of County Commissioners that Weld County adopt new County Subdivision Regulations ; and WHEREAS , said recommended Subdivision Regulations are attached hereto and made a part of this Resolution by reference and WHEREAS , the Board of County Commissioners approves said Subdivision Regulations in their entirety : NOW , THEREFORE , BE IT RESOLVED , that the new Weld County Subdivision Regulations as shown on the attached exhibit , be an, the same are hereby adopted . BE IT FURTHER RESOLVED , that the old County Subdivision Regulations be of no further legal force and effect on and afte) the date hereof. The above and foregoing Resolution was , on motion duly mad( and seconded , adopted by the following vote on Auou�t 30th , 197 THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY , COLORADO (Signed ) Glenn K . Billings (Signed) Harry S . Ashley 1._ gTed) Marshall A . Anderson ATTEST : (Signed ) Ann Spomer Clerk of the Board By : ISignedi Wilma Adams Deputy County Clerk APPROVED AS TO FORM : (Signed ) Samuel S . Telep County Attorney iii 41.1 a.. ..: t.y„ l - 2 n � r SUBDIVISION REGULATIONS Weld County , Colorado SECTION 1 : TITLE , AUTHORITY , JJRISDICTION , ANP PURPOSES 1 -1 Title and Short Title A Title - A resolution establishing rules , regulations and standards governing the subdivision of land within Weld f County , setting forth the procedure to be followed by the Weld County Planning Commission and County Planner in applying and administering these rules , regulations and standards , and setting forth the penalties for the violation thereof as established by the State of Colorado. B Short Title - These Regulations shall be known and may be cited as "The Weld County Subdivision Regulations of Wednesday , August 30 , 1972 , " 1 -2 Authority , Jurisdiction and Enforcement A Weld County is enabled by law to control the subdivision of all of the unincorporated land within the county limits by virtue of Section 106 of the Colorado Revised Statutes of 1963 , as amended . B Colorado Revised Statutes 106-2-34 (as amended 1972) Subdivision Regulations . ( 1 ) Every county in the state which does not have a county planning commission of July 1 , 1971 , shall create a county planning commission in accordance with the provisions of Section 106-2-2 . Every county planning commission in the state shall dev- lop , propose and recommend subdivision regulations , and the board of county commissioners shall adopt and enforce subdivision regulations for all land within the unincorp- orated areas of the county in accordance with this sec- tion not later than September 1 , 1972 . Before finally adopting any subdivision regulations , the board of county commissioners shall hold a public hearing thereon , and at least thirty days ' notice of the time and place of such hearing shall be given by at least one publication in a newspaper of general circulation in the county. Be- fore adopting any such subdivision regulations , the board of county commissioners may revise , alter , or amend any such subdivision regulations developed , proposed , or re- commended by the county planning commission . In the event the board of county commissioners of any county in the state has not adonted subdivision regulations by September 2 , 1972 , then and in such event , the land use commission may promulgate such subdivision regulations for such areas of the county for which no subdivision regulations exist. Such subdivision regulations shall be in full force and effect , and enforced by the board of county commissioners . If at any time thereafter the board of county commissioners adopts its own subdivision regulations for land within the unincorporated areas of the county , such regulations shall be no less stringent than the regulations promulgated by the Colorado land use commission under this subsection ( 1 ) (C. R. S . 106-2- 34) . All subdivision regulations , and all amendments thereto , adopted by a board of county commissioners shall be transmitted to the Colorado land use commission . C Any person , partnership , or corporation intending to sub- divide land as defined in SECTION 2 of these regulations shall submit plans and plats as required by and speci - fied in these regulations to the office of the Planning Commission , for review and approval , as follows : ( 1 ) Plans and plats of proposed subdivision of land located within the planning jurisdiction shall be submitted to the Planner , the Planning Commission and the Board for review and approval , in accord- ance with the provisions of these regulations , be- fore such plats may be recorded with the Weld County Clerk and Recorder. To ensure uniformity and en- vironmental protection , such plans and plats shall conform to and follow procedures and standards as specified in these regulations . 4.113 / R , r 1.1 1 M (2) It shall be unlawful to file such plats with the County Clerk and Recorder unless a notation has been made on the Plat by the Planning Commission and the Board certifying that the Planning Commission and the Board have approved the plat in accordance with these regulations . (3) The chief administrative officer for processing , re- viewing and evaluating proposed subdivisions of land , and for advising the Planning Commission and the Board concerning their acceptance or denial , shall be the chief Planner , (4 ) The Planner shall have the authority and shall be required to review all preliminary plans and plats before they are submitted to the Planning Commission , and shall advise prospective subdividers and the Planning Commission of all instances in which these Subdivision Regulations appear to be violdted or misinterpreted . well County, Colorado Board of County Commissioners Greeley, Colorado. ( 5 ) The Planner shall have the authority and shall be required to make a written report on submitted pre- liminary plans and plats concerninn the adequacy of streets , other public improvements , lot sizes , etc . , and shall comment upon those items that , in his professional judgment , would improve the land use , `raffic circulation , utility services , and other environmental condi ` ' -n5 for the future inhabitants of the subdivision . :he Planner' s review may in- clude field inspection trips , an evaluation of the proposed subdivision in relation to the Comprehen- sive Plan , and an evaluation of its impact on the environment and all other pertinent data regardinn the subdivision . ( 6) The Planning Commission shall have the authority to require changes in the preliminary plan , which more fully meet the purposes of these subdivision reg- ulations as set forth in Subsection 1 •- 3 below . ( 7 ) In reviewing preliminary plans that have been sub- mitted to it , the Planner and the Planning Commis- sion shall not only insure that the intent and re- quirements of these regulations are followed , but snail also determine the extent to which the goals and policies embodied in the Comprehensive Plan are met . 1 - 3 Statement of Purposes A . To assist orderly , efficient and integrated development. B . To promote the health , safety , and general welfare of the residents . � . To ensure conformance of land subdivision plans with the publi ,. improvement plans uf the County a:;d its various municipalities . D. To ensure coordination of inter-municipal public improve- ment plans and programs . E . To encourage well planned subdivisions by establishing adequate standards for design and improvement . F . To improve land survey monuments and records by estab- lishing standards for surveys and plats . G . To safeguard the interests of the public , the homeowner and the subdivider . H . To secure equitable handling of all subdivision plans by providing uniform procedures and standards . -3- 116 I . To prevent loss and injury from fire in wooded terrain. J. To preserve natural vegetation and cover and promote the natural beauty of the country. K. To prevent and control erosion, sedimentation and other pollution of surface. and subsurface water. L. To prevent flood damage to persons and properties and minimize expenditure for flood relief and flood control projects. M. To restrict building on flood lands , •shorelands , areas covered by poor soils , or in areas poorly suited for building or construction. N. To prevent loss and injury from land slides , mud flows and other geologic hazards . 0. To provide adequate space for future development of schools and parks to serve the population . P. To assure the planning, for and provision of an adequate and safe source of water and means of sewage disposal . 1 -4 Acceptance of Public Lands Approval of a subdivision by the Planning Commission and the Board shall not constitute an acceptance by the County of the roads , streets , alleys , or other public lands for maintenance as indicated for dedication on the plat. The dedication of any of these lands for public use of any nature within the County shall be accepted by the Board only by specific action of the Board . SECTION 2 DEFINITIONS 2-1 Subdivision or Subdivided i._�.iid A. Any parcel of 13nd ir, the stato vich is divided into two or more parcels , separate interests , or interests in common , unless exempted under paragraphs ( 1 ) , (2) , or ( 3) o : this subsection. (2 .1 ) . ( 1 ) The terms "subdivision" and "subdivided land" as defined in paragraph (A) o .' this subsection ( 2- 1 ) shall not apply to any division of land which creates parcels of land each of which comprises thirty-five or more acres of land, now, of which iS intended for use '.),/ mul ple owners . ( 2) Unless the method of dispc :,ition is adopted for the purpose of evading ,:his article , the terms "sub- division" ..nd "subdivided land" , as defined in para- graph ( A) of t'ais subsection (2-1 ) , shall not apply to any divisic., of land : (a ) Which creates parcels of lend , such that the land area of ea0 of the parcels , when divided by the number of interests in any such parcel , results in thirty-rive or � 1re acres per in- terest ; (b ) Which is created by order or any' court in this state or by operation of la,q; (c ) Which is cr :. ;,y a lie; , mortgage , deed of trust or ,, r: s .;,er securi t;,• instrument , ( d ) Which is creates' by a security or unit of in- terest to an..! inves 7nent trust regulated under the laws of thi- ?t^ or any ether interest in en i —Tst7r (e) Which creates cer:: tary looms ; (f) Which cremes an interest or interests in oil , gas , minerals , or rte ter wilier are now or here- after severed fron the .:urf:acp e.'•rnership of real propert:! ; or (g) Which is created by acquisition of any in- terest iii land the name of a husband and wife or other ccrsows in joint tenancy , or as tenants in common and any such interest shill be deemed for purporr:s of this subsection ( 2- 1 ) as only o:e interest. r (3) The Board may , pursuant to rules and regulations or resolution , exempt from this definition of the terms "subdivision" or " subdivided land" , any div- ision of land if the Board determines that such division is not within the purposes of this article. 2-2 Resubdivision The changing of any existido lot or lots cf any subdivi - sion plat previously recorded with the County Clerk and Recorder . 2-3 Subdivider or Developer Any person , firm partnership , joint venture , association or coporation who shall participate as owner , promoter , • developer or sales agent in the planning , platting , dev- elopment , promotion , sale or lease of a subdivision . 2-4 Aquifer A water-bearing layer of sand , gravel or porous rock , 2-5 Board The Board of County Commissioners of Weld County. 2-6 Conservation Standards Guidelines and specifications for soil and water conser- vation practices and management enumerated in the Techni - cal Guide prepared by the USDA Soil Conservation Service , adopted by the County Soil and Water Conservation Dist- rict supervisors , and containing suitable alternatives for the use and treatment of land based upon its canabil - ities from which the land-owner selects that alternative which best meets his needs in developing his soil and water conservation plan . 2-7 Comprehensive Plan A comprehensive plan for the future growth , protection , and development of the County , affording adequate facil - ities for housing , transportation , comfort , convenience , public health , safety and general welfare of its popu- lation . 2-8 Disposition A contract of sale resulting in the transfer of equitable title to an interest in ^ubdivided land ; an option to pur- chase an interest in subdivided land ; a lease or an assignment of an interest in subdivided land ; or any other conveyance of an interest 1n subdivided land which is not made pursuant to one of the foregoing . 2-9 Easement A right to land generally established in a real estate deed or on a recorded plat to permit the use of land by the public , a corporation , or narticular persons for specified uses . 2- 10 Evidence Any map , table , chart , contract , or any other document or testimony prepared or certified by a qualified person to attest to a specific claim or condition , which evi - dence must be relevant and competent and must support the position maintained by the subdivider. 2-11 Flood Plain An area that is anticipated to receive flood .paters in years of certain storm intensity , such as , a fifty year storm or a one hundred year storm. 2- 12 Improvements Agreement One or more security arrangements which may be accepted by the Board to secure the construction of such public improvements as are required by these subdivision reg- ulations within the subdivision and shall include col - lateral , such as , but not limited to , performance or property bonds , private or public escrow agreements , loan commitments , assignments of receivables , liens on property , deposit of certified funds , or other similar surety agreements . 2-13 Lateral Sewer A sewer which discharges into another sewer and has only building sewers tributary to it. 2-14 Lot The unit into which land is divided on a subdivision plat or deed , with the intention of offering such unit for sale , lease or separate use , either as an undevelop- ed or developed site , regardless of how it is conveyed . Lot shall also mean parcel , plat , site or any similar term. 2-15 Multi -Family Dwelling A building providing separate dwelling units for two or more families . 2-16 Municipality Includes an incorporated city or town . 2_-17 National Cooperative Soil purvey The soil survey conducted by the U . S . Department of Agriculture in cooperation with the State Agricultural Experiment Stations and other federal and state agencies . 2_-18 Official Map The Official Map as adopted by the Board . 2-19 Off-Street Parkin Space The space required to park one passenger vehicle which space shall be not less than two hundred (200) square feet in area , exclusive of access drives on private land . 2-20 Planner The chief administrative official employed by the Board as chief planner , Director of Plannino , or similar position . 2-21 Planning Commission The Weld County Planning Commission . 2-22 Permanent Monument Any structure permanently placed on or in the ground , in- cludi n those expressly placed for surve.Og reference . 2-23 P? an , Sketch A nap of a proposed subdivision , drawn and submitted in accordance with the requirements of adopted regulations , to evaluate feasibility and design characteristics at an early state in the planning . 2-24 Plan ,_ Preliminary. The map or maps of a proposed subdivision and specified supporting materials , drawn and submitted in accordance with the requirements of adopted regulations , to permit the evaluation of the proposal prior to detailed engin- eering and design . -ti li 2-25 Plat , Final "Plat" means a map and supporting materials of certain described land prepared in accordance with subdivision regulations as an instrument for recording of real estate interests with the County Clerk and Recorder . s 2-26 Planned Unit Development ( PUD) An area of land improved a a resiential , commercial , or industrial development or a combination thereof in which normal restrictions of lot sites , setbacks , den- sities , land uses , and other criteria may be relaxed in return for development conformance to an approved plan for the total parcel . 2-21 Reverse Frontage Lots Lots which front on one public street and back on another . 2-28 Right-of-Way_ That portion of land dedicated to public use for street and/or utility purposes . A . Control of Access - The condition where the right of owners or occupants of abutting land or other persons to access , light , air or view in connection with a highway is fully or partially controlled by public authority . B . Full control of Access - The authority to control access is exercised to give preference to through traffic by providing access connections with selected public roads only and by prohibiting crossings at grade or direct pri - vate driveway connections . C . Partial control of Access - The authority to control access is exercised to give preference to through traffic to a agree that , in addition to access c �nnectionc with selected public roads , t . e may be some crossings at grade and some private driveway connections . Access to county roads shall be completely checked in the early stages of the planning process . The Board of County Commissioners through their Planning Commission and Engin- eering Department , has control of ail access onto any ex- isting or proposed county roads . Access may be denied on any county road due to terrain features , traffic hazards or any other reason which , in the opinion of the board may constitute a threat to the traveling public . 2-29 Roadway That portion of the street right-of-way designed for vehicular traffic . 2-30 Street A . Any street , avenge , boulevard , road , lane , parkway , via- duct , alley , or other ti•;ay for the movement of vehicular traffic which is an .existing state , county or municipal roadway , or a street or way shown upon a pia } , hereto- fore approved , pursuant o leer or approved by official action ; and includes the land between street lines , whether improved or unimproved , and .may comprise pave- ment , shoulders , guttors , sidewalks , parking areas and other areas within the rigt-of-way . For the purpose of this Resolution streets shall be classified as defined in subsection ( 1 ) through (9 ) : ( 1 ) Freeway . A major regional highway , including inter- ` state highways , designed to carry very large volumes of vehicular traffic , with full control of access and all intersections grade separated . (An express - way is similar to a freeway except that all inter— sections need not be grade separated . ) (2) Arterial Street . A street or road designed to carry high volumes of vehicular traffic over long distances in a direct manner . (3 ) Collector Street . A street or road designed to col - lect or distrilute vehicular traffic from one or more residential or non-residential areas to or from a Major Street or Major Highway . (4 ) Local Street . A street or road designed to carry veh cular traffic from one or more individual resi - dential or nor-residential unit to or from a Col - lector Street . 1 —J►�a'LLJwi ii— - . (5) Alley . A minor way which is used primarily for ve- hicular service access to the rear or side of prop- erties otherwise abutting on a street. f (6) Cul -de-sac . A shor 'tad-erd street terminating in a vehicular turn-around area . (7 ) Half Street . A street paralle'i and contiguous to a property line and of lesser right-of-way width than is required for minor or major streets . (8) Service Road . A street or road paralleling and abut- ting major streets to provide access to adjacent property so that each adjacent lot will not have dir- ect access to the major street. (9 ) Stub Street . A street or road extending from within a subdivision boundary and terminating there with no permanent vehicular turn around . Stub streets are provided to permit adjacent undeveloped parcels of land to be developed later with an adjacent connect- in tee SECTION 3 PROCEDURES FOR SUBMISSION OF SUBDIVISION PLANS 3-1 Summary of procedures for Subdivisions The following submission procedures shall apply : A. Sketch Plan Subdividers shall submit a Sketch Plan to the Planning Department prior to the submission of a Preliminary Plan. Said Plan will enable the subdivider and the Planner t0 render an informal preliminary review of the proposed subdivision for general scope and conditions which might affect the plan . Said plans should include the elements listed in SECTION 4-1 . This procedure shall not require formal application , fee , or filing of plans with the Planning Commission . At the time of Sketch Plan submission , the subdivider will be provided materials and information relating to procedures for Subdivision Application including Prelim- inary Plan requirements , required public improvements , design standards and subdivision improvement agreements . The subdivider will also be advised of the particular requirements for determining and evaluating the suita- bility of proposed sewer, water and drainage systems . In the case of on-lot sewer or water facilities , forms will be provided which are to be completed by a pro- fessional engineer , licensed in the State of Colorado , for submission with the Preliminary Plan . B . Preliminary Plan Subdividers shall submit required Preliminary Plan mat- erials and supporting documents of a proposed subdivi - sion to the Planning Commission offices for approval prior to the submission of a Final Plat. Submission requirements and time required for review and notifi - cation are included in SECTION 5 . Approval of the Preliminary Plan shall be effective for twelve (12) months after the approval date . Thereafter , approval of the Preliminary Plan will have expired unless a Final Plat has been submitted to the Planning Commis- sion within that twelve ( 12) months , or a mutually agreed upon extension has been granted by the Planning Commission . Whenever a Final Plat is approved for less than the entire area covered by the Preliminary Plan , approval of the Preliminary Plan for the remaining un- platted area shall be extended for an additional twelve ( 12 ) months . -11 - C . Final Plat The Final Plat submission shall conform to the approved Preliminary Plan and the requirements contained in these regulations . The Planner shall record the Final Plat as provided in SECTION 6-3-E . D. ConfGrmity to these Regulations Sketch Plans , Preliminary Plans and Final Plats shall conform to the requirements and specifications of these regulations and shall be submitted in the manner prescrib- ed . E. Planning Commission Action Failure by the Planning Commission to act by recommend- ing to the Board approval , conditional approval , or dis- approval of a Preliminary Plan or a Final Plat within sixty (60) days of the review date of such plan or plat , or another mutually agreed upon period of time , shall be deemed a favorable approval by the Planning Commission , and the subdivider may, request a hearing by the Board . F . County Commissioners Action After review of the Final Plat by the Planning Commis - sian , the Board shall hold �� hearing as provided in SECTION 6-3-C. G. Acceptance of Street and Other Public Land Dedication Acceptance of dedication of proposed public lands or streets or streets rights-of-way , in an approved plait , can be made only by the Board . Plat approval cannot be deemed as acceptance of dedicated streets for mainten- ance . 2-2 Summary of Procedures for Minor Subdivisions A. A_p_ulication for Oesinnation as Minor Subdivision The owner or agent of the owner of a tract or parcel on land proposed to be used for residential purposes and which is proposed to be divided into two ( 2 ) building s i ;.cs , tracts or lots may apply to the Planning Comi s- sion for desk!nation as a minor Subdivision as provided in SECTION 9. • 3-3 Industrial and Commercial Subdivisions The circulation and lot layout of , and to be used for , industrial or commercial purposes shall follow the pre- scribed procedures for submission and review of Prelim- inary Plans and Final Plats . -4 PUD Subdivisions Approval of a Planned Unit Development may be given upon evidence of the provisions of open spaces , public facil - ities , access , planning esthetics , and other considera- tions deemed important by the Planning Commission and the Board . 3-b Mobile Horse Parks Each mobile home park application shall be submitted as a Planned Unit Development . and shall comply with SECTION 12-B • SECTION 4 SKETCH PLAN 4-1 Procedures and Requirements for Submission Subdividers shall submit a Sketch Plan to the Planning Department for review and discussion of site plan and general scope and conditions , A. The Plan shall include the following items (submit 3 copies ) : (1 ) A map showing the general location of the subdivi - sion and its property boundaries . The map shall indicate clearly the relationship of the proposed subdivision to the surrounding area within one- half mile of the subdivision ' s boundaries or greater distance if required by Planner . It shall show existing development including : major streets ; existing public sewers , public water supply , and storm drainage systems ; trees , natural vegetation and scenic areas ; major land use concentration ; principal places of employment ; and community fac- ilities such as schools , parks and fire stations . The location map shall include a title , scale , north arrow and date . (Scale not less than 1 " = 600 ' ) . (2) A sketch plan of the subdivision, which may be a free hand drawing at suitable scale in a legible medium. The plan shall clearly show the following : topographic contours (from U . S . G . S . maps ) ; the proposed layout of streets and lots in relation to topographic conditions and natural features such as streams , lakes and vegetation on the site indicating general dimensions of lOtS ; the proposed location and extent of major open spaces and public sites ; general locations of utility easements and installa- tions ; proposed land uses ; and , it construction of buildings is propose ' , indication of building types , with approximate location of major buildings exclu- sive of single family residential dwellings . (3 ) Type of water system proposed ; also documentation of water rights and of historic water USP , if ap- plicable . (4 ) Type of sewer system proposed . (5 ) General description of the storm drainage system proposed . (6 ) The acreage of the entire tract . (7) If requested by the Planner , the following items : (a ) A map showing soil types and their boundaries , as shown on soil Survey Maps prepared by the U. S . Department of Agriculture , Soil Conser- vation Service , and also a table of interpre- tations for t oil types shown on the soil map prepared by the Soil Conservation Service . (b ) Reports concerning geologic characteristics of the area , both natural and man-made , signifi - cantly affecting the land use and determining the impact of such characteristics on the pro- posed subdivision . (c ) In areas of potential radiation hazard to the proposed future land use , these potential radi - ation hazards shall be evaluated . B . Variations from the scale requirement of the sketch plan (1 " = 200' ) will be acceptable in the case of large sub- divisions provided the plans and design are clearly leg- ible . The plan generally shall include north points , name of the subdivision , name of the county , U. S . G . S . township , range , sections , and quarter section. In the case of large subdivisions requiring more than two sheets at such a scale , a total area plan showing the total area on a single sheet at an appropriate scale shall also be submitted . C. Review Procedures Sketch Plans shall be reviewed by the Planner, in informal conference with the subdivider, The conference is intend- ed to be for the mutual exchange of information and devel - opment concepts . A prig— ry concern shall be the degree to which the proposed subdivision meets the subdivision regulations of the county and county Comprehensive Plan, The Planner may take up to thirty (30) days for his review of the Sketch Plan . SECTION 5 PRELIMINARY PLAN 5-1 Submission Requirements Copies of all required material shall be officially sub- mitted to the Planning Department and Planning Commis- sion offices by the subdivider (or his authorized rep- .resentative) . A preliminary plan filing fee shall ac- company the submit:.al in �: cordance with the fee schedule as adopted by resolution of the Board , A. Plan Requirements ( 1 ) One copy of an Application for Approval of a Pre- liminary Plan and all required supporting documents . (2 ) An adequate number of black on white or blue on white prints of each sheet of the Preliminary Plan to provide the Planning Commission and other agencies sufficient copies for their review, (3) A receipt shall be issued to the subdivider for the Preliminary Plan submission when it has been deter- mined that the submission includes all the require- ments set forth in these regulations . The date of the Planning Commission meeting to review the plans shall be specified on the receipt , B . Drawing Requirements The Preliminary Plan may be drawn with scaled dimensions and need not be an engineering drawing with calculations or dimensions and survey closures . A workman-like execu- tion of the plan shall be made in every detail . A poorly drawn or illegible plan is sufficient cause for its re- jection , The following data shall hc, submitted as part of the Preliminary Plan submission : (1 ) A Vicinity Map , at a one inch to 600 foot scale , showing perimeter outline of the proposed subdivi - sion , accesses , abutting subdivision outlines and names , zoning districts , taxing districts , and other special districts , and other relevant information within a one-half (1 /2) mile distance of the peri - meter of the proposed subdivision . (2 ) Outer boundary lines of the proposed subdivision . ( 3) The preliminary :Aar shall be drawn to z scale less than one inch ( 1 " ) equals one hundred ( 100) feet (unless a variation from n is scale is allowed by the Planner due to the size and nature of the proposed development ) , and shall indicate the basis of bearings ; true north point ; name of the subdivi - sion ; townshin , range , section and quarter section ; block and lot number (of the p-operty under consid- E .-ation ) , (4 ) The preliminary plan shall contain existing contour; at two (2) foot intervals for predominant ground slopes within the tract between level and five per- cent ( 5% ) grade and five foot ( 5 ' ) contours for pre- dominant ground slopes within the tract over five percent ( 5% ) grade . Elevations shall be based on National Geodetic Survey sea level data . In cases of predominantly level topography throughout a sub- division , one foot ( 1 ' ) interval contours may be required . (5 ) Total acreage of entire proposed subdivision . • (6) Lot and street layout , including proposed future street layout in dashed line for any portion or parcel of adjacent land not being subdivided now. (7) Existing street names . (8) Dimensions of all lots to nearest foot which may be scaled values . (9) Lot and blocks numbered consecutively. (10) Location, site and use of all existinnd public and private easements, g a Proposed (11 ) Existing and proposed water mains , fire hydrants , sewers utility mains (Qlectric , gas , telephone) or other underground structures within the subdivision and at least 100 feet immediately adjacent to bound- ary streets . (12) Area of each lot in square feet if lot size is less than one acre and in acres otherwise. ( 13) Water courses and proposed storm water drainage systems including culverts , water areas , streams , areas subject to occasional flooding and high ground water , marshy areas and swamps . (Note : detail de- sign of drainage structures not required for pre- liminary plan . ) ( 14) The approximate boundaries of areas subject to in- undation or storm Water overflows of an intensity estimated to occur with a return frequency of once every 50 years and once every 10 years . ( 15) Existing buildings , other easements , telephone lines , gas lines , power lines , and other features located on the subdivision and within two hundred ( 200) feet of its boundaries . (16) Location and ownership of irrigation ditches and other structures appurtenant to irrigation systems . (17) Abutting property lines and the respective owners ' names . ( 18) General location in the subdivision area of trees over six (6 ) inches in diameter , measured at six (6 ) feet above ground . In cases of heavily wooded areas , indicate the outline of wooded area and loc- ation of trees which are to remain . It is the in- tent of this requirement to determine the approxi - mate location of trees for design evaluation rather than to require unnecessary surveying of exact tree location . (19) Proposed sites to be reserved or dedicated for parks , playgrounds , schools , or other public uses . (20 ) Proposed sites , if any , for multi -family dwellings , shopping centers , c^Mmunity facilities , industry , or other uses , exclusive of single family dwellings . ( 21 ) Location , function , ownership and manner of main- tenance of common open space reserved or dedicated for the use and benefit of the owners and future owners of the proposed subdivision . (22 ) The substance of all other covenants , grants of easements or restrictions to be imposed upon the use of land , buildings , and structures . - 18- ( 23) An affidavit that the applicant is the owner , equit- able owner or authorized by the owner , in writing , to make application for the land proposed to be subdivided . 5-2 Supporting Documents Required The Following material shall accompany the Preliminary Plan and be considered part of the submission : A . Three copies of the Sewage Disposal Report as required by the Planning Commission , B . Geologic maps and investigation reports regarding area suitability for the proposed development . Soil type maps and tables of soil type interpretations prepared as part of the Sketch Plan submission , based on the National Cooperative Soils :purvey , U. S . Depart- ment of Agriculture , Soil Conservation Service , provid- ed by the Soil Conservation District . 0 . A letter from each special district , municipality or utility company involved , addressed to the Planning Com- mission , stating that specific services and/or utilities are avilable and they have reviewed the plan and are setting forth their comments concerning the extent of services and the design of utility easements . E . Summary Statement of Application ( 1 ) Total development area . (2 ) Total number of proposed dwelling units . ( 3) Total number of square feet of nonresidential floor space. (4 ) Total number of off street- narking spaces , exclud- ing those associated with a single_family resident- ia1 development . ( 5 ) Estimated total number of gallons per day of water system requirements where a distribution system is proposed . (6 ) Estimated total number of gallons per day of sewage to be treated where a central sewage treatment fac- ility is proposed and the estimated composition of the sewage in terms of average pounds of BOD per day that will require treatment . ( 7 ) Estimated construction cost and proposed method of financing of the streets and related facilities , water distribution system , sewage collection system, storm drainage facilities , and such other utilities as may be necessary . (8 ) List of all special districts involved . F . !dater resource report as required by the State Engineer. 5-- 3 Review Procedures - Preliminary Plan A . When a Preliminary Plan has been officially accepted at the offices of the Planning Department and Planning Com- mission , it shall be placed on the agenda of the Planning Commission meeting for subdivision review within sixty (60) days . F . The Planner , as the authorized representative of the Board , shall upon complete preliminary plan, submission distribute copies of prints of the plan provided by the subdivider as follows : ( 1 ) To the appropriate school districts ; (2 ) To each county or minicipality within a three-mile radius of any portion of the proposed subdivision ; (3) To any utility , local improvement and service dis - trict , or ditch company , when applicable ; (4 ) To the Colorado State Forest Service , when appli - cable ; (5 ) To the appropriate planning commission ; (6) To the local ,soil conservation district board or boards within the county for explicit review and recommendations regarding soil suitability and flooding problems . Such referral shall be made even though all or part of a proposed subdivision ..is not located within the boundaries o.f a conser- vation district; (7) When applicable , to the county , district , regional , or State Department of Health , for their review of the on-lot sewage disposal reports , for review of the adequacy of existing or proposed sewage treat- ment works to handle the estimated effluent , and for a report on the water quality of the proposed water supply to serve the subdivision ; (8) When applicable , to the State Engineer for an opin- ion regarding material injury t0 decreed water rights , hi tori c USe of and estimated water yield to supply the proposed development , <<nd conditions associated with said water supply evidence . the State Engineer shall consider the cumulative effect of on- lot wells on water rights and existing wells ; (9 ) To the Colo . du G� ,, , ,, gicai Survey fur do evaluation of those geologic `actors which would have a s n ni - ficant impact on the proposed qse of the land . C . The agencies named in this section shall make recommend- ations within twenty-four days after the mailing by the county or its authorized representatives of such plans unless a necessary extension of not more than thirty days has been consented to by the subdivider and the Board . The failure 3f any agency to respond within twenty-four days or within the period of an extension may for the purpose of the hearing on the plan be deem- ed an approval of sJch plan , except that where such plan involves twenty or more dwelling units , a school district may be required to submit within said time limit spe- cific recommendations with respect to the adequacy of school sites . D. Notice shall be published once in a local newspaper piper of general circulation in the area here the land is locat- ed at least seven ( 7 ) days � i p'r'ior to Planning Commission review, Adjoining property owners shall be given not less than twenty ( 20 ) days notice by mail . The copy of the Preliminary Plan, filed with the Planning Department shall be available for public viewing . Anyone may submit writ- ten statements recommending approval or denial of the Pre- liminary Plan , stating the reasons therefore , to the Plannina Commission on or before the date for Planning Commission review. E . Utilities Review Advisory Committee A Utilities Review Advisory Committ e consisting of an Engineer of the local division of the Colorado Highway Department ; the County Engineer aid such other represent- atives of utility agencies Is appointed by the Board . The Utilities Review Advis ry Ce �mittee shall meet as often as required but not lest than once ,.ach month to Review and make recommendations concerning any prelim- inary plans and final plats pending before the Planning Commission . -?_1 - The Utilities Review Advisory Committee shall meet at the call of the Planner and shall submit its findings to the Planner , F . Planner The Planner shall ensure the completeness of the Prelim- inary Plan submission and shall insure its conformance with the Comprehensive Plan and good subdivision design practices . The Planner shall make a report of his review of the Preliminary Plan to the Planning Commission . 5-4 Approval or Disapproval - Preliminary Plan A. A Preliminary Plan shall be approved by the Planning Com- mission unless it finds that the Preliminary Plan fails to meet the requirements specified herein or that the proposed preliminary plan is detrimental to the public health , safety , or general welfare as set forth in this Section as follows : ( 1 ) Health , Safety , and Welfare Before approving the Preliminary Plan , the Planning Commission shall determine that the subdivision : (a ) Will be served by a public water system or , if less than ten lots , will have sufficient well water available per lot , both physically and legally , for the forseeable needs of the sub- division or development , and will not cause an unreasonable depreciation of an existing water supply as evaluated by the State Engineer . Evidence regarding water supply : quality , Quan- tity, and dependability. Evidence may include: evidence of ownership or right of acnuisition of or use of existing and proposed rater rights ; historic use and estimated yield of claimed water rights ; am2nability of ex� sting rights to a change in use ; evidence tat pblic or Private water owners can and will supply water to the proposed subdivision stating the amount of water available for use lAthin the subdivision and the feasibility of extending service to that area ; evidence concerning the potability of the proposed water supply for the subdivision . ( b) Will by served a public sanitation system or on- lot sewage disposal system that wi l l not re- sult in grater pollution . In making this latter determination , the Planning Commission shall consider : the Lmount of rainfall received by the area ; the relation of the land to flood plains ; the nature of soils and subsoils and p,usal ; the s , ope the land ae ce effect of effluents ; the presence of streams as related to effluent disposal ; the applicable health and water resources department regulations . (c ) Will not cause unreasonable soil erosion or reduction in the capacity of the land to hold water so that a dangerous or unhealthy con- dition may result . (d ) Will not cause Air pollution based on state health department standards . In makina this determination they shall consider the eleva- tion of Tand above sea level ; land topography; prevailing winds or the absence thereof ; loc- al and regional airsheds ; increase in sources or quantity of emission , as well as ouality of such , and such other items as are deemed pert- inent. (e ) Will not cause unreasonable highway congest- ion or unsafe conditions with respect to use of the highways existing or proposed ; will not cause unreasonable burden on the ability of a school district to provide educational services ; will not place an unreasonable burd- en on the ability of the local governments to provide .grater , sewage , fire , police , hospital , solid waste disposal and other services . (f) Will not have an undue adverse effect on the scenic or natural beauty of the area , aesthet- ics , historic sites or rare and irreplaceable natural areas ; will not have an undue adverse effect on wildlife and their habitat , and on the preservation of agricultural land . B . Data and Investigations The Planning Commission mz.y conduct such investigations , examinations , test and st ,u evaluations as they deem necessary to verify information contained in the appli - cation . An applicant shall grant the Planning Commission , or their agents , permission to enter upon his land for these purposes . c . Recommendation The Planning Commission shall issue its recommendation as to Preliminary Plan approval or disapproval within twenty-one (21 ) days of the review day . D . Burden of Proof The burden of proof 7. haIl he on the subdivider to show the reasonableness of his plan , the lack of adverse effect , and compliance with the elements of the public health , safety , and general welfare as set forth in SECTION 5-4-A. L . Plan Disapproval and Reapplication A rec^mmendation for disapproval of a plan shall contain in writing the specific Nnasons for disaonrovai . A sub- divider may , within six (6 ) months , resubmit his plan application which shall include an affidavit to the Plan- ning Commission that the deficiencies in the previous application have been corrected without paying addition- al fees . A review shall be held within forty (40 ) days of acceptance of the re-application , and upon 25 days notice to the protesting parties . Any reapplication after six (6 ) months will require a new fee . F . Appeal Any person aggrieved by the Planning Commission recom- mendation for disapproval of a Preliminary Plan may with- in thirty (30 ) days after such action file a petition for review with the Board . The petition shall be submitted to both the Board and the Planning Department statino reasons and facts supporting the appeal repuast . Upon receipt of such petition the Board shall conduct a review to determine whether or not the recommendation of the Planning Commission shall be upheld . If the Planning Commission recommendation for disapproval is reversed , the Board shall authorize the subdivider to proceed with his Final Plat , and the Board may specify such terms , conditions or modifications as are appropriate . L - 24- • SECTION 6 FINAL PLAT 6-1 Submission Requirements Copies of all required material shall be officially sub- mitted to the Planning Department by the subdivider (or his authorized representative) . No Final Plat shall be approved by the Board until the subdivider has complied with the requi rei...nts a..,. ,ubloi Lted the supporting docu- mentS as provided herein. Final Plats shall be submitted for approval within twelve (12) months of the date a Pre- liminary Plan has been approved by the Planning Commis- sion . No Final Plat submission shall be accepted which has exceeded this time lapse period unless an extension of time has been granted . An extension of time may be granted by the Planning Commission upon written request of the subdivider. Any plat submitted for which Prelim- inary Plan approval has been given in excess of twelve ( 12) months previous and for which no time extension has been granted shall be considered as a new Preliminary Plan . The Final Plat shall conform to the approved Pre- liminary Plan and shall also contain the requirements of this Section . A . Plat Requirements ( 1 ) The Final Plat submission shall conform all major respects to the Preliminary Plan as previously re- viewed and approved by the Planning Commission and Shall incorporate ull modifications required in its review. bite Coard , however , may approve a Final Plat which has been modified o reflect improvements in design or changes which have occurred in its nat- ural surroundings and environment since the time of the Preliminary Plan review and approval . (2) A Final Plat may be submitted in sections covering representative rna --,enr,h' ^ port' 'ns as defined by the Planning Commission of the subdivision tract . A minimum of forty acres or the total ownership is recommended, alt"rough a lesser acreage may be appr v- . ed . In such cases submi :.tion shall include a map , indicating the sections designated for the entire tract , and each sL et numbered accordingly Jnd in- clude title , legend , matchlines end other appropr� - ate information, (3) One ( 1 ) copy of application fore; for review of 1 Final Plat and all required supporting documents required in Section E-2 . (4 ) A required number of black on white or blue on whit prints of the Final Plat . (5) A Final Plat fee as established in a resolution by the Board must accompany the Final Plat submission . (6 ) A receipt shall be issued to the subdividnr (or his authorized representative) for the Final Plat sub- mission when it h peen determined that the sub- mission includes all the requirements set forth in these regulations . B . Drawing Requirements The Final Plat drawing shall comply with the following standards : ( 1 ) The plat shall be prepared and certification made as to its accuracy by a registered land surveyor licensed to do such work by the State of Colorado . A workman-like execution of the plat shall be made in every detail . A poorly drawn or illegible plat is sufficient cause for its rejection . (2 ) The plat shall be delineates' in drawing ink on water--proof tracing cloth or mylar or other draft- ing media approved by the Planner, at a scale of 1 inch = 100 feet , in the following size : twenty-four (24) inches high by thirty- six (36) inches vide (3) The bearings , distances and curve data of all per- imeter boundary lines shall be indicated outside the boundary line , not inside , with the lot dimen- sions . When the plat is bounded by an irregular shore line or a body of water, the bearings and distances of a cloeing meander traverse should be given and a notation made that the plat includes all land to the water' s edge or otherwise. (4) . If a plat is revised , a copy of the old plat shall be provided for comparison purposes . ( 5 ) All blocks , and all lots within each block , shall be consecutively numbered . (b ) On curved boundaries and all curves on the plat , sufficient data shall be given to enable the re- establishment of the curves on the ground . This curve data shall include the following for circular curves : (a ) radius of curve ( h ) central angle (c ) tangent (d ) arc length (e ) notation of non-tangent curves ( 7 ) Excepted parcels shall be marked "Not included in this subdivision" and the boundary completely in- dicated by bearings and distances . (8 ) All streets , walkways and alleys shall be designat- ed as such and streets shall be named ; bearings and dimensions must be given . ( 9 ) All easements shall be designated as such .and bear- ings and dimensions given . ( 10 ) All lands within the boundaries of the plat shall be accounted for either ,as lots ; walkways ; streets ; alleys ; public areas such as sch001 sites , parks , Or common areas ; or eYcepted parcels . ( 11 ) All dimensions of irregularly shaped lots shall be indicated in each lot . ( 12 ) Bearings and lengths shall be given for all lot lines , except that bearings and lengths need not be given for interior lot lines where the bearings and lengths are the same as those of both end lot lines . ( 13) Parcels not contiguous shall not be included in one plat , nor shall more than one plat be made on the same sheet . Contiguous parcels owned by different parties may be embraced in one plat , provided that all owners join in the dedication and acknowledge- ment . ( 14 ) Lengths shall be shown to hundredths of a foot , and angles and bearings shall he shown to seconds of arc . ( 15 ) The information on the nlat shall include : (a ) Name of subdivision , astronomic north arrow and basis thereof, and date . -27- (b) Name and address of owner or owners of record . (c ) Total acreage of subdivision and total number of lots . (d) Section (and Quarter Section if portion of a Section) , Township , Range , and principal mer- idian . (e) Graphic scale (f) Any additional information required by CRS 136-2-2. C . Monuments (1 ) Permanent reference monuments shall be set on the external boundary of the subdivision , pursuant to CRS 136-2-1 ( 2) Block and lot monuments shall be set pursuant to CRS 136-2-1 . (3) At least one second order benchmark (Geodetic Sur- vey Datum) shall be set (where practical to tie in within every subdivision or subsequent filing prior to submission of the Final Plat for approval . (4) Detail requirements on monument construction , mark- ing , and setting as provided by Resolution of the Board. D. Survey Certification The surveyor making a plat shall certify on the plat that it conforms to these regulations and to all applicable sttP laws and that the monuments described in it have been placed as describe' . He shall affi - his name and seal . 6-2 Supporting Documents Submitted with the Final Plat drawing and considered a part of the Final Plat submission shall be the follow- ing documents : A. Drawings showing layout , profile , computations lnd detai design of the following ( 1 ) All utility easements , for water , sewer , e lect ric , gas , telephone , etc . a pplicable . ( 2 ) The required number o'' plans , profile and typical cross section drawings of streets , bridges , cul - verts , and other drainage structures . ( 3 ) Grading and drainage plan indicated by solid line contours superimposed on dashed ; ine contours of existing topography for the area of the Final Plat . such contours shall 5e at two (2 ) frot intervals for predomin it grc ' slopes withir the tract be- tween level and five percent ( 5%) grade and five ( 5 ) foot contours for predonom-inant ground slopes with- in the tract over five percent (5 ) grade . In case of predominantly level topography throughout a sub- division , one foot contour , ntervals ray be required . (4) Erosion control plan when required , to be submitted as a result of Preliminary Plan review. ( 5 ) The required number of copies of pavement design computations and drainage design computations . These drawings and computations shall be prepared by either a registered profession,il engineer or registered land surveyor , as required by the laws of the State of Colorado , who is licensed to do such work in the State of Colorado , and shall be in conformance with the Engineering Criteria as provided by Resolution of the Board . The above engineering material shall be submitted by the Planner to the County Engineer for adequate- ly checking the engineering data at least ten ( 10 ) working days prior to the Final Plat being con- sidered by the Planning Commission . B. A copy of a certificate of title issued by a title in- surance company or an attorney' s opinion of the title which shall set forth the names of all owners of property included in the Final Plan and shall include a list of all mortgages , judgments , liens , easements , contracts and agreements of record in Weld County , which shall af- fect the property covered by such plats . If the attorney' s opinion or certificate of title discloses any of the above then at the option of the Board , the holders or owners of such mortgages , judgments , liens , easements , contracts , or agreements shall be required to join in and approve the ap- lication before the plat shall be acted upon by the Board . C. Where a portion of an existing easement is contiguous to a proposed easement or right-of-way of a new subdivision , proof of the dedication of the existing easement or right- of-way acceptable to the Planning Commission must be sub- mitted. D. Where the subdivider is to dedicate land for schools , roads , parks , or other public purposes , a letter Of intent from the appropriate public agencies stating that it will accept the lands to be dedicated . E . A copy of a contract , or some tangible guarantee , pro- viding for public water supply when water is to be furnished by a public wa �er supply agency. F. Where off-site sewage disposal is required , a copy of a contract , or some tangible guarantee , providing for the furnishing of adequate sewage treatment by a public sewage treatment agency. G. When a new street will intersect with a state highway , a copy of the state highway permit. H. Statements from gas , electric , telephone and other nec- essary utilities .that service will be provided to the subdivision . I . Wherever applicable , a copy of agreements signed by agricultural irrigation ditch companies specifying the agreed upon treatment of the ditch including fencing as provided in Section 8-12 . J . Guarantee of public Improvements No Final Plat shall be approved until the subdivider has submitted and the Board has approved a Subdivision Im- provement Agreement as provided in Section 11 . K. Summary Statement of Proposal with the following informa- tion : ( 1 ) Total development area . ( 2) Total number of proposed dwelling units . ( 3) Total number of square feet of non-residential floor space. (4 ) Total number of off-street parking spaces , exclud- ing those associated with single family resident- ial development. ( 5 ) Estimated total number of gallons per day of water system requirements where a distribution system is proposed . (6 ) Estimated total number of gallons per day and the estimated pounds per day of BCD content of sewage to be treated where a central sewage treatment fac- iliy is propos d , or isposal means and suitability where no central sewage treatment facility is proposed . -30- (1) Estimated construction cost and proposed method of financing of the streets and related facilities , water distribution system , sewage collection system, flood plain protection , storm drainage facilities , and such other facilities as may be necessary. If improvements are not to be completed prior to approv- al of the Final Plat , the cost estimates included in this statement shall be identical to those included in the improvement :greement . L . Copies of deed restriction , including those required by the Board to govern the future use of each lot and any common land . M. Monument record for required benchmark , and closure sheets for the entire tract included in the plat and for each block in said tract. N. Certifications on the Final Plat The Final Plat shall contain the following certificates : ( 1 ) Certificate of Dedication , Ownership and Maintenance : Know all men by these presents that being the Owner(s ) , Mortgagee or lienholder of cer- tain lands in Weld County , Colorado , described as follows : Beginning etc . Containing acres more or less ; have by these presents laid out , platted and subdivided the same into lots and blocks , as shown on this plat, under the name and style of and do hereby dedicate to the public all ways and other public rights-of-way and easements for purposes shown hereon . It is understood and agreed to by the owner that the dedicated roadways shown on this plat will not be maintained by the County until and unless the owner or his assigns con- structs the streets in accordance with the subdivision regulations in effect at the date of the recording of this plat. Executed this day of A. D . 19 Mortgagees or Lienholder S . S. County of Weld The foregoing dedication was acknowledged before me this day of A. D . 19 My commission expires Notary Public Witness My Hand and Seal ( 2) Surveying Certificate I > A Registered Professional Land Surveyor in the State of Colorado do hereby certify that the survey represented by this plat was made under my supervision and the monuments shown thereon actually exist and this plat ac- curately represents said survey. by Registered Land Surveyor (3 ) Planning Commission Certificate This plat approved by the Weld County Planning Com- mission this day of A . D . 19 by Chairman (4) Certificate of Approval by the County Commissioners Approved by the Board of County Commissioners of ',field County , State of Colorado . Witness my hand and the corporate seal of Meld County this day of A . D. 19 Attest : -- -- Chairman (5) Recorders Certificate i' This plat. was filed for record in the office of the County Clerk and Recorder of Weld County at M. on the day of A. D. 19_ in book , page ,, map , reception . County Clerk and Recorder by • Deputy 0 . Accessory Documents ; � 1 ) A ti tl c r t4 f i ca to or 3n `?s trlct of t i tl e covar- ing all public dedicatiuns . ( 2 ) Certificate from the County Treasurer showing no delinquent taxes . (3) A Warranty Deed which deeds to Weld County all lands other than streets which are all to be held for or used for public purposes . (4 ) Certificate from a qualified engineer responsible for the deFign of the utilities . 6-3 Review Procedures - Final Plat A. When a Final Plat has been received it shall be acted upon by the Planning Commission at a meeting scheduled for subdivision review , within sixty ( 60) days or an- other mutually agreed upon period of time . B . County Planning Commission Review ( 1 ) The Planning Commission shall review the Final Plat at a regularly scheduled public meeting . The Plan- ning Commission may require or recommend changes or modifications to the Final Plat in the public in- terest . If the Final Plat and all supplementary data comply with the applicable requirements of these regulations , the Planning Commission shall endorse on the plat in the space provided . ( 2) Within ten ( 10) days after review of the Final Plat at the public meeting , the Planning Commission shall send written notification of its Review to the Board . Required and recommended modifications to the Final Plat , if any , shall be noted on three ( 3 ) prints of the plat ; one ropy to be transmitted to the Board , one copy to be retained in the Planning Commission files , and one copy to be transmitted to the subdi - vider. ( 3) The only basis fo . ejection of a Final Plat shall be its non-conformance to adopted rules , regulations and resolutions currently in force and affecting the land and its development in the county , its lack of conformance with approved Preliminary Plan , and changes required in the public interest . C . Board Hearing The Board shall hold a hearing on the Final Plat within forty-five ( 45 ) days of receipt of transmittal from the Planning Commission at a regularly scheduled public board meeting . The Board shall also consider the modi - fications recommended by the Planning Commission . If the - 33- weld County, C"Ir &lord of County i, Board determines that the Final Plat submission and the recommended modifications complies with the applicable requirements of these regulations , they shall endorse on the Plat in the space provided . D. The subdivider shall provide the Planner with an adequate number of the approved plats or prints marked for modi - fication, together with the official notification of the act on to be distributed by the Planner as follows : ( 1 ) One copy to Planning Commission files ( 2) One copy to Board files (3) One copy to Subdivider (4) One copy to Engineer and/or Surveyor of the subdi - vision (5) One copy to Colorado Land Use Commission together with supporting materials submitted pursuant to Section 6-2 (6) One copy each to Utility Companies serving the Sub- division . E. Recording Final Plat ( 1 ) The Planner shall record the Final Plat with the County Clerk and Recorder within five ( 5 ) working days of approval of the Final Plat by the Board . ( 2 ) The County Clerk and Recorder shall furnish the sub- divider with a receipt for the Final Plat upon fil - ing of the Final Plat . 6-4 Pesubdivision Procedure A . Resubdivision of land changes to a recorded plat shall be considered a subdivision and it shall comply with these regulations with the following exceptions : ( 1 ) Lot lines may be revised from those shown on the re- corded plat , provided that in making such changes : (a ) No lot or parcel of land shall be created or sold that is less than the minimum requirements for area or dimension as established by these regulations or other applicable regulations or resolutions . ( b) Drainage easements nr rights-of-way reserved for drainage shall not be changed , unless sup- ported by complete engineering data . (c ) Street locations and street rights-of-way shall not be changed ; and (d ) The plat shall not be altered in any way which will auversei , affect the character of the plat filed . B . A copy of all Final Plat revisions shall be submitted to the Planning Commission and the Board for their review . C . Where the resubdivision complies with the appropriate re- quirements of these regulations , a Flat indicating the resubdivision shall be submitted to the Planning Commis- sion and the Board for their endorsements , prior to the filing of such plat with the County Clerk and Recorder . Such plats shall specifically indicate the revisions being made compared to the previously recorded plat . 6-5 Numbering System A . The Planning Department shall maintain an adequate num- bered filing system for all subdivisions , including copies of all maps , data , and actions . Also , a master location map (or maps ) referenced to the filing system , for public use and examination . ...... .a.- -,1 mom. _ w y. L•`- t a SECTION 7 CONFORMANCE WITH EXISTING LAWS • 7-1 General Land being subdivided shall conform with the Comprehen- sive Plan, Zoning Resolution , and other resolutions and regulations in effect in the County. All plans of streets or highways for public use , and all plans , plats , plots , and replots of land laid out in subdivision or building lots , and the streets , highways , alleys , or other portions of the same intended to .be dedicated to a public use or • the use. of purchasers or owners of lots fronting thereon or adjacent thereto , shall be submitted to the Board of review and subsequent approval , conditional approval , or disapproval . { The Board shall have the power to bring an action to en- join any subdivider from selling , agreeing to sell , or offering to sell subdivided land before a Final Plat for such subdivided land has been approved by the Board as provided in CRS 106-2-9 (4) . i SECTION 8 DESIGN STANDARDS All subdivisions approved by the Board must comply with the following standards . 8-1 General Standards A . The design and de\dLlopmeh ... ,,f subdivisions shall preserve , insofar as it is possible , the natural terrain , natural drainage , existing topsoil , and trees , B . Land subject to hazardous conditions such as land slides , mud flows , rock falls , snow drifts , possible mine sub- sidence , shallow water table , open quarries , floods , and polluted or nonpotable water supply shall be identified and shall not be subdivided until the hazards have been eliminated or will be eliminated by the subdivision and construction plans . C. Provision shall be made to preserve groves of trees , streams , unusually attractive topography, and other de- sirable natural landscape features . D. A proposed subdivision shall be designed in such manner as to be coordinated with adjoining subdivisions with respect to the alignment of street rights-of-way and utility and drainage easements acid open spaces . 8-2 Streets A. Street Requirements (1 ) Street Plan . The arranger-ent , extent , width , type and location of all streets shall be designed in relation to existing or planned streets , to topo- graphic conditions , to public convenience and safety , and in relate -n t:o +"- prrporca „sA r` land to be served. Streets shall be extended to the boundaries of each building site , except where such extension is prevented by topography or other physical conditions ; or where the connection of streets with existing or probable future streets is deemed unnecessary for the advantageous development of adjacent properties . All building sites shall have access to a public street . (2) Through Traffic, Local streets shall be arranged so that their use by through-traffic will be discouraged . (3) Stub Streets . Provision must be made , through the provision of stub streets or extension of new streets to connect to existing stub streets , to provide an -37- • s , efficient street system . Not more than six (6 ) lots shall front on a stub street except where a tempor- ary turn-around is provided . (4 ) Intersections . Freeways and arterial streets shall not be intersected by local streets . Collector streets shall not intersect major arterial streets at intervals of less than 1320 feet ' 1 /4 mile) . (5) Right-of-way Width , Streets shall have the follow- ing .minimum right-of-way widths : (a ) Freeways - two hundred and fifty (250) feet ; ( b) Major arterials - one hundred and forty ( 140) • feet ; (c) Minor arterials - one hundred (100) feet ; (d) collector street - eighty (80) feet ; (e) Local street and service road - shall be at least sixty (.60 ) feet ; (Freeways and Major arterials shall be designated on the compre- hensive Plan . ) (6) Roadway Width . Streets shall have the following roadway minimum widths : (a ) Four lane arterial streets - sixty-four (64) feet ; ( b) Collector street - forty (40 ) feet ; (c ) Local street or service road - forty (40 ) feet ; (d ) At least six foot shoulders shall be provided on arterial str,,?ts where curbs are not pro- vided , ( 7 ) Half-Streets , Half streets shall not be permitted unless : (a ) They are required to complete a half street already in existence ; ( b) The subdivider obtains for the County a dedi - cation from the abutting landowner of the other one-half of the street ; and , (c ) The subdivider obtains from the said abutting land-owner an agreement in a form satisfactory to the Board which guarantees the cost of the improvements and construction of the same on the half street within a time suitable to the Board ; and , ( d ) The subdivider guarantees the construction of the impr_ vement on the half street which he is dedicating ; or, (e ) Upon waiver by the Board . (8) Dead-end Streets , (not cul -de-sacs ) . Dead-end streets shall not be permitted . (9 ) Cul -de-sac Streets , Permanent cul -de-sac streets serving no more than twenty (20) lots may be per- mitted and must be provided with a right-of-way at the turn around of sixty- five ( 55) feet radius or more and the outside curb or pavement edge radius must be fifty-five ( 55 ) feet or more . ( 10 ) Number of Streets at Intersection . No more than two streets shall intersect at one point . ( 11 ) Angle of Street Intersections . Streets shall in- tersect at ninety (90) degrees , except where this may be impractical . Angles of less than ninety ( 90 ) degrees may be designed , subject: to the approval of the Board . ( 12 ) Centerlines of Intersection Streets . Two streets meeting a third street from oppa is to sides shall meet at the same point , or their centerlines shall be offset at least three hundred (300 ) feet . This requirement shall not apply to the alignment of opposing cul -de-sac Streets . J, ,,, ` .i,.•`� i: es.- -i.:(::. i ;'rt14<ci?r '.f r,, .Ye ,,' :, '- , r, r x 'i `: IIIII1ti� y B. Street Names . Streets shall have the, names of existing . streets which are in alignment 1n the, cbtirity or in .an � adjoiningg county or municipality. There shall be qo r duplication of street names within the area . • C. 4 Curvature and Alignment 1 ' (1 ) Horizontal Curves . To ensure adequate sight .dist- ,, ances when street roadway lines '.deflect:more than i five (5) degrees , connection shall be made by hori- zontal curves . The minimum centerline ,r.adii for local streets shall be one hundred (100) feet; ` collector streets two hundred (200) feet; and of .` { all other streets , three hundred (300) feet . On collector and major streets a minimum tangent of • one hundred (loo) feet shall be required between a I curve and street intersection ; a minimum tangent of one hundred 100 ) feet shall be required between ' reverse curves . -, : • j:, s ': ,:. (2) Vertical Curves . Vertical curves shall be used at • changes of grade excezdin one ' . be designed to g percent and shall ; '. r g provide minimum sight distances of two hundred (200) feet for local streets and three hundred (300) feet for all other streets (arterial • and collector streets shall be as determined by the current specifications of .the American Association of State Highway Officials ) . No vertical grade shall be less than 0, 2% in order to facilitate adequate drainage . Maximum percent of street grade , except as provided below ; Local streets g% Collector streets 7% Arterial streets 5% t • (a ) Where a horizontal curve occurs on a grade of over five percent , the maximum allowable per- cent of grade on the curve shall be reduced by 0. 5% of each 50 feet that the curve radius is less than 400 feet. (b ) Street grades shall not exceed 4 . 0% for a dis- tance extending at least forty feet in each direction from a street intersection . D . Frontage of Major Highways Where a residential subdivision abuts a major highway , service roads may be required . A subdivision that adjoins or contains an existing or proposed freeway or major art- erial ,provided in the Comprehensive Plan may be required to provide service roads at least forty-four (44 ) feet in paved width or more as required . There a subdivision borders a railroad right-of-way , free- way , arterial or collector street , a landscaped buffer area of not less than twenty (20 ) feet may be required for adequate reduction of noise pollution . E. Roadbed Construction Standards for Paved Roadways Roadbed construction shall be constructed in accordance with standards provided by resolution of the Board . • 8-3 Sidewalks , Curbs , and Gutters Sidewalks shall be provided where required by the Board , on both sides of all strew; , not less than four (4 ) feet in width. Sidewalks , curbs and gutters shall be constructed as provided by resolution of the Board . 8-4 Block Standards and Walks A . Block Standards iiii The lengths , widths and shapes of blocks shall be deter- mined with due regard to the following : ( 1 ) Provision of adequate building sites suitable to the special needs of the type of use contempleted ; f ..1 y �fT d;- i II. • (2) Requirements of the zoning ordinance as to lot sizes and dimensions ; - I (3) Needs for convenient access and control and safety of vehicular and pedestrian traffic circulation and emergency vehicles ; (4) limitations and opportunities of topography; (5 ) Maximum block length between intersecting streets shall be 1 ,500 feet , unless waived by the Board . B . Pedestrian Walks Where blocks exceed one thousand ( 1000) feet in length , pedestrian rights-of-way of not less than ten (10) feet in width shall be provided through blocks where needed for adequate pedestrian circulation . Improved walks of not less than four (4) feet in width shall be placed with -in the pedestrian rights -of-way. 8-5 lot Size Standards A. Lot size , width , depth , shape and orientation and minimum building setback lines shall be appropriate for the loca- tion of the subdivision and for the type of development and use contemplated , and shall facilitate. .the placement of buildings with sufficient access , outdoor space , priv- acy and view. No lot shall be more than three times as long as it is wide . B. Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate t0 provide for off-street parking,, landscaping or planting area , and loading areas required by the type of use and development contemplated C . Lots (1 ) ro single lot shall be divided by a municipal or county boundary line . (2) A lot shall not be divided by a road , alley or other lot . (3) Each lot shall be provided with satisfactory access to an existing public street. (4) Corner lots for residential use shall accomodate the required building setback line on both street frontages . (5) Wedge-shaped lots . In the case of wedge-shaped lots , no lot shall be less than thirty ( 30 ) feet in width at the front property lines . (6) Lot lines . Side lot lines shall be at substantially right angles and radial to curved streets . Where lot lines are not at right angles to the street lines this shall be indicated . (7) Front on public street . Double frontage and reverse frontage lots shall not be permitted except where essential to provide separation of residential pro- perties from arterial streets or commercial uses , or orientation . (8) A planting screen easement , across which there shall be no right of vehicular access; , may be required along the property iino of lots abutting an arterial street. A statement dissolving right of access from individual lots to the arterial street may be requir- ed with the Final Plat. 8-6 Easement Standards Easements shall follow rear and side lot lines whenever practical and shall have a minimum total width of twenty (20) feet apportioned equally in abutting properties . Where front line easements are required , a minimum of fifteen ( 15) feet shall be allocated as a utility ease- • ment. Perimeter easements shall not: be less than fif- teen ( 15 ) feet in width extending throughout the peri - pheral area of the development . -42- Aopitmt ,` • Easements shall be designed so as to provide efficient installation of utilities . Special guying easements at corners may be required . Public utility installations shall be so located as to permit multiple installations within the easements to avoid cross connections , mini - mize trenching and adequately separate incompatible systems . The developer shall establish rough cut final utility grades prior to utility installations . ( For drainage easement requirements see Section 8-11 ) . f,- 7 Alleys Service access to the interior of blocks may be permitted in certain instances , in which case such alleys must be indicated in the plats . Driveways Driveways shall not be Dermitted to have direct access to major or minor arterial streets, 8-9 Sanitary sewage Disposal b . General Requirements In all new subdivisions , all lots , or parcels which can- not be connected to a public or community sanitary sew- age system shall be provided with an on- lot sewage dis- posal system prior to the occupancy of , or use of build- ings constructed thereon , In order to determine the ad- equacy of the soil involved to properly absorb sewage effluent and to determine the minimum lot area required for such installations , an interpretive map based on the National Cooperative Soil Survey showing the suitability of the soil for septic tank fields will be submitted along with the results of percolation tests . The results of these data will be reviewed by the Planning Commission and by the Department of Health to determine the general suitability of the soil for on-lot disposal systems . ( 1 ) Lends made , altered , or filled with non-earth mat- erials within the last ten ( 10 ) years shall not be divided into building sites which are to be served by soil absorption waste disposal systems . ( 2 ) Each lot to be served by an on-site soil absorpt; ^r. sewage disposal system shall have fifty percent ( 50% ) of its minimum required lot area or twenty thousand ( 20 ,000) square feet , whichever is less , in slopes of less than fifteen ( 15%) percent . ( 3 ) Each subdivided lot to be served by an on-site soil absorption sewage disposal system shall contain an adequate site for such system, An adequate site re- quires a minimum depth of eight (8 ) feet from the surface of the ground to impermeable bedrock , and a minimum depth of eight (8 ) feet from the surface of the ground to the ground water surface (based on annual high !.!pater level ) . Each site must also be at least one hundreu ( 100) feet from any water supply well , stream or water course , and at least ten ( 10 ) feet from any dwelling or property line . (4 ) Soils having a percolation rate slower than thirty ( 30 ) minutes per inch shall not be divided into building sites to be served by soil absorption sew- age disposal systems . ( 5 ) Land rated as having severe limitations for septic tank absorption fields as defined herein or by the U . S . Department of Agriculture , Soil Conservation Service , shall not be divided into building sites to be serviced by soil absorption sewage disposal systems unless such building sites contain not less than two and one-half acres . (6 ) An applicant desiring to install soil absorption sewage disposal facilities on the soils having sev- ere limitations , as determined in the preliminary plan review , shall ; have additional on-site invest- igations made , including percolation tests ; obtain the certification of a soils scientist that specific areas lying within these soils are suitable for the proposed soil absorption sewage disposal system; and meet the State Health Department regulations . In addition , the Sanitary Inspector shall find that the proposed corrective measures have overcome the severe soil limitations . (7 ) Other applicable standards adopted by the State Water Pollution Control Commission and the County Health Department. An applicant desiring to install soil absorption sewage disposal facilities on soils having severe limitations shall have an opportunity to present evidence contesting such classification and analysis if he so desires . There- after the Colorado Water Pollution Control Commission may affirm, modify or change the classification . B . Sanitary Sewer Mains , Laterals and House Connections Where local , county , and regional master plans indicate that construction or extension of sanitary sewers may serve the subdivision area within a reasonable time , the Board may equire the installation and capping of sani - tary sewer mains and house connections in addition to the installation of temporary individual on-lot sanitary disposal systems . An agreement with the State Health De- partment shall be required which stipulates that the sub- divider and/or lot owner shall connect to said sewer within three ( 3) months after it is available . The de- sign and installation of " cupped sewers , laterals and house connections must be approved by the County Health Department . Whenever individual on- lot sanitary sewage disposal systems are proposed the subdivider shall either install such facilities , or require by deed restrictions or otherwise as a condition of the sale of each lot or parcel within such subdivision that on- lot sanitary sew- age disposal facilities be installed by the purchaser of said lot at the time that the principal building is con- structed. In all other cases sanitary sewage disposal facilities shall be provided for every lot or parcel by a complete community or public sanitary system. All sew- er mains shall be installed in easements and/or dedicated rights-of-way . C . Test Procedures Test procedures shall be conducted in accordance with U . S . Public Health Service Publications Number 526 , 1963 Edition , including any revisions thereto , and other County requirements . 8-10 Water Supply Water supply systems shall be provided consistent with the standards of the requirements of these regulations . A . Public Water Supply Systems Where water supply is to be by a central system either through a municipality , a water district , or water com- pany or association , the subdivider must furnish evidence of adequate supply and ability to serve . If a new off- site water supply system is proposed , the subdivider prior to approval shall provide a certified letter from the State Engineer stating that proper water rights have been acquired , or a proper non-tributary source is reason- ably available for the future use of the subdivision . The central water supply system shall contain mains of sufficient size and having a sufficient number of outlets to furnish an adequate water supply for each lot or par- cel in the subdivision and to provide adequate fire pro- tection . The minimum size of water mains shall be six (6 ) inches , unless specifically excepted by the Board . Fire hydrants shall be spaced no more than 1000 feet apart . All •rater mains shall be installed in dedicated streets , alleys , or easements . All subdivisions containing ten ( 10 ) or more lots shall be served by a public water system. B . On-site Water Systems Where the subdivider proposes that individual on-lot water supply systems be constructed within the subdivi - sion , the subdivider shall install such facilities , or shall require by deed restriction or otherwise as a con- dition of the sale of each lot within the subdivision that the facilities be installed by the purchaser of said lot at the time the principal building is construct- ed . • Where individual on-lot water supply systems are proposed or necessary , a geologic report shall be submitted and shall contain a specific section on ground water geology prepared by a qualified. ground water geologist which indicates : ( 1 ) The probability of success of wells or on-site sup- ply systems throughout the proposed subdivision . (2 ) The expected long term yield of such wells or systems . ( 3) The expected depth to usable water . (4 ) The expected quality of the anticipated water. (5 ) Any expected significant problems of long-term supply , pollution or long-term maintenance of such wells or systems . ( 6 ) The anticipated accumulative effect of such water use on other vested water rights in the area . ( 7 ) The report shall include such other information as required by the Planning Commission . C . Fire Safety Requirements All subdivisions of ten ( 10) building sites or more shall be required to provide minimum fire protection as follows : ( 1 ) Fire hydrants shall be spaced no more than 1000 feet . ( 2 ) Minimum water line siza shall be six ( 6 ) inches within all subdivisions having two (2 ) lots or more per acre . ( 3 ) Fire hydrants that have two and one-half ( 21z) inch outlets shall have the 'lational Standard Thread . Four and one-half (41= ) inch or six (F ) inch steam- ers shall havA threar+< known as D-522 ; six (6 ) threads per inch , (4 ) Minimum residual pressure of 20 to 30 psi at the fire hydrants will be considered to provide minimum fire protection , ( 5 ) Fire hydrants shall be located on dedicated street rights -of-way and be accessible to the standard fire pumper or as specified in an approved Planned Unit Development . 8- 11 Storm Drainage and Flood Plains Drainage areas shall be left in a natural state unless approved by the Planning Commission and no encroachment shall be made on the natural channel . A plan to prevent water pollution shall be submitted and adhered to where- ever any modification of topography is required during construction within 100 feet of any stream, irrigation ditch or drainage channel . Complete drainage systems for the entire subdivision area shall be designed by a professional engineer , licen- sed in the State of Colorado and qualified to perform such work and shall be shown graphically . All existing drainage features which are to be incorporated in the de- sign shall be so identified . If the Final Plat is to be presented in sections , a general drainage plan for the entire area shall be presented with the first section and appropriate de‘, clopme,, , stages for the drainage system for each section shall be indicated . Where a subdivision is traversed by a water course , drain- age way or stream , there shall be provided a perpetual drainage easement conforming substantially with the lines of such watercourse , and of such width as necessary and adequate to carry off the predictable volume of storm water drainage from a twenty-five ( 25 ) year frequency storm as determined by the standard method for calcula- tions used by the Corps of Engineers . B . Design of Drainage Systems The drainage system shall be designed to consider the -47- i drainage basin as a whole and shall accomodate not only runoff from the subdivision area but also , where appli - cable , the system shall be designed to accomodate the runoff from those areas adjacent to and upstream from the subdivision itself , as well as its effects on lands downstream. The following requirements will be needed to complete the street and drainage a,.alysis . ( 1 ) A general location map for the subdivision showing the entire watershed . U. S . G. S . quadrangle map or an aerial photograph is adequate . ( a ) Outline the subdivision accurately on this map . ( b) Outline the area or areas draining into the subdivision on this map and show areas in acres in a corner of the map . ( 2) A topography ( contour) map of the subdivision show- ing lots , blocks , streets and any unusual features of filled areas . ( 3) A preliminary layout map showing the method of mov- ing storm sewer water through the subdivision will be needed . This map should also show runoff con- centrations in acres of drainage area on each street entering each intersection . ( This may be combined with the topographic map ) . Flow arrow should clear- ly show the complete runoff flow pattern at each intersection . ( 4 ) Demonstrate the adequacy of drainage outlet by plan , cross-section and/or notes and explain plan for handling diverted storm water after it leaves the subdivision . ( 5 ) Submit detail of ditch and culvert as applicable . (6 ) Calculate projected quantity of storm water entering the subdivision naturally from area outside of sub- division . ( 7 ) Quantities of flow at each pickup point . (n ) Location , size and grades of required culverts , drain inlets and storm drainage sewers . (9 ) When no-joint pipe is installed , it shall be instdll - ed in accordlnce with ASTM Designation 0177-61T ( 10) The rainfall frequency rate used in determining the flow of storm water shall be based on the following : The current hydrology computations method as used by U . S . D . A . Soil Conservation Service offices , or the generally accepted Rational Formula and tabu- lation as used to calculate individual drainage areas , time of flow , and ultimate quantities at each collect on po; _ . ( Q AIC ; where Q = quantity of runoff , A - area of drainage in square feet , I = intensity/ time ratio in -inches per minute , and C = runoff coefficient ) . (a ) A ten ( 10 ) year frequency storm may be carried in the paved portion of the street , that is , from the back of sidewalk to the back of side- walk . ( b) A fifty ( 50 ) year frequercy storm may be carried within the natural watercourse and the dedicat- ed right-of-way . ( c ) In the event a quantity of water , in excel of these limits is calculated to exist , a storm system will be provided either in the form of an underground system or a formal drainage way to prevent excessive ponding . ( d ) In general , culvert sizes shall be sufficient to accomodate the flow computed with no head at the inlet and no less than the equivalent of an eighteen ( 18 ) inch diameter pipe . The velocity of flow in an unlined ditch shall be compatible with the soil erosion character- istics or the treatment to be afforded the Mitch • i (e ) The quantity and velocity of flow in streets shall be computed from acceptable flow charts } or by the usual methods used in computing flows in open channels . ( f) Whenever a subdivision is traversed by a drain- age way which is approved by the County Engineer for surface drainage , provision shall be made for the dedication to the public adequate rights- of-way for access and maintenance . C . Aquifers Any use of land which would pollute or contaminate an aquifer is prohibited . This includes but is not limited to sanitary land fills , septic tank and on-lot sewage dis- . posal systems . The following regulations apply to development over aqui - fers that are within twenty ( 20) feet of the land surface and in areas of aquifer recharge : ( 1 ) Construction of buildings shall not be permitted un- less approval by the State Health Department and the Colorado Geological Survey . (2 ) Building construction if permitted shall have found- ations designed by a professional engineer . D. Flood Plains The following regulations apply to development in design- ated flood plains : ( 1 ) Construction of buildings shall not be permitted in a designated floodway with a return frequency more often than a one-hundred ( 100) year flood , based on a six hour continuous storm. (2 ) Any use of land is prohibited where flooding would create a public health problem. This includes shal - low wells , uncased deep wells , sanitary land fills , septic tank and on- lot sewage disposal systems , water treatment plants , and also selvage disposal systems not completely protected from inundation . ( 3 ) Trailer parks , mobile homes and similar uses shall not be permitted in any designated floodway. (4 ) Any contemplated flood plain encroachment or channel - ling shall be thoroughly analyzed and its effect on stream flow determined before it is undertaken . Any construction , dumping , and filling operations in a designated floodway constitutes an. encroachment . ( 5 ) Floodlands . No lot one (1 ) acre or less in area shall include floodlands . All lots more than one ( 1 ) acre shall contain not less than forty thousand ( 40 ,000 ) square feet of land which is at an eleva- tion of the one hundred ( 100 ) year recurrence inter- val flood or , where such data is not available , five ( 5) feet above the elevation of the maximum flood of record . 8- 12 Irri_cation Ditches Existing irrigation ditches shall be incorporated within the subdivision plan in a manner such that their function is not impaired . The ditches shall be protected from en- crodchment and may be fenced in a manner- acceptable to the ditch company. -50- __ - - - - - r- -i`ac:_ `rr. r+�sa.�arrw.a - - - -- —r-- - �.: z.._..✓ _:,..,a•, 4-:..., . 8-13 Abandoned Mines Building construction that occurs in areas of abandoned mines shall be approved by a professional engineer, 8-14 Subdividing or Planning All of Parcel Wherc an entire parcel is not subdivided , the subdivider must indicate his intenc:,. .: plans for disposition of the remainder of the parcel . 8- 15 Public Sites and Open Spaces A . The Planning Commission and the Board , upon consideration of vehicular traffic and facilities and the particular type of development proposed in the subdivision , may re- quire the dedication , development , and/or reservation of areas or sites of a character , extent and location suit- able for public use for parks , greerbelts , or other nec- essary public purposes , other than subdivision streets and utility easements designated in accordance with one of the following alternatives or as specified in the PUD plan : ( 1 ) The required acreage as may be determined according to Section 8-15-B of the subdivision regulations shall be dedicated to a public agency for one or more essential public purposes . Any area so dedi - cated shall he approved by the proper public agency and shall be maintained by the public agency. ( 2 ) The required acreage as determined according to Sec- tion 8-15-B of the subdivision regulations may be reserved through deed restrictions as open area , the maintenance of which shall be ensured by spec- ific obligations in the deed of each lot within the subdivision . ( 3 ) In lieu of land there may be required a payment to the County in an amount equal to the market value at the time of Final Plat submission of the required acreage as determined according to Section 8- 15-B . Such value shall be determined by a competent land appraiser chosen jointly by the Board and the sub- divider. The cash collected shall be deposited in an escrow account to be expended for parks at a later date . B . Required Acreage The amount of land that may be required for public dedi - cation , reservation , or as a measure of money to be paid in lieu of such dedication or reservation , shall be de- termined as follows : ( 1 ) For residential subdivisions : Required Acreage = expected population x 10 . 5 1000 Expocted popul a c i or wi l i be determined by the Plan- ner as fol l c es. : Expected vopul .:is i on shall be determined by multiplying the total number of units proposed for the subdivision by the average number of inhabitants per unit in existing subdivisions of a similar character. (2 ) For commercial or industrial subdivisions or por- tions of subdivisions : Required Acreage - blot less than five percent ( 5 ) nor more than twelve percent ( 12`/) of the acreage of the commercial or industrial portion of the sub- division . 8- 16 Underground Utilities A. All electric and communication utility lines and services , and all street lighting circuits shall be installed under- ground , except for the following : ( 1 ) Transformers , suitchinq boxes , terminal boxes , meter cabinets , pedestals , ducts and other facilities nec- essarily appurtenant to such underground and street lighting facilities ; ti ;' L •.r ( 2 ) All facilities reasonably necessary to connect underground . facilities to existing or permitted overhead or above-ground facilities ; ( 3 ) Overhead electric transmission and distribution feed- er lines and overhead communication long distance , . trunk and Feeder lines , existing or new ; (4 ) It shall not be necessary to remove or replace exist- ing utility facilities used or useful in serving the subdivision . Deviations from the requirements , other than those listed above , shall be permitted only with the written recommend- ation of the nlanninq Comaission and die hoard who shall make such recommendation only in cases of extreme difficul - ty . SECTION 9 MINOR SUBDIVISIONS 9- 1 Minor Subdivisons Exempted The Board nereby determines that minor subdivisions which meet the requirements for designation as such in Section 9-3-A below are not within the purposes of Article 2 of Chapter 106 of CRS ' 63 as amended . Pur- suan . to sub-section 3-d of 106-2- 33 of CRS ' 63 as amend- ed minor subdivisions u , exempted from the definition of " subdivision " or 'subdivided land " and from follow- ing the complete regulations , requirements and procedures set forth in these Subdivision Regulations . Minor sub- divisions must follow the procedures for minor subdivi - sions in this Section 9 . 9-2 Application for Designation as Minor Subdivision A . The owner or agent of the owner of a tract or parcel of land which is proposed to be divided into two ( 2 ) build- ing sites , tracts , or lots shall apply to the Board for designation as a minor subdivision . Such application shall include the following : ( 1 ) A location map indicating the relation of the lots to existing roads ; (2 ) A legal description of the tract and of the proposed lots ; ( 3 ) A plat of the proposed minor subdivision con- forming to the drawing requirements and contain- ing such certifications as shall be indicated in a procedural guide for minor subdivision application , which guide shall be provided by the Planner ; (4 ) A certificate ( the form for which shall be provided by the Planner ) of ell land transfers concerning the entire tract durine flee ( 5 ) year period prior to the application for designation as a minor subdivi - sion ; ( 5 ) The type of water system proposed ; also documenta- tion of water rights and of historic water use , if applicable ; ( 6 ) Type of sewer system proposed ; ( 1 ) The acreage of the entire tract and of each lot ; All items must be submitted to the Planner for re- view at least thirty ( 30 ) days prior to the Board meeting at which the minor subdivision proposal is to be considered . -53- y`` 1' • ,� 9-3 Review Procedures for Minor Subdivisions A . The Planner shall review the application for designation as a minor subdivision prior to its consideration by the Board . He shall make a recommendation to the Board con- cerning the appropriate action to take regarding the ap- plication . The Board shall not approve the designation of the proposed division as a minor subdivision unless it finds the following : ( 1 ) That the proposed lots are not part of a minor sub- division or subdivision approved within less than . five (5 ) years previous ; (2) That the proposed division would not constitute the subdivision of a larger tract or parcel of land into more than two (2) building sites , tracts , or lots within five ( 5 ) years ; ( 3) That the lots resulting from the proposed division will each be accessible from an existing public road with a minimum frontage in conformance with the County Zoning Resolution ; (4 ) That the proposed lots will have access to an ade- qute water supply ; ( 5 ) That the proposed lots will have access to an ade- quate means for the disposal of sewage ; ( 6) That the minimum lot size shall not be less than the zoning requirements ; ( 7 ) That the minor subdivision proposal is in compliance with the Comprehensive Plan . (8 ) That said minor subdivision does not interfere with or lie within major flOOdWays or drainage courses . Otherwise , the Board shall designate the proposal as a subdivision as defined in these regulations . B . Filing of Minor Subdivisions Upon obtaining a designation as a minor subdivision , the Planner shall record the plat of the minor subdivision in the office of the County Clerk and Recorder . County road widths shall be dedicated as required in the Compre- hensive Plan , and the owner shall pay fees as provided in a resolution by the Board . SECTION 10 UTILITIES AND IMPROVEMENTS 10-1 General Requirements A . The following improvements shall be constructed at the expense of the subdivider as stipulated in the Subdivi - sion Improvement Agreement in a manner approved by the Board Hhich is consistent ,Kith sound cons:ruction and local practice . n;,.�rc sN ifiC requirements are spell - ed out in other sections of these regulations , they shall apply : ( 1 ) Road grading and surfacing ; ( 2) Curbs , if reqJi red ; (3 ) Sidewalks , if required ; (4 ) Sanitary sewer ' aterals where required ; ( 5 ) Storm sewers or storm drainage system as required ; (6 ) Water distribution; system, where applicable ; ( 7) Street signs at all street intersections ; (8 ) Permanent reference monuments anc monument boxes ; ( 9) Street lighting , if required ; ( 10 ) Landscaping , where required ; ( 11 ) Underground electric and communication utility lines and services , and all street lighting circuits , as required ; ( 12 ) Other facilities as may be specified or required in these regulations by the Planning Commission . SECTION 11 IMPROVEMENTS AGREEMENT 11 -1 Contract No Final Plat shall be approved by the Board until the subdivider has submitted a Subdivision Improvement Agree- ment or a contract approved by the Board agreeing to con- struct the required improvements as shown in plans , plats and supporting documents . 11 -2 Improvements Guarantee Suitable collateral , in an amount stipulated in the sub- ' division improvement agreement , shall accompany the Final Plat submission to ensure the completion of the improve- ments according to design and time specifications . If • the improvements are not constructed in accordance with all of the specifications , the Board shall notify the subdividers of the noncompliance and discuss with the ; t subdividers the reasons for the noncompliance and pro- pose schedules for correcting the noncompliance . If the Board determines that the subdividers will not construct any or all of the improvements in accordance with all of the specifications , the Board shall have the power to withdraw and employ from the deposit of collateral such funds as may be necessary to construct the improvement or improvements in accordance with the specifications . 11 -3 Release of Guarantee From time to time as the required improvements in a sub- division are completed , the subdivider may apply in writ- ing to the Board for a partial or full release of the bond , credit deposit letter , certified check , or other collateral . Upon receipt of such application in writing , the Board or its agent shall inspect that portion of the improvement which has been completed . If the Board deter- mines from such inspection that the improvements thus far completed have beA made t .i accordance with the Final Plat and the requirements of these regulations , a portion of the bond , credit deposit letter , certified check , or other collateral sufficient to cover the cost of the improve- ments thus far completed shall by released . SECTION 12 VARIANCES A . Hardship Should the subdivider clearly demonstrate that , because of peculiar physical conditions pertaining to his land , the literal enforcement of one or more of these regula- tions is impracticable or will exact undue hardship , the Board may permit such variance or variances as may be reasonable and within the general purpose and intent of the rules , regulations and standards established by these regulations . R . Planned Unit Dev_elonment The regulations contained in this resolution may be modi - fied by the Planning Commission and the Board in the case of Planned Unit Development , if such modification is in the best interest of the County . ( 1 ) The purpose of the P . U . D. Plan is to encourage flexibility and variety in land development , a more efficient allocation and maintenance of open space , and a more efficient use of those public facilities required in connection with such development . ( 2 ) The P . U . D . design shall specify : ( a ) That the common area shall be a part: of the overall area covered by the Plan . ( b ) That each parcel within the area shall be deeded as a unit granting to the parcel owner a propor- tionate undivided interest in the common area in perpetuity with a deed restriction against future residential , commercial or industrial development . ( 3) There shall be a plan , which shall also be a deed restriction by covenant or otherwise , in perpetuity , binding the unit owners to a method of maintenance cf the common area . ,lomplik,,i, , ,. : .,- . ,... ,. - 1644- 1. r c r 6 s i. 1., , i, ti SECTION 13 VIOLATIONS ;AND, PENALTIES A . Any subdivider, or agent of a subdivider , who transfers or sells or agrees to sell or offers to sell any sub- i divided land before a final plat for such subdivided land il has been approved by the Board of County Commissioners and recorded or filed in the office of the County Clerk and Recorder shall be guilty of a misdemeanor and shall I be subject to a fine not to exceed five hundred dollars for each parcel or interest in subdivided land which is r sold or offered for sale. All fines collected under this paragraph (A) shall be credited to the general fund of the county. r B. The Board of County Commissioners of the county in which r the subdivided land is located shall have the power to bring an action to enjoin any subdivider from sellin4i agreeing to sell , or offering to sell subdivided lana before a final plat for such subdivided land has been ,ti approved by the Board of County Commissioners . , SECTION 14 VALIDITY If any section , subsection , paragraph , clause , phrase , or provision of these regulations shall be adjudged invalid or held unconstitutional , the same shall not affect the validity of these regulations as a whole or any part or provision hereof, other than the part so adjudged to be invalid or unconstitutional . There being no further business for the day, a recess was ordered taken to a future date, subject to call of the Chairman. %`/��Ii.'�"''`'w COUNTY CLERK �'ur�- � i;i ��f%r'- CHAIRMAN tri J By: �. l',,� � ��r.�� ,>r, � Deputy County Clerk GREELEY, COLORADO, THURSDAY, AUGUST 31, 1972 A regular meeting was held by the Board of County Commissioners of Weld County, Colorado, at 10:U0 o' clock A. M. , with the following present: a GLENN K. BILLINGS COMMISSIONER HARRY S. ASHLEY COMMISSIONER MARSHALL H. ANDERSON COMMISSIONER ANN SPOMER COUNTY CLERK SAMUEL S. TELEP COUNTY ATTORNEY The minutes of the 30th instant were read, and there being no corrections or objections thereto, same were ordered approved. The following resolutions were presented: 4 IN THE MATTER OF AUDIT 1 AND ALLOWANCE OF CLAIMS FOR THE MONTH OF AUGUST 1972:. i The following claims were presented, examined and on motion same were allowed and warrants ordered drawn in payment thereof: COUNTY GENERAL FUND 16824 TO 17124 INCLUSIVE 1 ROAD 8 BRIDGE FUND 8830 TO 9034 INCLUSIVE PUBLIC WORKS FUND 363 TO 372 INCLUSIVE WELFARE FUNDS ADC 37519 TO 391C7 INCLUSIVE AND 13905 TO 14511 INCLUSIVE GA 2483 TO 2538 INCLUS N E VARIOUS 7636 TO 7755 INCLUSIVE ADM 1754 TO 1856 INCLUSIVE OAP 50881 TO 52683 INCLUSIVE Day Care 2302 TO 2423 INCLUSIVE • - F AUTHORIZE PUBLICATION OF PROCEEDINGS AUGUST 1972: BE IT RESOLVED, that pursuant to C. R. S. 1962, 36-2-11, the Board of County Commissioners of Weld County, Colorado, does hereby authorize publication of the proceedings as relate to each claim and expenditure allowed and paid during the month of August 1972; and does hereby further authorize publication of all Public Welfare Administration expenditures and all General Assistance expenditures other than actual recipients of such General Assistance Funds. i The above and foregoing resolution was, on motion duly made and seconded, k adopted by the following vote: AYES: Y _ 1 .�� ��. / H BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: AUGUST 31, 1972 There being no further business for the day, a recess was ordered taken to a future date, subject to call of the Chairman. "l :' ` -� ='�" ' ` - COUNTY CLERK ,„�!f��� ,4Ze j_. CHAIRMAN By:� ! i ,t1, Deputy County Clerk GREELEY, COLORADO, WEDNESDAY, SEPTEMBER 6, 1972 A regular meeting was held by the Board of County Commissioners of Weld County, Colorado, at 10:00 o'clock A. M. , with the following present: GLENN K. BILLINGS COMMISSIONER HARRY S. ASHLEY COMMISSIONER MARSHALL H. ANDERSON COMMISSIONER ANN SPOMER COUNTY CLERK SAMUEL S. TELEP COUN-Y ATTORNEY , The minutes of the 31st instant were read, and there being no corrections or objections thereto, same were ordered approved. Tie following resolutions were presented: RESOLUTION WHEREAS, a public hearing was held on August 14, 1972 in the chambers of the Board of County Commissioners, Weld County, Colorado, for the purpose of hearing a petition of Louis H. Meier, 9196 Emerson, Thornton, Colorado, requesting a change of zone from "A" Agricultural District to "I" Industrial District, and WHEREAS, the petitioner was present, and WHEREAS, there was some opposition to the change of zone, and WHEREAS, the Board of County Commissioners heard all the testi- mony and statements of those present, and WHEREAS, the Board of County Commissioners has studied the request of the petitioner and studied the recommendations of the Weld County Planning Commission, and having been fully informed; NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF COl'NTY COMMISSIONERS that the petition of Louis H. Meier for a change of zone from "A" Agricultural District to "I" Industrial District, said area being shown on recorded plat as Tract 9 and Tract 10 and more particularly described as follows: ,.yam pWJ '.:"' ?" w p. r �. y J.q,��8,i .4.Cr'#, t r,. �.1W j1,44...,, 451 r ` '' `e' r 'y: r Tracts 9 and 10 (by metes and bounds) located in the SW4 of the NE4 of Section 31, Township 1 North, Range 66 West Of the 6th P. M. , Weld County, Colorado, 4 {` tIt TRACT 9 Beginning at the SE corner of the SW4NE4 of Section 31, Township 1 North, Range 66 West of the 6th P. M. , thence South 89° 49' West 641. 5 feet along the South line of said S`JV.1NE 1 to the true point of beginnong; thence South 89° 49' West 60. 0 feet; thence North 1 39' East 145. 0 feet; thence North 89° 49' East 60. 0 feet; thence South 1° 39' West 145. 0 feet to the true point of beginning, contain- ing 0. 1996 acres more or less, TRACT 10 Beginning at the SE corner of the SW4 of the NE4 of Section 31, Township 1 North, Range 66 West of the 6th P. M. , thence South 89° 49' West 701. 5 feet along the South line of said SW4NE4 to the true point of beginning; thence South f 89° 49' West 50. 0 feet; thence North 1° 39' East 145. 0 feet; thence North 89° 49' East 50. 0 feet; thence South 1° 39' West 145. 0 feet to the true point of beginning, contain- ing 0. 1663 acres more or less, is hereby granted under the conditions following; 1. Any water and sanitation facilities to be installed shall be approved by the State Health Department. 2. All applicable subdivision regulations anti zoning regulations shall be followed and complied with in accordance with the Zoning_ Resolutions of Weld County, Colorado. Dated this 6th day of September, 1972, BOARD OF COUNTY COMMISSIONERS 1 WELD COUNTY, COLORADO , .,--e-e---- /5,17 �� -c )-�4 FF4i , . 1�4LI li 17;2/110 ATTEST: . Clerk of the Boa Byl��//,,,,,, rrir�.„,, Deputy County Clerk APPROVED AS TO FORM: c _ 014 � ne /I ? , e , t v ,',. i�. bite�k.A�r} !>V _ R'�' ... r �Y. . :.•t 11'•, q4 4 ..• l s t RESOLUTION WHEREAS, a public hearing was held on August 28, 1972 in the chambers of the Board of County Commissioners, Weld County, Colorado, for the purpose of hearing the petition of Premier Cor- poration, Roggen, Colorado, requesting permission to locate a cattle feed lot operation on the following described property, to-wit; The Southeast quarter and the Northeast quarter (SE4NE4) of Section One (1), Township One (1) North, Range Sixty- three (63) West of the 6th P. M. , Weld County, Colorado containing 320 acres more or less, and WHEREAS, the petitioner was present, being represented by Philip Higbee, Denver, Colorado, and WHEREAS, there was some opposition to the request of petitioner for the location of said cattle feed lot operation, and WHEREAS, the said requested cattle feed lot operation is located in an agricultural zone as set forth by the Weld County Zoning Resolution, and WHEREAS, according to Section 3. 3(3)(c) of the Zoning Resolution of Weld County, said cattle feed lot operation may be authorized upon the approval of the Board of County Commissioners of Weld County, and WHEREAS, the Board of County Commissioners heard all the testimoney and statements of those present; has studied the request of the petitioner, and studied the recommendations of the Weld County \ Planning Commission, and having been fully informed; NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners, that the application of Premier Corporation, Roggen, Colorado, for location of a cattle feed lot operation on the premises indicated above be, and it hereby is granted under the conditions following: 1. That any water and sanitation facilities to be installed shall be approved by the State Health Department, 2. That petitioner shall proceed with due diligence to effect said cattle feed lot operation and shall have up to one year from date hereof to begin construction of same. 3, That said cattle feed lot operation shall be completed by December, 1975, when same shall not contain more than 20, 000 head at any one time. 4. That petitioner shall construct sealed lagoon or lagoons as proposed. 5. Subject to a greenbelt being established at least fifty feet wide along State Highway Number 52 and County Road Number 73, thus screening off such roadways with a suitable type of vegetation. M { • ` • •,1'. 0`0, 453 6. Subject to road entrance onto the property from State Highway ►iY, Number 52 being at least 150 feet from the corner of the intersection of State Highway Number 52 and County Road Number 73. Fi 7, All applicable subdivision regulations and zoning regulations shall be followed and complied with in accordance with the Zoning Resolutions of Weld County, Colorado. •i Dated this 6th day of September, 1972. i BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO —leiZe ri )h47Cri 11'6:(J. ATTEST: Cler o�B rd By, Deputy County Clerk AF_TligaILEM AS TO FORM: , un y Attorney NOTICE PURSUANT TO THE LIQUOR LAWS OF THE STATE OF COLORADO, FLOYD VIEFHAUS OF P.O. BOX 164 dba CROW VALLEY CAFE OF BRIGGSDALE, COLORADO, HAS REQUESTED THE LICENSING OFFICIALS OF WELD COUNTY, COLORADO TO GRANT A LICENSE FOR BEER, WINE AND SPIRITUOUS LIQUOR AT A LOCATION MORE PARTICULARLY DESCRIBED AS .FOLLOWS: Beginning at the Southeast corner (SECor) of Section 20, Township 8 North, Range 62, West of the 6th \-\ P.M. ; thence North to the North highway right-of-way boundary of Colorado Highway Number 14 to the True Point of Beginning; thence West along said North right-of-way line a distance of 600 feet; thence at right angles North a distance of 600 feet; thence at right angles East a distance of 600 feet, thence South at right angles a distance of 600 feet to the True Point of Beginning, Weld County, Colorado. THE HEARING OF SAID LICENSE WILL BE HELD IN THE OFFICE OF THE COUNTY COMMISSIONERS, SECOND FLOOR, AT THE WELD COUNTY COURT HOUSE, GREELEY, COLORADO, ON WEDNESDAY, OCTOBER 11 , 1972 AT 2:00 P.M. O'CLOCK. DATED THIS 6th DAY OF SEPTEMBER, 1972. THE BOARD OF COI;NTY COMMISSIONERS WELD COUNTY, COLORADO BY: ANN SPOMER COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD Published: Greolev Booster September 8 and 29, 1972 5 IYy II f4� -Y ° 1. ,'. riy •..4 �..$, 'f,Yry 'f, ,t, 4'tr d�: 4, i ` -y? ��. 'A � Yryl NOTICE PURSUANT TO THE LIQUOR LAWS OF THE STATE OF COLORADO FLOYD VIEFHAUS OF P.O. BOX 164, dba CROW VALLEY SERVICE OF BRIGGSDALE, • COLORADO, HAS REQUESTED THE LICENSING OFFICIALS OF WELD COUNTY COLORADO, TO GRANT A LICENSE FOR AN APPLICATION FOR A RETAIL ; LIQUOR STORE LICENSE AT A LOCATION MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at the Southeast corner (SECor) of Section 20, Township 8 North, Range 62, West of the 6th P.M. , thence North to the North highway right-of-way boundary of Colorado Highway Number 14 to the True Point of Beginning; thence West along the said North right-of-way line a distance of 600 feet; thence at right angles North a distance of 600 feet; thence at right angles East a s distance of 600 feet; thence South at right angles distance of 600 feet to the True Point of Beginning, Weld County, Colorado. THE HEARING OF SAID LICENSE WILL BE HELD IN THE OFFICE OF THE COUNTY COMMISSIONERS, SECOND FLOOR, AT THE WELD COUNTY COURT HOUSE, GREELEY, COLORADO, ON WEDNESDAY, OCTOBER 11, 1972 at 2:30 P.M. O'CLOCK. DATED THIS 6th DAY OF SEPTEMBER, 1972. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: ANN SPOMER COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD FERMENTED MALT BEVERAGE LICENSE #72-20 ELSIE ALAUX dba ED'S PLACE EXPIRES OCTOBER 13, 1973 ��- re (' WHEREAS, Elsie Alaux dba Ed' s Place in Weld County, Colorado, has presented to the Board of County Commissioners of Weld County an application for a County retail license for the sale of 3.2% beer only and WHEREAS, the said applicant having paid to the County Treasurer of Weld County the sum of fifty dollars ($50.00) therefore, and having produced a State Retail License, for sale of 3.2% beer only, outside the corporate limits of any town or city in the county of Weld, at the location described as follows: NWINWe of Section 26, Township 1, North Range 68, West of the 6th P.M. , Weld County, Colorado NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners, having examined said application and the other qualifications of the applicant do hereby grant License Number 72-20 to said applicant to sell 3.2% beer only at retail at said place, and do hereby authorize and direct the issuance of said license by the Chairman of the Board, attested by the County Clerk and Recorder of Weld County, good for one year from the date of issue unless revoked, ac- cording to law, provided, however, that said license shall be issued upon the express condition and agreement that the place where licensee is authorized to sell beer under said license will be conducted in strict conformity to all laws of the State of Colorado and rules and regulations relating thereto heretofore passed by the Board of County Commissioners of Weld County, Colorado and any violation thereof shall be cause for revocation of the license. The above and foregoing resolution was, ,on motion duly made and seconded, adopted by the following mote: AYES: #j7.Ka1/zL� 1 )k . > E BOARD 0 COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: September 6, 1972 MB 38: t �j A r . 4} . , ,. k.P 4! t. t}fi ' 'It .T� .-4 , '' y.j.9 .s.L... '',-4';'''.': r ':' , 'I ..1 :°'' °' • Mr t� ,,.. a . .;r' .Aid a- ,a r !a� x ' }� ' . ` i � ' . trtr t• �. � ' ' tom.', 6j. ;c �� � ��. A 455 There being no further business for the day, a recess was ordered taken to a future date, subject to call of the Chairman. g. ' I . an../Jvtit.,,,,,, COUNTY CLERK �)X�<< ���1`�All ,,, CHAIRMAN 1 Bys rd!i,� 1)(),4 / Deputy County Clerk 1 GREELEY, COLORADO, MONDAY, SEPTEMBER 11, 1972 A regular meeting was held by the Board of County Commissioners of Weld County, Colorado at 10:00 o'clock A. M., with the following present: GLENN K. BILLINGS COMMISSIONER HARRY S. ASHLEY COMMISSIONER MARSHALL H. ANDERSON COMMISSIONER ANN SPOMER COUNTY CLERK SAMUEL S. TELEP COUNTY ATTORNEY The minutes of the 6th instant were read, and there being no corrections or objections thereto, same were ordered approved. The following resolutions were presented: September 11, 1972 I hereby certify that pursuant to a notice dated August 9, 1972, duly published August 11, 1972 and September 1, 1972, a public hearing was had on a request for a Change of Zone as requested by F. D. Scott, at the t ' time and place specified in said notice. A motion was made to grant said request. The County Attorney was ordered to draw the proper resolution. p � 1,2 ATTEST: C Cs:u�tJ ...„,4e- 4i4,..- /1 YJ��L��'-� COUNTY CLERV AND RECORDER CHAIRMAN AND CLERK TO THE BOARD BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO September 11, 1972 I hereby certify that pursuant to a notice dated August 9 1972 , duly published August 11, 1972 and September 1, 1972, a public hearing was had on a request for a Land Use Permit as requested by W. H. Webster, at the time and place specified in said notice. The evidence presented was taken under advisement. ATTES: [5,:?44,1„- 4 ,Lec ' /r-_,,67/(h,4..4 4..4/0 COUNTY COUNTY CLEF` AND RECORDER CHAIRMAN r AND CLERK TO THE BOARD BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO d There being no further business for the day, a recess was ordered taken to a future date, subject to call of the Chairman. (..-tet". _ f {41*-�-u•dt COUNTY CLERK A �. lZ�t 7 CHAIRMAN BY: 7_A ,./,-) _• ZUL,,,,,/ Deputy County Clerk GREELEY, COLORADO, WEDNESDAY, SEPTEMBER 13, 1972 4 A regular meeting was held by the Board of County Commissioners of Weld County, Colorado, at 10:00 o'clock A. M. , with the following present: GLENN K. BILLINGS COMMISSIONER HARRY S. ASHLEY COMMISSIONER MARSHALL H. ANDERSON COMMISSIONER ANN SPOMER COUNTY CLERK SAMUEL S. TELEP COUNTY ATTORNEY The minutes of the 11th instant were read, and there bein no corrections or objections thereto, same were ordered approved. The following resolutions were presented: r • a' ; , IN THE MATTER OF CANCELLING PUBLIC WELFARE WARRANTS: r WHEREAS, the following Public Welfare warrants have been (-, - issued in error, or the amounts for which they were drawn have other- wise been changed. NOW, THEREFORE, BE IT RESOLVED, that the attached list of 11 warrants drawn on the Fund indicated be cancelled and held for naught. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following votes k E \ t L,�� i AYES: ��%,�(�Lft l� - t> 1 - - ),16i tit., _I (-L)it_L I << �� -coo St L i COUNTY OF WELD Filed with the Clerk orthe sward - ,,- of County Commiesioners SEP 1 3 1972 ��N�� / {BOARD OF COUYQTY CO SSIONERS TF�E �.+.. frp•.—wvri WELD COUNTY, COLORADO c,ogry ci I tR Amp'wow. By -—- ..-------- ___ _Deputy Date: August 31, 1972 WARRANT N0. DATE NAME AMOUNT Kelsey, Cash J. � 63.00 OAP---- ---19047 1-20-12 50.00 39513 1 -20-72 Romero, Rosendo 50324 7-20-72 Price, C. R. 32.00 50527 7-20-72 Smith, Anna 135.00 51329 8-18-72 Espinosa, Ben 7.00 52342 8-18-72_ Smith, Anna 135.00 52509 8-18-72 Vigil, Pete 36.00 0 TOTAL OAP $ 458.00 AND 9619 1 -20-7? Conde, Maria 121 .00 164.00 13061 6-20-72 Needham, Michael R. 76.00 13100 6-20-72 Pinker, Arlone 58.00 13198 6-20-72 Silva, Elsie 15.00 13797 7-20-72 Schultz, Mary,J. 11 .00 13557 7-20-72 Kiernan, Patrick 130.00 13910 8-18-72 Aguilar, Mary C. 85.00 13931 8-18-72 Barker, William L. 14273 x_18_72 Morehead, Flatland R. 130.00 Ros Tom 58.00 am , 14330 9-1 -72 116.00 14335 8-18-72 Redman, Claude 93.00 ii L g-1g-Z/Z 2 Ro ers, Phillip 151,00 }7; Schultz, Mary J. 1��00 14402 P-1R-72 gcroRginS, Rose Mary $ TTT'g:7r — (98'46) 1 -?0-72 Less Martinez, Charles Royx ( 54.00) cancelled in May, 1972 presumed lost cashed at treasurer' s in July 1 t TOTAL AND $ 1,465.00 WARRANT N0. DATE NAME AMOUNT ADC 34452 6-20-72 Alvarado, Tanislado $ 154.00 34505 6-20-72 Bazor, Janet Mae 169.00 34527 6-20-72 Boden, Brenda S. 137.00 34744 6-20-72 Fry, Sharon Z. 228.00 34764 6-20-72 Garcia, Blanca 142.00 35404 6-20-72 Saenz, Velma F. 134.00 35422 6-2.0-72 Salinas, Linda J. 63.00 35434 6-20-72 Sanchez, Jane 34.00 35559 6-20-72 Trobaugh, Dixine F. 157.00 35859 6-14-72 Hernandez, Amelia 43.00 35879 6-21-72 Gauna, Lydia 92.00 35918 6-28-72 Chavez, Juanita 81.00 35962 6-28-72 Elrod, Irma 95.00 36009 7-20-72 Alvarado, Tanislado 154.00 36060 7-20-72 Bazor, Janet Mae 169.00 36081 7-20-72 Boden, Brenda S. 137.00 4140 36114 7-20-72 Bydalek, Peggy E. 159.00 36293 7-20-72 Fry, Sharon Z. 228.00 3631? 7-20-72 Garcia, Blanca 142.00 Nimiiiimum.3643'+ _T-29-72 Hernandez Amelia .__,. _ 43.00 T__, __ --,mot•- - -- . "i , „_4. rf• • �, 77� t V • r ,.� 45 36499 7-20-72 Jackson, Barbara A. 235.00 4' 37542 8-18-72 Adams, Velma M. 52.00 4. 37597 8-18-72 Balderas, Tomasa R. 86.00 37602 8-18-72 Ball, Robert F. 329.00 ": 30246 8-18-72 Blea, Prescilla 119.00 37659 8-18-72 Brown, Phillip 242.00 37718 8-18-72 Cl4ff, Ann 146.00 37794 8-18-72 Dyer, Janice L. 235.00 37809 8-18-72 Erickson, Edith 37.00 37810 8-18-72 Esparza, Irene 54.00 37850 8-18-72 Fry, Sharon Z. 228.00 37869 8-18-72 Garcia, Blanca 142.00 38029 8-18-72 Himes, Betty Jo. 62.00 38042 8-18-72 Horton, Karen M. 153.00 38063 8-18-72 Jackson, Barbara A. 235.00 38074 8-18-72 Jaramillo, Theresa 286.00 ` 38078 8-18-72 Jennaway, Barbara M. 235,00 38108 8-18-72 La Belle, Carol 153.00 1. 38117 8-18-72 Lee, Muriel E. 169.00 t 38157 8-18-72 Luiz, Elisa 69,00 38186 8-18-72 Martinez, Amelia 336.00 38290 8-18-72 Mitchell, Candy K. 60.00 38353 8-18-72 Nieberger, Kenneth 200.00 38356 8-18-72 Noreen, Mary C. 216.00 38384 8-18-72 Padilla, Alice A. 243.00 38458 8-18-72 Rnmos, Tom 105.00 38636 8-18-72 Sorano, Joan E. 153.00 38642 8-18-72 Stanley, Phyllis 61.00 38656 8-18-72 Stuart, Luci 189.00 38687 8-18-72 Torrez, Gloria 153.00 38748 8-18-72 Vigil, Sheila 153.00 38762 8-18-72 Walton, Venda J. 109.00 39005 8-16-72 Drews, Phyllis 153.00 3901.7 R-16-72 Stolz, Marcia 80.00 TOTAL ADC $ 8,039.00 4 ADC-U 38811 8-18-72 Drews, Rny G. 200.00 • 38815 8-18-72 Gallegos, John 200.00 38822 8-18-72 Gonzalez, Leopoldo 298.00 38847 8-18-72 Servis, Ronald 362.00 TOTAL ADC-U $1 ,060,00 WIN 38859 8-18-72 Akin, Ronald F. 242.00 38867 8-18-72 Camacho, Andrew 294.00 1 38873 8-18-72 Cervantes, Tomas ' 0.00 38886 8-18-72 Drake, Sandra k 153.00 38891 8-18-72 Estala, Gregorio 238.00 38906 8-18-72 Gonzales, Guadalupe 278.00 38408 8-18-72 Gonzalez, Gumecindo Jr, 200.00 38932 8-18-7? Murray, Margie L. 194.00 38933 8-18-72 Nixon, Larry 155.00 38952 8-18-7? Rodriguez Avel 200.00 38954 8-18-72 Rogers, Phillip L. 329.00 38956 8-18-72 Rouse, Randy L. 164.00 38959 8-18-72 Saldana, Frank 144.00 38954 8-18-72 Tyrrell, Sena M. 119.00 TOTAL WIN $ 2,910.00 C''' � 6-10-72 Farley, Joann 15.00 1 ( +�f+��'-) 1-20-69 Less Smith, Mrs. Geor,:x cancelled (3.44) in Jan. 1971 presumed lost-cashed treayffed:'cFpr i. .4kil1972 5 11. 56 TOTAL CANCELLATIONS S 1"1,Q!�3. 56 ABATEMENT U1- 1AXLb: WHEREAS, the Board of County Commissioners of Weld County, Colorado has carefully considered the following petitions and is fully advised in relation thereto. NOW, THEREFORE, BE IT RESOLVED, that said petition be granted as rec- ommended by the Assessor. ' PETITION N0. PETITIONED BY: AMOUNT • 55 Sams Auto Sales $49.07 The above and foregoing resolution was, on notion duly made and seconded, adopted by the following vote: AYES: ,,��� 4-A-- 7/ `Ai e�e- ra' )/ 4 J�{ i L c • U %_� 2/ I/ T i - !!r 4., Y y r. BO C11?r COUNTY COMMISSIONERS WELD COUNTY, COLORADO • 3 DATED: September i3, 1972 r .: rd1,.r, ! '''' , f f t c " art d " ' r �, ,*r S� ,.r - '4. .. • •ie' APPOINT RAY SOTO :' MEMBER WELD COUNTY t.,, \t WELFARE ADVISORY COMMITTEE: WHEREAS, by resolution dated, March 15, 1972, an Advisory Committee to the Weld County Department of Public Welfare was established, and WHEREAS, it is the desire of the Board of County Commissioners of Weld County, Colorado, to increase the membership of said Board to eleven (11) members, and WHEREAS, it has been recommended to the Board of County Commissioners that Mr. Ray Soto of 218 Twenty-Third Avenue, Greeley, Colorado, be appointed to serve on said Board. • NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Weld County, Colorado, that Mr. Ray Soto be and he is hereby appointed as a member of the Weld County Welfare Advisory Committee for a three (3) year term, beginning this date and ending December 31, 1975. The above and foregoing resolution, was on motion duly made and seconded, adopted by the following vote: t AYES: ./� s � /I If' �� ii( [�t 1 ( LjtL• �V rTH BOAR Y OMMISS NERS WELD COUNTY, COLORADO DAIED: SEPTEMBER 13, 1972 APPOINT MRS. CLEO SANCHEZ MEMBER WELD COUNTY WELFARE ADVISORY COMMITTEE: WHEREAS, by resolution dated, March 15, 1972, and Advisory Committee t'`1..- to the Weld County Department of Public Welfare was established, and WHEREAS, it is the desire of the Board of County Commissioners of ` Weld County, Colorado, to increase the membership of said Board to eleven (11 ) members, and, WHEREAS, it has been recommended to the Board of County Commissioners that Mrs. Cleo Sanchez of 1025 - C Street, Greeley, Colorado, be appointed to serve on said Board. N A, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Weld County, Colorado, that Mrs. Cleo Sanchez be and she is hereby appointed as a member of the Weld County Welfare Advisory Committee for a one (1) year term, beginning this date and ending December 31, 1973. The above and foregoing resolution, was on motion duly made and seconded, adopted by the following vote: AYES: �f <'-t//L _f _.C/' ,,,,„70. / 6:o , .. 4 ao i 1, / c , f ....4.0,- , zr---i.........‘,„THEOARD O COXtMMISSIORS WELD COUNTY, COLORADO DATED: SEPTEMBER 13, 1972 arJovs "1;"e. ,s”'.• • -—sip—e. i'.s. .I,,;*,smili. per,MP A , -:44, v•i.,• r t ,t�s-.. �„'t,:+� ¢ .r } , .:_ ...n �'. n ' "' 9: i •...,... v `` '� 459 APPOINT MRS PEARL RODRIQUEZ 11 MEMBER WELD COUNTY WELFARE ADVISORY COMMITTEE: WHEREAS, a vacancy does now exisit on the Weld County Welfare Advisory Committee, and \" WHEREAS, it has been recommended to the Board of County Commissioners of Weld County, Colorado, that Mrs. Pearl Rodriquez of 819 Fourth Street, Greeley, � Colorado, be appointed to fill the unexpired term of Mrs. Irene Sena, said term 1 expires December 31, 1972. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners, Weld County, Colorado, that they do hereby appoint Mrs. Pearl Rodriquez as a member of the Weld County Welfare Advisory Committee for a period beginning this date and ending December 21, 1972. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote: ,C , AYES:_,.G� .eze - �1 _�-Il��� r )irti Lac, I(1-' 11- ,i !7 ' / . BOARD F NTY COMMISSIONERS WELD COUNTY, COLORADO DATED; SEPTEN®ER 13, 1972 . NOTICE Pursuant to the zoning laws of the State of Colorado, a public hearing will be held in the Office of The Board of County Commissioners of Weld County, Colorado. Weld County Court House, Greeley, Colorado, at the time specified. All person5 in any manner interested in the Land Use Permit are requested to 8ttend and may be heard. Pr 1T ALSO KNOWN that the text and maps so certified by the Weld County Planr,inc? Commission may to examined in the Office of The Eoard of County Commissioners, Weld County Court House, Greeley, Color: Jo. Docket No. 47 Charles R. 8 Betty Schmidt 520 N. Co. Rd. f#9E Fort Collins, CO 80521 Date: October 16, 1972 Time: 10:00 A.M. i?equest: Land Use Permit - Dairy Operation A parcel of land located in the Northeast Quarter (NEf) of Section Thirteen (13) , Township Five (5) North, Range Sixty-five (65) West of the 6th P.M. , Weld County Colorado, and more particularly described as follows: Beginning at the Northwest corner of said Northeast Quarter (NEi) of said Section Thirteen (13) , thence South along the West line of said quarter section a distance of 1570 feet to the true point of beginning; thence South along the West line of said quarter section a distance of 500 feet; thence East and parallel to the North quarter section line a distaice of 500 feet; thence North and parallel ;:o the West quarter section line a distance of 500 feet; thence West and parallel to the North quarter section line a distance of 500 feet to the West quarter section line which is the true point of beginning, containing 5.1 acres, more or less. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: ANN SPOMER COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD DATED: September 13, 1972 Publish: September 15 8 October 6, 1972 460 SPECIAL EVENTS FERMENTED MALT BEVERAGE LICENSE `. •. .. NO 72-21 WELD CAMPAIGN COMMITTEE et DURATION OF PERMIT FROM 9/17/72 , 8:00 A. M. tA • to 9/17/72 12:00 MIDNIGHT: *%• ,y5 . v. . � i WHEREAS, Weld County Campaign Committee of P. 0. Box 429, Greeley, Colorado, has presented to the Board of County Commissioners, Weld County, Colorado, an application for a special events County Retail License for sale of 3.2% beer only, and c WHEREAS, the applicants having tendered to the County Treasurer of • Weld County, the sum of Ten Dollars ($10.00) and having tendered to the State of Colorado the sum of Ten Dollars ($10.00) pursuant to the law providing therefore in payment for a retail license for sale of 3.2% beer only, outside the corporate limits of any town or city in the County of Weld at the location described as follows: Greeley Elks Parking Lot - 2809 Thirty-fifth Avenue, Greeley, Colorado. NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners, Weld County, Colorado, having examined the said application and the other qualifications r of the applicant, does hereby grant License Number 72-21 to said applicant to sell 3.2% beer only at retail at said place, and does hereby authorize and direct the issuance of said license by the Chairman of the Board , attested to by the County Clerk and Recorder of Weld County, good for one (1) day only on September 17, 1972 between the hours of 8:00 A. M. until 12:00 midnight of said day unless sooner revoked, according to law provided, however, that said license shall be issued upon the express condition and agreement that the place where said license is authorized to sell beer under said license will be conducted in strict conformity to all laws of the State of Colorado and Rules and Regulation relating thereto heretofore passed by the Board of County Commissioners of Weld County, Colorado, and any violation or violations thereof will be cause for revocation of the license. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote: AYES: / A[:✓ /��/ i l )( ‘L4/ BOARD OF CO NT I ERS WELD COUNTY, COLORADO DATED: SEPTEMBER 13, 1972 NOTICE Pursuant to the zoning laws of the State of Colorado, a public hearing will be held in the Office of The Board of County Commissioners of Weld County, Colorado, Weld County Court House, Greeley, Colorado, at the time specified. All persons in any manner interested in the Land Use Permit are requested to attend and may be heard. ?E IT ALSO ,'.NOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the Office of The Board of County Commissioners, Weld County Court House, Greeley, Colorado. Docket No. 49 William R. Koehler Route 1, Box 48 Greeley, CO 80631 Date: October 16, 1972 Time: 10:20 A.M. Request: Land Use Permit - Site Approval - Feedlot Expansion East-half of the East-half of the Northeast-quarter of the Southeast- quarter (E E*NEfSEi) of Section Twenty-eight (28) , Township Six (6) North, Range Sixty-five (65) West of the 6th P.M. , Weld County, Colorado. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: ANN SPOMER COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD Dated: September 13, 1972 Published: Sept. 15 8 Oct. 6, 1972 w 461 4 NOTICE Pursuant to the zoning laws of the State of Colorado, a public hearing will be held in the Office of The Board of County Commissioners of Weld County, Colorado, Weld County Court House, Greeley, Colorado, at the time specified. All persons in any manner interested in the following proposed Change of Zone are requested to attend and may be heard. •\\ BE IT ALSO KNOWN that the text and maps so certified by the County Planning Commission may be examined in the Office of The ward of County Commissioners, Weld County Court House, Greeley, Colorado. Docket No. 50 Ivan Gilbaugh 914 6th Avenue Greeley, CO 80631 Date: October 16, 1972 Time: 10:30 A.M. Request: Change of Zone - from Agricultural to Agricultiral Planned Unit Development The West One-half (Wf) of the Southwest One-fourth (SWi) of Section Thirty- three (33) Township Seven(7)N Range Sixty-five (65) W. All that part of the Southwest Quarter (SWe of Section 33, Township 7 North, Range 65 West of the 6th P.M. , Weld County, Colorado, more particularly described as follows: Beginning at the Southwest Corner (SWCor) of said Section 33, Township 7 North, Range 65 West of the 6th P.M. and considering the West line of said Section 33, as bearing North 00'35'00" East and with all other bearings contained herein relative thereto: Thence North 00°35 '00" East, 2,489.00 feet along the West line of said Section 33; Thence North 89°30'00" East, 1,384.00 feet; Thence South 00°35 '00" West, 2,547.40 feet to a point on the South line of said Section 33; Thence North 88°05'00" West, 1,384.00 feet along the South line of Section 33 to the Point of Beginning. Said described parcel contains 79.995 acres, more or less and is subject to any right -of-way or other easements as granted by instruments of record as now existing on said tract of land, THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: ANN SPOMER COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD Dated: September 13, 1972 Publish: Sept. 15, 8, Oct. 6, 1972 1 NOTICE Pursuant 1 the .,,e zoning laws of the State of Colorado, a public hearing will be i • held in the Office of The Board of County Commissioners of Weld County, Colorado, \� Weld County Court House, Greeley, Colorado, at the time specified. All persons in any manner interestea in the Land Use Permit are requested to attend and may be heard. Bt 1�' AISO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the Office of The Eoard of County Commissioners, Weld County Court House, Greeley, Colorado. Docket No. 48 Meroco Broadcasting Company '�o Elwood H. Meyer 1316 9th Street Greeley, CO 8063i Date: October 16, 1972 ' Time: 10: 10 A.M. i Request: Land Use Permit - Site Approval - Radio Broadcasting Tower Y i n! 462 .. A part of the Southeast Quarter (SEi) of Section 24, Township 5 North, Range ≥,x 67 West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as follows: Beginning at the Southeast Corner (SECor) of Section 24, Township 5 North, Range 67 West of the 6th P.M. , and assuming the East line of said Section 24, as bearing North 00°00'00" East, and with all other bearings contained • herein relative thereto: Thence North 89°17'24" West, along the South line of said Section 24, 320.00 feet; Thence North 00°00'00" East, 270.00 feet; Thence South 89°17'24" East, 320.00 feet to a point on the East line of said Section 24; Thence South 00°00'00" West, along the East line of said Section 24, 270.00 feet to the Point of Beginning. Said described parcel of land contains 1.983 acres, more or less, including �. 0.620 acres for county road right-of-way and is subject to any right -0f-way or other easements as recorded instruments of record or as now existing on said tract of land. THE BOARD OF COUN'N COMMISSIONERS WELD COUNTY, COLORADO BY: ANN SPOMER COUNTY C;_.kK ANA ;1= ,.DER Dated; September 13, 1972 AND CLERK TO THE Butt Published: Sept, 15 & Oct, 6 , 1972 h DEDICATION OF PERPETUAL RIGHT -OF-WAY KENNEDY SUBDIVISION: Section 13, Township 6 North, Range 67 West BE IT RESOLVED, by the Board of County Commissioners of Weld County, Colorado, that it does hereby approve the dedication of the perpetual rights-of- way over the public roads, streets, highways, and easements in behalf of the public in Kennedy Subivision, being a subdivision located in the Northwest Quarter (NW4) of Section 13, Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado, and being more particularly described as follows: A tract of land situate in the Northwest 4 of Section 13, Township 6 North, Range 67 West of the Sixth P.M. , Weld County, Colorado, which, considering the West line of the Northwest of said Section 13 as bearing due North and with all bearina contained herein relative thereto, is contained within the boundary lines which begin at the West —,' corner of ` + said Section 13 and run thence North 736.60 feet along the We.ctline of said Northwest 4 to a point on the Southerly right-of-way of the Roulard Lateral Ditch; thence along said right-of-way on the following bearings and distances, $68'08' E 173.50 feet and again S55'50' E 129.41 feet and again S45'06' E 66.87 feet and again S59°03' E 787.38 feet; thence S62°45 ' W 154.88 feet; thence S31'39' W 55.70 feet; thence S88°48' W 816.82 feet to the true point of beginning containing 9.5606 acres more or less. and BE IT RESOLVED, that the accompanying plat is approved for filing and the public roads, streets, highways and easements thereon shown are approved, provided however, that the County of Weld will not undertake maintenance of said streets, roads and right -of-way until they have been constructed by the sub- divider according to specifications and accepted by the County of Weld; and BE IT STILL FURTHER RESOLVED, that the subdivider shall furnish a demand note in the amount of $3,700.00 as a guarentee of compliance of signed agreement. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote: /./.6- /�Cwt t �AYES �`,E<<rr >V CCc L� - I 7tri" ' / _ 'T1d/2.647-(7. /. . BARD OF CO NTY COMMISSIONERS WELD COUNTY, COLORADO Dated: September 13, 1972 ' �„'. ,,."g+a. r, .. f.a 301019 1f lq" ri• ,�.>t0yN%. y r'7R�'". ',�nwr(• Oel {FN7 'IY Cd itO/"Ai.T."",• rte. r � tde.; •e l , �'? k ! �,4 fir''. y" § • � '4 ..W ' ` ;F.t,t .ILY�+� r ;i., 3 .r..• �° _ T' '.1..,'y'. • L,.. Z.� 463 SUBDIVISION AGREEMENT THIS AGREEMENT, made and entered into this 19th day of January, 1972 by and between the County of Weld, Colorado, hereinafter called "County", and Philli n 6. KenrpAy hereinafter called "Subdivider". WI TNESSETH: WHEREAS, Subdivider is the owner of the following described property in the County of Weld, Colorado: A t.rart. in ihP SW y- of t.hP NWT, of SPotinn 13, rnran chi p 4 N-r-+ Ranee 67we st of the b th P. M.. Weld County. Colorado. WHEREAS, a final plat of said property, known as KPnnely Subdivision has been submitted to the County for approval; and WHEREAS, it is provided by resolution of the Board of County Commissioners, County of Weld, that no final plat shall be approved unless the subdivider shall have entered into a written agreement with the County to install certain improvements; NOW, THEREFORE, in eorrideration of the foregoing and the acceptance and approval of said final plat, the parties hereto promise, covenant, and agree as follows: 1. Engineering Services: Subdivider shall furnish, at its own expense all enginerring services in connection with the design and construction of the subdivision improvements described and detailed on Exhibit "A", attached hereto and made a part hereof. 1, 1 Said engineering services shall be performed by a Registered Professional Engineer and Land Surveyor in the State of Colorado and shall conform to the standards and criteria for public works as established by the County. 1. 2 Said engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles, estimates, construction supervision, and furnishing • necessary material to the County. 1. 3 Subdivider shall furnish drawings and estimates to the County for approval prior to the letting of any con- struction contract. Before acceptance of the installed improvements, Subdivider shall furnish one set of repro- ducible "as-built" drawings and a final statement of construction cost to the County. 2. Rights-of-Way and Easements: Before commencing the con- struction of any improvements herein agreed upon, Subdivider shall acquire, at its own expense, good and sufficient rights-of-way -end ease- ments on all lands and facilities traversed by the proposed improvements. All such rights-of-way and easements shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. • 3. Construction: Subdivider shall furnish and install, at its own expense, the subdivision improvements described and detailed on Exhibit "A", attached hereto and made a part hereof. 3. 1 Said construction shall be in strict conformance to the drawings approved by the County and the specifications adopted by the County for public works projects. Whenever a subdivision is proposed within three miles of an incorpor- ated community located in the County or located in any adjacent county, the subdivider shall be required to install improvements in accordance with the requirements and standards that would exist if the plat were developed within the corporate limits of that community. If the incorporated 4C4 L community has not adopted such requirements and standards at the time a subdivision is proposed, the requirements and standards of the County shall be adhered to. If both the incorporated community and the County have requirements and standards, those requirements and standards that are more restrictive shall apply. 3. 2 Subdivider shall employ, at its own expense, a qualified testing company, previously approved by the County, to perform all testing of materials or ,onstruction that is re- quired by the County; and shall furnish copies of test results to the County. 3. 3 At all times during said construction, the County shall have the right to test and inspect or to require testing and inspection of material and work at Subdivider's expense, Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satis- faction of the County at Subdivider's expense, 3.4 The Subdivider shall furnish proof that proper arrange- ments have been made for the installation of sanitary sewer, water, gas, electric, and telephone services. 3. 5 Said subdivision improvements shall be completed according to the terms of this agreement within the "Time for Completion" appearing in said Exhibit "A", which time shall commence upon the date of this agreement. The Board of County Commissioners, at its option i,iay grant extension of time of completion upon application by Subdivider, 4. Release of Liability: Subdivider shall indemnify and save harmless the County from any and all suits, actions, or claims of every nature and description caused by, arising from, or on account of said construction, and pay any and all judgments rendered against the County on account of any such suit, action, or claim, together with all reasonable expenses and attorney's fees, incurred by County in defending such suit, action, or claim. All contractors and other employees engaged in construction of the improvements shall maintain adequate workmen's compensation insurance and public liability in- surance coverage. And shall operate in strict accordance with "Occupational Safety and Health Act, " and/or any regulations imposed by the Industrial Commission of the State of Colorado. 5. Acceptance: Upon completion of said construction according to the terms o£ this agreement, the improvements shall be accepted by the County after written approval is received by it from its duly authorized inspecting agent. Upon such acceptance of subdivision, all assignable improvements shall automatically become public facilities and the property of the County. 5. 1 If desired by the County, portions of the improvements may be placed in service when completed, but such use and operation shall not constitute an acceptance of said portions. 5. 2 The County may, at its option, issue building permits for construction on lots for which the subdivision improvements detailed herein have peen started but not completed, and may continue to issue building permits so long as the progress of work on the subdivision improvements throughout the develop- ment is satisfactory to the County; and all terms of this agree- ment have been faithfully kept by Subdivider. 6. Maintenance: During a period of one year from and after the final acceptance of the subdivision improvements, the Subdivider shall, at its own expense, make all needed r,-pairs or replacements due to de- fective materials or workmanship which, in the opinion of the County, shall become necessary. If, within ten days after Subdivider's receipt of written notice from the County requesting such repairs or replace- ments, the Subdivider shall not have undertaken with due diligence to make the same, the County may make such repairs or replacements at the Subdivider's expense. In the case of any emergency, such written notice may be waived. 7. Subdivider shall furnish to the Board of County Commissioners as a guarantee of compliance with this agreement: 1) Cash escrow deposit, or 2) Bank letter of credit, or 3) "Sub Division Bond" issued by surety company authorized to do business in the State of Colorado, or 4) Demand i. • t*, ,'""rtfolirro'f' ,.ztk H,‘V •'''',`s'' -Y.'vAY'"?'' 'eirlIIIITTOWF''''410W`"`•. 'r, ,s' ., l ._ MIROPIIMAA 9' t ,,,, a 1 x •,,I J'1' �}., s I ° ,,....,441.._,'-. ', 1F % w _:' . 5 , 4. tit +!',� - y Do-,.; r1 "t tv-1 f `, :-.4.: : * . i'irc1 . .'"4'6. t ;, 1,''r.. W.w P, 4';':'''. �'"K 1 •• .ar t 74 ,e 1'- i i. �,. • +M. a,,,_.. Note signed by qualified obligors acceptable to the Board of County Com- missioners. Amount of any of the above guarantees shall be set by the Board of County Commissioners and amount of guarantee may be adjusted as portions of work are completed and accepted. $. Successors and Assigns: This agreement shall be binding upon the heirs, executors, personal representatives, successors, and assigns of the Subdivider and upon recording b,y the County shall be deemed a covenant running with the land herein described, and shall be binding upon the successors in ownership of said land. IN WITNESS WI3EREOF', the parties hereto have caused this agreement to be executed on the day and year first above written: • I3OARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Aliz-L ir- S414 r _ )� , / l(1(4 1 L-I, ot,_, ,i ,> M /I -7 ' /is%� �< , r ATTEST: Cle k of e and 17?wi-Pl (a4e--.... AP D A O FORM: /^ C Ginty Attorney ., TT-� �� /- . i L.QJ �1- e_eL 7-7 (Sub eider) •) �4 � � � By; 'JC , , /..-.,` )0'()01-/d---- (Title) ATTEST: . a 4,,,,4_, (Title) >i-C-.,- �t-Ile, - h , , RESOLUTION "'''4 RE: VACATION OF EASEMENT AND RIGHT OF WAY FOR PUBLIC ROADWAY. WHEREAS, by a Resolution of the Board of County Commissioners, t' Weld County, Colorado, dated the 12th day of October, 1889, and recorded iv i October 14, 1889, in Book 86, Page 273, Weld County Records, said Board a declared an easement and right of way for public roadway over and across 30 feet on each side of the common section line dividing Section 6, Township 5 North, Range 64 West of the Sixth P. M. , Weld County, Colorado, and Section 31, Township 6 North, Range 64 West of the Sixth P. M. , Weld County, Colorado, and other property; and \\Y \"' WHEREAS, upon good cause shown, the Board of County A Commissioners, Weld County, Colorado, has determined to relinquish, quitclaim and vacate said easement and right of way; r.. 46tr . _w� i�i� _rr.rr..... _ e__ - �_ - - �..m _..._ .. ...� ...L � �_ .. � _ war. r_._..W......i .• .r+a. _ __ • NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners, Weld County, Colorado, that it does by these presents Iremise, release forever, quitclaim and vacate 30 feet on each side of the common section line dividing Section 6, Township 5 North, Range 64 West of the Sixth P. M. , Weld County, Colorado, and Section 31, Township 6 North, Range 64 West of the Sixth P. M. , Weld , , rights vileges whatsoeve it have now in,County overColorado or upon theand all same, toand thepri intent that the easementr may and right of way may be forever extinguished and that the present owner, his heirs and assigns, shall and may at all times hereafter have and enjoy the premises over which such right of way was so reserved, freed and absolutely discharged therefrom. • The above and foregoing Resolution was, on motion duly and seconded, adopted by the following vote on the 13th day of September, 1972. d BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO _ _. ./ .4-Zt L - A- ,e'.c iee2' f 7 t 16 o , i (:-6., 4 (0, � r) ' 2 ) / / �l/ • � ATTEST: Cv ,., . hnAy Clerk . BY: 7:(,61%nd.., /./Ji/.4--vm.,' Deputy County Clerk A PPROVE& AS TO .___._. ��'(-1 County Attorney / INDEXED r--i /v s E p , ,-::7:7:Recorded et__..1.a.___. et-Iry-V...1. .M._. _ •iiti(:K 014\� +SA. A` e t C. No.._ . 1O7802 An Sarmnr 4-„,i« I QUIT CLAIM DEED /"1 THIS DEED, Made this 13th day of September, 1972, between WELD COUNTY, a municipal corporation and a political subdivision of the N: State of Colorado, by the BOARD OF COUNTY COMMISSIONERS, for the CD respective interests of the COUNTY OF WELD and the STATE OF N" COLORADO, of the first part, and THE PRESENT OWNERS, of the second ON n part; ,,,, �' WITNESSETH, That the said party of the first part, and in con- sideration of the sum of other valuable consideration and Ten Dollars ($10. 00), to said party of the first part in hand paid by the said parties of the second part, the receipt of which is hereby confessed and acknowledged, --) has remised, released, sold, conveyed and QUIT CLAIMED unto the said J parties of the second part, all the right, title, interest, claim and demand which the said party of the first part has in and to the following described ? real estate situate, lying and being in the County of Weld and State of Colorado, to-wit: A strip of land 30 feet on each side of the common section line dividing Section 6, Township 5 North, Range 64 West of the Sixth P. M. , Weld County, Colorado, and Section 31, Township 6 North, Range 64 West of the Sixth P. M. , Weld County, Colorado. To Have and To Hold the same, together with all and singular the appurtenances and privileges hereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said party of the first part, either in law or equity, to the only proper use, benefit, and behoof of the said parties of the second part, their heirs mawand assigns forever. z167`_' SIGNED AND DELIVERED this 13th day of September, 1972, by WELD COUNTY, a municipal corporation and a political subdivision of the , STATE OF COLORADO by the BOARD OF COUNTY COMMISSIONERS, for .=iiij its respective interests. BOARD OF COUNTY" COMMISSIONERS ATTEST: WELD COUNTY, COLORADO ,00 4 ' - Ji +. ,�, . , *.-vi T r •�� � ;� D vu Clerk ,� / (`-ls2;#- � �. STATE OF COLORADO, ) ) ss. COUNTY OF WELD, ) The foregoing instrument was acknowledged before me this 13th day of September, A.D. , 1972, by Glenn K. Billings, Harold S. Ashley and Marshall H. Anderson as the BOARD OF COUNTY COMMISSIONERS and Wilma Adams as Deputy County Clerk for Weld County, a municipal corporation and a political subdivision of the STATE OF COLORADO Iiy the BOARD OF COUNTY COMMISSIONERS, for its respective interests. 4� ,.F� Witness my hand and official seal. � VARY ` 7 •*��, ',, My commission expires: 'l -116' / 0o, /1% 73.. /''r .. C`fC - .� - otary Pu lic RESOLUTION WHEREAS, a public hearing was held on September 11, 1972, in the chambers of the Board of County Commissioners, Weld County, Colorado, for the purpose of hearing a petition of H. D. Scott, 501 E. 28th Street, Greeley, Colorado, requesting a change of zone from "A" Agricultural District to "C" Commercial District (Commercial-Unit Development), and WHEREAS, the petitioner was present and represented by counsel, and WHEREAS, there was no one present in opposition to the change of zone, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, and WHEREAS, the Board of County Commissioners has studied the request of the petitioner and studied the recommendations of the Weld County Planning Commission, and having been fully informed; NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners that the petition of H. D. Scott, for a change of zone from "A" Agricultural District to "C" Commercial District (Commercial Unit Development), said area being more particularly described as follows: A tract of land located in the Southwest Quarter (SW4) i of Section 16, Township 5 North, Range 65 West of the 6th P. M. , Weld County, Colorado, and being further described as follows: Commencing at the Southwest Corner (SW Cor) of said Section 16, and considering the South line of the South- west Quarter (SW4) of said Section 16 to bear North 89° 49' 58" East with all bearings herein being relative .,•.•A thereto: • 468 .�...ltl►A w..:a.I;..:.� .i...rn=.+.+.�;:ef:.Jar�f...- — ....�«�a.w....�.e ..rL'Y.s`fi+4'�i3rsa+in Thence North 89° 49' 58" East, along South line of the j Southwest Quarter (SW4) of said Section 16, a distance of 1057, 00 feet; Thence North 00° 05' 38" East, 389, 95 feet to the True Point of Beginning; Thence continuing North 00° 05' 38" East, 392. 05 feet to a point 19. 00 feet South of the Centerline of Greeley Irrigation Company Canal; Thence South 84° 47' 18" East, along the Southerly Bank of said Greeley Irrigation Company Canal, 575. 97 feet; Thence South 00° 10' 02" East 302. 00 feet; Thence South 85° 11 ' 35" East, 180. 10 feet; Thence South 84° 27' 00" West, 189. 69 feet; Thence North 89° 38' 52" West 665. 44 feet to the True Point of Beginning. Said tract of land contains 5. 000 acres, more or less, ilacbv granted under the conditions following: 1. Any water and sanitation facilities to be installed shall be approved by the State Health Department. 2. Subject to planned unit development (PUD) being approved in final form. 3. Subject to approval of drainage plan by the City of Greeley Engineer. i. Subject to making provision for connecting to city sewer and water when available in the area. 5. All applicable subdivision regulations and zoning regulations shall be followed and complied with in accordance with the Weld County Zoning Resolutions. Dated this 13th day of September, 1972. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO /.g 4. /s -el/er*i )1 / ATTEST: , .:,2/ Clerk the board Bys-- Deputy County Clerk A PPItOV AS TO Tarliv::. ounty A torney i AI, ..-,,,,,, 1 `; - = �'. � -- 469 -, -:r....-- ..__- RESOLUTION RE: CONTRACT P-102-2A BETWEEN WELD COUNTY, COLORADO,AND THE LARIMER-WELD REGIONAL PLANNING COMMISSION, r WHEREAS, the Larimer-Weld Regional Planning Commission and the Planning Departments of both Larimer and Weld Counties have indicated that it is in the best interest of the people of the respective counties and the regional jurisdiction as a whole, to enter into a work program contract Cf for the year 1972-1973; and Y IWHEREAS, a copy of said contract P-102-2A is attached hereto and made a part of this Resolution by reference; and 4 1 WHEREAS, the Board of County Commissioners of Weld County, m Colorado, approves said contract P-102-2A as it affects Weld County, Colorado, NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners, Weld County, Colorado, that the contract P-102-2A between Weld County, Colorado and the Larimer-Weld Regional Planning Commission be, and the same is hereby approved. The above and foregoing Resolution was,, on motion duly made and seconded, adopted by the following vote on the _ 13th day of September 1972, THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO O ATTEST: /�te.e.A.-_ A-- ;ZJ7---e-/ -fl•Pt,,-/Ae-4,-Ykt.t.4.,Clerk to thWBoard t� -�. BY4,/.,halit »u,t � � , Deputy „0 � / APPROVED AS TO FORM: i _- CONTRACT This agreement effective on the 1st day of July , 1972, by and between the Larimer-Weld Regional Planning Commission, party of the first part hereinafter referred to as Commission, and Weld County, party of the second part hereinafter referred to as County; MUTUALLY AGREE AS FOLLOWS: I A. The Commission hereby agrees to engage the County and the County hereby agrees to perform the services hereinafter set forth in connection with the project or projects of the Commission under Comprehensive i i Planning Assistant Contract No. P-102-2A, Colorado Department of Local i r- Affairs; _.,.�- .. w+,.r�•.- ry e �`, Z 44,14 444:4-r x' 404, J ` 4T•Q � B. The County shall perform all the necessary services provided under this contract in connection with and respecting the Area-wide Planning Jurisdiction of Larimer and Weld counties referred to by the Colorado Division of Planning as Region 2; • C. The County shall do, perform, and carry out, in a satisfactory r and proper manner, as determined by the Commission, work elements as F provided in the attached Scope of Services. The County agrees that it will assign.personnel from its planning department or other departments that are qualified to perform the work that is contracted herein; D. The services of the County are to commence as soon as practicable after execution of this contract and shall be undertaken in such sequence as to assure completion of this contract by May 30, 1973; E. The Commission agrees to reimburse the County two-thirds (2/3) of all eligible project costs up to but not exceeding the amount paid to the Commission by the Colorado Department of Local Affairs; F. The Commission shall make such payments to the County upon receipt of appropriate form approved by the Commission indicating eligible service and materials and upon the Commission's receipt of funds from the Colorado Department of Local Affairs; G. The performance of the service required hereunder will be under the general supervision of the Coordinator of the Commission, who is designated as the planner-in-charge of the work program agreed upon between the Larimer-Weld Regional Planning Commission and the Colorado Department of Local Affairs; H. The County shall submit to the Coordinator of the Commission monthly reports ccntaining a progress report or information in a form prescribed by the Commission, IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. LARIMER-WELD REGIONAL PLANNING COMMISSION -1 airm n BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO / AlfeCTED FORM: _11/4-f- /t- /Li"c,itaz? • 'T--4/6 ount Attorney 9 N R r M -mil 4;1 SCOPE OF SERVICES: WELD COUNTY Job No. 1. ACCOUNTING: Weld County will accept all checks and receipts of the Larimer-Weld Regional Planning Commission and deposit them into a separate fund from other Weld County monies. The county shall also issue checks authorized by the commission. At the end of each calendar quarter a financial report shall be furnished to 'the commission which shows the total receipts for the year and the quarter, the total expendi- tures for the year and the quarter, and the balance in the fund. 2. HOUSING WORK PROGRAM: Housing Needs: The county planner shall continue the housing study by a continuation of a study of housing need by making an in-depth field study to determine supply and demand of low- and moderate-income family housing in the Greeley area. The quarterly report will include summary of findings, charts showing supply and demand by incomes and size of housing available, and maps of the areas studied. The final report shall be in printed form with fifty (50) copies and it shall summarize the total work program, in- cluding information on structural qualities, public services available, and the total needs by income groups. 3. Housing Economics: The county planner shall make a study which shall include a review of obstacles and barriers to construction of low and moderate priced housing for low and mo derate income families by the private sector. A study will be made of zoning codes, subdivision regu- lations, sales and rental practices that affect housing construction. The final report will include a summary of those factors that keep the cost of construction of housing above the financial ability of low and moderate income families. 4. BUILDING INSPECTION FOR SMALL TOWNS: The county planner shall make available to towns within Weld County a building in- specticn service. The report will include the number of permits issued, the number of inspections made, the value of total permits, types of building constructs on, and other information to determine a trend in growth of the small towns. 5. DRAINAGE SYSTEMS: The county planner shall make a study that will include an inventory of all potential flood problems in growing areas of Region 2. The study will use aerial photographs and USGS topo- graphic maps and field checks of historical floods will he made when needed. The final report will include a map with potential floodways delineated , . w'' for possible use in zoning and other land use control measures. The map will indicate the major facilities recommended to meet with HUD requirements for certification. The final report will also indicate the agency who might be responsible for carrying out the plans or constructing the facilities. 6. SEWER PLANNING: The county planner will cooperate with other consultants who will be preparing the comprehensive sanitary sewer and sewage treatment plan. 7. OPEN SPACE PLANNING: The county planner will supervise this study which will include an inventory of all public owned open space now existing, provide the standards and criteria used to project future open space needs, show the deficiencies and locate on a map general areas for future open space requirements and existing open space within Weld County. The report shall indicate the relationship of open space element to adopted goals, objectives and land use element. The final report will include recommendations from both Weld and Larimer counties and to various jurisdictions in the areawide planning jurisdiction for obtaining the re- quired open space. 8. SOILS CLASSIFICATION: The county planner shall perform this work by delineation of various types of soils classification received from the Soil Conservation Service to aerial photographs. The work shall also include field inspections within the design area, which is the Western portion of Weld County, The final report will include copies of the maps and a summary of each soil delineated upon the maps. 9. COMPREHENSIVE PLANNING: The county planner shall up- grade the comprehensive plans of Fort Lupton and Platteville as required to qualify them for federal funds. The report will be an updated comprehensive plan, which will include a land use element, transportation element, open space element, and a housing element. SCOPE OF SERVICES: LARIMER COUNTY Job No. 4. BUILDING INSPECTION FOR SMALL TOWNS: The county planner shall make available to towns within Larimer County a building inspection service. The report will include the number of permits issued, value of permits, types of building construction, number of inspections made, and other information to determine a trend in growth of the small towns. 5. DRAINAGE SYSTEMS: The county planner shall make a study that will include an inventory of all potential flood problems in growing areas of Larimer County. The study will include the use of aerial photo- graphs and USGS topographic maps and field checks of historical floods when needed. This information will be supplied to the Larimer-Weld Regional Planning Commission in such form that it can be coordinated with a regional 4 study. 6. SEWER AND SEWAGE TREATMENT PLANNING: The county planner or a qualified person shall make a study that will upgrade the Interim Water and Sewer Report as to sewage treatment plant sites, trunk sewer lines, and other major facilities needed. A map showing the service areas for each treatment plant, future waste water production, estimated cost elements, and the agency that should be responsible for furnishing the service shall be included in the final report. The final report will be in sufficient detail to file for sewer certification by HUD. 7. OPEN SPACE PLANNING: The county planner will supervise the open space study in Larimer County which shall include an inventory of all public owned open space now existing within the county, work with other planners of the Region to provide the standards and criteria used to pro- j ect future open space needs, show the deficiencies and locate on a map general areas for future open space requirements and the existing open space within Larimer County. 9. COMPREHENSIVE PLANNING: The county planner shall up- grade the comprehensive plans of the small towns as required to qualify them for federal funds. The report will be an updated comprehensive plan including the necessary planning elements as required. There being no further business for the day, a recess was ordered taken to a future date, subject to call of the Chairman. COUNTY CLERK , ,�._ � CHAIRMAN BY: 7/, 1.t ‘,)44.,,,/ Deputy County Clerk ,• 4'74 GREELEY COLORADO WEDNESDAY SEPTEMBER 20 1972 A regular meeting was held by the Board of County Commissioners of Weld County, Colorado, at 10:00 o;clock A. M. , with the following present: GLENN K. BILLINGS COMMISSIONER HARRY S. ASHLEY COMMISSIONER MARSHALL H. ANDERSON COMMISSIONER ANN SPOMER COUNTY CLERK SAMUEL S. TELEP COUNTY ATTORNEY The minutes of the 13th instant were read, and there being no corrections or objections thereto, same were ordered approved. The following resolutions were presented: NOTICE Notice is hereby given that a proposed budget has been submitted to the Board of County Commissioners of Weld County, Colorado, for the ensuing year of 1973. That a copy of such proposed budget has been filed in the office of the Clerk to the Board of County Commissioners where same is open for public inspection. That such proposed budget will be considered at a regular meeting of the Board of County Commissioners to be held in their office in the Weld County Court House at Greeley, Colorado, on October 25, 1972, at 10:00 o 'clock A.M. Any taxpayer within said Weld County may at any time prior to the final adoption of the budget file or register his objection thereto. Dated this 20th day of September, THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: ANN SPOMER COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD Publish: The Greeley Booster September 22 and October 13, 1972 _ s 71 RESOLUTION WHEREAS, the people of Weld County, State of Colorado, are saddened by the death of Paul N. Lodwick, County Superintendent of Schools for Weld County, and � WHEREAS, Mr. Lodwick was a man of great courage and honor, � and WHEREAS, Mr. Lodwick had gained the love, respect and admiration of the people of Weld County through his great devotion to his office as Weld County Superintendent of Schools. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners, Weld County, Colorado, that by the death of Paul N. Lodwick, Weld County has lost one of its outstanding citizens and it does hereby pay tribute to a man of great ability and high integrity, who has well served not only Weld County but all of his fellow men, and does extend heartfelt sympathy to the members of his family. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on this 20th day of September, 1972. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO c /_ • /-� ATTEST: (4 1. LLB'-- 'tom ('let]: or the Boar;1 1 ppi; vpi) .4� TO FORM* • u 476 V ... .. ....... ... ..._ �. ACCEPT MINOR SUBDIVISION N0. 1053-6-2-MS-4 PART OF THE NORTHWEST QUARTER SECTION 6, TOWNSHIP 4 NORTH, RANGE 64 WEST OF THE 6TH P. M. WELD COUNTY, COLORADO: WHEREAS, on May 5, 1972, the General Assembly of the State of Colorado, enacted Senate Bill #35 as relates to Chapter 106 of the Colorado Revised Statutes, and WHEREAS, on August 30, 1972, the Board of County Commissioners of Weld County, Colorado, adopted Subdivision Regulations for Weld County, Colorado, to comply with the prescribed Senate Bill #35, and WHEREAS, the Weld County Planning Commission has recommended to the Board of County Commissioners ,for recording Minor Subdivison No. 1053-6-2-MS-4 as provided in Section 9 of the Subdivision Regulations for Weld County, Colorado, said minor subdivision is more particularly described as follows: A tract of land located in the Northwest Quarter (NW4) of Section 6, Township 4 North, Range 64 West of the 6th P. M. , Weld County, Colorado, being more particularly described as follows: Beginning at the Northwest Corner (NW Cor) of said Section 6 and considering the West line of the Northwest Quarter (NW4) of said Section 6, to bear North 00° 00' 00" East, with all other bearings contained herein being relative thereto: Thence South 00° 00' 00" West along the West line of the Northwest Quarter (NW4) of said Section 6, 659.49 feet to the True Point of Beginning; Thence North 89° 31' 44" East 1276.05 feet; Thence South 02° 25' 52" West 1975.74 feet to a point on the South line of the Northwest Quarter (NW4) of Section 6; Thence South 89° 16' 29" West 1192.29 feet on the South line of the Northwest Quarter (NW4) of said Section 6; Thence North 00° 00' 00" East along the West line of the Northwest Quarter (NW4) of said Section 6, 1978.47 feet to the True Point of Beginning; Except a parcel conveyed by deed recorded October 3, 1966 under Reception No. 1495631 in Book 574 of Weld County Record's and more particularly described as follows: Beginning at a point 669.88 feet North of the West Quarter (W4) Corner of Section 6; Thence North 200.00 feet; Thence East 220.90 feet; Thence South 200.00 feet; Thence West 220.90 feet to the Point of Beginning Contains 1.014 acres m/l. Said described parcel contains 54,964 acres, more or less, and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said tract of land. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Weld County, Colorado, that the Chairman be and he is hereby authorized to sign the plat for recording of Minor Subdivision No. 1053-6-2MS-4. The above and foregoing resolution, was on motion duly made and seconded, adopted by the following vote: AYES: � /Lee--- ,XCeC`�� , t ( f - •„1 X THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO � / - APPROVED: //' '?', ( { 'COUNTY ATTORNE ' ) DATED: September 20, 1972 Hello